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25543

Proposed Rules Federal Register


Vol. 68, No. 92

Tuesday, May 13, 2003

This section of the FEDERAL REGISTER electronically to the following address: How Can I Be Sure FAA Receives My
contains notices to the public of the proposed 9-ACE-7-Docket@faa.gov. Comments Comment?
issuance of rules and regulations. The sent electronically must contain
purpose of these notices is to give interested If you want FAA to acknowledge the
‘‘Docket No. 2003–CE–19–AD’’ in the receipt of your mailed comments, you
persons an opportunity to participate in the subject line. If you send comments
rule making prior to the adoption of the final must include a self-addressed, stamped
electronically as attached electronic postcard. On the postcard, write
rules.
files, the files must be formatted in ‘‘Comments to Docket No. 2003–CE–19–
Microsoft Word 97 for Windows or AD.’’ We will date stamp and mail the
DEPARTMENT OF TRANSPORTATION ASCII text. postcard back to you.
You may get service information that
Federal Aviation Administration applies to this proposed AD from Kidde Discussion
Aerospace, Kidde Technologies, Inc., What Events Have Caused This
14 CFR Part 39 4200 Airport Drive, NW., Wilson, North Proposed AD?
Carolina 27896; telephone: (252) 237–
[Docket No. 2003–CE–19–AD] 7004. You may also view this The FAA has received information of
RIN 2120–AA64 information at the Rules Docket at the problems with certain Kidde Aerospace
address above. P/N 898052 hand-held halon fire
Airworthiness Directives; Kidde FOR FURTHER INFORMATION CONTACT:
extinguishers that are utilized on
Aerospace Part Number (P/N) 898052 Charles H. Bowser, Flight Test Engineer, aircraft. This information shows that the
Hand-held Halon Fire Extinguishers FAA, Atlanta Aircraft Certification discharge time of the affected fire
Office, One Crown Center, 1895 Phoenix extinguishers exceeds the maximum
AGENCY: Federal Aviation allowable discharge time.
Administration, DOT. Boulevard, Suite 450, Atlanta, Georgia
30349; telephone: (770) 703–6047; The problem is due to incomplete
ACTION: Notice of proposed rulemaking crimping of the siphon tube.
(NPRM). facsimile: (770) 703–6097.
Specifically, worn crimping tools were
SUPPLEMENTARY INFORMATION:
used to crimp the siphon tube. This is
SUMMARY: This document proposes to
adopt a new airworthiness directive Comments Invited causing leakage between the siphon
(AD) that would apply to certain Kidde tube and the valve.
How Do I Comment on This Proposed The fire extinguishers in question
Aerospace P/N 898052 hand-held halon AD? were manufactured from 1995 through
fire extinguishers that are utilized on The FAA invites comments on this 2002 and have a serial number of W–
aircraft. This proposed AD would proposed rule. You may submit 389653 or lower.
require you to remove the affected fire whatever written data, views, or
extinguishers from service and would arguments you choose. You need to What Are the Consequences If the
prevent you from using them in the include the proposed rule’s docket Condition Is Not Corrected?
future. This proposed AD is the result number and submit your comments to If these fire extinguishers that had this
of information that shows that the the address specified under the caption incomplete crimping of the siphon tube
discharge time of the affected fire ADDRESSES. We will consider all are not removed from service, then the
extinguishers exceeds the maximum comments received on or before the fire extinguishers could function at
allowable discharge time. The problem closing date. We may amend this diminished levels and compromise the
is due to incomplete crimping of the proposed rule in light of comments level of safety in an emergency
siphon tube. The actions specified by received. Factual information that situation.
this proposed AD are intended to supports your ideas and suggestions is
remove from service fire extinguishers Is There Service Information That
extremely helpful in evaluating the Applies To This Subject?
that had this incomplete crimping of the effectiveness of this proposed AD action
siphon tube. If not removed from and determining whether we need to Kidde Aerospace has issued Service
service, these fire extinguishers could take additional rulemaking action. Bulletin 898052–26–449, dated October
function at diminished levels and 7, 2002.
compromise the level of safety in an Are There Any Specific Portions of This
emergency situation. Proposed AD I Should Pay Attention What Are the Provisions of This Service
To? Information?
DATES: The Federal Aviation
Administration (FAA) must receive any The FAA specifically invites The service bulletin describes the
comments on this proposed rule on or comments on the overall regulatory, problem discussed in this proposed AD
before July 14, 2003. economic, environmental, and energy and includes procedures for identifying
ADDRESSES: Submit comments to FAA, aspects of this proposed rule that might and returning the affected hand-held
Central Region, Office of the Regional suggest a need to modify the rule. You halon fire extinguishers.
Counsel, Attention: Rules Docket No. may view all comments we receive The FAA’s Determination and an
2003–CE–19–AD, 901 Locust, Room before and after the closing date of the Explanation of the Provisions of This
506, Kansas City, Missouri 64106. You rule in the Rules Docket. We will file a Proposed AD
may view any comments at this location report in the Rules Docket that
between 8 a.m. and 4 p.m., Monday summarizes each contact we have with What Has FAA Decided?
through Friday, except Federal holidays. the public that concerns the substantive After examining the circumstances
You may also send comments parts of this proposed AD. and reviewing all available information

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25544 Federal Register / Vol. 68, No. 92 / Tuesday, May 13, 2003 / Proposed Rules

related to the incidents described above, What Would This Proposed AD Require? each individual AD. Since this material
we have determined that: is included in 14 CFR part 39, we will
This proposed AD would require you
not include it in future AD actions.
—The unsafe condition referenced in to remove the affected fire extinguishers
this document exists or could develop from service and would prevent you Cost Impact
on type design aircraft that utilize from using any affected fire extinguisher
How Many Fire Extinguishers Would
Kidde Aerospace P/N 898052 hand- in the future.
This Proposed AD Impact?
held halon fire extinguishers that How Does the Revision To 14 CFR Part
were manufactured from 1995 We estimate that this proposed AD
39 Affect This Proposed AD?
through 2002 and have a serial could affect 38,695 fire extinguishers.
On July 10, 2002, FAA published a
number of W–389653 or lower; What Would Be the Cost Impact of This
new version of 14 CFR part 39 (67 FR
—The problem fire extinguishers should Proposed AD On Owners/Operators of
47997, July 22, 2002), which governs
be removed from service; and the Affected Airplanes?
FAA’s AD system. This regulation now
—AD action should be taken in order to includes material that relates to special We estimate the following costs to
correct this unsafe condition. flight permits, alternative methods of remove the affected fire extinguishers
compliance, and altered products. This from service (including replacing with
material previously was included in another unit):

Total cost per


Labor cost Parts cost airplane

2 workhours × $60 per hour = $120 ....... No cost for parts. Allow 5 days or more to ship the defective fire extinguishers to $120.
Kidde Aerospace.

Compliance Time of This Proposed AD would not have federalism implications PART 39—AIRWORTHINESS
under Executive Order 13132. DIRECTIVES
What Would Be the Compliance Time of
This Proposed AD? Would This Proposed AD Involve a 1. The authority citation for part 39
Significant Rule or Regulatory Action? continues to read as follows:
The compliance time of this proposed
AD would be ‘‘within the next 6 months For the reasons discussed above, I Authority: 49 U.S.C. 106(g), 40113, 44701.
after the effective date of this AD.’’ certify that this proposed action (1) is
not a ‘‘significant regulatory action’’ § 39.13 [Amended]
Why Is This Proposed Compliance Time under Executive Order 12866; (2) is not 2. FAA amends § 39.13 by adding a
Presented in Calendar Time Instead of a ‘‘significant rule’’ under DOT new airworthiness directive (AD) to
Hours Time-in-Service (TIS)? Regulatory Policies and Procedures (44 read as follows:
Although the slow discharge of the FR 11034, February 26, 1979); and (3) if
Kidde Aerospace: Docket No. 2003–CE–19–
fire extinguishers is only a problem promulgated, will not have a significant
AD.
during flight, the unsafe condition is not economic impact, positive or negative,
on a substantial number of small entities (a) What products are affected by this AD?
a result of aircraft operation. Therefore, This AD affects part number (P/N) 898052
FAA has determined that a compliance under the criteria of the Regulatory
hand-held halon fire extinguishers that were
based on calendar time should be Flexibility Act. A copy of the draft manufactured from 1995 through 2002 and
utilized in this AD in order to ensure regulatory evaluation prepared for this have a serial number of W–389653 or lower.
that the unsafe condition is addressed action has been placed in the Rules (b) Who must comply with this AD?
on all aircraft in a reasonable time Docket. A copy of it may be obtained by Anyone who wishes to operate any aircraft
period. contacting the Rules Docket at the that is certificated in any category and
location provided under the caption utilizes one of the fire extinguishers
Regulatory Impact ADDRESSES. identified in paragraph (a) of this AD must
comply with this AD.
Would This Proposed AD Impact List of Subjects in 14 CFR Part 39 (c) What problem does this AD address?
Various Entities? The actions specified by this AD are intended
Air transportation, Aircraft, Aviation
The regulations proposed herein safety, Safety. to remove from service fire extinguishers that
have incomplete crimping of the siphon tube.
would not have a substantial direct
The Proposed Amendment If not removed from service, these fire
effect on the States, on the relationship extinguishers could function at diminished
between the national government and Accordingly, under the authority levels and compromise the level of safety in
the States, or on the distribution of delegated to me by the Administrator, an emergency situation.
power and responsibilities among the the Federal Aviation Administration (d) What actions must I accomplish to
various levels of government. Therefore, proposes to amend part 39 of the address this problem? To address this
it is determined that this proposed rule Federal Aviation Regulations (14 CFR problem, you must accomplish the following:
part 39) as follows:

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Federal Register / Vol. 68, No. 92 / Tuesday, May 13, 2003 / Proposed Rules 25545

Actions Compliance Procedures

(1) Remove from service any P/N 898052 Within the next 6 months after the effective Kidde Aerospace Service Bulletin 898052–
hand-held halon fire extinguisher that was date of this AD. 26–449, dated October 7, 2002, specifies
manufactured from 1995 through 2002 and procedures for identifying the affected fire
has a serial number of W–389653 or lower. extinguishers. It also includes procedures
You may not operate any aircraft without the for shipping and exchanging the fire extin-
applicable fire extinguishing equipment per guishers.
FAA regulation.

(2) The owner/operator holding at least a pri- Within the next 6 months after the effective Not Applicable.
vate pilot certificate as authorized by section date of this AD.
43.7 of the Federal Aviation Regulations (14
CFR 43.7) may remove the fire extinguisher
specified in paragraph (d)(1) of this AD.
Make an entry into the aircraft records show-
ing compliance with this portion of the AD in
accordance with section 43.9 of the Federal
Aviation Regulations (14 CFR 43.9).

(3) Do not install, on any aircraft, a Kidde Aero- As of the effective date of this AD ................... Not Applicable.
space P/N 898052 hand-held halon fire extin-
guisher that was manufactured from 1995
through 2002 and has a serial number of W–
389653 or lower.

(e) Can I comply with this AD in any other ACTION: Proposed rule. regulations in 28 CFR part 16 and are
way? To use an alternative method of not, therefore, necessary in Bureau
compliance or adjust the compliance time, SUMMARY: The Bureau of Prisons
regulations.
follow the procedures in 14 CFR 39.19. Send (Bureau) proposes to revise its Freedom
these requests to the Manager, Atlanta of Information Act and Privacy Act Further, we also propose to eliminate
Aircraft Certification Office. For information regulations. We propose to eliminate rules pertaining to inmate requests (28
on any already approved alternative methods rules pertaining to inmate requests to CFR 513.40–513.44) to institutions for
of compliance, contact Charles H. Bowser, information, as these regulations pertain
institutions for information, as these
Flight Test Engineer, FAA, Atlanta Aircraft to internal agency practice and
Certification Office, One Crown Center, 1895 regulations pertain to internal agency
Phoenix Boulevard, Suite 450, Atlanta, practice and procedure and do not procedure and do not directly relate to
Georgia 30349; telephone: (770) 703–6047; directly relate to the Freedom of the Freedom of Information Act (FOIA)
facsimile: (770) 703–6097. Information Act (FOIA) or the Privacy or the Privacy Act (PA).
(f) How do I get copies of the documents Act (PA). We also propose to remove the Sections 513.40–513.44 of our current
referenced in this AD? You may get copies of remainder of our regulations regarding regulations are under the undesignated
the documents referenced in this AD from PA and FOIA requests for information.
Kidde Aerospace, Kidde Technologies, Inc.,
subheading ‘‘Inmate Requests to
These rules merely reiterate and Institutions for Information.’’ In this
4200 Airport Drive, NW, Wilson, North
paraphrase general Department of proposed rule, we removed these
Carolina 27896; telephone: (252) 237–7004.
You may view these documents at FAA, Justice FOIA/PA regulations in 28 CFR regulations because (1) they largely
Central Region, Office of the Regional part 16 and are therefore unnecessary in relate to internal agency procedures and
Counsel, 901 Locust, Room 506, Kansas City, Bureau regulations. directions to institution staff, (2) they
Missouri 64106. DATES: Comments due by July 14, 2003. cover procedures which are and will
Issued in Kansas City, Missouri, on May 7, ADDRESSES: Rules Unit, Office of remain part of current Bureau policy,
2003. General Counsel, Bureau of Prisons, 320 and (3) by removing them, we do not
David R. Showers, First Street, NW., Washington, DC remove an inmate’s ability to request
Acting Manager, Small Airplane Directorate, 20534. information from institution staff
Aircraft Certification Service. FOR FURTHER INFORMATION CONTACT: without filing a FOIA request.
[FR Doc. 03–11874 Filed 5–12–03; 8:45 am] Sarah Qureshi, Office of General You can send written comments on
BILLING CODE 4910–13–P Counsel, Bureau of Prisons, phone (202) this proposed rule to the Rules Unit,
307–2105. Office of General Counsel, Bureau of
SUPPLEMENTARY INFORMATION: The Prisons, 320 First Street, NW.,
DEPARTMENT OF JUSTICE Bureau proposes to amend its Washington, DC 20534.
regulations on the Freedom of We will consider comments we get
Bureau of Prisons Information Act and Privacy Act (28 during the comment period before we
CFR part 513, subpart D). We published
28 CFR Part 513 take final action. If we can, we will try
current regulations on this subject in the
to consider comments we get after the
[BOP–1100–P] Federal Register on December 9, 1996
end of the comment period. In light of
(61 FR 64950).
RIN 1120–AA96 We now propose to eliminate our comments we get, we may change the
regulations regarding PA and FOIA proposed rule.
Freedom of Information Act and
requests for information (28 CFR We do not plan to have oral hearings
Privacy Act Requests: Removal of
513.30–513–36 and 513.50–68). These on this proposed rule. All the comments
Rules
rules merely reiterate and paraphrase we get remain on file for public
AGENCY: Bureau of Prisons, Justice. general Department of Justice FOIA/PA inspection at the above address.

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