[Federal Register Volume 80, Number 149 (Tuesday, August 4, 2015)]
[Rules and Regulations]
[Pages 46187-46190]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-18710]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-3139; Directorate Identifier 2012-NM-139-AD; 
Amendment 39-18224; AD 2015-15-14]
RIN 2120-AA64


Airworthiness Directives; BAE Systems (Operations) Limited 
Airplanes

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Final rule; request for comments.

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SUMMARY: We are adopting a new airworthiness directive (AD) for all BAE 
Systems (Operations) Limited Model ATP airplanes. This AD requires a 
one-time inspection for solder deposited on the frangible plug of 
certain engine and auxiliary power unit (APU) fire extinguishers. This 
AD was prompted by reports of a fire extinguisher that failed to 
discharge due to solder deposited on the frangible plug of the fire 
extinguisher. We are issuing this AD to detect and correct solder 
deposited on the frangible plug of the fire extinguisher, which could 
result in failure of the fire extinguisher to discharge, and consequent 
inability to put out a fire in an engine or in the APU.

DATES: This AD becomes effective August 19, 2015.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of August 19, 
2015.
    We must receive comments on this AD by September 18, 2015.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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 BAE Systems (Operations) Limited service information identified 
in this AD, contact BAE Systems (Operations) Limited, Customer 
Information Department, Prestwick International Airport, Ayrshire, KA9 
2RW, Scotland, United Kingdom;

[[Page 46188]]

telephone: +44 1292 675207; fax: +44 1292 675704; email: 
[email protected]; Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.
    For Kidde Graviner service information identified in this AD, 
contact Kidde Graviner Limited, Mathisen Way, Colnbrook, Slough, 
Berkshire, SL3 0HB, United Kingdom; telephone: +44 (0)1753 683245, 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. It is also available on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3139.

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-2015-
3139; or in person at the Docket Operations office between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this 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: Todd Thompson, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone: 425-227-1175; 
fax: 425-227-1149.

SUPPLEMENTARY INFORMATION:

Discussion

    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2012-0127R1, dated September 10, 2012 (referred 
to after this as the Mandatory Continuing Airworthiness Information, or 
``the MCAI''), to correct an unsafe condition for all BAE Systems 
(Operations) Limited Model ATP airplanes. The MCAI states:

    A fire handle on a BAe 146 aeroplane was operated on the ground 
as a precautionary measure after the throttle cable on the affected 
engine failed, due to corrosion. The extinguisher failed to 
discharge.
    Investigation results revealed that excess solder, which had 
been deposited during overhaul on the frangible plug of the 
extinguisher, prevented the release of the extinguishant. Prompted 
by this report, Kidde Graviner, the fire extinguisher manufacturer, 
identified four further extinguishers of similar design that had the 
same issue. The ATP aeroplane extinguisher is one of those of a 
similar design.
    This condition, if not detected and corrected, could result in 
the failure of a fire bottle to discharge, which reduces the ability 
of the fire protection system to extinguish fires in the engine or 
Auxiliary Power Unit (APU) fire zones, possibly resulting in damage 
to the aeroplane and injury to the occupants.
    For the reasons described above, EASA issued AD 2012-0127 [dated 
July 10, 2012, http://ad.easa.europa.eu/ad/2012-0127R1] to require a 
one-time inspection of the affected Part Number (P/N) 57183 engine 
and APU fire extinguishers. In addition, this [EASA] AD prohibited 
installation of a fire extinguisher, unless it has passed the 
inspection as required by AD 2012-0127.
    Revision 1 of this [EASA] AD is issued to clarify that new 
extinguishers P/N 57183 may be fitted with no additional inspection 
required by this [EASA] AD.

    You may examine the MCAI on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
3139.

Related Service Information Under 1 CFR Part 51

    BAE Systems (Operations) Limited and Kidde Graviner have issued the 
following service information.
     BAE Systems (Operations) Limited Service Bulletin ATP-26-
016, dated October 4, 2011. The service information describes 
procedures for an inspection for solder deposited on the frangible plug 
of certain engine and APU fire extinguishers.
     Kidde Graviner Service Bulletin 26-080, Revision 1, dated 
July 27, 2011. The service information describes procedures for an 
inspection for solder deposited on the frangible plug of certain engine 
and APU fire extinguishers.
    This service information is reasonably available because the 
interested parties have access to it through their normal course of 
business or by the means identified in the ADDRESSES section of this 
AD.

FAA's Determination and Requirements of This 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 issuing this AD because we 
evaluated all pertinent information and determined the unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.

FAA's Determination of the Effective Date

    Since there are currently no domestic operators of this product, 
notice and opportunity for public comment before issuing this AD are 
unnecessary.

Comments Invited

    This AD is a final rule that involves requirements affecting flight 
safety, and we did not precede it by notice and opportunity for public 
comment. We invite you to send any written relevant data, views, or 
arguments about this AD. Send your comments to an address listed under 
the ADDRESSES section. Include ``Docket No. FAA-2015-3139; Directorate 
Identifier 2012-NM-139-AD'' at the beginning of your comments. We 
specifically invite comments on the overall regulatory, economic, 
environmental, and energy aspects of this AD. We will consider all 
comments received by the closing date and may amend this 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 AD.

Costs of Compliance

    Currently, there are no affected airplanes on the U.S. Register. 
However, if an affected airplane is imported and placed on the U.S. 
Register in the future, the required actions will take about 1 work-
hour, at an average labor rate of $85 per work-hour. Based on these 
figures, we estimate the cost of this AD to be $85 per airplane.
    In addition, we estimate that any necessary follow-on actions will 
take about 1 work-hour and require parts costing $7,042, for a cost of 
$7,127 per product.

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

[[Page 46189]]

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 AD will not have federalism implications 
under Executive Order 13132. This AD will 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 that this AD:
    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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends 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):

2015-15-14 BAE Systems (Operations) Limited: Amendment 39-18224. 
Docket No. FAA-2015-3139; Directorate Identifier 2012-NM-139-AD.

(a) Effective Date

    This AD becomes effective August 19, 2015.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all BAE Systems (Operations) Limited Model 
ATP airplanes, certificated in any category, all manufacturer serial 
numbers.

(d) Subject

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

(e) Reason

    This AD was prompted by reports of a fire extinguisher that 
failed to discharge due to solder deposited on the frangible plug of 
the fire extinguisher. We are issuing this AD to detect and correct 
solder deposited on the frangible plug of the fire extinguisher, 
which could result in failure of the fire extinguisher to discharge, 
and consequent inability to put out a fire in an engine or in the 
APU.

(f) Compliance

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

(g) Inspection of Fire Extinguishers

    (1) For airplanes equipped with Kidde Graviner fire 
extinguishers having part number (P/N) 57183 (all dash numbers): 
Within 12 months after the effective date of this AD, inspect each 
affected fire extinguisher for solder deposited on the frangible 
plug of the fire extinguisher, in accordance with the Accomplishment 
Instructions of BAE Systems (Operations) Limited Service Bulletin 
ATP-26-016, dated October 4, 2011, and Kidde Graviner Service 
Bulletin 26-080, Revision 1, dated July 27, 2011. If any solder 
deposit is detected, replace the fire extinguisher with a 
serviceable fire extinguisher before further flight, in accordance 
with the Accomplishment Instructions of BAE Systems (Operations) 
Limited Service Bulletin ATP-26-016, dated October 4, 2011.
    (2) Fire extinguishers that meet any condition identified in 
paragraph (g)(2)(i), (g)(2)(ii), or (g)(2)(iii) of this AD are 
compliant with the requirements of paragraph (g)(1) of this AD.
    (i) Fire extinguishers that have been overhauled by Kidde 
Graviner or Hugen.
    (ii) Fire extinguishers that have been overhauled as specified 
in Kidde Graviner Service Information Letter (SIL) 01-10, dated July 
29, 2010.
    (iii) Fire extinguishers that have been overhauled as specified 
in Kidde Graviner Component Maintenance Manual with Illustrated 
Parts List 26-21-52, Automatic Extinguishers with Steel Containers 
Part Numbers 57133, 57135, 57145, and 57183 Series, Revision 17, 
dated June 13, 2012.

(h) Definition of ``Overhaul''

    For the purpose of this AD, an overhaul is considered to include 
replacement of the operating head. Replacement of the pressure 
relief plug assembly only is not considered an overhaul.

(i) Parts Installation Limitations

    As of the effective date of this AD, do not install a Kidde 
Graviner fire extinguisher having P/N 57183 (all dash numbers) on 
any airplane, unless the fire extinguisher meets any condition 
specified in paragraph (i)(1), (i)(2), (i)(3), (i)(4), or (i)(5) of 
this AD.
    (1) The fire extinguisher is new.
    (2) The fire extinguisher has passed the inspection as specified 
in the instructions of Kidde Graviner Service Bulletin 26-080, 
Revision 1, dated July 27, 2011.
    (3) The fire extinguisher has been overhauled by Kidde Graviner 
or Hugen.
    (4) The fire extinguisher has been overhauled as specified in 
the instructions of Kidde Graviner SIL 01-10, dated July 29, 2010.
    (5) The fire extinguisher has been overhauled in accordance with 
Kidde Graviner Component Maintenance Manual with Illustrated Parts 
List 26-21-52, Automatic Extinguishers with Steel Containers Part 
Numbers 57133, 57135, 57145, and 57183 Series, Revision 17, dated 
June 13, 2012.

(j) Credit for Previous Actions

    This paragraph provides credit for the actions specified in 
paragraphs (g)(2)(iii) and (i)(5) of this AD, if those actions were 
performed before the effective date of this AD in accordance with 
the service information identified in paragraph (j)(1), (j)(2), 
(j)(3), or (j)(4) of this AD. These documents are not incorporated 
by reference in this AD.
    (1) Kidde Graviner Component Maintenance Manual with Illustrated 
Parts List 26-21-52, Automatic Extinguishers with Steel Containers 
Part Numbers 57133, 57135, 57145, and 57183 Series, Revision 13, 
dated August 9, 2010.
    (2) Kidde Graviner Component Maintenance Manual with Illustrated 
Parts List 26-21-52, Automatic Extinguishers with Steel Containers 
Part Numbers 57133, 57135, 57145, and 57183 Series, Revision 14, 
dated August 8, 2011.
    (3) Kidde Graviner Component Maintenance Manual with Illustrated 
Parts List 26-21-52, Automatic Extinguishers with Steel Containers 
Part Numbers 57133, 57135, 57145, and 57183 Series, Revision 15, 
dated January 16, 2012.
    (4) Kidde Graviner Component Maintenance Manual with Illustrated 
Parts List 26-21-52, Automatic Extinguishers with Steel Containers 
Part Numbers 57133, 57135, 57145, and 57183 Series, Revision 16, 
dated May 21, 2012.

(k) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
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. If sending information 
directly to the International Branch, send it to ATTN: Todd 
Thompson, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; telephone 425-227-1175; fax 425-227-1149. Information 
may be emailed to: 9-ANM-116-

[[Page 46190]]

[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.
    (2) Contacting the Manufacturer: For any requirement in this AD 
to obtain corrective actions from a manufacturer, the action must be 
accomplished using a method approved by the Manager, International 
Branch, ANM-116, Transport Airplane Directorate, FAA; or the 
European Aviation Safety Agency (EASA); or BAE Systems (Operations) 
Limited's EASA Design Organization Approval (DOA). If approved by 
the DOA, the approval must include the DOA-authorized signature.

(l) Related Information

    (1) Refer to Mandatory Continuing Airworthiness Information 
(MCAI) EASA Airworthiness Directive 2012-0127R1, dated September 10, 
2012, for related information. You may examine the MCAI on the 
Internet at http://www.regulations.gov by searching for and locating 
Docket No. FAA-2015-3139.
    (2) Service information identified in this AD that is not 
incorporated by reference is available at the addresses specified in 
paragraphs (m)(4), (m)(5), and (m)(6) of this AD.

(m) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference (IBR) of the service information listed 
in this paragraph under 5 U.S.C. 552(a) and 1 CFR part 51.
    (2) You must use this service information as applicable to do 
the actions required by this AD, unless this AD specifies otherwise.
    (i) BAE Systems (Operations) Limited Service Bulletin ATP-26-
016, dated October 4, 2011.
    (ii) Kidde Graviner Service Bulletin 26-080, Revision 1, dated 
July 27, 2011.
    (3) For BAE Systems (Operations) Limited service information 
identified in this AD, contact BAE Systems (Operations) Limited, 
Customer Information Department, Prestwick International Airport, 
Ayrshire, KA9 2RW, Scotland, United Kingdom; telephone +44 1292 
675207; fax +44 1292 675704; email [email protected]; 
Internet http://www.baesystems.com/Businesses/RegionalAircraft/index.htm.
    (4) For Kidde Graviner service information identified in this 
AD, contact Kidde Graviner Limited, Mathisen Way, Colnbrook, Slough, 
Berkshire, SL3 0HB, United Kingdom; Telephone: +44 (0)1753 683245, 
Fax: +44 (0)1753 685040.
    (5) 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.
    (6) You may view this service information that is incorporated 
by reference at the National Archives and Records Administration 
(NARA). For information on the availability of this material at 
NARA, call 202-741-6030, or go to: http://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued in Renton, Washington, on July 23, 2015.
Victor Wicklund,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-18710 Filed 8-3-15; 8:45 am]
 BILLING CODE 4910-13-P