[Federal Register Volume 79, Number 200 (Thursday, October 16, 2014)]
[Proposed Rules]
[Pages 62070-62072]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-24556]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2014-0751; Directorate Identifier 2013-NM-188-AD]
RIN 2120-AA64


Airworthiness Directives; Kidde Graviner

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for 
certain Kidde Graviner hand-operated fire extinguishers as installed 
on, but not limited to, various transport and small airplanes. This 
proposed AD was prompted by a report that a fire extinguisher failed to 
operate when the activation lever was pressed. This proposed AD would 
require modifying the affected fire extinguishers. We are proposing 
this AD to prevent fire extinguishers from failing to operate in the 
event of a fire, which could jeopardize occupants' safety and 
continuation of safe flight and landing.

DATES: We must receive comments on this proposed AD by December 1, 
2014.

ADDRESSES: You may send comments by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: (202) 493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Kidde

[[Page 62071]]

Graviner Limited, Mathisen Way, Colnbrook, Slough, Berkshire, SL3 0HB, 
United Kingdom; telephone +44 (0) 1753 583245; fax +44 (0) 1753 685040. 
You may view this referenced service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information 
on the availability of this material at the FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2014-
0751; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Operations office (telephone (800) 647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Caspar Wang, Aerospace Engineer, 
Boston Aircraft Certification Office (ACO), FAA, Engine & Propeller 
Directorate, 12 New England Executive Park, Burlington, MA 01803; 
phone: 781-238-7799; fax: 781-238-7170; email: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2014-0751; 
Directorate Identifier 2013-NM-188-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Community, has issued EASA 
Airworthiness Directive 2012-0037, dated March 9, 2012 (referred to 
after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for certain Kidde 
Graviner hand-operated fire extinguishers as installed on, but not 
limited to, various transport and small airplanes. The MCAI states:

    An instance occurred where an operator tried to use the fire 
extinguisher, but the extinguisher failed to operate when the 
activation lever was pressed.
    This condition, if not detected and corrected, could lead, in 
case of need to use the device to extinguish a fire on an aircraft, 
to jeopardize the occupants' safety as well as the flight 
continuation and safe landing.
    The part manufacturer Kidde Graviner has introduced a design 
change to remove the root cause of the possible failure.
    This AD requires to modify all potentially defective fire 
extinguishers [including applying adhesive to the gland nut].

    You may examine the MCAI in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2014-0751.

Relevant Service Information

    Kidde Graviner has issued Alert Service Bulletin A26-081, Revision 
1, dated January 31, 2012. The actions described in this service 
information are intended to correct the unsafe condition identified in 
the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

Costs of Compliance

    We estimate that this proposed AD affects 400 appliances installed 
on, but not limited to, various transport and small airplanes of U.S. 
registry.
    We also estimate that it would take about 25 work-hours per product 
to comply with the basic requirements of this proposed AD. The average 
labor rate is $85 per work-hour. Based on these figures, we estimate 
the cost of this proposed AD on U.S. operators to be up to $850,000, or 
$2,125 per appliance.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.


Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness 
directive (AD):


[[Page 62072]]


Kidde Graviner: Docket No. FAA-2014-0751; Directorate Identifier 
2013-NM-188-AD.

(a) Comments Due Date

    We must receive comments by December 1, 2014.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Kidde Graviner hand-operated fire 
extinguishers having part numbers 56412-001 (34H), 56411-001 (35H), 
and 56412-002 (38H). These fire extinguishers may be installed on, 
but not limited to, various transport and small airplanes, 
certificated in any category, specified in paragraphs (c)(1), 
(c)(2), (c)(3), (c)(4), (c)(5), and (c)(6) of this AD.
    (1) BAE Systems (Operations) Limited Model ATP airplanes.
    (2) BAE Systems (Operations) Limited Model 4101 airplanes.
    (3) EADS CASA (Type Certificate previously held by 
Construcciones Aeronauticas, S.A.) Model C-212-CB, C-212-CC, C-212-
CD, C-212-CE, C-212-CF, C-212-DE, and C-212-DF airplanes.
    (4) Fokker Services B.V. Model F.27 Mark 050, 100, 200, 300, 
400, 500, 600, and 700 airplanes.
    (5) Short Brothers PLC Model SD3-60 SHERPA, SD3-SHERPA, SD3-30, 
and SD3-60 airplanes.
    (6) SHORT BROTHERS & HARLAND LTD SC-7 Series 2 and SC-7 Series 3 
airplanes.

(d) Subject

    Air Transport Association (ATA) of America Code 26, Fire 
Protection.

(e) Reason

    This AD was prompted by a report that a fire extinguisher failed 
to operate when the activation lever was pressed. We are issuing 
this AD to prevent fire extinguishers from failing to operate in the 
event of a fire, which could jeopardize occupants' safety and 
continuation of safe flight and landing.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Modification

    Within 6 months after the effective date of this AD, modify all 
Kidde Graviner hand-operated fire extinguishers having part numbers 
56412-001 (34H), 56411-001 (35H), and 56412-002 (38H), in accordance 
with the Accomplishment Instructions of Kidde Graviner Alert Service 
Bulletin A26-081, Revision 1, dated January 31, 2012.

(h) Credit for Previous Actions

    This paragraph provides credit for actions required by paragraph 
(g) of this AD, if those actions were performed before the effective 
date of this AD using Kidde Graviner Alert Service Bulletin A26-081, 
dated August 23, 2011, which is not incorporated by reference in 
this AD.

(i) Parts Installation Prohibition

    As of the effective date of this AD, no person may install any 
Kidde Graviner hand-operated fire extinguisher having part number 
56412-001 (34H), 56411-001 (35H), or 56412-002 (38H) on any airplane 
unless the fire extinguisher has been modified as specified in 
paragraph (g) of this AD.

(j) Other FAA AD Provision

    The following provision for Alternative Methods of Compliances 
(AMOCs) also applies to this AD: The manager of the office having 
certificate responsibility for the affected product has the 
authority to approve AMOCs for this AD, if requested using the 
procedures found in 14 CFR 39.19. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. The Manager, Boston 
Aircraft Certification Office (ACO), FAA, will coordinate requests 
for approval of AMOCs with the manager of the appropriate office for 
the affected product. Send information to ATTN: Caspar Wang, 
Aerospace Engineer, Boston Aircraft Certification Office (ACO), FAA, 
Engine & Propeller Directorate, 12 New England Executive Park, 
Burlington, MA 01803; phone: 781-238-7799; fax: 781-238-7170; email: 
[email protected]. Before using any approved AMOC, notify your 
appropriate principal inspector, or lacking a principal inspector, 
the manager of the local flight standards district office/
certificate holding district office. The AMOC approval letter must 
specifically reference this AD.

(k) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) European Aviation Safety Agency (EASA) Airworthiness 
Directive 2012-0037, dated March 9, 2012, for related information. 
This MCAI may be found in the AD docket on the Internet at http://www.regulations.gov by searching for and locating it in Docket No. 
FAA-2014-0751.
    (2) For service information identified in this AD, contact Kidde 
Graviner Limited, Mathisen Way, Colnbrook, Slough, Berkshire, SL3 
0HB, United Kingdom; telephone +44 (0) 1753 583245; fax +44 (0) 1753 
685040. You may view this service information at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For 
information on the availability of this material at the FAA, call 
425-227-1221.


    Issued in Renton, Washington, on September 23, 2014.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2014-24556 Filed 10-15-14; 8:45 am]
BILLING CODE 4910-13-P