[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





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Research and Special Programs Administration



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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