[Federal Register Volume 66, Number 82 (Friday, April 27, 2001)]
[Rules and Regulations]
[Pages 21065-21067]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10239]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 21, 43, 45, 65, 91, 142, 145, 161, and 170

[Docket No. 28154, Amdt. Nos. 21-79, 43-37, 45-22, 65-41, 91-267, 142-
4, 145-25, 161-2 and 170-3]


Commuter Operations and General Certification and Operations 
Requirements

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: The Federal Aviation Administration (FAA) is making minor 
technical changes to a final rule on commuter operations and general 
certification and operations requirements published in the Federal 
Register on December 20, 1995, effective January 19, 1996. That final 
rule removed part 127 of title 14, but did not make conforming 
amendments to remove all references to part 127. This technical 
amendment removes all references to part 127 from the Code of Federal 
Regulations. None of these changes are substantive in nature and the 
rule will not impose any additional burden or restriction on persons or 
organizations affected by these regulations.

EFFECTIVE DATE: Effective on April 27, 2001.

FOR FURTHER INFORMATION CONTACT: Alberta Brown, (202) 267-8321; Federal 
Aviation Administration, 800 Independence Avenue, SW., Washington, DC 
20591.

SUPPLEMENTARY INFORMATION:

Background

    The Federal Aviation Administration (we) published in the Federal 
Register on December 20, 1995 (60 FR 65832) a document that amended the 
regulations on commuter operations and general certification and 
operations requirements, to include the removal of part 127 from title 
14 (60 FR 65937). We did not include amendments removing all references 
to part 127, which are now obsolete. This document makes the 
appropriate technical changes to remove all references to part 127 from 
the Code of Federal Regulations.
    Under the Administrative Procedure Act, an agency doesn't have to 
issue a notice of proposed rulemaking when the agency for good cause 
finds that notice and public procedure are ``impracticable, 
unnecessary, or contrary to the public interest.'' See 5 U.S.C. 553(b). 
Because this technical amendment simply corrects obsolete references, 
we find that publishing the change for public notice and comment is 
unnecessary.
    The Administrative Procedure Act also states that an agency must 
publish a substantive rule not less than 30 days before its effective 
date, except as otherwise provided by the agency for good cause. See 5 
U.S.C. 553(d). We find that this technical amendment imposes no 
additional burden or requirement on the regulated industry, and is not 
substantive in nature. Moreover, we find that there is good cause to 
make the changes effective immediately upon publication in the Federal 
Register. It is in the public interest to remove these obsolete 
references from our regulations without further delay.
    This regulation is editorial in nature and imposes no additional 
burden on any person or organization. Accordingly, we have determined 
that the action: (1) is not a significant rule under Executive Order 
12866; and (2) is not a significant rule under Department of 
Transportation Regulatory Policy and Procedures. No impact is expected 
to result, and a full regulatory evaluation is not required. In 
addition, the FAA certifies that the rule 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.

List of Subjects

14 CFR Part 21

    Aircraft, Aviation safety, Exports, Imports, Reporting and 
recordkeeping requirements.

14 CFR Part 43

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

14 CFR Part 45

    Aircraft, Exports, Signs and symbols.

14 CFR Part 65

    Air traffic controllers, Aircraft, Airmen, Airports, Alcohol abuse, 
Drug abuse, Reporting and recordkeeping requirements.

14 CFR Part 91

    Afghanistan, Agriculture, Air traffic control, Aircraft, Airmen, 
Airports, Aviation safety, Canada, Cuba, Freight, Mexico, Noise 
control, Political candidates, Reporting and recordkeeping 
requirements, Former Yugoslavia.

14 CFR Part 142

    Administrative practice and procedure, Airmen, Educational 
facilities, Reporting and recordkeeping requirements, Schools, 
Teachers.

14 CFR Part 145

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

14 CFR Part 161

    Administrative practice and procedure, Aircraft, Airports, Noise 
control, Reporting and recordkeeping requirements.

14 CFR Part 170

    Air traffic control, Airports.

    In consideration of the foregoing, the Federal Aviation 
Administration amends parts 21, 43, 45, 65, 91, 142, 145, 161, and 170 
of title 14 of the Code of Federal Regulations as follows:

PART 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS

    1. The authority citation for part 21 continues to read as follows:

    Authority: 42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113, 
44701-44702, 44707, 44709, 44711, 44713, 44715, 45303.


Sec. 21.183  Issue of standard airworthiness certificates for normal, 
utility, acrobatic, commuter, and transport category aircraft; manned 
free balloons; and special classes of aircraft. [Amended]

    2. Amend Sec. 21.183 by removing the words ``or 127'' from 
paragraph (d)(2)(iv).

[[Page 21066]]

Sec. 21.197  Special flight permits.

    3. Amend Sec. 21.197 by removing the words ``Secs. 121.79, 127.27, 
and 135.17'' from paragraph (c) introductory text and replacing them 
with ``Secs. 121.79 and 135.17''; and by removing the words ``or Part 
127'' from paragraph (c)(1).


Sec. 21.213  Eligibility.

    4. Amend Sec. 21.213 by removing the works ``or Part 127'' from 
paragraph (b).


Sec. 21.329  Issue of export certificates of airworthiness for Class I 
products.

    5. Amend Sec. 21.329 by removing the words ``or 127'' from 
paragraph (c).


Sec. 21.337  Performance of inspections and overhauls.

    6. Amend Sec. 21.337 by removing the words ``or 127'' from 
paragraph (e).

PART 43--MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING, AND 
ALTERATION

    7. The authority citation for part 43 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701, 44703, 44705, 44707, 
44711, 44713, 44717.


Sec. 43.1  Applicability.

    8. Amend Sec. 43.1 by removing the words ``Part 121, 127, or 135'' 
from paragraph (a)(2) and adding in their place the words ``Part 121 or 
135''.


Sec. 43.3  Persons authorized to perform maintenance, preventive 
maintenance, rebuilding, and alterations.

    9. Amend Sec. 43.3 as follows:
    a. In paragraph (f) remove the words ``Part 121, 127, or 135'' both 
places they appear and add in their place the words ``Part 121 or 
135''.
    b. In paragraph (g) remove the words ``Part 121, 127, 129, or 135'' 
and add in their place the words ``Part 121, 129, or 135''.


Sec. 43.7  Persons authorized to approve aircraft, airframes, aircraft 
engines, propellers, appliances, or component parts for return to 
service after maintenance, preventive maintenance, rebuilding, or 
alteration.

    10. Amend Sec. 43.7 by removing the words ``Part 121, 127, or 135'' 
from paragraph (e) both places they appear and adding in their place 
the words ``Part 121 or 135''.


Sec. 43.9  Content, form, and disposition of maintenance, preventive 
maintenance, rebuilding, and alteration records (except inspections 
performed in accordance with part 91, part 123, part 125, 
Sec. 135.411(a)(1), and Sec. 135.419 of this chapter).

    11. Amend Sec. 43.9 by removing the words ``Part 121, 127, or 135'' 
from paragraph (b) both places they appear and adding in their place 
the words ``Part 121 or 135''.


Sec. 43.13  Performance rules (general).

    12. Amend Sec. 43.13 by removing the words ``Part 121, 127, or 
135'' from paragraph (c) both places they appear and adding in their 
place the words ``Part 121 or 135''.


Sec. 43.16  Airworthiness Limitations.

    13. Amend Sec. 43.16 by removing the words ``Parts 121, 123, 127, 
or 135'' and adding in their place the words ``Parts 121, 123, or 
135''.

PART 45--IDENTIFICATION AND REGISTRATION MARKING

    14. The authority citation for part 45 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40103, 40109, 40113-40114, 44101-
44105, 44107-44108, 44110-44111, 44504, 44701, 44708-44709, 44711-
44713, 45302-45303, 46104, 46304, 46306, 47122.


Sec. 45.22  Exhibition, antique, and other aircraft: Special rules.

    15. Amend Sec. 45.22 by removing the words ``Part 121, 127, 133, 
135, or 137'' from paragraph (c)(3) and adding in their place the words 
``Part 121, 133, 135, or 137''.

PART 65--CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS

    16. The authority citation for part 65 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-
44711, 45102-45103, 45301-45302.


Sec. 65.95  Inspection authorization: Privileges and limitations.

    17. Amend Sec. 65.95 by removing the words ``or 127'' from 
paragraph (a)(1).

PART 91--GENERAL OPERATING AND FLIGHT RULES

    18. The authority citation for part 91 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, 
articles 12 and 29 of the Convention on International Civil Aviation 
(61 stat. 1180).


Sec. 91.23  Truth-in-leasing clause requirement in leases and 
conditional sales contracts.

    19. Amend Sec. 91.23 by removing the words ``part 121, 125, 127, 
135, or 141'' from paragraph (b)(1)(i) and adding in their place the 
words ``part 121, 125, 135, or 141''.


Sec. 91.175  Takeoff and landing under IFR.

    20. Amend Sec. 91.175 by removing the words ``parts 121, 125, 127, 
129, or 135'' from paragraph (f) and adding in their place the words 
``parts 121, 125, 129, or 135''.


Sec. 91.215  ATC transponder and altitude reporting equipment and use.

    21. Amend Sec. 91.215 by removing the words ``part 121, 127 or 
135'' from paragraph (a) and adding in their place the words ``part 121 
or 135''.


Sec. 91.401  Applicability.

    22. Amend Sec. 91.401 by removing the words ``part 121, 127, 129, 
or Sec. 135.411(a)(2) ``from paragraph (b) and adding in their place 
the words ``part 121, 129, or Sec. 135.411(a)(2).''


Sec. 91.403  General.

    23. Amend Sec. 91.403 by removing the words ``part 121, 127 or 
135'' from paragraph (c) and adding in their place the words ``part 121 
or 135''.


Sec. 91.409  Inspections.

    24. Amend Sec. 91.409 as follows:
    a. In paragraph (c)(2) remove the words ``part 125, 127, or 135'' 
and add in their place the words ``part 125 or 135''.
    b. In paragraph (f)(1) remove the words ``part 121, 127, or 135'' 
and add in their place the words ``part 121 or 135''.


Sec. 91.413  ATC transponder tests and inspections.

    25. Amend Sec. 91.413 as follows:
    a. In paragraph (a) remove the words ``in 91.215(a), 121.345(c), 
127.123(b), or Sec. 135.143(c)'' and add in their place the words ``in 
91.215(a), 121.345(c), or Sec. 135.143(c)''.
    b. In paragraph (c)(2) remove the words ``part 121, 127 or 
Sec. 135.411(a)(2)'' and add in their place the words ``part 121 or 
Sec. 135.411(a)(2).''

PART 142--TRAINING CENTERS

    26. The authority citation for part 142 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44703, 
44705, 44707, 44709-44711, 45102-45103, 45301-45302.


Sec. 142.1  Applicability.

    27. Amend Sec. 142.1 as follows:
    a. In paragraph (a) remove the words ``parts 61, 63, 121, 125, 127, 
135, or 137'' and add in their place the words ``parts 61, 63, 121, 
125, 135, or 137''.
    b. In paragraph (b)(1) remove the words ``parts 63, 121, 125, 127, 
135, and

[[Page 21067]]

137'' and add in their place the words ``parts 63, 121, 125, 135, and 
137''.

PART 145--REPAIR STATIONS

    28. The authority citation for part 145 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44707, 44717.


Sec. 145.2  Performance of maintenance, preventive maintenance, 
alterations and required inspections for an air carrier or commercial 
operator under the continuous airworthiness requirements of parts 121 
and 127, and for airplanes under the inspection program required by 
part 125.

    29. Amend Sec. 145.2 as follows:
    a. In the section heading remove the words ``parts 121 and 127'' 
and add in their place the words ``part 121''.
    b. In paragraph (a) remove the words ``or part 127''; and remove 
the words ``or subpart I of part 127 (except Secs. 127.131, 127.134, 
127.136, and 127.140)''.


Sec. 145.63  Reports to defects or unairworthy conditions.

    30. Amend Sec. 145.63(c) by removing the words ``part 121, 127, or 
135'' and adding in their place the words ``part 121 or 135''; and by 
removing the words ``under Sec. 21.3, Sec. 37.17, Sec. 121.703, 
Sec. 127.313, or Sec. 135.57'' and adding in their place the words 
``under Sec. 21.3, Sec. 37.17, Sec. 121.703, or Sec. 135.57''.

PART 161--NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS 
RESTRICTIONS

    31. The authority citation for part 161 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 47523-47527, 47533.


Sec. 161.5  Definitions.

    32. Amend Sec. 161.5 by removing the words ``under parts 127 and 
135'' from the definition for Aviation user class and adding in their 
place the words ``under part 135''.

PART 170--ESTABLISHMENT AND DISCONTINUANCE CRITERIA FOR AIR TRAFFIC 
CONTROL SERVICES AND NAVIGATIONAL FACILITIES

    33. The authority citation for part 170 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40103-40107, 40113, 44502, 44701-
44702, 44708-44709, 44719, 44721-44722, 46308.


Sec. 170.3  Definitions

    34. Amend Sec. 170.3 by removing the words ``parts 121, 127, and 
135'' from the definition for Scheduled commercial service and adding 
in their place the words ``parts 121 and 135''.

    Issued in Washington, DC on April 19, 2001.
Donald P. Byrne,
Assistant Chief Counsel for Regulations.
[FR Doc. 01-10239 Filed 4-26-01; 8:45 am]
BILLING CODE 4910-13-M