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[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Rules and Regulations]
[Pages 12556-12558]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5292]

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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.

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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 re-stowing 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 time-limited 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

[[Page 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

0
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]

0
2. The FAA amends Sec.  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.

[[Page 12558]]

    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
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