[Federal Register Volume 61, Number 32 (Thursday, February 15, 1996)]
[Rules and Regulations]
[Pages 5938-5939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3490]



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DEPARTMENT OF TRANSPORTATION
14 CFR Part 135

[Docket No. 26192; Amdt. No. 135-56]
RIN 2120-AD28


Improved Flammability Standards for Materials Used in the 
Interiors of Airplane Cabins

AGENCY: Federal Aviation Administration, DOT.

ACTION: Notice of disposition of comments on final rule.

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SUMMARY: On March 6, 1995, the Federal Aviation Administration (FAA) 
issued Amendment 135-56 which removed an unintended requirement in the 
previously issued Amendment 135-55 of part 135 of the Federal Aviation 
Regulations (FAR) (60 FR 13010). Amendment 135-56 was effective on 
March 6, 1995, however, the FAA invited public comments on the subject 
until April 10, 1995. Although the FAA has determined that there is no 
need for any further amendment to part 135, this document responds to 
the comments submitted by the public.

ADDRESSES: The complete docket for the final rule on Improved 
Flammability Standards for Materials Used in the Interiors of Airplane 
Cabins may be examined at the Federal Aviation Administration, Office 
of the Chief Counsel (AGC-10), Rules Docket, Room 915G, 800 
Independence Avenue SW., Washington, DC 20591, 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, Washington 
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, Regulations Branch, ANM-114, Transport Airplane 
Directorate, Aircraft Certification Service, FAA 1601 Lind Avenue SW., 
Renton, WA 98055-4956; telephone (206) 227-2194.

SUPPLEMENTARY INFORMATION:

Background

    On March 6, 1995, the FAA issued Amendment 135-56 (60 FR 13010, 
March 9, 1995), which removed an unintended requirement in the 
previously-issued Amendment 135-55 (60 FR 6616, February 2, 1995) to 
part 135 of the FAR. This action ensued that commuter category 
airplanes operated under part 135 would not be grounded for failing to 
comply with the unintended requirement which became effective on March 
6, 1995.
    Specifically, Sec. 135.170(b), as revised by Amendment 135-55, 
stated that no person may operate a ``large'' airplane unless it meets 
the flammability requirements contained in Secs. 135.170(b) (1) and 
(2). Section 135.170(b)(2) states, in turn, 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. 
(Although these standards are commonly referred to as ``fire 
blocking,'' Sec. 25.853(c) actually provides the option of using a 
covering material, i.e., a ``fire-blocking'' layer, that isolates the 
cushion from a fire or using a seat cushion that can be shown by itself 
to provide the necessary fire resistance). Large airplanes are 
identified in part 1 of the FAR as those with ``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 of the 
commuter category airplanes currently in service does in fact have a 
maximum certificated takeoff weight greater than 12,500 pounds. They 
are, therefore, ``large'' airplanes as defined in part 1. Taking 
literally the wording of Sec. 135.170(b), as revised by Amendment 135-
55, operators of these airplanes would have had to comply with the seat 
cushion fire-blocking standards in addition to the applicable 
flammability standards of part 23.
    Although including commuter category airplanes in the requirements 
of Sec. 135.170(b) pertaining to seat cushion fire blocking standards 
was due to an editing error, the FAA has adopted separate rulemaking 
(Amendment 121-23, 60 FR 65832, December 20, 1995) which requires the 
seat cushions of those airplanes to comply with the seat cushion fire 
blocking standards by December 20, 2010. In the meantime, the operators 
of those airplanes must continue to have seat cushions that meet the 
applicable flammability standards of part 23.

Discussion of Comments

    Two commenters responded to the request for comments on Amendment 
135-56. One commenter, a pilots association, agrees the final rule 
(Amendment 135-55) was in error. However, the commenter feels that this 
is a safety issue for all aircraft passengers, regardless of the 
aircraft size. The FAA responded to the commenter noting that the 
comment more accurately applied to proposals contained in Notice 95-5, 
Docket No. 28154. The commenter was advised that his comments would be 
placed in Docket 28154 and considered along with any other comments 
received in response to Notice 95-5. The second commenter, a 
manufacturer, wrote only to indicate that the FAA's timely action in 
correcting this error was appreciated.

Conclusion

    After carefully considering the comments submitted in response to 
Amendment 135-56, the FAA has determined that no further rulemaking 
action is necessary at this time. Accordingly, Amendment No. 135-56 
remains in effect as prescribed by the 

[[Page 5939]]
March 6, 1995, final rule. As noted above, the seat cushions in 
commuter category airplanes may, however, be required to meet the fire 
blocking standards at some future date as a result of separate 
rulemaking action.

    Issued in Washington, DC, on February 8, 1996.
Thomas E. McSweeny,
Director, Aircraft Certification Service.
[FR Doc. 96-3490 Filed 2-14-96; 8:45 am]
BILLING CODE 4910-13-M