[Federal Register Volume 69, Number 124 (Tuesday, June 29, 2004)]
[Rules and Regulations]
[Pages 39292-39294]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-14630]



[[Page 39291]]

-----------------------------------------------------------------------

Part IV





Department of Transportation





-----------------------------------------------------------------------



Federal Aviation Administration



-----------------------------------------------------------------------



14 CFR Parts 121 and 135



Aircraft Assembly Placard Requirements; Final Rule

  Federal Register / Vol. 69, No. 124 / Tuesday, June 29, 2004 / Rules 
and Regulations  

[[Page 39292]]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 121 and 135

[Docket No. FAA-2004-18477]
RIN 2120-AI24


Aircraft Assembly Placard Requirements

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This action amends the passenger information rules for 
scheduled air carriers. It requires a notice or placard informing 
passengers of the name of the country in which the aircraft was finally 
assembled. These changes are necessary to respond to an Act of Congress 
requiring the notice or placard be available to passengers no later 
than June 12, 2005.

DATES: This final rule is effective upon OMB approval of the 
information collection. When OMB approves, we will publish a document 
in the Federal Register announcing the effective date.

ADDRESSES: Docket: To read background documents or comments received, 
go to http://dms.dot.gov at any time or to Room PL-401 on the plaza 
level of the Nassif Building, 400 Seventh Street, SW., Washington, DC, 
between 9 a.m. and 5 p.m., Monday through Friday, except Federal 
holidays.

FOR FURTHER INFORMATION CONTACT: Gary Davis, Flight Standards Service, 
Air Transportation Division, AFS-201A, Federal Aviation Administration, 
800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-
8166; facsimile (202) 267-5229, e-mail [email protected].

SUPPLEMENTARY INFORMATION:

Availability of Final Rule

    You can get an electronic copy using the Internet by:
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) Web page (http://dms.dot.gov/search);
    (2) Visiting the Office of Rulemaking's Web page at http://www.faa.gov/avr/arm/index.cfm; or
    (3) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    You can also get a copy by submitting a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the docket number, notice number, or amendment number 
of this rulemaking.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires the FAA to comply with small entity requests for 
information or advice about compliance with statutes and regulations 
within its jurisdiction. Therefore, any small entity that has a 
question regarding this document may contact its local FAA official, or 
the person listed under FOR FURTHER INFORMATION CONTACT. You can find 
out more about SBREFA on the Internet at http://www.faa.gov/avr/arm/sbrefa.htm, or by e-mailing us at [email protected].

Background

    In Section 810 of the FAA Reauthorization Act (December 11, 2003), 
the Congress directed the Secretary of Transportation to require that 
each air carrier providing scheduled passenger air transportation 
display, by June 12, 2005, a notice that informs passengers of the 
country in which the aircraft they are aboard was finally assembled. 
This information is to be provided on a notice or placard available to 
each passenger on the aircraft.
    The conference committee report accompanying the legislation 
interprets the statutory requirement, explaining that it calls for the 
information on country of final assembly to be available ``on the 
placard in the seat back pocket'' on the aircraft. Therefore, this new 
statement will be included on the seat-pocket cards that are already 
required to provide information on emergency procedures for the type 
and model of the aircraft.
    Sections 121.571 and 135.117 require that each certificate holder 
provide cards that supplement the oral briefing given to passengers 
before takeoff. These cards contain diagrams and operating methods for 
emergency exit of the aircraft. This rule requires that these cards 
also inform each passenger of the country in which the aircraft was 
finally assembled. Congressional guidance made clear that this is the 
proper place to include the new information.
    We understand that the statutorily required June 12, 2005, deadline 
may not provide enough time for each airline to replace every card. We 
will interpret our rule such that each airline can meet the new 
requirement by temporarily providing the requested information in the 
form of a sticker attached to each seat-pocket card. However, the 
required information must be added to the printed cards the next time 
the cards are printed for any reason.
    This document is a final rule because there is limited time to 
comply with this Congressional direction, and the intent of Congress is 
clear. Congress has determined that providing the required information 
is beneficial to the public. The economic summary will provide the 
anticipated compliance costs.

Paperwork Reduction Act

    This rule contains new information collection requirements. As 
required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), 
the FAA has submitted the information requirements associated with this 
final rule to the Office of Management and Budget for its review. 
Employees of the affected entities will likely be required to apply the 
required information to each seat back pocket card. Affected entities 
will also likely have to purchase stickers for each card. The hours 
worked and cost of stickers contribute to the burden. The total 
paperwork burden is 13,313.4 hours, costing $521,957.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to this regulation.

Economic Evaluation

    Proposed changes to Federal regulations must undergo several 
economic analyses. First, Executive Order 12866 directs each Federal 
agency to propose or adopt a regulation only upon a reasoned 
determination that the benefits of the intended regulation justify its 
costs. Second, the Regulatory Flexibility Act of 1980 requires agencies 
to analyze the economic impact of regulatory changes on small entities. 
Third, the Trade Agreements Act (19 U.S.C. section 2531-2533) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. In developing U.S. 
standards, this Trade Act also requires agencies to consider 
international standards and, where appropriate, use them as the basis 
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4) requires agencies to prepare a written assessment of 
the costs, benefits, and other effects of proposed or final rules that 
include a Federal mandate likely to result in the expenditure by

[[Page 39293]]

State, local, or tribal governments, in the aggregate, or by the 
private sector, of $100 million or more annually (adjusted for 
inflation).
    The FAA has determined this rule (1) as mandated by Congress, is 
deemed to be in the public interest; (2) is not a ``significant 
regulatory action'' as defined in section 3(f) of Executive Order 12866 
and is not ``significant'' as defined in DOT's Regulatory Policies and 
Procedures; (3) will not have a significant impact on a substantial 
number of small entities; (4) will have no effect on international 
trade; and (5) does not impose an unfunded mandate on State, local, or 
tribal governments, or on the private sector.

Costs

    Each of the part 121 and 135 air carriers may put a sticker on the 
seat-pocket card; an aircraft cleaner may do this during routine 
cleaning. Application of each sticker takes one minute and each sticker 
costs $0.50; there are a total of 750,000 passenger seats used for part 
121 scheduled passenger air transportation and 3,800 seats used for 
part 135 scheduled passenger air transportation. A manager from each 
air carrier would spend 5 hours to ensure that the program is carried 
out successfully. The total one-time cost for part 121 air carriers is 
$494,100 and for part 135 air carriers is $27,800; total costs for this 
program sum to $522,000. All costs are one-time costs in 2004; the FAA 
anticipates that the information on these stickers will be incorporated 
directly onto the seat-pocket cards when the old cards are replaced.

Comparison of Costs and Benefits

    The final rule will cost $522,000. Congress, which reflects the 
will of the American people, has determined that this final rule is in 
the best interest of the nation and therefore provides a benefit.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informational requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to 
regulation.'' To achieve that principle, the RFA requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions. The RFA covers a wide-range of small 
entities, including small businesses, not-for-profit organizations and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant economic impact on a substantial 
number of small entities. If the agency determines that it will, the 
agency must prepare a regulatory flexibility analysis as described in 
the Act.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the 1980 RFA provides that 
the head of the agency may so certify and a regulatory flexibility 
analysis is not required. The certification must include a statement 
providing the factual basis for this determination, and the reasoning 
should be clear.
    For this rule, the small entity groups are considered to be part 
121 and part 135 air carriers. As shown above, the cost to all part 121 
air carriers is $494,100. Given 69 air carriers, the average cost per 
carrier is $7,160. This cost is less than 1% of the annual median 
revenue for an average part 121 air carrier. Not all part 121 air 
carriers are small businesses, but for those that are small businesses, 
their annual revenue far exceeds $716,100. The cost to all part 135 air 
carriers is $27,800. Given 81 air carriers, the average cost per 
carrier is $344. This cost is less than 1% of the annual median revenue 
for an average part 135 air carrier. Not all part 135 air carriers are 
small businesses, but for those that are small businesses, their annual 
revenue far exceeds $34,400. Thus, the FAA certifies that this action 
will not have a significant economic impact on a substantial number of 
small entities.

Trade Impact Assessment

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
establishing any standards or engaging in related activities that 
create unnecessary obstacles to the foreign commerce of the United 
States. The statute also requires consideration of international 
standards and, where appropriate, that they be the basis for U.S. 
standards. The FAA has assessed the potential effect of this rulemaking 
and has determined that it will impose the same costs on part 121 and 
135 operators whether they use aircraft assembled in the United States 
or aircraft assembled in some other country. Therefore, it will impose 
no unnecessary obstacles in foreign commerce.

Unfunded Mandates Assessment

    The Unfunded Mandates Reform Act of 1995 (the Act), is intended, 
among other things, to curb the practice of imposing unfunded Federal 
mandates on State, local, and tribal governments. Title II of the Act 
requires each Federal agency to prepare a written statement assessing 
the effects of any Federal mandate in a proposed or final agency rule 
that may result in a $100 million or more expenditure (adjusted 
annually for inflation) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.''
    This final rule does not contain such a mandate. Therefore, the 
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do 
not apply.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. We determined that this 
action will not have a substantial direct effect on the States, or the 
relationship between the national Government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government, and therefore does not have federalism implications.

Environmental Analysis

    FAA Order 1050.1D defines FAA actions that may be categorically 
excluded from preparation of a National Environmental Policy Act (NEPA) 
environmental impact statement. In accordance with FAA Order 1050.1D, 
appendix 4, paragraph 4(j), this rulemaking action qualifies for a 
categorical exclusion.

Regulations that Significantly Affect Energy Supply, Distribution, or 
Use

    The FAA has analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 18, 2001). We have determined 
that it is not a ``significant energy action'' under the executive 
order because it is not a ``significant regulatory action'' under 
Executive Order 12866, and it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy.

List of Subjects in 14 CFR Parts 121 and 135

    Air carriers, Air Taxis, Aircraft, Airmen, Aviation safety, 
Reporting and recordkeeping requirements, Safety, Transportation.

[[Page 39294]]

The Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends parts 121 and 135 of Chapter I of Title 14, Code of Federal 
Regulations as follows:

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

0
1. The authority citation for part 121 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 40119, 41706, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 46105.

0
2. Section 121.571(b) is revised to read as follows:


Sec.  121.571  Briefing passengers before takeoff.

* * * * *
    (b) Each certificate holder must carry on each passenger-carrying 
airplane, in convenient locations for use of each passenger, printed 
cards supplementing the oral briefing. Each card must contain 
information pertinent only to the type and model of airplane used for 
that flight, including--
    (1) Diagrams of, and methods of operating, the emergency exits;
    (2) Other instructions necessary for use of emergency equipment; 
and
    (3) No later than June 12, 2005, for Domestic and Flag scheduled 
passenger-carrying flights, the sentence, ``Final assembly of this 
airplane was completed in [INSERT NAME OF COUNTRY].''
* * * * *

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS 
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT

0
3. The authority citation for part 135 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 41706, 44113, 44101, 44701-44702, 
44705, 44709, 44711-44713, 44715-44717, 44722.

0
4. Section 135.117(e) is revised to read as follows:


Sec.  135.117  Briefing Of Passengers Before Flight

* * * * *
    (e) The oral briefing required by paragraph (a) of this section 
must be supplemented by printed cards which must be carried in the 
aircraft in locations convenient for the use of each passenger. The 
cards must--
    (1) Be appropriate for the aircraft on which they are to be used;
    (2) Contain a diagram of, and method of operating, the emergency 
exits;
    (3) Contain other instructions necessary for the use of emergency 
equipment on board the aircraft; and
    (4) No later than June 12, 2005, for scheduled Commuter passenger-
carrying flights, include the sentence, ``Final assembly of this 
aircraft was completed in [INSERT NAME OF COUNTRY].''
* * * * *

    Issued in Washington, DC, on June 21, 2004.
Marion C. Blakey,
Administrator.
[FR Doc. 04-14630 Filed 6-28-04; 8:45 am]
BILLING CODE 4910-13-P