A proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) to include an airworthiness directive (AD) that is applicable to certain First Technology Fire and Safety Ltd. toilet compartment fire extinguishers, approved for installation on Airbus A320, A330, A340; British Aerospace Bae 146, Bombardier CL-600-2B19 (CRJ), Dornier 328, Embraer EMB 145, and all Fokker series airplanes, was published in the Federal Register on July 1, 1998 (63 FR 35884). That action proposed to require, within three months after the effective date of this AD, inspection of suspect fire extinguishers for leakage, and removal from service and replacement with serviceable parts if found leaking.
Interested persons have been afforded an opportunity to participate in the making of this amendment. Due consideration has been given to the comments received.
Two commenters indicate that they do not operate any of the affected airplanes.
One commenter doesnot concur with the 3 month compliance time. The initial compliance deadline, for the First Technology fire and Safety Service Bulletin (SB) No. 26-110, Revision 1, dated January 1998, was April 1998. This allowed a sufficient amount of time since issuance of the UK CAA AD to comply with the FAA AD. The commenter has since withdrawn the request for an extended compliance period. The commenter also requests that reference to Revision 1 of SB 26-110, dated January 1998, be made in the final rule since the SB dated January 1998, referenced in the Notice for Proposed Rulemaking (NPRM) is Revision 1. The FAA concurs. SB No. 26-110, Revision 1, dated January 1998 has been listed in the Applicability section.
One commenter disagrees with the 3 minute inspection compliance time. The 3 minute reference was for weighing the extinguisher. A reasonable time period for inspection, weighing, and replacement of the extinguisher is 20 minutes. The FAA concurs. The economic impact statement has been revised.
After careful review of the available data, including the comments noted above, the FAA has determined that air safety and the public interest require the adoption of the rule with the changes described previously. The FAA has determined that these changes will neither increase the economic burden on any operator nor increase the scope of the AD.
There are approximately 1,500 fire extinguishers of the affected design installed on the worldwide fleet. There are an unknown number of fire extinguishers installed on aircraft of U.S. registry. The FAA estimates that it would take approximately 20 minutes per fire extinguisher to accomplish the actions, and that the average labor rate is $60 per work hour. The manufacturer has advised the CAA that replacement parts would be provided at no charge to the operator. Based on these figures, the total cost impact of the AD on worldwide operators is estimated to be $30,000.
The regulations proposed herein wouldnot have substantial direct effects 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. Therefore, in accordance with Executive Order 12612, it is determined that this proposal would not have sufficient federalism implications to warrant the preparation of a Federalism Assessment.
For the reasons discussed above, I certify that this proposed 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) if promulgated, 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. A copy of the draft regulatory evaluation prepared for this action is contained in the Rules Docket. A copy of it may be obtained by contacting the Rules Docket at the location provided under the caption "ADDRESSES."
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Safety.
The Proposed Amendment
Accordingly, pursuant to the authority delegated to me by the Administrator, the Federal Aviation Administration proposes to amend part 39 of the Federal Aviation Regulations (14 CFR part 39) as follows:
PART 39 - AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
39.13 - [Amended]
2. Section 39.13 is amended by the following new airworthiness directive: