system is returned to unrestricted public access.
    For instance, when the initial corrective action disinfection and
flushing is conducted in response to a routine total coliform-positive
sample result that is E. coli-negative, or there is a failure to
perform required actions as a result of non-fecal events, public
notification may cease when the aircraft water system is disinfected
and flushed and follow-up samples have been collected. At this time,
the water system may be returned to unrestricted public access;
however, when corrective action disinfection and flushing is conducted
more than once (i.e., disinfection and flushing is conducted in
response to a follow-up sample that is total coliform-positive and E.
coli-negative), public access restrictions, including public
notification, must remain in-place until a later set of follow-up
samples is total coliform-negative.
    If initial corrective action disinfection and flushing is conducted
as a result of an E. coli-positive sample result, or a failure to
perform required actions as a result of fecal events, public access
restrictions, including public notification, must remain in-place until
a complete set of follow-up samples is total coliform-negative (not
just until they are collected and sent for analysis, as in the case
where the corrective action is triggered by a total coliform-positive
but E. coli-negative sample).
    In both cases, when public access is restricted due to an E. coli-
positive sample or a total coliform-positive sample that is E. coli-
negative, if the air carrier can shut off the water system or restrict
the flow of water through the taps, then public notification need only
be conducted for the crew and not to the passengers.
4. Type of Notice Required When Public Access Is Restricted
    Commenters noted that the public notification requirements in the
proposed rule were confusing, and it was difficult to determine which
requirements were applicable in situations where public access was
restricted. In the final rule, the Agency better aligns the public
notification requirements based on three categories: sample results
(i.e., a total coliform-positive and E. coli-negative result or an E.
coli-positive result), non-fecal occurrence failures and events (e.g.,
failure to conduct repeat sampling), and fecal occurrence failures and
events (e.g., failure to collect follow-up samples after the aircraft
water system tests positive for E. coli, or the air carrier becomes
aware that E. coli-positive water was boarded from a watering point not
in accordance with FDA regulations, etc.).
    In today's rule, EPA makes clear for all three public notification
categories that if the aircraft water system can be physically
disconnected, shut-off, or the flow of water is prevented through the
taps, air carriers are required to provide public notification to the
crew only. However, if the aircraft water system cannot be physically
disconnected, shut-off, or the flow of water cannot be prevented
through the taps, air carriers are required to provide public
notification to passengers and crew. This is allowable for all three
public notification categories.
    In addition, today's rule requires that when an air carrier becomes
aware that unsafe water was boarded, the public notice must include
when and where the unsafe water was boarded. For the purpose of this
requirement, unsafe water includes water that was boarded from a
watering point not in accordance with FDA regulations (21 CFR part 1240
subpart E), or water that does not meet NPDWRs applicable to TNCWSs, or
water that is otherwise determined to be unsafe due to non-compliance
with the procedures specified in Sec.  141.804(b)(6).
5. Standard Health Effects Language
    Due to the removal of fecal coliforms as a fecal indicator (as
discussed in section IV.C Responses to Sample Results), all references
to ``fecal coliforms'' have been removed from the health effects
language. In addition, in order to better align the health effects
language in Sec.  141.805 to the restructured corrective action
requirements in Sec.  141.803, the Agency clarified that there is
specific health effects language applicable when public notification is
triggered by an E. coli-positive sample result, a sample result that is
total coliform-positive and E. coli-negative, or a non-fecal occurrence
failure or event. In addition, new health effects language was added
when public notification is triggered by a fecal occurrence failure or
event.
    The specific health effects language was also revised to conform to
revisions to Sec.  141.804. In the final rule, the watering point
statement reads, ``Water was boarded from a watering point not in
accordance with FDA regulations,'' rather than, ``Water was boarded
from a watering point not approved by FDA.''

H. Reporting Requirements (Sec.  141.806)

    EPA proposed that air carriers report the following to the
Administrator within six months of publication of the final rule in the
Federal Register:
     That a coliform sampling plan was developed for each
existing aircraft;
     The frequency for routine coliform sampling identified in
the coliform sampling plan developed for each existing aircraft; and
     That an operations and maintenance plan was developed for
each existing aircraft.
    The Agency received several comments requesting that the compliance
date be extended in order to allow for more time for air carriers to

restructure maintenance programs between the AOCs and the final rule.
EPA agrees that more time may be needed for air carriers to comply with
these reporting requirements. Therefore, today's rule requires that air
carries comply with these requirements 18 months after publication of
the final rule. The comments and the Agency's response are explained in
more detail in section IV.L of this notice.
    EPA proposed that air carriers report a complete inventory of
aircraft that are public water systems within six months of publication
of the final rule. However, the Agency received several comments
requesting that this compliance date be extended. EPA agrees that more
time may be needed for air carriers to report a complete inventory of
aircraft that are public water systems. Therefore, today's final rule
extends the compliance date for development and reporting of the
inventory to 18 months after publication of the final rule. The
comments and the Agency's response are explained in more detail in
section IV.L of this notice.
    The Agency received comments requesting clarification on the
aircraft inventory requirement to report changes in an aircraft's
status from active to inactive or vice versa. In the final rule, EPA
clarifies that active or inactive status refers to the aircraft's
status as an aircraft water system. Thus, an aircraft that meets the
definition of an aircraft water system is considered ``active,'' while
one that does not meet this definition is considered ``inactive.'' For
example, an aircraft may be considered ``inactive'' in situations where
an aircraft is out of passenger service for extended maintenance, or
where an aircraft is in passenger service, but flying strictly
international routes where SDWA does not apply. Therefore, in the final
rule, the Agency clarifies that air carriers must report, no later than
10 days following the calendar month in which the change occurred, the
status, or the change in status, of any aircraft as an aircraft water
system as defined in Sec.  141.801.
    In addition, EPA corrects the final rule by adding Sec.
141.806(b)(2)(iv). This paragraph requires air carriers to report
changes in the ability to physically shut off or disconnect the water
system. This requirement was referred to in the preamble of the
proposed rule, but omitted from the rule text. Restoring this
requirement to the rule eliminates the inconsistency.
    The Agency received comments that the proposed rule was unclear as
to whether and how air carriers could amend their operations and
maintenance plans or their coliform sampling plans. In the final rule,
EPA addresses this concern by amending the final rule in several
places, including by adding paragraph Sec.  141.806(b)(6). This
paragraph requires that the new frequency be reported to the
Administrator no later than 10 days following the calendar month in
which the change occurred. It also requires that these changes be
included in the aircraft water system operations and maintenance plan
that is included in the air carrier operations and maintenance program
accepted by FAA.
    In the proposed rule, the Agency noted for each aircraft water
system the air carriers must include the routine disinfection and
flushing frequency in the operations and maintenance plan, and air
carriers must keep records of disinfection and flushing events.
However, the Agency did not specifically note under Sec.  141.806 that
disinfection and flushing events must be reported to the Administrator.
Since the Agency's intent included reporting disinfection and flushing
events to the Administrator, the following was added to Sec.  141.806
Reporting Requirements for consistency and clarification:
     For each existing aircraft water system, the air carrier
must report to the Administrator the frequency for routine disinfection
and flushing by 18 months after the final rule is published.
     For each new aircraft water system, the air carrier must
report the frequency for routine disinfection and flushing, within the
first calendar quarter of initial operation of the aircraft.
     Routine disinfection and flushing events must be reported
no later than 10 calendar days following the disinfection and flushing
period in which the disinfection and flushing occurred (e.g.,
quarterly, semi-annually).
     Changes to the disinfection and flushing frequencies must
be reported no later than 10 days following the calendar month in which
the change occurred.

In addition, the final rule further clarifies the Agency's intent to
require reporting of all events that require non-routine sampling.

I. Recordkeeping Requirements (Sec.  141.807)

    In both the proposed rule and today's final rule, EPA requires that
air carriers retain certain information for the aircraft water systems
that they own or operate. The following is a discussion of
recordkeeping requirements for which EPA received comment and/or made
changes to the final rule.
    In the proposed rule, the Agency did not specify the types of
records related to disinfection and flushing and self-inspections that
must be kept in order to meet the recordkeeping requirements. One
commenter suggested that air carriers be required to ``keep records
confirming performance of required disinfection'' and ``keep records
confirming performance of self-inspections.'' In general, the commenter
stated that requiring air carriers to keep more detailed records does
not conform with current FAA-supervised maintenance activities, and
adds unnecessary burdens and confusion with respect to compliance with
the requirements.
    EPA disagrees with amending these paragraphs in the manner
suggested in the comments because the Agency considers these
requirements to be the minimum necessary to ensure accountability and
facilitate regulatory oversight to ensure compliance with the rule. In
addition, EPA believes that detailed records of self-inspections are
necessary to inform the Agency about the condition of the water system
components at the time of the inspection and any deficiencies
identified during the inspection. A record simply confirming
performance of a self-inspection would not be sufficient. While EPA
disagrees with amending this paragraph in the manner suggested in the
comments, the Agency believes that adding more specificity to these
recordkeeping requirements will help to avoid confusion with respect to
compliance. Therefore, in today's rule, the Agency clarified this
section by adding that at a minimum, records of disinfection and
flushing must include the following: Date and time of the disinfection
and flushing, and the type of disinfection and flushing (i.e., routine
or corrective action). The recordkeeping requirements for self-
inspections were also amended to align with existing recordkeeping
requirements for sanitary surveys conducted by owners and operators of
stationary public water systems. In the final rule, at a minimum,
records of self-inspection must include the following: Completion date
of the self-inspection, and copies of any written reports, summaries or
communications related to the self-inspection.
    In the proposed rule, air carriers were required to keep public
notices to passengers and crew for at least three years after issuance.
However, the Agency received comments requesting that EPA amend the
proposed rule to require air carriers to merely ``keep a record of
notices to passengers and crew'' because the requirement to keep
physical notices would be operationally difficult for air carriers. EPA
disagrees

with amending this paragraph in the manner suggested in the comments
because the Agency believes a copy of the physical notice is necessary
to allow the Agency to determine compliance with the public
notification requirements of this rule. In addition, EPA does not
believe that this requirement is burdensome or operationally difficult
because the copies need not be in paper format. Air carriers may keep
electronic copies of these notices in lieu of paper copies. Thus, in
the final rule, EPA clarifies that the air carrier must keep copies of
the public notices given to passengers and crew.

J. Audit and Self-Inspection Requirements (Sec.  141.808)

    In place of the sanitary survey that is required every five years
for other transient non-community public water systems using surface
water, the proposed and final rules require that a self-inspection be
conducted by the air carrier for each aircraft water system no less
frequently than once every five calendar years. An inspection of the
entire aircraft water system need not be completed in one day; the air
carrier need only ensure that all water system components are inspected
once every five calendar years.

K. Violations (Sec.  141.810)

    The Agency received several comments on the proposed rule stating
that the notification requirements in Sec.  141.810 conflict with the
notification requirements proposed in Sec.  141.805, and that to avoid
confusion and inconsistency, EPA should delete the public notification
requirements in this section or make conforming changes to both
sections. EPA agrees that the reference to public notification
requirements in this section is confusing and inconsistent with Sec.
141.805. Therefore, as noted previously, EPA removed all references to
public notification from Sec.  141.810 and made conforming changes to
Sec.  141.805.
    In addition, due to the removal of fecal coliforms as a fecal
indicator (as discussed in section IV.C Responses to Sample Results),
all references to fecal coliforms have been removed from the violations
to conform with the revision. Other than the changes mentioned here,
the specific violations remain the same in the final rule.

L. Compliance Date

    In the proposed rule, air carriers would be required to comply with
the rule within six months from the date of publication for several
reporting and planning requirements, and 12 months from the date of
publication for the rest of the rule requirements. While SDWA section
1412(b)(10) generally requires a three-year delay before new or amended
rules are effective, that provision also authorizes EPA to set an
earlier compliance date if the Agency determines that the earlier date
is practicable. At the time of the proposal the Agency believed these
dates were practicable because EPA will implement the rule, making it
unnecessary to allow time for States to obtain enforcement authority
prior to implementation of the rule. In addition, most air carriers are
currently under AOCs which have similar requirements to this rule.
Thus, EPA believed complying with the ADWR should not require
significant changes in terms of operations and maintenance procedures.
However, the Agency received several comments requesting that the
compliance dates be extended to be more consistent with the three-year
compliance date for new or revised NPDWRs under SDWA (section
1412(b)(10)). Also, some commenters expressed concern that the six-
month compliance date would be impracticable because air carriers need
more time to restructure maintenance programs between the AOCs and the
final ADWR. Commenters suggested compliance dates of 18 months from the
date of publication for the reporting and planning requirements, and 24
months from the date of publication for the rest of the rule.
    The Agency agrees that the original timeline for compliance in the
proposed rule may be too short for some air carriers to meet, and more
time may be needed for air carriers to comply with the requirements of
the final rule. Therefore, today's rule requires air carriers to comply
with the requirements of the rule within 18 months from the date of
publication for the reporting and planning requirements and 24 months
from the date of publication for the rest of the rule requirements (see
Table IV-3). The 18-month compliance date applies to the following:
     Develop a coliform sampling plan for existing aircraft and
report to EPA that the plans were developed;
     Report the coliform sampling frequency included in the
coliform sampling plans;
     Develop an Aircraft Water System Operations and
Maintenance Plan for existing aircraft and report to EPA that the plans
were developed;
     Report a complete inventory of existing aircraft water
systems.

                                   Table IV-3--Compliance and Reporting Dates
----------------------------------------------------------------------------------------------------------------
                                                                                Within 10 days
                                                 Within the       Within the     following the     Beginning 24
                                              first 18 months   first calendar   calendar month    months after
                 Requirement                     following        quarter of      in which the    publication of
                                               publication of      initial           change       the final rule
                                               the final rule     operation         occurred
----------------------------------------------------------------------------------------------------------------
Aircraft Water System Operations and
 Maintenance Plan:
    Existing \1\ Aircraft--develop the plan                X   ...............  ...............  ...............
     and report that it has been developed..
    New \2\ Aircraft--develop the plan and    ...............               X   ...............  ...............
     report that it has been developed......
Aircraft Coliform Sampling Plan:
    Existing \1\ Aircraft--develop the plan                X   ...............  ...............  ...............
     and report that it has been developed..
    New \2\ Aircraft--develop the plan and    ...............               X   ...............  ...............
     report that it has been developed......
Aircraft Frequency of Coliform Sampling and
 Routine Disinfection and Flushing:
    Existing \1\Aircraft--report the routine               X   ...............  ...............  ...............
     frequency..............................
    New \2\ Aircraft--report the routine      ...............               X   ...............  ...............
     frequency..............................
    Report any change \3\ in routine          ...............  ...............               X   ...............
     frequency..............................
Aircraft Inventory:
    Existing Aircraft--report the inventory.               X   ...............  ...............  ...............

    Report any change \3\ to aircraft         ...............  ...............               X   ...............
     inventory..............................
Aircraft Routine Requirements:
    Conduct routine monitoring..............  ...............  ...............  ...............               X
    Conduct routine disinfection and          ...............  ...............  ...............               X
     flushing...............................
----------------------------------------------------------------------------------------------------------------
\1\ Existing Aircraft: means any aircraft that is in operation when the final rule is published or is brought
  into operation within the first 18 months after the final rule is published.
\2\ New Aircraft: means any aircraft that is brought into operation after the 18th month following publication
  of the final rule.
\3\ Any changes made after the 18th month following publication of the final rule.

V. Cost Analysis

    In estimating the costs of this rule, EPA considered impacts on
aircraft water systems and air carriers, air carrier passengers, as
well as Agency costs for rule implementation. Agency costs are included
in lieu of State costs because implementation of the ADWR is the
responsibility of EPA as a regulation applicable only to aircraft water
systems. EPA also considered certain aspects of the ADWR that are non-
quantified costs and that contribute to uncertainties in the cost
estimates.

A. National Cost Estimates

    EPA estimates that the total annualized implementation cost to the
air carriers of carrying out the activities required in this ADWR is
$7.04 million at a 3 percent discount rate and $6.95 million at a 7
percent discount rate. Table V-1 presents the itemized and total
annualized implementation costs to air carriers (airlines) and EPA for
the ADWR at 3 and 7 percent discount rates. Unit costs were multiplied
by the number of air carriers or aircraft performing each requirement
of the final rule, and results were summed for all components.

                                    Table V-1--Total Annualized Present Value Implementation Costs for the Final ADWR
                                                                   [$Millions, 2008$]
--------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                           Air carriers       Agency           Total       Air carriers       Agency           Total
                                                         -----------------------------------------------------------------------------------------------
                                                                                3%
                                                                                7%
--------------------------------------------------------------------------------------------------------------------------------------------------------
Implementation..........................................          $0.002           $0.01           $0.01          $0.004           $0.01           $0.02
Annual Administration...................................  ..............            0.24            0.24  ..............            0.23            0.23
Sampling Plan...........................................           0.002           0.001           0.002           0.002           0.001           0.003
O&M Plan................................................            0.01          0.0001            0.01            0.02          0.0001            0.02
Coliform Monitoring.....................................            4.89            0.04            4.93            4.82            0.04            4.86
Routine Disinfection and Flushing.......................            2.08  ..............            2.08            2.05  ..............            2.05
Corrective Action Disinfection and Flushing.............            0.05  ..............            0.05            0.05  ..............            0.05
Compliance Audit........................................            0.01            0.01            0.02            0.01            0.01            0.02
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................            7.04            0.30            7.34            6.95            0.30            7.25
--------------------------------------------------------------------------------------------------------------------------------------------------------

    As discussed more fully in the preamble for the proposed rule (73
FR 19337), EPA notes that the cost of the proposed ADWR was
significantly less than the current regulatory requirements of the
NPDWRs. The current NPDWR requirements, considered to be the baseline
against which to compare the set of regulatory requirements of the
ADWR, would continue to apply to the aircraft water system industry if
the requirements of the ADWR were not promulgated. The reduction in
cost (i.e., the incremental savings of the ADWR compared to the
regulatory baseline) is the result of tailoring the current regulations
for transient non-community public water systems to the specific
operational characteristics of aircraft drinking water systems.
    EPA estimates that the total annualized incremental savings of this
ADWR is $22.15 million at a 3 percent discount rate and $21.83 million
at a 7 percent discount rate, as presented in Table V-2. The
incremental savings represent the difference in total annualized
implementation costs between the baseline (i.e., the existing NPDWRs)
and the final rule provisions.

                                       Table V-2--Total Annualized Incremental Cost: Existing NPDWRs and the ADWR
                                                                   [$Millions, 2008$]
--------------------------------------------------------------------------------------------------------------------------------------------------------

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                               Alt 1       Alt 4 (Final     Incremental        Alt 1       Alt 4 (Final     Incremental
                                                             (Existing         Rule)       Cost (Alt 4-      (Existing         Rule)       Cost (Alt 4-
                                                              NPDWRs)                         Alt 1)          NPDWRs)                         Alt 1)
                                                         -----------------------------------------------------------------------------------------------
                                                                                3%
                                                                                7%
--------------------------------------------------------------------------------------------------------------------------------------------------------

Implementation..........................................            0.01            0.01               0            0.02            0.02               0
Annual Administration...................................            0.24            0.24               0            0.23            0.23               0
Monitoring Plan.........................................           0.002           0.002               0           0.004           0.003         (0.001)
O&M Plan................................................  ..............            0.01            0.01  ..............            0.02            0.02
Coliform Monitoring.....................................           25.37            4.93         (20.44)           25.02            4.86         (20.16)
Disinfectant Residual Monitoring........................            3.17  ..............          (3.17)            3.13  ..............          (3.13)
Routine Disinfection and Flushing.......................  ..............            2.08            2.08  ..............            2.05            2.05
Corrective Action Disinfection and Flushing.............  ..............            0.05            0.05  ..............            0.05            0.05
Sanitary Survey/Compliance Audit........................             0.7            0.02          (0.68)            0.69            0.02          (0.67)
Turbidity Monitoring....................................  ..............  ..............  ..............  ..............  ..............  ..............
                                                         -----------------------------------------------------------------------------------------------
    Total...............................................           29.49            7.34         (22.15)           29.08            7.25         (21.83)
--------------------------------------------------------------------------------------------------------------------------------------------------------

    The regulatory baseline does not reflect the Administrative Orders
on Consent (AOCs), which are interim enforcement actions applying to 45
air carriers. As discussed earlier in this notice, in 2004, EPA found
all aircraft that were public water systems to be out of compliance
with the NPDWRs. EPA subsequently placed 45 air carriers under AOCs
that will remain in effect until the tailored aircraft drinking water
regulations are final. The air carrier AOCs combine sampling, best
management practices, corrective action, public notification, and
reporting and recordkeeping to ensure public health protection. With
respect to sampling under the AOCs, air carriers with greater than 20
aircraft were required to sample 25 percent of their fleet quarterly,
while air carriers with 20 or fewer aircraft were required to sample
the entire fleet quarterly. Because the majority of the air carriers
are currently subject to the requirements of the AOCs, EPA notes that
if the requirements similar to the AOCs (i.e., Alternative 2 in the EA)
were used as an alternative baseline, the incremental cost of the final
ADWR would be $0.18 million at the 3 percent discount rate and $0.18
million at the 7 percent discount rate.
    As described in section V.C, the final rule provides additional
cost savings to air carriers over the proposed rule.

B. Estimated Impacts of the Final ADWR to Air Carrier Passengers

    EPA assumes that air carriers will pass on some or all of the costs
of a new regulation to their passengers in the form of ticket price
increases. For purposes of this analysis, EPA estimates that an average
of 708.4 million passengers travel each year on aircraft that are
affected by the ADWR. (See Column E, Exhibit 5.3 of the Economic and
Supporting Analysis Document for the Final ADWR, (USEPA, 2009)). The
cost passed on to passengers can be roughly estimated by dividing the
air carriers' annualized implementation costs incurred by the number of
passengers traveling each year. Based on this approximation, EPA
estimates that passengers could face a relatively negligible increase
of about one cent per ticket. The Agency has chosen to use the same
number of passengers and flights estimated for the proposed rule for
the final rule analysis in order to facilitate cost comparisons between
the proposed and final rule provisions. This should not significantly
affect the cost per passenger analysis.

C. Comparison of Costs From Proposed Rule to Final Rule

    As discussed in section III.A of this notice, a collaborative rule
development process was used for the proposed ADWR. This process
provided an opportunity for stakeholders to inform the Agency about
existing operations and maintenance practices for aircraft water
systems and to convey concerns regarding existing regulations
applicable to aircraft water systems, public health issues, fleet
operations issues that are unique to the air carrier industry, and
potential rule alternatives. Public comment was received on the
proposed rule, and modifications have been incorporated into the final
ADWR. Some of the modifications to the proposed rule that are
incorporated into the final rule affected the estimated cost of
implementing the regulation; other changes had no net effect on cost as
modeled or are non-quantified costs. This section provides a discussion
of the cost of the elements of the final ADWR that changed in
comparison to the proposed rule and summarizes the assumptions that
have been incorporated into the cost estimates.
    The total annualized present value implementation costs at 3
percent and 7 percent discount rates for the rule provisions are shown
in Table V-3 for the proposed and final rules. The total estimated
annual quantified costs for implementing the ADWR have changed from the
proposal costs of $8.13 million and $8.24 million (year 2008 dollars,
using 3 and 7 percent discount rates, respectively) to $7.34 million
and $7.25 million (year 2008 dollars, using 3 and 7 percent discount
rates, respectively). The costs reported for the ADWR are from Table V-
1; the costs for the proposed rule include adjustments for the general
cost assumptions and methodology applied to the ADWR (e.g., labor
rates), with all costs adjusted to 2008 dollars.

      Table V-3--Comparison of Proposed and Final ADWR Total Annualized Present Value Implementation Costs
                                               [$Millions, 2008$]
----------------------------------------------------------------------------------------------------------------
                                                          3%  Proposal    3%  Final   7%  Proposal    7%  Final
----------------------------------------------------------------------------------------------------------------
Implementation..........................................         0.01          0.01          0.01          0.02
Annual Administration...................................         0.25          0.24          0.25          0.23
Monitoring Plan.........................................         0.002         0.002         0.004         0.003
O&M Plan................................................         0.01          0.01          0.02          0.02

Coliform Monitoring.....................................         5.50          4.93          5.57          4.86
Routine Disinfection and Flushing.......................         2.21          2.08          2.23          2.05
Corrective Action Disinfection and Flushing.............         0.13          0.05          0.13          0.05
Compliance Audit........................................         0.02          0.02          0.02          0.02
                                                         -------------------------------------------------------
    Total...............................................       * 8.13          7.34        * 8.24          7.25
----------------------------------------------------------------------------------------------------------------
* For the proposal, the total annualized present value cost at a 3% discount rate is less than at a 7% discount
  rate by a small amount. Changes in the implementation schedule (later implementation) for the final rule
  result in a larger calculated difference in present value costs, which results in total annualized present
  value costs slightly greater at a 3% discount rate than at a 7% rate.

    The change in quantified costs between the proposed and final ADWR
primarily is due to the additional flexibility in the ADWR provided to
air carriers in choosing one of four options for flushing and
disinfection frequency. Additional cost savings are due to changes in
EPA's estimate of the cost to air carriers for implementation based on
the percentage of aircraft that will select each option, the percentage
of routine and repeat total coliform monitoring samples that are
anticipated to be total coliform-positive, and the options available to
air carriers for addressing total coliform-positive test results. These
assumptions and regulatory impacts are discussed below and in more
detail in the final ADWR Economic Analysis.
    The final rule includes an extension of the compliance dates to 18
months after rule publication for the coliform sampling plan,
operations and maintenance plan, and the aircraft inventory; the
proposed rule specified a 6-month timeframe for these requirements. In
addition, the final rule adjusts the timeframe for beginning to conduct
sampling and other compliance requirements to 24 months after final
rule publication from 12 months specified in the proposed rule. These
delays in compliance dates have a slight effect on the timing of the
costs represented by the 25-year compliance period captured by these
estimates.
    There is a one-time cost for reading and understanding the rule,
becoming familiar with its provisions, and training employees on the
rule. The final ADWR provides a burden allowance for each air carrier
to read and understand the rule of eight hours per carrier, increased
from two hours per carrier in the proposed rule. This change was made
in response to public comments received on the proposed rule which
conveyed that air carriers would typically have more than one
individual responsible for this aspect of rule implementation.
Commenters expressed concern that the proposed rule burden estimate of
a single individual spending two hours to read and understand the rule
did not adequately capture the true air carrier needs. In response to
those concerns, the Agency assumes, on average, each air carrier will
have four staff persons who will need to read and understand the rule
at two hours estimated burden for each person. The eight hours per air
carrier for staff training is unchanged from the proposed rule.
    The coliform monitoring category includes cost estimates for
routine sampling and repeat sampling; follow-up coliform monitoring is
captured under corrective action disinfection and flushing cost
estimates. Each aircraft routine coliform monitoring schedule is
determined by the routine disinfection and flushing frequency that
should be based on manufacturer's recommendations. EPA is providing air
carriers with additional flexibility in the final rule by allowing air
carriers to select any of the disinfection and flushing options in the
absence of a manufacturer's recommendation. Although the specific
routine monitoring frequency to be used by each aircraft is unknown,
the Agency made assumptions on the frequencies they would follow and
incorporated those assumptions into the cost model. Because selection
of an option best suited to other operations and maintenance
obligations of the aircraft is anticipated to help minimize flight
disruption events but its effect is unknown, it is included in the
uncertainties of the cost model.
    The assumptions of the percentage of aircraft that would select
each of the monitoring frequency options have been adjusted to
incorporate the fourth option that is included in the final rule. As
discussed previously, the addition of the fourth option for routine
disinfection and flushing frequency was in response to public comment,
which would also result in fewer flight disruptions necessary for
aircraft water system maintenance needs. For the final rule, the Agency
assumed 10 percent of the aircraft would follow monthly monitoring with
routine disinfection and flushing one time per year or less; 30 percent
would follow monitoring quarterly with routine disinfection and
flushing twice per year; 30 percent would follow monitoring twice per
year with routine disinfection and flushing 3 times per year; and 30
percent would follow annual monitoring with routine disinfection and
flushing on a quarterly basis. The proposed rule assumed 10 percent of
the aircraft would monitor monthly, 45 percent quarterly, and 45
percent annually.
    Several other provisions in the final rule and their related
assumptions affect the estimated cost for coliform monitoring. Those
provisions include a reduction of the number of repeat samples to three
in the final rule from four in the proposed rule, and allowing repeat
sampling if more than one routine sample is total coliform-positive but
E. coli-negative. The proposed rule limited the option for repeat
sampling to situations when no more than one routine sample was total
coliform-positive.
    The final ADWR utilized the coliform monitoring findings of the air
carrier AOCs processed as of December 31, 2008, for estimates of the
percentage of routine and repeat samples that are anticipated to be
total coliform-positive and E. coli-positive. A discussion of the AOCs
data is found in section III.B of this notice. For the final rule, a
routine sample total coliform-positive rate of 3.6 percent and a repeat
sample total coliform-positive rate of 5.7 percent are assumed based on
the AOCs results. The proposed rule applied a routine sample rate of
3.1 percent based on data available at the time, and a repeat sample
rate of 50 percent.

    Assumptions pertaining to the number of corrective action
disinfection and flushing events that would be incurred were
recalculated based on whether the aircraft was anticipated to already
be scheduled for routine disinfection and flushing in the immediate
future. In addition, if the water system is physically shut-off to
prevent public access to the water system within 24 hours of
notification of the need to restrict public access, the final rule
removed the requirement that an aircraft with total coliform-positive
or E. coli-positive water samples must be disinfected and flushed
within a prescribed time period.
    The Agency assumed, based on comments received on the proposed
rule, that air carriers would seek to minimize the number of times
unscheduled disinfection and flushing events that would occur and would
take advantage of the ability to perform corrective action as part of
the routine disinfection and flushing activities. Carriers can do this
by scheduling routine sampling just prior to routine disinfection and
flushing. Then, if a total coliform- or E. coli-positive sample is
found, carriers can address the situation immediately through
disinfection and flushing that would have occurred anyway, thereby
merely adding the step of follow-up sampling to confirm that the
flushing and disinfection has resolved the problem. Further, EPA
believes that if public access to the water system is physically
prevented because the water system is shut-off, more time is warranted
to allow scheduling of the corrective action disinfection and flushing
procedure to minimize flight disruptions.
    Finally, the estimated reduction in the repeat sample total
coliform-positive rate to 5.7 percent in the final rule from 50 percent
in the proposed rule affected the anticipated costs for this category
because fewer events were expected to be triggered by repeat sample
results.

 D. Non-Quantified Costs and Uncertainties

1. Non-Quantified Costs
    Although EPA has estimated the majority of implementation costs of
this ADWR, there are some costs that EPA was not able to quantify, such
as:
     Air carrier costs due to unanticipated flight
interruptions from aircraft water system corrective action maintenance
needs. This includes the direct costs related to transporting an
aircraft to a maintenance facility for the performance of disinfection
and flushing corrective action events and any indirect costs of
schedule disruptions or delays if an aircraft must be unexpectedly
taken out of service.
     Passenger costs due to flight cancellations or delays
related to unanticipated aircraft water system maintenance triggered
solely by water quality issues.
     Air carrier costs to provide bottled water due to lack of
onboard tap water during a restrict public access event.
     Air carrier customer service response to customer concerns
following public notification that the water onboard an aircraft is not
to be used for human consumption.
    EPA has attempted to minimize costs by building flexibility into
the ADWR, including various alternatives from which air carriers select
compliance scenarios that best meet their flight schedules and other
routine aircraft operations and maintenance needs. The final rule also
includes provisions that minimize situations in which an aircraft is
taken out of service solely due to drinking water system water quality
issues, though this is sometimes necessary to protect consumers from
water of unacceptable quality when the system cannot be physically
shut-off or the flow of water through the tap(s) cannot be prevented.
    Table V-4 presents the number of monitoring and disinfection and
flushing events per year estimated for the proposed and final rules.
EPA assumes routine coliform monitoring and routine disinfection and
flushing of the water system would not disrupt service because the air
carrier will incorporate these tasks into the aircraft operations and
maintenance program. Only the unanticipated corrective action
disinfection and flushing events shown in Column C of the table reflect
the events that the Agency estimates could result in unscheduled
disruptions to air carriers' schedules for the proposed or final rules.

      Table V-4--Estimated Monitoring and Disinfection and Flushing Events for the Proposed and Final ADWR
----------------------------------------------------------------------------------------------------------------
                                                                                Corrective     Total number
                                                      Routine         Routine         action            of
                                                     coliform      disinfection    disinfection    disinfection
                                                    monitoring     and flushing    and flushing    and flushing
                                                    events/year     events/year     events/year     events/year
                                                               A               B               C           D=B+C
----------------------------------------------------------------------------------------------------------------
Proposed Rule...................................          26,593          20,516           1,175          21,691
Final Rule......................................          25,436          20,516             395          20,911
----------------------------------------------------------------------------------------------------------------
(C) The number of potential unanticipated corrective action disinfection and flushing events is shown for the
  proposed and final rules. All other disinfection and flushing events, whether based on a routine schedule or
  in response to monitoring results, would occur during scheduled water system operations and maintenance.

    The significant decrease in the number of corrective action
disinfection and flushing events in the final ADWR shown in Column C
reflects the anticipated practice that air carriers will maximize the
scheduling of routine coliform sampling with routine disinfection and
flushing. This would likely result in a decrease in unscheduled flight
disruptions because total coliform-positive samples may be immediately
addressed through water system disinfection and flushing while the
aircraft is already out of service. The final rule allows such
disinfection and flushing to count toward both the corrective action
and the routine procedures if follow-up total coliform samples required
for corrective action are collected. Of the corrective action
disinfection and flushing events noted in Column C, an unknown
percentage will not disrupt service because the air carrier will either
prevent public access to the water by shutting-off the system, thereby
obtaining more flexibility with respect to scheduling and performing
the corrective action disinfection and flushing, or will be able to
perform the action within the maximum time frame specified by the rule
without disrupting service.
2. Uncertainties in Cost Estimates
    Many factors contribute to uncertainty in the national cost
estimates including:

     Percent of aircraft that will be subject to each total
coliform monitoring option.
     Expected results from total coliform monitoring.
     Estimated time for air carrier management to read,
understand, and decide how to best comply with the ADWR; and to develop
a training program, train staff, and oversee compliance.
     Percent of aircraft that will collect routine total
coliform samples while aircraft are out of service for routine
maintenance.
     Labor burden necessary for self-inspections above what is
necessary for FAA-related inspections.
     Labor burden and costs associated with correcting
significant deficiencies that are identified during self-inspections
above what is necessary for FAA-related inspections.
    For simplicity, EPA assumed for this analysis that all air carriers
subject to the final rule will spend equal management time on ADWR
requirements, regardless of fleet size or aircraft type. Assuming equal
burden for all air carriers to comply with these rule management and
oversight requirements could result in an over- or under-estimate of
the costs presented. Regarding the expected results for coliform
monitoring, EPA assumed that during routine coliform monitoring, each
total coliform-positive sample would prompt an action by the air
carrier. This assumption potentially over-estimates the number of
aircraft that need to undergo disinfection and flushing as corrective
action or repeat monitoring in cases where more than one routine sample
is total coliform-positive in a given monitoring period. For example,
an aircraft with positive samples from both routine sampling points is
treated as two corrective actions or repeat sample collection events in
the cost model when only one disinfection and flushing event would be
necessary in such a case. Also, the number of sample results that
prompt corrective action or repeat sampling may decrease over time as
air carriers correct problems that lead to total coliform-positive
samples.
    In developing costs for air carriers to comply with the self-
inspection requirements, EPA assumed that with the exception of
reporting and record-keeping burden, no additional costs for self-
inspections are incurred by air carriers. Labor burden for self-
inspections, which involve a thorough review and inspection of an
aircraft water system as well as addressing any deficiencies, is
already captured under current FAA requirements and therefore is not
included in the cost estimate for this rule. Additionally, EPA has
assumed that deficiencies noted during self-inspections will be
addressed during routine maintenance, and so has not accounted for
costs associated with corrective actions stemming from deficiencies
noted during self-inspections. This assumption potentially under-
estimates air carrier burden for self-inspections.

VI. Benefits Analysis

    For the proposed rule, EPA conducted and presented a qualitative
analysis comparing the risks for each regulatory alternative considered
during the regulatory process (73 FR 19338). EPA did not conduct a risk
assessment, and the qualitative analyses were not intended to provide
any insights into either the nature or the magnitude of possible public
health risks that are associated with the consumption of drinking water
on aircraft, or with the expected reductions in those public health
risks anticipated from implementation of this rule.
    As of the time of publication of the final rule, only limited
baseline data and partial data collected under the AOCs are available
for analysis. Additionally, EPA has found no data on outbreaks of
illness caused by drinking water on aircraft. Therefore, EPA has
determined that it is not feasible to perform a quantitative relative
risk analysis at this time. EPA will continue to assess aircraft water
system monitoring data during the Agency's Six-Year review of NPDWRs
and evaluate whether additional quantitative analyses represent an
opportunity for revisions to the ADWR. (Section 1412 (b)(9) of the Safe
Drinking Water Act requires that EPA, no less than every six years,
review and if appropriate, revise existing drinking water standards.)
    This rule has been developed to protect against disease-causing
microbiological contaminants or pathogens through the required
development and implementation of aircraft water system operation and
maintenance plans that include best management practices, air carrier
training requirements, and periodic sampling of the onboard drinking
water. Testing drinking water for each individual pathogen is not
practical, nor feasible. Instead, water quality and public health
professionals use total coliform bacteria as indicator organisms. Total
coliforms are a group of closely related, generally harmless bacteria
that live in soil and water, as well as in the digestive tracts of
animals, and are therefore present in feces. The presence of total
coliforms in drinking water suggests there has been a breach, failure,
or other change in the integrity of the drinking water and that there
may be fecal pathogens present in the water. Because some total
coliform bacteria are naturally found in the environment, their
presence in a drinking water distribution system may not indicate the
presence of fecal contamination. In order to obtain more information on
the likelihood of fecal contamination the total coliform-positive
sample is analyzed for E. coli, a member of the total coliform group
that is more likely to originate from warm-blooded animal fecal
contamination.
    Although EPA does not have data on outbreaks, that does not mean
there is no illness because there is a high rate of underreporting of
illnesses caused by drinking water contamination. Illness resulting
from consuming contaminated aircraft water would be no exception to
underreporting because the population onboard disperses after a flight
and even if passengers develop gastrointestinal symptoms within hours
of deplaning, they are unlikely to associate the illness with the
aircraft water or to contact the air carrier or any government agency
to report the illness. The effects of waterborne disease are usually
acute, resulting from a single or small number of exposures. Waterborne
pathogens are particularly harmful to sensitive populations, such as
the immuno-compromised, and can sometimes prove fatal.
    Routine disinfection and flushing required by this rule is expected
to inactivate pathogens and control biofilm which can harbor pathogens
in the aircraft water storage tank and distribution system that can
contribute to endemic disease. Likewise, disinfection and flushing
associated with corrective action is also expected to inactivate
pathogens that may have entered the distribution system, resulting in
decreased chance of illness. By reducing the potential for illness
contracted through exposure to aircraft drinking water, EPA expects
that the implementation of the ADWR will reduce the occurrence of
illness passed through secondary spread (the spread of a pathogen
within a field after the initial or primary infection). Furthermore,
EPA expects the additional barriers to pathogens required under the
ADWR, including disinfection and flushing combined with monitoring,
water system training requirements for air carrier personnel, and
restricting public access to drinking water when necessary, will reduce
the likelihood of outbreaks associated with aircraft drinking water.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866: Regulatory Planning and Review

    Under Executive Order (EO) 12866, (58 FR 51735, October 4, 1993),
this action is a ``significant regulatory action.'' Accordingly, EPA
submitted this action to the Office of Management and Budget (OMB) for
review under EO 12866 and any changes made in response to OMB
recommendations have been documented in the docket for this action.

B. Paperwork Reduction Act

    The information collection requirements in this rule have been
submitted for approval to the Office of Management and Budget (OMB)
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. The
information collection requirements are not enforceable until OMB
approves them. The Information Collection Request (ICR) document
prepared by EPA has been assigned EPA ICR number 2279.02.
    EPA requires comprehensive and current information on total
coliform monitoring and associated corrective action activities to
implement its program oversight and enforcement responsibilities
mandated by the Safe Drinking Water Act (SDWA). EPA will use the
information collected as a result of this final rule to support the
responsibilities directed by SDWA and the implementation of the ADWR in
the areas of monitoring and disinfecting and flushing, best management
practices, and public notification, while decreasing the risk to public
health. The rule requirements described in section IV of this notice
are intended to improve the implementation from that of the Total
Coliform Rule (TCR) by tailoring the ADWR to fit the unique challenges
in the maintenance and operation practices of air carriers, and do not
alter the original maximum contaminant level goals or the fundamental
approach to controlling total coliform in drinking water.
    Section 1401(1)(D) of SDWA requires that there must be ``criteria
and procedures to assure a supply of drinking water which dependably
complies with such maximum contaminant levels; including accepted
methods for quality control and testing procedures to insure compliance
with such levels and to insure proper operation and maintenance of the
system, * * * .'' Furthermore, section 1445(a)(1) of SDWA requires that
every person who is a supplier of water ``shall establish and maintain
such records, make such reports, conduct such monitoring, and provide
such information as the Administrator may reasonably require by
regulation to assist the Administrator in establishing regulations * *
* in determining whether such person has acted or is acting in
compliance'' with this title.
    Section 1412(b) of SDWA, as amended in 1996, requires the EPA to
publish maximum contaminant level goals and promulgate NPDWRs for
contaminants that may have an adverse effect on the health of persons,
are known to or anticipated to occur in public water systems, and, in
the opinion of the Administrator, present an opportunity for health
risk reduction. The NPDWRs specify maximum contaminant levels or
treatment techniques for drinking water contaminants (42 U.S.C. 300g-
1). Section 1412(b)(9) requires that EPA, no less than every six years,
review and if appropriate, revise existing drinking water standards.
Currently, the Total Coliform Rule, which established the regulatory
standards (i.e., maximum contaminant level goals and treatment
techniques) by which this ADWR is based, is being revised in accordance
with the finding of EPA's first Six-Year Review (68 FR 42907, July 18,
2003). Publication of this final rule complies with these statutory
requirements.
Burden Estimate
    The universe of respondents for the Information Collection Request
(ICR) for this final rule comprises 63 air carriers that operate
approximately 7,327 aircraft water systems, classified as Transient
Non-Community Water Systems. The total burden associated with ADWR
requirements over the 3 years covered by the ICR is 62,291 hours, an
average of 20,764 hours per year. The total cost over the 3-year period
is $7.54 million, an average of $2.5 million per year (simple average
over 3 years). For air carriers, the total burden for the 3-year ICR
period is 52,750 hours. The burden per response is .3 hours. During
this period air carriers will undertake 179,773 responses. The
respondent costs for the same period are $7.06 million. The labor cost
is $1.90 million. The O&M cost (for sample analysis and shipping) is
$5.16 million. The capital cost is $4,179. The air carrier average
annual respondent burden is 17,583 hours, and the average cost per year
is $2.35 million. The cost per response is $39. Burden is defined at 5
CFR 1320.3(b).
    An agency may not conduct or sponsor, and a person is not required
to respond to a collection of information unless it displays a
currently valid OMB control number. The OMB control numbers for EPA's
regulations in 40 CFR are listed in 40 CFR part 9. When this ICR is
approved by OMB, the EPA will publish a technical amendment to 40 CFR
part 9 in the Federal Register to display the OMB control number for
the approved information collection requirements contained in this
final rule.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency
to prepare a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements under the Administrative
Procedure Act or any other statute unless the agency certifies that the
rule will not have a significant economic impact on a substantial
number of small entities. Small entities include small businesses,
small organizations, and small governmental jurisdictions.
    The RFA provides default definitions for each type of small entity.
Small entities are defined as: (1) A small business as defined by the
Small Business Administration's (SBA) regulations at 13 CFR 121.201;
(2) a small governmental jurisdiction that is a government of a city,
county, town, school district or special district with a population of
less than 50,000; and (3) a small organization that is any ``not-for-
profit enterprise which is independently owned and operated and is not
dominant in its field.'' However, the RFA also authorizes an agency to
use alternative definitions for each category of small entity, ``which
are appropriate to the activities of the agency'' after proposing the
alternative definition(s) in the Federal Register and taking comment. 5
U.S.C. 601(3)-(5). In addition, to establish an alternative small
business definition, agencies must consult with SBA's Chief Counsel for
Advocacy.
    For purposes of assessing the economic impacts of this final rule
on small entities, EPA proposed defining ``small entity'' using the SBA
standard as air carriers (NAICS codes 481111 and 481211) having fewer
than 1,500 employees (13 CFR 121.201) rather than using the definition
EPA has used for small stationary public water systems (``a public
water system that serves 10,000 or fewer people''). See 73 FR 19320,
April 9, 2008.
    The Agency has consulted with the SBA Chief Counsel for Advocacy on
using the SBA small business definition of fewer than 1,500 employees
for purposes of assessing the economic impacts of this rule on small
entities. As a result of this consultation, SBA agrees with the
Agency's approach to the small

entity definition for air carriers for the proposed rule. However, SBA
did request that EPA verify that they have captured the entire universe
of small entities that may be impacted by the rule. SBA recommended
that EPA contact two additional aviation and air transportation
associations to determine whether there may be additional entities that
may experience a significant economic impact as a result of this
proposed rule, which were not accounted for in the Agency's earlier
analysis. EPA contacted those associations and they confirmed the
Agency's earlier findings from other sources, including the FAA, that
EPA had taken into account all available information on the universe of
small entities during the Agency's earlier analysis.
    The Agency did not receive any comments on the use of this
alternative definition of small entity in EPA's proposed rule of April
9, 2008 (73 FR 19320).
    Today, EPA is establishing this alternative definition of ``small
entity'' for purposes of its regulatory flexibility assessments under
the RFA for this rule, any revisions to this rule, and any future
drinking water regulations that address air carriers.
    After considering the economic impacts of this final rule on small
entities, I certify that this action will not have a significant
economic impact on a substantial number of small entities. EPA has
determined that the following businesses would be affected by the
proposed Aircraft Drinking Water Rule: scheduled passenger air
transportation (NAICS 481111) and nonscheduled chartered passenger air
transportation (481211). EPA has estimated that 30 of the 63 air
carriers subject to this final rule are small businesses. These 30 air
carriers represent 48 percent of the universe of air carriers subject
to the final rule, and all will be subject to the various provisions.
    In evaluating whether this rule will have a significant impact on
these small entities, EPA first determined the present value costs of
the rule for these air carriers. EPA followed the same methodology as
was used to develop the average annualized costs for the rule overall.
EPA estimates a total annual implementation cost for all small air
carriers of $524,380 at a 3 percent discount rate and $521,110 at a 7
percent discount rate. EPA also determined the average annual rule cost
per small air carrier of $17,543 (annualized at 3 percent).
    EPA estimates the average annual incremental rule cost for small
entities (the difference between the final rule and the existing NPDWRs
(presented as Alternative 1)) is a reduction of $258,599 at a 3 percent
discount rate for compliance with the ADWR. Because the majority of the
air carriers are currently subject to the requirements of the AOCs, EPA
notes that if the AOCs were considered to be an alternative baseline,
the incremental average annual rule cost between the final rule and
requirements similar to those of the AOCs, (presented as Alternative 2)
is a reduction of $32,188 (i.e., cost savings).
    Recognizing the variation of company sizes within this group, EPA
has estimated the average annual incremental cost for small air
carriers with fewer than 500 employees and for small air carriers with
500 or more employees. For the 17 air carriers with fewer than 500
employees, the annual incremental cost between the ADWR and Alternative
1 for each air carrier is a reduction of $78,042 at a 3 percent
discount rate, and the annual incremental average rule cost between the
ADWR and Alternative 2 is a reduction of $7,781 at a 3 percent discount
rate. For the 13 small air carriers with 500 or more employees, the
incremental cost between the ADWR and Alternative 1 for each air
carrier is a reduction of $230,712 at a 3 percent discount rate, and
the incremental average rule cost between the ADWR and Alternative 2 is
a reduction of $20,104 at a 3 percent discount rate.
    The final rule has been shown to offer a cost reduction over the
existing regulations (i.e., baseline), and so the annualized
incremental costs are negative. Therefore, EPA has not compared the
average annual incremental costs to small entities against the average
annual revenue of the small entities as is normally done for this
analysis.
    Based on this analysis, EPA certifies that the final ADWR will not
have a significant impact on a substantial number of small entities;
therefore, the Agency did not develop an Initial Regulatory Flexibility
Analysis for the rule.

D. Unfunded Mandates Reform Act

    This rule does not contain a Federal mandate that may result in
expenditures of $100 million or more for State, local, and Tribal
governments, in the aggregate, or the private sector in any one year.
States, local, and Tribal governments will not incur annual costs
associated with this final rule since oversight of air carriers (i.e.,
interstate commerce carriers) is directly implemented by EPA and EPA
will incur costs associated with this rulemaking. Thus, this rule is
not subject to the requirements of sections 202 or 205 of UMRA.
    For these reasons, this rule is also not subject to the requirement
of section 203 of UMRA because it contains no regulatory requirements
that might significantly or uniquely affect small governments.

E. Executive Order 13132: Federalism

    Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August
10, 1999), requires EPA to develop an accountable process to ensure
``meaningful and timely input by State and local officials in the
development of regulatory policies that have Federalism implications.''
``Policies that have Federalism implications'' is defined in the
Executive Order to include regulations that have ``substantial direct
effects 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.''
    This final rule does not have Federalism implications. It will not
have substantial direct effects 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,
as specified in Executive Order 13132. States are not directly affected
by any requirements in this rule, since oversight of air carriers
(i.e., interstate commerce carriers) is implemented by EPA. Thus,
Executive Order 13132 does not apply to this rule.
    In the spirit of Executive Order 13132, and consistent with EPA
policy to promote communications between EPA and State and local
governments, EPA specifically solicited comment on the proposed rule
from State and local officials, and the comments can be found in the
docket for this rule and is addressed in the Response to Comment
document (816-R0-9008) .

F. Executive Order 13175: Consultation and Coordination With Indian
Tribal Governments

    This action does not have tribal implications as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000). The provisions
of this final rule apply to all aircraft transient non-community water
systems. At present, EPA has not identified any Tribal governments that
may be owners/air carriers of such systems. Thus, Executive Order 13175
does not apply to this action.

G. Executive Order 13045: Protection of Children From Environmental
Health and Safety Risks

    This action is not subject to EO 13045 (62 FR 19885, April 23,
1997) because it is not economically significant as defined in EO
12866.
    While this final rule is not subject to the Executive Order because
it is not economically significant as defined in Executive Order 12866,
we nonetheless have reason to believe that the environmental health or
safety risk addressed by this action can have an effect on children.
This final rule does not change the core Total Coliform Rule
requirements in place to assure the protection of children from the
effects of contaminants in drinking water. Rather this final rule,
which is tailored to meet the specific challenges in the maintenance
and operations of aircraft water systems, will improve the
implementation of the current provisions under the Total Coliform Rule
for aircraft water systems, and thereby, is expected to ensure and
enhance more effective protection of public health, including the
health of children who are aircraft passengers.

H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use

    This action is not a ``significant energy action'' as defined in
Executive Order 13211 (66 FR 18355 (May 22, 2001)), because it is not
likely to have a significant adverse effect on the supply,
distribution, or use of energy. Additionally, none of the final rule
requirements involve installation of treatment or other components that
use a measurable amount of energy.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (``NTTAA''), Public Law 104-113, 12(d) (15 U.S.C. 272 note)
directs EPA to use voluntary consensus standards in its regulatory
activities unless to do so would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., materials specifications, test methods, sampling
procedures, and business practices) that are developed or adopted by
voluntary consensus standards bodies. NTTAA directs EPA to provide
Congress, through OMB, explanations when the Agency decides not to use
available and applicable voluntary consensus standards.
    This final rule involves voluntary consensus standards in that it
would require monitoring for total coliform and E. coli, and monitoring
and sample analysis methodologies are often based on voluntary
consensus standards. However, the final rule does not change any
methodological requirements for monitoring or sample analysis as are
indicated in the Total Coliform Rule; only, in some cases, the required
frequency and number of samples. Also, EPA's approved monitoring and
sampling protocols generally include voluntary consensus standards
developed by agencies such as the American National Standards Institute
(ANSI) and other such bodies wherever EPA deems these methodologies
appropriate for compliance monitoring.

J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations

    Executive Order (EO) 12898 (59 FR 7629, February 16, 1994)
establishes Federal executive policy on environmental justice. Its main
provision directs Federal agencies, to the greatest extent practicable
and permitted by law, to make environmental justice part of their
mission by identifying and addressing, as appropriate,
disproportionately high and adverse human health or environmental
effects of their programs, policies, and activities on minority
populations and low-income populations in the United States.
    EPA has determined that this final rule will not have
disproportionately high and adverse human health or environmental
effects on minority or low-income populations because it increases the
level of environmental protection for all affected populations without
having any disproportionately high and adverse human health or
environmental effects on any population, including any minority or low-
income population.
    This final rule, which is tailored to meet the specific challenges
in the maintenance and operations of aircraft water systems, will
improve the implementation of the current provisions under the Total
Coliform Rule for aircraft water systems, and thereby, is expected to
ensure and enhance more effective protection of public health,
including any minority or low-income population who are aircraft
passengers.

K. Consultations With the Science Advisory Board, National Drinking
Water Advisory Council, and the Secretary of Health and Human Services

    In accordance with sections 1412(d) and 1412(e) of the Safe
Drinking Water Act (SDWA), the Agency consulted with the National
Drinking Water Advisory Council (NDWAC or the Council); the Secretary
of Health and Human Services; and the Science Advisory Board (SAB),
Drinking Water Committee.
    EPA met with the SAB's Committee on July 24, 2008, and received
comments from the Committee on October 1, 2008. The Committee's
comments were valuable and taken into consideration in shaping the
future direction of the final ADWR with regards to statistical sampling
and hot water tap sampling. As previously mentioned, the majority of
the Committee members of EPA's Science Advisory Board were not in favor
of statistical sampling of aircraft drinking water quality at this time
because the available data is too sparse to interpret results for the
whole fleet. The Committee members did indicate that future data
collected during implementation of ADWR may provide information on how
to stratify samples. In addition, some members of the Committee
indicated a preference to sampling cold water taps only; EPA agrees
with some Committee members that there may be a potential for the
temperature in the hot water taps to kill existing microorganisms, and
this might mask whether there is a microbiological problem in the
aircraft system. Thus, samples should be taken from cold water taps
when they are available, except in the case when only hot water taps
are available in the galley. In this case, the galley sample should be
taken from the hot water tap because that water is being served to
passengers and crew, EPA plans to further discuss tap sampling in its
ADWR technical guidance.
    The Agency consulted with NDWAC during the Council's May 25-27,
2007, meeting, and consulted with the Council on May 28, 2009. In
general, in the May 2007 meeting, NDWAC recommended that EPA consider
and request public comment on best management practices (BMPs) and
public notification requirements, which may be feasible alternatives
for the air carrier industry while providing greater public health
protection. EPA has incorporated these recommendations into the ADWR by
providing flexible BMP alternatives and timely notification
requirements which have been tailored specifically to meet the unique
operational characteristics of aircraft public systems and the air
carrier industry. During the May 2009 NDWAC meeting, EPA presented the
key issues raised by commenters on the proposal and areas of decision
faced by the

Agency. No substantive comments were provided by NDWAC.
    On August 8, 2007, EPA consulted with the Department of Health and
Human Services (HHS) on the proposed rule. EPA also consulted with HHS
on the final rule and received a favorable response to the Agency's
novel approach and development of the ADWR and no issues were raised as
a result of the consultation.

L. Plain Language

    Executive Order 12866 encourages Federal agencies to write rules in
plain language. Whenever possible, EPA wrote the action in active
voice, with simplified language, and displayed information in tables to
make it easier for the public to read and understand.

M. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A Major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2). This rule will be effective November 18, 2009.

N. Analysis of the Likely Effect of Compliance With the ADWR on the
Technical, Financial, and Managerial Capacity of Public Water Systems

    Section 1420(d)(3) of SDWA, as amended, requires that, in
promulgating a NPDWR, the Administrator shall include an analysis of
the likely effect of compliance with the regulation on the technical,
managerial, and financial (TMF) capacity of regulated entities. This
analysis can be found in the Economic and Supporting Analyses document
in EPA's public docket. Analyses reflect only the impact of new or
revised requirements, as established by the ADWR; the impacts of
previously established requirements are not considered.

VIII. References

ATA (Air Transport Association of America, Inc.) 2003. Air Transport
Association: Aircraft Drinking Water Sampling Program, Final Report:
December 31, 2003. http://www.airlines.org.
Canada. 2007a. Health Canada. Healthy Living. Aircraft Inspection
Program--Frequently Asked Questions. http://www.hc-sc.gc.ca/hl-vs/
travel-voyage/general/inspection/airplane-aeronefs_e.html.
Canada. 2007b. Health Canada. Healthy Living. Advisory. Health
Canada cautions air travelers with compromised immune systems
regarding water quality on aircraft. http://www.hc-sc.gc.ca/ahc-asc/
media/advisories-avis/2006/2006_53_e.html.
Davison, A., Howard, G., Stevens, M., et al. 2005. Water, Sanitation
and Health Protection and the Human Environment, World Health
Organization, Geneva. Water Safety Plans: Managing drinking-water
quality from catchment to consumer. http://www.who.int/water_
sanitation_health/.
Lehtola, M., Torvinen, E., Kusnetsov, J., et al. 2007. Survival of
Mycrobacterium avium, Legionella pneumophila, Escherichia coli, and
Caliciviruses in Drinking Water-Associated Biofilms Grown under
High-Shear Turbulent Flow. Applied and Environmental Microbiology,
73:2854-2859.
USEPA. 1986. Water Supply Guidance 29: Plan for Implementation of
the Safe Drinking Water Act on Interstate Carrier Conveyance.
USEPA. 1989. National Interim Primary Drinking Water Regulations;
Total Coliform Rule; Final Rule. Part III. Federal Register,
54:124:27544. (June 29, 1989).
USEPA. 2008. Economic and Supporting Analyses; Aircraft Drinking
Water Rule. EPA 816-D-08-002.
USEPA. 2008. DRAFT Information Collection Request for the National
Primary Drinking Water Regulations: Aircraft Drinking Water Rule.
EPA 816-D-08-001.
USFDA. 2005. Title 21--Food and Drugs, Chapter 1--Food and Drug
Administration, Part 1250--Interstate Conveyance Sanitation. http://
www.accessdata.fda. gov/.
WHO. 1997. HACCP--Introducing the Hazard Analysis and Critical
Control Point System. Geneva, Switzerland: WHO.
WHO. 2004. Guidelines for Drinking-Water Quality. 3rd Edition,
Volume 1--Recommendations, Chapter 4 Water Supply Plans. Geneva,
Switzerland: WHO.

List of Subjects in 40 CFR Part 141

    Environmental protection, Chemicals, Indian-lands,
Intergovernmental relations, Radiation protection, Reporting and
recordkeeping requirements, Water supply.

    Dated: October 5, 2009.
Lisa P. Jackson,
Administrator.

0
For the reasons set out in the preamble, title 40, chapter 1 of the
Code of Federal Regulations is to be amended as follows:

PART 141--NATIONAL PRIMARY DRINKING WATER REGULATIONS

0
1. The authority citation for part 141 continues to read as follows:

    Authority:  42 U.S.C. 300f, 300g-1, 300g-2, 300g-3, 300g-4,
300g-5, 300g-6, 300j-4, 300j-9, and 300j-11.

0
2. Part 141 is amended by adding a new subpart X to read as follows:
Subpart X--Aircraft Drinking Water Rule
Sec.
141.800 Applicability and compliance date.
141.801 Definitions.
141.802 Coliform sampling plan.
141.803 Coliform sampling.
141.804 Aircraft water system operations and maintenance plan.
141.805 Notification to passengers and crew.
141.806 Reporting requirements.
141.807 Recordkeeping requirements.
141.808 Audits and inspections.
141.809 Supplemental treatment.
141.810 Violations.

Subpart X--Aircraft Drinking Water Rule

Sec.  141.800  Applicability and compliance date.

    (a) Applicability. The requirements of this subpart constitute the
National Primary Drinking Water Regulations for aircraft that are
public water systems and that board only finished water for human
consumption. Aircraft public water systems are considered transient
non-community water systems (TNCWS). To the extent there is a conflict
between the requirements in this subpart and the regulatory
requirements established elsewhere in this part, this subpart governs.
    (b) Compliance Date. Aircraft public water systems must comply,
unless otherwise noted, with the requirements of this subpart beginning
October 19, 2011. Until this compliance date, air carriers remain
subject to existing national primary drinking water regulations.

Sec.  141.801  Definitions.

    As used in this subpart, the term:
    Administrator means the Administrator of the United States
Environmental Protection Agency or his/her authorized representative.
    Air Carrier means a person who undertakes directly by lease, or
other arrangement, to engage in air transportation. The air carrier is
responsible for ensuring all of the aircraft it owns or operates that
are public water systems comply with all provisions of this subpart.
    Aircraft means a device that is used or intended to be used for
flight in the air.
    Aircraft Water System means an aircraft that qualifies as a public
water system under the Safe Drinking Water Act and the national primary
drinking water regulations. The components of

an aircraft water system include the water service panel, the filler
neck of the aircraft finished water storage tank, and all finished
water storage tanks, piping, treatment equipment, and plumbing fixtures
within the aircraft that supply water for human consumption to
passengers or crew.
    Aircraft Water System Operations and Maintenance Plan means the
schedules and procedures for operating, monitoring, and maintaining an
aircraft water system that is included in an aircraft operation and
maintenance program accepted by the Federal Aviation Administration.
(14 CFR part 43, 14 CFR part 91, 14 CFR part 121)
    Finished Water means water that is introduced into the distribution
system of a public water system and is intended for distribution and
consumption without further treatment, except as treatment necessary to
maintain water quality in the distribution system (e.g., supplemental
disinfection, addition of corrosion control chemicals). (40 CFR 141.2)
    Human Consumption means drinking, bathing, showering, hand washing,
teeth brushing, food preparation, dishwashing, and maintaining oral
hygiene.
    Self Inspection means an onsite review of the aircraft water
system, including the water service panel, the filler neck of the
aircraft finished water storage tank; all finished water storage tanks,
piping, treatment equipment, and plumbing fixtures; and a review of the
aircraft operations, maintenance, monitoring, and recordkeeping for the
purpose of evaluating the adequacy of such water system components and
practices for providing safe drinking water to passengers and crew.
    Watering point means the water supply, methods, and facilities used
for the delivery of finished water to the aircraft. These facilities
may include water trucks, carts, cabinets, and hoses.

Sec.  141.802  Coliform sampling plan.

    (a) Each air carrier under this subpart must develop a coliform
sampling plan covering each aircraft water system owned or operated by
the air carrier that identifies the following:
    (1) Coliform sample collection procedures that are consistent with
the requirements of Sec.  141.803(a) and (b).
    (2) Sample tap location(s) representative of the aircraft water
system as specified in Sec.  141.803(b)(2) and (b)(4).
    (3) Frequency and number of routine coliform samples to be
collected as specified in Sec.  141.803(b)(3).
    (4) Frequency of routine disinfection and flushing as specified in
the operations and maintenance plan under Sec.  141.804.
    (5) Procedures for communicating sample results promptly so that
any required actions, including repeat and follow-up sampling,
corrective action, and notification of passengers and crew, will be
conducted in a timely manner.
    (b) Each air carrier must develop a coliform sampling plan for each
aircraft with a water system meeting the definition of a public water
system by April 19, 2011.
    (c) The coliform sampling plan must be included in the Aircraft
Water System Operations and Maintenance Plan required in Sec.  141.804.
Any subsequent changes to the coliform sampling plan must also be
included in the Aircraft Water System Operations and Maintenance Plan
required in Sec.  141.804.

Sec.  141.803  Coliform sampling.

    (a) Analytical Methodology. Air carriers must follow the sampling
and analysis requirements under this section.
    (1) The standard sample volume required for total coliform
analysis, regardless of analytical method used, is 100 mL.
    (2) Air carriers need determine only the presence or absence of
total coliforms and/or E. coli; a determination of density of these
organisms is not required.
    (3) Air carriers must conduct analyses for total coliform and E.
coli in accordance with the analytical methods approved in Sec.
141.21(f)(3) and 141.21(f)(6).
    (4) The time from sample collection to initiation of analysis may
not exceed 30 hours. Systems are encouraged but not required to hold
samples below 10[deg]C during transit.
    (5) The invalidation of a total coliform sample result can be made
only by the Administrator in accordance with Sec.  141.21(c)(1)(i),
(ii), or (iii) or by the certified laboratory in accordance with Sec.
141.21(c)(2).
    (6) Certified laboratories. For the purpose of determining
compliance with this subpart, samples may be considered only if they
have been analyzed by a laboratory certified by a State or EPA. For the
purposes of this paragraph, ``State'' refers to a State or Tribe that
has received primacy for public water systems (other than aircraft
water systems) under section 1413 of SDWA.
    (b) Routine Monitoring. For each aircraft water system, the
sampling frequency must be determined by the disinfection and flushing
frequency recommended by the aircraft water system manufacturer, when
available, and as identified in the operations and maintenance plan in
Sec.  141.804.
    (1) Except as provided in paragraph (b)(2) of this section, the air
carrier must collect two 100 mL total coliform routine samples at the
frequency specified in the sampling plan in Sec.  141.802 and in
accordance with paragraph (b)(3) of this section;
    (2) The air carrier may collect one 100 mL total coliform routine
sample at the frequency specified in the sampling plan in Sec.  141.802
for aircraft with a removable or portable tank that is drained every
day of passenger service, and the aircraft has only one tap. Aircraft
meeting the requirements of this paragraph do not have to comply with
paragraph (b)(4) of this section.
    (3) Air carriers must perform routine monitoring for total coliform
at a frequency corresponding to the frequency of routine disinfection
and flushing as specified in the Table b-1 (Routine Disinfection and
Flushing and Routine Sample Frequencies). Air carriers must follow the
disinfection and flushing frequency recommended by the aircraft water
system manufacturer, when available. Where the aircraft water system
manufacturer does not specify a recommended routine disinfection and
flushing frequency, the air carrier must choose a frequency from Table
b-1 (Routine Disinfection and Flushing and Routine Sample Frequencies):

     Table B-1--Routine Disinfection and Flushing and Routine Sample
                               Frequencies
------------------------------------------------------------------------
Minimum routine disinfection & flushing    Minimum frequency of routine
              per aircraft                     samples per aircraft
------------------------------------------------------------------------
At least 4 times per year = At least     At least 1 time per year = At
 once within every three-month period     least once within every twelve-
 (quarterly).                             month period (annually).
At least 3 times per year = At least     At least 2 times per year = At
 once within every four-month period.     least once within every six-
                                          month period (semi-annually).

At least 2 times per year = At least     At least 4 times per year = At
 once within every six-month period       least once within every three-
 (semi-annually).                         month period (quarterly).
At least 1 time per year or less = At    At least 12 times per year = At
 least once within every twelve-month     least once every month
 period (annually) or less.               (monthly).
------------------------------------------------------------------------

     (4) One sample must be taken from a lavatory and one from a
galley; each sample must be analyzed for total coliform. If only one
water tap is located in the aircraft water system due to aircraft model
type and construction, then a single tap may be used to collect two
separate 100 mL samples.
    (5) If any routine, repeat, or follow-up coliform sample is total
coliform-positive, the air carrier must analyze that total coliform-
positive culture medium to determine if E. coli is present.
    (6) Routine total coliform samples must not be collected within 72
hours after completing routine disinfection and flushing procedures.
    (c) Routine Coliform Sample Results.
    (1) Negative Routine Coliform Sample Results. If all routine sample
results are total coliform-negative, then the air carrier must maintain
the routine monitoring frequency for total coliform as specified in the
sampling plan in Sec.  141.802.
    (2) Positive Routine E. coli Sample Results. If any routine sample
is E. coli-positive, the air carrier must perform all of the following:
    (i) Restrict Public Access. Restrict public access to the aircraft
water system in accordance with paragraph (d) of this section as
expeditiously as possible, but in no case later than 24 hours after the
laboratory notifies the air carrier of the E. coli-positive result or
discovery of the applicable failure as specified in paragraphs (g) and
(h) of this section. All public access restrictions, including
applicable public notification requirements, must remain in-place until
the aircraft water system has been disinfected and flushed and a
complete set of follow-up samples is total coliform-negative; and
    (ii) Disinfect and Flush. Conduct disinfection and flushing in
accordance with Sec.  141.804(b)(2). If the aircraft water system
cannot be physically disconnected or shut-off, or the flow of water
otherwise prevented through the tap(s), then the air carrier must
disinfect and flush the system no later than 72 hours after the
laboratory notifies the air carrier of the E. coli-positive result or
discovery of the applicable failure as specified in paragraphs (g) and
(h) of this section; and
    (iii) Follow-up Sampling. Collect follow-up samples in accordance
with paragraph (e) of this section. A complete set of follow-up sample
results must be total coliform-negative before the air carrier provides
water for human consumption from the aircraft water system and returns
to the routine monitoring frequency as specified in the sampling plan
required by Sec.  141.802.
    (3) Positive Routine Total Coliform Sample Results. If any routine
sample is total coliform-positive and E. coli-negative, then the air
carrier must perform at least one of the following three corrective
actions and continue through with that action until a complete set of
follow-up or repeat samples is total coliform-negative:
    (i) Disinfect and Flush. In accordance with Sec.  141.804(b)(2),
conduct disinfection and flushing of the system no later than 72 hours
after the laboratory notifies the air carrier of the total coliform-
positive and E. coli-negative result. After disinfection and flushing
is completed, the air carrier must collect follow-up samples in
accordance with paragraph (e) of this section prior to providing water
for human consumption from the aircraft water system. A complete set of
follow-up sample results must be total coliform-negative before the air
carrier returns to the routine monitoring frequency as specified in the
sampling plan required by Sec.  141.802; or
    (ii) Restrict Public Access. In accordance with paragraph (d) of
this section, restrict public access to the aircraft water system as
expeditiously as possible, but in no case later than 72 hours after the
laboratory notifies the air carrier of the total coliform-positive and
E. coli-negative result or discovery of the applicable failure as
specified in paragraphs (f), (g), and, (i) of this section. All public
access restrictions, including applicable public notification
requirements, must remain in-place until the aircraft water system has
been disinfected and flushed, and a complete set of follow-up samples
has been collected. The air carrier must conduct disinfection and
flushing in accordance with Sec.  141.804(b)(2). After disinfection and
flushing is completed, the air carrier must collect follow-up samples
in accordance with paragraph (e) of this section prior to providing
water for human consumption from the aircraft water system. A complete
set of follow-up sample results must be total coliform-negative before
the air carrier returns to the routine monitoring frequency as
specified in the sampling plan required by Sec.  141.802; or
    (iii) Repeat Sampling. Collect three 100 mL repeat samples no later
than 24 hours after the laboratory notifies the air carrier of the
routine total coliform-positive and E. coli-negative result. Repeat
samples must be collected and analyzed from three taps within the
aircraft as follows: The tap which resulted in the total coliform-
positive sample, one other lavatory tap, and one other galley tap. If
fewer than three taps exist, then a total of three 100 mL samples must
be collected and analyzed from the available taps within the aircraft
water system.
    (A) If all repeat samples are total coliform-negative, then the air
carrier must maintain the routine monitoring frequency for total
coliform as specified in the sampling plan in Sec.  141.802.
    (B) If any repeat sample is E. coli-positive, the air carrier must
perform all the corrective actions as specified in paragraphs
(c)(2)(i), (c)(2)(ii), and (c)(2)(iii) of this section.
    (C) If any repeat sample is total coliform-positive and E. coli-
negative, then the air carrier must perform the corrective actions
specified in paragraphs (c)(3)(i) or (c)(3)(ii) of this section, and
continue through with that action until a complete set of follow-up
samples is total coliform-negative.
    (d) Restriction of public access. Restriction of public access to
the aircraft water system includes, but need not be limited to, the
following:
    (1) Physically disconnecting or shutting off the aircraft water
system, where feasible, or otherwise preventing the flow of water
through the tap(s);
    (2) Providing public notification to passengers and crew in
accordance with Sec.  141.805.
    (3) Providing alternatives to water from the aircraft water system,
such as bottled water for drinking and coffee or

tea preparation; antiseptic hand gels or wipes in accordance with 21
CFR part 333--``Topical Anti-microbial Drug Products for Over-the-
Counter Human Use'' in the galleys and lavatories; and other feasible
measures that reduce or eliminate the need to use the aircraft water
system during the limited period before public use of the aircraft
water system is unrestricted.
    (e) Post Disinfection and Flushing Follow-up Sampling. Following
corrective action disinfection and flushing, air carriers must comply
with post disinfection and flushing follow-up sampling procedures that,
at a minimum, consist of the following:
    (1) For each aircraft water system, the air carrier must collect a
complete set of total coliform follow-up samples consisting of two 100
mL total coliform samples at the same routine sample locations as
identified in paragraphs (b)(2) and (b)(4) of this section.
    (2) Follow-up samples must be collected prior to providing water to
the public for human consumption from the aircraft water system.
    (3) If a complete set of follow-up samples is total coliform-
negative, the air carrier must return to the routine monitoring
frequency for total coliform as specified in the sampling plan required
by Sec.  141.802.
    (4) If any follow-up sample is E. coli-positive, the air carrier
must perform all the corrective actions as specified in paragraphs
(c)(2)(i), (c)(2)(ii), and (c)(2)(iii) of this section.
    (5) If any follow-up sample is total coliform-positive and E. coli-
negative the air carrier must restrict public access to the aircraft
water system in accordance with paragraph (d) of this section as
expeditiously as possible, but in no case later than 72 hours after the
laboratory notifies the air carrier of the total coliform-positive and
E. coli-negative result. All public access restrictions, including
applicable public notification requirements, must remain in-place until
the aircraft water system has been disinfected and flushed in
accordance with Sec.  141.804(b)(2) and a complete set of follow-up
samples is total coliform-negative. The air carrier must collect
follow-up samples in accordance with paragraph (e) of this section. A
complete set of follow-up sample results must be total coliform-
negative before the air carrier provides water for human consumption
from the aircraft water system and returns to the routine monitoring
frequency for coliform as specified in Sec.  141.802.
    (f) Failure to Perform Required Routine Disinfection and Flushing
or Failure to Collect Required Routine Samples. If the air carrier
fails to perform routine disinfection and flushing or fails to collect
and analyze the required number of routine coliform samples, the air
carrier must perform all the corrective actions as specified in
paragraph (c)(3)(ii) of this section.
    (g) Failure to Collect Repeat or Follow-up Samples. If the air
carrier fails to collect and analyze the required follow-up samples as
a result of an E. coli-positive result, then the air carrier must
perform all the corrective actions as specified in paragraphs
(c)(2)(i), (c)(2)(ii), and (c)(2)(iii) of this section. If the air
carrier fails to collect and analyze the required repeat samples or
follow-up samples as a result of a total coliform-positive and E. coli-
negative result, then the air carrier must perform all the corrective
actions as specified in paragraph (c)(3)(ii) of this section.
    (h) Failure to Board Water from a Safe Watering Point (E. coli-
positive). For the aircraft water system, the air carrier must perform
all the corrective actions specified in paragraphs (c)(2)(i),
(c)(2)(ii), and (c)(2)(iii) of this section when it becomes aware of an
E. coli-positive event resulting from:
    (1) Boarding water from a watering point not in accordance with FDA
regulations (21 CFR part 1240 subpart E), or
    (2) Boarding water that does not meet NPDWRs applicable to
transient non-community water systems (Sec. Sec.  141.62 and 141.63, as
applied to TNCWS),
    (3) Boarding water that is otherwise determined to be unsafe due to
non-compliance with the procedures specified in Sec.  141.804(b)(6).
    (i) Failure to Board Water from a Safe Watering Point (non-E. coli-
positive). For the aircraft water system, the air carrier must perform
all the corrective actions specified in paragraphs (c)(3)(ii) of this
section when it becomes aware of a non-E. coli-positive event resulting
from:
    (1) Boarding water from a watering point not in accordance with FDA
regulations (21 CFR part 1240, subpart E),
    (2) Boarding water that does not meet NPDWRs applicable to
transient non-community water systems (Sec. Sec.  141.62 and 141.63, as
applied to TNCWS), or
    (3) Boarding water that is otherwise determined to be unsafe due to
non-compliance with the procedures specified in Sec.  141.804(b)(6).

Sec.  141.804  Aircraft water system operations and maintenance plan.

    (a) Each air carrier must develop and implement an aircraft water
system operations and maintenance plan for each aircraft water system
that it owns or operates. This plan must be included in a Federal
Aviation Administration (FAA)-accepted air carrier operations and
maintenance program (14 CFR part 43, 14 CFR part 91, 14 CFR part 121).
    (b) Each aircraft water system operations and maintenance plan must
include the following:
    (1) Watering Point Selection Requirement. All watering points must
be selected in accordance with Food and Drug Administration (FDA)
regulations (21 CFR part 1240, subpart E).
    (2) Procedures for Disinfection and Flushing. The plan must include
the following requirements for procedures for disinfection and flushing
of aircraft water system.
    (i) The air carrier must conduct disinfection and flushing of the
aircraft water system in accordance with, or is consistent with, the
water system manufacturer's recommendations. The air carrier may
conduct disinfection and flushing more frequently, but not less
frequently, than the manufacturer recommends.
    (ii) The operations and maintenance plan must identify the
disinfection frequency, type of disinfecting agent, disinfectant
concentration to be used, and the disinfectant contact time, and
flushing volume or flushing time.
    (iii) In cases where a recommended routine disinfection and
flushing frequency is not specified by the aircraft water system
manufacturer, the air carrier must choose a disinfection and flushing,
and corresponding monitoring frequency specified in Sec.
141.803(b)(3).
    (3) Follow-up Sampling. The plan must include the procedures for
follow-up sampling in accordance with Sec.  141.803(e).
    (4) Training Requirements. Training for all personnel involved with
the aircraft water system operation and maintenance provisions of this
regulation must include, but is not limited to the following:
    (i) Boarding water procedures;
    (ii) Sample collection procedures;
    (iii) Disinfection and flushing procedures;
    (iv) Public health and safety reasons for the requirements of this
subpart.
    (5) Procedures for Conducting Self-inspections of the Aircraft
Water System. Procedures must include, but are not limited to,
inspection of storage tank, distribution system, supplemental
treatment, fixtures, valves, and backflow prevention devices.
    (6) Procedures for Boarding Water. The plan must include the
following requirements and procedures for boarding water:
    (i) Within the United States, the air carrier must board water from
watering

points in accordance with Food and Drug Administration (FDA)
regulations (21 CFR part 1240, subpart E).
    (ii) A description of how the water will be transferred from the
watering point to the aircraft in a manner that ensures it will not
become contaminated during the transfer.
    (iii) A description of how the carrier will ensure that water
boarded outside the United States is safe for human consumption.
    (iv) A description of emergency procedures that meet the
requirements in Sec.  141.803(h) and (i) that must be used in the event
that the air carrier becomes aware that water was boarded to operate
essential systems, such as toilets, but was boarded from a watering
point not in accordance with FDA regulations, does not meet NPDWRs
applicable to transient non-community water systems (Sec. Sec.  141.62
and 141.63, as applied to TNCWSs), or is otherwise unsafe.
    (7) Coliform Sampling Plan. The air carrier must include the
coliform sampling plan prepared in accordance with Sec.  141.802.
    (8) Aircraft Water System Disconnect/Shut-off, or Prevent Flow of
Water Through the Tap(s) Statement. An explanation of whether the
aircraft water system can be physically disconnected/shut-off, or the
flow of water otherwise prevented through the tap(s) to the crew and
passengers.
    (c) For existing aircraft, the air carrier must develop the water
system operations and maintenance plan required by this section by
April 19, 2011;
    (d) For new aircraft, the air carrier must develop the operations
and maintenance plan required in this section within the first calendar
quarter of initial operation of the aircraft.
    (e) Any changes to the aircraft water system operations and
maintenance plan must be included in the FAA-accepted air carrier
operations and maintenance program.

Sec.  141.805  Notification to passengers and crew.

    (a) Air carriers must give public notice for each aircraft in all
of the following situations:
    (1) Public access to the aircraft water system is restricted in
response to a routine, repeat or follow-up total coliform-positive or
E. coli-positive sample result in accordance with Sec.  141.803(d);
    (2) Failure to perform required routine disinfection and flushing
or failure to collect required routine samples in accordance with Sec.
141.803(f);
    (3) Failure to collect the required follow-up samples in response
to a sample result that is E. coli-positive in accordance with Sec.
141.803(g);
    (4) Failure to collect the required repeat samples or failure to
collect the required follow-up samples in response to a sample result
that is total coliform-positive and E. coli-negative in accordance with
Sec.  141.803(g);
    (5) In accordance with Sec.  141.803(h), the air carrier becomes
aware of an E. coli-positive event resulting from water that has been
boarded from a watering point not in accordance with FDA regulations
(21 CFR part 1240, subpart E), or that does not meet NPDWRs applicable
to transient non-community water systems, or that is otherwise
determined to be unsafe due to non-compliance with the procedures
specified in Sec.  141.804(b)(6);
    (6) In accordance with Sec.  141.803(i), the air carrier becomes
aware of a non-E. coli-positive event resulting from water that has
been boarded from a watering point not in accordance with FDA
regulations (21 CFR part 1240, subpart E), or that does not meet NPDWRs
applicable to transient non-community water systems, or that is
otherwise determined to be unsafe due to non-compliance with the
procedures specified in Sec.  141.804(b)(6).
    (7) The Administrator, the carrier, or the crew otherwise
determines that notification is necessary to protect public health.
    (b) Public notification:
    (1) Must be displayed in a conspicuous way when printed or posted;
    (2) Must not contain overly technical language or very small print;
    (3) Must not be formatted in a way that defeats the purpose of the
notice;
    (4) Must not contain language that nullifies the purpose of the
notice;
    (5) Must contain information in the appropriate language(s)
regarding the importance of the notice, reflecting a good faith effort
to reach the non-English speaking population served, including, where
applicable, an easily recognized symbol for non-potable water.
    (c) Public notification for paragraph (a)(1) of this section must
meet the requirements of paragraph (b) of this section in addition to
the following:
    (1) Public notification must include a prominently displayed, clear
statement in each lavatory indicating that the water is non-potable and
should not be used for drinking, food or beverage preparation, hand
washing, teeth brushing, or any other consumptive use; and
    (2) A prominent notice in the galley directed at the crew which
includes:
    (i) A clear statement that the water is non-potable and should not
be used for drinking, food or beverage preparation, hand washing, teeth
brushing, or any other consumptive use;
    (ii) A description of the violation or situation triggering the
notice, including the contaminant(s) of concern;
    (iii) When the violation or situation occurred;
    (iv) Any potential adverse health effects from the violation or
situation, as appropriate, under paragraph (g) of this section;
    (v) The population at risk, including sensitive subpopulations
particularly vulnerable if exposed to the contaminant in the drinking
water;
    (vi) What the air carrier is doing to correct the violation or
situation; and
    (vii) When the air carrier expects to return the system to
unrestricted public access.
    (3) If passenger access to the water system is physically prevented
through disconnecting or shutting off the water, or the flow of water
prevented through the tap(s), or if water is supplied only to lavatory
toilets, and not to any lavatory or galley taps, then only the notice
specified in paragraph (c)(2) of this section is required.
    (4) Air carriers must initiate public notification when restriction
of public access is initiated in accordance with Sec.  141.803(d) and
must continue until the aircraft water system is returned to
unrestricted public access.
    (d) Public notification for paragraphs (a)(2), (a)(4), and (a)(6)
of this section must meet the requirements of paragraph (b) of this
section in addition to the following:
    (1) Public notification must include a prominently displayed, clear
statement in each lavatory indicating that the water is non-potable and
should not be used for drinking, food or beverage preparation, hand
washing, teeth brushing, or any other consumptive use; and
    (2) A prominent notice in the galley directed at the crew which
includes:
    (i) A clear statement that the water is non-potable and should not
be used for drinking, food or beverage preparation, hand washing, teeth
brushing, or any other consumptive use;
    (ii) A clear statement that it is not known whether the water is
contaminated because there was a failure to perform required routine
disinfection and flushing; or a failure to perform required monitoring;
or water was boarded from a watering point not in accordance with FDA
regulations, or that does not meet NPDWRs applicable to transient
noncommunity water systems, or that is otherwise determined

to be unsafe due to noncompliance with the procedures specified in
Sec.  141.804(b)(6);
    (iii) When and where the unsafe water was boarded or when the
specific monitoring or disinfection and flushing requirement was not
met;
    (iv) Any potential adverse health effects from exposure to
waterborne pathogens that might be in the water, as appropriate, under
paragraph (g) of this section;
    (v) The population at risk, including sensitive subpopulations
particularly vulnerable if exposed to the contaminant in the drinking
water; and
    (vi) A statement indicating when the system will be disinfected and
flushed and returned to unrestricted public access.
    (3) If passenger access to the water system is physically prevented
through disconnecting or shutting off the water, or the flow of water
prevented through the tap(s), or if water is supplied only to lavatory
toilets, and not to any lavatory or galley taps, then only the notice
specified in paragraph (d)(2) of this section is required.
    (4) Air carriers must initiate public notification when restriction
of public access is initiated in accordance with Sec.  141.803(d) and
must continue until the aircraft water system is returned to
unrestricted public access.
    (e) Public notification for paragraphs (a)(3) and (a)(5) of this
section must meet the requirements of paragraph (b) of this section in
addition to the following:
    (1) Public notification must include a prominently displayed, clear
statement in each lavatory indicating that the water is non-potable and
should not be used for drinking, food or beverage preparation, hand
washing, teeth brushing, or any other consumptive use; and
    (2) A prominent notice in the galley directed at the crew which
includes:
    (i) A clear statement that the water is non-potable and should not
be used for drinking, food or beverage preparation, hand washing, teeth
brushing, or any other consumptive use;
    (ii) A clear statement that the water is contaminated and there was
a failure to conduct required monitoring; or a clear statement that
water is contaminated because water was boarded from a watering point
not in accordance with FDA regulations, or that does not meet NPDWRs
applicable to transient noncommunity water systems, or that is
otherwise determined to be unsafe due to noncompliance with the
procedures specified in Sec.  141.804(b)(6);
    (iii) A description of the contaminant(s) of concern;
    (iv) When and where the unsafe water was boarded or when the
specific monitoring requirement was not met;
    (v) Any potential adverse health effects from the situation, as
appropriate, under paragraph (g) of this section;
    (vi) The population at risk, including sensitive subpopulations
particularly vulnerable if exposed to the contaminant in the drinking
water;
    (vii) A statement indicating what the air carrier is doing to
correct the situation; and
    (viii) When the air carrier expects to return the system to
unrestricted public access.
    (3) If passenger access to the water system is physically prevented
through disconnecting or shutting off the water, or the flow of water
prevented through the tap(s), or if water is supplied only to lavatory
toilets, and not to any lavatory or galley taps, then only the notice
specified in paragraph (e)(2) of this section is required.
    (4) Air carriers must initiate public notification when restriction
of public access is initiated in accordance with Sec.  141.803(d) and
must continue public notification until a complete set of required
follow-up samples are total coliform-negative.
    (f) Public notification for paragraph (a)(7) of this section must
meet the requirements of paragraph (b) of this section in addition to
the following:
    (1) Notification must be in a form and manner reasonably calculated
to reach all passengers and crew while on board the aircraft by using
one or more of the following forms of delivery:
    (i) Broadcast over public announcement system on aircraft;
    (ii) Posting of the notice in conspicuous locations throughout the
area served by the water system. These locations would normally be the
galleys and in the lavatories of each aircraft requiring posting;
    (iii) Hand delivery of the notice to passengers and crew;
    (iv) Another delivery method approved in writing by the
Administrator.
    (2) Air carriers must initiate public notification within 24 hours
of being informed by EPA to perform notification and must continue
notification for the duration determined by EPA.
    (g) In each public notice to the crew, air carriers must use the
following standard health effects language that corresponds to the
situations in paragraphs (a)(1) through (a)(6) of this section.
    (1) Health effects language to be used when public notice is
initiated due to the detection of total coliforms only (not E. coli) in
accordance with paragraph (a)(1) of this section:

    Coliform are bacteria that are naturally present in the
environment and are used as an indicator that other, potentially
harmful, bacteria may be present. Coliforms were found in [INSERT
NUMBER OF SAMPLES DETECTED] samples collected and this is a warning
of potential problems. If human pathogens are present, they can
cause short-term health effects, such as diarrhea, cramps, nausea,
headaches, or other symptoms. They may pose a special health risk
for infants, young children, some of the elderly, and people with
severely compromised immune systems.

    (2) Health effects language to be used when public notice is
initiated due to any E. coli-positive routine, repeat, or follow-up
sample in accordance with paragraph (a)(1) of this section:

    E. coli are bacteria whose presence indicates that the water may
be contaminated with human or animal wastes. Microbes in these
wastes can cause short-term health effects, such as diarrhea,
cramps, nausea, headaches, or other symptoms. They may pose a
special health risk for infants, young children, some of the
elderly, and people with severely compromised immune systems.

    (3) Health effects language to be used when public notice is
initiated due to a failure to conduct routine monitoring or routine
disinfection and flushing in accordance with paragraph (a)(2) of this
section; or when there is a failure to conduct repeat or follow-up
sampling in accordance with paragraph (a)(4) of this section; or in
accordance with paragraph (a)(6) of this section, when the air carrier
becomes aware of a non-E. coli-positive event that is the result of
water that was boarded from a watering point not in accordance with FDA
regulations (21 CFR part 1240, subpart E), or that does not meet NPDWRs
applicable to transient non-community water systems, or that is
otherwise determined to be unsafe due to non-compliance with the
procedures specified in Sec.  141.804(b)(6):

    Because [REQUIRED MONITORING AND ANALYSIS WAS NOT CONDUCTED],
[REQUIRED DISINFECTION AND FLUSHING WAS NOT CONDUCTED] [WATER WAS
BOARDED FROM A WATERING POINT NOT IN ACCORDANCE WITH FDA REGULATIONS
(21 CR 1240 SUBPART E)], or [OTHER APPROPRIATE EXPLANATION], we
cannot be sure of the quality of the drinking water at this time.
However, drinking water contaminated with human pathogens can cause
short-term health effects, such as diarrhea, cramps, nausea,
headaches, or other symptoms. They may pose a special health risk
for infants, young children, some of the elderly, and people with
severely compromised immune systems.

    (4) Health effects language to be used when public notice is
initiated due to a

failure to conduct required follow-up monitoring in response to a
sample result that is E. coli-positive in accordance with paragraph
(a)(3) of this section; or in accordance with paragraph (a)(5) of this
section, when the air carrier becomes aware of an E. coli-positive
event that is the result of water that was boarded from a watering
point not in accordance with FDA regulations (21 CFR part 1240, subpart
E), or that does not meet NPDWRs applicable to transient non-community
water systems, or that is otherwise determined to be unsafe due to non-
compliance with the procedures specified in Sec.  141.804(b)(6):

    Because required follow-up monitoring and analysis was not
conducted after the aircraft water system tested positive for E.
coli, we cannot be sure of the quality of the drinking water at this
time. E. coli are bacteria whose presence indicates that the water
may be contaminated with human or animal wastes. Microbes in these
wastes can cause short-term health effects, such as diarrhea,
cramps, nausea, headaches, or other symptoms. They may pose a
special health risk for infants, young children, some of the
elderly, and people with severely compromised immune systems.

OR

    Water was boarded that is contaminated with E. coli because
[WATER WAS BOARDED FROM A WATERING POINT NOT IN ACCORDANCE WITH FDA
REGULATIONS (21 CR 1240 SUBPART E)], or [OTHER APPROPRIATE
EXPLANATION]. E. coli are bacteria whose presence indicates that the
water may be contaminated with human or animal wastes. Microbes in
these wastes can cause short-term health effects, such as diarrhea,
cramps, nausea, headaches, or other symptoms. They may pose a
special health risk for infants, young children, some of the
elderly, and people with severely compromised immune systems.

Sec.  141.806  Reporting requirements.

    (a) The air carrier must comply with the following requirements
regarding reporting of the development of the coliform sampling plan,
the operations and maintenance plan, and the disinfection and flushing
and coliform sampling frequencies.
    (1) The air carrier must report to the Administrator that it has
developed the coliform sampling plan required by Sec.  141.802, which
covers each existing aircraft water system, as well as report the
frequency for routine coliform sampling identified in the coliform
sampling plan by April 19, 2011. The air carrier must report to the
Administrator that it has developed its operations and maintenance plan
required by Sec.  141.804 and report the frequency for routine
disinfection and flushing by April 19, 2011;
    (2) For each new aircraft meeting the definition of an aircraft
water system, which becomes operational after publication of this
subpart, the air carrier must report to the Administrator that it has
developed the coliform sampling plan required by Sec.  141.802, as well
as report the frequency for routine coliform sampling identified in the
coliform sampling plan, within the first calendar quarter of initial
operation of the aircraft. The air carrier must report to the
Administrator that it has developed the aircraft water system
operations and maintenance plan required by Sec.  141.804, and report
the frequency for routine disinfection and flushing within the first
calendar quarter of initial operation of the aircraft.
    (b) The air carrier must report the following information to the
Administrator:
    (1) A complete inventory of aircraft that are public water systems
by April 19, 2011. Inventory information includes, at a minimum, the
following:
    (i) The unique aircraft identifier number;
    (ii) The status (active or inactive) of any aircraft as an aircraft
water system as defined in Sec.  141.801;
    (iii) The type and location of any supplemental treatment equipment
installed on the water system; and
    (iv) Whether the aircraft water system can be physically
disconnected or shut-off, or the flow of water prevented through the
tap(s).
    (2) Changes in aircraft inventory no later than 10 days following
the calendar month in which the change occurred. Changes in inventory
information include, at a minimum, the following:
    (i) Change in the unique identifier number for any new aircraft, or
any aircraft removed from the carrier's fleet;
    (ii) Change in status (active or inactive) of any aircraft as an
aircraft water system as defined in Sec.  141.801; and
    (iii) Change to the type and location of any supplemental treatment
equipment added to or removed from the water system.
    (iv) Change to whether the aircraft water system can be physically
disconnected or shut-off, or the flow of water prevented through the
tap(s).
    (3) All sampling results no later than 10 calendar days following
the monitoring period in which the sampling occurred. The monitoring
period is based on the monitoring frequency identified in the coliform
sampling plan required under Sec.  141.802. Routine disinfection and
flushing events must be reported no later than 10 calendar days
following the disinfection and flushing period in which the
disinfection and flushing occurred. The disinfection and flushing
period is based on the frequency identified in the operations and