[Federal Register Volume 69, Number 72 (Wednesday, April 14, 2004)]
[Rules and Regulations]
[Pages 19761-19762]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-8512]


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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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