80_FR_44402 80 FR 44259 - Airworthiness Directives; Various Transport Category Airplanes

80 FR 44259 - Airworthiness Directives; Various Transport Category Airplanes

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 80, Issue 143 (July 27, 2015)

Page Range44259-44262
FR Document2015-18155

We are revising Airworthiness Directive (AD) 2012-11-09 for certain transport category airplanes. AD 2012-11-09 required 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. AD 2012-11-09 also required installing a supplemental oxygen system in affected lavatories, which terminated the requirements of AD 2012-11-09. This AD clarifies a certain restriction by providing a broader method of compliance. This AD was prompted by the discovery that the requirement to change the instructions for continued airworthiness under certain conditions may impose an unnecessary burden on operators. 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.

Federal Register, Volume 80 Issue 143 (Monday, July 27, 2015) 
[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)]
[Rules and Regulations]
[Pages 44259-44262]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-18155]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-2962; Directorate Identifier 2015-NM-071-AD; 
Amendment 39-18221; AD 2012-11-09 R1]
RIN 2120-AA64


Airworthiness Directives; Various Transport Category Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: We are revising Airworthiness Directive (AD) 2012-11-09 for 
certain transport category airplanes. AD 2012-11-09 required 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. AD 2012-11-09 also required 
installing a supplemental oxygen system in affected lavatories, which 
terminated the requirements of AD 2012-11-09. This AD clarifies a 
certain restriction by providing a broader method of compliance. This 
AD was prompted by the discovery that the requirement to change the 
instructions for continued airworthiness under certain conditions may 
impose an unnecessary burden on operators. 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 July 27, 2015.
    We must receive any comments on this AD by September 10, 2015.

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: 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 by searching for and locating Docket No. FAA-2015-
2962; 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 (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, WA 98057-3356; phone: 425-
227-2136; fax: 425-227-1149; email: [email protected].

SUPPLEMENTARY INFORMATION:

Discussion

    On May 23, 2012, we issued AD 2012-11-09, Amendment 39-17072 (77 FR 
38000, June 26, 2012), for certain transport category airplanes. AD 
2012-11-09 superseded AD 2011-04-09, Amendment 39-16630 (76 FR 12556, 
March 8, 2011). AD 2012-11-09 required 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. AD 2012-11-09 also required installing a supplemental 
oxygen system in affected lavatories, which terminated the requirements 
of AD 2011-04-09. AD 2012-11-09 was prompted by reports that the design 
of the oxygen generators presented a hazard that could jeopardize 
flight safety. We issued AD 2012-11-09 to eliminate a hazard that could 
jeopardize flight safety, and to ensure that all lavatories have a 
supplemental oxygen supply.

Actions Since Issuance of AD 2012-11-09, Amendment 39-17072 (77 FR 
38000, June 26, 2012)

    Since we issued AD 2012-11-09, Amendment 39-17072 (77 FR 38000, 
June 26, 2012), we have discovered that a certain requirement might 
have imposed an unnecessary burden on Boeing and operators. Paragraph 
(l)(2) of AD 2012-11-09 required adding ``an airworthiness limitation 
that prohibits the installation of chemical oxygen generators in 
lavatories'' to the operator's maintenance program, if compliance with 
AD 2012-11-09 was shown without a chemical oxygen generator. The intent 
of this provision was to have a mechanism in place in the operators' 
maintenance programs that prevents the inadvertent reinstallation of a 
chemical oxygen generator in a lavatory.
    That use of the term ``airworthiness limitation'' could be 
interpreted as the Airworthiness Limitations section of the 
Instructions for Continued Airworthiness (ICA), as required by section 
25.1529 of the Federal Aviation Regulations (14 CFR 25.1529). While 
that is an acceptable method of compliance, the FAA did not intend to 
compel that specific method of compliance. We have therefore revised 
paragraph (l)(2) of this AD to remove the ``airworthiness limitation'' 
restriction and to instead prohibit installation of a chemical oxygen 
generator in a lavatory. We are issuing this AD to correct the unsafe 
condition on certain transport category airplanes.

FAA's Determination

    We are issuing 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 these same type 
designs.

AD Requirements

    This AD continues to require the actions specified in AD 2012-11-
09, Amendment 39-17072 (77 FR 38000, June 26, 2012). This AD clarifies 
a certain restriction by providing a broader method of compliance.

[[Page 44260]]

FAA's Justification and Determination of the Effective Date

    The change provided in this AD clarifies the intent of a certain 
requirement of AD 2012-11-09, Amendment 39-17072 (77 FR 38000, June 26, 
2012), by providing a broader method of compliance for the 
``airworthiness limitation'' restriction described previously. 
Therefore, we find that notice and opportunity for prior public comment 
are unnecessary and that good cause exists for making this amendment 
effective in less than 30 days.

Approval Process for AD Compliance Using Chemical Oxygen Generators 
(COGs)

    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 as methods of compliance 
with this AD. The approval for COG installations will therefore be in 
accordance with a method approved by the FAA as discussed below.

Approval Process for AD Compliance, 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 the requirements of 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 approved.
    For this AD, if the type of system is other than a COG, then we 
have determined that these restrictions could be relaxed. Therefore, 
paragraph (l)(2) of this 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 (l) of this 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 
design approval holders of other countries, this would be the FAA, 
Transport Airplane Directorate (Transport Standards Staff). We 
anticipate that modifications to meet this AD will require either 
supplemental type certificate or amended type certificate approval.

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 
the docket number FAA-2015-2962 and directorate identifier 2015-NM-071-
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.

Costs of Compliance

    We estimate that this AD affects 5,500 airplanes of U.S. registry. 
This new AD imposes no additional economic burden. The current costs 
for this AD are repeated for the convenience of affected operators, as 
follows:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
             Action                  Labor cost       Parts cost      Cost per product    Cost on U.S. operators
----------------------------------------------------------------------------------------------------------------
Activate COG/expend oxygen       Up to 2 work-                  $0  Up to $170..........  Up to $935,000.
 supply [retained actions from    hours x $85 per
 AD 2012-11-09, Amendment 39-     hour = up to
 17072 (77 FR 38000, June 26,     $170.
 2012)].
Oxygen system installation       24 work-hours x            $6,000  $8,040..............  $44,220,000.
 [retained action from AD 2012-   $85 per hour =
 11-09, Amendment 39-17072 (77    $2,040.
 FR 38000, June 26, 2012)].
----------------------------------------------------------------------------------------------------------------

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),

[[Page 44261]]

    (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.

Adoption of the Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA amends part 39 of the Federal Aviation 
Regulations (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 removing Airworthiness Directive (AD) 
2012-11-09, Amendment 39-17072 (77 FR 38000, June 26, 2012), and adding 
the following new AD:

2012-11-09 R1 Transport Category Airplanes: Amendment 39-18221; 
Docket No. FAA-2015-2962; Directorate Identifier 2015-NM-071-AD.

(a) Effective Date

    This AD is effective July 27, 2015.

(b) Affected ADs

    This AD revises AD 2012-11-09, Amendment 39-17072 (77 FR 38000, 
June 26, 2012).

(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 complied 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 part 121 of the Federal Aviation Regulations 
(14 CFR part 121); or
    (ii) U.S. registered and operating under part 129 of the Federal 
Aviation Regulations (14 CFR part 129), with a maximum passenger 
capacity of 20 or greater.

(d) Subject

    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 that could 
jeopardize flight safety and the discovery that certain existing 
requirements could impose an unnecessary burden on operators. 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.

(f) Compliance

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

(g) Retained Requirements for the Oxygen Generator, With No Changes

    This paragraph restates the requirements of paragraph (g) of AD 
2012-11-09, Amendment 39-17072 (77 FR 38000, June 26, 2012), with no 
changes. 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:  Design approval holders are 
not expected to release service instructions for the actions 
specified in paragraph (g) of this AD.

(h) Retained Information About Hazardous Material, With a Change to the 
Identification of the Code of Federal Regulations Citation

    This paragraph restates the information in Note 1 of AD 2011-04-
09, Amendment 39-16630 (76 FR 12556, March 8, 2011), with a change 
to the identification of the Code of Federal Regulations citation. 
Chemical oxygen generators are considered a hazardous material and 
subject to specific requirements under Title 49 of the Code of 
Federal Regulations (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-
467-4922.

(i) Retained Compliance With Federal Aviation Regulations of AD 2011-
04-09, Amendment 39-16630 (76 FR 12556, March 8, 2011), With No Changes

    This paragraph restates the requirements of paragraph (h) of AD 
2011-04-09, Amendment 39-16630 (76 FR 12556, March 8, 2011), with no 
changes. 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 (l) of this AD.

(j) Retained Parts Installation Limitation of AD 2011-04-09, Amendment 
39-16630 (76 FR 12556, March 8, 2011), With No Changes

    This paragraph restates the requirements of paragraph (i) of AD 
2011-04-09, Amendment 39-16630 (76 FR 12556, March 8, 2011), with no 
changes. After March 14, 2011 (the effective date of AD 2011-04-09), 
and until accomplishment of the actions specified in paragraph (l) 
of this AD, no person may install a chemical oxygen generator in any 
lavatory on any affected airplane.

(k) Retained Prohibition of Special Flight Permit of AD 2011-04-09, 
Amendment 39-16630 (76 FR 12556, March 8, 2011), With No Changes

    This paragraph restates the requirements of paragraph (j) of AD 
2011-04-09, Amendment 39-16630 (76 FR 12556, March 8, 2011), with no 
changes. 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.

(l) Retained Oxygen System Restoration, With Revised Restriction in 
Paragraph (l)(2) of This AD With a Change to the Identification of the 
Federal Aviation Regulations Citations in Paragraphs (l)(2) and 
(l)(2)(i) of This AD

    This paragraph restates the requirements of paragraph (l) of AD 
2012-11-09, Amendment 39-17072 (77 FR 38000, June 26, 2012), with a 
revised restriction in paragraph (l)(2) of this AD and with a change 
to the identification of the Federal Aviation Regulations citations 
in paragraphs (l)(2) and (l)(2)(i) of this AD. Within 37 months 
after August 10, 2012 (the effective date of AD 2012-11-09), install 
a supplemental oxygen system that meets all applicable sections of 
parts 25 and 121 of the Federal Aviation Regulations (14 CFR part 25 
and 14 CFR part 121) in each lavatory, as specified in paragraph 
(l)(1) or (l)(2) of this AD, as applicable.
    (1) If compliance with paragraph (l) of this AD is achieved 
using a chemical oxygen generator, the actions specified in 
paragraph (l) 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 (l) of this AD is achieved 
without a chemical oxygen generator, the specifications of 
paragraphs (l)(2)(i) and (l)(2)(ii) of this AD apply. Any repairs or 
alterations to a system installed and approved in accordance with 
this paragraph may be accomplished in accordance with part 43 of the 
Federal Aviation Regulations (14 CFR part 43). The installation of 
chemical oxygen generators is prohibited unless approved in 
accordance with the requirements of paragraph (l)(1) of this AD.
    (i) The modification must receive FAA approval in accordance 
with part 21 of the Federal Aviation Regulations (14 CFR part 21) as 
a major design change. Notwithstanding operations specification

[[Page 44262]]

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.

(m) Retained Minimum Equipment List (MEL) Provisions, With a Change to 
the Identification of the Federal Aviation Regulations Citations

    This paragraph restates the provision specified in paragraph (m) 
of AD 2012-11-09, Amendment 39-17072 (77 FR 38000, June 26, 2012), 
with a change to the identification of the Federal Aviation 
Regulations citations. Notwithstanding the requirements of sections 
121.628(b)(2) and 129.14 of the Federal Aviation Regulations (14 CFR 
121.628(b)(2) and 14 CFR 129.14), the equipment required by 
paragraph (l) of this AD may be included in the MEL, as applicable.

(n) 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 paragraph (o) 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.
    (3) AMOCs approved previously for AD 2012-11-09, Amendment 39-
17072 (77 FR 38000, June 26, 2012), are approved as AMOCs for the 
corresponding provisions of this AD.

(o) 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, WA 
98057-3356; phone: 425-227-2136; fax: 425-227-1149; email: 
[email protected].

(p) Material Incorporated by Reference

    None.

    Issued in Renton, Washington, on July 17, 2015.
Jeffrey E. Duven,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-18155 Filed 7-24-15; 8:45 am]
 BILLING CODE 4910-13-P

Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Rules and Regulations 44259 System bank and association DATES: This AD is effective July 27, 09 also required installing a stockholder voting procedures for 2015. supplemental oxygen system in affected tabulating votes, the use of tellers We must receive any comments on lavatories, which terminated the committees, and other items as this AD by September 10, 2015. requirements of AD 2011–04–09. AD identified. In accordance with 12 U.S.C. ADDRESSES: You may send comments, 2012–11–09 was prompted by reports 2252, the effective date of the final rule using the procedures found in 14 CFR that the design of the oxygen generators is no earlier than 30 days from the date 11.43 and 11.45, by any of the following presented a hazard that could jeopardize of publication in the Federal Register methods: flight safety. We issued AD 2012–11–09 during which either or both Houses of • Federal eRulemaking Portal: Go to to eliminate a hazard that could Congress are in session. Based on the http://www.regulations.gov. Follow the jeopardize flight safety, and to ensure records of the sessions of Congress, the instructions for submitting comments. that all lavatories have a supplemental effective date of the regulations is July • Fax: 202–493–2251. oxygen supply. 27, 2015. • Mail: U.S. Department of Actions Since Issuance of AD 2012–11– (12 U.S.C. 2252(a)(9) and (10)) Transportation, Docket Operations, M– 09, Amendment 39–17072 (77 FR 30, West Building Ground Floor, Room 38000, June 26, 2012) Dated: July 21, 2015. W12–140, 1200 New Jersey Avenue SE., Dale L. Aultman, Washington, DC 20590. Since we issued AD 2012–11–09, Secretary, Farm Credit Administration Board. • Hand Delivery: U.S. Department of Amendment 39–17072 (77 FR 38000, [FR Doc. 2015–18285 Filed 7–24–15; 8:45 am] Transportation, Docket Operations, M– June 26, 2012), we have discovered that BILLING CODE 6705–01–P 30, West Building Ground Floor, Room a certain requirement might have W12–140, 1200 New Jersey Avenue SE., imposed an unnecessary burden on Washington, DC 20590, between 9 a.m. Boeing and operators. Paragraph (l)(2) of and 5 p.m., Monday through Friday, AD 2012–11–09 required adding ‘‘an DEPARTMENT OF TRANSPORTATION except Federal holidays. airworthiness limitation that prohibits Federal Aviation Administration the installation of chemical oxygen Examining the AD Docket generators in lavatories’’ to the 14 CFR Part 39 You may examine the AD docket on operator’s maintenance program, if the Internet at http:// compliance with AD 2012–11–09 was [Docket No. FAA–2015–2962; Directorate www.regulations.gov by searching for shown without a chemical oxygen Identifier 2015–NM–071–AD; Amendment and locating Docket No. FAA–2015– generator. The intent of this provision 39–18221; AD 2012–11–09 R1] was to have a mechanism in place in the 2962; or in person at the Docket RIN 2120–AA64 Management Facility between 9 a.m. operators’ maintenance programs that and 5 p.m., Monday through Friday, prevents the inadvertent reinstallation Airworthiness Directives; Various except Federal holidays. The AD docket of a chemical oxygen generator in a Transport Category Airplanes contains this AD, the regulatory lavatory. evaluation, any comments received, and That use of the term ‘‘airworthiness AGENCY: Federal Aviation limitation’’ could be interpreted as the other information. The street address for Administration (FAA), DOT. Airworthiness Limitations section of the the Docket Office (phone: 800–647– ACTION: Final rule; request for 5527) is in the ADDRESSES section. Instructions for Continued comments. Comments will be available in the AD Airworthiness (ICA), as required by docket shortly after receipt. section 25.1529 of the Federal Aviation SUMMARY: We are revising Airworthiness FOR FURTHER INFORMATION CONTACT: Jeff Regulations (14 CFR 25.1529). While Directive (AD) 2012–11–09 for certain that is an acceptable method of transport category airplanes. AD 2012– Gardlin, Aerospace Engineer, Airframe and Cabin Safety Branch, ANM–115, compliance, the FAA did not intend to 11–09 required either activating all compel that specific method of chemical oxygen generators in the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA compliance. We have therefore revised lavatories until the generator oxygen paragraph (l)(2) of this AD to remove the supply is expended, or removing the 98057–3356; phone: 425–227–2136; fax: 425–227–1149; email: jeff.gardlin@ ‘‘airworthiness limitation’’ restriction oxygen generator(s); and, for each and to instead prohibit installation of a chemical oxygen generator, after the faa.gov. chemical oxygen generator in a lavatory. generator is expended (or removed), SUPPLEMENTARY INFORMATION: We are issuing this AD to correct the removing or restowing the oxygen unsafe condition on certain transport masks and closing the mask dispenser Discussion category airplanes. door. AD 2012–11–09 also required On May 23, 2012, we issued AD installing a supplemental oxygen system 2012–11–09, Amendment 39–17072 (77 FAA’s Determination in affected lavatories, which terminated FR 38000, June 26, 2012), for certain We are issuing this AD because we the requirements of AD 2012–11–09. transport category airplanes. AD 2012– evaluated all the relevant information This AD clarifies a certain restriction by 11–09 superseded AD 2011–04–09, and determined the unsafe condition providing a broader method of Amendment 39–16630 (76 FR 12556, described previously is likely to exist or compliance. This AD was prompted by March 8, 2011). AD 2012–11–09 develop in other products of these same the discovery that the requirement to required either activating all chemical type designs. change the instructions for continued oxygen generators in the lavatories until airworthiness under certain conditions the generator oxygen supply is AD Requirements tkelley on DSK3SPTVN1PROD with RULES may impose an unnecessary burden on expended, or removing the oxygen This AD continues to require the operators. We are issuing this AD to generator(s); and, for each chemical actions specified in AD 2012–11–09, eliminate a hazard that could jeopardize oxygen generator, after the generator is Amendment 39–17072 (77 FR 38000, flight safety, and to ensure that all expended (or removed), removing or June 26, 2012). This AD clarifies a lavatories have a supplemental oxygen restowing the oxygen masks and closing certain restriction by providing a supply. the mask dispenser door. AD 2012–11– broader method of compliance. VerDate Sep<11>2014 16:00 Jul 24, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\27JYR1.SGM 27JYR1

44260 Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Rules and Regulations FAA’s Justification and Determination of compliance is straightforward, and anticipate that modifications to meet of the Effective Date we have determined that the approval this AD will require either supplemental The change provided in this AD method could be more flexible than is type certificate or amended type clarifies the intent of a certain usually the case for an AD. For example, certificate approval. requirement of AD 2012–11–09, delegated organizations cannot normally Comments Invited Amendment 39–17072 (77 FR 38000, make compliance findings for ADs; June 26, 2012), by providing a broader service information associated with ADs This AD is a final rule that involves method of compliance for the must be adhered to exactly, or else an requirements affecting flight safety, and ‘‘airworthiness limitation’’ restriction alternative method of compliance we did not provide you with notice and described previously. Therefore, we find (AMOC) must be approved. an opportunity to provide your that notice and opportunity for prior For this AD, if the type of system is comments before it becomes effective. public comment are unnecessary and other than a COG, then we have However, we invite you to send any that good cause exists for making this determined that these restrictions could written data, views, or arguments about amendment effective in less than 30 be relaxed. Therefore, paragraph (l)(2) of this AD. Send your comments to an days. this AD contains provisions to permit address listed under the ADDRESSES existing approval processes to be used, section. Include the docket number Approval Process for AD Compliance as long as the means of compliance is FAA–2015–2962 and directorate Using Chemical Oxygen Generators other than a COG. This provision takes identifier 2015–NM–071–AD at the (COGs) precedence over current limitations in beginning of your comments. We Because of the issues addressed by operators’ authority to use their specifically invite comments on the AD 2011–04–09, Amendment 39–16630 organizational delegations when overall regulatory, economic, (76 FR 12556, March 8, 2011), COG showing compliance with an AD. In environmental, and energy aspects of installations will require new addition, if an operator uses service this AD. We will consider all comments considerations in order to be found information that is approved for such received by the closing date and may acceptable as methods of compliance installations, deviations from the service amend this AD because of those with this AD. The approval for COG information can be addressed using the comments. installations will therefore be in operator’s normal procedures without We will post all comments we accordance with a method approved by requiring an AMOC. receive, without change, to http:// the FAA as discussed below. www.regulations.gov, including any Oversight Office personal information you provide. We Approval Process for AD Compliance, Paragraph (l) of this AD refers to the will also post a report summarizing each Using Other Systems FAA oversight office responsible for substantive verbal contact we receive Chemical oxygen generators are one approval of modifications used to show about this AD. type of system used to provide compliance. This will typically be the Costs of Compliance supplemental oxygen. While the aircraft certification office having majority of transport category airplanes geographic oversight of the applicant. In We estimate that this AD affects 5,500 use this system in lavatories, there are the case of service instructions from airplanes of U.S. registry. This new AD other systems as well. If another system design approval holders of other imposes no additional economic type is used to meet the requirements of countries, this would be the FAA, burden. The current costs for this AD this AD, the original unsafe condition is Transport Airplane Directorate are repeated for the convenience of not a concern. In that case, the means (Transport Standards Staff). We affected operators, as follows: ESTIMATED COSTS Cost per Cost on U.S. Action Labor cost Parts cost product operators Activate COG/expend oxygen supply [retained actions from Up to 2 work-hours × $85 per $0 Up to $170 ..... Up to $935,000. AD 2012–11–09, Amendment 39–17072 (77 FR 38000, hour = up to $170. June 26, 2012)]. Oxygen system installation [retained action from AD 2012– 24 work-hours × $85 per $6,000 $8,040 ............ $44,220,000. 11–09, Amendment 39–17072 (77 FR 38000, June 26, hour = $2,040. 2012)]. Authority for This Rulemaking promoting safe flight of civil aircraft in 13132. This AD will not have a Title 49 of the United States Code air commerce by prescribing regulations substantial direct effect on the States, on specifies the FAA’s authority to issue for practices, methods, and procedures the relationship between the national rules on aviation safety. Subtitle I, the Administrator finds necessary for government and the States, or on the Section 106, describes the authority of safety in air commerce. This regulation distribution of power and the FAA Administrator. Subtitle VII, is within the scope of that authority responsibilities among the various Aviation Programs, describes in more because it addresses an unsafe condition levels of government. detail the scope of the Agency’s that is likely to exist or develop on For the reasons discussed above, I tkelley on DSK3SPTVN1PROD with RULES authority. products identified in this rulemaking certify that this AD: We are issuing this rulemaking under action. (1) Is not a ‘‘significant regulatory the authority described in Subtitle VII, Regulatory Findings action’’ under Executive Order 12866, Part A, Subpart III, Section 44701, (2) Is not a ‘‘significant rule’’ under ‘‘General requirements.’’ Under that This AD will not have federalism DOT Regulatory Policies and Procedures section, Congress charges the FAA with implications under Executive Order (44 FR 11034, February 26, 1979), VerDate Sep<11>2014 16:00 Jul 24, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\27JYR1.SGM 27JYR1

Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Rules and Regulations 44261 (3) Will not affect intrastate aviation that could jeopardize flight safety and the (j) Retained Parts Installation Limitation of in Alaska, and discovery that certain existing requirements AD 2011–04–09, Amendment 39–16630 (76 (4) Will not have a significant could impose an unnecessary burden on FR 12556, March 8, 2011), With No Changes economic impact, positive or negative, operators. We are issuing this AD to This paragraph restates the requirements of on a substantial number of small entities eliminate a hazard that could jeopardize paragraph (i) of AD 2011–04–09, Amendment flight safety, and to ensure that all lavatories 39–16630 (76 FR 12556, March 8, 2011), with under the criteria of the Regulatory have a supplemental oxygen supply. no changes. After March 14, 2011 (the Flexibility Act. effective date of AD 2011–04–09), and until (f) Compliance List of Subjects in 14 CFR Part 39 accomplishment of the actions specified in Comply with this AD within the paragraph (l) of this AD, no person may Air transportation, Aircraft, Aviation compliance times specified, unless already install a chemical oxygen generator in any safety, Incorporation by reference, done. lavatory on any affected airplane. Safety. (g) Retained Requirements for the Oxygen (k) Retained Prohibition of Special Flight Adoption of the Amendment Generator, With No Changes Permit of AD 2011–04–09, Amendment 39– Accordingly, under the authority This paragraph restates the requirements of 16630 (76 FR 12556, March 8, 2011), With paragraph (g) of AD 2012–11–09, No Changes delegated to me by the Administrator, the FAA amends part 39 of the Federal Amendment 39–17072 (77 FR 38000, June This paragraph restates the requirements of 26, 2012), with no changes. Within 21 days paragraph (j) of AD 2011–04–09, Amendment Aviation Regulations (14 CFR part 39) as after March 14, 2011 (the effective date of AD 39–16630 (76 FR 12556, March 8, 2011), with follows: 2011–04–09, Amendment 39–16630 (76 FR no changes. Special flight permits, as 12556, March 8, 2011)), do the actions described in section 21.197 and section PART 39—AIRWORTHINESS specified in paragraphs (g)(1) and (g)(2) of 21.199 of the Federal Aviation Regulations DIRECTIVES this AD. (14 CFR 21.197 and 21.199), are not allowed (1) Activate all chemical oxygen generators for the accomplishment of the actions ■ 1. The authority citation for part 39 in the lavatories until the generator oxygen specified in paragraph (g) of this AD. continues to read as follows: supply is expended. An operator may also (l) Retained Oxygen System Restoration, Authority: 49 U.S.C. 106(g), 40113, 44701. remove the oxygen generator(s), in With Revised Restriction in Paragraph (l)(2) accordance with existing maintenance of This AD With a Change to the § 39.13 [Amended] practice, in lieu of activating it. Identification of the Federal Aviation ■ 2. The FAA amends § 39.13 by (2) For each chemical oxygen generator, Regulations Citations in Paragraphs (l)(2) removing Airworthiness Directive (AD) after the generator is expended (or removed), and (l)(2)(i) of This AD remove or re-stow the oxygen masks and 2012–11–09, Amendment 39–17072 (77 This paragraph restates the requirements of close the mask dispenser door. FR 38000, June 26, 2012), and adding paragraph (l) of AD 2012–11–09, Amendment Note 1 to paragraph (g) of this AD: Design the following new AD: 39–17072 (77 FR 38000, June 26, 2012), with approval holders are not expected to release a revised restriction in paragraph (l)(2) of this 2012–11–09 R1 Transport Category service instructions for the actions specified AD and with a change to the identification Airplanes: Amendment 39–18221; in paragraph (g) of this AD. of the Federal Aviation Regulations citations Docket No. FAA–2015–2962; Directorate in paragraphs (l)(2) and (l)(2)(i) of this AD. Identifier 2015–NM–071–AD. (h) Retained Information About Hazardous Within 37 months after August 10, 2012 (the Material, With a Change to the Identification (a) Effective Date effective date of AD 2012–11–09), install a of the Code of Federal Regulations Citation supplemental oxygen system that meets all This AD is effective July 27, 2015. This paragraph restates the information in applicable sections of parts 25 and 121 of the (b) Affected ADs Note 1 of AD 2011–04–09, Amendment 39– Federal Aviation Regulations (14 CFR part 25 16630 (76 FR 12556, March 8, 2011), with a and 14 CFR part 121) in each lavatory, as This AD revises AD 2012–11–09, change to the identification of the Code of specified in paragraph (l)(1) or (l)(2) of this Amendment 39–17072 (77 FR 38000, June Federal Regulations citation. Chemical AD, as applicable. 26, 2012). oxygen generators are considered a (1) If compliance with paragraph (l) of this (c) Applicability hazardous material and subject to specific AD is achieved using a chemical oxygen This AD applies to transport category requirements under Title 49 of the Code of generator, the actions specified in paragraph airplanes, in passenger-carrying operations, Federal Regulations (49 CFR) for shipping. (l) of this AD must be done in accordance as specified in paragraph (c)(1) or (c)(2) of Oxygen generators must be expended prior to with a method approved by the Manager of this AD. disposal but are considered a hazardous the responsible FAA oversight office having (1) Airplanes that complied with the waste; therefore, disposal must be in responsibility over the modification. For a requirements of AD 2011–04–09, accordance with all Federal, State, and local method to be approved, it must meet the Amendment 39–16630 (76 FR 12556, March regulations. Expended oxygen generators are certification basis of the airplane, and the 8, 2011). forbidden in air transportation as cargo. For approval must specifically refer to this AD. (2) Airplanes equipped with any chemical more information, contact 1–800–467–4922. (2) If compliance with paragraph (l) of this oxygen generator installed in any lavatory AD is achieved without a chemical oxygen (i) Retained Compliance With Federal and are: generator, the specifications of paragraphs Aviation Regulations of AD 2011–04–09, (i) Operating under part 121 of the Federal (l)(2)(i) and (l)(2)(ii) of this AD apply. Any Amendment 39–16630 (76 FR 12556, March Aviation Regulations (14 CFR part 121); or repairs or alterations to a system installed 8, 2011), With No Changes (ii) U.S. registered and operating under and approved in accordance with this part 129 of the Federal Aviation Regulations This paragraph restates the requirements of paragraph may be accomplished in (14 CFR part 129), with a maximum paragraph (h) of AD 2011–04–09, accordance with part 43 of the Federal passenger capacity of 20 or greater. Amendment 39–16630 (76 FR 12556, March Aviation Regulations (14 CFR part 43). The 8, 2011), with no changes. Notwithstanding installation of chemical oxygen generators is (d) Subject the requirements of sections 25.1447, prohibited unless approved in accordance tkelley on DSK3SPTVN1PROD with RULES Air Transport Association (ATA) of 121.329, 121.333, and 129.13 of the Federal with the requirements of paragraph (l)(1) of America Code 35, Oxygen. Aviation Regulations (14 CFR 25.1447, this AD. 121.329, 121.333, and 129.13), operators (i) The modification must receive FAA (e) Unsafe Condition complying with this AD are authorized to approval in accordance with part 21 of the This AD was prompted by the operate affected airplanes until Federal Aviation Regulations (14 CFR part determination that the current design of accomplishment of the actions specified in 21) as a major design change. chemical oxygen generators presents a hazard paragraph (l) of this AD. Notwithstanding operations specification VerDate Sep<11>2014 16:00 Jul 24, 2015 Jkt 235001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\27JYR1.SGM 27JYR1

44262 Federal Register / Vol. 80, No. 143 / Monday, July 27, 2015 / Rules and Regulations restrictions to the contrary, organizational CONSUMER PRODUCT SAFETY upon noncompliance with specific approval holders may exercise their full COMMISSION product characteristics that are authority in approving installations that meet addressed in an effective voluntary the installation requirements of this AD. 16 CFR Part 1120 standard. For the Commission to issue (ii) Deviation from approved service a 15(j) rule, the product characteristics [CPSC Docket No. CPSC–2015–0003] instructions and subsequent modifications involved must be ‘‘readily observable’’ may be handled by normal operator Substantial Product Hazard List: and have been addressed by a voluntary procedures without requiring approval of an Extension Cords standard. Moreover, the voluntary alternative method of compliance. standard must be effective in reducing AGENCY: Consumer Product Safety the risk of injury associated with the (m) Retained Minimum Equipment List Commission. (MEL) Provisions, With a Change to the consumer products, and there must be Identification of the Federal Aviation ACTION: Final rule. substantial compliance with the Regulations Citations SUMMARY: The Consumer Product Safety voluntary standard. This paragraph restates the provision Commission (‘‘CPSC’’ or ‘‘Commission’’) B. Background specified in paragraph (m) of AD 2012–11– is issuing a final rule to specify that 09, Amendment 39–17072 (77 FR 38000, On February 3, 2015, the Commission extension cords (both indoor and June 26, 2012), with a change to the issued a notice of proposed rulemaking outdoor use extension cords) that do not identification of the Federal Aviation (‘‘NPR’’) in the Federal Register to contain one or more of five applicable Regulations citations. Notwithstanding the amend the substantial product hazard readily observable characteristics set requirements of sections 121.628(b)(2) and list in 16 CFR part 1120 (‘‘part 1120’’) forth in the rule, as addressed in a 129.14 of the Federal Aviation Regulations to add extension cords that lack certain voluntary standard, are deemed a (14 CFR 121.628(b)(2) and 14 CFR 129.14), readily observable safety characteristics substantial product hazard under the the equipment required by paragraph (l) of addressed by a voluntary standard Consumer Product Safety Act (‘‘CPSA’’). this AD may be included in the MEL, as because such products pose a risk of DATES: Effective Date: The rule takes electrical shock or fire. 80 FR 5701. The applicable. effect on August 26, 2015. The comment period on the proposed rule (n) Alternative Methods of Compliance incorporation by reference of the closed on April 20, 2015. As detailed in (AMOCs) publication listed in this rule is section II of this preamble, the (1) The Manager, Transport Standards approved by the Director of the Federal Commission received four comments on Staff, ANM–110, FAA, has the authority to Register as of August 26, 2015. the proposed rule, covering three issues. approve AMOCs for this AD, if requested FOR FURTHER INFORMATION CONTACT: The Commission is now issuing a using the procedures found in 14 CFR 39.19. Mary Kroh, Office of Compliance and final rule to amend part 1120 by adding In accordance with 14 CFR 39.19, send your Field Operations, Consumer Product four readily observable characteristics request to your principal inspector or local Safety Commission, 4330 East West that apply to all general-use extension Flight Standards District Office, as Highway, Bethesda, MD 20814; cords (indoor and outdoor extension appropriate. If sending information directly telephone: 301–504–7886; mkroh@ cords, including indoor seasonal to the manager of the Transport Standards cpsc.gov. extension cords): Staff, send it to the attention of the person SUPPLEMENTARY INFORMATION: (1) Minimum wire size; identified in paragraph (o) of this AD. (2) sufficient strain relief; (2) Before using any approved AMOC, I. Background and Statutory Authority (3) proper polarity; and notify your appropriate principal inspector, A. Statutory Authority (4) proper continuity. or lacking a principal inspector, the manager Additionally, the final rule includes of the local flight standards district office/ Section 223 of the Consumer Product one characteristic, outlet covers, that certificate holding district office. Safety Improvement Act of 2008 applies to 2-wire indoor extension (3) AMOCs approved previously for AD (‘‘CPSIA’’), amended section 15 of the cords, and one characteristic, jacketed 2012–11–09, Amendment 39–17072 (77 FR CPSA, 15 U.S.C. 2064, to add a new cord, that applies to outdoor extension 38000, June 26, 2012), are approved as subsection (j). Section 15(j) of the CPSA cords. Accordingly, as of the effective AMOCs for the corresponding provisions of provides the Commission with the date of this rule, extension cords within this AD. authority to specify, by rule, for any the scope of the rule that do not consumer product or class of consumer conform to all five applicable (o) Related Information products, characteristics whose characteristics described in the For more information about this AD, existence or absence are deemed a voluntary standard, Underwriters contact Jeff Gardlin, Aerospace Engineer, substantial product hazard under Laboratories (‘‘UL’’), Standard for Cord Airframe and Cabin Safety Branch, ANM– section 15(a)(2) of the CPSA. Section Sets and Power-Supply Cords, UL 817, 115, FAA, Transport Airplane Directorate, 15(a)(2) of the CPSA defines a 11th Edition, dated March 16, 2001, as 1601 Lind Avenue SW., Renton, WA 98057– ‘‘substantial product hazard,’’ in revised through February 3, 2014 (‘‘UL 3356; phone: 425–227–2136; fax: 425–227– relevant part, as a product defect which 817’’) will constitute a substantial 1149; email: jeff.gardlin@faa.gov. (because of the pattern of defect, the product hazard.1 Nonconforming (p) Material Incorporated by Reference number of defective products extension cords are deemed to create a distributed in commerce, the severity of substantial product hazard under None. the risk, or otherwise) creates a section 15(a)(2) of the CPSA because Issued in Renton, Washington, on July 17, substantial risk of injury to the public. such products pose a risk of electrical 2015. A rule under section 15(j) of the CPSA shock or fire. tkelley on DSK3SPTVN1PROD with RULES Jeffrey E. Duven, (a ‘‘15(j) rule’’) is not a consumer The Commission is finalizing the rule Manager, Transport Airplane Directorate, product safety rule that imposes with two minor clarifications as Aircraft Certification Service. performance or labeling requirements recommended by CPSC staff. First, the [FR Doc. 2015–18155 Filed 7–24–15; 8:45 am] for newly manufactured products. Rather, a 15(j) rule is a Commission 1 The UL mark and logo are trademarks of BILLING CODE 4910–13–P determination of a product defect, based Underwriters Laboratories, Inc. VerDate Sep<11>2014 16:00 Jul 24, 2015 Jkt 235001 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 E:\FR\FM\27JYR1.SGM 27JYR1


Document Created: 2018-02-23 09:26:32
Document Modified: 2018-02-23 09:26:32
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule; request for comments.
DatesThis AD is effective July 27, 2015.
ContactJeff Gardlin, Aerospace Engineer, Airframe and Cabin Safety Branch, ANM-115, FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA 98057-3356; phone: 425- 227-2136; fax: 425-227-1149; email: [email protected]
FR Citation80 FR 44259 
RIN Number2120-AA64
CFR AssociatedAir Transportation; Aircraft; Aviation Safety; Incorporation by Reference and Safety
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