[Federal Register Volume 72, Number 76 (Friday, April 20, 2007)]
[Rules and Regulations]
[Pages 19793-19796]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1937]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 121, 135

[Docket No.: FAA-2007-26969; Amendment Nos. 121-331 and 135-109]
RIN 2120-AI99


Change in Extinguishing Agent Container Requirements

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This action aligns the operational and certification safety 
requirements regarding over-pressurization of airplane extinguishing 
agent containers or fire bottles to prevent bursting; and it removes an 
obsolete section reference from part 135. This action eliminates the 
requirement for an over-pressurized fire bottle to discharge 
extinguishing agent outside an airplane to prevent bursting, because 
newer non-corrosive extinguishing agents can now be discharged inside 
an airplane without degrading an airframe.

DATES: Effective June 4, 2007.
    Comments for inclusion in the Rules Docket must be received on or 
before May 21, 2007.

ADDRESSES: Commenting on this Direct Final Rule. You may send comments 
identified by Docket Number FAA-2007-26969, using any of the following 
methods:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Fax: 1-202-493-2251.
     Hand Delivery: 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: Joel Schlossberg, Aircraft Maintenance 
Division, Flight Standards Service, Federal Aviation Administration, 
800 Independence Avenue, SW., Washington, DC 20591. Telephone: (202-
267-8908); facsimile: (202-267-5115); e-mail: [email protected].

SUPPLEMENTARY INFORMATION: Later in this preamble under the Additional 
Information section, we discuss how you can comment on this direct 
final rule and how we will handle your comments. Included in this 
discussion is related information about the docket. We also discuss how 
you can get a copy of this direct final rule and any related rulemaking 
documents.

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. This rulemaking is 
promulgated under the authority described in Subtitle VII, Part A, 
Subpart III, Section 44701, ``General requirements.'' Under that 
section, the FAA is charged with promoting safe flight of civil 
aircraft in air commerce by prescribing:
     Minimum standards required in the interest of safety for 
the design and performance of aircraft; and
     Regulations for other practices, methods, and procedures 
the Administrator finds necessary for safety in air commerce and 
national security.
    This regulation is within the scope of that authority because it 
prescribes:
     Standards for the safe operation of transport category 
airplanes; and
     Practices, methods, and procedures that the Administrator 
finds necessary for safety in air commerce and national security.

Background

    Since at least 1949, the FAA has required fire extinguishing 
containers (fire bottle) to have a pressure relief line to prevent a 
container from bursting in case of excessive internal pressure. This 
pressure relief line would discharge the extinguishing agent from the 
fire bottle. Historically, fire extinguishing agents were corrosive 
materials that could degrade an airframe. Therefore, in both airplane 
certification and operational rules, the FAA required any discharge for 
pressure relief to be only outside the airplane.
    Eventually, industry developed non-corrosive extinguishing agents. 
Therefore, on March 17, 1977, the FAA published in the Federal Register 
a final rule \1\ that amended the airplane certification rules in 14 
CFR 25.1199 to adopt a performance standard. This rule changed the 
airplane certification standards, to require airplane manufacturers to 
place pressure relief discharge lines in such a way to not damage an 
airplane. See 40 FR 21866, 21871. Thus, the pressure relief discharge 
line could be located either

[[Page 19794]]

inside or outside the airplane, as long as a discharge would not damage 
the airplane.
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    \1\ Airworthiness Review Program--Amendment No. 4: Powerplant 
Amendments (42 FR 15034).
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    However, the corresponding operational requirements in Sec.  
121.267, and by reference in Sec.  135.169, were not changed in 1977 
and therefore only allow for the termination of the fire bottle 
discharge line outside the airplane. As a result of this discrepancy, 
in a request dated July 5, 2006, Aeronautical Charters, Inc. submitted 
a petition for exemption \2\ from Sec.  121.267 for their part 135 
airplane model (Citation 550). The difference between the certification 
and operational requirements has caused confusion, which is likely to 
result in more exemption requests. The FAA proceeds with this direct 
final rule to align the certification and operational requirements. 
This rule maintains safety because the reason for the original 
limitation (outside discharge) is no longer a concern with the 
development and use of non-corrosive extinguishing agents.
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    \2\ Docket FAA-2006-25325.
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    This direct final rule also removes an obsolete section reference 
from part 135. In a December 20, 1995 rulemaking,\3\ the FAA removed 
and reserved Sec.  121.213, which contained special airworthiness 
requirements. We included those requirements in Sec.  121.211 
(Applicability). However, we inadvertently left a reference to Sec.  
121.213 in Sec.  135.169(a). This direct final rule amends part 135 to 
remove the reference to Sec.  121.213.
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    \3\ Commuter Operations and General Certification and Operations 
Requirements; Air Carrier and Commercial Operator Training Programs; 
Final Rules (60 FR 65832).
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The Direct Final Rule Process

    The FAA anticipates that this regulation will not result in adverse 
or negative comment and, therefore, we are issuing it as a direct final 
rule. We believe we will not get adverse comments because this action 
will--
     Correct a discrepancy in the certification and operational 
rules that could potentially ground affected airplanes.
     Eliminate the need for operators to petition the FAA for 
an exemption from the fire bottle requirements in Sec.  121.267.
     Not place any new requirements or additional burden on 
affected operators.
    Unless we receive a written adverse or negative comment, or a 
written notice of intent to submit an adverse or negative comment 
within the comment period, the regulation will become effective on the 
date specified above. After the close of the comment period, the FAA 
will publish a document in the Federal Register that indicates we 
received no adverse or negative comments and confirms the date the 
final rule will become effective. If the FAA does receive, within the 
comment period, an adverse or negative comment, or written notice of 
intent to submit such a comment, we will publish a document withdrawing 
the direct final rule in the Federal Register, and a notice of proposed 
rulemaking may be published with a new comment period.

Paperwork Reduction Act

    There are no current or new requirements for information collection 
associated with these amendments.

International Compatibility

    The FAA has reviewed corresponding International Civil Aviation 
Organization International Standards and Recommended practices and 
similar regulations of foreign authorities, where they exist, and has 
identified no differences in these proposed amendments and the foreign 
regulations.

Economic Evaluation, Regulatory Flexibility Act, Trade Impact 
Assessment, and Unfunded Mandates Assessment

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs that each Federal agency 
shall 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 (Pub. L. 96-354) requires 
agencies to analyze the economic impact of regulatory changes on small 
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. In developing U.S. 
standards, the Trade Act requires agencies to consider international 
standards and, where appropriate, that they be 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 State, local, or 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more annually (adjusted for inflation with base year of 
1995). This portion of the preamble summarizes the FAA's analysis of 
the economic impacts of this final rule.
    Department of Transportation Order DOT 2100.5 prescribes policies 
and procedures for simplification, analysis, and review of regulations. 
If the expected cost impact is so minimal that a proposed or final rule 
does not warrant a full evaluation, this order permits a statement to 
that effect and the basis for it to be included in the preamble if a 
full regulatory evaluation of the cost and benefits is not prepared. 
Such a determination has been made for this final rule. The reasoning 
for this determination follows: This action aligns the operational and 
certification safety requirements regarding over-pressurization of 
airplane extinguishing agent containers or fire bottles to prevent 
bursting; and it removes an obsolete section reference from part 135. 
This action eliminates the requirement for an over-pressurized fire 
bottle to discharge extinguishing agent outside an airplane to prevent 
bursting, because newer non-corrosive extinguishing agents can now be 
discharged inside an airplane without degrading an airframe.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation. To achieve this principle, agencies are required 
to solicit and consider flexible regulatory proposals and to explain 
the rationale for their actions to assure that such proposals are given 
serious consideration.'' 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 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 RFA.
    However, if an agency determines that a rule is not expected to 
have a significant economic impact on a substantial number of small 
entities, section 605(b) of the 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.
    This final rule aligns the operational and certification safety 
requirements regarding over-pressurization of airplane extinguishing 
agent containers

[[Page 19795]]

or fire bottles to prevent bursting; and it removes an obsolete section 
reference from part 135. Its economic impact is minimal. Therefore, as 
the FAA Administrator, I certify that this rule will not have a 
significant economic impact on a substantial number of small entities.

Trade Impact Assessment

    The Trade Agreements Act of 1979 prohibits Federal agencies from 
engaging in any standards or related activities that create unnecessary 
obstacles to the foreign commerce of the United States. Legitimate 
domestic objectives, such as safety, are not considered unnecessary 
obstacles. 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 final rule 
and has determined that it will have the same cost relieving impact on 
domestic and international entities and thus has a neutral trade 
impact.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) 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). The FAA currently uses an inflation-
adjusted value of $128.1 million in lieu of $100 million.
    This final rule does not contain such a mandate. Therefore, the 
requirements of Title II do not apply to this regulation.

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. Therefore, we determined that this final rule does not have 
federalism implications.

Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this proposed rulemaking action qualifies for the 
categorical exclusion identified in paragraph 312 and involves no 
extraordinary circumstances.

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.

Additional Information

Commenting on this Direct Final Rule

    You may send comments identified by Docket Number FAA-2007-26969, 
using any of the following methods:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 
the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov and follow the instructions for sending your 
comments electronically.
     Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
     Fax: 1-202-493-2251.
     Hand Delivery: 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.

Availability of Rulemaking Documents

    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 FAA's Regulations and Policies web page at http://www.faa.gov/regulations_policies/; 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 sending 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 FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. If you are a small entity and you have a question 
regarding this document, you may contact your local FAA official, or 
the person listed under the FOR FURTHER INFORMATION CONTACT heading at 
the beginning of the preamble. You can find out more about SBREFA on 
the Internet at http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects

14 CFR Part 121

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

14 CFR Part 135

    Aircraft, Airmen, Aviation safety, Reporting and recordkeeping 
requirements.

The Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends 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, 44901, 44903-
44904, 44912, 45101-45105, 46105, 46301.


0
2. Section 121.267 is revised to read as follows:


Sec.  121.267  Extinguishing agent container pressure relief mechanism.

    (a) Extinguishing agent containers must be provided with a pressure 
relief mechanism to prevent bursting of the container because of 
excessive internal pressures. The discharge line from the relief 
connection must be installed in a manner so it can be inspected from 
the ground. Depending upon whether the discharge line terminates 
outside or inside the airplane, the certificate holder must accomplish 
the following inspections pre-departure:
    (1) The discharge line terminates outside the airplane. As part of 
the pre-departure check, visually inspect the

[[Page 19796]]

pressure indicator at the end of the discharge line to confirm that the 
container has not discharged.
    (2) The discharge line terminates inside the airplane. As part of a 
pre-departure check, visually inspect the pressure indicator for the 
container for loss of pressure within the container.
    (b) The certificate holder also must ensure that only non-corrosive 
extinguishing agents are used in systems where the pressure discharge 
line terminates inside the airplane.

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. Amend Sec.  135.169 by revising paragraph (a) to read as follows:


Sec.  135.169  Additional airworthiness requirements.

    (a) Except for commuter category airplanes, no person may operate a 
large airplane unless it meets the additional airworthiness 
requirements of Sec. Sec.  121.215 through 121.283 and 121.307 of this 
chapter.
* * * * *

Marion C. Blakey,
Administrator.
[FR Doc. 07-1937 Filed 4-19-07; 8:45 am]
BILLING CODE 4910-13-P