[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Rules and Regulations]
[Pages 12550-12556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-5325]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 21, 25, 121, and 129
[Docket No. FAA-2011-0186; Amendment Nos. 21-94, 25-133, 121-354, and
129-50; SFAR 111]
RIN 2120-AJ92
Lavatory Oxygen Systems
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Interim final rule; request for comments.
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SUMMARY: This action temporarily authorizes variances from existing
standards related to the provisioning of supplemental oxygen inside
lavatories. This action is necessitated by other mandatory actions that
temporarily render such oxygen systems inoperative.
DATES: This interim rule is effective March 8, 2011 and remains in
effect until further notice. Submit comments on or before May 9, 2011.
ADDRESSES: Send comments identified by docket number FAA-2011-0186
using any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue, SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue, SE., Washington, DC between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: The FAA will post all comments it receives, without
change, to http://www.regulations.gov, including any personal
information the commenter provides. Using the search function of the
docket Web site, anyone can find and read the electronic form of all
comments received into any FAA dockets, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at http://DocketsInfo.dot.gov.
Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue, SE.,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jeff Gardlin, Airframe and Cabin
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft
Certification Service, Federal Aviation Administration, Northwest
Mountain Region, 1601 Lind Avenue, SW., Renton, WA 98057-3356;
telephone: (425) 227-2136; e-mail: [email protected].
For legal questions concerning this action, contact Douglas
Anderson, Federal Aviation Administration, Office of the Regional
Counsel, ANM-7, Northwest Mountain Region, 1601 Lind Avenue, SW.,
Renton, WA 98057-3356; telephone: (425) 227-2166; e-mail:
[email protected].
SUPPLEMENTARY INFORMATION:
Good Cause
The FAA finds that notice and public comment to this interim rule
are impracticable. This rule, together with Airworthiness Directive
2011-04-09, addresses an emergency situation relating to a security
vulnerability in transport category airplanes. These rules both mandate
action necessary to address this vulnerability and provide interim
relief from other regulatory
[[Page 12551]]
requirements that would otherwise be violated by the mandated actions.
The FAA also finds good cause for making this interim rule
effective upon publication. As discussed previously, this interim rule
addresses an emergency situation, which makes it imperative that the
provisions of this rule be implemented immediately.
Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. Subtitle I, Section 106 describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701, ``General
Requirements.'' Under that section, the FAA is charged with promoting
safe flight of civil aircraft in air commerce by prescribing minimum
standards required in the interest of safety for the design and
performance of aircraft; regulations and minimum standards in the
interest of safety for inspecting, servicing, and overhauling aircraft;
and regulations for other practices, methods, and procedures the
Administrator finds necessary for safety in air commerce. This
regulation is within the scope of that authority because it revises the
safety standards for design and operation of transport category
airplanes.
I. Background
The FAA has become aware of a security vulnerability with certain
types of oxygen systems installed inside the lavatories of most
transport category airplanes. As a result, the FAA has mandated that
these oxygen systems be rendered inoperative until the vulnerability
can be eliminated. However, by rendering the oxygen systems inoperative
to comply with that mandatory action, operators will be out of
compliance with the requirements of Title 14, Code of Federal
Regulations (14 CFR) 25.1447, 121.329 and 121.333. In addition to the
current fleet of in-service airplanes, newly manufactured airplanes and
airplanes undergoing other modification will need to render the oxygen
systems in the lavatories inoperative. This SFAR is needed so the
affected airplanes can continue operating until the issue is resolved.
II. Discussion of the Issue
Lavatory Oxygen Systems
Section 25.1447 specifies the quantities and accessibility
requirements for supplemental oxygen systems. The supplemental oxygen
systems are necessary safety equipment in the event of loss of cabin
pressure. Each occupant is required to have supplemental oxygen
immediately available in the event that cabin pressure drops to a
certain level. Specifically, the regulations require lavatories to be
equipped with two oxygen masks and, for airplanes flying above 30,000
feet, the masks must be automatically presented to the occupants.
Two masks are required inside a lavatory to address the situation
where one person may be assisting another, such as an adult with a
small child. Lavatory oxygen systems are generally very similar to the
systems provided for passenger and flight attendant use in the rest of
the cabin. The intent of the supplemental oxygen requirements in Sec.
25.1447 is reinforced in the operational requirements of Sec. Sec.
121.329 and 121.333, although neither section specifically mentions
lavatories.
Safety Ramifications
Because of security vulnerability issues, the FAA has mandated that
certain lavatory oxygen systems be rendered inoperative. This mandate
creates a noncompliance with airworthiness and operational standards.
This SFAR addresses this noncompliance by codifying relief from the
relevant airworthiness and operational requirements while the issue is
being resolved.
The FAA has conducted a risk analysis to assess the safety
implications of temporarily not having supplemental oxygen available
inside lavatories. To support the risk assessment, earlier studies
involving passengers' use of oxygen were reviewed. For a different
rulemaking, the FAA tasked the Aviation Rulemaking Advisory Committee
(ARAC) to make recommendations for safety standards when airplanes are
operating at high altitudes. As part of its effort, the ARAC did a
comprehensive assessment of the frequency and nature of the need for
supplemental oxygen systems in service. The ARAC identified 2,800
instances over a 40-year period and categorized them by cause,
severity, and consequence. The majority of these instances were caused
by malfunctions of the cabin pressurization system. However, in none of
those 2,800 instances was there a loss of life due to lack of oxygen.
The ARAC used these data in making recommendations to the FAA on future
rulemaking.
The FAA has reviewed the service history since the ARAC
recommendations were made and found that the types and frequencies of
incidents, as well as their causes, are consistent with the historical
record. The relative risks and service history have not changed in any
significant way since the ARAC recommendations were issued. With
respect to this SFAR, the only affected areas of the airplane are the
lavatories, as opposed to the earlier assessments, which applied to the
entire airplane. The lavatories are sporadically occupied during
flight, and by a small number of passengers at any given time. This
limits the potential impact on safety.
The ARAC found that the frequency of occurrences necessitating the
use of oxygen was around 10-\8\/flight-hour for causes other
than a malfunction of the pressurization system (these tend to be
slower losses of pressure, or are identified at lower altitudes, and
therefore are not as critical for this action). The probability that a
lavatory will be occupied at any given moment is not known. It is not
100% and it is not 0%. If, for the purposes of this assessment, we
assume the probability is 50%, then the probability of a person in a
lavatory needing oxygen is ~5 x 10-9/flight-hour.
The FAA envisions a two- to four-year regulatory process to restore
the affected oxygen systems to their full operational capability. The
FAA has determined that during this period, the slight increase in the
safety risk to a small number of individuals is outweighed by the
elimination of the greater security risk that prompted the original
requirement to disable the lavatory supplemental oxygen system.
Nonetheless, the FAA is aggressively pursuing design solutions that
will eliminate the previously identified security concerns with
lavatory oxygen systems and restore oxygen to the lavatories in an
expeditious manner. Further rulemaking will consider the need for
changes to the type certification rules and incorporation into the
fleet via changes to the operating rules. The implementation of that
rulemaking will correspond with the expiration of this SFAR.
The SFAR Provisions
This SFAR allows all air carriers that are required to render
lavatory oxygen systems inoperative, as it pertains to the lavatory
oxygen systems only, in accordance with an FAA directive to continue to
operate without complying with specific regulations pertaining to
supplemental oxygen systems. This SFAR also permits manufacturers and
modifiers of transport category airplanes to deliver or return to
service airplanes affected by the FAA directive with the
[[Page 12552]]
same relief. In addition, this SFAR requires certain procedural and
configuration enhancements to reduce the safety risk to passengers in
the unlikely event that they should need oxygen while in a lavatory.
We intend to issue a new rule to address the safety concerns with
lavatory oxygen systems within the duration of this SFAR. As noted
above, the compliance date for that rule and the expiration of this
SFAR will be aligned.
III. Regulatory Notices and Analyses
This rulemaking action is a significant rule within the meaning of
Executive Order 12866 and DOT's Regulatory Policies and Procedures,
because the subject matter is of significant interest to the public.
Because this interim rule addresses an emergency situation, within the
meaning of Section 6(a)(3)(D) of the Executive Order, the agency has
notified the Office of Management and Budget of this rule but has not
followed the coordination procedures specified in the Executive Order.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there is no new requirement for information collection associated with
this interim rule.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that these regulations are not inconsistent with any ICAO
Standards and Recommended Practices.
Regulatory Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, the Trade Act requires agencies to consider international
standards and, where appropriate, that they be the basis of U.S.
standards. And fourth, the Unfunded Mandates Reform Act of 1995 (Pub.
L. 104-4) requires agencies to prepare a written assessment of the
costs, benefits, and other effects of proposed or final rules that
include a Federal mandate likely to result in the expenditure by State,
local, or Tribal governments, in the aggregate, or by the private
sector, of $100 million or more annually (adjusted for inflation with
base year of 1995). This portion of the preamble summarizes the FAA's
analysis of the economic impacts of this SFAR.
In conducting these analyses, the FAA has determined that this
final rule: (1) Has benefits that justify its costs, (2) is not an
economically ``significant regulatory action'' as defined in section
3(f) of Executive Order 12866, (3) is ``significant'' as defined in
DOT's Regulatory Policies and Procedures; (4) will not have a
significant economic impact on a substantial number of small entities;
(5) will not create unnecessary obstacles to the foreign commerce of
the United States; and (6) will not impose an unfunded mandate on
State, local, or Tribal governments, or on the private sector
Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a detailed evaluation, this order permits that a
statement to that effect, and the basis for it, be included in the
preamble if a detailed regulatory evaluation of the cost and benefits
is not prepared. Such a determination has been made for this rule. The
reasoning for this determination follows:
The FAA has become aware of a security vulnerability with certain
types of oxygen systems installed inside the lavatories of most
passenger-carrying part 121 transport category airplanes. As a result,
in an earlier rule the FAA mandated that these lavatory oxygen systems
be rendered inoperative until the vulnerability can be eliminated.
However, by rendering the oxygen systems inoperative to comply with the
mandatory actions, operators will be out of compliance with current FAA
requirements. The affected fleet includes the current fleet of in-
service and newly manufactured passenger-carrying transport category
airplanes operated under parts 121 and 129 (U.S.-registered airplanes).
This SFAR requires the removal of the inoperative oxygen masks for
passenger safety. Also, this SFAR is needed so the affected airplanes
can continue operating until the issue is resolved.
The FAA has determined that on average, part 121 passenger-carrying
turbopropeller-driven airplanes (turboprops) have one lavatory; part
121 regional jets have two lavatories; part 121 narrow-body turbojet-
powered airplanes (turbojets) have three lavatories; and part 121 wide-
body turbojets have 10 lavatories per airplane.
The FAA has also determined that the time necessary to remove the
inoperative oxygen masks is 10 to 15 minutes per airplane lavatory and
will be performed by a qualified, FAA-certificated aircraft mechanic.
In addition, the FAA has determined that there would be no extra parts
necessary in removing the inoperative oxygen masks. Therefore, with no
extra parts necessary, there are also no additional maintenance or fuel
burn costs.
The FAA is using a $48.38 hourly rate for a mechanic working for an
airplane manufacturer or modifier. We obtained the mechanic's hourly
rate from the Bureau of Labor Statistics, Table 7.1. These rates
include wages and benefits.
To estimate the total costs of the SFAR, the FAA had to analyze the
current fleet of part 121 airplanes which are affected by the SFAR. We
obtained a list of the current U.S.-operated, passenger-carrying
civilian airplanes operating under 14 CFR part 121 from the FAA
National Vital Information Subsystem (NVIS) database.\1\ The FAA
assumes that for newly-delivered, part 121 passenger-carrying
airplanes, the inoperative oxygen masks will have already been removed.
Based upon that assumption, we have matched each airplane with its
average number of lavatories.
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\1\ The National Vital Information Subsystem (NVIS) is a
subsystem of the Flight Standards Automation System (FSAS), which is
a comprehensive information system used primarily by inspectors to
record and disseminate data associated with inspector activity and
the aviation environment. NVIS maintains up-to-date information
about the aviation community within the jurisdiction of Flight
Standards.
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The following table shows the number of affected passenger-
carrying, part 121 airplanes and the individual airplane costs for a
turboprop, regional jet, and narrow- and wide-body turbojet.
[[Page 12553]]
[GRAPHIC] [TIFF OMITTED] TR08MR11.001
The FAA calculated the range of the total costs of the SFAR by
taking the product for each of the affected passenger-carrying, part
121 airplanes; the number of lavatories on each airplane; the hourly
rate of a mechanic working for an airplane manufacturer; and the time
it takes to render the oxygen systems inoperative. We then summed the
costs for each of the affected part 121 airplanes to obtain a total
cost for this SFAR. The SFAR's requirement to remove inoperative oxygen
masks has a compliance time of a maximum of 30 days. The FAA is
publishing the SFAR in 2011; therefore, all costs will be in nominal
2011 dollars.
The following table shows these total cost results by equipment
group:
[GRAPHIC] [TIFF OMITTED] TR08MR11.002
The FAA believes these costs are minimal. The removal of inoperative
lavatory oxygen masks is to ensure passengers would not inadvertently
try to use such a mask in a depressurization. We believe these safety
benefits far exceed the minimal costs.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions. Agencies must perform a review to determine
whether a rule will have a significant economic impact on a substantial
number of small entities. If the agency determines that it will, the
agency must prepare a regulatory flexibility analysis as described in
the RFA.
However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear. The FAA believes that this SFAR will not have a significant
economic impact on a substantial number of small entities for the
following reason.
The net effect of the SFAR is to eliminate security vulnerabilities
with certain types of oxygen systems installed inside the lavatories of
most passenger-carrying, part 121 transport category airplanes. The
SFAR requires the removal of the inoperative oxygen masks installed
inside the lavatories of passenger-carrying, part 121 transport
category airplanes.
Under the RFA, the FAA must determine whether a rule significantly
affects a substantial number of small entities. This determination is
typically based on small entity size and cost thresholds that vary
depending on the affected industry.
Using the size standards from the Small Business Administration for
Air Transportation and Aircraft Manufacturing, we defined companies as
small entities if they have fewer than 1,500 employees.\2\
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\2\ 13 CFR part 121, Size Standards Used To Define Small
Business Concerns, Sector 48-49 Transportation, Subsector 481 Air
Transportation.
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The SFAR has a compliance time of a maximum of 30 days. The FAA
believes the SFAR will be published in 2011; therefore, all costs will
be in nominal 2011 dollars. For this analysis, we considered the
economic impact of this SFAR on small-entity part 121 operators. We
obtained a list of part 121 operators from the FAA Flight Standards
Service NVIS database.\3\ Using information provided by the U.S.
Department of Transportation Form 41 filings, we obtained company
revenue and employment for most of the part 121 U.S. operators.
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\3\ The National Vital Information Subsystem (NVIS) is a
subsystem of the Flight Standards Automation System (FSAS), which is
a comprehensive information system used primarily by inspectors to
record and disseminate data associated with inspector activity and
the aviation environment. NVIS maintains up-to-date information
about the aviation community within the jurisdiction of Flight
Standards.
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Using the methodology discussed above, we determined that of the 55
part 121 U.S. operators that could be affected by the rule, there are
38 that reported annual employment data. Of the 38 air carriers that
reported annual employment data, 14 air carriers meet the SBA size
standard for small business of 1,500. All of the 14 air carriers
reported annual revenue.
[[Page 12554]]
To assess the SFAR's cost impact to small-entity part 121
operators, the FAA has determined that the time necessary to render
lavatory oxygen systems inoperative is 10 to 15 minutes per airplane
lavatory and will be performed by a qualified, FAA-certificated
aircraft mechanic. For this analysis, we will conservatively use the
high time of 15 minutes.
The FAA is using a $48.38 hourly rate for a mechanic working for an
airplane manufacturer or modifier. We obtained the mechanic's hourly
rate from the Bureau of Labor Statistics, Table 7.1. These rates
include wages and benefits.
The FAA calculated the total costs of the SFAR by taking the
product for each of the affected passenger-carrying, part 121
airplanes; the number of lavatories on each airplane; the hourly rate
of a mechanic working for an airplane manufacturer or modifier; and the
time it takes to render the oxygen systems inoperative. We then summed
the costs for each of the affected part 121 airplanes to obtain a total
cost for this SFAR. We then measured the economic impact on small
entities by dividing the estimated compliance cost by each of the 14
small entities' annual revenue.
The SFAR's cost is estimated to be less than one percent of annual
revenues for all 14 small-entity operators. The following table shows
these results.
[GRAPHIC] [TIFF OMITTED] TR08MR11.003
Since the cost of the SFAR is less than one percent for each of the
14 small-entity operators, I certify that this SFAR will not have a
significant economic impact on a substantial number of small entities.
International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards.
The FAA has assessed the potential effect of this rule and
determined that as the objective of this rule is aviation safety and it
does not exclude imports, the rule does not create unnecessary
obstacles to foreign commerce.
Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and Tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $143.1 million in lieu of $100
million.
This rule does not contain such a mandate. Therefore, the
requirements of Title II of the Act do not apply.
Executive Order 13132, Federalism
The FAA has analyzed this interim rule under the principles and
criteria of Executive Order 13132, Federalism. The agency determined
that this action will not have a substantial direct effect on the
States, or the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and, therefore, does not have Federalism
implications.
Regulations Affecting Intrastate Aviation in Alaska
Section 1205 of the FAA Reauthorization Act of 1996 (110 Stat.
3213) requires the FAA, when modifying its regulations in a manner
affecting intrastate aviation in Alaska, to consider the extent to
which Alaska is not served by transportation modes other than aviation,
and to establish appropriate regulatory distinctions. We have
determined that there is no need to make any regulatory distinctions
applicable to intrastate aviation in Alaska.
Environmental Analysis
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 4j and involves no extraordinary
circumstances.
Regulations That Significantly Affect Energy Supply, Distribution, or
Use
The FAA analyzed this interim rule under Executive Order 13211,
Actions
[[Page 12555]]
Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
is not a ``significant energy action'' under the executive order and it
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy.
How To Obtain Additional Information
Rulemaking Documents
An electronic copy of a rulemaking document my be obtained by using
the Internet--
1. Search the Federal eRulemaking Portal (http://www.regulations.gov);
2. Visit the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or
3. Access the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
Copies may also be obtained by sending a request (identified by
amendment or docket number of this rulemaking) to the Federal Aviation
Administration, Office of Rulemaking, ARM-1, 800 Independence Avenue
SW., Washington, DC 20591, or by calling (202) 267-9680.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. A small entity with questions regarding this document,
may contact its local FAA official, or the person listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the Internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.
List of Subjects
14 CFR Part 21
Aircraft, Aviation safety, Exports, Imports, Reporting and
recordkeeping requirements.
14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
14 CFR Part 121
Air carriers, Aircraft, Airmen, Aviation safety, Charter flights,
Reporting and recordkeeping requirements, Safety, Transportation.
14 CFR Part 129
Air carriers, Aircraft, Aviation safety, Reporting and
recordkeeping requirements, Security measures, Smoking.
The Amendments
In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of Title 14, Code of Federal
Regulations as follows:
PART 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS
0
1. The authority for part 21 continues to read as follows:
Authority: 42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113,
44701-44702, 44704, 44707, 44709, 44711, 44713, 44715, 45303.
0
2. Amend part 21 by adding subpart P, consisting of Sec. 21.700, to
read as follows:
Subpart P--Special Federal Aviation Regulations
Sec. 21.700 SFAR No. 111--Lavatory Oxygen Systems.
The requirements of Sec. 121.1500 of this chapter also apply to
this part.
PART 25--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY AIRPLANES
0
3. The authority for part 25 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702 and 44704.
0
4. Amend part 25 by adding subpart I, consisting of Sec. 25.1801, to
read as follows:
Subpart I--Special Federal Aviation Regulations
Sec. 25.1801 SFAR No. 111--Lavatory Oxygen Systems.
The requirements of Sec. 121.1500 of this chapter also apply to
this part.
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
0
5. The authority citation for part 121 continues to read as follows:
Authority: 49 U.S.C. 106(g), 1153, 40113, 40119, 41706, 44101,
44701-44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901,
44903-44904, 44912, 46105.
0
6. Add subpart DD, consisting of Sec. 121.1500, to read as follows:
Subpart DD--Special Federal Aviation Regulations
Sec. 121.1500 SFAR No. 111--Lavatory Oxygen Systems.
(a) Applicability. This SFAR applies to the following persons:
(1) All operators of transport category airplanes that are equipped
with any chemical oxygen generator installed in any lavatory that are
engaged in passenger-carrying operations and that:
(i) Operate under 14 CFR part 121; or
(ii) Operate U.S.-registered airplanes with a maximum passenger
capacity of 20 or greater under 14 CFR part 129.
(2) Applicants for airworthiness certificates.
(3) Holders of production certificates.
(4) Applicants for type certificates, including changes to type
certificates.
(b) Regulatory Relief. Contrary provisions of 14 CFR part 21, and
14 CFR 25.1447, 119.51, 121.329, 121.333 and 129.13, notwithstanding,
for the duration of this SFAR:
(1) A person described in paragraph (a) of this section may conduct
flight operations and add airplanes to operations specifications with
disabled lavatory oxygen systems, modified in accordance with FAA
Airworthiness Directive 2011-04-09, subject to the following
limitations:
(i) This relief is limited to regulatory compliance of lavatory
oxygen systems.
(ii) Within 30 days of the effective date of this SFAR, all oxygen
masks must be removed from affected lavatories, and the mask stowage
location must be reclosed.
(iii) Within 60 days of the effective date of this SFAR each
affected operator must verify that crew emergency procedures
specifically include a visual check of the lavatory as a priority when
checking the cabin following any event where oxygen masks were deployed
in the cabin.
(2) An applicant for an airworthiness certificate may obtain an
airworthiness certificate for airplanes to be operated by a person
described in paragraph (a) of this section, although the airplane
lavatory oxygen system is disabled.
(3) A holder of a production certificate may apply for an
airworthiness certificate or approval for airplanes to be operated by a
person described in paragraph (a) of this section.
(4) An applicant for a type certificate or change to a type
certificate may obtain a design approval without showing compliance
with Sec. 25.1447(c)(1) of this chapter for lavatory oxygen systems,
in accordance with this SFAR.
(5) Each person covered by paragraph (a) of this section may inform
passengers that the lavatories are not equipped with supplemental
oxygen.
(c) Return to Service Documentation. When a person described in
paragraph (a) of this section has modified airplanes as required by
Airworthiness Directive
[[Page 12556]]
2011-04-09, the affected airplanes must be returned to service with a
note in the airplane maintenance records that the modification was done
under the provisions of this SFAR.
(d) Expiration. This SFAR will remain in effect until further
action.
PART 129--OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF
U.S.-REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE
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7. The authority citation for part 129 continues to read as follows:
Authority: 49 U.S.C. 1372, 40113, 40119, 44101, 44701-44702,
44705, 44709-44711, 44713, 44716-44717, 44722, 44901-44904, 44906,
44912, 46105, Pub. L. 107-71 sec. 104.
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8. Amend part 129 by adding subpart C, consisting of Sec. 129.201, to
read as follows:
Subpart C--Special Federal Aviation Regulations
Sec. 129.201 SFAR No. 111--Lavatory Oxygen Systems.
The requirements of Sec. 121.1500 of this chapter also apply to
this part.
Issued in Washington, DC, on March 4, 2011.
J. Randolph Babbitt,
Administrator.
[FR Doc. 2011-5325 Filed 3-7-11; 8:45 am]
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