I think the FAA agreed with you on this. The FAA had actually published a rulemaking in December of 2005 that changed the required altitude to have the mask on from above FL250 to above FL350. They were so sure this was a no-brainer that they published it as "a direct final" rule (skipping the customary "proposal" comment period. Here it is:Precautions only make sense if the threat is substantial. The threat of a rapid or explosive decompression occurring just when a pilot is using the lav is so small putting on the mask is just unnecessary. Time for this reg to change.
SUMMARY: In this direct final rule, the FAA is amending its regulation on the use of pilot supplemental oxygen. The amendment changes the flight level at which the remaining pilot at the controls of the airplane must put on and use his oxygen mask if the other pilot at any time leaves his control station of the airplane. This amendment revises that altitude to "above flight level 350" from "above flight level 250." It will also eliminate the needless use of oxygen that is not otherwise required to provide for safety in air carrier operations. This will reduce needless expenditures to replace oxygen equipment that is subject to excessive wear and tear.
DATES: Effective January 9, 2006.
In accordance with Sec. 11.13, the FAA is issuing this rule as a direct final with request for comment because we do not expect to receive any adverse comments, and thus, an NPRM is unnecessary. However, to be certain that we are correct, we set the comment period to end before the effective date. If the FAA receives any adverse comment or notice, then the final rule is withdrawn before it becomes effective. The FAA may then issue an NPRM.
The FAA anticipates that this regulation will not result in adverse or negative comment and therefore is issuing it as a direct final rule. This final rule reduces the restrictiveness of a requirement as it applies to air carriers conducting operations under part 121. The reduction in the requirement will not affect the safety of these operations because of the improvement of oxygen equipment. As a result, the FAA has determined that this amendment is a relieving change that has no adverse effect on public safety.
http://rgl.faa.gov/Regulatory_and_G...64a7136de336f3e7862570d700784f73!OpenDocument
Boy, were they surprised. The NTSB essentially humiliated the FAA by going public with a "what the heck were you thinking" and "gee, you sure are stupid" comment. They could have handled in quietly but it seems they wanted to make a point. The FAA immediately withdrew the rule. Here's their removal comment:
"On November 10, 2005, the Federal Aviation Administration (FAA) published a direct final rule to amend its regulation on the use of pilot supplemental oxygen with an effective date of January 9, 2006. The FAA received an adverse comment from the National Transportation Safety Board stating that the FAA relied on time of useful consciousness data that did not represent actual pilot performance under realistic decompression conditions. In accordance with Sec. 11.31, which states if the FAA receives an adverse comment it will notify the public by publishing a document in the Federal Register, the FAA is using this notice to withdraw this direct final rule in whole."
http://rgl.faa.gov/Regulatory_and_G...c6432c5f14e19330862570f3006ba317!OpenDocument
Personally, I think the FAA had done a post-9/11 risk analysis of the intruder in the cockpit scenario and decided that it was, in fact, a signficant risk. This rulemaking change balanced the new risk (intruder) with the old (decompression) and found a safe compromise: change the altitude to FL350.
Too bad common sense did not prevail. Please, go to the link and post your comment. We can get this changed!
http://www.regulations.gov/search/Regs/home.html#submitComment?R=0900006480a41a09
Last edited: