[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]]

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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]
BILLING CODE 4910-13-M