```

[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Rules and Regulations]
[Pages 12550-12556]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-5325]

=======================================================================
-----------------------------------------------------------------------

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

[[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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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\
---------------------------------------------------------------------------

    \2\ 13 CFR part 121, Size Standards Used To Define Small 
Business Concerns, Sector 48-49 Transportation, Subsector 481 Air 
Transportation.
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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

0
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.

0
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]
BILLING CODE 4910-13-P
```