[Federal Register Volume 86, Number 193 (Friday, October 8, 2021)]
[Proposed Rules]
[Pages 56232-56234]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-21952]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0843; Project Identifier MCAI-2020-00256-Q]
RIN 2120-AA64


Airworthiness Directives; Umlaut Engineering GmbH (Previously P3 
Engineering GmbH) HAFEX (Halon-Free) Hand-Held Fire Extinguishers

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD) 
for certain Umlaut Engineering GmbH (previously P3 Engineering GmbH) 
HAFEX (Halon-free) hand-held P3HAFEX fire extinguishers (fire 
extinguishers). This proposed AD was prompted by reports of a quality 
control issue on certain fire extinguishers, where the spindle 
geometries of the fire extinguishers were found to be out of tolerance. 
This proposed AD would require removing affected fire extinguishers 
from service. The FAA is proposing this AD to address the unsafe 
condition on these products.

DATES: The FAA must receive comments on this proposed AD by November 
22, 2021.

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 https://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: Deliver to Mail address between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Umlaut 
Engineering, Blohmstrasse 12, Hamburg, Germany 21079, Phone: 49 0 40 75 
25 779 0, email: [email protected], or web: https://www.umlaut.com/hafex. You may view this service information at the FAA, Office of the 
Regional Counsel, Southwest Region, 10101 Hillwood Pkwy., Room 6N-321, 
Fort Worth, TX 76177. For information on the availability of this 
material at the FAA, call (817) 222-5110.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0843; or in person at 
Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. The AD docket contains this NPRM, the European 
Union Aviation Safety Agency (EASA) AD, any comments received, and 
other information. The street address for Docket Operations is listed 
above.

FOR FURTHER INFORMATION CONTACT: Andrea Jimenez, Aerospace Engineer, 
COS Program Management Section, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 
11590; telephone (516) 228-7330; email [email protected].

SUPPLEMENTARY INFORMATION:

Comments Invited

    The FAA invites you to send any written relevant data, views, or 
arguments about this proposal. Send your comments to an address listed 
under ADDRESSES. Include ``Docket No. FAA-2021-0843; Project Identifier 
MCAI-2020-00256-Q'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. The FAA 
will consider all comments received by the closing date and may amend 
this proposal because of those comments.
    Except for Confidential Business Information (CBI) as described in 
the following paragraph, and other information as described in 14 CFR 
11.35, the FAA will post all comments received, without change, to 
https://www.regulations.gov, including any personal information you 
provide. The agency will also post a report summarizing each 
substantive verbal contact received about this NPRM.

Confidential Business Information

    CBI is commercial or financial information that is both customarily 
and actually treated as private by its owner. Under the Freedom of 
Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public 
disclosure. If your comments responsive to this NPRM contain commercial 
or financial information that is customarily treated as private, that 
you actually treat as private, and that is relevant or responsive to 
this NPRM, it is important that you clearly designate the submitted 
comments as CBI. Please mark each page of your submission containing 
CBI as ``PROPIN.'' The FAA will treat such marked submissions as 
confidential under the FOIA, and they will not be placed in the public 
docket of this NPRM. Submissions containing CBI should be sent to 
Andrea Jimenez, Aerospace Engineer, COS Program Management Section, 
Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email [email protected]. Any commentary that the FAA 
receives which is not specifically designated as CBI will be placed in 
the public docket for this rulemaking.

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued EASA AD 2020-0013, dated January 29, 2020 
(EASA AD 2020-0013), to correct an unsafe condition for Airbus 
Helicopters Model AS 332 C, C1, L, L1, and L2, AS 365 N2 and N3, EC 155 
B and B1, EC 175 B, EC 225 LP, SA 330 J, and SA 365 C1, C2, C3, N, and 
N1 helicopters; Airbus Helicopters Deutschland GmbH Model EC135 P1, P2, 
P2+, P3, T1, T2, T2+, and T3, EC635 P2+, P3, T1, T2+, and T3, and MBB-
BK117 A-1, A-3, A-4, B-1, B-2, C-1, C-2, and D-2 helicopters; Leonardo 
S.p.A. Model AB139, AB 204B, AB 205 A-1, AB 212, AB 412, AB 412EP, AS-
61N, AS-61N1, AW139, AW169, and AW189 helicopters; and WSK PZL--
[Sacute]WIDNIK S.A. Model PZL W-3A and PZL W-3AS helicopters. EASA 
advises of occurrences that have been reported of a quality issue on 
certain fire extinguishers, manufactured by Umlaut Engineering GmbH 
(formerly P3 Engineering GmbH), where the spindle geometries of the 
extinguishers were found to be out of tolerance. The manufacturing 
defect identified in certain serial-numbered fire extinguisher part 
numbers (P/Ns) P3APP003010A and P3APP003010C with a manufacturing date 
of March 2019 through July 2019 inclusive, where prolonged exposure (12 
hours or more) to high temperature conditions of more than 68 [deg]C 
(154.4 [deg]F) could cause a non-detectable seizure of the spindle that 
could cause the fire extinguisher to be inoperative. This condition, if 
not

[[Page 56233]]

addressed, could prevent proper extinguishing of a fire in the cabin, 
possibly resulting in damage to the helicopter and injury to the 
occupants.
    Accordingly, EASA AD 2020-0013 requires replacing affected fire 
extinguishers and prohibits installing an affected fire extinguisher on 
any helicopter.

FAA's Determination

    These products have been approved by EASA and are approved for 
operation in the United States. Pursuant to the FAA's bilateral 
agreement with the European Union, EASA has notified the FAA about the 
unsafe condition described in its AD. The FAA is proposing this AD 
after evaluating all known relevant information and determining that 
the unsafe condition described previously is likely to exist or develop 
on other products.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed Umlaut Vendor Service Bulletin Doc. No. 
P3VSB000001, Issue C, dated December 13, 2019 (VSB P3VSB000001). This 
service information specifies procedures for identifying P3HAFEX fire 
extinguisher P/Ns P3APP003010A and P3APP003010C, with a date of 
manufacture between March 2019 through July 2019, and an S/N listed in 
its Appendix 1, to determine if the fire extinguisher should be 
replaced. VSB P3VSB000001 also specifies procedures for removing, 
installing, and tracking affected P3HAFEX 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.

Proposed AD Requirements in This NPRM

    This proposed AD would require removing affected fire extinguishers 
from service and prohibit installing affected fire extinguishers on any 
aircraft.

Differences Between This Proposed AD and the EASA AD

    EASA AD 2020-0013 is issued against various model helicopters and 
defines an affected part, whereas this proposed AD is an appliance AD 
action against affected fire extinguishers because the unsafe condition 
exists in the appliance itself and not in the installation of the 
appliance on certain aircraft. EASA AD 2020-0013 identifies some 
helicopter models that are affected by this unsafe condition that are 
not identified as possibly affected in this proposed AD because those 
model helicopters are not FAA type-certificated.

Costs of Compliance

    The FAA estimates that this proposed AD affects 762 helicopters of 
U.S. Registry. Labor rates are estimated at $85 per work-hour. Based on 
these numbers, the FAA estimates that operators may incur the following 
costs in order to comply with this proposed AD.
    Replacing a fire extinguisher would take about 0.25 work-hour and 
parts would cost about $1,200 for an estimated cost of $1,221 per fire 
extinguisher.
    According to Umlaut Engineering GmbH service information, some of 
the costs of this proposed AD may be covered under warranty, thereby 
reducing the cost impact on affected individuals. The FAA does not 
control warranty coverage by Umlaut Engineering GmbH; accordingly, all 
costs are included in this cost estimate.

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.
    The FAA is 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

    The FAA 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, I certify this proposed regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Would not affect intrastate aviation in Alaska, and
    (3) Would 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:

Umlaut Engineering GmbH (previously P3 Engineering GmbH) HAFEX 
(Halon-free) Hand-Held Fire Extinguishers: Docket No. FAA-2021-0843; 
Project Identifier MCAI-2020-00256-Q.

(a) Comments Due Date

    The FAA must receive comments on this airworthiness directive 
(AD) by November 22, 2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Umlaut Engineering GmbH (previously P3 
Engineering GmbH) HAFEX (Halon-free) hand-held P3HAFEX fire 
extinguisher (fire extinguisher) part numbers P3APP003010A and 
P3APP003010C with a manufacturing date of March 2019 through July 
2019 inclusive and with a serial number listed in Appendix 1 of 
Umlaut Vendor Service Bulletin Doc. No. P3VSB000001, Issue C, dated 
December, 13, 2019. These fire extinguishers may be installed on but 
not limited to the following aircraft certificated in any category:
    (1) Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1, 
AS332L2, AS-365N2, AS 365 N3, EC 155B, EC155B1, EC225LP, SA330J, SA-
365C1, SA-365C2, SA-365N, and SA-365N1 helicopters;
    (2) Airbus Helicopters Deutschland GmbH (AHD) Model EC135P1, 
EC135P2, EC135P2+, EC135P3, EC135T1, EC135T2, EC135T2+, EC135T3, 
MBB-BK117 A-1, MBB-BK117 A-3, MBB-BK117 A-4, MBB-BK117 B-1, MBB-
BK117 B-2, MBB-BK117 C-1, MBB-BK117 C-2, and MBB-BK117 D-2 
helicopters;
    (3) Leonardo S.p.a. Model AB139, AB412, AB412 EP, AW139, AW169, 
and AW189 helicopters; and
    (4) PZL Swidnik S.A Model PZL W-3A helicopters.

[[Page 56234]]

(d) Subject

    Joint Aircraft Service Component (JASC) Code: 2622, Fire Bottle, 
Portable.

(e) Unsafe Condition

    This AD defines the unsafe condition as a non-conforming fire 
extinguisher, which could prevent proper extinguishing of a fire in 
the cabin, and result in subsequent damage to the helicopter and 
injury to the occupants.

(f) Compliance

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

(g) Required Actions

    (1) Within 12 months after the effective date of this AD, remove 
each fire extinguisher identified in the introductory text of 
paragraph (c) from service.
    (2) As of the effective date of this AD, do not install a fire 
extinguisher identified in the introductory text of paragraph (c) of 
this AD on any aircraft.

(h) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, International Validation Branch, 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 manager of the International Validation Branch, send 
it to the attention of the person identified in paragraph (i)(1) of 
this AD. Information may be emailed to: [email protected].
    (2) 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.

(i) Related Information

    (1) For more information about this AD, contact Andrea Jimenez, 
Aerospace Engineer, COS Program Management Section, Operational 
Safety Branch, Compliance & Airworthiness Division, FAA, 1600 
Stewart Ave., Suite 410, Westbury, NY 11590; telephone (516) 228-
7330; email [email protected].
    (2) For service information identified in this AD, contact 
Umlaut Engineering, Blohmstrasse 12, Hamburg, Germany 21079, Phone: 
49 0 40 75 25 779 0, email: [email protected], or web: https://www.umlaut.com/hafex. You may view this referenced service 
information at the FAA, Office of the Regional Counsel, Southwest 
Region, 10101 Hillwood Pkwy., Room 6N-321, Fort Worth, TX 76177. For 
information on the availability of this material at the FAA, call 
(817) 222-5110.
    (3) The subject of this AD is addressed in European Union 
Aviation Safety Agency (EASA) AD 2020-0013, dated January 29, 2020. 
You may view the EASA AD on the internet at https://www.regulations.gov in Docket No. FAA-2021-0843.

    Issued on September 30, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-21952 Filed 10-7-21; 8:45 am]
BILLING CODE 4910-13-P