Protective Glove Requirement; Final Rule

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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