AD Amdt-39-18221

[Federal Register Volume 80, Number 143 (Monday, July 27, 2015)]
[Rules and Regulations]
[Pages 44259-44262]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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:
    <bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the instructions for submitting comments.
    <bullet> Fax: 202-493-2251.
    <bullet> 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.
    <bullet> 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 <a href="http://www.regulations.gov">http://www.regulations.gov</a> 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: <a href="/cdn-cgi/l/email-protection#2f454a494901484e5d4b4346416f494e4e01484059"><span class="__cf_email__" data-cfemail="f19b949797df969083959d989fb1979090df969e87">[email&#160;protected]</span></a>.

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 <a href="http://www.regulations.gov">http://www.regulations.gov</a>, 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
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             Action                  Labor cost       Parts cost      Cost per product    Cost on U.S. operators
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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)].
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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

    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: 
<a href="/cdn-cgi/l/email-protection#e8828d8e8ec68f899a8c848186a88e8989c68f879e"><span class="__cf_email__" data-cfemail="dab0bfbcbcf4bdbba8beb6b3b49abcbbbbf4bdb5ac">[email&#160;protected]</span></a>.

(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