[Federal Register Volume 68, Number 142 (Thursday, July 24, 2003)]
[Rules and Regulations]
[Pages 43883-43884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18591]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 21, 36, and 91

[Docket Nos. FAA-2000-7587, FAA-2002-12771, and FAA-1999-6411]
RIN 2120-AI01


Disposition of Comments to Final Rules: Noise Certification 
Standards for Subsonic Jet and Subsonic Transport Category Large 
Airplanes; Transition to an All Stage 3 Fleet Operating in the 48 
Contiguous United States and the District of Columbia; and, Equivalent 
Safety Provisions for Fuel Tank System Fault Tolerance Evaluations 
(SFAR 88)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rules; disposition of comments.

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SUMMARY: The FAA is providing response to public comments on three 
immediately adopted rules. The effect of this action is to close these 
rulemaking actions. This action is part of our effort to address 
recommendations of the Government Accounting Office and the Management 
Advisory Council to reduce the number of items in the Regulatory 
Agenda, and to accurately reflect agency initiatives.

FOR FURTHER INFORMATION CONTACT: Alicia K. Douglas, Office of 
Rulemaking (ARM-204), Federal Aviation Administration, 800 Independence 
Avenue, SW., Washington DC 20591, (202) 267-9681, 
[email protected].

SUPPLEMENTARY INFORMATION:

Noise Certification Standards for Subsonic Jet and Subsonic Transport 
Category Large Airplanes, RIN 2120-AH03

    On July 8, 2002, the FAA published a final rule (67 FR 45193), 
entitled ``Noise Certification Standards for Subsonic Jet Airplanes and 
Subsonic Transport Category Large Airplanes''. This immediately adopted 
rule amended the noise certification standards for subsonic jet 
airplanes and subsonic transport category large airplanes. These 
changes were based on the joint effort of the FAA, the European Joint 
Aviation Authorities (JAA), and the Aviation Rulemaking Advisory 
Committee. The intent of the change was to harmonize the U.S. noise 
certification regulations and the European Joint Aviation Requirements 
for subsonic jet airplanes and subsonic transport category large 
airplanes to

[[Page 43884]]

simplify airworthiness approvals for import and export purposes. The 
FAA invited comments on revised 14 CFR 36.2 on the applicable noise 
requirements. The rule became effective August 7, 2002. The comment 
period closed on September 6, 2002.
    The FAA received four responses to the request for comments. Of the 
four responses, two comments were outside the scope of the request for 
comments.
    Two commenters agreed with the regulations and expressed 
appreciation for the FAA and JAA efforts to harmonize the noise 
certification standards. One of the commenters proposed a revision to 
14 CFR 36.2 to incorporate the Sec.  21.17(c) time periods for type 
certification applications. The rule harmonized the applicability 
requirements of 14 CFR 36.2 with the intent of International Civil 
Aviation Organization Annex 16, Chapter 1. For harmonization, the FAA 
chose to adopt the five-year time period specified in Annex 16.
    In addition, commenters identified a typographical error, suggested 
we add a definition of the term, ``other standard'', and recommended a 
change in the location of the word ``notwithstanding'' in two 
paragraphs. We corrected the typographical error in the final rule 
correction notice, published on October 10, 2002 (67 FR 63194). We 
included an explanation of ``other standards'' in the part 36 advisory 
material. Placement of the word ``notwithstanding'' at the beginning of 
the paragraphs did not change the meaning. Therefore, we plan to make 
no substantive changes to the rule because of these comments.

Transition to an All Stage 3 Fleet Operating in the 48 Contiguous 
United States and the District of Columbia, RIN 2120-AH41

    On July 15, 2002, the FAA published a final rule (67 FR 46568), 
entitled ``Transition to an All Stage 3 Fleet Operating in the 48 
Contiguous United States and the District of Columbia''. This rule 
removed outdated language, revised several sections, and added one new 
section to the noise operating regulations. These revisions were to 
make the noise operating regulations consistent with statutory changes 
to the Airport Noise and Capacity Act (Act). The FAA invited comments 
to the new rule. The rule became effective July 15, 2002. The comment 
period closed on August 14, 2002.
    The FAA received comments from the Raleigh-Durham Airport Authority 
. They noted cross-references to deleted sections and suggested we 
insert the word ``takeoff'' in certain definitions. They also asserted 
that the FAA exceeded its authority in allowing the intermix of engines 
under 14 CFR part 21.
    After reviewing the authority's comments, the FAA has determined 
that the changes made by the final rule are consistent with the Act. 
Therefore, we plan to make no changes to the rule (67 FR 46568) because 
of these comments.

Equivalent Safety Provisions for Fuel Tank System Fault Tolerance 
Evaluations (SFAR 88), RIN 2120-AH85

    On September 10, 2002, the FAA published a final rule (67 FR 
57490), entitled ``Equivalent Safety Provisions for Fuel Tank System 
Fault Tolerance Evaluations (SFAR 88)''. This immediately adopted rule 
added a provision to the existing requirements for fuel tank system 
fault tolerance evaluations to allow type certificate holders to use 
equivalent safety provisions for demonstrating compliance. The FAA 
invited comments to the immediately adopted rule. The comment period 
closed on October 10, 2002.
    The FAA received comments on this rule change from two 
manufacturers and a public interest group. None of the comments opposed 
the final rule or requested changes within the scope of the final rule. 
Therefore, the FAA does not intend to amend this rule.

Conclusion

    After consideration of the comments submitted in response to the 
immediately adopted rules, the FAA has determined that no further 
rulemaking action is necessary. The following rulemaking activity is 
closed:
    [sbull] Noise Certification Standards for Subsonic Jet and Subsonic 
Transport Category Large Airplanes, RIN 2120-AH03.
    [sbull] Transition to an All Stage 3 Fleet Operating in the 48 
Contiguous United States and the District of Columbia, RIN 2120-AH41.
    [sbull] Equivalent Safety Provisions for Fuel Tank System Fault 
Tolerance Evaluations (SFAR 88), RIN 2120-AH85.
    Closing these rulemaking actions does not preclude the FAA from 
issuing a notice on these subjects in the future or from committing to 
any future course of action.

    Issued in Washington, DC, on July 11, 2003.
Marion C. Blakey,
Administrator.
[FR Doc. 03-18591 Filed 7-23-03; 8:45 am]
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