1442 Federal Register / Vol. 72, No. 8 / Friday, January 12, 2007 / Rules and Regulations 

The Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends Chapter I of Title 14, Code of 

Federal Regulations as follows: 

PART 121—OPERATING 

REQUIREMENTS: DOMESTIC, FLAG, 

AND SUPPLEMENTAL OPERATIONS 

■ 1. The authority citation for part 121 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 40119, 

44101, 44701–44702, 44705, 44709–44711, 

44713, 44716–44717, 44722, 44901, 44903–

44904, 44912, 46105. 

■ 2. Amend § 121.312 by revising 

paragraph (e)(3) to read as follows: 

§ 121.312 Materials for compartment 

interiors. 

* * * * * 

(e) * * * 

(3) For airplanes with a passenger 

capacity of 20 or greater, manufactured 

after September 2, 2009, thermal/ 

acoustic insulation materials installed 

in the lower half of the fuselage must 

meet the flame penetration resistance 

requirements of § 25.856 of this chapter, 

effective September 2, 2003. 

Issued in Washington, DC, on January 4, 

2007. 

Marion C. Blakey, 

Administrator. 

[FR Doc. E7–338 Filed 1–11–07; 8:45 am] 

BILLING CODE 4910–13–P 

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. 

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. 

■ 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. 

■ 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. 

■ 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 

■ 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. 


rmajette on PROD1PC67 with RULES
Federal Register / Vol. 72, No. 8 / Friday, January 12, 2007 / Rules and Regulations 1443 

1Acting Chairman Nancy A. Nord and 

Commissioner Thomas H. Moore each filed a 

statement. The statements are available from the 

Office of the Secretary or on the Commission’s Web 

site at http://www.cpsc.gov. 

2Earnest, G.S., Carbon Monoxide Poisonings from 

Small, Gasoline-Powered, Internal Combustion 

Engines: Just What is a ‘‘Well-Ventilated Area’’?, 

American Industrial Hygiene Association Journal, 

November 1997. 

■ 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] 

BILLING CODE 4910–13–P 

CONSUMER PRODUCT SAFETY 

COMMISSION 

16 CFR Part 1407 

Portable Generators; Final Rule; 

Labeling Requirements 

AGENCY: Consumer Product Safety 

Commission. 

ACTION: Final rule. 

SUMMARY: The Consumer Product Safety 

Commission (Commission or CPSC) is 

issuing a final rule requiring 

manufacturers to label portable 

generators with performance and 

technical data related to performance 

and safety. The required warning label 

informs purchasers that: ‘‘Using a 

generator indoors CAN KILL YOU IN 

MINUTES;’’ ‘‘Generator exhaust 

contains carbon monoxide. This is a 

poison you cannot see or smell;’’

‘‘NEVER use inside a home or garage, 

EVEN IF doors and windows are open;’’

‘‘Only use OUTSIDE and far away from 

windows, doors, and vents.’’ The 

warning label also includes pictograms. 

The Commission believes that providing 

this safety information will help reduce 

unreasonable risks of injury associated 

with portable generators.1

DATES: This regulation becomes 

effective May 14, 2007 and applies to 

any portable generator manufactured or 

imported on or after that date. 

FOR FURTHER INFORMATION CONTACT: 

Timothy P. Smith, Project Manager, 

Division of Human Factors, Directorate 

for Engineering Sciences, Consumer 

Product Safety Commission, 4330 EastWest Highway, Bethesda, Maryland; 

telephone (301) 504–7691; or e-mail: 

tsmith@cpsc.gov. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The total yearly estimated non-fire 

related carbon monoxide (CO) deaths for 

each of the years 1999 through 2002 are 

109, 138, 130 and 188, respectively. 

Since 1999, the percentage of estimated 

CO poisoning deaths specifically 

associated with generators has been 

increasing annually. In 1999, generators 

were associated with 7 (6%) of the total 

yearly estimated CO poisoning deaths 

for that year. In 2000, 2001 and 2002, 

they were associated with 19 (14%), 22 

(17%) and 46 (24%) deaths out of the 

total estimates for each of those years. 

On October 12, 2005, the staff was 

directed to undertake a thorough review 

of the status of portable generator safety. 

As part of this review, the staff was 

requested to assess the sufficiency of 

warning labels to address the CO 

poisoning hazard posed by portable 

generators that are used within or near 

residences. In response to this request, 

CPSC staff prepared a draft notice of 

proposed rulemaking (NPR), in which 

the staff proposed that manufacturers be 

required to label portable generators 

with a CO-poisoning warning label. On 

August 15, 2006, the Commission voted 

unanimously (2–0) to approve the 

publication of a Federal Register notice 

issuing an NPR for portable-generator 

labeling requirements. This notice was 

published August 24, 2006. 71 FR 

50003. 

B. The Product 

Portable generators offer a means of 

providing electrical power to a location 

that either temporarily lacks it or is not 

provided with electrical service at all. A 

portable generator has an internal 

combustion engine to produce rotational 

energy, which is used to generate 

electricity. The engine may be fueled by 

gasoline, diesel, natural gas, or liquid 

propane. It is the engine that produces 

carbon monoxide as a byproduct of 

combustion. 

Estimates of sales of portable 

generators for consumer use vary, but 

could be more than a million units 

annually. The most popular of these 

generators are gasoline-powered and are 

priced in the $500 to $800 range. The 

output of the majority of light duty 

generators sold to consumers in 2005 

was in the 3.5 kW to 6.5 kW range. This 

is the size of most of the units involved 

in the fatal CO poisoning incidents 

CPSC staff investigated in which the 

rating of the involved generator was 

identified. 

C. Relevant Statutory Provisions 

Section 27(e) of the Consumer 

Product Safety Act (CPSA) authorizes 

the Commission, by rule, to ‘‘require 

any manufacturer of consumer products 

to provide the Commission with such 

performance and technical data related 

to performance and safety as may be 

required to carry out the purposes of 

this Act, and to give such notification of 

such performance and technical data at 

the time of original purchase to 

prospective purchasers and to the first 

purchaser of such product for purposes 

other than resale, as it determines 

necessary to carry out the purposes of 

this Act.’’ As provided in section 2(b)(1) 

of the Consumer Product Safety Act (15 

U.S.C. 2051(b)(1)), one purpose of the 

CPSA is ‘‘to protect the public against 

unreasonable risks of injury associated 

with consumer products.’’

Failure to comply with a rule under 

section 27(e) is unlawful under section 

19(a)(8) of the CPSA. 15 U.S.C. 

2068(a)(8). Any person who knowingly 

violates this requirement is subject to a 

civil penalty of up to $8,000 per 

violation. 15 U.S.C. 2069; 64 FR 51963. 

D. Explanation of the Rule 

In 2002, CPSC staff assessed the 

effectiveness of current CO poisoning 

warnings found on the product and 

within the owner’s manuals of several 

models of portable generators found on 

store shelves. Staff found that the 

guidance provided for avoiding the 

hazard was typically twofold: (1) Do not 

use in a confined or enclosed space, and 

(2) provide proper ventilation. None of 

the evaluated warnings defined 

‘‘confined or enclosed space’’ or ‘‘proper 

ventilation.’’

The Commission believes these 

instructions and warnings do not 

adequately advise users how to avoid 

the CO poisoning hazard. Furthermore, 

the incident data includes fatalities 

where it appears that the victims 

attempted to provide adequate 

ventilation, to open confined areas, or to 

do both by, for example, opening doors, 

opening windows, and running exhaust 

fans. Prior research has shown that tools 

with gasoline-powered engines produce 

CO that ‘‘can rapidly accumulate, even 

in areas that appear to be wellventilated, resulting in dangerous and 

fatal concentrations within minutes.’’ 2

Thus, evidence suggests that the 

methods consumers typically use to 

provide ventilation or to open confined 

areas are insufficient to prevent 

hazardous levels of CO buildup. Even 

locating a generator outdoors can be 

insufficient if the generator is near 


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