96-13414. Emergency Notice of Enforcement Policy

[Federal Register Volume 61, Number 102 (Friday, May 24, 1996)]
[Notices]
[Page 26422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13414]




[[Page 26421]]


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Part VIII





Department of Transportation





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Federal Aviation Administration



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Enforcement Policy; Emergency Notice

Federal Register / Vol. 61, No. 102 / Friday, May 24, 1996 / 
Notices

[[Page 26422]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Emergency Notice of Enforcement Policy

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Emergency notice of enforcement policy.

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SUMMARY: This emergency notice of enforcement policy is necessary to 
address safety concerns regarding air transportation of oxygen 
generators arising from investigation of a recent accident involving a 
passenger-carrying aircraft.

EFFECTIVE DATE: May 23, 1996.

FOR FURTHER INFORMATION CONTACT:
Peter J. Lynch, Assistant Chief Counsel for Enforcement, Enforcement 
Division, Office of the Chief Counsel, 800 Independence Avenue, SW., 
Washington, DC 20591; telephone: [phone]
    The text of the FAA emergency notice of enforcement policy follows: 
The National Transportation Safety Board and the FAA are investigating 
a recent accident involving a passenger aircraft. Preliminary evidence 
indicates that oxygen generators (containing a chemical or chemicals 
intended to release oxygen upon activation) were carried as cargo on 
board the aircraft and may have caused or contributed to the severity 
of the accident.
    The Research and Special Programs Administration has amended the 
Department of Transportation (DOT) Hazardous Materials Regulations, to 
prohibit the offering for transportation or transportation of oxygen 
generators as cargo in passenger-carrying aircraft. The rule 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.
    The FAA enforces the DOT Hazardous Materials Regulations as they 
apply to the shipment of transportation of such materials by air. Any 
person who violates these regulations is subject to a civil penalty of 
up to $25,000 for each violation. In determining the amount of the 
civil penalty, the FAA considers, among other things, the nature, 
circumstances, extent, and gravity of the violation. The FAA considers 
the offering or transporting of such oxygen generators in violation of 
the regulations to be an extremely serious offense.
    TAKE NOTICE that, effective immediately, any person who, in 
violation of the DOT Hazardous Materials Regulations, offers for 
transportation or transports oxygen generators as cargo aboard a 
passenger-carrying aircraft will be subject to swift enforcement 
action, including, but not limited to significant civil penalties and 
appropriate judicial remedies.
    Further, any person who willfully violates a DOT Hazardous 
Materials Regulations is subject to criminal penalties of up to 5 years 
in prison and/or fines.

    Issued in Washington, DC, on May 23, 1996.
David R. Hinson,
Administrator.
[FR Doc. 96-13414 Filed 5-23-96; 1:31 pm]
BILLING CODE 4910-13-M