
[Federal Register Volume 81, Number 128 (Tuesday, July 5, 2016)]
[Rules and Regulations]
[Page 43463]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-15770]



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 Rules and Regulations
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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


