[Federal Register Volume 60, Number 46 (Thursday, March 9, 1995)]
[Rules and Regulations]
[Pages 13010-13011]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5834]
[[Page 13009]]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
14 CFR Part 135
Improved Flammability Standards for Materials Used in the Interiors of
Airplane Cabins; Final Rule
Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Rules
and Regulations
[[Page 13010]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 135
[Docket No. 26192, Amendment No. 135-56]
RIN 2120-AD28
Improved Flammability Standards for Materials Used in the
Interiors of Airplane Cabins
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This amendment removes an unintended requirement in recently-
issued amendment 135-55 to part 135 of the Federal Aviation Regulations
(FAR) which clarified standards adopted in 1986 concerning the
flammability of components used in the cabins of certain transport
category airplanes. This action is necessary to ensure that commuter
category airplanes operated under part 135 are not grounded for failing
to comply with certain unintended requirements that become effective on
March 6, 1995.
DATES: Effective March 6, 1995.
Comments must be received on or before April 10, 1995.
ADDRESSES: Comments may be mailed in triplicate to: Federal Aviation
Administration (FAA), Office of the Chief Counsel, Attention: Rules
Docket (AGC-200), Docket No. 26192, 800 Independence Avenue SW.,
Washington, DC 20591, or delivered in triplicate to: Room 915G, 800
Independence Avenue SW., Washington, DC. Comments delivered must be
marked Docket No. 26192. Comments may be inspected in Room 915G
weekdays, except Federal holidays, between 8:30 a.m., and 5:00 p.m. In
addition, the FAA is maintaining an information docket of comments in
the Transport Airplane Directorate (ANM-100), FAA, 1601 Lind Avenue SW,
Renton, WA 98055-4056. Comments in the information docket may be
inspected weekdays, except Federal holidays, between 7:30 a.m., and
4:00 p.m.
FOR FURTHER INFORMATION CONTACT:
Gary L. Killion, Manager, Regulations Branch, ANM-114, Transport
Airplane Directorate, Aircraft Certification Service, FAA, 1601 Lind
Avenue Southwest, Renton, Washington 98055-4056; telephone (206) 227-
2194.
SUPPLEMENTARY INFORMATION:
Comments Invited
This action removes an unintended requirement in recently-issued
Amendment 135-55 (60 FR 6616, February 2, 1995). By doing so, this rule
ensures that commenter category airplanes operated under part 135 are
not grounded for failing to comply with the unintended requirements
that become effective on March 6, 1995. Although this action is in the
form of a final rule that was not preceded by notice and an opportunity
for public comment, comments are invited on this action. Interested
persons are invited to submit such written data, views, or arguments as
they may desire. Commenters should identify the regulatory docket
number and submit comments in triplicate to the Rules Docket address
specified above. All comments received on or before the closing date
for comments will be considered by the Administrator and this final
rule may be amended in light of comments received. All comments will be
available in the Rules Docket, before and after the closing date for
comments for examination by interested persons. A report summarizing
each substantive public contact with FAA personnel concerning this
rulemaking will be filed in the Docket. Commenters wishing the FAA to
acknowledge receipt of their comments must submit with those comments a
self-addressed, stamped postcard on which the following statement is
made: ``Comments to Docket No. 26192.'' The postcard will be date
stamped and returned to the commenter.
Background
The FAA has become aware that recently promulgated Amendment 135-55
(60 FR 6616, February 2, 1995) contains a new requirement that was not
intended. Specifically, new Sec. 135.170(b) states that no person may
operate a large airplane unless it meets the flammability requirements
contained Sec. 135.170(b) (1) and (2). Section 135.170(b)(2) states
that seat cushions, except for flight crewmember seat cushions, must
comply with the fire-blocking standards of Sec. 25.853(c) that became
effective on November 26, 1984.
Large airplanes are identified in part 1 of the Federal Aviation
Regulations (FAR) as those of ``more than 12,500 pounds maximum
certificated takeoff weight.'' Commuter category airplanes type
certificated under part 23 of the FAR may have a maximum certificated
takeoff weight as great as 19,000 pounds, and each model type
certificated in the commuter category to date does in fact have a
maximum certificated takeoff weight greater than 12,500 pounds. Under
the definition in part 1, these commuter category airplanes are
``large'' airplanes. Under the Amendment 135-55 wording of
Sec. 135.170(b), operators of these commuter category airplanes would
have to comply with the seat cushion fire-blocking standards. Prior to
Amendment 135-55, these operators were not required to comply with the
fire-blocking standards. Although the seats of these commuter category
airplanes were not previously required to meet the seat cushion fire-
blocking standards of part 135, they have been required to meet the
applicable flammability standards of part 23 of the FAR.
The desired fire-blocking requirements in part 135 were previously
contained in Sec. 135.169(a), which referenced Sec. 121.312, which in
turn referenced Sec. 25.853(c) and appendix F to part 25 for the
specific requirements. Section 135.169(a), however, specifically
excluded commuter category airplanes from having to comply with the
requirements of Sec. 121.312. This exclusion was inadvertently dropped
from Notice of Proposed Rulemaking (NPRM) 90-12, which ultimately
resulted in Amendment 135-55. The lack of intent on the part of the FAA
to require part 135 operators of commuter category airplanes to meet
these additional seat cushion flammability standards can be seen in the
preamble to the NPRM. In that regard, the title of Amendment 135-55
refers specifically to transport category airplane cabins and does not
refer to those of commuter category airplanes. Under NPRM's Regulatory
Evaluation, the FAA stated ``the proposed amendment to part 135 is
merely a non-substantive editorial change which would cause no
additional burden to any person.'' Requiring operators to provide fire-
blocked seat cushions would have been more than a non-substantive
editorial change.
In response to the NPRM, several commenters submitted comments
related to the omission of the exception for commuter category
airplanes. One commenter expressed concern that the proposed
Sec. 135.170(b) would apply to all large airplanes and would appear to
add substantial requirements to airplanes certificated under Special
Federal Aviation Regulation (SFAR) 41. The FAA responded that an
airplane type certificated under SFAR 41 would not be required by new
Sec. 135.170(b) to comply because it is defined within the SFAR as a
``small airplane for purposes [[Page 13011]] of parts 21, 23, 36, 121,
135 and 139.'' Nonetheless, for clarity purposes, the adopted language
refers to SFAR 41 aircraft in the exclusion.
Another commenter proposed that the lead-in sentence for
Sec. 135.170(b) start with the phrase ``Except for commuter category
airplanes.'' The commenter's proposed addition was considered
unnecessary due to the erroneous belief that commuter category
airplanes, like those type certificated under SFAR 41, were not
``large'' airplanes. Because the FAA did not change the proposed rule
language in the final rule to clarify this result, the rule language
must now be amended.
This further amendment to the final rule is being handled in the
most expeditious manner available, and is being made effective
immediately, since the final rule is effective March 6, 1995. In the
absence of this further amendment, SFAR 41 and commuter category
airplanes without fire-blocked seat cushions and operated under part
135 would not be considered to be in compliance with the regulation.
Explicitly excluding commuter category from having to comply with the
requirements of Sec. 135.170(b)(1) is not necessary because that
section impacts only airplanes with a passenger seating capacity of 20
or more which does not apply to the commuter category. Nonetheless,
because of frequent confusion among operators on that point, the FAA
has decided to insert the commuter airplane category exclusion in
Sec. 135.170(b) rather than in Sec. 135.170(b)(2) to make the
applicability of these requirements clear.
Because this action imposes no additional burden on any person and
since it relieves industry of the unintended burden that would be
imposed if the new wording of Sec. 135.170(b) was unchanged, it has no
adverse economic impact and imposes no additional burden on any person.
Accordingly, good cause exists to make this action effective
immediately, but public comments are invited.
It should be noted that this action does not preclude the FAA from
proposing that commuter category airplanes should comply with the seat
cushion flammability standards of Sec. 135.170(b)(2) in future
rulemaking if such compliance is deemed necessary in the interest of
safety. The FAA anticipates issuing by the end of this month a proposal
that would contain such a requirement applicable to current part 135
operators.
The FAA has determined that this regulation must be issued
immediately to preclude grounding a large portion of the U.S. commuter
air carrier fleet and placing an unintended economic burden on
operators of commuter category airplanes. The FAA has also determined
that this action is not a ``significant regulatory action'' under
Executive Order 12866.
List of Subjects in 14 CFR Part 135
Air taxis, Aircraft, Airmen, Aviation safety, Reporting and
recordkeeping requirements.
Adoption of the Amendment
Accordingly, 14 CFR part 135 of the Federal Aviation Regulations
(FAR) is amended as follows:
PART 135--AIR TAXI OPERATORS AND COMMERCIAL OPERATORS
1. The authority citation for part 135 continues to read as
follows:
Authority: 49 U.S.C. 1354(a), 1355(a), 1421-1431 and 1502; 49
U.S.C. 106(g); 49 CFR 1.47(a).
2. By amending Sec. 135.170 by revising the introductory text of
paragraph (b) to read as follows:
Sec. 135.170 Materials for compartment interiors.
* * * * *
(b) Except for commuter category airplanes and airplanes
certificated under Special Federal Aviation Regulation No. 41, no
person may operate a large airplane unless it meets the following
additional airworthiness requirements:
* * * * *
Issued in Washington, DC, on March 6, 1995.
David R. Hinson,
Administrator.
[FR Doc. 95-5834 Filed 3-6-95; 4:23 pm]
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