[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: Samuel.Belete@faa.gov.

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: Samuel.Belete@faa.gov.
    (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


