[Federal Register Volume 63, Number 85 (Monday, May 4, 1998)]
[Rules and Regulations]
[Pages 24387-24389]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-11302]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

========================================================================


Federal Register / Vol. 63, No. 85 / Monday, May 4, 1998 / Rules and 
Regulations

[[Page 24387]]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. 96-NM-175-AD; Amendment 39-10509; AD 98-09-28]
RIN 2120-AA64


Airworthiness Directives; Short Brothers Model SD3-30 and SD3-60 
Series Airplanes Equipped With Fire Fighting Enterprises (U.K.) Ltd. 
Fire Extinguishers

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This amendment adopts a new airworthiness directive (AD), 
applicable to all Shorts Model SD3-30 and SD3-60 series airplanes 
equipped with certain fire extinguishers, that requires replacement of 
the covers for fire extinguisher adapter assemblies that are installed 
on certain bulkheads with new covers that swivel to lock the 
extinguishers in place; and replacement of nozzles and triggers on 
these fire extinguishers with better fitting nozzles and stronger 
triggers. It also requires the installation of new fire extinguisher 
point placards and a revision of the Airplane Flight Manual to instruct 
the flight crew in the use of the new covers for these adapter 
assemblies. This amendment is prompted by reports that these fire 
extinguishers are not discharging properly because they do not fit 
correctly with the adapter, and that triggers on these extinguishers 
are failing. The actions specified by this AD are intended to ensure 
that, in the event of fire in the baggage bay, extinguishing agent is 
properly distributed within this area, and portable extinguishers 
operate properly; and to prevent injury to crew and passengers when a 
portable extinguisher is discharged.

DATES: Effective June 8, 1998.
    The incorporation by reference of certain publications listed in 
the regulations is approved by the Director of the Federal Register as 
of June 8, 1998.

ADDRESSES: The service information referenced in this AD may be 
obtained from Short Brothers (USA), Inc., Civil Technical Operations, 
P.O. Box 211 (Route 76 East), Bridgeport, West Virginia 26330. This 
information may be examined at the Federal Aviation Administration 
(FAA), Transport Airplane Directorate, Rules Docket, 1601 Lind Avenue, 
SW., Renton, Washington; or at the Office of the Federal Register, 800 
North Capitol Street, NW., suite 700, Washington, DC.

FOR FURTHER INFORMATION CONTACT: Norman B. Martenson, Manager, 
International Branch, ANM-116, FAA, Transport Airplane Directorate, 
1601 Lind Avenue, SW., Renton, Washington 98055-4056; telephone (425) 
227-2110; fax (425) 227-1149.

SUPPLEMENTARY INFORMATION: 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 all Shorts Model SD3-30 and SD3-60 
series airplanes equipped with certain fire extinguishers was published 
in the Federal Register on January 27, 1997 (62 FR 3832). That action 
proposed to require replacement of the covers for fire extinguisher 
adapter assemblies that are installed on certain bulkheads with new 
covers that swivel to lock the extinguishers in place; and replacement 
of nozzles and triggers on these fire extinguishers with better fitting 
nozzles and stronger triggers. It also proposed to require the 
installation of new fire extinguisher point placards and a revision of 
the Airplane Flight Manual to instruct the flight crew in the use of 
the new covers for these adapter assemblies.

Comments

    Interested persons have been afforded an opportunity to participate 
in the making of this amendment. Due consideration has been given to 
the comments received.
    One commenter, an organization representing airline pilots, 
supports the proposed AD; however, it requests that the FAA implement 
specific training in the use of critical equipment such as fire 
extinguishers, including the actual equipment used in the aircraft.
    The FAA acknowledges the commenter's concern. The FAA has 
determined that an unsafe condition exists, and that the actions 
required by this AD are adequate in order to ensure the continued 
safety of the affected fleet. While there may be merit to the 
commenter's suggestion, this AD is not the appropriate context in which 
to evaluate that suggestion. Since the suggested change would alter the 
actions currently required by this AD, additional rulemaking would be 
required. The FAA finds that to delay this action would be 
inappropriate in light of the identified unsafe condition. No change to 
this final rule is necessary.
    The manufacturer of the affected airplanes notes that replacement 
of the discharge head assembly in accordance with Fire Fighting 
Enterprises (U.K.) Ltd. Service Bulletin 26-107, Revision 1, dated 
November 2, 1992, includes replacement of the trigger as also required 
by the company's Service Bulletin 26-108, dated September 1992. Both 
service bulletins are cited as the appropriate sources of service 
information in paragraph (c) of the proposed AD. The commenter requests 
that this information be provided in the AD so that operators would not 
rework the fire extinguisher head per Service Bulletin 26-107 (which 
would require the installation of a new trigger in accordance with 
Service Bulletin 26-108), only to discover that both actions could be 
accomplished by replacing the discharge head.
    The FAA concurs that some confusion could result with regard to the 
current wording contained in paragraph (c)(1) of this final rule. 
Therefore, the FAA has changed paragraph (c)(1) to read, ``Install a 
chamfered nozzle on the discharge head assembly of each fire 
extinguisher and add a new trigger by replacing * * *.'' That change, 
together with the clarification contained in the service bulletin, 
should preclude any confusion in that regard.
    The same commenter requests that an inspection procedure be 
provided in order to determine whether the trigger has actually been 
replaced in accordance with Service Bulletin 26-108. The commenter 
states that paragraph 3.A.(3)(h) of Service Bulletin 26-107, Revision 
1, requires that the fire extinguisher trigger be marked with part 
number BA22988-3 after rework of the nozzle chamfer. The commenter 
further

[[Page 24388]]

asserts that, since effectivity of Service Bulletin 26-108 does not 
include discharge head part number BA22988-3, maintenance personnel may 
assume that, following accomplishment of Service Bulletin 26-107 (and 
re-marking of the part to BA22988-3), replacement of the trigger in 
accordance with Service Bulletin 26-108 is not necessary.
    The FAA does not concur that an inspection should be added to this 
AD. Contrary to the commenter's assertion, Service Bulletin 26-107 
requires that the reworked discharge head, not the trigger itself, be 
marked with part number BA22988-3. In any event, the AD requires 
replacement of the trigger with the stronger trigger, either through 
accomplishment of Service Bulletin 26-107, Revision 1, or 26-108, 
regardless of the part number marking on the fire extinguisher 
discharge head. However, replacement of the trigger is required only if 
such replacement has not been accomplished prior to the effective date 
of the AD. Investigation of airplane maintenance records may be 
necessary to confirm whether the stronger trigger has been installed. 
If there are no records showing that it has already been installed, the 
stronger trigger must be installed in accordance with this AD.
    The commenter also provided corrected information concerning the 
address from which the referenced service bulletins may be obtained and 
the cost of parts needed for compliance. The correct address is shown 
above under the heading ADDRESSES, and the cost impact information 
presented below reflects the corrected information concerning the cost 
of parts. The cost impact information also reflects changes that have 
occurred in the number of affected U.S.-registered airplanes since the 
notice of proposed rulemaking was published.

Conclusion

    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 previously 
described. The FAA has determined that these changes will neither 
significantly increase the economic burden on any operator nor increase 
the scope of the AD.

Cost Impact

    The FAA estimates that 33 Model SD3-30 series airplanes of U.S. 
registry will be affected by this AD. For these airplanes, it will take 
approximately 9 work hours per airplane to accomplish the required 
actions on airplanes with only a forward baggage bay, and 14 work hours 
per airplane to accomplish the required actions on airplanes with 
forward and aft baggage bays. The average labor rate is $60 per work 
hour. Required parts will cost approximately $735 per airplane. Based 
on these figures, the cost impact of the AD on U.S. operators of Model 
SD3-30 series airplanes is estimated to be between $42,075 and $51,975, 
or between $1,275 and $1,575 per airplane.
    The FAA estimates that 52 Model SD3-60 series airplanes of U.S. 
registry will be affected by this AD. For these airplanes, it will take 
approximately 12 work hours per airplane to accomplish the required 
actions, at an average labor rate of $60 per work hour. Required parts 
will cost approximately $776 per airplane. Based on these figures, the 
cost impact of the AD on U.S. operators of Model SD3-60 series 
airplanes is estimated to be $77,792, or $1,496 per airplane.
    The cost impact figures discussed above are based on assumptions 
that no operator has yet accomplished any of the requirements of this 
AD action, and that no operator would accomplish those actions in the 
future if this AD were not adopted.

Regulatory Impact

    The regulations adopted herein will not 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 final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    For the reasons discussed above, I certify that this action (1) is 
not a ``significant regulatory action'' under Executive Order 12866; 
(2) is not a ``significant rule'' under 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. A final evaluation has been prepared for this action 
and it is contained in the Rules Docket. A copy of it may be obtained 
from the Rules Docket at the location provided under the caption 
ADDRESSES.

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

    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]

    2. Section 39.13 is amended by adding the following new 
airworthiness directive:

98-09-28 Short Brothers, PLC: Amendment 39-10509. Docket 96-NM-175-
AD.
    Applicability: Model SD3-30 and SD3-60 series airplanes equipped 
with fire extinguishers manufactured by Fire Fighting Enterprises 
(U.K.) Ltd.; certificated in any category.

    Note 1: This AD applies to each airplane identified in the 
preceding applicability provision, regardless of whether it has been 
modified, altered, or repaired in the area subject to the 
requirements of this AD. For airplanes that have been modified, 
altered, or repaired so that the performance of the requirements of 
this AD is affected, the owner/operator must request approval for an 
alternative method of compliance in accordance with paragraph (d) of 
this AD. The request should include an assessment of the effect of 
the modification, alteration, or repair on the unsafe condition 
addressed by this AD; and, if the unsafe condition has not been 
eliminated, the request should include specific proposed actions to 
address it.

    Compliance: Required as indicated, unless accomplished 
previously.
    To ensure that, in the event of fire, extinguishing agent is 
properly distributed within the baggage bays and portable 
extinguishers operate properly; and to prevent injury to crew and 
passengers, accomplish the following:
    (a) Within 6 months after the effective date of this AD, install 
a new cover on each fire extinguisher adapter assembly on bulkheads 
between the passenger cabin and aft and/or forward baggage bay, in 
accordance with Shorts Service Bulletin SD330-26-14, dated September 
1994 (for Shorts Model SD3-30 series airplanes), or Shorts Service 
Bulletin SD360-26-11, dated July 1994 (for Shorts Model SD3-60 
series airplanes), as applicable.
    (b) Prior to further flight after accomplishing the actions 
required by paragraph (a) of this AD, accomplish both paragraphs 
(b)(1) and (b)(2) of this AD:
    (1) Install new fire extinguisher point placards, in accordance 
with Shorts Service Bulletin SD330-26-14, dated September 1994 (for 
Shorts Model SD3-30 series airplanes), or Shorts Service Bulletin 
SD360-26-11, dated July 1994 (for Shorts Model SD3-60 series 
airplanes), as applicable. And

[[Page 24389]]

    (2) Revise the Limitations Section of the FAA-approved Airplane 
Flight Manual (AFM), in accordance with Note 1 of Paragraph 1.C. of 
Shorts Service Bulletin SD330-26-14, dated September 1994 (for 
Shorts Model SD3-30 series airplanes), or Shorts Service Bulletin 
SD360-26-11, dated July 1994 (for Shorts Model SD3-60 series 
airplanes), as applicable.
    (c) For airplanes equipped with fire extinguishers having part 
number (P/N) BA51012SR-3 or BA51012SR: Within 6 months after the 
effective date of this AD, accomplish either paragraph (c)(1) or 
(c)(2) of this AD:
    (1) Install a chamfered nozzle on the discharge head assembly of 
each fire extinguisher and add a new trigger by replacing the 
discharge head assembly with a new discharge head assembly, having 
P/N BA22988-3, in accordance with Fire Fighting Enterprises (U.K.) 
Ltd. Service Bulletin 26-107, Revision 1, dated November 2, 1992.
Or
    (2) Replace the trigger on the discharge head assembly of each 
fire extinguisher with a new trigger, in accordance with Fire 
Fighting Enterprises (U.K.) Ltd. Service Bulletin 26-108, dated 
September 1992. After replacement, install a chamfered nozzle on the 
discharge head assembly of each fire extinguisher by reworking the 
discharge head assembly in accordance with Fire Fighting Enterprises 
(U.K.) Ltd. Service Bulletin 26-107, Revision 1, dated November 2, 
1992.
    (d) An alternative method of compliance or adjustment of the 
compliance time that provides an acceptable level of safety may be 
used if approved by the Manager, International Branch, ANM-116, FAA, 
Transport Airplane Directorate. Operators shall submit their 
requests through an appropriate FAA Principal Maintenance Inspector, 
who may add comments and then send it to the Manager, International 
Branch, ANM-116.

    Note 2: Information concerning the existence of approved 
alternative methods of compliance with this AD, if any, may be 
obtained from the International Branch, ANM-116.

    (e) Special flight permits may be issued in accordance with 
sections 21.197 and 21.199 of the Federal Aviation Regulations (14 
CFR 21.197 and 21.199) to operate the airplane to a location where 
the requirements of this AD can be accomplished.
    (f) The actions shall be done in accordance with Short Brothers 
Shorts Service Bulletin SD330-26-14, dated September 1994; Short 
Brothers Shorts Service Bulletin SD360-26-11, dated July 1994; Fire 
Fighting Enterprises (U.K.) Ltd. Service Bulletin 26-107, Revision 
1, dated November 2, 1992; and Fire Fighting Enterprises (U.K.) Ltd. 
Service Bulletin 26-108, dated September 1992; as applicable. This 
incorporation by reference was approved by the Director of the 
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 
51. Copies may be obtained from Short Brothers (USA), Inc., Civil 
Technical Operations, P.O. Box 211 (Route 76 East), Bridgeport, West 
Virginia 26330. Copies may be inspected at the FAA, Transport 
Airplane Directorate, 1601 Lind Avenue, SW., Renton, Washington; or 
at the Office of the Federal Register, 800 North Capitol Street, 
NW., suite 700, Washington, DC.
    (g) This amendment becomes effective on June 8, 1998.

    Issued in Renton, Washington, on April 22, 1998.
Gary L. Killion,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 98-11302 Filed 5-1-98; 8:45 am]
BILLING CODE 4910-13-U