[Federal Register Volume 76, Number 106 (Thursday, June 2, 2011)]
[Rules and Regulations]
[Pages 31798-31800]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13635]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0506; Directorate Identifier 2010-SW-020-AD;
Amendment 39-16703; AD 2011-11-04]
RIN 2120-AA64
Airworthiness Directives; L'Hotellier Portable Halon 1211 Fire
Extinguishers
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment adopts a new airworthiness directive (AD) for
the specified fire extinguishers. This action requires replacing each
unairworthy portable fire extinguisher with an airworthy portable fire
extinguisher. This amendment is prompted by an ongoing investigation
that has established that unapproved Halon 1211 has been used to fill
L'Hotellier portable fire extinguishers that are likely to be onboard
various model helicopters. The actions specified in this AD are
intended to prevent using contaminated gas that may reduce fire
suppression and release toxic fumes that would endanger the safety of
the helicopter and its occupants.
DATES: Effective June 17, 2011.
Comments for inclusion in the Rules Docket must be received on or
before August 1, 2011.
ADDRESSES: Use one of the following addresses to submit comments on
this AD:
Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
[[Page 31799]]
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 20590, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
You may get the service information identified in this AD from
L'HOTELLIER, 4 rue Henri Poincare, 92167 ANTONY Cedex, France,
telephone +33(0)1 55 59 09 65, fax +33(0)1 46 66 71, E-mail
[email protected].
Examining the Docket: You may examine the docket that contains the
AD, any comments, and other information on the Internet at http://www.regulations.gov, or in person at the Docket Operations office
between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays. The Docket Operations office (telephone (800) 647-5527) is
located in Room W12-140 on the ground floor of the West Building at the
street address stated in the ADDRESSES section. Comments will be
available in the AD docket shortly after receipt.
FOR FURTHER INFORMATION CONTACT: DOT/FAA Southwest Region, J. R.
Holton, Jr., ASW-112, Aviation Safety Engineer, Rotorcraft Directorate,
Safety Management Group, 2601 Meacham Blvd., Fort Worth, Texas 76137,
telephone (817) 222-4964, fax (817) 222-5961.
SUPPLEMENTARY INFORMATION:
Discussion
This amendment adopts a new AD for the specified fire extinguisher.
This action requires replacing each portable fire extinguisher
containing unapproved, contaminated Halon 1211 with a portable fire
extinguisher containing approved Halon 1211. This amendment is prompted
by an ongoing investigation that has established that unapproved Halon
1211 has been used to fill L'Hotellier portable fire extinguishers that
are likely to be onboard various model helicopters. This condition, if
not corrected, may reduce fire suppression and release toxic fumes that
would endanger the safety of the helicopter and its occupants.
The European Aviation Safety Agency (EASA), which is the Technical
Agent for the Member States of the European Community, has issued EASA
AD No. 2009-0277R1, dated February 5, 2010, to correct an unsafe
condition for L'Hotellier portable fire extinguishers, part number (P/
N) 863520-00. EASA reports that the Civil Aviation Authority of the
United Kingdom (UK) has informed them that significant quantities of
Halon 1211 gas, determined to be outside the required specification,
have been supplied to the aviation industry for use in fire
extinguishers. Halon 1211 is used in portable fire extinguishers,
usually fitted or stowed in aircraft passenger cabins and flight decks.
An ongoing investigation has established that LyonTech Engineering Ltd,
a UK-based company, has supplied unapproved Halon 1211 to L'Hotellier.
This Halon 1211 has subsequently been used to fill certain portable
fire extinguishers that are likely to be installed in or carried on
various model helicopters including Eurocopter France Model EC120B;
AS350B, BA, B1, B2, B3, and D; AS355E, F, F1, N, and NP; and SA341G and
342J helicopters, with a portable fire extinguisher, P/N 863520-00,
with a serial-number listed in the L'Hotellier service information.
Related Service Information
L'Hotellier has issued Service Bulletin 863520-26-001, dated
December 21, 2009 (SB). The SB specifies returning each affected
serial-numbered fire extinguisher to L'Hotellier. The SB also specifies
that if a label containing, among other information, ``Application of
SBA 863520-26-001'' is installed on a fire extinguisher, indicating
that it has been reconditioned with pure Halon 1211 according to
L'Hotellier internal procedure ITR70030-00, that reconditioned or new
fire extinguisher can be placed in the helicopter. EASA classified this
SB as mandatory and issued EASA AD No. 2009-0277R1, dated February 5,
2010, to ensure the continued airworthiness of these helicopters.
FAA's Evaluation and Unsafe Condition Determination
These products have been approved by the aviation authority of
France and are approved for operation in the United States. Pursuant to
our bilateral agreement with France, EASA, their technical
representative, has notified us of the unsafe condition described in
the MCAI AD. We are issuing this AD because we evaluated all
information provided by EASA and determined the unsafe condition exists
and is likely to exist or develop on other products of these same type
designs.
Differences Between This AD and the EASA AD
We require a 60-day compliance time because we have determined that
60 days will ensure an acceptable level of safety versus allowing a 6-
month compliance time. We have included the affected serial numbers of
the fire extinguishers in the AD rather than referring to the SB for
the serial numbers.
FAA's Determination and Requirements of This AD
This unsafe condition is likely to exist or develop on other
helicopters of these same type designs. Therefore, this AD is being
issued to replace unairworthy fire extinguishers with airworthy fire
extinguishers to prevent using contaminated gas that may reduce fire
suppression and release toxic fumes that would endanger the safety of
the helicopter and its occupants.
The short compliance time involved is required because the
previously described critical unsafe condition can adversely affect the
controllability and structural integrity of the helicopter in the event
of a fire. Therefore, replacing each unairworthy fire extinguisher with
an airworthy fire extinguisher is required within 60 days, and this AD
must be issued immediately.
Since a situation exists that requires the immediate adoption of
this regulation, it is found that notice and opportunity for prior
public comment hereon are impracticable, and that good cause exists for
making this amendment effective in less than 30 days.
Costs of Compliance
We estimate that this AD will affect about 1,000 helicopters. We
also estimate that it will take about 1work-hour per helicopter to
inspect and replace the fire extinguisher. The average labor rate is
$85 per work-hour. Required parts will cost about $212 to replace each
fire extinguisher. Based on these figures, we estimate the cost of this
AD on U.S. operators is $297,000, assuming the fire extinguishers are
replaced on the estimated fleet.
Comments Invited
This AD is a final rule that involves requirements that affect
flight safety and was not preceded by notice and an opportunity for
public comment; however, we invite you to submit any written data,
views, or arguments regarding this AD. Send your comments to an address
listed under ADDRESSES. Include ``Docket No. FAA-2011-0506; Directorate
Identifier 2010-SW-020-AD'' at the beginning of your comments. We
specifically invite comments on the
[[Page 31800]]
overall regulatory, economic, environmental, and energy aspects of the
AD. We will consider all comments received by the closing date and may
amend the AD in light of 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
with FAA personnel concerning this AD. Using the search function of the
docket Web site, you can find and read the comments to any of our
dockets, including the name of the individual who sent the comment. You
may review the DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78).
Regulatory Findings
We have 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 the 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); 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.
We prepared an economic evaluation of the estimated costs to comply
with this AD. See the AD docket to examine the economic evaluation.
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.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.
Adoption of the Amendment
Accordingly, pursuant to the authority delegated to me by the
Administrator, the Federal Aviation Administration amends part 39 of
the Federal Aviation Regulations (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. Section 39.13 is amended by adding a new airworthiness directive to
read as follows:
2011-11-04 L'Hotellier: Amendment 39-16703. Docket No. FAA-2011-
0506; Directorate Identifier 2010-SW-020-AD.
Applicability: Portable Halon 1211 fire extinguisher, part
number 863520-00, with a serial number listed in Table 1 of this AD,
installed on various model helicopters including Eurocopter France
Model EC120B; AS350B, BA, B1, B2, B3, and D; AS355E, F, F1, N, and
NP; and SA341G or 342J helicopters, certificated in any category,
except for a fire extinguisher that has a label containing a
reference to ``SBA 863520-26-001'' indicating that it has been
reconditioned with pure Halon 1211 according to L'Hotellier internal
procedure ITR70030-00.
Table 1
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Through S/N with a
From S/N with a prefix of ``RM'' prefix of ``RM'' Quantity
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69308.............................. 69355................. 48
69540.............................. 69599................. 60
69601.............................. 69674................. 74
69812.............................. 69867................. 56
69888.............................. 69952................. 65
70177.............................. 70271................. 95
70273.............................. 70302................. 30
70457.............................. 70555................. 99
70734.............................. 70752................. 19
70860.............................. 70883................. 24
70959.............................. 71034................. 76
71034.............................. 71185................. 152
71355.............................. 71385................. 31
71581.............................. 71619................. 39
71652.............................. 71690................. 39
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Compliance: Required as indicated, unless accomplished
previously.
The actions specified in this AD are intended to prevent using
contaminated gas that may reduce fire suppression and release toxic
fumes that would endanger the safety of the helicopter and its
occupants.
(a) Within 60 days, replace each unairworthy fire extinguisher
with an airworthy fire extinguisher.
Note 1: L'Hotellier Service Bulletin 863520-26-001, dated
December 21, 2009, contains information that relates to the subject
of this AD.
(b) To request a different method of compliance or a different
compliance time for this AD, follow the procedures in 14 CFR 39.19.
Contact the Manager, Safety Management Group, ATTN: DOT/FAA
Southwest Region, J.R. Holton, Jr., ASW-112, Aviation Safety
Engineer, Rotorcraft Directorate, Safety Management Group, 2601
Meacham Blvd., Fort Worth, Texas 76137, telephone (817) 222-4964,
fax (817) 222-5961, for information about previously approved
alternative methods of compliance. deactivated.
(c) The Joint Aircraft System/Component (JASC) Code is 2622:
Fire Bottle, Portable.
(d) This amendment becomes effective on June 17, 2011.
Note 2: The subject of this AD is addressed in European
Aviation Safety Agency AD No. 2009-0277R1, dated February 5, 2010.
Issued in Fort Worth, Texas, on May 11, 2011.
Kim Smith,
Manager, Rotorcraft Directorate, Aircraft Certification Service.
[FR Doc. 2011-13635 Filed 6-1-11; 8:45 am]
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