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.

Rules and Regulations Federal Register

37997 

Vol. 77, No. 123 

Tuesday, June 26, 2012 

1To view the proposed rule, supporting 

documents, and the comments we received, go to 

http://www.regulations.gov/ 

#!docketDetail;D=APHIS–2011–0073. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 319 

[Docket No. APHIS–2011–0073] 

RIN 0579–AD54 

Importation of Dracaena Plants From 

Costa Rica 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Final rule. 

SUMMARY: We are amending the plants 

for planting regulations to provide 

conditions for the importation into the 

continental United States of Dracaena 

spp. plants from Costa Rica. These 

conditions will apply to plants less than 

460 mm in length, which are currently 

allowed to be imported, and will also 

allow for the importation of plants over 

460 mm and up to 1,371.6 mm in 

length, which are currently prohibited. 

As a condition of entry, Dracaena spp. 

plants from Costa Rica will have to be 

produced in accordance with integrated 

pest risk management measures that 

will include requirements for 

registration of place of production and 

packinghouses, a pest management 

plan, inspection for quarantine pests, 

sanitation, and traceability from place of 

production through the packing and 

export facility and to the port of entry 

into the United States. All Dracaena 

spp. plants from Costa Rica will also be 

required to be accompanied by a 

phytosanitary certificate with an 

additional declaration stating that all 

conditions for the importation of the 

plants have been met and that the 

consignment of plants has been 

inspected and found free of quarantine 

pests. This action will allow for the 

importation of oversized Dracaena spp. 

plants from Costa Rica into the United 

States while continuing to provide 

protection against the introduction of 

quarantine pests. 

DATES: Effective Date: July 26, 2012. 

FOR FURTHER INFORMATION CONTACT: Mr. 

William D. Aley, Senior Import 

Specialist, Plants for Planting Policy, 

PPQ, APHIS, 4700 River Road, Unit 136, 

Riverdale, MD 20737–1231; (301) 851– 

2130. 

SUPPLEMENTARY INFORMATION: 

Background 

The regulations in ‘‘Subpart—Plants 

for Planting’’ (7 CFR 319.37 through 

319.37–14, referred to below as the 

regulations) restrict, among other things, 

the importation of living plants, plant 

parts, seeds, and plant cuttings for 

planting to prevent the introduction and 

dissemination of plant pests that are 

new to or not widely distributed within 

the United States. 

Dracaena is a genus of about 40 

species of tree- and shrub-like plants. 

Several species are grown as 

houseplants for their decorative straplike foliage, low maintenance 

requirements, and tolerance of a wide 

range of growing conditions. Popular 

Dracaena spp. houseplants include 

Dracaena fragrans, commonly known as 

the corn plant, and Dracaena 

sanderiana, commonly known as lucky 

bamboo. 

Currently, whole and intact Dracaena 

spp. plants (including roots, stems, and 

leaves) may be imported into the United 

States only if they meet the size 

requirements in § 319.37–2(b)(6)(i) and 

other general requirements in the 

regulations. The regulations currently 

allow only Dracaena spp. plants less 

than 460 mm (approximately 18 inches) 

in length. The size requirement was 

established because plants of that size 

are easily inspected and, if necessary, 

treated for pests; the size and density of 

growth of larger plants makes them 

more difficult to inspect and treat. 

On November 1, 2011, we published 

in the Federal Register (76 FR 67379– 

67384, Docket No. APHIS–2011–0073) a 

proposal 1 to amend the plants for 

planting regulations to provide 

conditions for the importation into the 

continental United States of Dracaena 

spp. plants from Costa Rica. 

We solicited comments concerning 

our proposal for 60 days ending January 

3. 2012. We received six comments by 

that date. They were from foreign and 

domestic industry associations, an 

importer, a State agriculture 

department, and a private citizen. The 

comments were generally supportive 

but raised two questions concerning the 

proposed rule. 

One commenter asked if the Animal 

and Plant Health Inspection Service 

(APHIS) would be supplying copies of 

the bilateral workplan to domestic 

stakeholders for review. 

Bilateral workplans are agreements 

between APHIS and the national plant 

protection organization (NPPO) of a 

foreign Government and are not 

typically circulated for stakeholder 

review. However, they are public 

documents and interested stakeholders 

may obtain copies of the workplan by 

calling or writing to the individual 

listed under FOR FURTHER INFORMATION

CONTACT. 

Two commenters stated that site visits 

should be conducted to ensure that the 

requirements of the bilateral workplan 

are met. One of these commenters 

expressed an interest in participating in 

site visits. 

As we explained in the proposed rule, 

APHIS may conduct site visits to 

inspect and monitor the pest 

management program. In the past, 

representatives of U.S. domestic 

industries have accompanied APHIS 

personnel on site visits at the invitation 

of the host NPPO, so it is a possibility 

that domestic stakeholders could 

accompany an APHIS representative 

traveling to Costa Rica. We do expect, 

however, that the routine site visits will 

most often be carried out by APHIS field 

personnel in Costa Rica as part of their 

routine duties rather than by U.S.-based 

personnel who would have to travel to 

Costa Rica to visit production and 

packing sites. 

Therefore, for the reasons given in the 

proposed rule and in this document, we 

are adopting the proposed rule as a final 

rule, without change. 

Executive Order 12866 and Regulatory 

Flexibility Act 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order 12866 and, therefore, 


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37998 Federal Register / Vol. 77, No. 123 / Tuesday, June 26, 2012 / Rules and Regulations 

2 Go to http://www.regulations.gov/#!docket

Detail;D=APHIS–2011–0073. The environmental 

assessment and finding of no significant impact will 

appear in the resulting list of documents. 

has not been reviewed by the Office of 

Management and Budget. 

In accordance with 5 U.S.C. 604, we 

have prepared a final regulatory 

flexibility analysis, which is 

summarized below, regarding the 

economic effects of this rule on small 

entities. Copies of the full analysis are 

available on the Regulations.gov Web 

site (see footnote 1 in this document for 

a link to Regulations.gov) or by 

contacting the person listed under FOR

FURTHER INFORMATION CONTACT. 

The United States imports 

approximately 25 million Dracaena spp. 

plants from Costa Rica annually. On 

average, APHIS intercepts pests in, and 

applies treatments to, over 8 percent of 

the Dracaena consignments and 

destroys less than 1 percent. Production, 

packing, storing and exportation of 

Dracaena spp. plants in accordance 

with the integrated pest risk 

management measures set forth in the 

rule will reduce pest infestations, 

subsequent pest interceptions, and the 

need to fumigate or destroy infested 

consignments at ports of entry. 

The oversized Dracaena spp. plants 

will be of greater value than the smaller 

plants currently allowed entry, and we 

expect U.S. nurseries will adjust to new 

marketing opportunities afforded by the 

larger plants. Most U.S. nurseries and 

other entities that may be affected by 

this rule are small. 

Executive Order 12988 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This rule: (1) Preempts 

all State and local laws and regulations 

that are inconsistent with this rule; (2) 

has no retroactive effect; and (3) does 

not require administrative proceedings 

before parties may file suit in court 

challenging this rule. 

National Environmental Policy Act 

An environmental assessment and 

finding of no significant impact have 

been prepared for this final rule. The 

environmental assessment provides a 

basis for the conclusion that the 

importation of Dracaena spp. plants 

from Costa Rica under the conditions 

specified in this rule will not have a 

significant impact on the quality of the 

human environment. Based on the 

finding of no significant impact, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that an environmental 

impact statement need not be prepared. 

The environmental assessment and 

finding of no significant impact were 

prepared in accordance with: (1) The 

National Environmental Policy Act of 

1969 (NEPA), as amended (42 U.S.C. 

4321 et seq.), (2) regulations of the 

Council on Environmental Quality for 

implementing the procedural provisions 

of NEPA (40 CFR parts 1500–1508), (3) 

USDA regulations implementing NEPA 

(7 CFR part 1b), and (4) APHIS’ NEPA 

Implementing Procedures (7 CFR part 

372). 

The environmental assessment and 

finding of no significant impact may be 

viewed on the Regulations.gov Web 

site.2 Copies of the environmental 

assessment and finding of no significant 

impact are also available for public 

inspection at USDA, room 1141, South 

Building, 14th Street and Independence 

Avenue SW., Washington, DC, between 

8 a.m. and 4:30 p.m., Monday through 

Friday, except holidays. Persons 

wishing to inspect copies are requested 

to call ahead on (202) 690–2817 to 

facilitate entry into the reading room. In 

addition, copies may be obtained by 

writing to the individual listed under 

FOR FURTHER INFORMATION CONTACT. 

Paperwork Reduction Act 

This rule contains no new 

information collection or recordkeeping 

requirements under the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3501 

et seq.). 

List of Subjects in 7 CFR Part 319 

Coffee, Cotton, Fruits, Imports, Logs, 

Nursery stock, Plant diseases and pests, 

Quarantine, Reporting and 

recordkeeping requirements, Rice, 

Vegetables. 

Accordingly, we amend 7 CFR part 

319 as follows: 

PART 319—FOREIGN QUARANTINE 

NOTICES 

■ 1. The authority citation for part 319 

continues to read as follows: 

Authority: 7 U.S.C. 450, 7701–7772, and 

7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 

2.22, 2.80, and 371.3. 

■ 2. Section 319.37–2 is amended as 

follows: 

■ a. In the table in paragraph (a), by 

adding a new entry for ‘‘Dracaena spp. 

plants not meeting the conditions for 

import in § 319.37–5 (y)’’, in 

alphabetical order, to read as set forth 

below. 

■ b. In paragraph (b)(6)(i), by adding the 

words ‘‘Dracaena spp. plants from Costa 

Rica meeting the conditions of § 319.37– 

5(y),’’ after the citation ‘‘§ 319.37–5(q),’’. 

§ 319.37–2 Prohibited articles. 

(a) * * * 

Prohibited article 

(includes seeds only if 

specifically mentioned) 

Foreign places 

from which 

prohibited 

Quarantine pests existing in the places named and capable 

of being transported with the prohibited article 

*******

Dracaena spp. plants not 

meeting the conditions 

for import in § 319.37– 

5(y).

Costa Rica ........ Ancistrocercus circumdatus; Caldwelliola reservata; Chaetanaphothrips signipennis (banana rust 

thrips); Coccus viridis (green scale); Diplosolenodes occidentalis (spotted leatherleaf slug); 

Erioloides consobrinus; Neoconocephalus affinis (rattler conehead katydid); Oncometopia 

clarior (blue sharpshooter); Ovachlamys fulgens; Palliferra costaricensis (Costa Rica mantle 

slug); Planococcus minor (passionvine mealybug); Pseudococcus landoi (lando mealybug); 

Sarasinula plebeia (Caribbean leatherleaf slug); Succinea costaricana; Xylosandrus morigerus 

(brown coffee twig beetle). 

*******

* * * * * 

■ 3. In § 319.37–5, a new paragraph (y) 

is added to read as follows: 

§ 319.37–5 Special foreign inspection and 

certification requirements. 

* * * * * 

(y) Special foreign inspection and 

certification requirements for Dracaena 

spp. plants from Costa Rica. Dracaena 

spp. plants from Costa Rica may only be 


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Federal Register / Vol. 77, No. 123 / Tuesday, June 26, 2012 / Rules and Regulations 37999 

imported into the continental United 

States in accordance with the 

requirements of this paragraph (y), to 

prevent the plant pests Ancistrocercus 

circumdatus, Caldwelliola reservata, 

Chaetanaphothrips signipennis, Coccus 

viridis, Diplosolenodes occidentalis, 

Erioloides consobrinus, 

Neoconocephalus affinis, Oncometopia 

clarior, Ovachlamys fulgens, Palliferra 

costaricensis, Planococcus minor, 

Pseudococcus landoi, Sarasinula 

plebeia, Succinea costaricana, and 

Xylosandrus morigerus from entering 

the United States. 

(1) Size requirements. Dracaena spp. 

plants from Costa Rica imported into the 

continental United States may not 

exceed 1,371.6 mm (approximately 54 

inches) in length from the soil line (or 

top of the rooting zone for plants 

produced by air layering) to the farthest 

terminal growing point. 

(2) Bilateral workplan. The national 

plant protection organization (NPPO) of 

Costa Rica must provide a bilateral 

workplan to APHIS that details the 

activities that the NPPO of Costa Rica 

will, subject to APHIS’ approval of the 

workplan, carry out to meet the 

requirements of this paragraph (y). 

(3) Phytosanitary certificate. The 

phytosanitary certificate of inspection 

required by § 319.37–4 that 

accompanies each consignment of 

Dracaena spp. plants from Costa Rica 

must contain additional declarations 

that the plants in the consignment have 

been produced, packed, stored, and 

exported in accordance with the 

requirements of this paragraph (y) and 

the bilateral workplan, and that the 

consignment has been inspected and 

found free of quarantine pests. 

(4) Participant registration and 

agreement. Persons in Costa Rica who 

produce, pack, or ship Dracaena spp. 

plants for export to the United States 

must: 

(i) Be registered and approved by the 

NPPO of Costa Rica; and 

(ii) Enter into an agreement with the 

NPPO of Costa Rica whereby the 

persons agree to participate in and 

follow the export program for Dracaena 

spp. plants established by the NPPO of 

Costa Rica. 

(5) Facility registration and 

agreement. Production, packing, and 

export facilities must be approved and 

registered by the NPPO of Costa Rica. 

Registered packing and export facilities 

may only accept plants from registered 

production facilities where plants are 

grown in compliance with the 

requirements of this paragraph (y) and 

the bilateral workplan. The NPPO of 

Costa Rica will provide APHIS with 

access to the list of registered facilities 

at least annually and when changes 

occur. 

(6) Training. Participants and 

personnel at approved production, 

packing, and export facilities must be 

trained in the requirements of this 

paragraph (y) and the bilateral workplan 

and in recognizing the quarantine listed 

in this paragraph (y). Training records 

must be maintained and made available 

to the NPPO of Costa Rica and APHIS 

on request. 

(7) Pest management program. 

Participants must establish a pest 

management program for all approved 

production, packing, and export 

facilities. Pest management programs 

must include field or facility scouting, 

monitoring, and control of target pests, 

and must be monitored and approved by 

the NPPO of Costa Rica. APHIS may 

visit sites to inspect and monitor the 

pest management program. Each 

approved facility must have a trained, 

dedicated person to supervise the pest 

management program. Records of pest 

management activities must be 

maintained and made available to the 

NPPO of Costa Rica and APHIS upon 

request. 

(8) Sanitation. Sanitation measures 

must be maintained at approved 

production, packing, and export 

facilities. Fallen or discarded plant 

material and debris, or plants with 

pests, must be removed and must not be 

included in field containers brought 

from production to packing facilities for 

export. Packing facilities must be free of 

sand, soil, earth, and plant pests, and 

phytosanitary practices adequate to 

exclude pests must be employed. 

Equipment, materials, and tools must be 

sanitized to avoid spreading pests or to 

prevent recontamination. 

(9) Inspections. Inspections 

undertaken in the export program for 

Dracaena spp. plants established by the 

NPPO of Costa Rica will include, but 

may not be limited to, the following: 

(i) Approved production, packing, 

and export facilities must be inspected 

by dedicated trained personnel at the 

approved facilities at least once weekly, 

and by the NPPO of Costa Rica at least 

once monthly. 

(ii) Packing materials and shipping 

containers for the plants must be 

approved by APHIS and inspected by 

the NPPO of Costa Rica to ensure that 

they do not introduce pests of concern 

to the plants. 

(iii) Inspection dates and results must 

be recorded and made available to 

APHIS upon request. 

(10) Traceability. Participants must 

establish a traceability system approved 

and audited by the NPPO of Costa Rica 

and APHIS. The identity and origin of 

the Dracaena spp. plants must be 

maintained from the production unit 

through the packing and export facilities 

and to the port of entry in the United 

States. 

(11) Recordkeeping. Participants must 

maintain records of program activities, 

including corrective measures, for a 

minimum of 3 years. Records must be 

made available to the NPPO of Costa 

Rica and APHIS on request. 

(12) Ineligibility for participation. (i) 

Persons who produce, pack, or ship 

Dracaena spp. plants will be ineligible 

for participation in the export program 

for Dracaena spp. plants and their 

production sites or packing or export 

facilities will lose approved status if: 

(A) Live pests are found in a 

production site; 

(B) Live pests are found in a shipment 

of plants; or 

(C) Persons who produce, pack, or 

ship Dracaena spp. plants violate the 

requirements set out in this section or 

required under the export program 

established by the NPPO of Costa Rica. 

(ii) A person who produces, packs, or 

ships Dracaena spp. plants may be 

reinstated, and that person’s production 

sites or packing or export facilities may 

regain approved status, by requesting 

reapproval and submitting a detailed 

report describing the corrective actions 

taken by the person. Reapproval will 

only be granted upon concurrence from 

the NPPO of Costa Rica and APHIS. 

(13) Trust fund. The Government of 

Costa Rica must enter into a trust fund 

agreement with APHIS before each 

growing season. The Government of 

Costa Rica or its designated 

representative is required to pay in 

advance all estimated costs that APHIS 

expects to incur through its involvement 

in overseeing the execution of paragraph 

(y) of this section. These costs will 

include administrative expenses 

incurred in conducting the services 

enumerated in paragraph (y) of this 

section and all salaries (including 

overtime and the Federal share of 

employee benefits), travel expenses 

(including per diem expenses), and 

other incidental expenses incurred by 

the inspectors in performing these 

services. The Government of Costa Rica 

or its designated representative is 

required to deposit a certified or 

cashier’s check with APHIS for the 

amount of the costs estimated by 

APHIS. If the deposit is not sufficient to 

meet all costs incurred by APHIS, the 

agreement further requires the 

Government of Costa Rica or its 

designated representative to deposit 

with APHIS a certified or cashier’s 

check for the amount of the remaining 

costs, as determined by APHIS, before 


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38000 Federal Register / Vol. 77, No. 123 / Tuesday, June 26, 2012 / Rules and Regulations 

the services will be completed. After a 

final audit at the conclusion of each 

shipping season, any overpayment of 

funds would be returned to the 

Government of Costa Rica or its 

designated representative or held on 

account until needed. 

Done in Washington, DC, this June 20, 

2012. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2012–15542 Filed 6–25–12; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2012–0102; Directorate 

Identifier 2012–NM–004–AD; Amendment 

39–17072; AD 2012–11–09] 

RIN 2120–AA64 

Airworthiness Directives; Various 

Transport Category Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: We are superseding an 

existing airworthiness directive (AD) for 

certain transport category airplanes. 

That AD currently 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. This new AD requires 

installing a supplemental oxygen system 

in affected lavatories, which terminates 

the requirements of the existing AD. 

This AD was prompted by reports that 

the current design of the oxygen 

generators presents a hazard that could 

jeopardize flight safety. We are issuing 

this AD to eliminate a hazard that could 

jeopardize flight safety, and to ensure 

that all lavatories have a supplemental 

oxygen supply. 

DATES: This AD is effective August 10, 

2012. 

ADDRESSES: 

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 address for the 

Docket Office (phone: 800–647–5527) is 

Document Management Facility, U.S. 

Department of Transportation, Docket 

Operations, M–30, West Building 

Ground Floor, Room W12–140, 1200 

New Jersey Avenue SE., Washington, 

DC 20590. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Gardlin, Aerospace Engineer, Airframe 

and Cabin Safety Branch, ANM–115, 

FAA, Transport Airplane Directorate, 

1601 Lind Avenue SW., Renton, 

Washington 98057–3356; phone: 425– 

227–2136; fax: 425–227–1149; email: 

jeff.gardlin@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 to supersede AD 2011–04–09, 

Amendment 39–16630 (76 FR 12556, 

March 8, 2011). That AD applies to the 

specified products. The NPRM 

published in the Federal Register on 

February 27, 2012 (77 FR 11418). That 

NPRM proposed to continue to require 

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. That NPRM also 

proposed to require installing a 

supplemental oxygen system in affected 

lavatories, which would terminate the 

requirements of the existing AD. 

Change to NPRM (77 FR 11418, 

February 27, 2012) 

We have redesignated Note 1 of the 

NPRM (77 FR 11418, February 27, 2012) 

as new paragraph (h) of this AD, 

reidentified Note 2 as Note 1, and 

reidentified subsequent paragraphs 

accordingly. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the proposal (77 FR 11418, 

February 27, 2012) and the FAA’s 

response to each comment. 

Request To Extend Compliance Time 

Airbus, Boeing, Bombardier, Embraer, 

American Airlines (AA), Delta Air 

Lines, Southwest Airlines (SWA), 

United Airlines (UA), and All Nippon 

Airways (ANA) requested that we revise 

the NPRM (77 FR 11418, February 27, 

2012) to extend the 24-month 

compliance time. Airbus, Embraer, Air 

Line Pilots Association (ALPA) 

International, AA, and Boeing noted 

that the Lavatory Oxygen Aviation 

Rulemaking Committee (ARC) chartered 

on this subject established some 

notional life-cycle times from the 

initiation of a design through a fleet 

retrofit. The requested compliance time 

ranged from 36 to 60 months. The ARC 

considered even a 4-year compliance 

time aggressive. Commenters also noted 

that there are no actual designs at 

present; any schedule is at risk until the 

design is proven and validated. 

We partially agree with the request. 

Because of the lack of a retrofit design 

and the magnitude of the retrofit, and 

new configuration(s), on such a large 

number of affected airplanes, we agree 

that the proposed compliance time of 24 

months is insufficient. We also agree 

that the ARC’s detailed assessment 

would not have supported a 24-month 

compliance time. We disagree, however, 

to extend the compliance time to 48 

months, or longer. Some of the 

commenters’ concerns, as identified by 

the ARC, have been alleviated in the AD 

(for example, streamlining the 

compliance process), and it is clear 

there are workable design approaches 

that can be implemented without taking 

airplanes out of service. Nonetheless, 

since no actual designs are yet 

approved, the retrofit process cannot 

begin until a design is approved. We 

have extended the compliance time in 

paragraph (l) of this final rule to 37 

months after the effective date of the 

AD. 

Request To Retain Proposed 

Compliance Times 

The Association of Flight Attendants 

(AFA) and ALPA encouraged the 

issuance of the final rule with the 

compliance times as proposed. AFA 

requested that we also incorporate 

interim measures. The commenters 

noted that the total time that lavatories 

will have been without oxygen would 

be about 3.5 years, even with a 24- 

month compliance time. AFA pointed 

out that the FAA’s assessment of the 

safety risk was based on a finite time, 

and that we originally estimated a twoto four-year period to restore oxygen. 

Thus, retaining the proposed 24-month 

compliance time is appropriate. 

With respect to the compliance time, 

we disagree with the request. Based on 

the number of affected airplanes and the 

lack of a design solution yet approved 

for any of them, a 24-month compliance 

time is not feasible. On the other hand, 

we acknowledge that compliance will 

be due later than the original estimate 


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