Acceptance Criteria for Portable Oxygen Concentrators Used On Board Aircraft; Correction, 38572-38573 [2016-13955]

Download as PDF 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: U.S. code citation 12 12 12 15 15 12 12 12 12 15 15 U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. Civil penalty description 5565(c)(2)(A) ........................................................... 5565(c)(2)(B) ........................................................... 5565(c)(2)(C) .......................................................... 1717a(a)(2) ............................................................. 1717a(a)(2) ............................................................. 2609(d)(1) ............................................................... 2609(d)(1) ............................................................... 2609(d)(2)(A) .......................................................... 5113(d)(2) ............................................................... 1639e(k)(1) ............................................................. 1639e(k)(2) ............................................................. (b) The adjustments in paragraph (a) of this section shall apply to civil penalties assessed after July 14, 2016, regardless of when the violation for which the penalty is assessed occurred. Dated: June 7, 2016. Richard Cordray, Director, Bureau of Consumer Financial Protection. [FR Doc. 2016–14031 Filed 6–13–16; 8:45 am] BILLING CODE 4810–AM–P 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 Federal Aviation Administration (FAA) and the Office of the Secretary (OST), Department of Transportation (DOT). ACTION: Final rule; correction. AGENCY: 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 sradovich on DSK3TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 16:33 Jun 13, 2016 Jkt 238001 Tier 1 penalty .......................................................................... Tier 2 penalty .......................................................................... Tier 3 penalty .......................................................................... Per violation ............................................................................. Annual cap .............................................................................. Per failure ................................................................................ Annual cap .............................................................................. Per failure, where intentional .................................................. Per violation ............................................................................. First violation ........................................................................... Subsequent violations ............................................................. 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 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: PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 Adjusted maximum civil penalty amount $5,437 27,186 1,087,450 1,894 1,893,610 89 178,156 178 27,455 10,875 21,749 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.’’ E:\FR\FM\14JNR1.SGM 14JNR1 Federal Register / Vol. 81, No. 114 / Tuesday, June 14, 2016 / Rules and Regulations 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 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2016–6899; Directorate Identifier 2016–NM–066–AD; Amendment 39–18558; AD 2016–12–09] RIN 2120–AA64 Airworthiness Directives; Airbus Airplanes Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule; request for comments. AGENCY: We are superseding Airworthiness Directive (AD) 2016–09– 11 for certain Airbus Model A330–200, –200 Freighter, and –300 series airplanes; and Model A340–200 and –300 series airplanes. AD 2016–09–11 required removing fasteners, doing a rototest inspection of fastener holes, installing new fasteners, oversizing the holes and doing rototest inspections for cracks if necessary, and repairing any cracking that is found. This new AD requires the same actions as AD 2016– 09–11, but includes Model A330–300 series airplanes in paragraph (g)(2) of this AD. This AD was prompted by the discovery of missing affected airplanes in paragraph (g)(2) of AD 2016–09–11 that resulted from converting a table in the proposed AD to text in AD 2016–09– 11. We are issuing this AD to detect and correct cracking on certain holes of certain frames of the center wing box (CWB), which could affect the structural integrity of the airplane. sradovich on DSK3TPTVN1PROD with RULES SUMMARY: VerDate Sep<11>2014 This AD is effective June 29, 2016. The Director of the Federal Register approved the incorporation by reference of certain publications listed in this AD as of June 13, 2016 (81 FR 27986, May 9, 2016). We must receive comments on this AD by July 29, 2016. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to https://www.regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC 20590. • Hand Delivery: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. For service information identified in this final rule, contact Airbus SAS, Airworthiness Office—EAL, 1 Rond Point Maurice Bellonte, 31707 Blagnac Cedex, France; telephone: +33 5 61 93 36 96; fax: +33 5 61 93 45 80; email: airworthiness.A330-A340@airbus.com; Internet: https://www.airbus.com. You may view this referenced service information at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the availability of this material at the FAA, call 425–227–1221. It is also available on the Internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2016– 6899. DATES: 16:33 Jun 13, 2016 Jkt 238001 Examining the AD Docket You may examine the AD docket on the Internet at https:// www.regulations.gov by searching for and locating Docket No. FAA–2016– 6899; or in person at the Docket Management Facility between 9 a.m. and 5 p.m., proposed AD, the regulatory evaluation, any comments received, and other information. The street address for the Docket Operations office (telephone: 800–647–5527) is in the ADDRESSES section. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Vladimir Ulyanov, Aerospace Engineer, International Branch, ANM–116, Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, WA 98057–3356; telephone: 425–227–1138; fax: 425–227–1149. PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 38573 SUPPLEMENTARY INFORMATION: Discussion On April 21, 2016, we issued AD 2016–09–11, Amendment 39–18509 (81 FR 27986, May 9, 2016) (‘‘AD 2016–09– 11’’), for certain Airbus Model A330– 200, –200 Freighter, and –300 series airplanes; and Model A340–200 and –300 series airplanes. AD 2016–09–11 was prompted by reports that cracks were found on an adjacent hole of certain frames of the CWB. AD 2016– 09–11 required removing fasteners, doing a rototest inspection of fastener holes, installing new fasteners, oversizing the holes and doing rototest inspections for cracks if necessary, and repairing any cracking that was found. We issued AD 2016–09–11 to detect and correct cracking on certain holes of certain frames of the CWB that could affect the structural integrity of the airplane. Since we issued AD 2016–09–11, we discovered missing affected airplanes in paragraph (g)(2) of AD 2016–09–11 that resulted from converting a table to text in that AD. We stated in the preamble of AD 2016–09–11 that we revised the format of paragraph (g) of that AD, at the request of the Office of the Federal Register, by converting the table to text. We also stated this change to the format does not affect the requirements of that paragraph. However, in converting the table to text, we inadvertently omitted Model A330–300 series airplanes from paragraph (g)(2) of AD 2016–09–11. We have changed paragraph (g)(2) of this AD to include Model A330–300 series airplanes. The European Aviation Safety Agency (EASA), which is the Technical Agent for the Member States of the European Union, has issued EASA Airworthiness Directive 2014–0149, dated June 13, 2014 (referred to after this as the Mandatory Continuing Airworthiness Information, or ‘‘the MCAI’’), to correct an unsafe condition for certain Airbus Model A330–200, –200 Freighter, and –300 series airplanes; and Model A340– 200 and –300 series airplanes. The MCAI states: During accomplishment of A330 Airworthiness Limitation Item (ALI) task 57– 11–04 on the rear fitting of the Frame (FR) 40 between stringers 38 and 39 on both [lefthand] LH/[right-hand] RH sides, cracks were found on an adjacent hole. After reaming at second oversize of the subject hole, the crack was still present. Other crack findings on this adjacent hole have been reported on A330 and A340–200/ –300 aeroplanes as a result of sampling inspections. E:\FR\FM\14JNR1.SGM 14JNR1

Agencies

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


=======================================================================
-----------------------------------------------------------------------

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 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).
    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

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.