6078 Federal Register / Vol. 79, No. 22 / Monday, February 3, 2014 / Rules and Regulations 

respectively, of FAA Order 7400.9X 

dated August 7, 2013, and effective 

September 15, 2013, which is 

incorporated by reference in 14 CFR 

71.1. The Class D airspace and Class E 

airspace designations listed in this 

document will be published 

subsequently in that Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

establishing Class E airspace extending 

upward from 700 feet above the surface 

within a 13.1-mile radius of Salinas 

Municipal Airport, Salinas, CA. 

Additionally, the 10-mile southeast 

segment of Class E airspace designated 

as an extension to Class D surface area 

is modified from the 4.3-mile radius of 

the airport to 8 miles southeast of the 

airport. This modification eliminates the 

need for Class E airspace designated as 

surface airspace and is, therefore, 

removed. The geographic coordinates of 

the airport are updated in the respective 

Class D airspace and Class E airspace 

areas to coincide with the FAA’s 

aeronautical database. This action is 

necessary for the safety and 

management of IFR operations. 

The FAA has determined this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation: (1) Is 

not a ‘‘significant regulatory action’’ 

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

regulatory evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that only affects air traffic 

procedures and air navigation, it is 

certified this rule, when promulgated, 

does not have a significant economic 

impact on a substantial number of small 

entities under the criteria of the 

Regulatory Flexibility Act. The FAA’s 

authority to issue rules regarding 

aviation safety is found in Title 49 of the 

U.S. Code. Subtitle 1, Section 106 

discusses the authority of the FAA 

Administrator. Subtitle VII, Aviation 

Programs, describes in more detail the 

scope of the agency’s authority. This 

rulemaking is promulgated under the 

authority described in Subtitle VII, Part 

A, Subpart I, Section 40103. Under that 

section, the FAA is charged with 

prescribing regulations to assign the use 

of airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it amends 

controlled airspace at Salinas Municipal 

Airport, Salinas, CA. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 311a. This airspace action is 

not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist, 

that warrant preparation of an 

environmental assessment. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (air). 

Adoption of the Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

Part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR Part 71.1 of the Federal Aviation 

Administration Order 7400.9X, Airspace 

Designations and Reporting Points, 

dated August 7, 2013, and effective 

September 15, 2013 is amended as 

follows: 

Paragraph 5000 Class D airspace. 

* * * * * 

AWP CA D Salinas, CA [Modified] 

Salinas Municipal Airport, CA 

(Lat. 36°39′46′′ N., long. 121°36′23′′ W.) 

Airspace extending upward from the 

surface to, but not including 2,500 feet mean 

sea level within a 4.3-mile radius of the 

Salinas Municipal Airport. This Class D 

airspace area is effective during the specific 

dates and times established in advance by a 

Notice to Airmen. The effective date and time 

will thereafter be continuously published in 

the Airport/Facility Directory. 

Paragraph 6002 Class E airspace designated 

as surface areas. 

* * * * * 

AWP CA E2 Salinas, CA [Removed] 

Paragraph 6004 Class E airspace areas 

designated as an extension to Class D surface 

area. 

* * * * * 

AWP CA E4 Salinas, CA [Modified] 

Salinas Municipal Airport, CA 

(Lat. 36°39′46′′ N., long. 121°36′23′′ W.) 

That airspace extending upward from the 

surface within 1.8 miles each side of the 150° 

bearing of the Salinas Municipal Airport 

extending from the 4.3-mile radius to 8 miles 

southeast of the airport. This Class E airspace 

area is effective during the dates and times 

established in advance by a Notice to 

Airmen. The effective date and time will 

thereafter be continuously published in the 

Airport/Facility Directory. 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface of the earth. 

* * * * * 

AWP CA E5 Salinas, CA [New] 

Salinas Municipal Airport, CA 

(Lat. 36°39′46′′ N., long. 121°36′23′′ W.) 

Airspace extending upward from 700 feet 

above the surface within a 13.1-mile radius 

of the Salinas Municipal Airport. 

Issued in Seattle, Washington, on January 

17, 2014. 

Clark Desing, 

Manager, Operations Support Group, Western 

Service Center. 

[FR Doc. 2014–02044 Filed 1–31–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 121 

[Docket No.: FAA–2013–1013; Amdt. No. 

121–367] 

RIN 2120–AK–35 

Use of Additional Portable Oxygen 

Concentrators on Board Aircraft 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Immediately adopted final rule. 

SUMMARY: This action amends the FAA’s 

rules for permitting use of portable 

oxygen concentrator (POC) devices on 

board aircraft, provided certain 

conditions in the SFAR are met. This 

action is necessary to allow all POC 

devices deemed acceptable by the FAA 

for use in air commerce to be available 

to the traveling public in need of oxygen 

therapy. Passengers will be able to carry 

these devices on board the aircraft and 

use them with the approval of the 

aircraft operator. 

DATES: Effective February 18, 2014. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact DK Deaderick, Air 

Transportation Division, AFS–200, 

Flight Standards Service, Federal 

Aviation Administration, 800 


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Independence Avenue SW., 

Washington, DC 20591; telephone 202– 

267–8166; email DK.Deaderick@faa.gov. 

For legal questions concerning this 

action, contact Robert H. Frenzel, 

Manager, Operations Law Branch, Office 

of the Chief Counsel, Regulations 

Division (AGC–220), Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone 202–267–3073; email 

Robert.Frenzel@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Good Cause for Immediate Adoption 

Section 553 of the Administrative 

Procedure Act, 5 U.S.C. 553(b)(3)(B), 

provides that, when an agency for good 

cause finds that notice and public 

procedure are impracticable, 

unnecessary, or contrary to the public 

interest, the agency may issue a rule 

without providing notice and an 

opportunity for public comment. We 

have determined that there is good 

cause for making the rule final without 

prior proposal and opportunity for 

comment because the issues related to 

the use of POC devices on board aircraft 

have already been discussed as part of 

an earlier rulemaking. More specifically, 

on July 14, 2004, the FAA issued a 

notice of proposed rulemaking (NPRM) 

on the use of POC devices on board 

aircraft (69 FR 42324). Then, on July 12, 

2005, after reviewing public comments 

received, the FAA published Special 

Federal Aviation Regulation 106 (SFAR 

106) entitled, ‘‘Use of Certain Portable 

Oxygen Concentrator Devices on Board 

Aircraft’’ (70 FR 40156). Therefore, the 

FAA has determined that notice and 

public comment are unnecessary. 

Moreover, pursuant to 5 U.S.C. 

553(d)(3), we find that good cause exists 

for making this rule effective in less 

than 30 days. This rule is being made 

effective 15 calendar days after its 

publication in the Federal Register to 

prevent unnecessary delay of additional 

POC devices for use on board aircraft by 

airlines while still providing airlines 

adequate notice and time to ensure the 

devices can be used safely on board 

aircraft. We believe, based on 

information the Department has 

received from airlines, that fifteen 

calendar days is sufficient amount of 

time for an airline to ensure that an 

FAA-approved POC device does not 

cause interference with avionics 

systems on that carrier’s aircraft and 

convey this information to the 

appropriate airline personnel in order to 

accept these devices on board aircraft 

for use by passengers who need medical 

oxygen therapy for air travel. As such, 

the FAA believes that good cause exists 

for making this rule effective 15 

calendar days after its publication in the 

Federal Register. 

Authority for This Rulemaking 

The FAA’s authority to issue rules on 

aviation safety is found in Title 49 of the 

United States Code (U.S.C.). This 

rulemaking is promulgated under the 

authority described in 49 U.S.C. 106(f), 

which vests final authority in the 

Administrator for carrying out all 

functions, powers, and duties of the 

administration relating to the 

promulgation of regulations and rules, 

and section 44701(a)(5), which requires 

the Administrator to promulgate 

regulations and minimum standards for 

other practices, methods, and 

procedures necessary for safety in air 

commerce and national security. 

I. Overview of the Immediately 

Adopted Final Rule 

This action amends SFAR 106 and 

permits the use of additional POC 

devices on board aircraft. Specifically, 

the FAA is adding the use of SeQual 

Technologies’s eQuinox (model 4000) 

and Oxywell (Model 4000), and VBOX 

Inc.’s Trooper on the list of POC devices 

authorized for use in air commerce. The 

FAA has reviewed these devices and 

accepted the documentation provided 

by the manufacturer. After reviewing 

the applicable Food and Drug 

Administration (FDA) safety standards 

and the Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA) findings, the devices were 

determined by the FAA to be acceptable 

for use in air commerce. 

II. Background 

A. Statement of the Problem 

When SFAR 106 was published, the 

FAA committed to establishing a single 

performance standard for all POCs so 

the regulations would not apply to 

specific manufacturers and models of 

device. Whenever possible, the FAA 

tries to regulate by creating 

performance-based standards. In the 

case of SFAR 106, the most efficient 

way to serve both the passenger and the 

aircraft operator was to allow the use of 

the devices determined to be acceptable 

by the FAA in SFAR 106 in a special 

temporary regulation. 

As the FAA stated in the preamble 

discussion of the final rule that 

established SFAR 106, ‘‘while we are 

committed to developing a performancebased standard for all future POCs, we 

do not want to prematurely develop 

standards that have the effect of stifling 

new technology of which we are 

unaware.’’ The FAA developed and 

published SFAR 106 so passengers who 

otherwise could not fly could do so with 

an affordable alternative to what existed 

before SFAR 106 was published. 

The FAA continues to pursue the 

performance-based standard for all POC 

devices. This process is timeconsuming, and the FAA intends to 

publish a notice in the Federal Register 

and offer the public a chance to 

comment on the proposal when it is 

complete. In the meantime, 

manufacturers continue to create new 

and innovative POC devices, and 

manufacturers have requested that their 

products also be included as acceptable 

POC devices in SFAR 106. SeQual 

Technologies, Inc. and VBOX, Inc. have 

submitted requests for approval and 

addition to SFAR 106, with all required 

documentation for their POC devices, to 

the FAA. 

B. Related Actions 

On July 12, 2005, the FAA published 

SFAR 106 entitled, ‘‘Use of Certain 

Portable Oxygen Concentrator Devices 

Onboard Aircraft’’ (70 FR 40156). SFAR 

106 is the result of a notice the FAA 

published on July 14, 2004 (69 FR 

42324) to address the needs of 

passengers who must travel with 

medical oxygen. Before publication of 

SFAR 106, passengers in need of 

medical oxygen during air 

transportation faced many obstacles 

when requesting service. Many aircraft 

operators did not provide medical 

oxygen service aboard flights, and those 

that did often provided service at a price 

that travelers could not afford. 

Coordinating service between operators 

and suppliers at airports was also 

difficult, and passengers frequently 

chose not to fly because of these 

difficulties. 

SFAR 106 permits passengers to 

carry-on and use certain POC devices on 

board aircraft, if the aircraft operator 

ensures that the conditions specified in 

the SFAR 106 for their use are met. The 

POC devices initially determined 

acceptable for use in SFAR 106, 

published July 14, 2005, were AirSep 

Corporation’s LifeStyle and Inogen, 

Inc.’s Inogen One. SFAR 106 has been 

amended six times to allow passengers 

to use additional devices. 

III. Discussion of the Immediately 

Adopted Rule 

New medical oxygen technologies 

(POC devices) approved by the FDA 

reduce the risks typically associated 

with compressed oxygen and provide a 

safe alternative for passengers who need 

oxygen therapy. Numerous 

manufacturers have developed small 

POC devices that work by separating 


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oxygen from nitrogen and other gases 

contained in ambient air and dispensing 

it in concentrated form to the user with 

an oxygen concentration of about 90%. 

The POC devices operate using either 

rechargeable batteries or, if the aircraft 

operator obtains approval from the FAA, 

aircraft electrical power. Additionally, 

as stated in Section 2 of SFAR 106, no 

covered device may contain hazardous 

materials as determined by PHMSA 

(written documentation necessary), and 

each device must also be regulated by 

the FDA. 

This immediately adopted 

amendment to SFAR 106 is adding three 

additional POC devices, thus, increasing 

the number of options for aircraft 

passengers to carry on and use on board 

aircraft. The FAA is adding SeQual 

Technologies, Inc.’s eQuinox Oxygen 

System (model 4000) and Oxywell 

Oxygen System (model 4000), as well as 

VBOX, Inc.’s Trooper device to the list 

of POC devices that may be carried on 

and used by a passenger on board an 

aircraft. Each manufacturer has 

included technical specifications for 

their devices in each request for 

approval, as well as the required 

documentation from PHMSA and the 

FDA. 

SFAR 106 is an enabling rule, which 

means that no aircraft operator is 

required to allow passengers to operate 

POC devices on board. If an aircraft 

operator chooses to allow a passenger to 

operate these devices, SFAR 106 enables 

such action, provided that the SFAR 106 

conditions are met. 

IV. Regulatory Notices and Analyses 

A. Regulatory Evaluation 

Changes to Federal regulations must 

undergo several economic analyses. 

First, Executive Order 12866 directs that 

each Federal agency shall propose or 

adopt a regulation only upon a reasoned 

determination that the benefits of the 

intended regulation justify its costs. 

Second, the Regulatory Flexibility Act 

of 1980 (Pub. L. 96–354) requires 

agencies to analyze the economic 

impact of regulatory changes on small 

entities. Third, the Trade Agreements 

Act of 1979 (Pub. L. 96–39) prohibits 

agencies from setting standards that 

create unnecessary obstacles to the 

foreign commerce of the United States. 

In developing U.S. standards, this Trade 

Act requires agencies to consider 

international standards and, where 

appropriate, that they be the basis of 

U.S. standards. Fourth, the Unfunded 

Mandates Reform Act of 1995 (Pub. L. 

104–4) requires agencies to prepare a 

written assessment of the costs, benefits, 

and other effects of proposed or final 

rules that include a Federal mandate 

likely to result in the expenditure by 

State, local, or tribal governments, in the 

aggregate, or by the private sector, of 

$100 million or more annually (adjusted 

for inflation with base year of 1995). 

This portion of the preamble 

summarizes the FAA’s analysis of the 

economic impacts of this final rule. 

Department of Transportation Order 

DOT 2100.5 prescribes policies and 

procedures for simplification, analysis, 

and review of regulations. If the 

expected cost impact is so minimal that 

a proposed or final rule does not 

warrant a full evaluation, this order 

permits that a statement to that effect 

and the basis for it be included in the 

preamble if a full regulatory evaluation 

of the cost and benefits is not prepared. 

Such a determination has been made for 

this final rule. The reasoning for this 

determination follows: 

This action amends SFAR 106 to 

allow for the use of additional POC 

devices on board aircraft, provided 

certain conditions in the SFAR are met. 

This action is necessary to allow 

additional POC devices deemed 

acceptable by the FAA to be available to 

the traveling public in need of oxygen 

therapy, for use in air commerce. As the 

rule increases the number of acceptable 

POC devices on board aircraft, the rule 

does not increase costs and provides 

additional benefits. The FAA has, 

therefore, determined that this final rule 

is not a ‘‘significant regulatory action’’ 

as defined in section 3(f) of Executive 

Order 12866, and is not ‘‘significant’’ as 

defined in DOT’s Regulatory Policies 

and Procedures. 

B. Regulatory Flexibility Determination 

The Regulatory Flexibility Act of 1980 

(Pub. L. 96–354) (RFA) establishes ‘‘as a 

principle of regulatory issuance that 

agencies shall endeavor, consistent with 

the objectives of the rule and of 

applicable statutes, to fit regulatory and 

informational requirements to the scale 

of the businesses, organizations, and 

governmental jurisdictions subject to 

regulation. To achieve this principle, 

agencies are required to ‘‘solicit and 

consider flexible regulatory proposals 

and to explain the rationale for their 

actions to assure that such proposals are 

given serious consideration.’’ The RFA 

covers a wide-range of small entities, 

including small businesses, not-forprofit organizations, and small 

governmental jurisdictions. 

Agencies must perform a review to 

determine whether a rule will have a 

significant economic impact on a 

substantial number of small entities. If 

the agency determines that it will, the 

agency must prepare a regulatory 

flexibility analysis as described in the 

RFA. 

However, if an agency determines that 

a rule is not expected to have a 

significant economic impact on a 

substantial number of small entities, 

section 605(b) of the RFA provides that 

the head of the agency may so certify 

and a regulatory flexibility analysis is 

not required. The certification must 

include a statement providing the 

factual basis for this determination, and 

the reasoning should be clear. 

As this final rule enables additional 

POC devices to be carried on board 

aircraft, the rule provides benefits at 

minimal costs for passengers and 

minimal implementation costs for all 

business entities. 

Therefore, as provided in section 

605(b), the head of the FAA certifies 

that this rulemaking will not result in a 

significant economic impact on a 

substantial number of small entities. 

C. International Trade Impact 

Assessment 

The Trade Agreements Act of 1979 

(Pub. L. 96–39), as amended by the 

Uruguay Round Agreements Act (Pub. 

L. 103–465), prohibits Federal agencies 

from establishing standards or engaging 

in related activities that create 

unnecessary obstacles to the foreign 

commerce of the United States. 

Pursuant to these Acts, the 

establishment of standards is not 

considered an unnecessary obstacle to 

the foreign commerce of the United 

States, so long as the standard has a 

legitimate domestic objective, such the 

protection of safety, and does not 

operate in a manner that excludes 

imports that meet this objective. The 

statute also requires consideration of 

international standards and, where 

appropriate, that they be the basis for 

U.S. standards. The FAA has assessed 

the potential effect of this immediately 

adopted final rule and determined that 

it will have only a domestic impact and 

therefore will not create unnecessary 

obstacles to the foreign commerce of the 

United States. 

D. Unfunded Mandates Assessment 

Title II of the Unfunded Mandates 

Reform Act of 1995 (Pub. L. 104–4) 

requires each Federal agency to prepare 

a written statement assessing the effects 

of any Federal mandate in a proposed or 

final agency rule that may result in an 

expenditure of $100 million or more (in 

1995 dollars) in any one year by State, 

local, and tribal governments, in the 

aggregate, or by the private sector; such 

a mandate is deemed to be a ‘‘significant 

regulatory action.’’ The FAA currently 

uses an inflation-adjusted value of 


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Federal Register / Vol. 79, No. 22 / Monday, February 3, 2014 / Rules and Regulations 6081 

$143.1 million in lieu of $100 million. 

This final rule does not contain such a 

mandate; therefore, the requirements of 

Title II of the Act do not apply. 

E. Paperwork Reduction 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3507(d)) requires that the 

FAA consider the impact of paperwork 

and other information collection 

burdens imposed on the public. 

According to the 1995 amendments to 

the Paperwork Reduction Act (5 CFR 

1320.8(b)(2)(vi)), an agency may not 

collect or sponsor the collection of 

information, nor may it impose an 

information collection requirement 

unless it displays a currently valid 

Office of Management and Budget 

(OMB) control number. 

Information collection requirements 

associated with this final rule have been 

approved previously by the Office of 

Management and Budget (OMB) under 

the provisions of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

3507(d)) and have been assigned OMB 

Control Number 2120–0702. This final 

rule requires that if a passenger carries 

a POC device on board the aircraft with 

the intent to use it during the flight, he 

or she must inform the pilot in 

command of that flight. Additionally, 

the passenger who plans to use the 

device must provide a written statement 

signed by a licensed physician that 

verifies the passenger’s ability to operate 

the device, respond to any alarms, the 

extent to which the passenger must use 

the POC (all or a portion of the flight), 

and prescribes the maximum oxygen 

flow rate. The Paperwork Reduction Act 

paragraph in the final rule that 

established SFAR 106 still applies to 

this amendment. The availability of a 

new POC device will likely increase the 

availability and options for a passenger 

in need of oxygen therapy, but the 

paperwork burden discussed in the 

original final rule is unchanged. 

Therefore, the OMB Control Number 

associated with this collection remains 

2120–0702. 

An agency may not conduct or 

sponsor, and a person is not required to 

respond to, a collection of information 

unless it displays a currently valid OMB 

control number. 

F. International Compatibility and 

Cooperation 

In keeping with U.S. obligations 

under the Convention on International 

Civil Aviation, it is FAA policy to 

conform to International Civil Aviation 

Organization (ICAO) Standards and 

Recommended Practices to the 

maximum extent practicable. The FAA 

has determined that there are no ICAO 

Standards and Recommended Practices 

that correspond to these regulations. 

Executive Order 13609, Promoting 

International Regulatory Cooperation, 

promotes international regulatory 

cooperation to meet shared challenges 

involving health, safety, labor, security, 

environmental, and other issues and to 

reduce, eliminate or prevent 

unnecessary differences in regulatory 

requirements. The FAA has analyzed 

this action under the policies and 

agency responsibilities of Executive 

Order 13609, and has determined that 

this action would have no effect on 

international regulatory cooperation. 

G. Environmental Analysis 

FAA Order 1050.1E identifies FAA 

actions that are categorically excluded 

from preparation of an environmental 

assessment or environmental impact 

statement under the National 

Environmental Policy Act in the 

absence of extraordinary circumstances. 

The FAA has determined this 

rulemaking action qualifies for the 

categorical exclusion identified in 

paragraph 312f and involves no 

extraordinary circumstances. 

V. Executive Order Determinations 

A. Executive Order 13132, Federalism 

The FAA has analyzed this 

immediately adopted final rule under 

the principles and criteria of Executive 

Order 13132, Federalism. The agency 

determined that this action will not 

have a substantial direct effect on the 

States, or the relationship between the 

Federal Government and the States, or 

on the distribution of power and 

responsibilities among the various 

levels of government, and, therefore, 

does not have Federalism implications. 

B. Executive Order 13211, Regulations 

That Significantly Affect Energy Supply, 

Distribution, or Use 

The FAA analyzed this immediately 

adopted final rule under Executive 

Order 13211, Actions Concerning 

Regulations that Significantly Affect 

Energy Supply, Distribution, or Use 

(May 18, 2001). The agency has 

determined that it is not a ‘‘significant 

energy action’’ under the executive 

order and it is not likely to have a 

significant adverse effect on the supply, 

distribution, or use of energy. 

VI. How To Obtain Additional 

Information 

A. Rulemaking Documents 

An electronic copy of a rulemaking 

document may be obtained by using the 

Internet— 

1. Search the Federal eRulemaking 

Portal (http://www.regulations.gov); 

2. Visit the FAA’s Regulations and 

Policies Web page at http://

www.faa.gov/regulations_policies/ or 

3. Access the Government Printing 

Office’s Web page at http://

www.gpo.gov/fdsys/. 

Copies may also be obtained by 

sending a request (identified by notice, 

amendment, or docket number of this 

rulemaking) to the Federal Aviation 

Administration, Office of Rulemaking, 

ARM–1, 800 Independence Avenue 

SW., Washington, DC 20591, or by 

calling (202) 267–9680. 

B. Small Business Regulatory 

Enforcement Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act (SBREFA) of 

1996 requires FAA to comply with 

small entity requests for information or 

advice about compliance with statutes 

and regulations within its jurisdiction. 

A small entity with questions regarding 

this document, may contact its local 

FAA official, or the person listed under 

the FOR FURTHER INFORMATION CONTACT

heading at the beginning of the 

preamble. To find out more about 

SBREFA on the Internet, visit http://

www.faa.gov/regulations_policies/

rulemaking/sbre_act/. 

List of Subjects in 14 CFR Part 121 

Air carriers, Aircraft, Airmen, 

Reporting and recordkeeping 

requirements. 

The Amendment 

In consideration of the foregoing, the 

Federal Aviation Administration 

amends SFAR No. 106 to 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(f), 106(g), 40113, 

40119, 41706, 44101, 44701–44702, 44705, 

44709–44711, 44713, 44716–44717, 44722, 

46105. 

■ 2. Amend SFAR 106 by revising 

sections 2 and 3(a) introductory text to 

read as follows: 

Special Federal Aviation Regulation 

106—Rules for Use of Portable Oxygen 

Concentrator Systems on Board 

Aircraft 

* * * * * 

Section 2. Definitions—For the 

purposes of this SFAR the following 

definitions apply: Portable Oxygen 


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Concentrator: means the AirSep 

FreeStyle, AirSep LifeStyle, AirSep 

Focus, AirSep Freestyle 5, Delphi RS– 

00400, DeVilbiss Healthcare iGo, Inogen 

One, Inogen One G2, Inogen One G3, 

Inova Labs LifeChoice, Inova Labs 

LifeChoice Activox, International 

Biophysics LifeChoice, Invacare XPO2, 

Invacare Solo2, Oxlife Independence 

Oxygen Concentrator, Oxus RS–00400, 

Precision Medical EasyPulse, 

Respironics EverGo, Respironics 

SimplyGo, SeQual Eclipse, SeQual 

eQuinox Oxygen System (model 4000), 

SeQual Oxywell Oxygen System (model 

4000), SeQual SAROS and VBOX 

Trooper Oxygen Concentrator medical 

device units as long as those medical 

device units: (1) Do not contain 

hazardous materials as determined by 

the Pipeline and Hazardous Materials 

Safety Administration; (2) are also 

regulated by the Food and Drug 

Administration; and (3) assist a user of 

medical oxygen under a doctor’s care. 

These units perform by separating 

oxygen from nitrogen and other gases 

contained in ambient air and dispensing 

it in concentrated form to the user. 

Section 3. Operating Requirements— 

(a) No person may use and no aircraft 

operator may allow the use of any 

portable oxygen concentrator device, 

except the AirSep FreeStyle, AirSep 

LifeStyle, AirSep Focus, AirSep 

FreeStyle 5, Delphi RS–00400, DeVilbiss 

Healthcare iGo, Inogen One, Inogen One 

G2, Inogen One G3, Inova Labs 

LifeChoice, Inova Labs LifeChoice 

Activox, International Biophysics 

LifeChoice, Invacare XPO2, Invacare 

Solo2, Oxlife Independence Oxygen 

Concentrator, Oxus RS–00400, Precision 

Medical EasyPulse, Respironics EverGo, 

Respironics SimplyGo, SeQual Eclipse, 

SeQual eQuinox Oxygen System (model 

4000), SeQual Oxywell Oxygen System 

(model 4000), SeQual SAROS and 

VBOX Trooper Portable Oxygen 

Concentrator units. These units may be 

carried on and used by a passenger on 

board an aircraft provided the aircraft 

operator ensures that the following 

conditions are satisfied: 

* * * * * 

Issued under authority provided by 49 

U.S.C. 106(f) and 44701(a)(5) in Washington, 

DC, on December 23, 2013. 

Michael P. Huerta, 

Administrator. 

[FR Doc. 2014–02121 Filed 1–31–14; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 121, 125, and 135 

[Docket No.: FAA–2012–1059; Amdts. No.: 

121–368, 125–63, 135–128] 

RIN 2120–AK11 

Minimum Altitudes for Use of 

Autopilots 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This rulemaking amends and 

harmonizes minimum altitudes for use 

of autopilots for transport category 

airplanes; it also enables the operational 

use of advanced autopilot and 

navigation systems by incorporating the 

capabilities of current and future 

autopilots, flight guidance systems, and 

Global Navigation Satellite System 

(GNSS) guidance systems while 

protecting the continued use of legacy 

systems at current autopilot minimum 

use altitudes. Additionally, this final 

rule implements a performance-based 

approach, using the certified 

capabilities of autopilot systems as 

established by the Airplane Flight 

Manual (AFM) or as approved by the 

Administrator. 

DATES: Effective April 4, 2014. 

ADDRESSES: For information on where to 

obtain copies of rulemaking documents 

and other information related to this 

final rule, see ‘‘How To Obtain 

Additional Information’’ section of this 

document. 

FOR FURTHER INFORMATION CONTACT: For 

technical questions concerning this 

action, contact Kel O. Christianson, 

FAA, Aviation Safety Inspector, 

Performance Based Flight Systems 

Branch (AFS–470), Flight Standards 

Service, Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone 202–385–4702; email 

Kel.christianson@faa.gov. 

For legal questions concerning this 

action, contact Robert H. Frenzel, 

Manager, Operations Law Branch, Office 

of the Chief Counsel, Regulations 

Division (AGC–220), Federal Aviation 

Administration, 800 Independence 

Avenue SW., Washington, DC 20591; 

telephone 202–267–3073; email 

Robert.Frenzel@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

The FAA’s authority to issue rules on 

aviation safety is found in Title 49 of the 

United States Code. This rulemaking is 

promulgated under the authority 

described in 49 U.S.C. 106(f), which 

establishes the authority of the 

Administrator to promulgate regulations 

and rules and 49 U.S.C. 44701(a)(5), 

which requires the Administrator to 

promulgate regulations and minimum 

standards for other practices, methods, 

and procedures necessary for safety in 

air commerce and national security. 

This amendment to the regulation is 

within the scope of that authority 

because it prescribes an accepted 

method for ensuring the safe operation 

of aircraft while using autopilot 

systems. 

I. Overview of Final Rule 

The FAA amends and harmonizes 

minimum altitudes for use of autopilots 

for transport category airplanes in order 

to streamline and simplify these 

operational rules. This final rule enables 

the operational use of advanced 

autopilot and navigation systems by 

incorporating the capabilities of existing 

and future autopilots, flight guidance 

systems, and GNSS guidance systems 

while protecting the continued use of 

legacy systems. This allows the FAA to 

enable the benefits of Next Generation 

Air Transportation System (NextGen) 

technologies and procedures (Optimized 

Profile Descents, Performance Based 

Navigation (PBN)) to enhance aviation 

safety in the National Airspace System 

(NAS). This final rule also gives the 

FAA Administrator the authorization to 

require an altitude higher than the AFM 

if the Administrator believes it to be in 

the interest of public safety. 

Currently, operators have a choice 

whether or not to update their aircraft 

with new autopilots as they are 

developed and certified by equipment 

manufacturers. This final rule does not 

affect this decision-making process and 

protects operators to continue operating 

as they do today. As a result, this action 

does not impose any additional costs on 

certificate holders that operate under 

parts 121, 125, or 135. Also, by setting 

new minimum altitudes for each phase 

of flight that approved equipment may 

operate to, this final rule gives 

manufacturers more certainty that new 

products can be used as they are 

developed. 

In response to Executive Order 13563 

issued by President Obama on January 

18, 2011, this rule was identified for 

inclusion in the Department of 

Transportation Retrospective Regulatory 

Review (May 2011), noting that the 

current minimum altitudes for use of 

autopilots were unduly restrictive and 

would limit the ability to use new 

technologies. On May 10, 2012, 


tkelley on DSK3SPTVN1PROD with RULES