[Federal Register Volume 72, Number 106 (Monday, June 4, 2007)]
[Rules and Regulations]
[Pages 30946-30947]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-2784]



[[Page 30945]]

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Part III





Department of Transportation





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Federal Aviation Administration



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14 CFR Parts 121 and 135



Change in Extinguishing Agent Container Requirements; Final Rule

  Federal Register / Vol. 72, No. 106 / Monday, June 4, 2007 / Rules 
and Regulations  

[[Page 30946]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 121 and 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; withdrawal.

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SUMMARY: On April 20, 2007, the FAA published in the Federal Register a 
direct final rule entitled Change in Extinguishing Agent Container 
Requirements. The rule aligned the operational and certification 
requirements regarding airplane extinguishing agent containers or fire 
bottles; and it removed an obsolete section reference from part 135. 
This action withdraws the rule because the FAA received several adverse 
comments.

DATES: The direct final rule published at 72 FR 19793, April 20, 2007, 
is withdrawn effective May 31, 2007.

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:

Background

    On April 20, 2007, the FAA published a direct final rule (Amendment 
Nos. 121-331 and 135-109, (72 FR 19793)). The rule, to have become 
effective June 4, 2007, was intended to correct a previous oversight 
that caused the certification and operational safety requirements 
regarding over-pressurization of airplane extinguishing agent 
containers to prevent bursting to be in conflict.
    On March 17, 1977, the FAA published in the Federal Register a 
final rule \1\ that amended 14 CFR 25.1199 to allow the discharge end 
of each discharge line from a pressure relief connection to be located 
so that the discharge of the fire extinguishing container (i.e., fire 
bottle) would not damage the airplane. In other words, the rule allows 
for the termination of the discharge line either inside or outside the 
airplane as long as the discharge of the fire bottle would not damage 
the airplane. However, the corresponding operational requirements in 
Sec.  121.267, and by reference in Sec.  135.169, 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 its airplane model (Citation 550) used in part 135 
operations. Because the difference between the certification and 
operational requirements caused confusion and would likely result in 
more exemption requests, the FAA issued the Change in Extinguishing 
Agent Container Requirements direct final rule \3\ to align the 
certification and operational requirements.
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    \1\ Airworthiness Review Program--Amendment No. 4: Powerplant 
Amendments (42 FR 15034).
    \2\ Docket FAA-2006-25325.
    \3\ 72 FR 19793; April 20, 2007.
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    In addition, the direct final rule removed an obsolete section 
reference from part 135. In a December 20, 1995 rulemaking,\4\ 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). The direct final rule amended part 
135 to remove the reference to Sec.  121.213.
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    \4\ 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 comment period for the direct final rule closed on May 21, 
2007.

Discussion of Comments

    We received several adverse comments to the direct final rule from 
two commenters--Mr. Steve Donohue of ExpressJet, Inc. and Mr. Jason 
Ostbye of Sun Country Airlines.

Discharge Line Terminates Outside the Airplane (Sec.  121.267(a)(1))

    Both commenters expressed concern about the wording of Sec.  
121.267(a) that reads: ``The discharge line from the relief connection 
must be installed in a manner so it can be inspected from the ground.'' 
The commenters said this part of the rule does not belong in paragraph 
(a) because paragraph (a) applies to both subparagraphs (a)(1) (which 
describes the process for inspection of the fire bottle when the 
discharge line terminates outside the airplane) and (a)(2) (which 
describes the process for inspection of the fire bottle when the 
discharge line terminates inside the airplane). The commenters said the 
discussion about inspection ``from the ground'' should be placed in 
paragraph (a)(1).
    We agree with the commenters that Sec.  121.267(a) as worded is 
confusing since it implies that the statement about inspection ``from 
the ground'' applies to a discharge line that terminates either inside 
or outside the airplane. We intended for the following text to be 
placed in Sec.  121.267(a)(1):

    The discharge line terminates outside the airplane. The 
discharge line from the relief connection must be installed in a 
manner so it can be inspected on the ground * * *

    We intend to correct this oversight in a future rulemaking action.

Discharge Line Terminates Inside the Airplane (Sec.  121.267(a)(2))

    Both commenters said Sec.  121.267(a)(2) implies that all fire 
bottles have pressure indicators; however, many lavatory extinguishers, 
for example, do not have such indicators. Therefore, to comply with the 
rule, each lavatory extinguisher would need to be removed and weighed 
as part of each pre-departure check to ensure that it has not 
discharged. Mr. Ostbye said operators would incur significant costs as 
a result.
    After further review, we believe the regulation as written may be 
misleading because it specifies inspection of pressure indicators but 
some fire bottles do not have such indicators. We intend to clarify 
this issue in a future rulemaking action.
    Mr. Ostbye said the FAA should define the term ``inside the 
airplane.'' In support of this recommendation, he said the following: 
The discharge line of an engine fire bottle on a 737NG terminates in 
the main wheel well. The discharge line of the APU (auxiliary power 
unit) bottle discharges in the tail compartment. And, cargo fire 
bottles discharge in the lower lobe of the fuselage. Therefore, 
compliance with Sec.  121.267(a)(2) \5\ would cause operators to incur 
significant costs because access and inspection of these fire bottles 
would require a mechanic with a ladder and the removal of cargo 
compartment panels.
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    \5\ Sec.  121.267(a)(2): As part of a pre-departure check, 
visually inspect the pressure indicator for the container for loss 
of pressure within the container.
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    Mr. Ostbye also said the rule should address use of bottle 
discharge lights in the cockpit in lieu of visually inspecting the 
bottle pressure indicator. He said if bottle discharge lights in the 
cockpit satisfy the requirement to visually inspect the pressure 
indicator, then the process of having a mechanic involved in the 
inspection and having to remove panels would not be necessary.

[[Page 30947]]

    We do not agree that the term ``inside the airplane'' needs to be 
defined. As discussed in the preamble to the direct final rule, 
historically, fire extinguishing agents were corrosive materials that 
could degrade an airplane. As a result, earlier FAA regulations 
required any discharge for pressure relief to be outside the airplane. 
However, when industry developed non-corrosive extinguishing agents, 
the certification regulations were revised in the 1970s to allow for 
termination of the pressure relief discharge line in such a way as to 
not damage the airplane. The intent of Sec.  121.267(a)(2) and (b) was 
to ensure that when a discharge line terminated inside the airplane, 
only a non-corrosive extinguishing agent was used so that discharge of 
the agent would not damage the airplane.
    We do agree, however, that any future change to the regulation 
should take into account current industry practices and approved 
methods such as inspecting fire bottle discharge lights in the cockpit 
as a means to determine low pressure or discharge of an extinguishing 
agent container.

Reason for Withdrawal

    As stated in 14 CFR 11.31(c), if the FAA receives an adverse 
comment to a direct final rule or a comment stating the intent to file 
such a comment, the FAA advises the public by publishing a notice in 
the Federal Register. The notice may withdraw the direct final rule in 
whole or in part.
    After further review, and in consideration of the comments to the 
Change in Extinguishing Agent Container Requirements direct final rule, 
the FAA has determined that the rule should be withdrawn in its 
entirety. This will allow us more time to further examine the issues 
the commenters raised and determine the course of action that best 
serves the public's interest.
    Accordingly, the FAA withdraws Amendments Nos. 121-331 and 135-109, 
published at 72 FR 19793 on April 20, 2007. However, withdrawal of 
these Amendments does not preclude the FAA from issuing another rule on 
the subject matter in the future or committing the agency to any future 
course of action.

    Issued in Washington, DC, on May 30, 2007.
Kerry B. Long,
Chief Counsel.
[FR Doc. 07-2784 Filed 5-31-07; 11:32 am]
BILLING CODE 4910-13-P