[Federal Register Volume 86, Number 210 (Wednesday, November 3, 2021)]
[Rules and Regulations]
[Pages 60557-60560]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-24008]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2021-0882; Project Identifier MCAI-2021-00929-Q; 
Amendment 39-21780; AD 2021-22-07]
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; request for comments.

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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 fire extinguishers (fire extinguishers).This AD 
was prompted by a report of a safety issue on certain fire 
extinguishers, where certain environmental factors may prohibit the 
discharge of the fire extinguisher. This AD requires repetitively 
inspecting the fire extinguisher, and depending on the results, 
removing the fire extinguisher from service. This AD also prohibits 
installing an affected fire extinguisher unless it passes the required 
inspections. The FAA is issuing this AD to address the unsafe condition 
on these products.

DATES: This AD becomes effective November 18, 2021.
    The Director of the Federal Register approved the incorporation by 
reference of a certain document listed in this AD as of November 18, 
2021.
    The FAA must receive comments on this AD by December 20, 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 above between 9 
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this final rule, contact 
Umlaut Engineering GmbH, Blohmstrasse 12, 21079 Hamburg, Germany; 
telephone: +49 (0) 551-19240; 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. Service information 
that is incorporated by reference is also available at https://www.regulations.gov by searching for and locating Docket No. FAA-2021-
0882.

Examining the AD Docket

    You may examine the AD docket at https://www.regulations.gov by 
searching for and locating Docket No. FAA-2021-0882; 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, 
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: Hal Jensen, Aerospace Engineer, 
Operational Safety Branch, Compliance & Airworthiness Division, FAA, 
950 L'Enfant Plaza N SW, Washington, DC 20024; telephone (202) 267-
9167; email [email protected].

SUPPLEMENTARY INFORMATION:

Background

    EASA, which is the Technical Agent for the Member States of the 
European Union, has issued a series of ADs, the most recent being EASA 
AD 2021-0185R1, dated August 11, 2021 (EASA AD 2021-0185R1), to correct 
an unsafe condition for Umlaut Engineering GmbH, formerly P3 
Engineering GmbH, fire extinguishers, having part number (P/N) 
P3APP003010A, P/N P3APP003010B, or P/N P3APP003010C. EASA advises of a 
safety issue that has been reported on the affected fire extinguishers 
where certain environmental conditions may prohibit discharge of the 
fire extinguisher. An investigation has determined that prolonged 
exposure to high temperature conditions can dislodge the spindle in the 
fire extinguisher head, subsequently making the fire extinguisher 
inoperative. This condition, if not addressed, could prevent proper 
extinguishing of a fire in the cabin or cockpit, possibly resulting in 
damage to the aircraft and injury to the occupants.
    Initially, EASA issued EASA AD 2021-0185, dated August 5, 2021 
(EASA AD 2021-0185), which required repetitive inspections of each 
affected

[[Page 60558]]

fire extinguisher, and, depending on findings, replacement with a 
serviceable part, as identified in EASA AD 2021-0185. EASA AD 2021-0185 
also required inspection of an affected fire extinguisher prior to the 
return to service of an aircraft with an affected part installed if the 
aircraft had been parked or stored for a period of 30 days or more. 
EASA AD 2021-0185 also required inspection of an affected fire 
extinguisher prior to installation on any aircraft.
    EASA later issued EASA AD 2021-0185R1 to revise EASA AD 2021-0185. 
EASA AD 2021-0185R1 contains the same requirements, clarifies some 
nomenclature, removes the Group definitions and references, and adds 
Note 3 to clarify the parts prohibition.

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 (VSB) Doc. No. 
P3VSB000003, Issue C, dated August 3, 2021 (VSB P3VSB000003, Issue C). 
This service information specifies procedures for identifying affected 
fire extinguishers with P/N P3APP003010A, P3APP003010B, or 
P3APP003010C. VSB P3VSB000003, Issue C, also specifies procedures for 
inspecting and depending on the results, replacing affected 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.

Other Related Service Information

    The FAA also reviewed Umlaut VSB Doc. No. P3VSB000003, Issue A, 
dated May 10, 2021 (VSB P3VSB000003, Issue A), and Issue B, dated July 
14, 2021 (VSB P3VSB000003, Issue B). VSB P3VSB000003, Issue A, and VSB 
P3VSB000003, Issue B, specify the same procedures as VSB P3VSB000003, 
Issue C, except VSB P3VSB000003, Issue B updated the introductory 
information of the Accomplishment Instructions, revised the 
determination/evaluation of the aircraft/equipment history procedures, 
and clarified reporting procedures; and VSB P3VSB000003, Issue C, adds 
more in-depth inspection procedures.

AD Requirements

    This AD requires within 30 days after the effective date of this 
AD, and thereafter at intervals not to exceed 6 months, repetitively 
inspecting an affected fire extinguisher and depending on the results, 
removing the fire extinguisher from service. For an affected fire 
extinguisher that is installed on any aircraft that has not been in 
operation for 30 or more consecutive days, or if it cannot be 
determined how long an aircraft has not been in operation, this AD 
requires those actions before further flight and thereafter at 
intervals not to exceed 6 months. This AD also prohibits installing, as 
a replacement part or as an original installation, an affected fire 
extinguisher on any aircraft unless it passes the required inspections.

Differences Between This AD and the EASA AD

    If it cannot be determined how long an aircraft (with an affected 
fire extinguisher installed) has not been in operation, this AD 
requires inspecting each affected fire extinguisher before further 
flight, whereas EASA AD 2021-0185R1 does not.

Justification for Immediate Adoption and Determination of the Effective 
Date

    Section 553(b)(3)(B) of the Administrative Procedure Act (APA) (5 
U.S.C. 551 et seq.) authorizes agencies to dispense with notice and 
comment procedures for rules when the agency, for ``good cause,'' finds 
that those procedures are ``impracticable, unnecessary, or contrary to 
the public interest.'' Under this section, an agency, upon finding good 
cause, may issue a final rule without providing notice and seeking 
comment prior to issuance. Further, section 553(d) of the APA 
authorizes agencies to make rules effective in less than thirty days, 
upon a finding of good cause.
    An unsafe condition exists that requires the immediate adoption of 
this AD without providing an opportunity for public comments prior to 
adoption. The FAA has found that the risk to the flying public 
justifies foregoing notice and comment prior to adoption of this rule 
because the initial inspection of the fire extinguisher must be 
accomplished within 30 days after the effective date of this AD. 
Accordingly, notice and opportunity for prior public comment are 
impracticable and contrary to the public interest pursuant to 5 U.S.C. 
553(b)(3)(B).
    In addition, the FAA finds that good cause exists pursuant to 5 
U.S.C. 553(d) for making this amendment effective in less than 30 days, 
for the same reasons the FAA found good cause to forego notice and 
comment.

Comments Invited

    The FAA invites you to send any written data, views, or arguments 
about this final rule. Send your comments to an address listed under 
ADDRESSES. Include ``Docket No. FAA-2021-0882; Project Identifier MCAI-
2021-00929-Q'' at the beginning of your comments. The most helpful 
comments reference a specific portion of the final rule, 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 final rule 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 final rule.

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 AD 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 AD, 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 AD. Submissions containing CBI should be sent to Hal 
Jensen, Aerospace Engineer, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC 
20024; telephone (202) 267-9167; 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.

[[Page 60559]]

Regulatory Flexibility Act

    The requirements of the Regulatory Flexibility Act (RFA) do not 
apply when an agency finds good cause pursuant to 5 U.S.C. 553 to adopt 
a rule without prior notice and comment. Because the FAA has determined 
that it has good cause to adopt this rule without prior notice and 
comment, RFA analysis is not required.

Costs of Compliance

    The FAA estimates that this AD affects up to 2,850 fire 
extinguishers installed on aircraft of U.S. registry. Labor rates are 
estimated at $85 per work-hour. Based on these numbers, the FAA 
estimates the following costs to comply with this AD.
    Inspecting an affected fire extinguisher would take about 0.25 
work-hour for an estimated cost of $21 per fire extinguisher, and up to 
$59,850 for the U.S. fleet, per inspection cycle. Replacing an affected 
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.

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, I certify that this AD:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866, and
    (2) Will not affect intrastate aviation in Alaska.

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:

2021-22-07 Umlaut Engineering GmbH (previously P3 Engineering GmbH) 
HAFEX (Halon-free) Hand-Held Fire Extinguishers: Amendment 39-21780; 
Docket No. FAA-2021-0882; Project Identifier MCAI-2021-00929-Q.

(a) Effective Date

    This airworthiness directive (AD) is effective November 18, 
2021.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to Umlaut Engineering GmbH (previously P3 
Engineering GmbH) HAFEX (Halon-free) hand-held fire extinguisher 
(fire extinguisher) part numbers (P/Ns) P3APP003010A, P3APP003010B, 
and P3APP003010C. An affected fire extinguisher may be installed on, 
but not limited to, the following aircraft, certificated in any 
category:
    Note 1 to the introductory text of paragraph (c): According to 
Umlaut service information, the fire extinguisher P/N is on the RFID 
label located on the lever of the fire extinguisher.
    (1) Airbus SAS Model A318 series, A319 series, A320 series, A321 
series, A330-200 series, A330-200 freighter series, A330-300 series, 
A330-800 series, A330-900 series, A340-200 series, A340-300 series, 
A340-500 series, A340-600 series, and A350-941, AS350-1041, A380-
841, A380-842, and A380-861 airplanes;
    (2) Airbus Helicopters Model AS332C, AS332C1, AS332L, AS332L1, 
AS332L2, AS-365N2, AS 365 N3, EC 155B, EC155B1, EC225LP, SA330J, SA-
365C, SA-365C1, SA-365C2, SA-365N, SA-365N1, and SA-366G1 
helicopters;
    (3) Airbus Helicopters Deutschland GmbH (AHD) Model EC135P1, 
EC135P2, EC135P2+, EC135P3, EC135T1 EC135T2, EC135T2+, EC135T3, MBB-
BK 117 A-1, MBB-BK 117 A-3, MBB-BK 117 A-4, MBB-BK 117 B-1, MBB-BK 
117 B-2, MBB-BK 117 C-1, MBB-BK 117 C-2, MBB-BK 117 D-2, and MBB-BK 
117 D-3 helicopters;
    Note 2 to paragraph (c)(3): Helicopters with an EC135P3H 
designation are Model EC135P3 helicopters; and helicopters with an 
MBB-BK 117C-2e designation are Model MBB-BK 117C-2 helicopters.
    (4) ATR--GIE Avions de Transport R[eacute]gional Model ATR42-
200, ATR42-300, ATR42-320, ATR42-500, ATR72-101, ATR72-102, ATR72-
201, ATR72-202, ATR72-211, ATR72-212, and ATR72-212A airplanes;
    (5) Leonardo S.p.a. Model AB139, AB412, AB412 EP, AW139, AW169, 
and AW189 helicopters; and
    (6) 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 an impaired fire 
extinguisher, which could prevent proper extinguishing of a fire in 
the cabin or cockpit, and result in subsequent damage to the 
aircraft and injury to the occupants.

(f) Compliance

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

(g) Required Actions

    (1) Within 30 days after the effective date of this AD and 
thereafter at intervals not to exceed 6 months:
    (i) Inspect each fire extinguisher identified in the 
introductory paragraph of paragraph (c) of this AD by following the 
Accomplishment Instructions, paragraph 3.2.C., steps 1. through 5. 
(but not steps 5.a. and b.), of Umlaut Vender Service Bulletin (VSB) 
Doc. No. P3VSB000003, Issue C, dated August 3, 2021 (P3VSB000003, 
Issue C).
    (ii) If the safety pin does not touch the valve head (there is a 
gap), continue to inspect the fire extinguisher by following the 
Accomplishment Instructions, paragraph 3.2.C., steps 6. through 8. 
(but not steps 8.a. and b.), of P3VSB000003, Issue C.
    (iii) If the lever moves back up into its previous position on 
its own (there is a gap), before further flight, remove the fire 
extinguisher from service.
    (2) As of the effective date of this AD, for a fire extinguisher 
identified in the introductory text of paragraph (c) of this AD, 
installed on any aircraft that has not been in operation for 30 or 
more consecutive days, or if it cannot be determined how long an 
aircraft has not been in operation, before further flight, and 
thereafter at intervals not to exceed 6 months, accomplish the 
actions required by paragraphs (g)(1)(i) through (iii) of this AD. 
For purposes of this AD, an engine run-up does not count as aircraft 
operation.
    (3) As of the effective date of this AD, do not install as a 
replacement part or as an

[[Page 60560]]

original installation a fire extinguisher identified in the 
introductory text of paragraph (c) of this AD on any aircraft, 
unless the actions required by paragraphs (g)(1)(i) through (iii) of 
this AD have been accomplished.

(h) Credit for Previous Actions

    This paragraph provides credit for the initial instance of the 
actions required by paragraph (g)(1) of this AD if those actions 
were accomplished before the effective date of this AD using Umlaut 
VSB Doc. No. P3VSB000003, Issue A, dated May 10, 2021, or Umlaut VSB 
Doc. No. P3VSB000003, Issue B, dated July 14, 2021.

(i) Special Flight Permits

    A special flight permit may be permitted provided that there are 
no passengers onboard.

(j) 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 (k)(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.

(k) Related Information

    (1) For more information about this AD, contact Hal Jensen, 
Aerospace Engineer, Operational Safety Branch, Compliance & 
Airworthiness Division, FAA, 950 L'Enfant Plaza N SW, Washington, DC 
20024; telephone (202) 267-9167; email [email protected].
    (2) Umlaut VSB Doc. No. P3VSB000003, Issue A, dated May 10, 
2021, and Issue B, dated July 14, 2021, which are not incorporated 
by reference, contain additional information about the subject of 
this AD. This service information is available at the contact 
information specified in paragraphs (l)(3) and (4) of this AD.
    (3) The subject of this AD is addressed in European Union 
Aviation Safety Agency (EASA) AD 2021-0185R1, dated August 11, 2021. 
You may view the EASA AD at https://www.regulations.gov in Docket 
No. FAA-2021-0882.

(l) 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 the AD specifies otherwise.
    (i) Umlaut Vendor Service Bulletin Doc. No. P3VSB000003, Issue 
C, dated August 3, 2021.
    (ii) [Reserved]
    (3) For Umlaut service information identified in this AD, 
contact Umlaut Engineering GmbH, Blohmstrasse 12, 21079 Hamburg, 
Germany; telephone: +49 (0) 551-19240; 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 service information 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 October 15, 2021.
Lance T. Gant,
Director, Compliance & Airworthiness Division, Aircraft Certification 
Service.
[FR Doc. 2021-24008 Filed 10-29-21; 4:15 pm]
BILLING CODE 4910-13-P


