[Federal Register Volume 87, Number 20 (Monday, January 31, 2022)]
[Rules and Regulations]
[Pages 4797-4800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01859]


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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; 
Amendment 39-21891; AD 2022-01-03]
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: Final rule.

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SUMMARY: The FAA is adopting 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 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 AD requires 
removing affected fire extinguishers from service. The FAA is issuing 
this AD to address the unsafe condition on these products.

[[Page 4798]]


DATES: This AD is effective March 7, 2022.
    The Director of the Federal Register approved the incorporation by 
reference of certain publications listed in this AD as of March 7, 
2022.

ADDRESSES: For Umlaut service information identified in this final 
rule, 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 material 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. It is also available 
in the AD docket at https://www.regulations.gov by searching for and 
locating Docket No. FAA-2021-0843.

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 final rule, the 
European Union Aviation Safety Agency (EASA) AD, any comments received, 
and other information. The address for Docket Operations is U.S. 
Department of Transportation, Docket Operations, M-30, West Building 
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, Washington, DC 
20590.

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:

Background

    The FAA issued a notice of proposed rulemaking (NPRM) to amend 14 
CFR part 39 by adding an AD that would apply to Umlaut Engineering GmbH 
(previously P3 Engineering GmbH) fire extinguisher part numbers (P/Ns) 
P3APP003010A and P3APP003010C with a manufacturing date of March 2019 
through July 2019 inclusive and with a serial number (S/N) listed in 
Appendix 1 of Umlaut Vendor Service Bulletin Doc. No. P3VSB000001, 
Issue C, dated December 13, 2019 (VSB P3VSB000001, Issue C), that may 
be installed on various model helicopters. The NPRM published in the 
Federal Register on October 8, 2021 (86 FR 56232). In the NPRM, the FAA 
proposed to require removing affected fire extinguishers from service 
and prohibit installing affected fire extinguishers on any aircraft.
    The NPRM was prompted by EASA AD 2020-0013, dated January 29, 2020 
(EASA AD 2020-0013), issued by EASA, which is the Technical Agent for 
the Member States of the European Union, 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-SWIDNIK 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 was identified in certain serial-numbered fire extinguisher 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 
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.

Discussion of Final Airworthiness Directive

Comments

    The FAA received comments from one commenter; Net Jets. Net Jets 
commented that there is a more recent revision of the service 
information. The following presents the comments received on the NPRM 
and the FAA's response to each comment.

Comment Regarding Updated Service Information

    Net Jets stated that VSB P3VSB000001, Issue C, which is cited in 
the applicability paragraph of the NPRM, has been revised to Umlaut 
Vendor Service Bulletin Doc. No. P3VSB000001, Issue D, dated September 
9, 2020 (VSB P3VSB000001, Issue D), and that it adds S/Ns.
    Although Net Jets did not request any changes to the NPRM, the FAA 
infers that Net Jets would like the FAA to update the required service 
information (VSB P3VSB000001, Issue C), which is required to use to 
identify an affected fire extinguisher as proposed in the applicability 
paragraph of the NPRM, to VSB P3VSB000001, Issue D. The FAA reviewed 
VSB P3VSB000001, Issue D, and while it updates certain information, 
there are no changes to the S/Ns identified in its Appendix 1. In light 
of this, the FAA has determined to allow the use of VSB P3VSB000001, 
Issue C, or VSB P3VSB000001, Issue D, in the applicability paragraph of 
this final rule.

Conclusion

    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 reviewed the relevant 
data, considered the comments received, and determined that air safety 
requires adopting this AD as proposed. Accordingly, the FAA is issuing 
this AD to address the unsafe condition on these products. Except for 
minor editorial changes, and any other changes described previously, 
this AD is adopted as proposed in the NPRM. None of the changes will 
increase the economic burden on any operator.

Related Service Information Under 1 CFR Part 51

    The FAA reviewed VSB P3VSB000001, Issue C, which 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, Issue C, also 
specifies procedures for removing, installing, and tracking affected 
P3HAFEX fire extinguishers.
    The FAA also reviewed VSB P3VSB000001, Issue D, which specifies the 
same procedures as VSB P3VSB000001, Issue C, except VSB

[[Page 4799]]

P3VSB000001, Issue D, updates Component Maintenance Manual (CMM) 
references and material information.
    This material 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.

Differences Between This AD and the EASA AD

    EASA AD 2020-0013 is issued against various model helicopters and 
defines an affected part, whereas this 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 AD because those model helicopters are not 
FAA type-certificated.

Costs of Compliance

    The FAA estimates that this 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 AD.
    Replacing a fire extinguisher takes about 0.25 work-hour and parts 
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 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

    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) Will not affect intrastate aviation in Alaska, and
    (3) 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 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:

2022-01-03 Umlaut Engineering GmbH (Previously P3 Engineering GmbH) 
HAFEX (Halon-Free) Hand-Held Fire Extinguishers: Amendment 39-21891; 
Docket No. FAA-2021-0843; Project Identifier MCAI-2020-00256-Q.

(a) Effective Date

    This airworthiness directive (AD) is effective March 7, 2022.

(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, or Umlaut Vendor Service Bulletin Doc. No. 
P3VSB000001, Issue D, dated September 9, 2020. 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.

(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,

[[Page 4800]]

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) 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 at https://www.regulations.gov in Docket 
No. FAA-2021-0843.

(j) Material Incorporated by Reference

    (1) The Director of the Federal Register approved the 
incorporation by reference 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) Umlaut Vendor Service Bulletin Doc. No. P3VSB000001, Issue 
C, dated December 13, 2019.
    (ii) Umlaut Vendor Service Bulletin Doc. No. P3VSB000001, Issue 
D, dated September 9, 2020.
    (3) For Umlaut 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.
    (4) 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.
    (5) You may view this material that is incorporated by reference 
at the National Archives and Records Administration (NARA). For 
information on the availability of this material at NARA, email 
[email protected], or go to: https://www.archives.gov/federal-register/cfr/ibr-locations.html.

    Issued on December 21, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2022-01859 Filed 1-28-22; 8:45 am]
BILLING CODE 4910-13-P