Airworthiness Directives; Kidde Aerospace & Defense

Published date30 March 2020
Citation85 FR 17507
Record Number2020-06502
SectionProposed rules
CourtFederal Aviation Administration
Federal Register, Volume 85 Issue 61 (Monday, March 30, 2020)
[Federal Register Volume 85, Number 61 (Monday, March 30, 2020)]
                [Proposed Rules]
                [Pages 17507-17509]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-06502]
                ========================================================================
                Proposed Rules
                 Federal Register
                ________________________________________________________________________
                This section of the FEDERAL REGISTER contains notices to the public of
                the proposed issuance of rules and regulations. The purpose of these
                notices is to give interested persons an opportunity to participate in
                the rule making prior to the adoption of the final rules.
                ========================================================================
                Federal Register / Vol. 85, No. 61 / Monday, March 30, 2020 /
                Proposed Rules
                [[Page 17507]]
                DEPARTMENT OF TRANSPORTATION
                Federal Aviation Administration
                14 CFR Part 39
                [Docket No. FAA-2020-0209; Product Identifier 2020-NM-004-AD]
                RIN 2120-AA64
                Airworthiness Directives; Kidde Aerospace & Defense
                AGENCY: Federal Aviation Administration (FAA), DOT.
                ACTION: Notice of proposed rulemaking (NPRM).
                -----------------------------------------------------------------------
                SUMMARY: The FAA proposes to adopt a new airworthiness directive (AD)
                for Kidde Aerospace & Defense cargo fire extinguisher halon bottles
                installed on various transport category airplanes. This proposed AD was
                prompted by a report indicating that certain cargo fire extinguisher
                halon bottles installed in the cargo compartment had low charge
                pressure. This proposed AD would require an inspection to determine the
                part number and serial number of the cargo fire extinguisher halon
                bottles and replacement of affected parts with serviceable parts. 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 May 14,
                2020.
                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 above between 9
                a.m. and 5 p.m., Monday through Friday, except Federal holidays.
                 For Boeing service information identified in this NPRM, contact
                Boeing Commercial Airplanes, Attention: Contractual & Data Services
                (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA 90740-5600;
                telephone 562-797-1717; internet https://www.myboeingfleet.com. For
                Kidde Aerospace & Defense service information identified in this NPRM
                contact Kidde Aerospace & Defense, 4200 Airport Drive NW, Building B,
                Wilson, NC 27896-8630; telephone 319-295-5000; http://www.Kiddetechnologies.com/aviation. You may view this service
                information at the FAA, Transport Standards Branch, 2200 South 216th
                St., Des Moines, WA. For information on the availability of this
                material at the FAA, call 206-231-3195.
                Examining the AD Docket
                 You may examine the AD docket on the internet at https://www.regulations.gov by searching for and locating Docket No. FAA-2020-
                0209; 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 regulatory evaluation, any comments received, and other
                information. The street address for Docket Operations is listed above.
                Comments will be available in the AD docket shortly after receipt.
                FOR FURTHER INFORMATION CONTACT: Samuel Belete, Aerospace Engineer,
                Systems and Equipment Section, FAA, Atlanta ACO Branch, 1701 Columbia
                Avenue, College Park, GA 30337; phone: 404-474-5580; fax: 404-474-5606;
                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 the ADDRESSES section. Include ``Docket No. FAA-2020-0209;
                Product Identifier 2020-NM-004-AD'' at the beginning of your comments.
                The FAA specifically invites comments on the overall regulatory,
                economic, environmental, and energy aspects of this NPRM. The FAA will
                consider all comments received by the closing date and may amend this
                NPRM because of those comments.
                 The FAA will post all comments received, without change, to https://www.regulations.gov, including any personal information you provide.
                The FAA will also post a report summarizing each substantive verbal
                contact received about this NPRM.
                Discussion
                 The FAA has received a report indicating that certain cargo fire
                extinguisher halon bottles installed in the cargo compartment had low
                charge pressure. An investigation revealed that a procedural change at
                the manufacturer of the cargo fire extinguisher halon bottles resulted
                in cargo fire extinguisher halon bottles being produced with lower than
                required pressure. Indication of the low bottle pressure may not occur
                until the bottles have been agitated from in-service use and a warning
                is displayed in the flight deck. Low charge pressure of a cargo fire
                extinguisher halon bottle installed in the cargo compartment, if not
                addressed, could result in insufficient halon concentrations to
                extinguish a fire in the cargo compartment.
                Related Service Information Under 1 CFR Part 51
                 The FAA reviewed the following Boeing Alert Requirements Bulletins.
                This service information describes procedures for an inspection to
                determine the serial number of the cargo fire extinguisher halon bottle
                having a certain part number and replacing affected parts with
                serviceable parts. These documents are distinct since they apply to
                different airplane models.
                 Alert Requirements Bulletin 737-26A1150 RB, dated
                September 27, 2019.
                 Alert Requirements Bulletin 737-26A1151 RB, dated
                September 27, 2019.
                 The FAA reviewed the following Kidde Aerospace & Defense service
                information. This service information describes, among other actions,
                procedures for replacing affected fire extinguishers (referred to as
                ``cargo fire extinguisher halon bottles'' in this proposed AD) with
                serviceable parts. These documents are distinct since they apply to
                different airplane models.
                 Service Bulletin 473919-26-521, Rev 02, dated November 7,
                2019.
                 Service Bulletin 473957-26-518, Rev 02, dated November 4,
                2019.
                 This service information is reasonably available because the
                interested parties have access to it through their normal
                [[Page 17508]]
                course of business or by the means identified in the ADDRESSES section.
                FAA's Determination
                 We are proposing this AD because we evaluated all the relevant
                information and determined the unsafe condition described previously is
                likely to exist or develop in other products of the same type design.
                Proposed AD Requirements
                 This proposed AD would require accomplishing the actions specified
                in the service information described previously, except as discussed
                under ``Differences Between this Proposed AD and the Service
                Information.'' For information on the procedures, see this service
                information at https://www.regulations.gov by searching for and
                locating Docket No. FAA-2020-0209.
                Differences Between This Proposed AD and the Service Information
                 The Kidde Aerospace & Defense service information specifies a
                compliance time of 12 months to accomplish the replacement. The Boeing
                service information specifies a compliance time of 24 months to
                accomplish the replacement. In developing an appropriate compliance
                time for this action, we considered the urgency associated with the
                subject unsafe condition, the availability of required parts, and the
                practical aspect of accomplishing the required replacement within a
                period of time that corresponds to the normal scheduled maintenance for
                most affected operators. In light of these items, we have determined
                that a 24-month compliance time is appropriate.
                Costs of Compliance
                 We estimate that this proposed AD affects 3,308 appliances
                installed on, but not limited to, the transport category airplanes
                identified in paragraphs (c)(2)(i) through (vii) of this AD. We
                estimate the following costs to comply with this proposed AD:
                 Estimated Costs
                ----------------------------------------------------------------------------------------------------------------
                 Cost per Cost on U.S.
                 Action Labor cost Parts cost product operators
                ----------------------------------------------------------------------------------------------------------------
                Inspection.......................... 2 work-hour x $85 per $0 $170 $562,360
                 hour = $170.
                ----------------------------------------------------------------------------------------------------------------
                 We estimate the following costs to do any necessary replacements
                that would be required based on the results of the proposed inspection.
                We have no way of determining the number of aircraft that might need
                replacements:
                 On-Condition Costs
                ----------------------------------------------------------------------------------------------------------------
                 Cost per
                 Action Labor cost Parts cost product
                ----------------------------------------------------------------------------------------------------------------
                Replacement.................................. 4 work-hours x $85 per hour = $25,305 $25,645
                 $340.
                ----------------------------------------------------------------------------------------------------------------
                 According to the cargo fire extinguisher halon bottles
                manufacturer, some or all of the costs of this proposed AD may be
                covered under warranty, thereby reducing the cost impact on affected
                individuals. We do not control warranty coverage for affected
                individuals. As a result, we have included all known costs in our 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.
                 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) 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 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):
                Transport Category Airplanes: Docket No. FAA-2020-0209; Product
                Identifier 2020-NM-004-AD.
                (a) Comments Due Date
                 We must receive comments by May 14, 2020.
                (b) Affected ADs
                 None.
                (c) Applicability
                 (1) This AD applies to the Kidde Aerospace & Defense cargo fire
                extinguisher halon bottles having part numbers and serial numbers
                identified in Table 1 of the service
                [[Page 17509]]
                information identified in paragraphs (c)(1)(i) and (ii) of this AD.
                 (i) Kidde Aerospace & Defense Service Bulletin 473957-26-518,
                Rev 02, dated November 4, 2019
                 (ii) Kidde Aerospace & Defense Service Bulletin 473919-26-521,
                Rev 02, dated November 7, 2019.
                 (2) These affected cargo fire extinguisher halon bottles are
                installed on various transport category airplanes including, but not
                limited to, the airplanes identified in paragraphs (c)(2)(i) through
                (vii) of this AD, certificated in any category.
                 (i) Airbus Canada Limited Partnership (type certificate
                previously held by C Series Aircraft Limited Partnership (CSALP);
                Bombardier, Inc.) Model BD-500-1A10 and BD-500-1A11 airplanes.
                 (ii) Airbus SAS Model A330-200 and A330-300 series airplanes.
                 (iii) The Boeing Company Model DC-9-81 (MD-81) airplanes, and
                Model 737 series airplanes.
                 (iv) Bombardier, Inc., Model CL-600-2B19 (Regional Jet Series
                100 & 440) airplanes, Model CL-600-2C10 (Regional Jet Series 700,
                701 & 702) airplanes, and Model CL-600-2C11 (Regional Jet Series
                550) airplanes.
                 (v) De Havilland Aircraft of Canada Limited (type certificate
                previously held by Bombardier, Inc.) Model DHC-8-400 series
                airplanes.
                 (vi) Embraer S.A. Model ERJ 170-100 STD airplanes, and Model ERJ
                190-100 STD, -300, and -400 airplanes.
                 (vii) Saab AB, Saab Aeronautics (formerly known as Saab AB, Saab
                Aeronautics) Model SAAB 2000 airplanes.
                (d) Subject
                 Air Transport Association (ATA) of America Code 26, Fire
                protection.
                (e) Unsafe Condition
                 This AD was prompted by a report indicating that certain cargo
                fire extinguisher halon bottles had low charge pressure. Low charge
                pressure of a cargo fire extinguisher halon bottle installed in the
                cargo compartment, if not addressed, could result in insufficient
                halon concentrations to extinguish a fire in the cargo compartment.
                (f) Compliance
                 Comply with this AD within the compliance times specified,
                unless already done.
                (g) Definitions
                 For this AD, the definitions specified in paragraphs (g)(1)
                through (3) of this AD apply.
                 (1) Group 1: Boeing Model 737-8 and 737-9 airplanes, and Model
                737-700, 737-800, and 737-900ER series airplanes.
                 (2) Group 2: Transport category airplanes other than those
                identified as group 1.
                 (3) Affected part: A cargo fire extinguisher halon bottle,
                manufactured by Kidde Aerospace & Defense, having a part number and
                serial number that is identified in the service information
                identified in paragraphs (c)(1)(i) and (ii) of this AD.
                 Note 1 to paragraph (g)(3): The terms ``cargo fire extinguisher
                halon bottles'' and ``fire extinguishers'' are used interchangeably
                in this AD and the service information identified in paragraphs
                (c)(1)(i) and (ii) of this AD and in paragraphs (i)(1)(i) and (ii)
                of this AD.
                (h) Inspection
                 Within 24 months after the effective date of this AD, do an
                inspection to determine the part number and serial number of the
                cargo fire extinguisher halon bottles installed in the cargo
                compartment. A review of maintenance records can be done in lieu of
                the inspection provided the part number and serial number of the
                cargo fire extinguisher halon bottles can be conclusively determined
                from that review.
                (i) Replacement
                 If, during the inspection or records review required by
                paragraph (h) of this AD, it is determined that an affected part, as
                identified in paragraph (g)(3) of this AD, is installed, before
                further flight, replace the part with a serviceable part in
                accordance with the applicable service information identified in
                paragraph (i)(1) and (i)(2) of this AD.
                 (1) For group 1 airplanes as identified in paragraph (g)(1) of
                this AD: The Accomplishment Instructions of the service information
                identified in paragraph (c)(1)(i) of this AD, or the service
                information identified in paragraph (i)(1)(i) or (ii) of this AD, as
                applicable.
                 (i) Boeing Alert Requirements Bulletin 737-26A1150 RB, dated
                September 27, 2019.
                 (ii) Boeing Alert Requirements Bulletin 737-26A1151 RB, dated
                September 27, 2019.
                 (2) For group 2 airplanes as identified in paragraph (g)(2) of
                this AD: The Accomplishment Instructions of the service information
                identified in paragraph (c)(1)(i) or (ii) of this AD, as applicable.
                (j) Parts Installation Limitation
                 As of the effective date of this AD, no person may install on
                any airplane an affected part as identified in paragraph (g)(3) of
                this AD unless that part has a circled letter ``G'' stamped at a
                distance of approximately one inch from the left edge of the
                placard, indicating that the cargo fire extinguisher halon bottle
                has been tested and refilled.
                (k) Special Flight Permit
                 If low pressure is detected or a warning is displayed in the
                flight deck, special flight permits may be issued in accordance with
                14 CFR 21.197 and 21.199 to operate the airplane to a location where
                the cargo fire extinguisher halon bottles can be replaced or
                modified.
                (l) Alternative Methods of Compliance (AMOCs)
                 (1) The Manager, Atlanta ACO 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 certification office, send it to the attention of the
                person identified in paragraph (m)(1) of this AD.
                 (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.
                 (3) For service information that contains steps that are labeled
                as Required for Compliance (RC), the provisions of paragraphs
                (l)(3)(i) and (ii) of this AD apply.
                 (i) The steps labeled as RC, including substeps under an RC step
                and any figures identified in an RC step, must be done to comply
                with the AD. If a step or substep is labeled ``RC Exempt,'' then the
                RC requirement is removed from that step or substep. An AMOC is
                required for any deviations to RC steps, including substeps and
                identified figures.
                 (ii) Steps not labeled as RC may be deviated from using accepted
                methods in accordance with the operator's maintenance or inspection
                program without obtaining approval of an AMOC, provided the RC
                steps, including substeps and identified figures, can still be done
                as specified, and the airplane can be put back in an airworthy
                condition.
                (m) Related Information
                 (1) For more information about this AD, contact Samuel Belete,
                Aerospace Engineer, Systems and Equipment Section, FAA, Atlanta ACO
                Branch, 1701 Columbia Avenue, College Park, GA 30337; phone: 404-
                474-5580; fax: 404-474-5606; email: [email protected].
                 (2) For Boeing service information identified in this AD,
                contact Boeing Commercial Airplanes, Attention: Contractual & Data
                Services (C&DS), 2600 Westminster Blvd., MC 110-SK57, Seal Beach, CA
                90740-5600; telephone 562-797-1717; internet https://www.myboeingfleet.com. For Kidde Aerospace & Defense service
                information identified in this AD, contact Kidde Aerospace &
                Defense, 4200 Airport Drive NW, Building B, Wilson, NC 27896-8630;
                telephone 319-295-5000; http://www.Kiddetechnologies.com/aviation.
                You may view this service information at the FAA, Transport
                Standards Branch, 2200 South 216th St., Des Moines, WA. For
                information on the availability of this material at the FAA, call
                206-231-3195.
                 Issued on March 23, 2020.
                Lance T. Gant,
                Director, Compliance & Airworthiness Division, Aircraft Certification
                Service.
                [FR Doc. 2020-06502 Filed 3-27-20; 8:45 am]
                 BILLING CODE 4910-13-P
                

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