Discussion
What Events Have Caused This AD?
The FAA has received information of problems with certain Kidde Aerospace P/N 898052 hand-held halon fire extinguishers that are utilized on aircraft. This information shows that the discharge time of the affected fire extinguishers exceeds the maximum allowable discharge time.
The problem is due to incomplete crimping of the siphon tube. Specifically, worn crimping tools were used to crimp the siphon tube. This is causing leakage between the siphon tube and the valve.
What Is the Potential Impact if FAA Took No Action?
If these fire extinguishers that had this incomplete crimping of the siphon tube are not removed from service, then the fire extinguishers could function at diminished levels and compromise the level of safety in an emergency situation.
Has FAA Taken Any Action to This Point?
We issued a proposal to amend part 39 of the Federal Aviation Regulations (14 CFR part 39)to include an AD that would apply certain Kidde Aerospace P/N 898052 hand-held halon fire extinguishers that are utilized on aircraft. This proposal was published in the Federal Register as a notice of proposed rulemaking (NPRM) on May 13, 2003 (68 FR 25543). The NPRM proposed to require you to remove the affected fire extinguishers from service and would prevent you from using any affected fire extinguisher in the future.
Comments
Was the Public Invited To Comment?
We provided the public the opportunity to participate in the development of this AD. The following presents the comments received on the proposal and FAA's response to each comment:
Comment Issue No. 1: Extend the Compliance Time
What Is the Commenter's Concern?
Several commenters recommend extending the compliance time from 6 months to 12 months, while one commenter recommends an extension to 18 months. The commenters state that the extension is necessary due to the large number of affected extinguishers and the logistics involved with AD compliance.
What Is FAA's Response to the Concern?
The FAA agrees that 12 months would be a more realistic compliance time.
We are changing the final rule AD action accordingly.
Comment Issue No. 2: Clarify the Fire Extinguisher Applicability
What Is the Commenter's Concern?
Several commenters state that the current wording for the fire extinguisher applicability of "manufactured from 1995 through 2002 and have a serial number of W-389653 or lower" is confusing. The commenters recommend the following language to more fully depict the intended applicability:
Fire extinguishers affected by this AD are serial numbers V-432001 through W-389653 inclusive that were manufactured sometime from 1995-2002. Serial numbers are identified by the Underwriter's Laboratories (UL) number printed on the label and are listed in succession. Other variants of the UL number with prefixes other than "V" or "W" are not affected by this AD.
What Is FAA's Response to the Concern?
The FAA concurs that the recommended language more accurately reflects the fire extinguisher serial number range.
We are changing the final rule AD action accordingly.
Comment Issue No. 3: Add a Dash Number to the Existing Part Number
What Is the Commenter's Concern?
One commenter recommends adding a dash number to the existing fire extinguisher part number. The commenter states that this would allow you to distinguish between pre- and post-bulletin modifications.
What Is FAA's Response to the Concern?
The FAA does not believe that this is necessary since the replacement fire extinguishers will have their own separate and unique serial numbers.
We are not making any changes to the final rule AD action.
Comment Issue No. 4: Cost Estimate Too High
What Is the Commenter's Concern?
One commenter states that FAA's estimate of 2 workhours to locate, access, pack, ship, receive the new unit, store, and reinstall the new unit is too high. The commenter states that 1 workhour is a conservative estimate.
What Is FAA's Response to the Concern?
The FAA agrees that 1 workhour more adequately reflects the time necessary to do the work.
We are changing the final rule AD action accordingly.
Comment Issue No. 5: Revise Fire Extinguisher Return Procedures
What Is the Commenter's Concern?
One commenter recommends that the AD should more clearly reference the procedures in the service information for returning any fire extinguishers. Specifically, the commenter states that you should not discharge the fire extinguishers, and you should not ship them back to Kidde because a special collection point is already established. This information is outlined in the service information.
What Is FAA's Response to the Concern?
The FAA agrees that the return procedures should reference that in the service information.
We are changing the final rule AD action accordingly.
Conclusion
What Is FAA's Final Determination on This Issue?
We have carefully reviewed the available data and determined that air safety and the public interest require adopting the AD as proposed except for the changes discussed above and minor editorial corrections. We have determined that these changes and minor corrections:
--Provide the intent that was proposed in the NPRM for correcting the unsafe condition; and
--Do not add any additional burden upon the public than was already proposed in the NPRM.
Changes to 14 CFR Part 39--Effect on the AD
How Does the Revision to 14 CFR Part 39 Affect This AD?
On July 10, 2002, the FAA published a new version of 14 CFR part 39 (67 FR 47997, July 22, 2002), which governs the FAA's AD system. This regulation now includes material that relates to altered products, special flight permits, and alternative methods of compliance. This material previously was included in each individual AD. Since this material is included in 14 CFR part 39, we will not include it in future AD actions.
Costs of Compliance
How Many Airplanes Does This AD Impact?
We estimate that this AD affects 38,695 airplanes in the U.S. registry.
What Is the Cost Impact of This AD on Owners/Operators of the Affected Airplanes?
We estimate the following costs to remove the affected fire extinguishers from service (including replacing with another unit):
Labor cost
Parts cost
Total cost per airplane
1 workhour X $60 per hour = $60.
No cost for parts.
$60 per airplane.
Compliance Time of This AD
What Will Be the Compliance Time of This AD?
The compliance time of this AD will be "within the next 12 months after February 20, 2004 (the effective date of this AD)."
Why Is This Compliance Time Presented in Calendar Time Instead of Hours Time-in-Service (TIS)?
Although the slow discharge of the fire extinguishers is only a problem during flight, the unsafe condition is not a result of aircraft operation. Therefore, FAA has determined that a compliance based on calendar time should be utilized in this AD in order to ensure that the unsafe condition is addressed on all aircraft in a reasonable time period.
Regulatory Findings
Will This AD Impact Various Entities?
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.
Will This AD Involve a Significant Rule or Regulatory Action?
For the reasons discussed above, I certify that this AD:
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 a summary of the costs to comply with this AD and placed it in the AD Docket. You may get a copy of this summary by sending a request to us at the address listed under ADDRESSES. Include "AD Docket No. 2003-CE-19-AD" in your request.
List of Subjects in 14 CFR Part 39
Air transportation, Aircraft, Aviation safety, Incorporation by reference, Safety.
Adoption of the Amendment
Accordingly, under 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
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. FAA amends Sec. 39.13 by adding a new AD to read as follows: