[Federal Register Volume 77, Number 38 (Monday, February 27, 2012)]
[Proposed Rules]
[Pages 11418-11421]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-4031]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2012-0102; Directorate Identifier 2012-NM-004-AD]
RIN 2120-AA64


Airworthiness Directives; Various Transport Category Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede an existing airworthiness directive 
(AD) that applies to certain transport category airplanes. The existing 
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. Since 
we issued that AD, we have identified means to provide a supplemental 
oxygen system that does not have the unsafe condition. This proposed AD 
would require installing a supplemental oxygen system in affected 
lavatories, which would terminate the requirements of the existing AD. 
We are proposing this AD to eliminate a hazard that could jeopardize 
flight safety, and to ensure that all lavatories have a supplemental 
oxygen supply.

DATES: We must receive comments on this proposed AD by April 12, 2012.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, 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: Deliver to Mail address above 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

[[Page 11419]]

Friday, except Federal holidays. The AD docket contains this proposed 
AD, the regulatory evaluation, any comments received, and other 
information. The street address for the Docket Office (phone: 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, 
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: [email protected].

SUPPLEMENTARY INFORMATION: 

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2012-0102; 
Directorate Identifier 2012-NM-004-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed 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 proposed AD.

Discussion

    On March 2, 2011, we issued AD 2011-04-09, Amendment 39-16630 (76 
FR 12556, March 8, 2011), for certain transport category airplanes. 
That AD requires either activating all chemical oxygen generators 
(COGs) 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 AD 
resulted from reports that the current design of these oxygen 
generators presents a hazard that could jeopardize flight safety. We 
issued that AD to eliminate this hazard.

Actions Since Existing AD Was Issued

    When we issued AD 2011-04-09, Amendment 39-16630 (76 FR 12556, 
March 8, 2011), we also issued Special Federal Aviation Regulation 
(SFAR) 111 (76 FR 12550, March 8, 2011) to address the fact that, with 
inoperative COGs, affected airplanes would not be in compliance with 
certain airworthiness standards that require supplemental oxygen to be 
available in all lavatories. That SFAR permitted airplanes affected by 
AD 2011-04-09 to be delivered, modified, and returned to service even 
though they were not in compliance with the affected regulations.
    The FAA considered SFAR 111 (76 FR 12550, March 8, 2011) and AD 
2011-04-09, Amendment 39-16630 (76 FR 12556, March 8, 2011), to be 
interim measures until they could be superseded by additional 
rulemaking activity. The FAA analyzed the risk of removing supplemental 
oxygen from lavatories for the time required to develop a system that 
addresses the risk identified by the underlying AD, and concluded that 
the risk was low. However, this assessment was based on a finite 
exposure time; we never intended to allow airplanes to fly indefinitely 
without a supplemental oxygen supply in the lavatories. The preamble to 
AD 2011-04-09 explained that that AD would be in effect until 
superseded by further rulemaking, and SFAR 111 discussed a 2- to 4-year 
period to restore oxygen to lavatories, once the identified 
vulnerability was adequately addressed by the new rulemaking.
    To address the vulnerability, the FAA chartered an Aviation 
Rulemaking Committee (ARC) to recommend new standards for COG 
installations that would eliminate the identified vulnerability, and 
permit acceptable installation of COGs in lavatories. The ARC completed 
its work, and we now have sufficient information to approve new COG 
installations. FAA Policy Statement PS-ANM-25-04, issued December 21, 
2011 (http://rgl.faa.gov/Regulatory_and_Guidance_Library/rgPolicy.nsf/0/06EE1CEFE9804A2F8625796E005C017F?OpenDocument&Highlight=ps-anm-25-04), 
summarizes the ARC recommendations and provides guidance to applicants 
that want to begin restoring oxygen to lavatories in advance of 
rulemaking. This policy will be used in making approvals of COG 
installations that will be used to comply with this proposed AD. The 
FAA may also propose new airworthiness standards for the safe 
installations of COGs using the ARC recommendations.
    As stated in the preamble to AD 2011-04-09, Amendment 39-16630 (76 
FR 12556, March 8, 2011), our original intention was to adopt new type 
certification and operational rules for installing lavatory oxygen 
systems. In reviewing the ARC's recommendations, however, we recognized 
the need to terminate the requirements of that AD to adequately address 
the identified unsafe condition. This is consistent with our normal AD 
process in which we typically issue superseding ADs mandating 
modifications that terminate interim actions imposed by earlier 
superseded ADs. This proposed AD would serve as superseding action to 
AD 2011-04-09 and provide terminating action to the unsafe condition 
identified by that AD. The lack of oxygen in lavatories, as noted 
above, is noncompliant with airworthiness and operational standards. 
This proposal requires a terminating action that addresses the 
identified unsafe condition in a manner that maintains compliance with 
the existing standards.
    Design approval holders have not released service information at 
this time. However, we anticipate that relevant service information for 
the terminating action will be available in time for operators to 
comply with this proposed AD. Depending on the technical approach 
taken, we propose to use different approval processes as discussed 
below.

Approval Process for Compliance With Proposed AD, Using Chemical Oxygen 
Generators

    Because of the issues addressed by AD 2011-04-09, Amendment 39-
16630 (76 FR 12556, March 8, 2011), COG installations will require new 
considerations in order to be found acceptable methods of compliance 
with this proposed AD. The approval for COG installations will 
therefore be in a manner approved by the FAA as discussed below.

Approval Process for Compliance With Proposed AD, Using Other Systems

    Chemical oxygen generators are one type of system used to provide 
supplemental oxygen. While the majority of transport category airplanes 
use this system in lavatories, there are other systems as well. If 
another system type is used to meet this AD, the original unsafe 
condition is not a concern. In that case, the means of compliance is 
straightforward, and we have determined that the approval method could 
be more flexible than is usually the case for an AD. For example, 
delegated organizations cannot normally make compliance findings for 
ADs; service information associated with ADs must be adhered to 
exactly, or else an alternative method of compliance (AMOC) must be 
granted. For this proposed AD, if the type of system is other than a 
COG, then we have

[[Page 11420]]

determined that these restrictions could be relaxed. Therefore, 
paragraph (k)(2) of this proposed AD contains provisions to permit 
existing approval processes to be used, as long as the means of 
compliance is other than a COG. This provision takes precedence over 
current limitations in operators' authority to use their organizational 
delegations when showing compliance with an AD. In addition, if an 
operator uses service information that is approved for such 
installations, deviations from the service information can be addressed 
using the operator's normal procedures without requiring an AMOC.

Oversight Office

    Paragraph (k) of this proposed AD refers to the FAA oversight 
office responsible for approval of modifications used to show 
compliance. This will typically be the aircraft certification office 
having geographic oversight of the applicant. In the case of service 
instructions from foreign design approval holders, this would be the 
Transport Standards Staff. We anticipate that modifications to meet 
this proposal will require either supplemental type certification or 
amended type certificate approval.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant 
information and determined the unsafe condition described previously is 
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would retain the requirements of AD 2011-04-09, 
Amendment 39-16630 (76 FR 12556, March 8, 2011). This proposed AD would 
also require installing a supplemental oxygen system in affected 
lavatories, which would terminate the existing requirements.

Costs of Compliance

    We estimate that this proposed AD affects 5,500 airplanes of U.S. 
registry. We estimate the following costs to comply with the actions 
specified in this proposed AD.

                                                 Estimated Costs
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                                                                                                 Cost on U.S.
              Action                    Labor cost        Parts cost      Cost per product        operators
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Activate COG/expend oxygen supply  Up to 2 work-hours               $0  Up to $170.........  Up to $935,000.
 [actions retained from AD 2011-    x $85 per hour =
 04-09, Amendment 39-16630 (76 FR   Up to $170.
 12556, March 8, 2011)].
Oxygen system installation (new    24 work-hours x $85           6,000  $8,040.............  $44,220,000.
 proposed action).                  per hour = $2,040.
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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

    We have determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would 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 the proposed 
regulation:
    (1) Is not a ``significant regulatory action'' under Executive 
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) 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.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 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.


Sec.  39.13  [Amended]

    2. The FAA amends Sec.  39.13 by removing airworthiness directive 
(AD) 2011-04-09, Amendment 39-16630 (76 FR 12556, March 8, 2011), and 
adding the following new AD:

Transport Category Airplanes: Docket No. FAA-2012-0102; Directorate 
Identifier 2012-NM-004-AD.

(a) Comments Due Date

    The FAA must receive comments on this AD action by April 12, 
2012.

(b) Affected ADs

    This AD supersedes AD 2011-04-09, Amendment 39-16630 (76 FR 
12556, March 8, 2011).

(c) Applicability

    This AD applies to transport category airplanes, in passenger-
carrying operations, as specified in paragraph (c)(1) or (c)(2) of 
this AD.
    (1) Airplanes that are in compliance with the requirements of AD 
2011-04-09, Amendment 39-16630 (76 FR 12556, March 8, 2011).
    (2) Airplanes equipped with any chemical oxygen generator 
installed in any lavatory and are:
    (i) Operating under 14 CFR part 121; or
    (ii) U.S.-registered and operating under 14 CFR part 129, with a 
maximum passenger capacity of 20 or greater.

(d) Subject

    Joint Aircraft System Component (JASC)/Air Transport Association 
(ATA) of America Code 35, Oxygen.

(e) Unsafe Condition

    This AD was prompted by the determination that the current 
design of chemical oxygen generators presents a hazard

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that could jeopardize flight safety. We are issuing this AD to 
eliminate this hazard and ensure that all lavatories have a 
supplemental oxygen supply.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Restatement of Requirements of AD 2011-04-09, Amendment 39-16630 
(76 FR 12556, March 8, 2011): Oxygen Generator Deactivation

    Within 21 days after March 14, 2011 (the effective date of AD 
2011-04-09, Amendment 39-16630 (76 FR 12556, March 8, 2011)), 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 to paragraph (g) of this AD: 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.
    Note 2 to paragraph (g) of this AD: Design approval holders are 
not expected to release service instructions for the action 
specified in paragraph (g) of this AD.

(h) Restatement of Requirements of AD 2011-04-09, Amendment 39-16630 
(76 FR 12556, March 8, 2011): Compliance With Federal Aviation 
Regulations

    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 
accomplishment of the actions specified in paragraph (k) of this AD.

(i) Restatement of Requirements of AD 2011-04-09, Amendment 39-16630 
(76 FR 12556, March 8, 2011): Parts Installation

    After March 14, 2011, and until accomplishment of the actions 
specified in paragraph (k) of this AD, no person may install a 
chemical oxygen generator in any lavatory on any affected airplane.

(j) Restatement of Requirements of AD 2011-04-09, Amendment 39-16630 
(76 FR 12556, March 8, 2011): Special Flight Permit

    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 for the accomplishment of the actions 
specified in paragraph (g) of this AD.

(k) New Requirements of This AD: Oxygen System Restoration

    Within 24 months after the effective date of this AD, install a 
supplemental oxygen system that meets 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) in each 
lavatory, as specified in paragraph (k)(1) or (k)(2) of this AD, as 
applicable.
    (1) If compliance with paragraph (k) of this AD is achieved 
using a chemical oxygen generator, the actions specified in 
paragraph (k) of this AD must be done in accordance with a method 
approved by the Manager of the responsible FAA oversight office 
having responsibility over the modification. For a method to be 
approved, it must meet the certification basis of the airplane, and 
the approval must specifically refer to this AD.
    (2) If compliance with paragraph (k) of this AD is achieved 
without a chemical oxygen generator, the specifications of 
paragraphs (k)(2)(i) and (k)(2)(ii) of this AD apply.
    (i) The modification must receive FAA approval in accordance 
with 14 CFR part 21 as a major design change. Notwithstanding 
operations specification restrictions to the contrary, 
organizational approval holders may exercise their full authority in 
approving installations that meet the installation requirements of 
this AD.
    (ii) Deviation from approved service instructions and subsequent 
modifications may be handled by normal operator procedures without 
requiring approval of an alternative method of compliance.

(l) Alternative Methods of Compliance (AMOCs)

    (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. In accordance with 14 CFR 39.19, 
send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the manager of the Transport Standards Staff, send it to 
the attention of the person identified in the Related Information 
section of this AD.
    (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.

(m) Related Information

    For more information about this AD, 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: [email protected].

    Issued in Renton, Washington, on January 27, 2012.
Ali Bahrami,
Manager,Transport Airplane Directorate, Aircraft Certification Service.
[FR Doc. 2012-4031 Filed 2-24-12; 8:45 am]
BILLING CODE 4910-13-P