[Federal Register Volume 59, Number 8 (Wednesday, January 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-626]
[[Page Unknown]]
[Federal Register: January 12, 1994]
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Part II
Department of Transportation
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Federal Aviation Administration
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14 CFR Part 121, et al.
Removal of Burn Compound From First-Aid Kits; Final Rule
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 121, 125, 135
[Docket No. 25154; Amendment No. 121-236; 125-19; 135-47]
Removal of Burn Compound From First-Aid Kits
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comment.
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SUMMARY: This amendment revises the regulations concerning first aid
kits required on board air carrier, air taxi, and commercial aircraft
to remove the burn compound from the list of items required for the
kits. This amendment responds to a petition from Air Transport
Association, supported by the American Red Cross, that the burn
compound be removed from the kits since the use of ice or cold water is
the preferred treatment for minor burns. This amendment will relieve
affected operators from the expense of having to periodically replace
an item in the first aid kits that is not needed.
DATES: Effective date: January 12, 1994. Comments must be received on
or before March 14, 1994.
ADDRESSES: Send or deliver comments on the rule in duplicate to:
Federal Aviation Administration, Office of the Chief Counsel, Attn:
Rules Docket (AGC-204), room 916, 800 Independence Avenue, SW.,
Washington, DC 20591. Comments may be examined in the Rules Docket
weekdays, except Federal holidays, between 8:30 a.m. and 5 p.m.
FOR FURTHER INFORMATION CONTACT:
Gary Davis, Regulatory Branch, Air Transportation Division, Flight
Standards Service, Federal Aviation Administration, 800 Independence
Avenue, SW., Washington, DC 20591, telephone: (202) 267-8096.
SUPPLEMENTARY INFORMATION:
Background
On December 5, 1986, the Air Transport Association (ATA) submitted
a petition to delete burn compound (burn ointment) from the first-aid
kits required to be carried on each aircraft operated under part 121 of
the Federal Aviation Regulations. In the petition ATA noted that the
application of ice or cold water is the preferred treatment for minor
burns. As part of its supporting data, the petition included a request
from Western Airlines to delete burn ointment from their first aid
kits. Also included in the petition were copies of instructions from
flight manuals for several other airlines in which flight attendants
were advised to use ice compresses for the treatment of burns and not
to use the burn ointment unless it is requested by the passenger. In
addition, ATA stated that burn ointment normally has an expiration
date, which requires replacement, inspection, and record-keeping.
On January 21, 1987, ATA submitted a second letter to the docket
that transmitted an American Red Cross statement confirming their
position that burn ointment retains heat within the wound, causing the
wound to actually worsen in some cases. In addition, information
provided by the Red Cross indicated that burn ointment must be removed
before any other treatment can be applied.
ATA submitted additional information on April 9, 1987, in which it
cited the March 1987 ATA Cabin Safety Panel meeting where the subject
of first-aid for minor burns was discussed. At that meeting, each panel
member present stated that their flight attendants were trained to use
cold water or ice rather than burn ointment, unless burn ointment was
specifically requested by the passenger. Representatives of most of the
major airlines were included in this group, constituting over 80
percent of all the seat miles flown by the major airlines.
By letter dated July 6, 1987, ATA submitted a comment from the
School of Nursing at the University of Miami as an additional medical
opinion. That letter, from an associate professor, stated that
emergency care for burns should begin with stopping the burning process
by applying cool water to stop the pain and slow the process of heat
damage. This medical opinion also noted that application of ointments,
oils, etc., should be avoided.
The petition of ATA was published in the Federal Register on
February 20, 1987 (52 FR 5309). The comment period closed April 20,
1987. The only comments received on the petition are those cited above.
By letter dated July 6, 1993, ATA petitioned on behalf of its
member airlines and similarly situated operators for an exemption from
the requirement to carry burn ointment in first aid kits as required by
appendix A to part 121. A summary of that petition was published in the
Federal Register on August 11, 1993, and the comment period closed
August 31, 1993 (58FR42752). Two comments were received. The Air Line
Pilots Association supports the removal of the ointment from first aid
kits and notes that this removal would facilitate maintenance by
eliminating the need for purchasing, stocking, record keeping,
replacing, and disposing of the ointment. The Association of Flight
Attendants (AFA) agrees that the removal of the ointment from first aid
kits is an appropriate action; however, the AFA also suggests that the
FAA should require an equivalent amount of an antibiotic ointment in
its place. AFA adds that more recent information from the American Red
Cross suggests that cool water or wet cloths is the first step in
treatment, but that ice is not recommended except for minor burns.
The FAA's Analysis of the Petition
The FAA agrees with industry practice. Serious burns can be
properly treated only by professionals in a medical facility. Neither
burn ointment nor cold water is, by itself, an adequate response to a
major burn injury. The intent of the burn ointment requirement has
always been to provide relief from minor burns caused by cigarettes or
hot beverages.
In the limited situation of treating minor burns aboard an
aircraft, cold water is the preferred treatment. This treatment avoids
the heat retentive properties of burn ointment. Moreover, if the wound
requires further medical treatment, the use of ice or cold water
eliminates the need to scrape the wound to remove burn ointment.
Therefore, the FAA has determined that burn ointment should be
deleted from the list of items required for first aid kits in parts
121, 125, and 135. Ice or cold water is carried on aircraft operated
under part 121 and on aircraft with 20 or more passenger seats operated
under parts 125 and 135 to which aircraft the burn ointment requirement
applies. This will spare air carriers the unnecessary expense of having
to maintain an unneeded item.
Good Cause Justification
In consideration of the fact that burn ointment is not the
preferred treatment for minor burns, the requirement to carry burn
ointment aboard aircraft is inappropriate. Most types of burn ointment
have expiration dates, thus new ointment must be purchased, kits must
be opened, the ointment replaced, kit resealed and re-installed, and a
record of the action must be made. The cost of this process, with labor
being far more expensive than the ointment itself, represents a
significant nuisance burden for air carriers and commercial operators.
ATA carriers are required to maintain over 10,000 kits. This is an
unnecessary cost to the industry for which the consumer derives no
benefit. It is clearly in the public interest to delete the
requirement.
Since this is a minor amendment in which there is not expected to
be any public comment or disagreement from the medical community, the
FAA finds that public notice and comment on this amendment is
unnecessary. Moreover, because this amendment relieves a requirement,
it should be made effective upon publication in the Federal Register.
Interested persons, however, are invited to submit such comments as
they may desire regarding this amendment. Correspondence should
identify the docket number and be submitted in duplicate to the address
provided above. All communications received on or before the close of
the comment period will be considered by the Administrator, and this
amendment may be changed in light of comments received. All comments
will be available for public review, both before and after the closing
date for comments, in the rules docket.
Trade Impact Statement
The FAA finds that this amendment will have no impact on
international trade.
Economic Assessment
Because the amendment imposes no cost to operators, the only impact
of this amendment is expected to be that carriers will experience some
cost savings. Accordingly, the FAA has determined that the impact of
this amendment is so minimal that a full regulatory evaluation is not
warranted.
Federalism Implications
The regulation adopted herein would not have substantial direct
effects on the states, on the relationship between the states, or on
the distribution of power and responsibilities among the various levels
of government. Therefore, in accordance with Executive Order 12612, it
is determined that this regulation would not have sufficient federalism
implications to warrant the preparation of the Federalism Assessment.
Paperwork Reduction
This final rule is expected to produce a minor reduction in the
record keeping requirements under parts 121, 125, and 135. The
paperwork estimation for those parts will be revised accordingly.
Conclusion
To the extent that this amendment will have an economic effect on
the airlines and the general public, it will only be a minor, positive
one. Therefore, the FAA has determined that this amendment involves a
regulation that is not a significant regulatory action under Executive
Order 12866 or significant under the Department of Transportation
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979).
Since no small entities would be affected by the rule, the FAA has
determined, and it is certified that under the criteria of the
Regulatory Flexibility Act, the rule will not have a significant
economic impact, positive or negative, on a substantial number of small
entities. The economic impact is so minimal that it does not warrant a
full regulatory evaluation.
List of Subjects in 14 CFR Parts 121, 125, 135
Air safety, Air transportation, Aviation safety, Safety,
Transportation, Cabin safety, First-aid kits.
The Amendment
Accordingly, parts 121, 125, and 135 of the Federal Aviation
Regulations (14 CFR part 121) are amended as follows:
PART 121--CERTIFICATION AND OPERATIONS: DOMESTIC, FLAG, AND
SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE
AIRCRAFT
1. The authority citation for part 121 continues to read as
follows:
Authority: 49 U.S.C. App. 1354(a), 1355, 1356, 1357, 1401, 1421-
1430, 1472, 1485, and 1502; 49 U.S.C. 106(g) (revised, Pub. L. 97-
449, January 12, 1983).
2. In Appendix A to part 121, paragraph (5) is amended by removing
the item ``Burn compound, \1/8\ ounce or an equivalent of other burn
remedy, quantity 6'' and by moving the remaining six items in the list
to the end of the list in paragraph (4).
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
3. The authority citation for part 125 continues to read as
follows:
Authority: 49 U.S.C. App. 1354(a), 1421 through 1430, and 1502;
49 U.S.C. 106(g) (Revised Pub. L. 97-449, January 12, 1983.)
Sec. 125.207 [Amended]
4. Section 125.207(a)(1)(iii) is amended by removing the item: Burn
compound, \1/8\ oz or an equivalent of other burn remedy, quantity 6.
PART 135--AIR TAXI OPERATORS AND COMMERCIAL OPERATORS
5. The authority citation for part 135 continues to read as
follows:
Authority: 49 U.S.C. App. 1354(a), 1355(a), 1421 through 1431,
and 49 U.S.C. 106(g) (Revised Pub. L. 97-449, January 12, 1983).
Sec. 135.177 [Amended]
6. Section 135.177(a)(1)(iii) is amended by removing the item: Burn
compound, \1/8\ oz or an equivalent of other burn remedy, quantity 6.
Issued in Washington, DC on January 5, 1994.
David R. Hinson,
Administrator.
[FR Doc. 94-626 Filed 1-11-94; 8:45 am]
BILLING CODE 4910-13-M
