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)

Page Range		38572-38573
FR Document		2016-13955

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 Issue 114 (Tuesday, June 14, 2016)

[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.

-----------------------------------------------------------------------

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

38572 Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations

Civil Penalties Inflation Adjustment Act Improvements Act of 2015, (28 U.S.C.
2461 note) as follows:

Adjusted
U.S. code citation Civil penalty description maximum civil
penalty amount

12 U.S.C. 5565(c)(2)(A) ........................................................... Tier 1 penalty .......................................................................... $5,437
12 U.S.C. 5565(c)(2)(B) ........................................................... Tier 2 penalty .......................................................................... 27,186
12 U.S.C. 5565(c)(2)(C) .......................................................... Tier 3 penalty .......................................................................... 1,087,450
15 U.S.C. 1717a(a)(2) ............................................................. Per violation ............................................................................. 1,894
15 U.S.C. 1717a(a)(2) ............................................................. Annual cap .............................................................................. 1,893,610
12 U.S.C. 2609(d)(1) ............................................................... Per failure ................................................................................ 89
12 U.S.C. 2609(d)(1) ............................................................... Annual cap .............................................................................. 178,156
12 U.S.C. 2609(d)(2)(A) .......................................................... Per failure, where intentional .................................................. 178
12 U.S.C. 5113(d)(2) ............................................................... Per violation ............................................................................. 27,455
15 U.S.C. 1639e(k)(1) ............................................................. First violation ........................................................................... 10,875
15 U.S.C. 1639e(k)(2) ............................................................. Subsequent violations ............................................................. 21,749

(b) The adjustments in paragraph (a) identify the specific POC model in an Background
of this section shall apply to civil FAA regulation. This final rule replaces
penalties assessed after July 14, 2016, the current process and allows On May 24, 2016, the FAA published
regardless of when the violation for passengers to use a POC on board an a final rule entitled, ‘‘Acceptance
which the penalty is assessed occurred. aircraft if the POC satisfies certain Criteria for Portable Oxygen
acceptance criteria and bears a label Concentrators Used On Board Aircraft’’
Dated: June 7, 2016. (81 FR 33098).
Richard Cordray,
indicating conformance with the
acceptance criteria. The labeling This final rule affects the use of POCs
Director, Bureau of Consumer Financial
requirement only affects POCs intended on board aircraft in operations
Protection.
for use on board aircraft that were not conducted under title 14 of the Code of
[FR Doc. 2016–14031 Filed 6–13–16; 8:45 am]
previously approved for use on aircraft Federal Regulations (14 CFR) parts 121,
BILLING CODE 4810–AM–P
by the FAA. Additionally, this 125, and 135, by replacing the existing
rulemaking will eliminate redundant FAA case-by-case approval process for
operational requirements and each make and model of POC in Special
DEPARTMENT OF TRANSPORTATION paperwork requirements related to the Federal Aviation Regulation (SFAR) No.
physician’s statement. As a result, this 106, with FAA acceptance criteria.
Federal Aviation Administration Under SFAR No. 106, each time the
rulemaking will reduce burdens for POC
manufacturers, passengers who use FAA approves a specific model of POC
14 CFR Parts 1, 11, 121, 125, and 135 for use on board aircraft, the agency
POCs while traveling, and affected
aircraft operators. This final rule also updates the list of approved POCs in the
Office of the Secretary SFAR.
makes conforming amendments to the
Department of Transportation’s This final rule removes SFAR No. 106
14 CFR Part 382
(Department or DOT) rule implementing and replaces it with POC acceptance
[Docket No.: FAA–2014–0554; Amdt. Nos. the Air Carrier Access Act (ACAA) to criteria and specific labeling
1–69; 11–60; 121–374, 125–65, 135–133] require carriers to accept all POC requirements to identify POCs that
RIN 2120–AK32 models that meet FAA acceptance conform to the acceptance criteria. POCs
criteria as detailed in this rule. that conform to the final rule acceptance
Acceptance Criteria for Portable DATES: This correction will become criteria will be allowed on board aircraft
Oxygen Concentrators Used On Board effective on June 23, 2016. without additional FAA review and
Aircraft; Correction FOR FURTHER INFORMATION CONTACT: For rulemaking.
AGENCY: Federal Aviation technical questions concerning this As with existing requirements for
Administration (FAA) and the Office of action, contact DK Deaderick, 121 Air FAA approval of POCs that may be used
the Secretary (OST), Department of Carrier Operations Branch, Air on aircraft, the final rule acceptance
Transportation (DOT). Transportation Division, Flight criteria and labeling requirement only
Standards Service, Federal Aviation apply to POCs intended for use on board
ACTION: Final rule; correction.
Administration, AFS–220, 800 aircraft. Table 1 provides a comparison
SUMMARY: This final rule replaces the Independence Avenue SW., of the final rule acceptance criteria and
existing process by which the Federal Washington, DC 20591; telephone (202) labeling requirement with related SFAR
Aviation Administration (Agency or 267–7480; email dk.deaderick@faa.gov. No. 106.
FAA) approves portable oxygen For questions regarding the However, the final rule was published
concentrators (POC) for use on board Department’s disability regulation (14 with an incorrect amendment number,
aircraft in air carrier operations, CFR part 382), contact Clereece Kroha, ‘‘11–59,’’ which is the same amendment
sradovich on DSK3TPTVN1PROD with RULES

commercial operations, and certain Senior Attorney, Office of Aviation number as the rule entitled
other operations using large aircraft. The Enforcement and Proceedings, ‘‘Administrative Practices and
FAA currently assesses each POC make Department of Transportation, 1200 Procedures, Reporting and
and model on a case-by-case basis and New Jersey Avenue SE., Washington, Recordkeeping Requirements ’’ (81 FR
if the FAA determines that a particular DC 20590; telephone (202) 366–9041; 13969), published on March 16, 2016.
POC is safe for use on board an aircraft, email clereece.kroha@dot.gov. The correct amendment number for this
the FAA conducts rulemaking to SUPPLEMENTARY INFORMATION: rule should be ‘‘11–60.’’

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Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations 38573

Correction DATES: This AD is effective June 29, SUPPLEMENTARY INFORMATION:
In FR Doc. 2016–11908 beginning on 2016.
The Director of the Federal Register Discussion
page 33098 in the Federal Register of
approved the incorporation by reference On April 21, 2016, we issued AD
May 24, 2016, make the following
of certain publications listed in this AD 2016–09–11, Amendment 39–18509 (81
correction:
as of June 13, 2016 (81 FR 27986, May FR 27986, May 9, 2016) (‘‘AD 2016–09–
Correction 9, 2016). 11’’), for certain Airbus Model A330–
We must receive comments on this 200, –200 Freighter, and –300 series
1. On page 33098, in the first column,
AD by July 29, 2016. airplanes; and Model A340–200 and
in the document heading, revise
ADDRESSES: You may send comments, –300 series airplanes. AD 2016–09–11
‘‘[Docket No.: FAA–2014–0554; Amdt.
Nos. 1–69, 11–59, 121–374, 125–65, and using the procedures found in 14 CFR was prompted by reports that cracks
135–133]’’ to read ‘‘[Docket No.: FAA– 11.43 and 11.45, by any of the following were found on an adjacent hole of
2014–0554; Amdt. Nos. 1–69, 11–60, methods: certain frames of the CWB. AD 2016–
• Federal eRulemaking Portal: Go to 09–11 required removing fasteners,
121–374, 125–65, and 135–133]’’.
http://www.regulations.gov. Follow the doing a rototest inspection of fastener
Issued under authority provided by 49 instructions for submitting comments. holes, installing new fasteners,
U.S.C. 106(f) in Washington, DC, on June 1, • Fax: 202–493–2251.
2016. • Mail: U.S. Department of oversizing the holes and doing rototest
Dale A. Bouffiou, Transportation, Docket Operations, M– inspections for cracks if necessary, and
Acting Director, Office of Rulemaking. 30, West Building Ground Floor, Room repairing any cracking that was found.
W12–140, 1200 New Jersey Avenue SE., We issued AD 2016–09–11 to detect and
[FR Doc. 2016–13955 Filed 6–13–16; 8:45 am]
Washington, DC 20590. correct cracking on certain holes of
BILLING CODE 4910–13–P
• Hand Delivery: U.S. Department of certain frames of the CWB that could
Transportation, Docket Operations, M– affect the structural integrity of the
30, West Building Ground Floor, Room airplane.
DEPARTMENT OF TRANSPORTATION
W12–140, 1200 New Jersey Avenue SE., Since we issued AD 2016–09–11, we
Federal Aviation Administration Washington, DC, between 9 a.m. and 5 discovered missing affected airplanes in
p.m., Monday through Friday, except paragraph (g)(2) of AD 2016–09–11 that
14 CFR Part 39 Federal holidays. resulted from converting a table to text
For service information identified in in that AD. We stated in the preamble
[Docket No. FAA–2016–6899; Directorate this final rule, contact Airbus SAS, of AD 2016–09–11 that we revised the
Identifier 2016–NM–066–AD; Amendment Airworthiness Office—EAL, 1 Rond format of paragraph (g) of that AD, at the
39–18558; AD 2016–12–09] Point Maurice Bellonte, 31707 Blagnac request of the Office of the Federal
Cedex, France; telephone: +33 5 61 93 Register, by converting the table to text.
RIN 2120–AA64
36 96; fax: +33 5 61 93 45 80; email: We also stated this change to the format
Airworthiness Directives; Airbus airworthiness.A330-A340@airbus.com; does not affect the requirements of that
Airplanes Internet: http://www.airbus.com. You paragraph.
may view this referenced service However, in converting the table to
AGENCY: Federal Aviation information at the FAA, Transport text, we inadvertently omitted Model
Administration (FAA), Department of Airplane Directorate, 1601 Lind Avenue A330–300 series airplanes from
Transportation (DOT). SW., Renton, WA. For information on paragraph (g)(2) of AD 2016–09–11. We
ACTION: Final rule; request for the availability of this material at the have changed paragraph (g)(2) of this
comments. FAA, call 425–227–1221. It is also AD to include Model A330–300 series
available on the Internet at http:// airplanes.
SUMMARY: We are superseding www.regulations.gov by searching for
Airworthiness Directive (AD) 2016–09– and locating Docket No. FAA–2016– The European Aviation Safety Agency
11 for certain Airbus Model A330–200, 6899. (EASA), which is the Technical Agent
–200 Freighter, and –300 series for the Member States of the European
airplanes; and Model A340–200 and Examining the AD Docket Union, has issued EASA Airworthiness
–300 series airplanes. AD 2016–09–11 You may examine the AD docket on Directive 2014–0149, dated June 13,
required removing fasteners, doing a the Internet at http:// 2014 (referred to after this as the
rototest inspection of fastener holes, www.regulations.gov by searching for Mandatory Continuing Airworthiness
installing new fasteners, oversizing the and locating Docket No. FAA–2016– Information, or ‘‘the MCAI’’), to correct
holes and doing rototest inspections for 6899; or in person at the Docket an unsafe condition for certain Airbus
cracks if necessary, and repairing any Management Facility between 9 a.m. Model A330–200, –200 Freighter, and
cracking that is found. This new AD and 5 p.m., proposed AD, the regulatory –300 series airplanes; and Model A340–
requires the same actions as AD 2016– evaluation, any comments received, and 200 and –300 series airplanes. The
09–11, but includes Model A330–300 other information. The street address for MCAI states:
series airplanes in paragraph (g)(2) of the Docket Operations office (telephone: During accomplishment of A330
this AD. This AD was prompted by the 800–647–5527) is in the ADDRESSES Airworthiness Limitation Item (ALI) task 57–
discovery of missing affected airplanes section. Comments will be available in 11–04 on the rear fitting of the Frame (FR)
in paragraph (g)(2) of AD 2016–09–11 the AD docket shortly after receipt. 40 between stringers 38 and 39 on both [left-
sradovich on DSK3TPTVN1PROD with RULES

that resulted from converting a table in FOR FURTHER INFORMATION CONTACT: hand] LH/[right-hand] RH sides, cracks were
the proposed AD to text in AD 2016–09– Vladimir Ulyanov, Aerospace Engineer, found on an adjacent hole. After reaming at
second oversize of the subject hole, the crack
11. We are issuing this AD to detect and International Branch, ANM–116, was still present.
correct cracking on certain holes of Transport Airplane Directorate, FAA, Other crack findings on this adjacent hole
certain frames of the center wing box 1601 Lind Avenue SW., Renton, WA have been reported on A330 and A340–200/
(CWB), which could affect the structural 98057–3356; telephone: 425–227–1138; –300 aeroplanes as a result of sampling
integrity of the airplane. fax: 425–227–1149. inspections.

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Document Created: 2016-06-14 02:58:54
Document Modified: 2016-06-14 02:58:54

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Final rule; correction.
Dates		This correction will become effective on June 23, 2016.
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]
FR Citation		81 FR 38572
RIN Number		2120-AK32
CFR Citation		14 CFR 1 14 CFR 11 14 CFR 121 14 CFR 125 14 CFR 135 14 CFR 382

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

DEPARTMENT OF TRANSPORTATIONFederal Aviation AdministrationOffice of the Secretary

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

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Office of the Secretary