Use of Certain Portable Oxygen Concentrator Devices Onboard Aircraft, 1442-1443 [E7-339]

Download as PDF 1442 Federal Register / Vol. 72, No. 8 / Friday, January 12, 2007 / Rules and Regulations The Amendment EFFECTIVE DATES: In consideration of the foregoing, the Federal Aviation Administration amends Chapter I of Title 14, Code of Federal Regulations as follows: I PART 121—OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS 1. The authority citation for part 121 continues to read as follows: I Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701–44702, 44705, 44709–44711, 44713, 44716–44717, 44722, 44901, 44903– 44904, 44912, 46105. 2. Amend § 121.312 by revising paragraph (e)(3) to read as follows: I § 121.312 interiors. Materials for compartment * * * * * (e) * * * (3) For airplanes with a passenger capacity of 20 or greater, manufactured after September 2, 2009, thermal/ acoustic insulation materials installed in the lower half of the fuselage must meet the flame penetration resistance requirements of § 25.856 of this chapter, effective September 2, 2003. Issued in Washington, DC, on January 4, 2007. Marion C. Blakey, Administrator. [FR Doc. E7–338 Filed 1–11–07; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 125 and 135 [Docket No. FAA–2004–18596; Amendment No. SFAR 106] RIN 2120–AI30 Use of Certain Portable Oxygen Concentrator Devices Onboard Aircraft Federal Aviation Administration, DOT. ACTION: Final rule; technical amendment. AGENCY: The Federal Aviation Administration (FAA) is making minor technical changes to a final rule published in the Federal Register on July 12, 2005 (70 FR 40156). That final rule created Special Federal Aviation Regulation 106 (SFAR 106). In that final rule the FAA inadvertently failed to make conforming amendments to additionally apply the SFAR to parts 125 and 135 as proposed, and to include references in those parts to the existence of SFAR 106 published in part 121. rmajette on PROD1PC67 with RULES SUMMARY: VerDate Aug<31>2005 15:29 Jan 11, 2007 Jkt 211001 Effective on February 12, 2007. FOR FURTHER INFORMATION CONTACT: David L. Catey, Air Transportation Division, AFS–200, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone (202) 267–3732. SUPPLEMENTARY INFORMATION: The Federal Aviation Administration (FAA) published SFAR 106, ‘‘Use of Certain Portable Oxygen Concentrator Devices onboard Aircraft,’’ in the Federal Register on July 12, 2005 (70 FR 40156). We inadvertently failed to attach notes to parts 125 and 135 of Title 14 of the Code of Federal Regulations (14 CFR) that would direct operators subject to those regulations to the body of SFAR 106. When the FAA published the notice of proposed rulemaking (NPRM) that offered the proposed SFAR to the public for comment, we clearly stated that the proposed regulation would apply to civil aircraft in parts 121, 125, and 135. The NPRM was published in the Federal Register on July 14, 2004 (69 FR 42324), and in the heading we noted that the proposal applied to 14 CFR Parts 121, 125, and 135. The applicability for an SFAR to a specific part of 14 CFR is not specifically cited in the Applicability section of the regulatory language, but rather cited in the heading of the SFAR and the parts affected contain an editorial note referring readers to the text of the SFAR. When the final rule was published, we failed to include those notes to parts 125 and 135. This technical amendment will add the editorial notes to parts 125 and 135 that direct the reader to the text of SFAR 106 and ensure that readers know the regulation applies to operations conducted under those parts. This amendment will not impose any additional restrictions on operators affected by these regulations. SFAR 106 permits passengers to carry on and use certain portable oxygen concentrator devices (POCs) onboard aircraft if the aircraft operator ensures that the conditions specified in the SFAR for their use are met. Aircraft operators can now offer medical oxygen service as they did before SFAR 106 was enacted, or they can arrange for passengers to carry on and use one of the devices covered in SFAR 106. SFAR 106 is an enabling rule, which means that no aircraft operator is required to allow passengers to operate these devices onboard, but they may allow them to be operated onboard. If one of these devices is allowed by the aircraft operator to be carried on board, the conditions in the SFAR must be met. SFAR 106 allows for the use of five PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 specific POC devices the FAA has found to be acceptable. Need for the Correction As stated above, this correction is needed to make clear that the conditions and regulations of SFAR 106 are also applicable to operations conducted under parts 125 and 135, as proposed in the NPRM and intended in the final rule. Technical Amendment The technical amendment will correct the omission of the editorial notes that direct operators under parts 125 and 135 to SFAR 106 in part 121. List of Subjects 14 CFR Part 125 Aircraft, Airmen, Aviation safety, Reporting and recordkeeping requirements 14 CFR Part 135 Air taxis, Aircraft, Aviation safety, Reporting and recordkeeping requirements. Accordingly, Title 14 of the Code of Federal Regulations (CFR) parts 125 and 135 are amended as follows: I PART 125—CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT. 1. The authority citation for part 125 continues to read as follows: I Authority: 49 U.S.C. 106(g), 40113, 44701– 44702, 44705, 44710–44711, 44713, 44716– 44717, 44722. 2. Special Federal Aviation Regulation No. 106 is added to part 125 to read as follows: I SPECIAL FEDERAL AVIATION REGULATION NO. 106 Editorial Note: For the text of SFAR No. 106, see part 121 of this chapter. PART 135—OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT 3. The authority citation for part 135 continues to read as follows: I Authority: 49 U.S.C. 106(g), 40113, 44701– 44702, 44705, 44709, 44711–44713, 44715– 44717, 44722. E:\FR\FM\12JAR1.SGM 12JAR1 Federal Register / Vol. 72, No. 8 / Friday, January 12, 2007 / Rules and Regulations I 4. Special Federal Aviation Regulation No. 106 is added to part 135 to read as follows: SPECIAL FEDERAL AVIATION REGULATION NO. 106 Editorial Note: For the text of SFAR No. 106, see part 121 of this chapter. Issued in Washington, DC, on January 4, 2007. Rebecca B. MacPherson, Assistant Chief Counsel for Regulations. [FR Doc. E7–339 Filed 1–11–07; 8:45 am] BILLING CODE 4910–13–P CONSUMER PRODUCT SAFETY COMMISSION 16 CFR Part 1407 Portable Generators; Final Rule; Labeling Requirements Consumer Product Safety Commission. ACTION: Final rule. AGENCY: SUMMARY: The Consumer Product Safety Commission (Commission or CPSC) is issuing a final rule requiring manufacturers to label portable generators with performance and technical data related to performance and safety. The required warning label informs purchasers that: ‘‘Using a generator indoors CAN KILL YOU IN MINUTES;’’ ‘‘Generator exhaust contains carbon monoxide. This is a poison you cannot see or smell;’’ ‘‘NEVER use inside a home or garage, EVEN IF doors and windows are open;’’ ‘‘Only use OUTSIDE and far away from windows, doors, and vents.’’ The warning label also includes pictograms. The Commission believes that providing this safety information will help reduce unreasonable risks of injury associated with portable generators.1 DATES: This regulation becomes effective May 14, 2007 and applies to any portable generator manufactured or imported on or after that date. FOR FURTHER INFORMATION CONTACT: Timothy P. Smith, Project Manager, Division of Human Factors, Directorate for Engineering Sciences, Consumer Product Safety Commission, 4330 EastWest Highway, Bethesda, Maryland; telephone (301) 504–7691; or e-mail: tsmith@cpsc.gov. rmajette on PROD1PC67 with RULES SUPPLEMENTARY INFORMATION: 1 Acting Chairman Nancy A. Nord and Commissioner Thomas H. Moore each filed a statement. The statements are available from the Office of the Secretary or on the Commission’s Web site at https://www.cpsc.gov. VerDate Aug<31>2005 15:29 Jan 11, 2007 Jkt 211001 A. Background The total yearly estimated non-fire related carbon monoxide (CO) deaths for each of the years 1999 through 2002 are 109, 138, 130 and 188, respectively. Since 1999, the percentage of estimated CO poisoning deaths specifically associated with generators has been increasing annually. In 1999, generators were associated with 7 (6%) of the total yearly estimated CO poisoning deaths for that year. In 2000, 2001 and 2002, they were associated with 19 (14%), 22 (17%) and 46 (24%) deaths out of the total estimates for each of those years. On October 12, 2005, the staff was directed to undertake a thorough review of the status of portable generator safety. As part of this review, the staff was requested to assess the sufficiency of warning labels to address the CO poisoning hazard posed by portable generators that are used within or near residences. In response to this request, CPSC staff prepared a draft notice of proposed rulemaking (NPR), in which the staff proposed that manufacturers be required to label portable generators with a CO-poisoning warning label. On August 15, 2006, the Commission voted unanimously (2–0) to approve the publication of a Federal Register notice issuing an NPR for portable-generator labeling requirements. This notice was published August 24, 2006. 71 FR 50003. B. The Product Portable generators offer a means of providing electrical power to a location that either temporarily lacks it or is not provided with electrical service at all. A portable generator has an internal combustion engine to produce rotational energy, which is used to generate electricity. The engine may be fueled by gasoline, diesel, natural gas, or liquid propane. It is the engine that produces carbon monoxide as a byproduct of combustion. Estimates of sales of portable generators for consumer use vary, but could be more than a million units annually. The most popular of these generators are gasoline-powered and are priced in the $500 to $800 range. The output of the majority of light duty generators sold to consumers in 2005 was in the 3.5 kW to 6.5 kW range. This is the size of most of the units involved in the fatal CO poisoning incidents CPSC staff investigated in which the rating of the involved generator was identified. C. Relevant Statutory Provisions Section 27(e) of the Consumer Product Safety Act (CPSA) authorizes PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 1443 the Commission, by rule, to ‘‘require any manufacturer of consumer products to provide the Commission with such performance and technical data related to performance and safety as may be required to carry out the purposes of this Act, and to give such notification of such performance and technical data at the time of original purchase to prospective purchasers and to the first purchaser of such product for purposes other than resale, as it determines necessary to carry out the purposes of this Act.’’ As provided in section 2(b)(1) of the Consumer Product Safety Act (15 U.S.C. 2051(b)(1)), one purpose of the CPSA is ‘‘to protect the public against unreasonable risks of injury associated with consumer products.’’ Failure to comply with a rule under section 27(e) is unlawful under section 19(a)(8) of the CPSA. 15 U.S.C. 2068(a)(8). Any person who knowingly violates this requirement is subject to a civil penalty of up to $8,000 per violation. 15 U.S.C. 2069; 64 FR 51963. D. Explanation of the Rule In 2002, CPSC staff assessed the effectiveness of current CO poisoning warnings found on the product and within the owner’s manuals of several models of portable generators found on store shelves. Staff found that the guidance provided for avoiding the hazard was typically twofold: (1) Do not use in a confined or enclosed space, and (2) provide proper ventilation. None of the evaluated warnings defined ‘‘confined or enclosed space’’ or ‘‘proper ventilation.’’ The Commission believes these instructions and warnings do not adequately advise users how to avoid the CO poisoning hazard. Furthermore, the incident data includes fatalities where it appears that the victims attempted to provide adequate ventilation, to open confined areas, or to do both by, for example, opening doors, opening windows, and running exhaust fans. Prior research has shown that tools with gasoline-powered engines produce CO that ‘‘can rapidly accumulate, even in areas that appear to be wellventilated, resulting in dangerous and fatal concentrations within minutes.’’ 2 Thus, evidence suggests that the methods consumers typically use to provide ventilation or to open confined areas are insufficient to prevent hazardous levels of CO buildup. Even locating a generator outdoors can be insufficient if the generator is near 2 Earnest, G.S., Carbon Monoxide Poisonings from Small, Gasoline-Powered, Internal Combustion Engines: Just What is a ‘‘Well-Ventilated Area’’?, American Industrial Hygiene Association Journal, November 1997. E:\FR\FM\12JAR1.SGM 12JAR1

Agencies

[Federal Register Volume 72, Number 8 (Friday, January 12, 2007)]
[Rules and Regulations]
[Pages 1442-1443]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-339]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 125 and 135

[Docket No. FAA-2004-18596; Amendment No. SFAR 106]
RIN 2120-AI30


Use of Certain Portable Oxygen Concentrator Devices Onboard 
Aircraft

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical amendment.

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

SUMMARY: The Federal Aviation Administration (FAA) is making minor 
technical changes to a final rule published in the Federal Register on 
July 12, 2005 (70 FR 40156). That final rule created Special Federal 
Aviation Regulation 106 (SFAR 106). In that final rule the FAA 
inadvertently failed to make conforming amendments to additionally 
apply the SFAR to parts 125 and 135 as proposed, and to include 
references in those parts to the existence of SFAR 106 published in 
part 121.

EFFECTIVE DATES: Effective on February 12, 2007.

FOR FURTHER INFORMATION CONTACT: David L. Catey, Air Transportation 
Division, AFS-200, Federal Aviation Administration, 800 Independence 
Avenue SW, Washington, DC 20591; telephone (202) 267-3732.

SUPPLEMENTARY INFORMATION: The Federal Aviation Administration (FAA) 
published SFAR 106, ``Use of Certain Portable Oxygen Concentrator 
Devices onboard Aircraft,'' in the Federal Register on July 12, 2005 
(70 FR 40156). We inadvertently failed to attach notes to parts 125 and 
135 of Title 14 of the Code of Federal Regulations (14 CFR) that would 
direct operators subject to those regulations to the body of SFAR 106. 
When the FAA published the notice of proposed rulemaking (NPRM) that 
offered the proposed SFAR to the public for comment, we clearly stated 
that the proposed regulation would apply to civil aircraft in parts 
121, 125, and 135. The NPRM was published in the Federal Register on 
July 14, 2004 (69 FR 42324), and in the heading we noted that the 
proposal applied to 14 CFR Parts 121, 125, and 135. The applicability 
for an SFAR to a specific part of 14 CFR is not specifically cited in 
the Applicability section of the regulatory language, but rather cited 
in the heading of the SFAR and the parts affected contain an editorial 
note referring readers to the text of the SFAR. When the final rule was 
published, we failed to include those notes to parts 125 and 135. This 
technical amendment will add the editorial notes to parts 125 and 135 
that direct the reader to the text of SFAR 106 and ensure that readers 
know the regulation applies to operations conducted under those parts. 
This amendment will not impose any additional restrictions on operators 
affected by these regulations.
    SFAR 106 permits passengers to carry on and use certain portable 
oxygen concentrator devices (POCs) onboard aircraft if the aircraft 
operator ensures that the conditions specified in the SFAR for their 
use are met. Aircraft operators can now offer medical oxygen service as 
they did before SFAR 106 was enacted, or they can arrange for 
passengers to carry on and use one of the devices covered in SFAR 106. 
SFAR 106 is an enabling rule, which means that no aircraft operator is 
required to allow passengers to operate these devices onboard, but they 
may allow them to be operated onboard. If one of these devices is 
allowed by the aircraft operator to be carried on board, the conditions 
in the SFAR must be met. SFAR 106 allows for the use of five specific 
POC devices the FAA has found to be acceptable.

Need for the Correction

    As stated above, this correction is needed to make clear that the 
conditions and regulations of SFAR 106 are also applicable to 
operations conducted under parts 125 and 135, as proposed in the NPRM 
and intended in the final rule.

Technical Amendment

    The technical amendment will correct the omission of the editorial 
notes that direct operators under parts 125 and 135 to SFAR 106 in part 
121.

List of Subjects

14 CFR Part 125

    Aircraft, Airmen, Aviation safety, Reporting and recordkeeping 
requirements

14 CFR Part 135

    Air taxis, Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

0
Accordingly, Title 14 of the Code of Federal Regulations (CFR) parts 
125 and 135 are amended as follows:

PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING 
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH 
AIRCRAFT.

0
1. The authority citation for part 125 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-
44711, 44713, 44716-44717, 44722.


0
2. Special Federal Aviation Regulation No. 106 is added to part 125 to 
read as follows:
SPECIAL FEDERAL AVIATION REGULATION NO. 106

    Editorial Note:
    For the text of SFAR No. 106, see part 121 of this chapter.

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS 
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

0
3. The authority citation for part 135 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44709, 
44711-44713, 44715-44717, 44722.


[[Page 1443]]



0
4. Special Federal Aviation Regulation No. 106 is added to part 135 to 
read as follows:
SPECIAL FEDERAL AVIATION REGULATION NO. 106

    Editorial Note:
    For the text of SFAR No. 106, see part 121 of this chapter.


    Issued in Washington, DC, on January 4, 2007.
Rebecca B. MacPherson,
Assistant Chief Counsel for Regulations.
 [FR Doc. E7-339 Filed 1-11-07; 8:45 am]
BILLING CODE 4910-13-P

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