12556 Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Rules and Regulations 

2011–04–09, the affected airplanes must 

be returned to service with a note in the 

airplane maintenance records that the 

modification was done under the 

provisions of this SFAR. 

(d) Expiration. This SFAR will remain 

in effect until further action. 

PART 129—OPERATIONS: FOREIGN 

AIR CARRIERS AND FOREIGN 

OPERATORS OF U.S.-REGISTERED 

AIRCRAFT ENGAGED IN COMMON 

CARRIAGE 

■ 7. The authority citation for part 129 

continues to read as follows: 

Authority: 49 U.S.C. 1372, 40113, 40119, 

44101, 44701–44702, 44705, 44709–44711, 

44713, 44716–44717, 44722, 44901–44904, 

44906, 44912, 46105, Pub. L. 107–71 sec. 

104. 

■ 8. Amend part 129 by adding subpart 

C, consisting of § 129.201, to read as 

follows: 

Subpart C—Special Federal Aviation 

Regulations 

§ 129.201 SFAR No. 111—Lavatory Oxygen 

Systems. 

The requirements of § 121.1500 of this 

chapter also apply to this part. 

Issued in Washington, DC, on March 4, 

2011. 

J. Randolph Babbitt, 

Administrator. 

[FR Doc. 2011–5325 Filed 3–7–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0157; Directorate 

Identifier 2010–NM–261–AD; Amendment 

39–16630; AD 2011–04–09] 

RIN 2120–AA64 

Airworthiness Directives; Various 

Transport Category Airplanes 

Equipped With Chemical Oxygen 

Generators Installed in a Lavatory 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: This document publishes in 

the Federal Register an amendment 

adopting airworthiness directive (AD) 

2011–04–09 that was sent previously by 

individual notices to the known U.S. 

owners and operators of affected 

airplanes identified above. This AD 

requires modifying the chemical oxygen 

generators in the lavatory. This AD was 

prompted by reports that the current 

design of these oxygen generators 

presents a hazard that could jeopardize 

flight safety. We are issuing this AD to 

eliminate this hazard. 

DATES: This AD becomes effective 

March 14, 2011 to all persons except 

those persons to whom it was made 

immediately effective by AD 2011–04– 

09, which contained the requirements of 

this amendment. 

We must receive comments on this 

AD by April 22, 2011. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (telephone 800–647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Gardlin, Aerospace Engineer, Cabin 

Safety Branch, ANM–115, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356; telephone 425–227–2136; 

fax 425–227–1149; e-mail 

jeff.gardlin@faa.gov; or 

Robert Hettman, Aerospace Engineer, 

Propulsion and Mechanical Systems 

Branch, ANM–112, FAA, Transport 

Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 227–2683; 

fax (425) 227–1149; e-mail 

robert.hettman@faa.gov. 

SUPPLEMENTARY INFORMATION: On 

February 10, 2011, we issued AD 2011– 

04–09, which applies to certain 

passenger-carrying transport category 

airplanes operating in 14 CFR part 121 

air carrier service; or U.S.-registered and 

operating under 14 CFR part 129, with 

a maximum passenger capacity of 20 or 

greater; and equipped with any 

chemical oxygen generator installed in 

any lavatory. 

Background 

This AD was prompted by reports that 

the current design of these oxygen 

generators presents a hazard that could 

jeopardize flight safety. We are issuing 

this AD to eliminate this hazard. 

FAA’s Determination and Requirements 

of This AD 

Since the unsafe condition described 

is likely to exist or develop on other 

airplanes of the same type design, we 

issued AD 2011–04–09 to eliminate a 

hazard with chemical oxygen generators 

in the lavatory, which, if not corrected, 

could jeopardize flight safety. The AD 

requires either activating all chemical 

oxygen generators in the lavatories until 

the generator oxygen supply is 

expended, or removing the oxygen 

generator(s); and, for each chemical 

oxygen generator, after the generator is 

expended (or removed), removing or restowing the oxygen masks and closing 

the mask dispenser door. 

We have determined that notice and 

opportunity for prior public comment 

on AD 2011–04–09 were contrary to the 

public interest, and good cause existed 

to make the AD effective immediately 

by individual notices issued on 

February 10, 2011, to the known U.S. 

owners and operators of certain 

passenger-carrying transport category 

airplanes operating in 14 CFR part 121 

air carrier service; or U.S.-registered and 

operating under 14 CFR part 129, with 

a maximum passenger capacity of 20 or 

greater; and equipped with any 

chemical oxygen generator installed in 

any lavatory. 

These conditions still exist, and the 

AD is hereby published in the Federal 

Register as an amendment to section 

39.13 of the Federal Aviation 

Regulations (14 CFR 39.13) to make it 

effective to all persons. 

Differences Between This Federal 

Register Version and the Individual 

Notices 

This Federal Register version of the 

AD is different from the individual 

notices previously issued. These 

individual notices contained a timelimited flight crew notification 

procedure. This procedure required that 

the pilot in command be notified that 

the oxygen generators in the lavatories 

had been rendered inoperative, and 

instructed the pilot in command to brief 

the crew that in the event of a rapid 


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Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Rules and Regulations 12557 

decompression the lavatories needed to 

be checked. Since flight crews have 

been made aware of this AD by the 

actions in the individual notices, and 

these procedures were to be applied for 

a limited time (30 days) only, the 

procedures are considered no longer 

necessary, and are not included in this 

AD. Flight crews are still made aware of 

corrective actions taken as a result of 

this AD since maintenance activities are 

recorded and available to the flight crew 

using existing maintenance procedures. 

Related Rulemaking 

We are currently planning to issue a 

special Federal Aviation Regulation 

(SFAR) to address the regulatory 

compliance issues resulting from 

carrying out the actions required by this 

AD until the type certification and 

operational rules are modified. 

This AD is applicable to U.S.- 

registered transport category airplanes 

operating under 14 CFR part 129 as 

identified in paragraph (c) of this AD. 

We will monitor actions taken by other 

airworthiness authorities to implement 

the requirements of this AD into their 

own fleets to determine if additional 

rulemaking actions are necessary. 

Action by the State of Design 

This AD is applicable to all transport 

category airplanes identified in 

paragraph (c) of this AD. For the 

purposes of the FAA’s responsibility to 

notify other airworthiness authorities of 

continued airworthiness issues under 

International Civil Aviation 

Organization (ICAO) Annex 8, this AD 

is considered an action by the State of 

Design for United States products. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not provide you with notice and 

an opportunity to provide your 

comments before it becomes effective. 

However, we invite you to send any 

written data, views, or arguments about 

this AD. Send your comments to an 

address listed under the ADDRESSES

section. Include ‘‘Docket No. FAA– 

2011–0157; Directorate Identifier 2010– 

NM–261–AD’’ at the beginning of your 

comments. We specifically invite 

comments on the overall regulatory, 

economic, environmental, and energy 

aspects of this AD. We will consider all 

comments received by the closing date 

and may amend this AD because of 

those comments. 

We will post all comments we 

receive, without change, to http:// 

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in subtitle VII, 

part A, subpart III, section 44701, 

‘‘General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

Regulatory Findings 

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. 

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 

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. 

You can find our regulatory 

evaluation and the estimated costs of 

compliance in the AD Docket. 

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 FAA amends 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. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2011–04–09 Transport Category Airplanes: 

Amendment 39–16630. Docket No. 

FAA–2011–0157; Directorate Identifier 

2010–NM–261–AD. 

Effective Date 

(a) This AD becomes effective March 14, 

2011, to all persons except those persons to 

whom it was made immediately effective by 

AD 2011–04–09, issued on February 10, 

2011, which contained the requirements of 

this amendment. 

Affected ADs 

(b) None. 

Applicability 

(c) This AD applies to transport category 

airplanes, in passenger-carrying operations, 

that are equipped with any chemical oxygen 

generator installed in any lavatory, and are: 

(1) Operating under 14 CFR part 121; or 

(2) U.S.-registered and operating under 14 

CFR part 129, with a maximum passenger 

capacity of 20 or greater. 

Subject 

(d) Joint Aircraft System Component 

(JASC)/Air Transport Association (ATA) of 

America Code 35, Oxygen. 

Unsafe Condition 

(e) This AD was prompted by reports that 

the current design of chemical oxygen 

generators in the lavatories presents a hazard 

that could jeopardize flight safety. We are 

issuing this AD to eliminate this hazard. 

Compliance 

(f) Comply with this AD within the 

compliance times specified, unless already 

done. 

Oxygen Generator Deactivation 

(g) Within 21 days after the effective date 

of this AD, do the actions specified in 

paragraphs (g)(1) and (g)(2) of this AD. 

(1) Activate all chemical oxygen generators 

in the lavatories until the generator oxygen 

supply is expended. An operator may also 

remove the oxygen generator(s), in 

accordance with existing maintenance 

practice, in lieu of activating it. 

(2) For each chemical oxygen generator, 

after the generator is expended (or removed), 

remove or re-stow the oxygen masks and 

close the mask dispenser door. 

Note 1: Chemical oxygen generators are 

considered a hazardous material and subject 

to specific requirements under Title 49 CFR 

for shipping. Oxygen generators must be 

expended prior to disposal but are 

considered a hazardous waste; therefore, 

disposal must be in accordance with all 

Federal, State, and local regulations. 

Expended oxygen generators are forbidden in 

air transportation as cargo. For more 

information, contact 1–800–HMR–4922. 


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12558 Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Rules and Regulations 

Note 2: Design approval holders are not 

expected to release service instructions for 

this action. 

Compliance with Federal Aviation 

Regulations 

(h) Notwithstanding the requirements of 

Sections 25.1447, 121.329, 121.333, and 

129.13 of the Federal Aviation Regulations 

(14 CFR 25.1447, 121.329, 121.333, and 

129.13), operators complying with this AD 

are authorized to operate affected airplanes 

until this action is superseded by other 

rulemaking. 

Parts Installation 

(i) After the effective date of this AD, no 

person may install a chemical oxygen 

generator in any lavatory on any affected 

airplane. 

Special Flight Permit 

(j) Special flight permits, as described in 

Section 21.197 and Section 21.199 of the 

Federal Aviation Regulations (14 CFR 21.197 

and 21.199), are not allowed. 

Alternative Methods of Compliance 

(AMOCs) 

(k)(1) The Manager, Transport Standards 

Staff, ANM–110, FAA, has the authority to 

approve AMOCs for this AD, if requested 

using the procedures found in 14 CFR 39.19. 

Send information to an individual identified 

in either paragraph (k)(1)(i) or (k)(1)(ii) of this 

AD. 

(i) Jeff Gardlin, Aerospace Engineer, Cabin 

Safety Branch, ANM–115, FAA, Transport 

Airplane Directorate, 1601 Lind Avenue, 

SW., Renton, Washington 98057–3356; 

telephone (425) 227–2136; fax (425) 227– 

1149; e-mail jeff.gardlin@faa.gov. 

(ii) Robert Hettman, Aerospace Engineer, 

Propulsion and Mechanical Systems Branch, 

ANM–112, FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2683; fax (425) 227–1149; e-mail 

robert.hettman@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector 

or, lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

Contact Information 

(l) For technical information about this AD, 

contact: 

(1) Jeff Gardlin, Aerospace Engineer, Cabin 

Safety Branch, ANM–115, FAA, Transport 

Airplane Directorate, 1601 Lind Avenue, 

SW., Renton, Washington 98057–3356; 

telephone (425) 227–2136; fax (425) 227– 

1149; e-mail jeff.gardlin@faa.gov. 

(2) Robert Hettman, Aerospace Engineer, 

Propulsion and Mechanical Systems Branch, 

ANM–112, FAA, Transport Airplane 

Directorate, 1601 Lind Avenue, SW., Renton, 

Washington 98057–3356; telephone (425) 

227–2683; fax (425) 227–1149; e-mail 

robert.hettman@faa.gov. 

(m) For FAA Flight Standards information 

about this AD, contact the manager at your 

local certificate management office (CMO) or 

certificate management team (CMT). 

Issued in Renton, Washington, on March 2, 

2011. 

Ali Bahrami, 

Manager, Transport Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2011–5292 Filed 3–7–11; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 73 

[Docket No. FAA–2011–0055; Airspace 

Docket No. 11–AAL–2] 

Amendment to Special Use Airspace 

Restricted Areas R–2203, and R–2205; 

Alaska 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; technical 

amendment. 

SUMMARY: This action amends the using 

agency of Restricted Areas R–2203 A, B, 

& C; Eagle River, AK, and R–2205, 

Stuart Creek, AK. These changes reflect 

the U.S. Army’s current organization in 

Alaska. There are no changes to the 

boundaries, designated altitudes, time of 

designation, or activities conducted 

within the affected restricted areas. 

DATES: Effective Date 0901 UTC, May 5, 

2011. 

FOR FURTHER INFORMATION CONTACT: Ken 

McElroy, Airspace, Regulations and 

ATC Procedures Group, Office of 

Mission Support Services, Federal 

Aviation Administration, 800 

Independence Avenue, SW., 

Washington, DC 20591; telephone: (202) 

267–8783. 

SUPPLEMENTARY INFORMATION: 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 73 by 

changing the R–2203 and R–2205 using 

agency of Special Use Airspace to, ‘‘U.S. 

Army, AK (USARAK), Commanding 

General, Fort Richardson, AK’’. This is 

an administrative change and does not 

affect the boundaries, or operating 

requirements of the airspace, therefore, 

notice and public procedures under 5 

U.S.C. 533(b) is unnecessary. 

Section 73.22 of Title 14 CFR part 73 

was republished in FAA Order 7400.8S, 

effective February 16, 2010. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under Department of 

Transportation (DOT) Regulatory 

Policies and Procedures (44 FR 11034; 

February 26, 1979); and (3) does not 

warrant preparation of a regulatory 

evaluation as the anticipated impact is 

so minimal. Since this is a routine 

matter that will only affect air traffic 

procedures and air navigation, it is 

certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the United States Code. 

Subtitle I, section 106 describes the 

authority of the FAA Administrator. 

Subtitle VII, Aviation Programs, 

describes in more detail the scope of the 

agency’s authority. 

This rulemaking is promulgated 

under the authority described in subtitle 

VII, part A, subpart I, section 40103. 

Under that section, the FAA is charged 

with prescribing regulations to assign 

the use of the airspace necessary to 

ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority as 

it amends Restricted Areas in Alaska. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with 311d, 

FAA Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures.’’ This 

airspace action is not expected to cause 

any potentially significant 

environmental impacts, and no 

extraordinary circumstances exist that 

warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 73 

Airspace, Prohibited areas, Restricted 

areas. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 73 as follows: 

PART 73—SPECIAL USE AIRSPACE 

■ 1. The authority citation for part 73 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 73.22 [Amended] 

■ 2. Section 73.22 is amended as 

follows: 

* * * * * 


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