81 FR 43463 - Acceptance Criteria for Portable Oxygen Concentrators Used on Board Aircraft; Correction

DEPARTMENT OF TRANSPORTATION
Office of the Secretary
Federal Aviation Administration

Federal Register Volume 81, Issue 128 (July 5, 2016)

Page Range		43463-43463
FR Document		2016-15770

This document corrects a final rule which 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. The 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, the rulemaking will eliminate redundant operational requirements and paperwork requirements related to the physician's statement. As a result, the rulemaking will reduce burdens for POC manufacturers, passengers who use POCs while traveling, and affected aircraft operators. The final rule also made 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 128 (Tuesday, July 5, 2016)

[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Rules and Regulations]
[Page 43463]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-15770]



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Rules and Regulations
                                                Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
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Federal Register / Vol. 81, No. 128 / Tuesday, July 5, 2016 / Rules 
and Regulations

[[Page 43463]]



 DEPARTMENT OF TRANSPORTATION

Office of the Secretary

14 CFR Part 382

Federal Aviation Administration

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

[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 document corrects a final rule which 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. The 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, the rulemaking 
will eliminate redundant operational requirements and paperwork 
requirements related to the physician's statement. As a result, the 
rulemaking will reduce burdens for POC manufacturers, passengers who 
use POCs while traveling, and affected aircraft operators. The final 
rule also made 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 July 5, 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 dk.deaderick@faa.gov. 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 clereece.kroha@dot.gov.

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).
    The 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.
    The 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.
    However, the final rule was published with an incorrect references 
to AC 120-95B, when the new AC is actually AC 120-95A.

Correction

    In FR Doc. 2016-11908, pages 33102, 33111, and 33113, in the 
Federal Register of May 24, 2016, make the following corrections:
    1. On page 33102, third column, footnote 5, first line, correct 
``AC 120-95B'' to ``AC 120-95'';
    2. On page 33111, in the first column, tenth line from the bottom, 
correct ``AC 120-95B'' to read as ``AC 120-95A'';
    3. On page 33113, in the first column, third line from the top in 
parenthesis, correct ``AC 120-95B'' to read as ``AC 120-95A'';
    4. On page 33113, in the second column, second paragraph, 
thirteenth line, correct ``AC 120-95B'' to read as ``AC 120-95A''.

    Issued under authority provided by 49 U.S.C. 106(f) in 
Washington, DC, on June 23, 2016.
Dale A. Bouffiou,
Acting Director, Office of Rulemaking.
[FR Doc. 2016-15770 Filed 7-1-16; 8:45 am]
 BILLING CODE 4910-13-P

43463

Rules and Regulations Federal Register
Vol. 81, No. 128

Tuesday, July 5, 2016

This section of the FEDERAL REGISTER requirements and paperwork that conform to the final rule acceptance
contains regulatory documents having general requirements related to the physician’s criteria will be allowed on board aircraft
applicability and legal effect, most of which statement. As a result, the rulemaking without additional FAA review and
are keyed to and codified in the Code of will reduce burdens for POC rulemaking.
Federal Regulations, which is published under manufacturers, passengers who use As with existing requirements for
50 titles pursuant to 44 U.S.C. 1510.
POCs while traveling, and affected FAA approval of POCs that may be used
The Code of Federal Regulations is sold by aircraft operators. The final rule also on aircraft, the final rule acceptance
the Superintendent of Documents. Prices of made conforming amendments to the criteria and labeling requirement only
new books are listed in the first FEDERAL Department of Transportation’s apply to POCs intended for use on board
REGISTER issue of each week. (Department or DOT) rule implementing aircraft.
the Air Carrier Access Act (ACAA) to However, the final rule was published
require carriers to accept all POC with an incorrect references to AC 120–
DEPARTMENT OF TRANSPORTATION models that meet FAA acceptance 95B, when the new AC is actually AC
criteria as detailed in this rule. 120–95A.
Office of the Secretary
DATES: This correction will become Correction
effective on July 5, 2016.
14 CFR Part 382 In FR Doc. 2016–11908, pages 33102,
FOR FURTHER INFORMATION CONTACT: For
technical questions concerning this 33111, and 33113, in the Federal
Federal Aviation Administration Register of May 24, 2016, make the
action, contact DK Deaderick, 121 Air
Carrier Operations Branch, Air following corrections:
14 CFR Parts 1, 11, 121, 125, and 135 1. On page 33102, third column,
Transportation Division, Flight
[Docket No.: FAA–2014–0554; Amdt. Nos. Standards Service, Federal Aviation footnote 5, first line, correct ‘‘AC 120–
1–69; 11–60; 121–374, 125–65, 135–133] Administration, AFS–220, 800 95B’’ to ‘‘AC 120–95’’;
Independence Avenue SW., 2. On page 33111, in the first column,
RIN 2120–AK32 tenth line from the bottom, correct ‘‘AC
Washington, DC 20591; telephone (202)
267–7480; email dk.deaderick@faa.gov. 120–95B’’ to read as ‘‘AC 120–95A’’;
Acceptance Criteria for Portable 3. On page 33113, in the first column,
Oxygen Concentrators Used on Board For questions regarding the
Department’s disability regulation (14 third line from the top in parenthesis,
Aircraft; Correction correct ‘‘AC 120–95B’’ to read as ‘‘AC
CFR part 382), contact Clereece Kroha,
AGENCY: Federal Aviation Senior Attorney, Office of Aviation 120–95A’’;
Administration (FAA) and the Office of 4. On page 33113, in the second
Enforcement and Proceedings,
the Secretary (OST), Department of column, second paragraph, thirteenth
Department of Transportation, 1200
Transportation (DOT). line, correct ‘‘AC 120–95B’’ to read as
New Jersey Avenue SE., Washington,
‘‘AC 120–95A’’.
ACTION: Final rule; correction. DC 20590; telephone (202) 366–9041;
email clereece.kroha@dot.gov. Issued under authority provided by 49
SUMMARY: This document corrects a SUPPLEMENTARY INFORMATION: U.S.C. 106(f) in Washington, DC, on June 23,
final rule which replaces the existing 2016.
process by which the Federal Aviation Background Dale A. Bouffiou,
Administration (Agency or FAA) On May 24, 2016, the FAA published Acting Director, Office of Rulemaking.
approves portable oxygen concentrators a final rule entitled, ‘‘Acceptance [FR Doc. 2016–15770 Filed 7–1–16; 8:45 am]
(POC) for use on board aircraft in air Criteria for Portable Oxygen BILLING CODE 4910–13–P
carrier operations, commercial Concentrators Used On Board Aircraft’’
operations, and certain other operations (81 FR 33098).
using large aircraft. The FAA currently The final rule affects the use of POCs DEPARTMENT OF TRANSPORTATION
assesses each POC make and model on on board aircraft in operations
a case-by-case basis and if the FAA conducted under title 14 of the Code of Federal Aviation Administration
determines that a particular POC is safe Federal Regulations (14 CFR) parts 121,
for use on board an aircraft, the FAA 125, and 135, by replacing the existing 14 CFR Parts 13 and 406
conducts rulemaking to identify the FAA case-by-case approval process for [Docket No. FAA–2016–7004; Amdt. Nos.
specific POC model in an FAA each make and model of POC in Special 13–38, 406–10]
regulation. The final rule replaces the Federal Aviation Regulation (SFAR) No.
current process and allows passengers 106, with FAA acceptance criteria. RIN 2120–AK90
to use a POC on board an aircraft if the Under SFAR No. 106, each time the Revisions to the Civil Penalty Inflation
POC satisfies certain acceptance criteria FAA approves a specific model of POC Adjustment Tables
and bears a label indicating for use on board aircraft, the agency
sradovich on DSK3GDR082PROD with RULES

conformance with the acceptance updates the list of approved POCs in the AGENCY: Federal Aviation
criteria. The labeling requirement only SFAR. Administration, DOT.
affects POCs intended for use on board The final rule removes SFAR No. 106 ACTION: Interim final rule.
aircraft that were not previously and replaces it with POC acceptance
approved for use on aircraft by the FAA. criteria and specific labeling SUMMARY: This interim final rule is the
Additionally, the rulemaking will requirements to identify POCs that catch-up inflation adjustment to civil
eliminate redundant operational conform to the acceptance criteria. POCs penalty amounts that may be imposed

VerDate Sep<11>2014 16:06 Jul 01, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 E:\FR\FM\05JYR1.SGM 05JYR1

Document Created: 2016-07-01 23:49:31
Document Modified: 2016-07-01 23:49:31

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 July 5, 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 43463
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 43463 - Acceptance Criteria for Portable Oxygen Concentrators Used on Board Aircraft; Correction

DEPARTMENT OF TRANSPORTATIONOffice of the SecretaryFederal Aviation Administration

Federal Register Volume 81, Issue 128 (July 5, 2016)

DEPARTMENT OF TRANSPORTATION
Office of the Secretary
Federal Aviation Administration