[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Rules and Regulations]
[Pages 26418-26419]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13404]
[[Page 26417]]
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Part VII
Department of Transportation
_______________________________________________________________________
Research and Special Programs Administration
_______________________________________________________________________
49 CFR Parts 171 and 173
Temporary Prohibition of Oxygen Generators as Cargo in Passenger
Aircraft; Interim Final Rule
Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / Rules
and Regulations
[[Page 26418]]
DEPARTMENT OF TRANSPORTATION
Research and Special Programs Administration
49 CFR Parts 171 and 173
[Docket No. HM-224, Amdt No. 171-146, 173-254]
RIN 2137-AC89
Temporary Prohibition of Oxygen Generators as Cargo in Passenger
Aircraft
AGENCY: Research and Special Programs Administration (RSPA), DOT.
ACTION: Interim final rule.
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SUMMARY: To protect life and property, RSPA is issuing an interim final
rule temporarily prohibiting the offering for transportation and
transportation of oxygen generators as cargo in passenger-carrying
aircraft. This rule applies to both foreign and domestic passenger-
carrying aircraft entering, leaving or operating in the United States
and to any person offering an oxygen generator for transportation on
any passenger-carrying aircraft.
DATES: Effective date: This interim final rule is effective May 24,
1996.
Comment date: Comments must be received by July 23, 1996.
ADDRESSES: Address comments to the Dockets Unit, Research and Special
Programs Administration, U.S. Department of Transportation, room 8421,
400 Seventh Street, SW, Washington, DC 20590-0001. Comments should
identify the docket number and be submitted in five copies. Persons
wishing to receive confirmation of receipt of their comments should
include a self-addressed, stamped postcard. The Dockets Unit is located
in the Department of Transportation headquarters building (NASSIF
Building) at the above address on the eighth floor. Public dockets may
be reviewed there between the hours of 8:30 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: William E. Vincent, Acting Director,
Office of Policy and Program Support, (202) 366-4831, Research and
Special Programs Administration, U.S. Department of Transportation, 400
Seventh Street SW, Washington DC 20590-0001.
SUPPLEMENTARY INFORMATION:
I. Background
Under a Secretarial delegation (49 CFR 1.53(b)), the Research and
Special Programs Administration (RSPA) is the administration within the
Department of Transportation (DOT) primarily responsible for issuing
regulations implementing the Federal hazardous material transportation
law (Federal hazmat law), 49 U.S.C. 5101-5127. Under this delegated
authority, RSPA has issued the Hazardous Materials Regulations (HMR),
49 CFR Parts 171-180.
Under delegations from the Secretary of Transportation (49 CFR Part
1), the authority for enforcement under the Federal hazmat law is
shared by RSPA and each of four modal administrations: the Federal
Highway Administration, the Federal Railroad Administration, the
Federal Aviation Administration (FAA), and the United States Coast
Guard. FAA has primary enforcement authority concerning transportation
and shipments of hazardous materials by air. 49 CFR 1.47(k).
The National Transportation Safety Board and the FAA are
investigating a recent accident involving a passenger-carrying
aircraft. Preliminary evidence indicates that oxygen generators
(chemical) were carried as cargo on board the aircraft and may have
caused, or contributed to the severity, of the accident. Oxygen
generators are safely installed inside thermal protective casings in
the cabins of many passenger-carrying aircraft to provide oxygen in
emergencies to passengers and certain crew members.
Some persons have offered, and some air carriers have transported,
uninstalled generators as cargo on passenger-carrying aircraft under
authority in the HMR, including Secs. 175.10(a)(2) and 171.11 (which
authorizes use of the International Civil Aviation Organization (ICAO)
Technical Instructions).
In order to preclude the possibility that an oxygen generator
carried as cargo may cause or contribute to a future incident in air
commerce, RSPA is issuing this interim final rule prohibiting until
January 1, 1997, with one exception, transportation in passenger-
carrying aircraft, and offering for transportation in passenger-
carrying aircraft, any oxygen generator as cargo. This regulation
applies to both foreign and domestic aircraft entering, leaving or
operating in the United States and to any person offering an oxygen
generator for transportation on any of those aircraft as cargo.
This regulation applies to oxygen generators (chemical) and not to
cylinders containing compressed oxygen. Unlike oxygen generators
(chemical), compressed oxygen cylinders do not involve heat-producing
mixing of chemicals to create oxygen. To clarify the applicability of
the prohibition in this rule, RSPA is adding a definition of ``oxygen
generator (chemical)'' to 49 CFR Sec. 171.8. That definition reads ``a
device containing chemicals that upon activation release oxygen as a
product of chemical reaction.''
Exceptions to the prohibition are provided for an oxygen generator
for medical use of a passenger that is carried in the passenger cabin
and meets the specific safety requirements of Sec. 175.10(a)(7) and for
a small oxygen generator for personal use that is transported as
checked baggage and meets the specific safety requirements of
Sec. 175.10(a)(24).
Because of the potential safety risk posed by continued
transportation of oxygen generators as cargo in passenger-carrying
aircraft, RSPA has determined that good cause exists for making this
rule effective less than 30 days from its issuance and that notice and
comment is impractical and contrary to public interest.
Based on currently available information, RSPA believes that at
least a temporary ban on offering and transportation of the generators
is justified on an emergency basis because of the potential for loss of
life and damage to property. Although an opportunity for public comment
on this rule has not been provided prior to issuance of this interim
final rule, RSPA seeks public comment. Based on comments received, NTSB
and FAA investigation, and RSPA and FAA joint inspection of contract
maintenance vendors, RSPA may make the ban permanent, terminate or
modify the ban, or otherwise amend the provisions of this rule. As an
interim final rule, however, this regulation is in effect and binding
upon publication in the Federal Register.
RSPA encourages interested persons to participate in this
rulemaking by submitting written views, data and information concerning
this interim final rule. Commenters should provide a reason or basis
for each comment. RSPA will consider all public comments and will make
changes to this rule if public comments indicate a change is necessary.
II. Rulemaking Analyses and Notices
Executive Order 12866 and DOT Regulatory Policies and Procedures
This final rule is considered a significant regulatory action under
section 3(f) of Executive Order 12866 and therefore is subject to
review by the Office of Management and Budget. The rule is significant
according to the Regulatory Policies and Procedures of
[[Page 26419]]
the Department of Transportation (44 FR 11034).
The changes adopted in this rule should not result in any
significant additional costs to persons subject to the HMR. About
150,000 of these oxygen generators are installed on about 1,000 U.S.
passenger-carrying aircraft. Because of their typical effective life of
about ten years, it is not necessary to frequently transport these
generators as uninstalled or not-in-use materials. In addition,
alternative transportation is available for these generators because
this rule does not prohibit or inhibit their transportation by highway,
rail, water or cargo aircraft. Because of the minimal economic impact
of this rule, a full regulatory evaluation is not warranted.
Executive Order 12612
This final rule has been analyzed in accordance with the principles
and criteria in Executive Order 12612 (``Federalism'') and does not
have sufficient Federalism impacts to warrant the preparation of a
federalism assessment.
Regulatory Flexibility Act
I certify that this final rule will not have a significant economic
impact on a substantial number of small entities. This rule imposes a
limited prohibition on certain persons subject to the HMR. However,
there are limited adverse economic impacts on small businesses or other
organizations.
Paperwork Reduction Act
There are no information collection requirements in this final
rule.
Regulation Identifier Number
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN number contained in the heading
of this document can be used to cross-reference this action with the
Unified Agenda.
List of Subjects
49 CFR Part 171
Exports, Hazardous materials transportation, Hazardous waste,
Imports, Reporting and recordkeeping requirements.
49 CFR Part 173
Hazardous materials transportation, Packaging and containers,
Radioactive materials, Reporting and recordkeeping requirements,
Uranium.
In consideration of the foregoing, 49 CFR Parts 171 and 173 are
amended as follows:
PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS
1. The authority citation for Part 171 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45, 1.53.
2. In Sec. 171.8, a definition for ``oxygen generator (chemical)''
is added in alphabetical order to read as follows:
Sec. 171.8 Definitions and abbreviations.
* * * * *
Oxygen generator (chemical) means a device containing chemicals
that upon activation release oxygen as a product of chemical reaction.
* * * * *
PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGINGS
3. The authority citation for Part 173 continues to read as
follows:
Authority: 49 U.S.C. 5101-5127, 44701; 49 CFR 1.45, 1.53.
4. In Sec. 173.21, paragraph (k) is added to read as follows:
Sec. 173.21 Forbidden materials and packages.
* * * * *
(k) Notwithstanding any other provision of this subchapter,
including Secs. 171.11 and 175.10(a)(2) of this subchapter, an oxygen
generator (chemical) as cargo on a passenger-carrying aircraft until
January 1, 1997. This prohibition does not apply to an oxygen generator
for medical or personal use of a passenger that meets the requirements
of Sec. 175.10(a)(7) or Sec. 175.10(a)(24) of this subchapter.
Issued in Washington, DC on May 23, 1996 under authority
delegated in 49 CFR part 1.
D.K. Sharma,
Administrator, Research and Special Programs Administration.
[FR Doc. 96-13404 Filed 5-23-96; 12:31 pm]
BILLING CODE 4910-60-P
