[Federal Register Volume 78, Number 18 (Monday, January 28, 2013)]
[Rules and Regulations]
[Pages 5707-5710]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-01695]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
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Federal Register / Vol. 78, No. 18 / Monday, January 28, 2013 / Rules
and Regulations
[[Page 5707]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 121
[Docket No. FAA-2011-0186; Amendment Nos. 121-362]
RIN 2120-AK14
Lavatory Oxygen Systems
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action adds termination criteria and an expiration date
to Special Federal Aviation Regulation 111, which temporarily
authorizes variances from existing standards related to the
provisioning of supplemental oxygen inside lavatories. This action is
necessitated by the publication of Airworthiness Directive 2012-11-09,
which mandates actions that restore supplemental oxygen to lavatories.
DATES: This final rule is effective March 29, 2013.
ADDRESSES: For information on where to obtain copies of rulemaking
documents and other information related to this final rule, see ``How
To Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION
section of this document.
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; email: 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; email:
douglas.anderson@faa.gov.
SUPPLEMENTARY INFORMATION:
Good Cause
The FAA finds that notice and public comment to this final rule are
unnecessary, since this amendment is a conforming change in light of
the rulemaking activity that led to AD 2012-11-09.\1\ Interested
parties have been offered an opportunity to comment on the issues
covered by this SFAR, and the FAA has considered all comments. See
Airworthiness Directive (AD) 2012-11-09; 77 FR 38000, June 26, 2012.
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\1\ AD 2012-11-09, Airworthiness Directives; Various Transport
Category Airplanes (Docket No. FAA-2012-0102), 77 FR 38000, June 26,
2012.
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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. Overview of Final Rule
The FAA issued Special Federal Aviation Regulation (SFAR) 111 to
address the noncompliance with the regulations created by compliance
with AD 2011-04-09.\2\ Because no solution was available at that time
that would both comply with the AD and provide oxygen to occupants of
lavatories, the SFAR was intended to be in effect until superseded by
further action.
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\2\ AD 2011-04-09, Airworthiness Directives; Various Transport
Category Airplanes Equipped with Chemical Oxygen Generators
Installed in a Lavatory (Docket No. FAA-2011-0157). 76 FR 12556,
March 8, 2011.
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As discussed in the preambles to the notice of proposed rulemaking
(NPRM) \3\ and final rule adopting AD 2012-11-09, the FAA chartered an
Aviation Rulemaking Committee (ARC) to identify methods of restoring
oxygen in lavatories without creating security vulnerabilities. The FAA
is in the process of developing rulemaking to adopt new standards for
chemical oxygen generator system installations, based on the ARC
recommendations, and has issued Policy Statement PS-ANM-25-04, Chemical
Oxygen Generator Installations. Applicants may use the guidance in that
policy statement for approval of chemical oxygen generator systems.
Further, the FAA has issued AD 2012-11-09, which mandates installation
of a supplemental oxygen system in all airplanes affected by AD 2011-
04-09.
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\3\ 77 FR 11418, February 27, 2012.
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The FAA is now establishing an expiration date for SFAR 111 that
coincides with the compliance date of AD 2012-11-09. While we fully
expect that the compliance time specified in the AD is sufficient to
enable all affected operators to comply within that time, it is
possible there will be circumstances beyond an operator's control under
which the operator's compliance will be delayed. If the delay is
adequately justified, per Sec. 39.19, the FAA may approve an
alternative method of compliance (AMOC) or extension of compliance
time. To avoid having to initiate additional rulemaking or to grant a
separate exemption from the regulations referenced in SFAR 111,
paragraph (e) would allow for an extension of the expiration of the
SFAR corresponding to the duration of any such extension of compliance
time.
Provisions of SFAR 111
The applicability of the SFAR has been amended to conform to AD
2012-11-09. The amended SFAR applies to persons required to comply with
AD 2012-11-09, but only for airplanes on which the actions required by
the AD have not yet been accomplished. The effect of this limitation is
that, once those actions are accomplished on an airplane, it is no
longer eligible for the relief or subject to the requirements provided
by this SFAR, and the operator
[[Page 5708]]
is again required to comply with the applicable rules specified in
paragraph (b) of the SFAR.
Until compliance with AD 2012-11-09 is accomplished, the amended
SFAR allows all air carriers that were required to comply with AD 2011-
04-09 to continue to operate without complying with specific
regulations pertaining to supplemental oxygen systems. The amended SFAR
also permits manufacturers and modifiers of transport category
airplanes to deliver or return to service airplanes affected by the FAA
directive with the same relief. In addition, the amended 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. Paragraph (c) of the amended SFAR requires that
when a person described in paragraph (a) of this section has modified
airplanes as required by Airworthiness Directive 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.
Paragraph (h) of AD 2011-04-09 also contains a provision for
regulatory relief that is in effect until superseded by other
rulemaking. AD 2012-11-09 superseded AD 2011-04-09 and contains a
similar provision for superseding future rulemaking to allow for the
progressive retrofit of the affected fleet. As such, the amended SFAR
is only needed to allow for deliveries, modifications and other entries
into service that might otherwise not be allowed due to noncompliance
with supplemental oxygen requirements, until the compliance date of AD
2012-11-09.
II. Background
On March 8, 2011, the FAA published an interim final rule, request
for comments (Amendment Nos. 21-94, 25-133, 121-354, 129-50; SFAR 111),
on security considerations for lavatory oxygen systems in the Federal
Register (76 FR 12550). The FAA had become aware of security
vulnerability with certain types of oxygen systems installed inside the
lavatories of most transport category airplanes. As a result, the FAA
mandated that these oxygen systems be rendered inoperative until the
vulnerability could be eliminated. However, by rendering the oxygen
systems inoperative to comply with that mandatory action, operators
were 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 fleet of in-service airplanes, newly
manufactured airplanes and airplanes undergoing other modification also
needed to render the oxygen systems in the lavatories inoperative. SFAR
111 was needed so the affected airplanes could continue operating until
the issue was resolved.
The FAA then chartered an Aviation Rulemaking Committee (ARC) to
make recommendations regarding new standards for the oxygen system
installation, as well as how to implement those standards. The ARC
submitted its recommendations to the FAA, and the FAA intends to use
those recommendations as the basis for new standards and new
installation approvals.
III. Discussion of Public Comments and Final Rule
The FAA received comments from ten commenters regarding SFAR 111.
Those commenters were: Aerox Aviation Oxygen Systems, Inc., The Boeing
Company, and eight individual commenters. The FAA's disposition of
those comments was published in the Federal Register on February 27,
2012 (77 FR 11385.) The FAA determined that no revisions to SFAR 111
were necessary based off comments received.
IV. Regulatory Notices and Analyses
A. Regulatory Evaluation
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
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. 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 final rule. 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 full evaluation, this order permits that a statement to that
effect and the basis for it to be included in the preamble if a full
regulatory evaluation of the cost and benefits is not prepared. Such a
determination has been made for this final rule. The reasoning for this
determination follows:
This final rule adds an expiration date to SFAR 111 that coincides
with the compliance date for AD 2012-11-09.
The FAA has, therefore, determined that this final rule is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures.
B. 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 costs to small airline operators to install lavatory oxygen
generating
[[Page 5709]]
systems have been addressed in the economic analysis associated with
the rulemaking for AD-2012-11-09. This final rule ensures that the
expiration date of SFAR 111 will coincide with the compliance date of
AD-2012-11-09, but also allows for an extension of compliance time if
the delay is adequately justified.
Therefore as the FAA Acting Administrator, I certify that this rule
will not have a significant economic impact on a substantial number of
small entities.
C. 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 as 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 final rule and determined that it
responds to a domestic safety objective and is not considered an
unnecessary obstacle to international trade.
D. 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 final rule does not contain such a mandate; therefore,
the requirements of Title II of the Act do not apply.
E. 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 final rule.
F. International Compatibility and Cooperation
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
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified no differences with these regulations.
Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609, and has determined that this action would have
no effect on international regulatory cooperation.
G. 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 312f and involves no extraordinary
circumstances.
V. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this final 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.
B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this final rule under Executive Order 13211,
Actions 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.
VI. How To Obtain Additional Information
A. 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.gpo.gov/fdsys/.
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.
B. Comments Submitted to the Docket
Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the
docket number for this action. Anyone is able to search the electronic
form of all comments received into any of the FAA's dockets by the name
of the individual submitting the comment (or signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
C. 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 in 14 CFR Part 121
Air carriers, Aircraft, Airmen, Aviation safety, Charter flights,
Reporting and recordkeeping requirements, Safety, Transportation.
The Amendments
In consideration of the foregoing, the Federal Aviation
Administration
[[Page 5710]]
amends chapter I of Title 14, Code of Federal Regulations as follows:
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
0
1. 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.
Subpart DD--Special Federal Aviation Regulations
0
2. Revise Sec. 121.1500 to read as follows:
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 required
to comply with AD 2012-11-09, but only for airplanes on which the
actions required by that AD have not been accomplished.
(2) Applicants for airworthiness certificates.
(3) Holders of production certificates.
(4) Applicants for type certificates, including changes to type
certificates.
(b) Regulatory relief. Except as noted in paragraph (d) of this
section and 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 March 29, 2013, all oxygen masks must be
removed from affected lavatories, and the mask stowage location must be
reclosed.
(iii) Within 60 days of March 29, 2013 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 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 expires on September 10, 2015, except
this SFAR will continue to apply to any airplane for which the FAA
approves an extension of the AD compliance time for the duration of the
extension.
Issued in Washington, DC, on January 18, 2013.
Michael P. Huerta,
Administrator.
[FR Doc. 2013-01695 Filed 1-25-13; 8:45 am]
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