[Federal Register Volume 59, Number 231 (Friday, December 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29822]
[[Page Unknown]]
[Federal Register: December 2, 1994]
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Part XI
Department of Transportation
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Federal Aviation Administration
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14 CFR Part 121
Protective Glove Requirement; Final Rule
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 121
[Docket No. 27926; Amendment No. 121-243]
RIN 2120-AF37
Protective Glove Requirement
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comment.
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SUMMARY: This action amends the final rule requiring that disposable
latex gloves, or equivalent nonpermeable gloves, be located onboard
aircraft operated in air carrier, air taxi, and commercial operations.
This amendment responds to a petition for exemption filed by the Air
Transport Association for an extension of the compliance date of
December 2, 1994. With this amendment, the FAA will permit, for the
next 18 months, that the protective gloves required for the emergency
medical kit may be placed in a location that is readily accessible to
crewmembers. With this action, the FAA will avoid a possible disruption
in service to the traveling public because of the unavailability of
sufficient numbers of modified medical kits.
DATES: Effective date December 2, 1994. Comments must be received on or
before January 3, 1995.
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 5:00 p.m.
FOR FURTHER INFORMATION CONTACT: Daniel V. Meier, Jr., Regulatory
Branch (AFS-240), Air Transportation Division, Flight Standards
Service, Federal Aviation Administration, 800 Independence Avenue, SW.,
Washington, DC 20591, telephone: (202) 267-3749.
SUPPLEMENTARY INFORMATION:
Background
By Federal Register publication of October 18, 1994, the FAA issued
a final rule with comment that required disposable latex gloves, or
equivalent nonpermeable gloves, to be located onboard aircraft operated
in air carrier, air taxi, and commercial operations. This amendment
responded to concerns of the FAA and some members of the aviation
industry that a potential health risk exists to crewmembers and
passengers from the possibility of incidental exposure to blood borne
pathogens. The FAA stated that the amendment would lessen the
possibility of that exposure and therefore increase the level of safety
for both passengers and crewmembers. The FAA also found that notice and
public comment for the rulemaking was impracticable and contrary to the
public interest. The FAA stated that ``Because this rule will lessen a
potential health risk to passengers and crewmembers, those persons
should not be further subjected to that potential risk by a delay in
issuing a final rule.''
By letter dated November 14, 1994, the Air Transport Association
(ATA) requests an extension of 18 months beyond the December 2, 1994,
compliance date. ATA states that the 45-day compliance requirement of
the final rule puts the air carrier industry in an impossible position
in that the emergency medical kits (EMK) are prepared and serviced by a
very few vendors. Airlines have been notified by these few vendors that
the 45-day modification schedule adopted by the FAA will be impossible
to meet, forcing the possible cancellation of flights due to the
unavailability of modified EMK. ATA proposes in its petition that, for
the next 18 months, carriers be allowed to provide a sufficient
quantity of protective gloves distributed throughout the cabin of each
aircraft in accessible locations. ATA notes that in many cases, it will
be possible to affix the gloves to the EMK. Further, ATA states that an
equivalent level of safety will be provided by maintaining the required
numbers of pairs of gloves on the aircraft in accessible locations. ATA
posits that good cause exists for waiver of publication because of the
pressing deadline and because the final rule was not published for
notice and public comment.
The FAA finds that the ATA presents a logical argument in that
flights should not be delayed for modification of the EMK and that an
equivalent level of safety will be provided by locating the pair of
protective gloves required for the EMK in a location on the aircraft
that is accessible to crewmembers.
Good Cause for Immediate Adoption
The FAA finds that notice and public comment for this rulemaking is
impracticable and contrary to the public interest. This amendment
contains a minor adjustment to the rule based on the fact that
sufficient numbers of modified EMK will not be available by the
compliance date of December 2, 1994. In addition, the FAA finds that
there will be no adverse affect on safety since the required number of
protective gloves will be made available on each aircraft.
Comments on the amendment are invited, however, and the
Administrator may amend or rescind the amendment in view of public
comment. Comments should identify Docket No. 27926 and be submitted in
triplicate to the address provided above. All comments will be
available for public review, both before and after the closing date for
comments.
Conclusion
For the reasons discussed in the preamble of Amendment No. 121-242,
issued September 26, 1994, and based on the findings in that Regulatory
Flexibility Determination and that International Trade Impact Analysis,
the FAA has determined that this regulation is not a significant
regulatory action under Executive Order 12866. In addition, it is
certified that this regulation will not have a significant economic
impact, positive or negative, on a substantial number of small entities
under the criteria of the Regulatory Flexibility Act. This regulation
is not considered significant under DOT Regulatory Policies and
Procedures (44 FR 11034; February 26, 1979).
List of Subjects in 14 CFR Part 121
Air safety, air transportation, aviation safety, safety,
transportation, cabin safety, medical kits, first-aid kits.
The Amendment
Accordingly, 14 CFR Part 121 is 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, 1993).
2. Appendix A of part 121, Emergency Medical Kits, is amended by
revising paragraph (3) and by adding a new paragraph (4) to read as
follows:
Appendix A to Part 121--First-Aid Kits and Emergency Medical Kits
* * * * *
Emergency Medical Kits
* * * * *
(3) Except as provided in paragraph (4) of this appendix, the
approved emergency medical kit must contain, as a minimum, the
following appropriately maintained contents in the specified
quantities:
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Contents Quantity
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Sphygmomanometer............................................. 1
Stethoscope.................................................. 1
Airways, oropharyngeal (3 sizes)............................. 3
Syringes (sizes necessary to administer required drugs)...... 4
Needles (sizes necessary to administer required drugs)....... 6
50% Dextrose injection, 50cc................................. 1
Epinephrine 1:1000, single dose ampule or equivalent......... 2
Diphenhydramine HCI injection, single dose ampule or
equivalent.................................................. 2
Nitroglycerin tablets........................................ 10
Basic instructions for use of the drugs in the kit........... 1
Protective latex gloves or equivalent........................ \1\1
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\1\Pair.
(4) Until June 3, 1996, required protective latex gloves or
equivalent nonpermeable gloves may be placed in the emergency
medical kit or in a location that is readily accessible to
crewmembers.
Issued in Washington, DC on November 29, 1994.
David R. Hinson,
Administrator.
[FR Doc. 94-29822 Filed 11-30-94; 3:23 pm]
BILLING CODE 4910-13-M
