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Change in Extinguishing Agent Container Requirements
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[Federal Register: April 20, 2007 (Volume 72, Number 76)]
[Rules and Regulations]
[Page 19793-19796]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20ap07-5]
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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: joel.schlossberg@faa.gov.
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
? 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
? 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.
? 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
? 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.
? 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]
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