81 FR 38572 - Acceptance Criteria for Portable Oxygen Concentrators Used On Board Aircraft; Correction

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Office of the Secretary

Federal Register Volume 81, Issue 114 (June 14, 2016)

This final rule replaces the existing process by which the Federal Aviation Administration (Agency or FAA) approves portable oxygen concentrators (POC) for use on board aircraft in air carrier operations, commercial operations, and certain other operations using large aircraft. The FAA currently assesses each POC make and model on a case-by-case basis and if the FAA determines that a particular POC is safe for use on board an aircraft, the FAA conducts rulemaking to identify the specific POC model in an FAA regulation. This final rule replaces the current process and allows passengers to use a POC on board an aircraft if the POC satisfies certain acceptance criteria and bears a label indicating conformance with the acceptance criteria. The labeling requirement only affects POCs intended for use on board aircraft that were not previously approved for use on aircraft by the FAA. Additionally, this rulemaking will eliminate redundant operational requirements and paperwork requirements related to the physician's statement. As a result, this rulemaking will reduce burdens for POC manufacturers, passengers who use POCs while traveling, and affected aircraft operators. This final rule also makes conforming amendments to the Department of Transportation's (Department or DOT) rule implementing the Air Carrier Access Act (ACAA) to require carriers to accept all POC models that meet FAA acceptance criteria as detailed in this rule.

[Federal Register Volume 81, Number 114 (Tuesday, June 14, 2016)]
[Rules and Regulations]
[Pages 38572-38573]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-13955]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 11, 121, 125, and 135

Office of the Secretary

14 CFR Part 382

[Docket No.: FAA-2014-0554; Amdt. Nos. 1-69; 11-60; 121-374, 125-65, 
135-133]
RIN 2120-AK32


Acceptance Criteria for Portable Oxygen Concentrators Used On 
Board Aircraft; Correction

AGENCY: Federal Aviation Administration (FAA) and the Office of the 
Secretary (OST), Department of Transportation (DOT).

ACTION: Final rule; correction.

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SUMMARY: This final rule replaces the existing process by which the 
Federal Aviation Administration (Agency or FAA) approves portable 
oxygen concentrators (POC) for use on board aircraft in air carrier 
operations, commercial operations, and certain other operations using 
large aircraft. The FAA currently assesses each POC make and model on a 
case-by-case basis and if the FAA determines that a particular POC is 
safe for use on board an aircraft, the FAA conducts rulemaking to 
identify the specific POC model in an FAA regulation. This final rule 
replaces the current process and allows passengers to use a POC on 
board an aircraft if the POC satisfies certain acceptance criteria and 
bears a label indicating conformance with the acceptance criteria. The 
labeling requirement only affects POCs intended for use on board 
aircraft that were not previously approved for use on aircraft by the 
FAA. Additionally, this rulemaking will eliminate redundant operational 
requirements and paperwork requirements related to the physician's 
statement. As a result, this rulemaking will reduce burdens for POC 
manufacturers, passengers who use POCs while traveling, and affected 
aircraft operators. This final rule also makes conforming amendments to 
the Department of Transportation's (Department or DOT) rule 
implementing the Air Carrier Access Act (ACAA) to require carriers to 
accept all POC models that meet FAA acceptance criteria as detailed in 
this rule.

DATES: This correction will become effective on June 23, 2016.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact DK Deaderick, 121 Air Carrier Operations Branch, 
Air Transportation Division, Flight Standards Service, Federal Aviation 
Administration, AFS-220, 800 Independence Avenue SW., Washington, DC 
20591; telephone (202) 267-7480; email [email protected]. For 
questions regarding the Department's disability regulation (14 CFR part 
382), contact Clereece Kroha, Senior Attorney, Office of Aviation 
Enforcement and Proceedings, Department of Transportation, 1200 New 
Jersey Avenue SE., Washington, DC 20590; telephone (202) 366-9041; 
email [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    On May 24, 2016, the FAA published a final rule entitled, 
``Acceptance Criteria for Portable Oxygen Concentrators Used On Board 
Aircraft'' (81 FR 33098).
    This final rule affects the use of POCs on board aircraft in 
operations conducted under title 14 of the Code of Federal Regulations 
(14 CFR) parts 121, 125, and 135, by replacing the existing FAA case-
by-case approval process for each make and model of POC in Special 
Federal Aviation Regulation (SFAR) No. 106, with FAA acceptance 
criteria. Under SFAR No. 106, each time the FAA approves a specific 
model of POC for use on board aircraft, the agency updates the list of 
approved POCs in the SFAR.
    This final rule removes SFAR No. 106 and replaces it with POC 
acceptance criteria and specific labeling requirements to identify POCs 
that conform to the acceptance criteria. POCs that conform to the final 
rule acceptance criteria will be allowed on board aircraft without 
additional FAA review and rulemaking.
    As with existing requirements for FAA approval of POCs that may be 
used on aircraft, the final rule acceptance criteria and labeling 
requirement only apply to POCs intended for use on board aircraft. 
Table 1 provides a comparison of the final rule acceptance criteria and 
labeling requirement with related SFAR No. 106.
    However, the final rule was published with an incorrect amendment 
number, ``11-59,'' which is the same amendment number as the rule 
entitled ``Administrative Practices and Procedures, Reporting and 
Recordkeeping Requirements '' (81 FR 13969), published on March 16, 
2016. The correct amendment number for this rule should be ``11-60.''

[[Page 38573]]

Correction

    In FR Doc. 2016-11908 beginning on page 33098 in the Federal 
Register of May 24, 2016, make the following correction:

Correction

    1. On page 33098, in the first column, in the document heading, 
revise ``[Docket No.: FAA-2014-0554; Amdt. Nos. 1-69, 11-59, 121-374, 
125-65, and 135-133]'' to read ``[Docket No.: FAA-2014-0554; Amdt. Nos. 
1-69, 11-60, 121-374, 125-65, and 135-133]''.

    Issued under authority provided by 49 U.S.C. 106(f) in 
Washington, DC, on June 1, 2016.
Dale A. Bouffiou,
Acting Director, Office of Rulemaking.
[FR Doc. 2016-13955 Filed 6-13-16; 8:45 am]
 BILLING CODE 4910-13-P