[Federal Register Volume 72, Number 8 (Friday, January 12, 2007)]
[Rules and Regulations]
[Pages 1442-1443]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-339]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 125 and 135

[Docket No. FAA-2004-18596; Amendment No. SFAR 106]
RIN 2120-AI30


Use of Certain Portable Oxygen Concentrator Devices Onboard 
Aircraft

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: The Federal Aviation Administration (FAA) is making minor 
technical changes to a final rule published in the Federal Register on 
July 12, 2005 (70 FR 40156). That final rule created Special Federal 
Aviation Regulation 106 (SFAR 106). In that final rule the FAA 
inadvertently failed to make conforming amendments to additionally 
apply the SFAR to parts 125 and 135 as proposed, and to include 
references in those parts to the existence of SFAR 106 published in 
part 121.

EFFECTIVE DATES: Effective on February 12, 2007.

FOR FURTHER INFORMATION CONTACT: David L. Catey, Air Transportation 
Division, AFS-200, Federal Aviation Administration, 800 Independence 
Avenue SW, Washington, DC 20591; telephone (202) 267-3732.

SUPPLEMENTARY INFORMATION: The Federal Aviation Administration (FAA) 
published SFAR 106, ``Use of Certain Portable Oxygen Concentrator 
Devices onboard Aircraft,'' in the Federal Register on July 12, 2005 
(70 FR 40156). We inadvertently failed to attach notes to parts 125 and 
135 of Title 14 of the Code of Federal Regulations (14 CFR) that would 
direct operators subject to those regulations to the body of SFAR 106. 
When the FAA published the notice of proposed rulemaking (NPRM) that 
offered the proposed SFAR to the public for comment, we clearly stated 
that the proposed regulation would apply to civil aircraft in parts 
121, 125, and 135. The NPRM was published in the Federal Register on 
July 14, 2004 (69 FR 42324), and in the heading we noted that the 
proposal applied to 14 CFR Parts 121, 125, and 135. The applicability 
for an SFAR to a specific part of 14 CFR is not specifically cited in 
the Applicability section of the regulatory language, but rather cited 
in the heading of the SFAR and the parts affected contain an editorial 
note referring readers to the text of the SFAR. When the final rule was 
published, we failed to include those notes to parts 125 and 135. This 
technical amendment will add the editorial notes to parts 125 and 135 
that direct the reader to the text of SFAR 106 and ensure that readers 
know the regulation applies to operations conducted under those parts. 
This amendment will not impose any additional restrictions on operators 
affected by these regulations.
    SFAR 106 permits passengers to carry on and use certain portable 
oxygen concentrator devices (POCs) onboard aircraft if the aircraft 
operator ensures that the conditions specified in the SFAR for their 
use are met. Aircraft operators can now offer medical oxygen service as 
they did before SFAR 106 was enacted, or they can arrange for 
passengers to carry on and use one of the devices covered in SFAR 106. 
SFAR 106 is an enabling rule, which means that no aircraft operator is 
required to allow passengers to operate these devices onboard, but they 
may allow them to be operated onboard. If one of these devices is 
allowed by the aircraft operator to be carried on board, the conditions 
in the SFAR must be met. SFAR 106 allows for the use of five specific 
POC devices the FAA has found to be acceptable.

Need for the Correction

    As stated above, this correction is needed to make clear that the 
conditions and regulations of SFAR 106 are also applicable to 
operations conducted under parts 125 and 135, as proposed in the NPRM 
and intended in the final rule.

Technical Amendment

    The technical amendment will correct the omission of the editorial 
notes that direct operators under parts 125 and 135 to SFAR 106 in part 
121.

List of Subjects

14 CFR Part 125

    Aircraft, Airmen, Aviation safety, Reporting and recordkeeping 
requirements

14 CFR Part 135

    Air taxis, Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

0
Accordingly, Title 14 of the Code of Federal Regulations (CFR) parts 
125 and 135 are amended as follows:

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; AND RULES GOVERNING PERSONS ON BOARD SUCH 
AIRCRAFT.

0
1. The authority citation for part 125 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-
44711, 44713, 44716-44717, 44722.


0
2. Special Federal Aviation Regulation No. 106 is added to part 125 to 
read as follows:
SPECIAL FEDERAL AVIATION REGULATION NO. 106

    Editorial Note:
    For the text of SFAR No. 106, see part 121 of this chapter.

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS 
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

0
3. The authority citation for part 135 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44709, 
44711-44713, 44715-44717, 44722.


[[Page 1443]]



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4. Special Federal Aviation Regulation No. 106 is added to part 135 to 
read as follows:
SPECIAL FEDERAL AVIATION REGULATION NO. 106

    Editorial Note:
    For the text of SFAR No. 106, see part 121 of this chapter.


    Issued in Washington, DC, on January 4, 2007.
Rebecca B. MacPherson,
Assistant Chief Counsel for Regulations.
 [FR Doc. E7-339 Filed 1-11-07; 8:45 am]
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