[Federal Register Volume 87, Number 171 (Tuesday, September 6, 2022)]
[Notices]
[Pages 54592-54596]
[FR Doc No: 2022-19024]

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DEPARTMENT OF TRANSPORTATION

Office of the Secretary

[Docket No. DOT-OST-2021-0041]

Privacy Act of 1974; Systems of Records

AGENCY: Office of the Departmental Chief Information Officer, Office of
the Secretary of Transportation, DOT.

ACTION: Notice of a modified system of records and rescindment of a
system of records notice.

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SUMMARY: In accordance with the Privacy Act of 1974, the Department of
Transportation (DOT) intends to modify and re-issue a DOT Federal
Aviation Administration (FAA) system of records notice titled, ``DOT/
FAA 830--Representatives of the Administrator.'' This system of records
notice (hereafter referred to as ``Notice'') covers FAA records
collected and maintained in support of FAA's management and oversight
of individuals applying to become or are Representatives of the
Administrator ``designees.'' Modification of DOT/FAA 830 is necessary
due to changes and consolidation of the systems and processes used to
manage designee programs.

DATES: Written comments should be submitted on or before 30 days from
the date of publication of this notice. The Department may publish an
amended Notice to address any comments received. This modified system
of records will be effective 30 days after publication of this notice
and the DOT/FAA 822 rescinded upon publication of this notice.

ADDRESSES: You may submit comments, identified by docket number DOT-
OST-2021-0041 by any of the following methods:
     Federal e-Rulemaking Portal: http://www.regulations.gov.
Follow the instructions for submitting comments.
     Mail: Docket Management Facility, U.S. Department of
Transportation, 1200 New Jersey Ave. SE. West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery or Courier: West Building Ground Floor, Room
W12-140, 1200 New Jersey Ave. SE, between 9 a.m. and 5 p.m. ET, Monday
through Friday, except Federal holidays.
     Fax:<PHONE_NUMBER>.
     Instructions: You must include the agency name and docket
number DOT-OST-2021-0041.
     All comments received will be posted without change to
http://www.regulations.gov, including any personal information
provided.
    Privacy Act: Anyone is able to search the electronic form of all
comments received in any of our 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.). You may review the
DOT's complete Privacy Act statement in the Federal Register published
on January 17, 2008 (73 FR 3316-3317), or you may visit http://DocketsInfo.dot.gov.
    Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov or to the street
address listed above. Follow the online instructions for accessing the
docket.

FOR FURTHER INFORMATION CONTACT: For questions, please contact Karyn
Gorman, Acting Departmental Chief Privacy Officer, Privacy Office,
Department of Transportation, Washington, DC 20590; [email protected]; or
202-366-3140.

SUPPLEMENTARY INFORMATION:

Designees

    Designees are representatives of the FAA who are authorized to
perform certification-related tasks on behalf of the FAA Administrator.
In accordance with section 44702 of title 49, United States Code, the
FAA may delegate to a qualified private person a matter related to
issuing certificates, or related to the examination, testing, and
inspection necessary to issue a certificate on behalf of the FAA
Administrator as authorized by statute.

Rescindment of DOT/FAA 822, Aviation Medical Examiner System

    FAA intends to rescind DOT/FAA 822--Aviation Medical Examiner
System, (65 FR 19522, April 11, 2000) and incorporate records covered
under that notice within the scope of DOT/FAA 830. The rescindment and
incorporation is appropriate because the FAA has integrated the
management and oversight of the Aviation Medical Examiner (AME) program
with that of other designees. These programs are managed using the same
FAA policy and information system, and have common processes.
Consolidation of the Notices ensures consistency in the Privacy Act
management of all designee records.

Notice Updates

    This Notice updates the system location, system manager, categories
of individuals, categories of records, the record source categories,
the routine uses of records maintained in the system, policies and
practices for storage of records, policies and practices

for retrieval of records, policies and practices for retention and
disposal of records, administrative, technical and physical safeguards,
record access procedures, contesting record procedures, notification
procedures, and the history section.
    The updates include substantive changes, non-substantive changes,
or information that clarifies content in the previously published
Notice. Updates include editorial changes to simplify and clarify the
language, formatting, and text of the previously published Notice to
align with the requirements of Office of Management and Budget
Memoranda (OMB) A-108 and to ensure consistency with other Notices
issued by the Department of Transportation.

I. Background

    In accordance with the Privacy Act of 1974, DOT proposes to modify
and re-issue a Department of Transportation system of record notice
titled, ``Department of Transportation, Federal Aviation
Administration, DOT/FAA--830 Representatives of the Administrator.''
This Notice covers information required in connection with applications
for and issuance of authorizations to be Representatives of the
Administrator, authorized by section 49 of title 49, United States
Code. Additionally, the Department proposes to rescind ``DOT/FAA 822--
Aviation Medical Examiner System.'' and incorporate these records into
DOT/FAA--830, Representatives of the Administrator. The following
substantive changes have been made to the Notice:
    1. Purpose: The purpose section has been updated to explicitly
include making designee information available to the public. The FAA
authorizes designees to perform functions on behalf of the Department
and requires members of the public to use the services of authorized
designees to obtain certain certifications such as aircraft
inspections, pilot licenses, etc.
    2. System Location: To support standardized processing of designee
certification tasks and to improve efficiencies in system management
and operations, the FAA centralized all designee systems at the Mike
Monroney Aeronautical Center. The previously published SORN identified
multiple offices for the system location. All records covered the
Notice are maintained at the Federal Aviation Administration, Mike
Monroney Aeronautical Center, P.O. Box 25082, Oklahoma City, Oklahoma
73125.
    3. System Manager: This Notice updates the system manager to
reflect the change in the system owner from the Designees
Standardization Branch (AFS-640) to the Delegation Program Branch (AFS-
620).
    4. Categories of Individuals: The categories of individuals were
updated to reflect designee applicants, current designees, and former
designees. The previously published SORN expressly identified several
types of designees, and listed them by name. This Notices uses the
single term ``designees'' to cover all individuals defined as such
under 49 U.S.C. 44702. The categories of individuals include designee
applicants, current designees and former designees for all designee
types. Aviation Medical Examiners (AME), including private civilian
physicians, selected United States military flight surgeons, and
selected United States Federal medical officers designated as AMEs
under FAA regulations and previously covered under DOT/FAA 822, are
included within the definition of ``designee''.
    5. Categories of Records: The categories of records have been
updated to reflect that the system no longer collects or maintains
social security numbers (SSNs). SSNs are no longer needed and were
deleted from electronic records and redacted from paper records
consistent with strong privacy protection practices and statutory and
OMB requirements to reduce the unnecessary collection, use, and
maintenance of SSNs.
    6. Records Source: This Notice updates clarifies that information
maintained in the system of records is collected directly from
individuals identified as designees during the application,
designation, and appointment process. Information on civilian AMEs may
be validated against information held by the Federation of State
Medical Boards of the United States. The FAA retains only the outcome
of the check and not the source information held by the Medical Boards.
Inclusion of this record source in this Notice is not a material change
for AMEs previously covered by DOT/FAA 822.
    7. Routine Uses: This Notice modifies the exiting routine use
permitting sharing of designee information with members of the public
to include the designee's authorization. The routine use now permits
the FAA to share with ``members of the public, the names, addresses,
and authorizations of those designees who provide FAA certification
services to solicit and retain designee for such services.'' Its
inclusion in this notice does not constitute a substantive change for
the AME population as the routine use is consistent with the purposes
of collection because the purpose of designee certification is to
certify individuals authorized to act on behalf of the FAA.
    This Notice also includes the Department of Transportation's
general routine uses applicable to this Notice as they were previously
only incorporated by reference. OMB Circular A-108 recommends that
agencies include all routine uses in one notice rather than
incorporating general routine uses by reference; therefore, the
Department is replacing the statement in DOT/FAA 830 that referenced
the ``Statement of General Routine Uses'' with all of the general
routine uses that apply to this system of records. This update does not
substantially affect any of the routine uses for records maintained in
this system.
    8. Records Storage: This Notice updates the policies and practices
for the storage of records to reflect that records previously stored on
microfiche, microfilm, and electronic optical storage have been
digitized and are stored along with all new records in an electronic
database. Hard copy and electronic records are maintained in a secure
facility.
    9. Records Retrieval: This Notice updates the policies and
practices for the retrieval of records to reflect that all current and
former designees and designee applicants are searched and located by
name, designee number, and/or airman certificate number of the
designee. SSN has been removed as a method of retrieval in both hard
copy and electronic records. The SSNs are no longer needed and were
deleted from electronic records and redacted from paper record.
    10. Retention and Disposal: This Notice updates the policies and
practices for retention and disposal of records section to include a
new proposed records retention and disposition schedule for all
designee case files (including AMEs). The stated retention period in
the previously published stated that designee records are maintained
for 5 years after the designation became inactive, or when no longer
needed; AME records maintained under DOT/FAA 830 were maintained for 25
years following a designee's inactive status. FAA has submitted a new
records retention and disposition schedule to the National Archives and
Records Administration (NARA) in which it proposes to retain all
designee records for 25 years following the designee's inactive status.
The expansion of the retention period for non-AME designees is
necessitated by FAA's need to retain records in support of
investigations and to limit unnecessary duplication of records

collection activities and ensure comprehensive check of designee
history when inactive designees seek reappointment. The inclusion of
the 25-year retention period is not a material change for those
designees previously covered by DOT/FAA 830.
    The following non-substantive changes to the, record access and
contesting records, and notifications procedures, have been made to
improve the transparency and readability of the Notice:
    11. Records Access: This Notice updates the record access
procedures to reflect that signatures on signed requests for records
must either be notarized or accompanied by a statement made under
penalty of perjury in compliance with 28 U.S.C. 1746.
    12. Contesting Records: This Notice updates the procedures for
contesting records to refer the reader to the record access procedures
section. The purpose of this non-substantive update is to align with
the requirements of OMB Memoranda A-108 and for consistency with other
DOT/FAA SORNs.
    13. Notifications: This Notice updates the notification procedures
to refer the reader to the record access procedures section. The
purpose of this non-substantive update is to align with the
requirements of OMB Memoranda A-108 and for consistency with other DOT/
FAA SORNs.

II. Privacy Act

    The Privacy Act (5 U.S.C. 552a) governs the means by which the
Federal Government collects, maintains, and uses personally
identifiable information (PII) in a System of Records. A ``System of
Records'' is a group of any records under the control of a Federal
agency from which information about individuals is retrieved by name or
other personal identifier. The Privacy Act requires each agency to
publish in the Federal Register a System of Records Notice (SORN)
identifying and describing each System of Records the agency maintains,
including the purposes for which the agency uses PII in the system, the
routine uses for which the agency discloses such information outside
the agency, and how individuals to whom a Privacy Act record pertains
can exercise their rights under the Privacy Act (e.g., to determine if
the system contains information about them and to contest inaccurate
information). In accordance with 5 U.S.C. 552a(r), DOT has provided a
report of this system of records to the Office of Management and Budget
and to Congress.

SYSTEM NAME AND NUMBER:
    Department of Transportation (DOT)/Federal Aviation Administration
(FAA) 830 Representatives of the Administrator.

SECURITY CLASSIFICATION:
    Unclassified, sensitive.

SYSTEM LOCATION:
    Federal Aviation Administration, Mike Monroney Aeronautical Center,
P.O. Box 25082, Oklahoma City, Oklahoma 73125.

SYSTEM MANAGER:
    System Stewart, Delegation Program Branch (AFS-620), https://av-info.faa.gov/Feedback/, Federal Aviation Administration, Mike Monroney
Aeronautical Center, P.O. Box 25082, Oklahoma City, Oklahoma 73125.

AUTHORITY FOR MAINTENANCE OF THE SYSTEM:
    49 U.S.C. 40101, 40113, 44701, 44702, and 44703.

PURPOSE(S) OF THE SYSTEM:
    The purpose of this system of records is to centralize designee
information and to facilitate the FAA's standardization of designee
qualifications by tracking training, accomplishments and limitations of
current designees, and to determine professional qualifications and
designation authorization (initial and subsequent) of the same. The
system of records collects personal information from applications
seeking designation by the FAA Administrator. The information
maintained in this system of records is used to identify a list of
applicants for future appointment as necessary, to validate records,
and to approve new designees. The information is also used to maintain
and make available to the public a list of designees who provide
services.

CATEGORIES OF INDIVIDUALS COVERED BY THE SYSTEM:
    Designee applicants, current designees, and former designees.

CATEGORIES OF RECORDS IN THE SYSTEM:
    Categories of records maintained in this system include but are not
limited to names, dates and places of birth, gender, citizenship, and
personal contact information (mailing address, telephone number, and
email address); business contact information (mailing address,
telephone number, and email address); unique identifier numbers
(including designation numbers, certificate numbers, and credential
numbers); applications for designee status (including records of
qualification and certifications); records that include information
regarding appointments, training, renewals, terminations, employment
history and monitoring of the designee's performance.

RECORD SOURCE CATEGORIES:
    Information is collected directly from the individuals during the
application, designation and appointment process. Additional background
information on civilian AMEs may be validated by the Federation of
State Medical Boards of the United States.

ROUTINE USES OF RECORDS MAINTAINED IN THE SYSTEM, INCLUDING CATEGORIES
OF USERS AND THE PURPOSES OF SUCH USES:
    In addition to other disclosures generally permitted under 5 U.S.C.
552a(b) of the Privacy Act, all or a portion of the records or
information contained in this system may be disclosed outside DOT as a
routine use pursuant to 5 U.S.C. 552a(b)(3) as follows:

    System Specific Routine Uses

    1. To disclose to members of the public the names, official
addresses, and authorizations of those designees who provide FAA
certification services, in order to solicit and retain designees for
such services.

    Departmental Routine Uses

    2. In the event that a system of records maintained by DOT to carry
out its functions indicates a violation or potential violation of law,
whether civil, criminal or regulatory in nature, and whether arising by
general statute or particular program pursuant thereto, the relevant
records in the system of records may be referred, as a routine use, to
the appropriate agency, whether Federal, State, local or foreign,
charged with the responsibility of investigating or prosecuting such
violation or charged with enforcing or implementing the statute, or
rule, regulation, or order issued pursuant thereto.
    3. A record from this system of records may be disclosed, as a
routine use, to a Federal, State, or local agency maintaining civil,
criminal, or other relevant enforcement information or other pertinent
information, such as current licenses, if necessary to obtain
information relevant to a DOT decision concerning the hiring or
retention of an employee, the issuance of a security clearance, the
letting of a contract, or the issuance of a license, grant, or other
benefit.
    4. A record from this system of records may be disclosed, as a
routine use, to a Federal agency, in response to its request, in
connection with the hiring or retention of an employee, the

issuance of a security clearance, the reporting of an investigation of
an employee, the letting of a contract, or the issuance of a license,
grant, or other benefit by the requesting agency, to the extent that
the information is relevant and necessary to the requesting agency's
decision on the matter.
    5a. Routine Use for Disclosure for Use in Litigation. It shall be a
routine use of the records in this system of records to disclose them
to the Department of Justice or other Federal agency conducting
litigation when (a) DOT, or any agency thereof, or (b) Any employee of
DOT or any agency thereof, in his/her official capacity, or (c) Any
employee of DOT or any agency thereof, in his/her individual capacity
where the Department of Justice has agreed to represent the employee,
or (d) The United States or any agency thereof, where DOT determines
that litigation is likely to affect the United States, is a party to
litigation or has an interest in such litigation, and the use of such
records by the Department of Justice or other Federal agency conducting
the litigation is deemed by DOT to be relevant and necessary in the
litigation, provided, however, that in each case, DOT determines that
disclosure of the records in the litigation is a use of the information
contained in the records that is compatible with the purpose for which
the records were collected.
    5b. Routine Use for Agency Disclosure in Other Proceedings. It
shall be a routine use of records in this system to disclose them in
proceedings before any court or adjudicative or administrative body
before which DOT or any agency thereof, appears, when (a) DOT, or any
agency thereof, or (b) Any employee of DOT or any agency thereof in
his/her official capacity, or (c) Any employee of DOT or any agency
thereof in his/her individual capacity where DOT has agreed to
represent the employee, or (d) The United States or any agency thereof,
where DOT determines that the proceeding is likely to affect the United
States, is a party to the proceeding or has an interest in such
proceeding, and DOT determines that use of such records is relevant and
necessary in the proceeding provided, however that in each case, DOT
determines that disclosure of the records in the proceeding is a use of
the information contained in the records that is compatible with the
purpose for which the records were collected.
    6. The information contained in this system of records will be
disclosed to the Office of Management and Budget, OMB in connection
with the review of private relief legislation as set forth in OMB
Circular No. A-19 at any stage of the legislative coordination and
clearance process as set forth in that Circular.
    7. Disclosure may be made to a Congressional office from the record
of an individual in response to an inquiry from the Congressional
office made at the request of that individual. In such cases, however,
the Congressional office does not have greater rights to records than
the individual. Thus, the disclosure may be withheld from delivery to
the individual where the file contains investigative or actual
information or other materials which are being used, or are expected to
be used, to support prosecution or fines against the individual for
violations of a statute, or of regulations of the Department based on
statutory authority. No such limitations apply to records requested for
Congressional oversight or legislative purposes; release is authorized
under 49 CFR 10.35(9).
    8. One or more records from a system of records may be disclosed
routinely to the National Archives and Records Administration in
records management inspections being conducted under the authority of
44 U.S.C. 2904 and 2906.
    9. A record from this system of records may be disclosed as a
routine use to the Coast Guard and to the Transportation Security
Administration (TSA) if information from this system was shared with
either agency when that agency was a component of the Department of
Transportation before its transfer to the Department of Homeland
Security and such disclosure is necessary to accomplish a DOT, TSA, or
Coast Guard function related to this system of records.
    10. DOT may make available to another agency or instrumentality of
any government jurisdiction, including State and local governments,
listings of names from any system of records in DOT for use in law
enforcement activities, either civil or criminal, or to expose
fraudulent claims, regardless of the stated purpose for the collection
of the information in the system of records. These enforcement
activities are generally referred to as matching programs because two
lists of names are checked for match using automated assistance. This
routine use is advisory in nature and does not offer unrestricted
access to systems of records for such law enforcement and related
antifraud activities. Each request will be considered on the basis of
its purpose, merits, cost effectiveness and alternatives using
Instructions on reporting computer matching programs to the Office of
Management and Budget, OMB, Congress, and the public, published by the
Director, OMB, dated September 20, 1989.
    11. It shall be a routine use of the information in any DOT system
of records to provide to the Attorney General of the United States, or
his/her designee, information indicating that a person meets any of the
disqualifications for receipt, possession, shipment, or transport of a
firearm under the Brady Handgun Violence Prevention Act. In case of a
dispute concerning the validity of the information provided by DOT to
the Attorney General, or his/her designee, it shall be a routine use of
the information in any DOT system of records to make any disclosures of
such information to the National Background Information Check System,
established by the Brady Handgun Violence Prevention Act, as may be
necessary to resolve such dispute
    12a. It shall be a routine use to disclose to appropriate agencies,
entities, and persons when (1) DOT suspects or has confirmed that there
has been a breach of the system of records; (2) DOT has determined that
as a result of the suspected or confirmed breach there is a risk of
harm to individuals, DOT (including its information systems, programs,
and operations), the Federal Government, or national security; and (3)
the disclosure made to such agencies, entities, and persons is
reasonably necessary to assist in connection with DOT's efforts to
respond to the suspected or confirmed breach or to prevent, minimize,
or remedy such harm.
    12b. DOT may disclose records from a system or records to another
Federal agency or Federal entity, when DOT determines that information
from this system of records is reasonably necessary to assist the
recipient agency or entity in (1) responding to a suspected or
confirmed breach or (2) preventing, minimizing, or remedying the risk
of harm to individuals, their recipient agency or entity (including its
information systems, programs, and operations), the Federal Government,
or national security, resulting from a suspected or confirmed breach.
    13. DOT may disclose records from this system, as a routine use, to
the Office of Government Information Services for the purpose of (a)
resolving disputes between FOIA requesters and Federal agencies and (b)
reviewing agencies' policies, procedures, and compliance in order to
recommend policy changes to Congress and the President.
    14. DOT may disclose records from this system, as a routine use, to
contractors and their agents, experts,

consultants, and others performing or working on a contract, service,
cooperative agreement, or other assignment for DOT, when necessary to
accomplish an agency function related to this system of records.
    15. DOT may disclose records from this system, as a routine use, to
an agency, organization, or individual for the purpose of performing
audit or oversight operations related to this system of records, but
only such records as are necessary and relevant to the audit or
oversight activity. This routine use does not apply to intra-agency
sharing authorized under section (b)(1) of the Privacy Act.
    16. DOT may disclose from this system, as a routine use, records
consisting of, or relating to, terrorism information (6 U.S.C.
485(a)(5)), homeland security information (6 U.S.C. 482(f)(1)), or Law
enforcement information (Guideline 2 Report attached to White House
Memorandum, ``Information Sharing Environment'', November 22, 2006) to
a federal, state, local, tribal, territorial, foreign government and/or
multinational agency, either in response to its request or upon the
initiative of the Component, for purposes of sharing such information
as is necessary and relevant for the agencies to detect, prevent,
disrupt, preempt, and mitigate the effects of terrorist activities
against the territory, people, and interests of the United States of
America, as contemplated by the Intelligence Reform and Terrorism
Prevention Act of 2004 (Pub. L. 108-458) and Executive Order 13388
(October 25, 2005).

POLICIES AND PRACTICES FOR STORAGE OF RECORDS:
    Records in this system of records are stored in hard copy format in
a secure facility and in an electronic database system.

POLICIES AND PRACTICES FOR RETRIEVAL OF RECORDS:
    Records in this system are primarily retrieved by name, designee
number, and airman certificate number of the individual on whom the
records are maintained.

POLICIES AND PRACTICES FOR RETENTION AND DISPOSAL OF RECORDS:
    The FAA will maintain records for 25 years following the designee's
inactive status. The FAA will retain records in this system of records
as permanent records until it receives an approval of record
disposition authority from NARA, pursuant to 36 CFR 1225.16 and
1225.18.

ADMINISTRATIVE, TECHNICAL, AND PHYSICAL SAFEGUARDS:
    Records in this system are safeguarded in accordance with
applicable rules and policies, including all applicable DOT automated
systems security and access policies. Strict controls have been imposed
to minimize the risk of compromising the information that is being
stored. Access to records in this system is limited to those
individuals who have a need to know the information for the performance
of their official duties and who have appropriate clearances or
permissions.

RECORD ACCESS PROCEDURES:
    Individuals seeking notification of whether this system of records
contains information about them may contact the System Manager at the
address provided in the section ``System Manager''. When seeking
records about yourself from this system of records or any other
Departmental system of records, your request must conform to the
Privacy Act regulations set forth in 49 CFR part 10. You must sign your
request and your signature must either be notarized or submitted under
28 U.S.C. 1746, a law that permits statements to be made under penalty
of perjury as a substitute for notarization. If your request is seeking
records pertaining to another living individual, you must include a
statement from that individual certifying his/her agreement for you to
access his/her records.

CONTESTING RECORD PROCEDURES:
    See ``Record Access Procedures'' above.

NOTIFICATION PROCEDURES:
    See ``Record Access Procedures'' above.

EXEMPTIONS PROMULGATED FOR THE SYSTEM:
    None.

HISTORY:
    A full notice of this system of records, DOT/FAA 830--
Representatives of the Administrator was published in the Federal
Register on April 11, 2000 (65 FR 19525). A full notice of DOT/FAA 822
Aviation Medical Examiner System was published on April 11, 2000 (65 FR
19522).

    Issued in Washington, DC.
Karyn Gorman,
Acting Departmental Chief Privacy Officer.
[FR Doc. 2022-19024 Filed 9-2-22; 8:45 am]
BILLING CODE 4910-9X-P


May 5, 2005 MEMORANDUM SUBJECT: Technical Support Document: Approval of Revisions to the Texas State Implementation Plan for Ozone for Northeast Texas and the Northeast Texas Early Action Compact Area FROM: Carl Young, Environmental Scientist Air Planning Section ( 6PD L)

TO: FILE I. BACKGROUND The Clean Air Act requires the Environmental Protection Agency ( EPA) to establish national ambient air quality standards ( NAAQS) for pollutants that cause or contribute to air pollution that is reasonably anticipated to endanger public health or welfare. States have developed a State Implementation Plan ( SIP) which identify how these standards will be attained and maintained. The State must submit revisions to the SIP to EPA. EPA reviews the revision and approves it if it conforms with the Clean Air Act. Approval makes the revisions Federally enforceable. If the revision does not conform with the Clean Air Act EPA disapproves it. Disapproval will lead to further revisions by the State or development of a Federal Implementation Plan by EPA.

In 1979, EPA promulgated a 1 hour ground level ozone standard of 0.12 parts per million ( ppm). In 1997, EPA promulgated an 8 hour ozone standard of 0.08 ppm. Ozone concentrations of 85 parts per billion ( ppb) or above exceed the standard while concentrations 84 ppb or below do not exceed it.

Nitrogen oxide and volatile organic compounds ( VOC) emissions can react with sunlight to form ground level ozone. The control of emissions of these ozone precursors can help attain the NAAQSs for ozone.

In 1996, elected officials and community leaders of Northeast Texas created Northeast Texas Air Care ( NETAC) to address ozone air quality concerns in Gregg, Harrison, Rusk, Smith, and Upshur Counties. In order to ensure attainment of the 1 hour ozone standard EPA, State and local officials entered into a Flexible Attainment Region ( FAR) Agreement for Northeast Texas in September 1996. Through the FAR Agreement, commitments to reduce emissions of 4,250 tons per year of ozone precursors were made through Agreed Orders. An Agreed Order is an enforceable agreement between a regulated entity and government regulator.

EPA did not extend the FAR agreement in 2001 because of the history of 1 hour ozone standard exceedances in the area under the FAR. EPA did suggest that Texas and the Region develop and implement an early SIP. NETAC worked with three companies in the Region to obtain enforceable commitments to make further voluntary reductions of nitrogen oxide emissions. Texas adopted the Northeast Texas Early SIP in March 2002 and submitted it to EPA in July 2002.

Also in March 2002, the Texas Commission on Environmental Quality ( TCEQ) proposed the use of Early Action Compact ( EAC) agreements as an incentive for early planning towards achieving the 8 hour ozone standard. The EAC is a voluntary plan to meet the 8 hour ozone standard for an area that is approaching or monitoring exceedances of the standard. The goal of the compact is to reduce ground level ozone earlier than the Clean Air Act requires. On December 20, 2002 EPA, State and local officials entered into an EAC agreement for the Northeast Texas area. The Northeast Texas EAC area includes Gregg, Harrison, Rusk, Smith, and Upshur Counties. Representatives from these counties, the Cities of Gilmer, Henderson, Kilgore, Longview, Marshall, and Tyler, the East Texas Council of Governments ( ETCOG), TCEQ and EPA signed the EAC.

An EAC gives local areas flexibility in meeting the 8 hour ozone standard, provided emissions from local sources are controlled earlier than the Clean Air Act would require. The EAC requires submitting implementation plans, implementing local control measures and making progress reports. To date, the Northeast Texas EAC area has met all EAC milestones.

In April 2004, EPA designated all areas for the 8 hour ozone standard ( 69 FR 23858). The Northeast Texas EAC area was designated as " attainment" for the standard.

On November 17, 2004, TCEQ adopted revisions to the SIP incorporating the Clean Air Action Plan ( CAAP) developed for the Northeast Texas EAC area and the related 8 hour ozone standard attainment demonstration. The CAAP is a plan to reduce ground level ozone concentrations throughout the EAC area to comply with the 8 hour ozone standard by December 31, 2007, and maintain the standard to 2012. The attainment demonstration consists of: ° analyses which estimate whether selected emissions reductions will result in ambient concentrations that meet the 8 hour ozone standard, and ° an identified set of measures which will result in the required emissions reductions.

The CAAP also included a number of additional control measures that were not included in the modeled attainment demonstration. These measures are in addition to any reductions necessary to demonstrate attainment with the 8 hour ozone standard by 2007. Local control measures included in the Northeast Texas EAC SIP submittal are being implemented to ensure nitrogen oxide and volatile organic compound ( VOC) emission reductions. All of these control measures are being implemented as called for in the EAC. The revisions were submitted to EPA on December 6, 2004. II. STATE SUBMITTALS A. Regulatory Background Agreed Orders for Northeast Texas In September 2001, Texas proposed revisions to the SIP for control of ozone air pollution for the Northeast Texas area. Notices were published in newspapers in Austin, Longview and Tyler. A notice was also published in the September 28, 2001 Texas Register. Texas adopted revisions to the SIP on March 13, 2002 and submitted them to EPA on July 18, 2002. Reductions from these agreements are relied upon in the EAC attainment demonstration.

CAAP and Attainment Demonstration for Northeast Texas EAC Area In July 2004, TCEQ proposed revisions to the SIP concerning the CAAP and 8 hour ozone standard attainment demonstration for the Northeast Texas EAC area. Notices were published in newspapers in Longview, San Antonio and Austin. A notice was also published in the July 30, 2004 Texas Register. In August 2004 a public hearing was held in Longview. TCEQ revised the SIP on November 17, 2004 and submitted it to EPA on December 6, 2004.

B. Description of Submittals [ Note to Reader: Unless otherwise specified, references are to the December 6, 2004 State SIP submittal pertaining to the CAAP and 8 hour Ozone Attainment Demonstration for Northeast Texas.]

Agreed Orders for Northeast Texas The SIP revision submitted in July 2002 pertained to control of ozone air pollution for the Northeast Texas area. It contained an emissions summary, photochemical modeling results, a rate of progress section, and a control strategy including Agreed Orders with three companies for reduction of emissions of nitrogen oxides. The three companies are: ° American Electric Power, ( AEP, formerly Southwestern Electric Power Company), ° TXU Generation Company LP ( TXU), and ° Eastman Chemical Company.

This review pertains to the Agreed Orders. The Agreed Orders make enforceable reductions of emissions of nitrogen oxides. The estimated reductions in nitrogen oxide emissions from the 1997 emissions inventory are listed in Table 1. The data for AEP and TXU are from a March 12, 2002 memo from Greg Yarwood, ENVIRON International Corporation, to the NETAC Technical Committee. The data for Texas Eastman Company is an updated estimate submitted with the December 2004 SIP submittal ( Appendix I, page 6 19). The Agreed Orders are enforceable under State law and should reduce nitrogen oxide emissions by 77.4 tons per day. The Agreed Orders will be Federally enforceable with EPA approval of this SIP revision. Table 1. Estimated Nitrogen Oxide Reductions from Agreed Orders COMPANY NITROGEN OXIDE REDUCTIONS Percent Reduction Ton/ day Reduction AEP Knox Lee Plant Pirkey Plant Wilkes Plant 16% 29% 44% 1.1 7.5 5.6 TXU Martin Lake Plant Monticello Plant 42% 27% 40.7 17.8 Eastman Chemical Company 33% 4.7 Each Agreed Order was signed by a company on February 26, 2002 and by the Texas Natural Resource Conservation Commission ( now TCEQ) on March 13, 2002.

The AEP Wilkes Plant is located in Cass County while the TXU plants are located in Rusk and Titus Counties. While these Northeast Texas counties are not in the Northeast Texas EAC area, emissions from the plants can affect ozone levels in the Northeast Texas EAC area.

Emission reductions from the Agreed Orders are were included in the Northeast Texas EAC attainment demonstration for the 8 hour ozone standard.

Agreed Order 2001 0878 RUL for AEP American Electric Power Company owns and operates three power plants in Northeast Texas: ° Knox Lee Plant in Gregg County, ° Pirkey Plant in Harrison County, and ° Wilkes Plant in Cass County.

The Agreed Order calls for the company to implement several projects to reduce nitrogen oxide emissions. It specifies 30 day rolling average nitrogen oxide emission rates to be achieved at Knox Lee Plant Unit number 5, Wilkes Plant Unit numbers 2 and 3, and the Pirkey Plant. " Thirty day rolling average" means an average, calculated for each day that fuel is combusted in a unit, of all the hourly emissions data for the preceding 30 days that fuel was combusted in the unit. A nitrogen oxide emission rate of 0.18 pounds per million British Thermal Units ( lb/ mmBtu) will be achieved at Knox Lee Plant Unit number 5. Wilkes Plant Unit numbers 2 and 3 will each achieve a nitrogen oxide emission rate of 0.17 lb/ mmBtu. The Pirkey Plant will achieve a nitrogen oxide emission rate of 0.22 lb/ mmBtu. As an alternative to achieving the reductions at the Knox Lee and Wilkes plants, AEP is allowed to achieve equivalent reductions at the Pirkey plant, in excess of the 30 day rolling average nitrogen oxide emission rate of 0.22 lb/ mmBtu. As an alternative to completing any of the projects to achieve the nitrogen oxide emission reductions AEP may propose to the State alternative projects that would achieve equivalent emissions reductions. Additionally, as an alternative to achieving the nitrogen oxide emission reductions at the Wilkes and Knox Lee plants, AEP may propose to the State alternative projects that would achieve equivalent emissions reductions at the Pirkey Plant. TCEQ will evaluate alternative projects under 30 TAC 115, Subchapter J ( § § 115.901 115.916). This process requires public notification of proposals and was approved by EPA on May 22, 1997 ( 62 FR 27964).

Agreed Order 2001 0879 RUL for TXU TXU owns and operates two power plants in Northeast Texas: ° Martin Lake Steam Electric Station in Rusk County, and ° Monticello Steam Electric Station in Titus County.

The Agreed Order calls for the company to operate low nitrogen oxide technology on the three primary generating units at each plant in order to reduce nitrogen oxide emissions. It specifies that operation of the three primary generating units at each plant will achieve a 30 day rolling average nitrogen oxide emission rate of 0.2 lb/ mmBtu.

As an alternative to operating the low nitrogen oxide technology and achieving the nitrogen oxide emission reductions on the three primary generating units at each plant the company may to propose to the State alternative projects that would achieve equivalent emissions reductions. TCEQ will evaluate alternative projects under 30 TAC 115, Subchapter J ( § § 115.901 115.916). This process requires public notification of proposals and was approved by EPA on May 22, 1997 ( 62 FR 27964).

Agreed Order 2001 0880 RUL for Eastman Chemical Company Eastman Chemical Company owns and operates a chemical and plastics manufacturing plant in Longview, Harrison County. The Agreed Order calls for the company to reduce nitrogen oxide emissions at the plant. It specifies that the company will: ° shut down one cooling tower engine, ° commit one older natural gas fired engine to serve only in a back up service capacity, restrict its operation to 2,190 hours annually and track its operating time, ° shut down five older natural gas fired engines, ° shut down ten gas reformer furnaces, and ° shut down two synthesis gas heaters.

In order to re start any facility that was shut down, the company must propose to the State one or more alternative projects that would achieve equivalent emissions reductions. TCEQ will evaluate alternative projects under 30 TAC 115, Subchapter J ( § § 115.901 115.916). This process requires public notification of proposals and was approved by EPA on May 22, 1997 ( 62 FR 27964). CAAP and Attainment Demonstration for Northeast Texas EAC Area The SIP revision submitted in December 2004 incorporated the CAAP and 8 hour ozone standard attainment demonstration for the Northeast Texas EAC area. The revisions were based on the CAAP and attainment demonstration submitted to TCEQ by the area in March 2004, under its EAC. The attainment demonstration includes: ° analyses which estimate whether selected emissions reductions will result in ambient concentrations that meet the 8 hour ozone standard in the Northeast Texas EAC area, and ° an identified set of measures which will result in the required emissions reductions.

The attainment demonstration was supported by results of photochemical modeling and technical documentation. It shows that the 8 hour ozone standard should continue to be attained by 2007 and maintained through 2012. A Technical Support Document for the Modeling is attached ( Attachment 1 of this TSD).

The model used is the Comprehensive Air Quality Model with Extensions ( CAMx). The projected 2007 8 hour ozone design value for Northeast Texas is 81 ppb which demonstrated attainment ( page 3 5). The design value is used to determine whether an area is attaining the ozone standard. The model took into account expected growth and measures to reduce air pollution. These measures include locally developed control strategies, Texas SIP control strategies, and EPA requirements such as cleaner vehicles and fuels. The locally developed control strategies used for the attainment demonstration modeling are: ° Agreed Orders for AEP, TXU, and Eastman Chemical Company ( Appendix A, page 6 3), and ° enhanced leak detection and repair programs ( LDAR) for Eastman Chemical and Huntsman Chemical to control volatile organic compound emissions ( page 3 4).

As discussed above, the Agreed Orders were adopted in 2002. The LDAR programs for Eastman Chemical and Huntsman Chemical are control measures that were included in the EAC SIP submittal. These measures ensure nitrogen oxide and VOC emission reductions.

A September 17, 2004 memorandum from Greg Yarwood, Environ, to the NETAC Technical Advisory Committee, discusses the modeling that was done for Northeast Texas ( Attachment 2 of this TSD). Table 1 of the memo corrects previous computational errors and shows the results of modeling that included the Agreed Orders but did not include the emission reductions from the LDAR programs for Eastman Chemical and Huntsman Chemical. The design value predicted by the model is 81 ppb. Table 2 of the memo identifies the results of additional modeling that took into consideration: ° the emission reductions from the LDAR programs ° the Texas regulation on portable fuel containers, and ° delay of a Texas regulation on nitrogen oxide emissions from industrial water heaters, small boilers and process heaters. Again, the design value predicted by the model is 81 ppb. Table 3 of the memo identifies the results of modeling that included the above items and added an additional 1.5 tons per day of nitrogen oxide emission reductions from the Texas Emissions Reduction Plan ( TERP) in the area. The design value predicted by the model remained 81 ppb. The modeling supports the predictions of the 8 hour ozone standard attainment demonstration for the Northeast Texas area.

As discussed above Eastman Chemical Company owns and operates a chemical and plastics manufacturing plant in Longview, Harrison County. Huntsman Chemical owns a polypropylene plant that is co located with the Eastman Chemical facility. The LDAR program for Eastman Chemical is enforceable under Texas Voluntary Emissions Reduction Permits 47007, 48588, and 48590. Estimated highly reactive VOC emission reductions are 0.63 tons per day for these permits. The LDAR program for Huntsman Chemical is enforceable under Texas Flexible Plantwide Applicability Limit Permit 18105. Estimated highly reactive VOC emission reductions 0.08 tons per day for Huntsman Chemical. ( Note: The estimated reductions for Huntsman Chemical were incorrectly listed as 29 tons per day rather than 29 tons per year on page 5 2 of the SIP submittal). Eastman Chemical also agreed to early implementation of an additional LDAR program required by a Federal Maximum Achievable Control Technology regulation, ( 40 CFR 63, subpart UU), before July 1, 2005, which would provide an additional 0.23 tons per day highly reactive VOC emission reduction ( Appendix A, page 6 11). The LDAR program control measures are enforceable through TCEQ air permit conditions. Copies of these permits may be obtained from TCEQ.

The estimated benefits from the Texas portable fuel container rule are small because the VOC emissions inventory is dominated by biogenic emissions. Texas assumed zero benefit from the rule in the modeling ( Gerry Wolfe, TCEQ, personal communication).

Texas delayed implementation of a state regulation on nitrogen oxide emissions from industrial water heaters, small boilers and process heaters ( December 17, 2005 Texas Register). It is estimated that the delay would increase 2007 nitrogen oxide emissions by 0.05 tons per day in the EAC area ( attachment 2 of this TSD).

TERP is a set of incentive programs aimed at improving air quality in Texas. TERP provides funding to offset the incremental costs of projects associated with reducing nitrogen oxide emissions from high emitting internal combustion engines. Projects in the Northeast Texas EAC area are eliglible for TERP funding. TCEQ has allocated funding for up to 1.5 tons per day of nitrogen oxide reductions in the Northeast Texas EAC area by 2007 ( page 5 3). Texas noted that TERP reductions were not being relied upon for the North East Texas attainment demonstration ( page 3 4).

Additional Measures to Reduce Nitrogen Oxide and VOC Emissions The CAAP incorporated into the Northeast Texas EAC SIP submittal also includes a number of additional local control measures that were not included in the modeled attainment demonstration. These measures are in addition to any reductions necessary to demonstrate attainment with the 8 hour ozone standard by 2007. The additional local control measures are being implemented as called for in the EAC to ensure nitrogen oxide and VOC emission reductions.

The additional local control measures include: ° implementation of the Texas Emissions Reduction Plan ( TERP) in the area, ° use of 18 lower emitting propane light heavy duty vans purchased in 2003 and 2004 for the area, ° public awareness programs, and ° energy efficiency programs for Longview, Marshall and Tyler ( pages 5 2 to 5 4).

As discussed above TERP is a set of incentive programs aimed at improving air quality in Texas. TCEQ reported that two projects in the Northeast Texas EAC area had been recommended for funding ( Texas Emissions Reduction Plan, Biennial Report to the Texas Legislature, December 2004, www. tceq. state. tx. us/ assets/ public/ comm_ exec/ pubs/ sfr/ 079_ 04. pdf ). Estimated nitrogen oxide emission reductions from these projects are 0.11 tons per day. The selected projects are listed in Table 2.

Table 2. Projects in Northeast Texas selected for funding under TERP Applicant Ton/ day Nitrogen Oxide Reduction Project Sabine Mining Company 0.0556 Replace older Bull Dozer and Excavator New Waskom Gas 0.0426 On site Electrification for Stationary Compressor Pumps Total 0.11 NETAC promotes the TERP grants program on its website www. netac. org. The TERP application deadline for 2005 was January 21, 2005. Additional projects to reduce nitrogen oxide emissions in Northeast Texas may be funded.

In 2003 and 2004 18 new lower emitting propane light heavy duty vans were purchased for the ETCOG Rural Transportation Program. It is estimated that operation of the eighteen vans will provide total emissions reductions of 0.4 tons per year of VOC and 2.0 tons per year of nitrogen oxides.

ETCOG runs a public education and ozone awareness program for the EAC area. The purpose of the program is to encourage practices that reduce emissions that lead to ozone formation. The program includes: ° a communications network to communicate ozone action day forecasts; ° a NETAC website ( www. netac. org), ° production and distribution of public service announcements, ° school programs and teacher training workshops, ° distribution of public information and educational materials, and ° an annual Ozone Season Kick off meeting for Northeast Texas.

The Cities of Longview, Marshall and Tyler are implementing energy efficiency programs. These programs can reduce the demand for electricity and thus reduce emissions from electric generating power plants.

Tyler is implementing energy efficiency programs that involve: ° building lighting, ° high volume air conditioning and controls upgrades, ° traffic light upgrades, ° park lighting upgrades, and ° wastewater plant motor and controls.

As part of its energy efficiency planning Longview has made improvements in: ° lighting, ° high volume air conditioning systems, ° swimming pool operations, and ° public safety communications equipment.

Marshall is initiating an energy efficiency plan with assistance from Texas A& M University.

In compliance with the next EAC milestone, the control measures listed in this section are scheduled to be implemented on or before December 31, 2005.

Maintenance for Growth Per the EAC protocol, an emissions inventory was developed for the year 2012. The 2012 inventory show that anthropogenic emissions of both nitrogen oxides and VOCs decrease from 2007 to 2012, as the result of locally implemented control measures and Federal emissions control programs for vehicles ( page 2 4). This decrease in emissions is additional evidence that the Northeast Texas EAC area will maintain the 8 hour ozone standard through 2012.

C. Completeness of Submittals The submissions from Texas included: ° letter of submission, ° evidence that the State adopted the revision, ° a copy of the revision, ° evidence that the State followed necessary requirements in making the revision, ° evidence that Public Notice was given of the proposed change, ° certification that public hearings were held , ° compilation of public comments and the State's response, ° identification of all regulated pollutants, ° identification of the locations of affected sources, and ° information on how compliance will be determined.

III. CONCLUSIONS & RECOMMENDATIONS The revisions being reviewed strengthen the Texas Ozone SIP for Northeast Texas. The Agreed Orders require reductions of emissions of nitrogen oxide from the facilities of three companies. The attainment demonstration submitted indicates that the 8 hour ozone standard will continue to be attained in 2007 and through 2012. The CAAP adopted into the SIP included:

° two local control measures to reduce VOC emissions for two Longview, Texas facilities, and ° a number of additional local control measures that were not included in the modeled attainment demonstration. These measures will reduce VOC and nitrogen oxide emissions and ensure that the area remains in attainment for the 8 hour ozone standard.

We have determined that the two local control measures to reduce VOC emissions at the Longview facilities, which were included in the attainment demonstration, are enforceable against the sources via state air permits, and are surplus and permanent emission reductions. These control measures are consistent with the EAC protocol requirements. We have also reviewed the additional control measures in the CAAP, which were not included in the attainment demonstration, and determined that the projected emission reductions will strengthen the SIP. We have reviewed the CAAP and the attainment demonstration and determined that they are consistent with the requirements of the CAA, EPAs policy, and the EAC protocol. It is recommended that these revisions to the Texas Ozone SIP concerning Northeast Texas be approved. Approval of the three Agreed Orders will make them federally enforceable. Attachments Attachment 1. Technical Support Document for Modeling Attachment 2. September 17, 2004 Memorandum from Greg Yarwood, Environ, to the NETAC Technical Advisory Committee


MEMORANDUM

DATE:		November 13, 2014

TO:		Clean Power Plan for Existing Power Plants; Docket Id: OAR - 2013-0602

FROM:	EPA Region 1

SUBJECT:	October 28, 2014 and November 5, 2014, Presentation on Proposed Clean Power Plan for Existing Power Plants during Northeast Pollution Prevention Climate and Resiliency Meeting (Northeast Waste Management Officials' Association and EPA Region 1)
--------------------------------------------------------------------------------

SUMMARY

      A two-part Northeast Pollution Prevention Climate and Resiliency Meeting was held on October 28, 2014 (webinar) and November 5, 2014 (in-person) by the Northeast Waste Management Officials' Association and EPA Region 1.  Shutsu Wong presented an overview of the proposed Clean Power Plan for Existing Power Plants via webinar on October 28.  The topic was mentioned briefly during the November 5 meeting.

ATTENDEES
Shutsu Wong, EPA
Mary Dever-Putnum, EPA
Anne Leiby, EPA
Josh Secunda, EPA
Lee Fiske, EPA
Jack Healey, EPA
George Frantz, EPA
Deb Cohen, EPA
Abby Swaine, EPA
Janet Bowen, EPA
Chris Beling, EPA
Rob Guillemin, EPA
Thomas D'Avanzo, EPA
Myra Schwartz, EPA
Roy Crystal, EPA
Chris Moorse, NH Department of Environmental Services
Melissa Zych, NH Department of Environmental Services
Mary Sherwin, CT Department of Energy and Environmental Protection
Gary Gulka, VT Department of Environmental Conservation
Kim Trella, CT Department of Energy and Environmental Protection
Ron Gagnon, RI Department of Environmental Management
Rich Bizzozero, MA Office of Technical Assistance and Technology
Andy Bray, Northeast Waste Management Officials' Association

Slides attached.


[Federal Register Volume 76, Number 45 (Tuesday, March 8, 2011)]
[Rules and Regulations]
[Pages 12550-12556]
[FR Doc No: 2011-5325]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 21, 25, 121, and 129

[Docket No. FAA-2011-0186; Amendment Nos. 21-94, 25-133, 121-354, and
129-50; SFAR 111]
RIN 2120-AJ92

Lavatory Oxygen Systems

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Interim final rule; request for comments.

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SUMMARY: This action temporarily authorizes variances from existing
standards related to the provisioning of supplemental oxygen inside
lavatories. This action is necessitated by other mandatory actions that
temporarily render such oxygen systems inoperative.

DATES: This interim rule is effective March 8, 2011 and remains in
effect until further notice. Submit comments on or before May 9, 2011.

ADDRESSES: Send comments identified by docket number FAA-2011-0186
using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
     Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue, SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
     Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue, SE., Washington, DC between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
     Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    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:<PHONE_NUMBER>; e-mail<EMAIL_ADDRESS>    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:<PHONE_NUMBER>; e-mail:
<EMAIL_ADDRESS>
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

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

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.

[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.

    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

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<PHONE_NUMBER>.

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

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