Airworthiness Directives; Various Transport Category Airplanes Equipped With Chemical Oxygen Generators Installed in a Lavatory
[Federal Register Volume 76, Number 45 (Tuesday, March
[Rules and Regulations]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5292]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2011-0157; Directorate Identifier 2010-NM-261-AD; Amendment 39-16630;
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.
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
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.
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.
? Hand Delivery:
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
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 email@example.com; 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;
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
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.
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.
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.
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.
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 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
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
Action by the State
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
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
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.
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
List of Subjects in 14 CFR Part 39
Aircraft, Aviation safety, Incorporation by reference, Safety.
Adoption of the Amendment
the authority delegated to me by the Administrator, the FAA amends 14
CFR part 39 as follows:
PART 39?AIRWORTHINESS DIRECTIVES
1. The authority citation for part 39 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
? 39.13 [Amended]
2. The FAA amends ? 39.13 by adding the following new airworthiness directive (AD):
Transport Category Airplanes: Amendment 39-16630. Docket No.
FAA-2011-0157; Directorate Identifier 2010-NM-261-AD.
(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.
(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
and operating under 14 CFR part 129, with a maximum passenger capacity
of 20 or greater.
(d) Joint Aircraft
System Component (JASC)/Air Transport Association (ATA) of
(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.
(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.
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.
information, contact 1-800-HMR-4922.
Note 2: Design
approval holders are not expected to release service instructions for
Compliance with Federal Aviation Regulations
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.
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