13010 Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Rules and Regulations

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.

SUMMARY: This amendment removes an

unintended requirement in recentlyissued 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 § 135.170(b)

states that no person may operate a large

airplane unless it meets the

flammability requirements contained

§ 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 fireblocking standards of § 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

§ 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 § 135.169(a),

which referenced § 121.312, which in

turn referenced § 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 § 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 fireblocked 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 § 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 § 135.170(b) to

comply because it is defined within the

SFAR as a ‘‘small airplane for purposes
Federal Register / Vol. 60, No. 46 / Thursday, March 9, 1995 / Rules and Regulations 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 § 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 § 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 § 135.170(b) rather than in

§ 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

§ 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

§ 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 § 135.170 by revising

the introductory text of paragraph (b) to

read as follows:

§ 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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