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Federal Register / Vol. 86, No. 210 / Wednesday, November 3, 2021 / Rules and Regulations
fire extinguisher, and, depending on findings, replacement with a serviceable part, as identified in EASA AD 2021
0185. EASA AD 20210185 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 20210185 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 20210185.
EASA AD 20210185R1 contains the same requirements, clarifies some nomenclature, removes the Group definitions and references, and adds Note 3 to clarify the parts prohibition.
FAAs Determination These products have been approved by EASA and are approved for operation in the United States. Pursuant to the FAAs 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.

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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
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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 553b3B 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 553d 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
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public interest pursuant to 5 U.S.C.
553b3B.
In addition, the FAA finds that good cause exists pursuant to 5 U.S.C. 553d 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. FAA20210882;
Project Identifier MCAI202100929
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 LEnfant Plaza N SW, Washington, DC 20024; telephone 202
2679167; email hal.jensen@faa.gov.
Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking.

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