[Federal Register Volume 59, Number 231 (Friday, December 2, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29822]


[[Page Unknown]]

[Federal Register: December 2, 1994]


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Part XI





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 121




Protective Glove Requirement; Final Rule
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 121

[Docket No. 27926; Amendment No. 121-243]
RIN 2120-AF37

 
Protective Glove Requirement

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; request for comment.

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SUMMARY: This action amends the final rule requiring that disposable 
latex gloves, or equivalent nonpermeable gloves, be located onboard 
aircraft operated in air carrier, air taxi, and commercial operations. 
This amendment responds to a petition for exemption filed by the Air 
Transport Association for an extension of the compliance date of 
December 2, 1994. With this amendment, the FAA will permit, for the 
next 18 months, that the protective gloves required for the emergency 
medical kit may be placed in a location that is readily accessible to 
crewmembers. With this action, the FAA will avoid a possible disruption 
in service to the traveling public because of the unavailability of 
sufficient numbers of modified medical kits.

DATES: Effective date December 2, 1994. Comments must be received on or 
before January 3, 1995.

ADDRESSES: Send or deliver comments on the rule in duplicate to: 
Federal Aviation Administration, Office of the Chief Counsel, Attn: 
Rules Docket (AGC-204), Room 916, 800 Independence Avenue, SW., 
Washington, DC 20591. Comments may be examined in the Rules Docket 
weekdays, except Federal holidays, between 8:30 a.m. and 5:00 p.m.

FOR FURTHER INFORMATION CONTACT: Daniel V. Meier, Jr., Regulatory 
Branch (AFS-240), Air Transportation Division, Flight Standards 
Service, Federal Aviation Administration, 800 Independence Avenue, SW., 
Washington, DC 20591, telephone: (202) 267-3749.

SUPPLEMENTARY INFORMATION: 

Background

    By Federal Register publication of October 18, 1994, the FAA issued 
a final rule with comment that required disposable latex gloves, or 
equivalent nonpermeable gloves, to be located onboard aircraft operated 
in air carrier, air taxi, and commercial operations. This amendment 
responded to concerns of the FAA and some members of the aviation 
industry that a potential health risk exists to crewmembers and 
passengers from the possibility of incidental exposure to blood borne 
pathogens. The FAA stated that the amendment would lessen the 
possibility of that exposure and therefore increase the level of safety 
for both passengers and crewmembers. The FAA also found that notice and 
public comment for the rulemaking was impracticable and contrary to the 
public interest. The FAA stated that ``Because this rule will lessen a 
potential health risk to passengers and crewmembers, those persons 
should not be further subjected to that potential risk by a delay in 
issuing a final rule.''
    By letter dated November 14, 1994, the Air Transport Association 
(ATA) requests an extension of 18 months beyond the December 2, 1994, 
compliance date. ATA states that the 45-day compliance requirement of 
the final rule puts the air carrier industry in an impossible position 
in that the emergency medical kits (EMK) are prepared and serviced by a 
very few vendors. Airlines have been notified by these few vendors that 
the 45-day modification schedule adopted by the FAA will be impossible 
to meet, forcing the possible cancellation of flights due to the 
unavailability of modified EMK. ATA proposes in its petition that, for 
the next 18 months, carriers be allowed to provide a sufficient 
quantity of protective gloves distributed throughout the cabin of each 
aircraft in accessible locations. ATA notes that in many cases, it will 
be possible to affix the gloves to the EMK. Further, ATA states that an 
equivalent level of safety will be provided by maintaining the required 
numbers of pairs of gloves on the aircraft in accessible locations. ATA 
posits that good cause exists for waiver of publication because of the 
pressing deadline and because the final rule was not published for 
notice and public comment.
    The FAA finds that the ATA presents a logical argument in that 
flights should not be delayed for modification of the EMK and that an 
equivalent level of safety will be provided by locating the pair of 
protective gloves required for the EMK in a location on the aircraft 
that is accessible to crewmembers.

Good Cause for Immediate Adoption

    The FAA finds that notice and public comment for this rulemaking is 
impracticable and contrary to the public interest. This amendment 
contains a minor adjustment to the rule based on the fact that 
sufficient numbers of modified EMK will not be available by the 
compliance date of December 2, 1994. In addition, the FAA finds that 
there will be no adverse affect on safety since the required number of 
protective gloves will be made available on each aircraft.
    Comments on the amendment are invited, however, and the 
Administrator may amend or rescind the amendment in view of public 
comment. Comments should identify Docket No. 27926 and be submitted in 
triplicate to the address provided above. All comments will be 
available for public review, both before and after the closing date for 
comments.

Conclusion

    For the reasons discussed in the preamble of Amendment No. 121-242, 
issued September 26, 1994, and based on the findings in that Regulatory 
Flexibility Determination and that International Trade Impact Analysis, 
the FAA has determined that this regulation is not a significant 
regulatory action under Executive Order 12866. In addition, it is 
certified that this regulation will not have a significant economic 
impact, positive or negative, on a substantial number of small entities 
under the criteria of the Regulatory Flexibility Act. This regulation 
is not considered significant under DOT Regulatory Policies and 
Procedures (44 FR 11034; February 26, 1979).

List of Subjects in 14 CFR Part 121

    Air safety, air transportation, aviation safety, safety, 
transportation, cabin safety, medical kits, first-aid kits.

The Amendment

    Accordingly, 14 CFR Part 121 is amended as follows:

PART 121--CERTIFICATION AND OPERATIONS: DOMESTIC, FLAG, AND 
SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE 
AIRCRAFT

    1. the authority citation for part 121 continues to read as 
follows:

    Authority: 49 U.S.C. App. 1354(a), 1355, 1356, 1357, 1401, 1421-
1430, 1472, 1485, and 1502; 49 U.S.C. 106(g) (revised Pub. L. 97-
449, January 12, 1993).

    2. Appendix A of part 121, Emergency Medical Kits, is amended by 
revising paragraph (3) and by adding a new paragraph (4) to read as 
follows:

Appendix A to Part 121--First-Aid Kits and Emergency Medical Kits

* * * * *

Emergency Medical Kits

* * * * *
    (3) Except as provided in paragraph (4) of this appendix, the 
approved emergency medical kit must contain, as a minimum, the 
following appropriately maintained contents in the specified 
quantities:

                                                                        
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                           Contents                             Quantity
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Sphygmomanometer.............................................          1
Stethoscope..................................................          1
Airways, oropharyngeal (3 sizes).............................          3
Syringes (sizes necessary to administer required drugs)......          4
Needles (sizes necessary to administer required drugs).......          6
50% Dextrose injection, 50cc.................................          1
Epinephrine 1:1000, single dose ampule or equivalent.........          2
Diphenhydramine HCI injection, single dose ampule or                    
 equivalent..................................................          2
Nitroglycerin tablets........................................         10
Basic instructions for use of the drugs in the kit...........          1
Protective latex gloves or equivalent........................       \1\1
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\1\Pair.                                                                

    (4) Until June 3, 1996, required protective latex gloves or 
equivalent nonpermeable gloves may be placed in the emergency 
medical kit or in a location that is readily accessible to 
crewmembers.

    Issued in Washington, DC on November 29, 1994.
David R. Hinson,
Administrator.
[FR Doc. 94-29822 Filed 11-30-94; 3:23 pm]
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