12550 Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Rules and Regulations 

List of Subjects in 4 CFR Part 81 

Administrative practice and 

procedure, Archives and records, 

Computer technology, Electronic 

products, Freedom of information, 

Public reading room, Requests for 

records. 

For the reasons stated in the 

preamble, the Government 

Accountability Office amends 4 CFR 

part 81 as follows: 

PART 81—PUBLIC AVAILABILITY OF 

GOVERNMENT ACCOUNTABILITY 

OFFICE RECORDS 

■ 1. The authority citation for part 81 

continues to read as follows: 

Authority: 31 U.S.C. 711. 

■ 2. Amend § 81.1 to revise the first 

sentence of paragraph (a), to revise 

paragraph (b), and to add paragraph (c) 

to read as follows: 

§ 81.1 Purpose and scope of part. 

(a) This part implements the policy of 

the U.S. Government Accountability 

Office (GAO) with respect to the public 

availability of GAO records, except as 

set forth in paragraph (b) of this section. 

* * * 

(b) GAO published testimonies, 

reports, decisions, special publications, 

or listings of publications are not 

included within the scope of this part. 

These documents may be obtained from 

the GAO Web site, http://www.gao.gov, 

or by telephone at 202–512–6000, TDD 

202–512–2537, or 1–866–801–7077 (toll 

free). These publications may be 

downloaded free of charge from the 

GAO Web site. Paper copies requested 

from GAO are subject to a printing, 

shipping, and handling fee. 

(c) Requests for all other GAO records 

are within the scope of this part and 

should be submitted to GAO as directed 

in paragraph (a) of § 81.4. 

■ 3. Revise § 81.2 to read as follows: 

§ 81.2 Administration. 

GAO’s Chief Quality Officer 

administers this part and may 

promulgate such supplemental rules or 

regulations as may be necessary. 

■ 4. In § 81.4, remove the second 

sentence of paragraph (a). 

■ 5. Amend § 81.6 to revise paragraph 

(g) and the sentence following the italic 

heading in paragraph (m) to read as 

follows: 

§ 81.6 Records which may be exempt from 

disclosure. 

* * * * * 

(g) Records compiled for law 

enforcement purposes that originate in 

another agency, or records provided by 

GAO to another agency for law 

enforcement purposes. 

* * * * * 

(m) * * * Records obtained by the 

GAO Forensic Audits and Special 

Investigations (GAO FraudNet) are an 

example of records that could contain 

information covered by this exemption. 

■ 6. Amend § 81.8 to add a new second 

sentence, and to revise the last sentence 

as follows: 

§ 81.8 Public reading facility. 

* * * To determine if a record is part 

of the public reading facility collection 

and to schedule an appointment to visit 

the facility, contact the Library reference 

desk at 202–512–2585. The facility is 

open to the public from 8:30 a.m. to 

4 p.m. except Saturdays, Sundays, and 

Federal holidays. 

Lynn H. Gibson, 

General Counsel, U.S. Government 

Accountability Office. 

[FR Doc. 2011–4988 Filed 3–7–11; 8:45 am] 

BILLING CODE 1610–02–P 

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. 

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: 

jeff.gardlin@faa.gov. 

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: 

douglas.anderson@faa.gov. 

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 


emcdonald on DSK2BSOYB1PROD with RULES
Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Rules and Regulations 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 inservice 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 

§ 25.1447 is reinforced in the 

operational requirements of §§ 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 × 

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 


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12552 Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Rules and Regulations 

1The 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. 

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 passengercarrying 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, FAAcertificated 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. 

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. 


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Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Rules and Regulations 12553 

2 13 CFR part 121, Size Standards Used To Define 

Small Business Concerns, Sector 48–49 

Transportation, Subsector 481 Air Transportation. 

3The 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. 

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: 

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-forprofit 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

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. 

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. 


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12554 Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Rules and Regulations 

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. 

Since the cost of the SFAR is less than 

one percent for each of the 14 smallentity 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 


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Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Rules and Regulations 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 

■ 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. 

■ 2. Amend part 21 by adding subpart 

P, consisting of § 21.700, to read as 

follows: 

Subpart P—Special Federal Aviation 

Regulations 

§ 21.700 SFAR No. 111—Lavatory Oxygen 

Systems. 

The requirements of § 121.1500 of this 

chapter also apply to this part. 

PART 25—AIRWORTHINESS 

STANDARDS: TRANSPORT 

CATEGORY AIRPLANES 

■ 3. The authority for part 25 continues 

to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701, 

44702 and 44704. 

■ 4. Amend part 25 by adding subpart 

I, consisting of § 25.1801, to read as 

follows: 

Subpart I—Special Federal Aviation 

Regulations 

§ 25.1801 SFAR No. 111—Lavatory Oxygen 

Systems. 

The requirements of § 121.1500 of this 

chapter also apply to this part. 

PART 121—OPERATING 

REQUIREMENTS: DOMESTIC, FLAG, 

AND SUPPLEMENTAL OPERATIONS 

■ 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. 

■ 6. Add subpart DD, consisting of 

§ 121.1500, to read as follows: 

Subpart DD—Special Federal Aviation 

Regulations 

§ 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 

§ 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 


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12556 Federal Register / Vol. 76, No. 45 / Tuesday, March 8, 2011 / Rules and Regulations 

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 

■ 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. 

■ 8. Amend part 129 by adding subpart 

C, consisting of § 129.201, to read as 

follows: 

Subpart C—Special Federal Aviation 

Regulations 

§ 129.201 SFAR No. 111—Lavatory Oxygen 

Systems. 

The requirements of § 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] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2011–0157; Directorate 

Identifier 2010–NM–261–AD; Amendment 

39–16630; AD 2011–04–09] 

RIN 2120–AA64 

Airworthiness Directives; Various 

Transport Category Airplanes 

Equipped With Chemical Oxygen 

Generators Installed in a Lavatory 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: This document publishes in 

the Federal Register an amendment 

adopting airworthiness directive (AD) 

2011–04–09 that was sent previously by 

individual notices to the known U.S. 

owners and operators of affected 

airplanes identified above. This AD 

requires modifying the chemical oxygen 

generators in the lavatory. This AD was 

prompted by reports that the current 

design of these oxygen generators 

presents a hazard that could jeopardize 

flight safety. We are issuing this AD to 

eliminate this hazard. 

DATES: This AD becomes effective 

March 14, 2011 to all persons except 

those persons to whom it was made 

immediately effective by AD 2011–04– 

09, which contained the requirements of 

this amendment. 

We must receive comments on this 

AD by April 22, 2011. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue, SE., Washington, DC 20590, 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (telephone 800–647– 

5527) is in the ADDRESSES section. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: Jeff 

Gardlin, Aerospace Engineer, Cabin 

Safety Branch, ANM–115, FAA, 

Transport Airplane Directorate, 1601 

Lind Avenue, SW., Renton, Washington 

98057–3356; telephone 425–227–2136; 

fax 425–227–1149; e-mail 

jeff.gardlin@faa.gov; or 

Robert Hettman, Aerospace Engineer, 

Propulsion and Mechanical Systems 

Branch, ANM–112, FAA, Transport 

Airplane Directorate, 1601 Lind 

Avenue, SW., Renton, Washington 

98057–3356; telephone (425) 227–2683; 

fax (425) 227–1149; e-mail 

robert.hettman@faa.gov. 

SUPPLEMENTARY INFORMATION: On 

February 10, 2011, we issued AD 2011– 

04–09, which applies to certain 

passenger-carrying transport category 

airplanes operating in 14 CFR part 121 

air carrier service; or U.S.-registered and 

operating under 14 CFR part 129, with 

a maximum passenger capacity of 20 or 

greater; and equipped with any 

chemical oxygen generator installed in 

any lavatory. 

Background 

This AD was prompted by reports that 

the current design of these oxygen 

generators presents a hazard that could 

jeopardize flight safety. We are issuing 

this AD to eliminate this hazard. 

FAA’s Determination and Requirements 

of This AD 

Since the unsafe condition described 

is likely to exist or develop on other 

airplanes of the same type design, we 

issued AD 2011–04–09 to eliminate a 

hazard with chemical oxygen generators 

in the lavatory, which, if not corrected, 

could jeopardize flight safety. The AD 

requires either activating all chemical 

oxygen generators in the lavatories until 

the generator oxygen supply is 

expended, or removing the oxygen 

generator(s); and, for each chemical 

oxygen generator, after the generator is 

expended (or removed), removing or restowing the oxygen masks and closing 

the mask dispenser door. 

We have determined that notice and 

opportunity for prior public comment 

on AD 2011–04–09 were contrary to the 

public interest, and good cause existed 

to make the AD effective immediately 

by individual notices issued on 

February 10, 2011, to the known U.S. 

owners and operators of certain 

passenger-carrying transport category 

airplanes operating in 14 CFR part 121 

air carrier service; or U.S.-registered and 

operating under 14 CFR part 129, with 

a maximum passenger capacity of 20 or 

greater; and equipped with any 

chemical oxygen generator installed in 

any lavatory. 

These conditions still exist, and the 

AD is hereby published in the Federal 

Register as an amendment to section 

39.13 of the Federal Aviation 

Regulations (14 CFR 39.13) to make it 

effective to all persons. 

Differences Between This Federal 

Register Version and the Individual 

Notices 

This Federal Register version of the 

AD is different from the individual 

notices previously issued. These 

individual notices contained a timelimited flight crew notification 

procedure. This procedure required that 

the pilot in command be notified that 

the oxygen generators in the lavatories 

had been rendered inoperative, and 

instructed the pilot in command to brief 

the crew that in the event of a rapid 


emcdonald on DSK2BSOYB1PROD with RULES