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68330 Federal Register / Vol. 70, No.

217 / Thursday, November 10, 2005 / Rules and Regulations

economic impact on a substantial Issued in Kansas City, MO, on October 26, 400 Seventh Street, SW., Washington,
number of small entities under the 2005. DC, between 9 a.m. and 5 p.m., Monday
criteria of the Regulatory Flexibility Act. Elizabeth S. Wallis, through Friday, except Federal holidays.
This rulemaking is promulgated Acting Area Director, Western Flight Services For more information on the
under the authority described in Operations. rulemaking process, see the
Subtitle VII, Part A, Subpart I, Section [FR Doc. 05–22395 Filed 11–9–05; 8:45 am] SUPPLEMENTARY INFORMATION section of
40103. Under that section, the FAA is BILLING CODE 4910–13–M this document.
charged with prescribing regulations to Privacy: We will post all comments
assign the use of the airspace necessary we receive, without change, to http://
to ensure the safety of aircraft and the DEPARTMENT OF TRANSPORTATION dms.dot.gov, including any personal
efficient use of airspace. This regulation information you provide. For more
is within the scope of that authority Federal Aviation Administration information, see the Privacy Act
since it contains aircraft executing discussion in the SUPPLEMENTARY
instrument approach procedures to 14 CFR Part 121 INFORMATION section of this document.
Kennett Memorial Airport, Kennett, [Docket No.: FAA–2005–22915; Amendment Docket: To read background
MO. No. 121–317] documents or comments received, go to
http://dms.dot.gov at any time or to
List of Subjects in 14 CFR Part 71 RIN 2120–ai65 Room PL–401 on the plaza level of the
Airspace, Incorporation by reference, Supplemental Oxygen Nassif Building, 400 Seventh Street,
Navigation (air). SW., Washington, DC, between 9 a.m.
AGENCY: Federal Aviation and 5 p.m., Monday through Friday,
Adoption of the Amendment
Administration, DOT. except Federal holidays.
■ Accordingly, the Federal Aviation ACTION: Direct final rule; request for FOR FURTHER INFORMATION CONTACT:
Administration amends 14 CFR part 71 comments. Michael J. Coffey, Air Transportation
as follows: Division (AFS–220), Flight Standards
SUMMARY: In this direct final rule, the Service, Federal Aviation
PART 71—DESIGNATION OF CLASS A, FAA is amending its regulation on the Administration, 800 Independence
CLASS B, CLASS C, CLASS D, AND use of pilot supplemental oxygen. The Avenue SW., Washington, DC 20591;
CLASS E AIRSPACE AREAS; amendment changes the flight level at Telephone No. (202) 267–3750.
AIRWAYS; ROUTES; AND REPORTING which the remaining pilot at the SUPPLEMENTARY INFORMATION: On
POINTS controls of the airplane must put on and February 25, 2004, the FAA published
use his oxygen mask if the other pilot a notice in the Federal Register asking
■ 1. The authority citation for part 71 at any time leaves his control station of
continues to read as follows: the public to tell us which regulations
the airplane. This amendment revises we should amend, remove, or simplify.
Authority: 49 U.S.C. 106(g), 40103, 40113, that altitude to ‘‘above flight level 350’’
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– See 69 FR 8575. In response to the
from ‘‘above flight level 250.’’ It will February notice, we received four
1963 Comp., p. 389. also eliminate the needless use of comments on the topic of supplemental
§ 71.1 [Amended] oxygen that is not otherwise required to oxygen. Additionally, the FAA has
provide for safety in air carrier received numerous petitions for
■ 2. The incorporation by reference in operations. This will reduce needless
14 CFR 71.1 of Federal Aviation exemption from 14 CFR 121.333(c)(3).
expenditures to replace oxygen These petitions requested relief from the
Administration Order 7400.9N, dated equipment that is subject to excessive
September 1, 2005, and effective regulation so that if it is necessary for
wear and tear. one pilot to leave his station at the
September 16, 2005, is amended as
DATES: Effective January 9, 2006. controls of the airplane when the
follows:
Comments for inclusion in the Rules aircraft is above flight level (FL) 250, the
Paragraph 6005 Class E airspace areas Docket must be received on or before remaining pilot at the controls must put
extending upward from 700 feet or more December 27, 2005. on and use his oxygen mask until the
above the surface of the earth.
ADDRESSES: You may send comments other pilot has returned to his duty
* * * * * [identified by Docket Number [Insert station. The petitioners sought relief up
ACE MO E5 Kennett, MO docket number, for example, FAA– to FL 410.
Kennett Memorial Airport, MO 200X–XXXXX]] using any of the When flight operations above FL 250
(Lat. 36°13′33″ N., long. 90°02′12″ W.) following methods: were first initiated, there was
Kennett NDB • DOT Docket Web site: Go to uncertainty of the ability of pilots to
(Lat. 36°13′43″ N., long. 90°02′21″ W.) http://dms.dot.gov and follow the safely operate in that environment.
That airspace extending upward from 700 instructions for sending your comments Before the establishment of the FAA in
feet above the surface within a 6.6-mile electronically. 1958, the Civil Aeronautics Board (CAB)
radius of Kennett Memorial Airport and • Government-wide rulemaking Web was responsible for safety in air
within 2.5 miles each side of the 003° bearing site: Go to http://www.regulations.gov transportation. The CAB established
from the Kennett NDB extending from the and follow the instructions for sending requirements that both pilots must wear
6.6-mile radius of the airport to 7 miles north your comments electronically. oxygen masks at all times when the
of the NDB and within 2.5 miles each side
of the 030° bearing from the Kennett NDB
• Mail: Docket Management Facility; airplane was operated above FL 250.
extending from the 6.6-mile radius of the U.S. Department of Transportation, 400 The FAA carried forward this
airport to 7 miles north of the NDB and Seventh Street, SW., Nassif Building, requirement without comment into its
within 2.5 miles each side of the 191° bearing Room PL–401, Washington, DC 20590– regulations.
from the Kennett NDB extending from the 001. As airplanes, pressurization systems,
6.6-mile radius of the airport to 7 miles south • Fax: 1–202–493–2251. engines, and other systems, became
of the NDB. • Hand Delivery: Room PL–401 on more reliable, the FAA amended the
* * * * * the plaza level of the Nassif Building, requirements concerning oxygen masks.

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Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Rules and Regulations 68331

The regulations were amended to permit seconds and the minimum observed promulgated under the authority
flights above FL 250 up to FL 410 for TUC is 17 seconds. described in subtitle VII, part A, subpart
certain aircraft and up to FL 350 for all In order to be approved for use under III, section 44701, ‘‘General
others with neither pilot being required part 121, pilot oxygen masks must meet requirements.’’ Under that section, the
to wear an oxygen mask if there were the requirements set forth under aircraft FAA is charged with promoting safe
two pilots at the controls of the airplane certification standards. These set forth, flight of civil aircraft in air commerce by
and both pilots were equipped with among other requirements, that the prescribing:
approved ‘‘Quick Don’’ oxygen masks. oxygen equipment must be designed • Minimum standards required in the
In promulgating that amendment, the and manufactured so that each pilot interest of safety for the design and
FAA required that when operating may don the oxygen equipment with performance of aircraft;
above FL 250, if one pilot is absent from one hand, not disturb reading glasses, • Regulations and minimum
his duty station, the other pilot must put and establish communications, all standards in the interest of safety for
on and use his oxygen mask until the within 5 seconds. While there is no inspecting, servicing, and overhauling
other pilot has returned to his duty literal regulatory requirement that each aircraft; and
station. pilot actually demonstrate proficiency • Regulations for other practices,
The FAA finds that the oxygen in this maneuver under part 121, methods, and procedures the
equipment in today’s modern aircraft approved training programs require that Administrator finds necessary for safety
has improved to the extent that a pilot pilots train to proficiency in rapid in air commerce.
decompression procedures. Thus, there This regulation is within the scope of
can safely operate an airplane during
is the commonly acknowledged ‘‘5 that authority because it prescribes a
and following a rapid decompression,
second criteria.’’ safe level of flight that a single pilot
up to certain flight levels, without
The FAA believes that in actual during decompression can safely don
requiring the pilots to wear the oxygen
aircraft operations, the single pilot may oxygen equipment and maneuver the
masks. This finding is predicated on the
be delayed, and take longer than 5 airplane to an altitude not requiring
pilot being fully trained and qualified in
seconds to start inhaling supplemental supplemental oxygen.
accordance with approved training
programs and having state of the art oxygen. Any such delay will take up The Direct Final Rule Procedure
oxygen equipment available for use part of the TUC. After considering the
variables, the FAA finds the mean TUC In accordance with § 11.13, the FAA
within easy reach. is issuing this rule as a direct final with
at FL 350, 34 seconds, and the
Research in the area of aviation request for comment because we do not
minimum observed TUC at FL 350, 17
physiology began in the 1950s and was expect to receive any adverse
seconds, is the shortest TUC to which
significantly expanded during the 1960s comments, and thus, an NPRM is
the FAA can safely revise the affected
and 1970s. In 1973, The National unnecessary. However, to be certain that
regulation.
Aeronautics and Space Administration NASA provides these TUCs based on we are correct, we set the comment
(NASA) published information in this studies published by W.V. Blockley, and period to end before the effective date.
area in order to compile the large body D.T. Hanifan, in An analysis of the If the FAA receives any adverse
of research generated in recent years. oxygen protection problem at altitudes comment or notice, then the final rule
The FAA evaluated the data and affirms between 40,000 and 50,000 feet. Webb is withdrawn before it becomes
the validity of it in promulgating this Associates, Santa Monica, California, effective. The FAA may then issue an
rule. California, 1961. NPRM.
In The Bioastronautics Data Book, This amendment will also bring the The FAA anticipates that this
published by NASA, in 1973, NASA U.S. regulations in closer harmonization regulation will not result in adverse or
states that the mean time of useful with Canadian Regulations on the use of negative comment and therefore is
consciousness (TUC) at FL 410 is 16 to oxygen. Section 605.32(3) of the issuing it as a direct final rule. This final
17 seconds. In addition to the mean Canadian Aviation Regulations states rule reduces the restrictiveness of a
TUC, NASA provides data that the ‘‘the pilot at the flight controls of an requirement as it applies to air carriers
minimum TUC at FL 410 observed was aircraft shall use an oxygen mask if (a) conducting operations under part 121.
less than 10 seconds and was in the the aircraft is not equipped with quick- The reduction in the requirement will
region of 8 to 9 seconds. Based on these donning oxygen masks and is operated not affect the safety of these operations
TUCs, the FAA finds safety would be at or above flight level 250; or (b) the because of the improvement of oxygen
compromised if FAA permitted aircraft is equipped with quick-donning equipment. As a result, the FAA has
operations up to FL 410 in which the oxygen masks and is operated above determined that this amendment is a
only pilot on the flight deck was not flight level 410.’’ relieving change that has no adverse
wearing an oxygen mask. However, in This rule only applies to 121 effect on public safety.
reviewing the data published by NASA, operations. The FAA has not considered Unless a written adverse or negative
the FAA now finds that a FL above FL the appropriateness of the rule for comment, or a written notice of intent
250 would still provide an acceptable operations other than those conducted to submit an adverse or negative
level of safety, if a single pilot were at under part 121 because of insufficient comment is received within the
the flight controls and is not wearing data. comment period, the regulation will
and using an oxygen mask. The FAA become effective on the date specified
analyzed the TUC at each FL between Authority for This Rulemaking above. After the close of the comment
FL 250 and FL 410. The FAA finds that The FAA’s authority to issue rules period, the FAA will publish a
FL 250 could safely be raised but an regarding aviation safety is found in document in the Federal Register
increase to FL 410, as requested, would Title 49 of the United States Code. indicating that no adverse or negative
not provide an acceptable level of Subtitle I, section 106, describes the comments were received and
safety. After reviewing the different authority of the FAA Administrator. confirming the date on which the final
TUCs, the FAA finds that FL 350 is the Subtitle VII, Aviation Programs, rule will become effective. If the FAA
highest FL that provides acceptable describes in more detail the scope of the does receive, within the comment
TUCs. The mean TUC at FL 350 is 34 Agency’s authority. This rulemaking is period, an adverse or negative comment,

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68332 Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Rules and Regulations

or written notice of intent to submit Management System (DMS) Web page regulation justify its costs. Second, the
such a comment, a document (http://dms.dot.gov/search); Regulatory Flexibility Act of 1980
withdrawing the direct final rule will be (2) Visiting the FAA’s Regulations and requires agencies to analyze the
published in the Federal Register, and Policies Web page at http:// economic impact of regulatory changes
a notice of proposed rulemaking may be www.faa.gov/regulations_policies; or on small entities. Third, the Trade
published with a new comment period. (3) Accessing the Government Agreements Act (19 U.S.C. section
Printing Office’s Web page at http:// 2531–2533) prohibits agencies from
Comments Invited www.access.gpo.gov/su_docs/aces/ setting standards that create
The FAA invites interested persons to aces140.html. unnecessary obstacles to the foreign
participate in this rulemaking by You can also get a copy by sending a commerce of the United States. In
submitting written comments, data, or request to the Federal Aviation developing U.S. standards, this Trade
views. We also invite comments relating Administration, Office of Rulemaking, Act also requires agencies to consider
to the economic, environmental, energy, ARM–1, 800 Independence Avenue international standards and, where
or federalism impacts that might result SW., Washington, DC 20591, or by appropriate, use them as the basis of
from adopting the proposals in this calling (202) 267–9680. Make sure to U.S. standards. And fourth, the
document. The most helpful comments identify the docket number, notice Unfunded Mandates Reform Act of 1995
reference a specific portion of the number, or amendment number of this requires agencies to prepare a written
proposal, explain the reason for any rulemaking. assessment of the costs, benefits and
recommended change, and include other effects of proposed or final rules
Small Business Regulatory Enforcement
supporting data. We ask that you send that include a Federal mandate likely to
Fairness Act
us two copies of written comments. result in the expenditure by State, local
We will file in the docket all The Small Business Regulatory or tribal governments, in the aggregate,
comments we receive, as well as a Enforcement Fairness Act (SBREFA) of or by the private sector, of $100 million
report summarizing each substantive 1996 requires the FAA to comply with or more annually (adjusted for
public contact with FAA personnel small entity requests for information or inflation.)
concerning this proposed rulemaking. advice about compliance with statutes The FAA has determined this rule (1)
The docket is available for public and regulations within its jurisdiction. has benefits which do justify its costs,
inspection before and after the comment Therefore, any small entity that has a is not a ‘‘significant regulatory action’’
closing date. If you wish to review the question regarding this document may as defined in the Executive Order and
docket in person, go to the address in contact their local FAA official, or the is ‘‘not significant’’ as defined in DOT’s
the ADDRESSES section of this preamble person listed under FOR FURTHER Regulatory Policies and Procedures; (2)
between 9 a.m. and 5 p.m., Monday INFORMATION CONTACT. You can find out will not have a significant impact on a
through Friday, except Federal holidays. more about SBREFA on the Internet at substantial number of small entities; (3)
You may also review the docket using our site, http://www.faa.gov/avr/arm/ does not impose any barriers to
the Internet at the Web address in the sbrefa.cfm. international trade; and (4) does not
ADDRESSES section. impose an unfunded mandate on state,
Paperwork Reduction Act local, or tribal governments, or on the
Privacy Act: Using the search function
of our docket web site, anyone can find The Paperwork Reduction Act of 1995 private sector.
and read the comments received into (44 U.S.C. 3507(d)) requires that the The Department of Transportation
any of our dockets, including the name FAA consider the impact of paperwork Order DOT 2100.5 prescribes policies
of the individual sending the comment and other information collection and procedures for simplification,
(or signing the comment on behalf of an burdens imposed on the public. We analysis, and review of regulations. If it
association, business, labor union, etc.). have determined that there are no is determined that the expected cost
You may review DOT’s complete requirements for information collection impact is so minimal that a proposal
Privacy Act Statement in the Federal associated with this rule. does not warrant a full evaluation, this
Register published on April 11, 2000 order permits a statement to that effect
International Compatibility
(65 FR 19477–78) or you may visit and the basis for it to be included in the
http://dms.dot.gov. In keeping with U.S. obligations preamble and a full regulatory
Before acting on this proposal, we under the Convention on International evaluation cost benefit evaluation need
will consider all comments we receive Civil Aviation, it is FAA policy to not be prepared. Such a determination
on or before the closing date for comply with International Civil has been made for this rule. The
comments. We will consider comments Aviation Organization (ICAO) Standards reasoning for that determination
filed late if it is possible to do so and Recommended Practices to the follows.
without incurring expense or delay. We maximum extent practicable. The FAA Since this final rule is relieving, the
may change this proposal in light of the identified and discussed similarities FAA has determined that the rule will
comments we receive. and differences in these proposed have minimal impact. The FAA requests
If you want the FAA to acknowledge amendments and foreign regulations. comment with supporting justification
receipt of your comments on this regarding the FAA determination of
Economic Evaluation, Regulatory
proposal, include with your comments minimal impact.
Flexibility Act, Trade Impact
a pre-addressed, stamped postcard on Assessment, and Unfunded Mandates Regulatory Flexibility Act
which the docket number appears. We Assessment
will stamp the date on the postcard and The Regulatory Flexibility Act of 1980
mail it to you. Proposed changes to Federal (RFA) establishes ‘‘as a principle of
regulations must undergo several regulatory issuance that agencies shall
Availability of Rulemaking Documents economic analyses. First, Executive endeavor, consistent with the objective
You can get an electronic copy using Order 12866 directs each Federal agency of the rule and of applicable statutes, to
the Internet by: to propose or adopt a regulation only fit regulatory and informational
(1) Searching the Department of after upon a reasoned determination requirements to the scale of the
Transportation’s electronic Docket that the benefits of the intended business, organizations, and

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Federal Register / Vol. 70, No. 217 / Thursday, November 10, 2005 / Rules and Regulations 68333

governmental jurisdictions subject to Executive Order 13132, Federalism. We ■ b. By removing the reference in
regulation.’’ To achieve that principle, determined that this action will not paragraph (c) to ‘‘flight level 250’’
the RFA requires agencies to solicit and have a substantial direct effect on the wherever it appears and inserting the
consider flexible regulatory proposals States, or the relationship between the reference to ‘‘flight level 350’’ in its
and to explain the rationale for their National Government and the States, or place.
actions. The RFA covers a wide-range of on the distribution of power and Issued in Washington, DC on November 4,
small entities, including small responsibilities among the various 2005.
businesses, not-for-profit organizations levels of government. Therefore, we Marion C. Blakey,
and small governmental jurisdictions. determined that this final rule does not Administrator.
Agencies must perform a review to have federalism implications.
[FR Doc. 05–22456 Filed 11–9–05; 8:45 am]
determine whether a proposed or final
rule will have a significant economic Environmental Analysis BILLING CODE 4910–13–P

impact on a substantial number of small FAA Order 1050.1E identifies FAA


entities. If the agency determines that it actions that are categorically excluded
will, the agency must prepare a from preparation of an environmental DEPARTMENT OF HOMELAND
regulatory flexibility analysis as assessment or environmental impact SECURITY
described in the Act. statement under the National
This final rule will provide minor cost Environmental Policy Act in the Coast Guard
savings to small part 121 operators. absence of extraordinary circumstances.
Therefore, the FAA Administrator The FAA has determined this 33 CFR Part 100
certifies this action will not have a rulemaking action qualifies for the [CGD07–05–116]
significant economic impact on a categorical exclusion identified in
RIN 1625–AA08
substantial number of small entities. paragraph 312d and involves no
Trade Impact Assessment extraordinary circumstances. Special Local Regulations: Offshore
Regulations That Significantly Affect Super Series Boat Race, St. Petersburg
The Trade Agreements Act of 1979
Energy Supply, Distribution, or Use Beach, FL
prohibits Federal agencies from
engaging in any standards or related The FAA has analyzed this final rule AGENCY: Coast Guard, DHS.
activities that create unnecessary under Executive Order 13211, Actions ACTION: Temporary final rule.
obstacles to the foreign commerce of the Concerning Regulations that
United States. Legitimate domestic Significantly Affect Energy Supply, SUMMARY: The Coast Guard is
objectives, such as safety, are not Distribution, or Use (66 FR 28355, May establishing a temporary special local
considered unnecessary obstacles. The 18, 2001). We have determined that it is regulation for the Offshore Super Series
statute also requires consideration of not a ‘‘significant energy action’’ under Boat Race in St. Petersburg Beach,
international standards and where the executive order because it is not a Florida, in the vicinity of the Don Cesar
appropriate, that they be the basis for ‘‘significant regulatory action’’ under Hotel. This event will be held November
U.S. standards. The FAA has assessed Executive Order 12866, and it is not 16th, 17th, 19th, and 20th, 2005
the potential effect of this final rule and likely to have a significant adverse effect between 11 a.m. and 5 p.m. EDT
has determined that it will provide cost on the supply, distribution, or use of (Eastern Daylight Time). Historically,
savings to domestic operators and will energy. there have been approximately 400
not impose any costs on international participant and spectator craft. The
entities, and thus has a neutral trade List of Subjects in 14 CFR Part 121 nature of high speed boats traveling at
impact. Air Carriers, Aircraft, Airmen, speeds in excess of 130 miles per hour
Aviation Safety, Charter Flight, Safety, creates an extra or unusual hazard in the
Unfunded Mandates Assessment
Transportation. navigable waters of the United States.
The Unfunded Mandates Reform Act This rule is necessary to ensure the
of 1995 (the Act), enacted as Pub. L. Adoption of the Amendment safety of life for the participating
104–4 on March 22, 1995, is intended, ■ Accordingly, the Federal Aviation vessels, spectators, and mariners in the
among other things, to curb the practice Administration amends part 121 of the area on the navigable waters of the
of imposing unfunded Federal mandates Federal Aviation Regulations (14 CFR United States.
on State, local, and tribal governments. part 121) as follows: DATES: This rule is effective from 10:30
Title II of the Act requires each Federal a.m. on November 16, 2005 through 5:30
agency to prepare a written statement PART 121—OPERATING p.m. on November 20, 2005.
assessing the effects of any Federal REQUIREMENTS: DOMESTIC, FLAG, ADDRESSES: Documents indicated in this
mandate in a proposed or final agency AND SUPPLEMENTAL OPERATIONS
rule that may result in a $100 million or preamble as being available in the
more expenditure (adjusted annually for ■ 1. The authority citation for part 121 docket are part of docket [CGD07–05–
inflation). The FAA currently uses an continues to read as follows: 116] and are available for inspection or
inflation-adjusted value of $120.7 copying at Coast Guard Sector St.
Authority: 49 U.S.C. 106(g), 40113, 40119,
million in lieu of $100 million. Petersburg, Prevention Department, 155
41706, 44101, 44701–44702, 44705, 44709–
This final rule does not contain such 44711, 44713, 44716–44717, 44722, 44901, Columbia Drive, Tampa, Florida 33606–
a mandate. Therefore, the requirements 44903–44904, 44912, 45101–45105, 46105, 3598 between 7:30 a.m. and 4 p.m.,
of Title II of the Unfunded Mandates 46301. Monday through Friday, except Federal
Reform Act of 1995 do not apply to this holidays.
§ 121.333 [Amended]
regulation. FOR FURTHER INFORMATION CONTACT:
■ 2. Amend § 121.333 by: Lieutenant Junior Grade Jennifer
Executive Order 13132, Federalism ■ a. Changing the word ‘‘shall’’ to Andrew at Coast Guard Sector St.
The FAA has analyzed this final rule ‘‘must’’ wherever it appears in the Petersburg, Prevention Department,
under the principles and criteria of section; and (813) 228–2191, Ext. 8203.

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