[Federal Register Volume 66, Number 80 (Wednesday, April 25, 2001)]
[Rules and Regulations]
[Pages 20739-20740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-10238]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 121

[Docket No. 28154; Amendment No. 121-283]


Emergency Exits

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: The Federal Aviation Administration (FAA or ``we'') is 
amending our regulations by removing an obsolete cross reference. This 
change is necessary to correct an error and will not impose any 
additional burdens or restrictions on persons or organizations affected 
by these regulations.

EFFECTIVE DATE: April 25, 2001.

FOR FURTHER INFORMATION CONTACT: Michael J. Coffey, Air Carrier 
Operations Branch (AFS-220), Air Transportation Division, Flight 
Standards Service, Federal Aviation Administration, 800 Independence 
Avenue SW., Washington, DC 20591, Telephone (202) 267-3750.

SUPPLEMENTARY INFORMATION:

Background

    On January 26, 1996, we published a final rule that made numerous 
editorial and terminology changes to the regulations governing air 
carriers and commercial operators (61 FR 2608). These regulations are 
found at 14 CFR parts 119, 121, and 135. The 1996 rule was necessary 
due to an earlier final rule that updated and consolidated the 
regulations governing the operations of commuter airlines. See 60 FR 
65913, Dec. 20, 1995.
    During the course of these two rulemakings, which involved numerous 
changes, we inadvertently failed to delete a cross reference in 14 CFR 
121.310(m) to 14 CFR 121.627(c), which no longer exists in our 
regulations. The purpose of this action is to eliminate the obsolete 
cross reference to avoid causing any confusion amongst those whose 
activities are governed by 14 CFR part 121.
    This change is editorial in nature and has no substantive impact on 
the persons or organizations governed by these 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 an obsolete cross reference, 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 thus, 
is not substantive in nature. Moreover, we find that there is good 
cause to make the correction effective immediately upon publication in 
the Federal Register. It is not in the public interest to have an 
obsolete cross reference in our regulations. It is in the public 
interest to correct the error without any further delay.
    This regulation is editorial in nature and imposes no additional 
burden on any person or organization. Accordingly, we have determined 
that

[[Page 20740]]

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. Also, because this regulation is 
editorial in nature, 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 in 14 CFR Part 121

    Air Carriers, Aircraft, Airmen, Aviation safety, Charter flights.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends part 121 of title 14 of the Code of Federal 
Regulations as follows:

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

    1. The authority citation for part 121 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702, 
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904, 
44912, 46105.

    2. Amend Sec. 121.310 by revising paragraph (m) to read as follows:


Sec. 121.310  Additional emergency equipment.

* * * * *
    (m) Except for an airplane used in operations under this part on 
October 16, 1987, and having an emergency exit configuration installed 
and authorized for operation prior to October 16, 1987, for an airplane 
that is required to have more than one passenger emergency exit for 
each side of the fuselage, no passenger emergency exit shall be more 
than 60 feet from any adjacent passenger emergency exit on the same 
side of the same deck of the fuselage, as measured parallel to the 
airplane's longitudinal axis between the nearest exit edges.

    Issued in Washington, DC, on April 19, 2001.
Donald P. Byrne,
Assistant Chief Counsel, Regulations Division.
[FR Doc. 01-10238 Filed 4-24-01; 8:45 am]
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