[Federal Register: April 14, 2004 (Volume 69, Number 72)]
[Rules and Regulations]
[Page 19761-19762]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14ap04-5]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 121
[Docket No. FAA-2000-7119; Amdt. Nos. 121-280 and 135-78]
RIN 2120-AG89
Emergency Medical Equipment
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; partial revised compliance date.
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SUMMARY: The Federal Aviation Administration (FAA) is extending the
compliance date for batteries installed in automated external
defibrillators (AEDs) to meet the requirements of a Technical Standard
Order (TSO). The primary manufacturer of AEDs has only recently applied
for approval of its battery. Not enough approved batteries exist to
equip the entire air carrier fleet by the original compliance date of
April 12, 2004. Extension of the compliance date will have a negligible
impact on safety, will allow AEDs to continue to be used, and will
allow for further approval and production of batteries that meet the
TSO requirements.
DATES: Effective Date: This amendment is effective May 12, 2004.
Compliance Date: Power sources for automated external defibrillators
must meet the standards of the applicable TSO by April 30, 2005.
FOR FURTHER INFORMATION CONTACT: David H. Rich, AIR-120, Aircraft
Certification Service, Aircraft Engineering Division, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591,
telephone (202) 267-7141.
SUPPLEMENTARY INFORMATION:
Background
On April 12, 2001 (66 FR 19028), the FAA amended the aircraft
operating rules to require Part 121 air carriers to carry automated
external defibrillators (AEDs) on their aircraft as of April 12, 2004.
All required electronic equipment that uses lithium batteries as a
separate power source must meet the requirements of Technical Standard
Order (TSO) C97 or C142 when used onboard aircraft.
Despite several years' notice, the primary manufacturer of AEDs has
only recently applied for TSO approval for its AED batteries. The
application has not yet been approved and batteries that comply with
the TSO have not been produced. Since the batteries for AEDs must be
tailored for the specifications of a particular manufacturer's unit,
the batteries are not interchangeable nor are they otherwise
commercially available. One AED supplier has an approved battery, but
information available to the FAA suggests that it has a much smaller
market share for its product. The FAA does not have any reliable
information on how many AEDs from different manufacturers are affected
by this lack of approved batteries.
Although the regulation requiring the carriage of AEDs is not
effective until May 12, 2004, air carriers have equipped their aircraft
with them in recognition of their value as a potentially lifesaving
device. Rather than delay the requirement to carry AEDs for the lack of
an approved battery, the FAA has determined that it is better to allow
the AEDs to continue to be used until the original batteries can be
replaced.
There is no safety issue in allowing the original batteries to
remain in operation for the interim period. The FAA added the
requirement that the batteries meet the specifications of a TSO because
all lithium power sources for electronic equipment used on aircraft are
subject to agency oversight of their design and manufacture. The FAA is
not aware of any particular problem with the original batteries, and
does not believe that additional time in service on board commercial
aircraft poses a particular risk to the flying public. While compliance
with the Technical Standard Order is important over the long term, the
FAA concludes that any short term risk posed by unapproved batteries is
outweighed by the benefit of having the devices on board until approved
batteries can be installed.
Accordingly, the FAA is amending 14 CFR Part 121, Appendix A, to
include a compliance date of April 30, 2005, for the power source for
required AEDs to meet the applicable TSO. This change in the compliance
date does not affect the requirement to carry an approved AED, or the
requirements for first aid kits, emergency medical kits, crew training
in usage of any device, or any other provision of the Appendix.
Economic Summary
The FAA estimates that as many as 6,000 airplanes in the Part 121
fleet may be unable to comply with the regulation as of April 12
because of the unapproved battery issue. This rule extends the
compliance time for operators to install a power source on automated
external defibrillators that complies with the applicable TSO for that
item. If the FAA left the original compliance date in place,
approximately 80 operators of Part 121 aircraft, including many major
air carriers, would be unable to comply for a lack of approved
batteries. Those operators could be subject to fines or other
enforcement action. The additional time provided by this extension will
allow the AED manufacturers to complete the approvals necessary to get
their batteries approved for use on aircraft and produce sufficient
batteries for their air carrier customers.
The FAA is unable to provide a quantitative estimate of the costs
that would result from a failure to relieve this requirement, though
the agency believes they would be significant. Further, it would be a
disservice to the flying public to delay the requirement to carry AEDs
since they represent a significant benefit to commercial aircraft
passengers. The risk of continuing to use unapproved batteries is
considered less than the benefit of having the equipment available at
all. A change in this compliance date will both relieve a burden beyond
the control of the regulated carriers and continue to provide a benefit
to the flying public.
[[Page 19762]]
Good Cause for ``No Notice''
Sections 553(b)(3)(B) and 553(d)(3) of the Administrative
Procedures Act (APA) (5 U.S.C. 553(b)(3)(B) and 553(d)(3)) authorize
agencies to dispense with certain notice procedures for rules when they
find good cause exists to do so. Under section 553(b)(3)(B), the
requirements of notice and opportunity for comment do not apply when
the agency for good cause finds that those procedures are
``impracticable, unnecessary, or contrary to the public interest.'' The
FAA finds that notice and public comment on this change to the
compliance date are both impracticable and contrary to the public
interest. Notice and comment are impracticable in this instance because
they would defeat the need for the rule change. Air carriers using
certain equipment are unable to comply with the regulation because of a
parts availability problem beyond their control. The FAA would not be
able to accomplish notice and comment rulemaking until after the
compliance date in the current regulation. Further, the FAA finds that
the carriage of AEDs on commercial aircraft represent a significant
benefit to the flying public, and delaying implementation of the rule
for availability of an approved battery is contrary to that interest
when little safety risk is involved for a short time.
Good Cause for Immediate Adoption
Section 553(d) of the APA requires that rules become effective no
less than 30 days after their issuance. Paragraph (d)(1) allows an
agency to make a rule effective immediately if it is relieving in
nature. This final rule extends a compliance date, relieving the
requirement to have equipment installed that may not be available.
Accordingly, this rule is effective on issuance.
List of Subjects in 14 CFR Part 121
Air carriers, Aircraft, Airmen, Alcohol abuse, Aviation safety,
Charter flights, Drug abuse, Drug testing, Reporting and recordkeeping
requirements, Safety, Transportation.
The Amendment
0
In consideration of the foregoing, the Federal Aviation Administration
amends part 121 of Title 14, Code of Federal Regulations (14 CFR Part
121) as follows:
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
0
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.
0
2. Amend Appendix A, Automated External Defibrillators, paragraph 2, to
read as follows:
Appendix A to Part 121--First Aid Kits and Emergency Medical Kits
* * * * *
Automated External Defibrillators
* * * * *
2. On and after April 30, 2005, meet FAA Technical Standard
Order requirements for power sources for electronic devices used in
aviation as approved by the Administrator.
* * * * *
Issued in Washington, DC, on April 8, 2004.
Marion C. Blakey,
Administrator.
[FR Doc. 04-8512 Filed 4-12-04; 10:16 am]
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