Thermal/Acoustic Insulation Installed on Transport Category Airplanes, 77748-77752 [05-24654]
Download as PDF
77748
Federal Register / Vol. 70, No. 250 / Friday, December 30, 2005 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 91, 121, 125 and 135
[Docket No.: FAA–2005–23462; Amendment
Nos. 91–290, 121–320, 125–50, and 135–103]
RIN 2120–AI64
Thermal/Acoustic Insulation Installed
on Transport Category Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
This action modifies the
requirements for improved flammability
characteristics of thermal/acoustic
insulation used as replacements on
airplanes manufactured before
September 2, 2005. The FAA has
recently been provided information that
the rule will apply to a much broader
range of components in currently
operating airplanes than was originally
intended. In addition, since publishing
a final rule on July 31, 2003, the FAA
has learned that some requirements for
improved flammability covered
materials do not have a significant effect
on airplane fire safety. Further, in many
cases, compliant replacements are not
readily available. This action focuses
the requirements on replacement
materials that have a greater effect on
safety and are readily available, and is
necessary to avoid grounding of
airplanes.
DATES: This final rule is effective on
January 30, 2006. Send your comments
by February 28, 2006.
ADDRESSES: Address your comments to
the Docket Management System, U.S.
Department of Transportation, Room
Plaza 401, 400 Seventh Street, SW.,
Washington, DC 20590–0001. You must
identify the docket number FAA–2005–
23462 at the beginning of your
comments, and you should submit two
copies of your comments.
You may also submit comments
through the Internet to http://
dms.dot.gov. You may review the public
docket containing comments to these
regulations in person in the Dockets
Office between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal
holidays. The Dockets Office is on the
plaza level of the NASSIF Building at
the Department of Transportation at the
above address. Also, you may review
public dockets on the Internet at http://
dms.dot.gov.
Privacy: We will post all comments
we receive, without change, to http://
dms.dot.gov, including any personal
wwhite on PROD1PC65 with RULES6
SUMMARY:
VerDate Aug<31>2005
20:06 Dec 29, 2005
Jkt 208001
information you provide. For more
information, see the Privacy Act
discussion in the SUPPLEMENTARY
INFORMATION section of this document.
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: Jeff
Gardlin, FAA Airframe and Cabin Safety
Branch, ANM–115, Transport Airplane
Directorate, Aircraft Certification
Service, 1601 Lind Avenue, SW.,
Renton, Washington 98055–4056;
telephone (425) 227–2136, facsimile
(425) 227–1149, e-mail:
jeff.gardlin@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA is adopting this final rule
without prior notice and prior public
comment. The Regulatory Policies and
Procedures of the Department of
Transportation (DOT) (44 FR 1134;
February 26, 1979), however, provide
that, to the maximum extent possible,
operating administrations of the DOT
should provide an opportunity for
public comment on regulations issued
without prior notice. Accordingly, we
invite interested persons to participate
in this rulemaking by submitting such
written data, views, or arguments, as
they may desire. We also invite
comments relating to environmental,
energy, federalism, or international
trade impacts that might result from this
amendment. Please include the
regulatory docket or amendment
number and send two copies to the
address above. We will file comments
received, as well as a report
summarizing each substantive public
contact with FAA personnel on this
rulemaking, in the public docket. The
docket is available for public inspection
before and after the comment closing
date.
Anyone is able to search the
electronic form of all comments
received into any of our dockets by the
name of the individual submitting the
comment (or signing the comment, if
submitted on behalf of an association,
business, labor union, etc.). You may
review DOT’s complete Privacy Act
statement in the Federal Register
published on April 11, 2000 (65 FR
19477) or you may visit http://
dms.dot.gov.
The FAA will consider all comments
received on or before the closing date
for comments. We will consider late
PO 00000
Frm 00002
Fmt 4701
Sfmt 4700
comments to the extent practicable. We
may amend this final rule because of the
comments received.
Commenters who want the FAA to
acknowledge receipt of their comments
submitted in response to this final rule
must include a preaddressed, stamped
postcard with those comments on which
the following statement is made:
‘‘Comments to Docket No. FAA–2005–
23462.’’ The postcard will be datestamped by the FAA and mailed to the
commenter.
Proprietary or Confidential Business
Information
You should not file in the docket any
information that you consider to be
proprietary or confidential business
information. Instead, you should send
or deliver that information directly to
the person identified under FOR FURTHER
INFORMATION CONTACT. You must mark
the information that you consider
proprietary or confidential. If you send
the information on a disk or CD ROM,
mark the outside of the disk or CD ROM
and also identify electronically within
the disk or CD ROM the specific
information that is proprietary or
confidential.
Under Title 14 Code of Federal
Regulations (CFR) 11.35(b), when we are
aware of proprietary information filed
with a comment, we do not place it in
the docket. We hold it in a separate file
to which the public does not have
access and place a note in the docket
that we have received it. If we receive
a request to examine or copy this
information, we treat it as any other
request under the Freedom of
Information Act (5 U.S.C. 552). We
process such a request under the DOT
procedures found in 49 CFR part 7.
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 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 or amendment
number of this rulemaking.
E:\FR\FM\30DER6.SGM
30DER6
Federal Register / Vol. 70, No. 250 / Friday, December 30, 2005 / Rules and Regulations
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.
Therefore, any small entity that has a
question regarding this document may
contact their local FAA official, or the
person listed under FOR FURTHER
INFORMATION CONTACT. You can find out
more about SBREFA on the Internet at
our site, http://www.faa.gov/
regulations_policies/rulemaking/
sbre_act/.
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the United States Code.
Subtitle I, Section 106 describes the
authority of the FAA Administrator.
Subtitle VII, Aviation Programs,
describes in more detail the scope of the
agency’s authority.
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. This regulation is within the
scope of that authority, because it
prescribes new safety standards for the
design of transport category airplanes.
Background
Previous Rulemaking
wwhite on PROD1PC65 with RULES6
On September 20, 2000, we published
Notice No. 00–09, which proposed to
upgrade the flammability and fire
protection standards for thermal/
acoustic insulation installed in transport
category airplanes (65 FR 56992). The
notice contained a provision that would
require thermal/acoustic insulation to
comply with the proposed new
standards when used as replacements
on airplanes already in service, as well
as requirements relating to newly
manufactured airplanes. Notice No. 00–
09 stated:
Amendments to parts 91, 121, 125, and 135
are proposed to require that insulation
materials, when installed as replacements,
meet the new flame propagation test
requirements of § 25.856. This proposal
would provide for the gradual attrition of
earlier materials. Since there are existing
materials that meet the proposed standards,
and since those materials cost and weigh no
more than other materials, this should result
in no additional cost to operators.
VerDate Aug<31>2005
20:06 Dec 29, 2005
Jkt 208001
While some commenters questioned
whether there was any safety benefit in
this provision, no commenters
presented any information or data to
contradict the assumptions made in
establishing the provision. The
requirement was adopted in the final
rule, published on July 31, 2003, in
§§ 91.613(b)(1), 121.312(e)(1),
125.113(c)(1), and 135.170(c)(1) (68 FR
45046). Operators were required to use
replacement insulation materials
meeting the requirements of § 25.856
after September 2, 2005. Our goal was
to purge (operator and supplier) stocks
of materials not meeting the new
standards and encourage production of
only those materials meeting the new
standards. Because materials meeting
the new standards were already
available, the rule attributed no
additional costs to this aspect of the
requirements.
Basis of This Change
Following publication of the fnal rule,
and the associated Advisory Circular
(AC) 25.856–1, and shortly before the
September 2, 2005, compliance date,
industry representatives told us that
some assumptions in the regulation
were not correct. This information was
not provided during the comment
period for Notice No. 00–09, or during
the 2-year period after the rules were
published. While we make every effort
to anticipate the complete impact of
regulatory proposals, one of the
purposes of the ‘‘notice and comment’’
process is to get information that we do
not have. When affected parties do not
comment on a regulation, or when they
do comment, but do not raise issues of
concern, we must assume the proposal
is accurate. In this case, we did not
receive inputs during the rulemaking
process that would have alerted us to
the issues. Nonetheless, now that we are
aware of the issues, we recognize that
further rulemaking is needed for several
reasons.
First, thermal/acoustic insulation is
used much more extensively in the
fuselage than we originally understood.
We did not consider whether compliant
replacement parts could be efficiently
produced for a significant number of
parts installed on airplane models that
are no longer in production.
Unfortunately, no comments were
received to address this provision, and
it was not until recently that the extent
of the difference between the actual
situation and the assumed situation
came to light.
Second, some materials needed to
comply with the new requirements cost
or weigh more than the materials they
replace. This is particularly true for
PO 00000
Frm 00003
Fmt 4701
Sfmt 4700
77749
materials that are used to insulate
certain equipment or provide acoustic
attenuation in specialized applications.
These materials are not replaced often,
but a significant redesign would be
required to adapt the associated parts to
comply with the new requirements.
Usually, these parts and materials are
not maintained in large quantities of
spares because they are not needed
often. However, spares might be
procured years in advance of the actual
need.
Third, some insulation is integral to
another part, and is not separately
identified as ‘‘insulation.’’ Thus, an
operator might inadvertently replace
insulation while replacing another
component and be out of compliance
with the applicable rule. The affected
component would not be readily
identified in the spares inventory as
being affected by the regulations
because its primary function and
identification were based on something
other than thermal/acoustic insulation.
Lastly, certain types of insulation we
thought were permanent are
occasionally replaced. Airframe
manufacturers reported that their
records of supplying replacement
insulation to operators showed they had
never provided replacements for certain
parts. However, in actual practice, many
operators fabricate their own
replacement insulation or procure it
from a third party, using data supplied
by the airframe manufacturer. All of
these issues are complicated for airplane
models that are no longer in production
and for which replacement parts are not
available from the original equipment
manufacturer.
The issues discussed above do not
apply to insulation ‘‘blankets.’’
Insulation blankets are defined as an
encapsulated assembly consisting of a
core insulating material and a moisture
barrier film or cover surrounding the
core. They represent the largest usage of
thermal/acoustic insulation in the
airplane and are, therefore, the most
significant from a fire safety standpoint.
Insulation blankets are most often used
against the airplane fuselage structure
but are also used around ducts and
under floor panels. The materials used
to construct compliant insulation
blankets are widely available and can be
readily adapted to different
applications, even for airplane models
no longer in production. The
flammability performance of insulation
blankets was the primary impetus
behind development of the new test
standards. The materials in insulation
blankets were one of the primary
materials intended to be covered by the
E:\FR\FM\30DER6.SGM
30DER6
77750
Federal Register / Vol. 70, No. 250 / Friday, December 30, 2005 / Rules and Regulations
wwhite on PROD1PC65 with RULES6
‘‘replacement’’ provision in the
regulation.
In addition, insulation around ducts
is significant for its potential fire safety
ramifications. Ducts are intended to
convey a fluid medium from one point
to others and, therefore, provide a
potential fire propagation path by their
nature. Because air ducts are the most
significant and common, we are limiting
the replacement provision in this
amendment to insulation air ducts only.
Therefore, other types of piping, or fluid
lines are no longer covered by the
replacement provision. These items,
which might otherwise be considered
ducts, are not included in this
amendment because they have very
specialized insulation needs, and
replacement parts are not readily
available. In addition, they tend to be
much smaller than air ducts and do not
use the large quantity of insulation that
was the target of the original proposal.
While some ducts and insulation are
integral, meaning that replacement of
the insulation includes the replacement
of the duct, many ducts are insulated
with separate materials. The July 2003
rule will continue to apply to those
ducts insulated with separate material.
However, insulation that is integral to
the duct and cannot be replaced without
replacing the duct, will no longer be
covered by the regulations for
replacement. This includes insulation
that is bonded or laminated to the
surface of the duct. Such insulation that
is the subject of airworthiness directives
must still be replaced in accordance
with those airworthiness directives.
This amendment changes only the
replacement portion of the July 2003
rule. This rule does not affect newly
manufactured airplanes. Airframe
manufacturers have worked diligently to
achieve compliance for newly
manufactured airplanes and all the
affected parts have been addressed.
However, for the reasons noted above, a
change is necessary to address
unforeseen issues with availability of
replacement parts for older airplanes.
Affect on Safety
This change does not have a
significant affect on safety. The original
intent of the ‘‘replacement’’ provision in
the regulations was to promote the
future production only of materials that
comply with 14 CFR 25.856(a) as
replacements. We understood that the
primary thermal/acoustic insulation
subject to replacement was of blanket
construction. The regulation was
worded generally however, and
therefore covered any type of thermal/
acoustic insulation when it is replaced.
As noted earlier, the most significant
VerDate Aug<31>2005
20:06 Dec 29, 2005
Jkt 208001
insulation from a fire safety standpoint
is insulation in blanket form, and
insulation on ducts. Replacement of
these materials with compliant
materials will reduce the potential for
fire propagation. However, for other,
less extensive materials, a piecemeal
replacement with compliant materials
has very little, if any safety benefit.
comply without the necessary design
information and, in some cases,
availability of appropriate materials.
Therefore, it is ‘‘impracticable’’ to
provide notice and opportunity to
comment.
Paperwork Reduction Act
There are no new requirements for
information collection associated with
this amendment.
Executive Order 12866, Regulatory
Planning and Review, directs the FAA
to assess both the costs and benefits of
a regulatory change. We are not allowed
to propose or adopt a regulation unless
we make a reasoned determination that
the benefits of the intended regulation
justify its costs. Our assessment of this
rule indicates its economic impact is
minimal. Since its costs and benefits do
not make it a ‘‘significant regulatory
action,’’ as defined in the Order, we
have not prepared a ‘‘regulatory impact
analysis.’’ Similarly, we have not
prepared a ‘‘regulatory evaluation,’’
which is the written cost/benefit
analysis ordinarily required for all
rulemaking under the DOT Regulatory
and Policies and Procedures. We do not
need to do the latter analysis where the
economic impact of a rule is minimal.
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
determined there are no ICAO
Standards and Recommended Practices
that correspond to these regulations.
Good Cause for Immediate Adoption
Sections 553(b)(3)(B) and 553(d)(3) of
the Administrative Procedures Act
(APA) (5 U.S.C. 553(b)(3)(B) and
553(d)(3)) authorize agencies to
dispense with certain notice procedures
for rules when they find ‘‘good cause’’
to do so. Under section 553(b)(3)(B), the
requirements of notice and opportunity
for comment do not apply when the
agency for good cause finds those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’ Section 553(d)(3) allows an
agency, upon finding good cause, to
make a rule effective immediately,
thereby avoiding the 30-day effective
date requirement in section 553.
The FAA finds notice and public
comment on this final rule are
impracticable. For the APA,
‘‘impracticable’’ means if notice and
comment procedures were followed,
they would defeat the purpose of the
rule. This final rule must be adopted
promptly to create the certainty and the
time needed by operators to schedule
and conduct maintenance, and to avoid
grounding of airplanes. Coordinating
and issuing rulemaking documents will
take time under current procedures. The
delay associated with notice and
comment would negate the relief offered
in this final rule, since operators would
have to incur great expense to prepare
for eventual replacement of thermal/
acoustic insulation and associated
components for which no current design
meeting the new standards exists.
Therefore, any delay in issuing this final
rule would subject affected operators to
confusion and the expense of trying to
PO 00000
Frm 00004
Fmt 4701
Sfmt 4700
Executive Order 12866 and DOT
Regulatory Policies and Procedures
Regulatory Evaluation, Regulatory
Flexibility Analysis, International 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 requires agencies to analyze the
economic impact of regulatory changes
on small entities. Third, the Trade
Agreements Act (19 U.S.C. 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 requires
agencies to consider international
standards and, where appropriate, to 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). This
portion of the preamble summarizes the
FAA’s analysis of the economic impacts
of this final rule.
E:\FR\FM\30DER6.SGM
30DER6
wwhite on PROD1PC65 with RULES6
Federal Register / Vol. 70, No. 250 / Friday, December 30, 2005 / Rules and Regulations
DOT Order 2100.5 prescribes policies
and procedures for simplification,
analysis, and review of regulations. If
the expected cost impact is so minimal
that a proposal does not warrant a full
evaluation, this order permits a
statement to that effect. The basis for the
minimal impact must 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 rule. The reasoning for that
determination follows.
This rule narrows the scope of the
requirement to use only replacement
thermal/acoustic insulation meeting the
standards adopted in 14 CFR 25.856(a)
for airplanes manufactured before
September 2, 2005. The original
requirement was sufficiently broad that
operators could have been out of
compliance, even without realizing it.
Those operators would have been
subject to fines and they would have
experienced maintenance schedule
disruptions. By narrowing the scope of
the requirement, operators can comply
with reasonable effort, and the safety
intent of the original rules is preserved.
Although we cannot provide a
quantitative estimate of the losses
resulting from the fines and
maintenance schedule disruptions, we
believe these would have been
significant. Further, there will be a
decrease in overall paperwork and costs
since fewer part numbers will have to be
tracked and updated. Finally operators
will be able to focus on the most
significant thermal/acoustic insulation
materials and ensure their inventories
are updated accordingly.
The FAA has, therefore, determined
this rulemaking action 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. In addition, the FAA
has determined that this rulemaking
action: (1) Will not have a significant
economic impact on a substantial
number of small entities; (2) will not
affect international trade; and (3) will
not impose an unfunded mandate on
State, local, or tribal governments, or on
the private sector.
This rule simply focuses the
compliance requirement for
replacement materials on those that
have a significant safety impact and
eliminates a burdensome requirement
on those replacement materials that do
not. Thus, this rule maintains the
benefits of the existing rule and reduces
costs.
VerDate Aug<31>2005
20:06 Dec 29, 2005
Jkt 208001
Regulatory Flexibility Analysis
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 consider
flexible regulatory proposals, to explain
the rationale for their actions, and to
solicit comments. 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 RFA.
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 RFA
provides 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 rule narrows the scope of the
requirement to use only replacement
thermal/acoustic insulation meeting the
standards adopted in 14 CFR 25.856(a),
for airplanes manufactured before
September 2, 2005. As the rule narrows
the scope of compliance, it provides
cost relief for airplane operators.
Therefore, as the FAA Administrator,
I certify that the rulemaking action will
not have a significant economic impact
on a substantial number of small
entities.
International Trade Impact Assessment
The Trade Agreements 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.
Legitimate domestic objectives, such as
safety, are not considered unnecessary
obstacles. The statute also requires
consideration of international standards
and, where appropriate, that these
international standards be the basis for
U.S. standards. The FAA has assessed
the potential effect of this rulemaking
PO 00000
Frm 00005
Fmt 4701
Sfmt 4700
77751
action and has determined that it will
provide cost relief for all United States
and foreign commercial operators of
United States registered airplanes. Thus
this rule reduces costs to both domestic
and international entities and has a
neutral trade impact.
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 an expenditure
of $100 million or more (adjusted
annually for inflation) in any one year
by State, local, and tribal governments,
in the aggregate, or by the private sector.
The FAA currently uses an inflationadjusted value of $120.7 million in lieu
of $100 million.
This final rule does not contain such
a mandate. The requirements of Title II
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. We therefore
determined that this final rule does not
have federalism implications.
Plain English
Executive Order 12866 (58 FR 51735,
Oct. 4, 1993) requires each agency to
write regulations that are simple and
easy to understand. We invite your
comments on how to make these
regulations easier to understand,
including answers to questions such as
the following:
• Are the requirements in the
regulation clearly stated?
• Does the regulation contain
technical language or jargon that
interferes with their clarity?
• Would the regulation be easier to
understand if it was divided into more
(but shorter) sections?
• Is the description in the preamble
helpful in understanding the regulation?
Please send your comments to the
address specified in the ADDRESSES
section.
E:\FR\FM\30DER6.SGM
30DER6
77752
Federal Register / Vol. 70, No. 250 / Friday, December 30, 2005 / Rules and Regulations
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 final
rule 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 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.
Lists of Subjects
14 CFR Part 91
§ 91.613 Materials for compartment
interiors.
*
*
*
*
*
(b) Thermal/acoustic insulation
materials. For transport category
airplanes type certificated after January
1, 1958:
(1) For airplanes manufactured before
September 2, 2005, when thermal/
acoustic insulation is installed in the
fuselage as replacements after
September 2, 2005, the insulation must
meet the flame propagation
requirements of § 25.856 of this chapter,
effective September 2, 2003, if it is:
(i) Of a blanket construction or
(ii) Installed around air ducting.
*
*
*
*
*
PART 121—OPERATING
REQUIREMENTS: DOMESTIC, FLAG,
AND SUPPLEMENTAL OPERATIONS
3. The authority citation for part 121
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 40119,
44101, 44701–44702, 44705, 44709–44711,
44713, 44716–44717, 44722, 44901, 44903–
44904, 44912, 46105.
4. Amend § 121.312 by revising
paragraph (e)(1) to read as follows:
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
I
14 CFR Part 121
Aircraft, Aviation safety, Reporting
and recordkeeping requirements, Safety,
Transportation.
§ 121.312
interiors.
*
14 CFR Part 125
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
14 CFR Part 135
Aircraft, Aviation safety, Reporting
and recordkeeping requirements.
The Amendments
In consideration of the foregoing, the
Federal Aviation Administration
amends Chapter 1 of Title 14 Code of
Federal Regulations, as follows:
I
Materials for compartment
*
*
*
*
(e) Thermal/acoustic insulation
materials. For transport category
airplanes type certificated after January
1, 1958:
(1) For airplanes manufactured before
September 2, 2005, when thermal/
acoustic insulation is installed in the
fuselage as replacements after
September 2, 2005, the insulation must
meet the flame propagation
requirements of § 25.856 of this chapter,
effective September 2, 2003, if it is:
(i) Of a blanket construction or
(ii) Installed around air ducting.
*
*
*
*
*
I
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120, 44101, 44111, 44701, 44709, 44711,
44712, 44715, 44716, 44717, 44722, 46306,
46315, 46316, 46502, 46504, 46506–46507,
47122, 47508, 47528–47531.
PART 125—CERTIFICATION AND
OPERATIONS: AIRPLANES HAVING A
SEATING CAPACITY OF 20 OR MORE
PASSENGERS OR A MAXIMUM
PAYLOAD CAPACITY OF 6,000
POUNDS OR MORE
I
PART 91—GENERAL OPERATING AND
FLIGHT RULES
1. The authority citation for part 91
continues to read as follows:
2. Amend § 91.613 by revising
paragraph (b)(1) to read as follows:
wwhite on PROD1PC65 with RULES6
I
VerDate Aug<31>2005
20:06 Dec 29, 2005
Jkt 208001
5. The authority citation for part 125
continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701–
44702, 44705, 44710–44711, 44713, 44716—
44717, 44722.
PO 00000
Frm 00006
Fmt 4701
Sfmt 4700
6. Amend § 125.113 by revising
paragraph (c)(1) to read as follows:
I
§ 125.113
Cabin interiors.
*
*
*
*
*
(c) Thermal/acoustic insulation
materials. For transport category
airplanes type certificated after January
1, 1958:
(1) For airplanes manufactured before
September 2, 2005, when thermal/
acoustic insulation is installed in the
fuselage as replacements after
September 2, 2005, the insulation must
meet the flame propagation
requirements of § 25.856 of this chapter,
effective September 2, 2003, if it is:
(i) of a blanket construction or
(ii) Installed around air ducting.
*
*
*
*
*
PART 135—OPERATING
REQUIREMENTS: COMMUTER AND
ON-DEMAND OPERATIONS AND
RULES GOVERNING PERSONS ON
BOARD SUCH AIRCRAFT
7. The authority citation for part 135
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40113, 44701–
44702, 44705, 44709, 44711–44713, 44715–
44717, 44722.
8. Amend § 135.170 by revising
paragraph (c)(1) to read as follows:
I
§ 135.170
interiors.
Materials for compartment
*
*
*
*
*
(c) Thermal/acoustic insulation
materials. For transport category
airplanes type certificated after January
1, 1958:
(1) For airplanes manufactured before
September 2, 2005, when thermal/
acoustic insulation is installed in the
fuselage as replacements after
September 2, 2005, the insulation must
meet the flame propagation
requirements of § 25.856 of this chapter,
effective September 2, 2003, if it is:
(i) Of a blanket construction, or
(ii) Installed around air ducting.
*
*
*
*
*
Issued in Washington, DC on December 22,
2005.
Marion C. Blakey,
Administrator.
[FR Doc. 05–24654 Filed 12–29–05; 8:45 am]
BILLING CODE 4910–13–P
E:\FR\FM\30DER6.SGM
30DER6
Agencies
[Federal Register Volume 70, Number 250 (Friday, December 30, 2005)]
[Rules and Regulations]
[Pages 77748-77752]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24654]
[[Page 77747]]
-----------------------------------------------------------------------
Part IX
Department of Transportation
-----------------------------------------------------------------------
Federal Aviation Administration
-----------------------------------------------------------------------
14 CFR Parts 91, 121, et al.
Thermal/Acoustic Insulation Installed on Transport Category Airplanes;
Final Rule
Federal Register / Vol. 70, No. 250 / Friday, December 30, 2005 /
Rules and Regulations
[[Page 77748]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 91, 121, 125 and 135
[Docket No.: FAA-2005-23462; Amendment Nos. 91-290, 121-320, 125-50,
and 135-103]
RIN 2120-AI64
Thermal/Acoustic Insulation Installed on Transport Category
Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This action modifies the requirements for improved
flammability characteristics of thermal/acoustic insulation used as
replacements on airplanes manufactured before September 2, 2005. The
FAA has recently been provided information that the rule will apply to
a much broader range of components in currently operating airplanes
than was originally intended. In addition, since publishing a final
rule on July 31, 2003, the FAA has learned that some requirements for
improved flammability covered materials do not have a significant
effect on airplane fire safety. Further, in many cases, compliant
replacements are not readily available. This action focuses the
requirements on replacement materials that have a greater effect on
safety and are readily available, and is necessary to avoid grounding
of airplanes.
DATES: This final rule is effective on January 30, 2006. Send your
comments by February 28, 2006.
ADDRESSES: Address your comments to the Docket Management System, U.S.
Department of Transportation, Room Plaza 401, 400 Seventh Street, SW.,
Washington, DC 20590-0001. You must identify the docket number FAA-
2005-23462 at the beginning of your comments, and you should submit two
copies of your comments.
You may also submit comments through the Internet to http://
dms.dot.gov. You may review the public docket containing comments to
these regulations in person in the Dockets Office between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays. The Dockets
Office is on the plaza level of the NASSIF Building at the Department
of Transportation at the above address. Also, you may review public
dockets on the Internet at http://dms.dot.gov.
Privacy: We will post all comments we receive, without change, to
http://dms.dot.gov, including any personal information you provide. For
more information, see the Privacy Act discussion in the SUPPLEMENTARY
INFORMATION section of this document.
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: Jeff Gardlin, FAA Airframe and Cabin
Safety Branch, ANM-115, Transport Airplane Directorate, Aircraft
Certification Service, 1601 Lind Avenue, SW., Renton, Washington 98055-
4056; telephone (425) 227-2136, facsimile (425) 227-1149, e-mail:
jeff.gardlin@faa.gov.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA is adopting this final rule without prior notice and prior
public comment. The Regulatory Policies and Procedures of the
Department of Transportation (DOT) (44 FR 1134; February 26, 1979),
however, provide that, to the maximum extent possible, operating
administrations of the DOT should provide an opportunity for public
comment on regulations issued without prior notice. Accordingly, we
invite interested persons to participate in this rulemaking by
submitting such written data, views, or arguments, as they may desire.
We also invite comments relating to environmental, energy, federalism,
or international trade impacts that might result from this amendment.
Please include the regulatory docket or amendment number and send two
copies to the address above. We will file comments received, as well as
a report summarizing each substantive public contact with FAA personnel
on this rulemaking, in the public docket. The docket is available for
public inspection before and after the comment closing date.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (65 FR 19477) or you may visit http://dms.dot.gov.
The FAA will consider all comments received on or before the
closing date for comments. We will consider late comments to the extent
practicable. We may amend this final rule because of the comments
received.
Commenters who want the FAA to acknowledge receipt of their
comments submitted in response to this final rule must include a
preaddressed, stamped postcard with those comments on which the
following statement is made: ``Comments to Docket No. FAA-2005-23462.''
The postcard will be date-stamped by the FAA and mailed to the
commenter.
Proprietary or Confidential Business Information
You should not file in the docket any information that you consider
to be proprietary or confidential business information. Instead, you
should send or deliver that information directly to the person
identified under FOR FURTHER INFORMATION CONTACT. You must mark the
information that you consider proprietary or confidential. If you send
the information on a disk or CD ROM, mark the outside of the disk or CD
ROM and also identify electronically within the disk or CD ROM the
specific information that is proprietary or confidential.
Under Title 14 Code of Federal Regulations (CFR) 11.35(b), when we
are aware of proprietary information filed with a comment, we do not
place it in the docket. We hold it in a separate file to which the
public does not have access and place a note in the docket that we have
received it. If we receive a request to examine or copy this
information, we treat it as any other request under the Freedom of
Information Act (5 U.S.C. 552). We process such a request under the DOT
procedures found in 49 CFR part 7.
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 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 or amendment number of this
rulemaking.
[[Page 77749]]
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. Therefore, any small entity that has a question regarding
this document may contact their local FAA official, or the person
listed under FOR FURTHER INFORMATION CONTACT. You can find out more
about SBREFA on the Internet at our site, http://www.faa.gov/
regulations_policies/rulemaking/sbre_act/.
Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
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. This regulation is within the scope of that
authority, because it prescribes new safety standards for the design of
transport category airplanes.
Background
Previous Rulemaking
On September 20, 2000, we published Notice No. 00-09, which
proposed to upgrade the flammability and fire protection standards for
thermal/acoustic insulation installed in transport category airplanes
(65 FR 56992). The notice contained a provision that would require
thermal/acoustic insulation to comply with the proposed new standards
when used as replacements on airplanes already in service, as well as
requirements relating to newly manufactured airplanes. Notice No. 00-09
stated:
Amendments to parts 91, 121, 125, and 135 are proposed to
require that insulation materials, when installed as replacements,
meet the new flame propagation test requirements of Sec. 25.856.
This proposal would provide for the gradual attrition of earlier
materials. Since there are existing materials that meet the proposed
standards, and since those materials cost and weigh no more than
other materials, this should result in no additional cost to
operators.
While some commenters questioned whether there was any safety
benefit in this provision, no commenters presented any information or
data to contradict the assumptions made in establishing the provision.
The requirement was adopted in the final rule, published on July 31,
2003, in Sec. Sec. 91.613(b)(1), 121.312(e)(1), 125.113(c)(1), and
135.170(c)(1) (68 FR 45046). Operators were required to use replacement
insulation materials meeting the requirements of Sec. 25.856 after
September 2, 2005. Our goal was to purge (operator and supplier) stocks
of materials not meeting the new standards and encourage production of
only those materials meeting the new standards. Because materials
meeting the new standards were already available, the rule attributed
no additional costs to this aspect of the requirements.
Basis of This Change
Following publication of the fnal rule, and the associated Advisory
Circular (AC) 25.856-1, and shortly before the September 2, 2005,
compliance date, industry representatives told us that some assumptions
in the regulation were not correct. This information was not provided
during the comment period for Notice No. 00-09, or during the 2-year
period after the rules were published. While we make every effort to
anticipate the complete impact of regulatory proposals, one of the
purposes of the ``notice and comment'' process is to get information
that we do not have. When affected parties do not comment on a
regulation, or when they do comment, but do not raise issues of
concern, we must assume the proposal is accurate. In this case, we did
not receive inputs during the rulemaking process that would have
alerted us to the issues. Nonetheless, now that we are aware of the
issues, we recognize that further rulemaking is needed for several
reasons.
First, thermal/acoustic insulation is used much more extensively in
the fuselage than we originally understood. We did not consider whether
compliant replacement parts could be efficiently produced for a
significant number of parts installed on airplane models that are no
longer in production. Unfortunately, no comments were received to
address this provision, and it was not until recently that the extent
of the difference between the actual situation and the assumed
situation came to light.
Second, some materials needed to comply with the new requirements
cost or weigh more than the materials they replace. This is
particularly true for materials that are used to insulate certain
equipment or provide acoustic attenuation in specialized applications.
These materials are not replaced often, but a significant redesign
would be required to adapt the associated parts to comply with the new
requirements. Usually, these parts and materials are not maintained in
large quantities of spares because they are not needed often. However,
spares might be procured years in advance of the actual need.
Third, some insulation is integral to another part, and is not
separately identified as ``insulation.'' Thus, an operator might
inadvertently replace insulation while replacing another component and
be out of compliance with the applicable rule. The affected component
would not be readily identified in the spares inventory as being
affected by the regulations because its primary function and
identification were based on something other than thermal/acoustic
insulation.
Lastly, certain types of insulation we thought were permanent are
occasionally replaced. Airframe manufacturers reported that their
records of supplying replacement insulation to operators showed they
had never provided replacements for certain parts. However, in actual
practice, many operators fabricate their own replacement insulation or
procure it from a third party, using data supplied by the airframe
manufacturer. All of these issues are complicated for airplane models
that are no longer in production and for which replacement parts are
not available from the original equipment manufacturer.
The issues discussed above do not apply to insulation ``blankets.''
Insulation blankets are defined as an encapsulated assembly consisting
of a core insulating material and a moisture barrier film or cover
surrounding the core. They represent the largest usage of thermal/
acoustic insulation in the airplane and are, therefore, the most
significant from a fire safety standpoint. Insulation blankets are most
often used against the airplane fuselage structure but are also used
around ducts and under floor panels. The materials used to construct
compliant insulation blankets are widely available and can be readily
adapted to different applications, even for airplane models no longer
in production. The flammability performance of insulation blankets was
the primary impetus behind development of the new test standards. The
materials in insulation blankets were one of the primary materials
intended to be covered by the
[[Page 77750]]
``replacement'' provision in the regulation.
In addition, insulation around ducts is significant for its
potential fire safety ramifications. Ducts are intended to convey a
fluid medium from one point to others and, therefore, provide a
potential fire propagation path by their nature. Because air ducts are
the most significant and common, we are limiting the replacement
provision in this amendment to insulation air ducts only. Therefore,
other types of piping, or fluid lines are no longer covered by the
replacement provision. These items, which might otherwise be considered
ducts, are not included in this amendment because they have very
specialized insulation needs, and replacement parts are not readily
available. In addition, they tend to be much smaller than air ducts and
do not use the large quantity of insulation that was the target of the
original proposal.
While some ducts and insulation are integral, meaning that
replacement of the insulation includes the replacement of the duct,
many ducts are insulated with separate materials. The July 2003 rule
will continue to apply to those ducts insulated with separate material.
However, insulation that is integral to the duct and cannot be replaced
without replacing the duct, will no longer be covered by the
regulations for replacement. This includes insulation that is bonded or
laminated to the surface of the duct. Such insulation that is the
subject of airworthiness directives must still be replaced in
accordance with those airworthiness directives.
This amendment changes only the replacement portion of the July
2003 rule. This rule does not affect newly manufactured airplanes.
Airframe manufacturers have worked diligently to achieve compliance for
newly manufactured airplanes and all the affected parts have been
addressed. However, for the reasons noted above, a change is necessary
to address unforeseen issues with availability of replacement parts for
older airplanes.
Affect on Safety
This change does not have a significant affect on safety. The
original intent of the ``replacement'' provision in the regulations was
to promote the future production only of materials that comply with 14
CFR 25.856(a) as replacements. We understood that the primary thermal/
acoustic insulation subject to replacement was of blanket construction.
The regulation was worded generally however, and therefore covered any
type of thermal/acoustic insulation when it is replaced. As noted
earlier, the most significant insulation from a fire safety standpoint
is insulation in blanket form, and insulation on ducts. Replacement of
these materials with compliant materials will reduce the potential for
fire propagation. However, for other, less extensive materials, a
piecemeal replacement with compliant materials has very little, if any
safety benefit.
Paperwork Reduction Act
There are no new requirements for information collection associated
with this amendment.
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
determined there are no ICAO Standards and Recommended Practices that
correspond to these regulations.
Good Cause for Immediate Adoption
Sections 553(b)(3)(B) and 553(d)(3) of the Administrative
Procedures Act (APA) (5 U.S.C. 553(b)(3)(B) and 553(d)(3)) authorize
agencies to dispense with certain notice procedures for rules when they
find ``good cause'' to do so. Under section 553(b)(3)(B), the
requirements of notice and opportunity for comment do not apply when
the agency for good cause finds those procedures are ``impracticable,
unnecessary, or contrary to the public interest.'' Section 553(d)(3)
allows an agency, upon finding good cause, to make a rule effective
immediately, thereby avoiding the 30-day effective date requirement in
section 553.
The FAA finds notice and public comment on this final rule are
impracticable. For the APA, ``impracticable'' means if notice and
comment procedures were followed, they would defeat the purpose of the
rule. This final rule must be adopted promptly to create the certainty
and the time needed by operators to schedule and conduct maintenance,
and to avoid grounding of airplanes. Coordinating and issuing
rulemaking documents will take time under current procedures. The delay
associated with notice and comment would negate the relief offered in
this final rule, since operators would have to incur great expense to
prepare for eventual replacement of thermal/acoustic insulation and
associated components for which no current design meeting the new
standards exists. Therefore, any delay in issuing this final rule would
subject affected operators to confusion and the expense of trying to
comply without the necessary design information and, in some cases,
availability of appropriate materials. Therefore, it is
``impracticable'' to provide notice and opportunity to comment.
Executive Order 12866 and DOT Regulatory Policies and Procedures
Executive Order 12866, Regulatory Planning and Review, directs the
FAA to assess both the costs and benefits of a regulatory change. We
are not allowed to propose or adopt a regulation unless we make a
reasoned determination that the benefits of the intended regulation
justify its costs. Our assessment of this rule indicates its economic
impact is minimal. Since its costs and benefits do not make it a
``significant regulatory action,'' as defined in the Order, we have not
prepared a ``regulatory impact analysis.'' Similarly, we have not
prepared a ``regulatory evaluation,'' which is the written cost/benefit
analysis ordinarily required for all rulemaking under the DOT
Regulatory and Policies and Procedures. We do not need to do the latter
analysis where the economic impact of a rule is minimal.
Regulatory Evaluation, Regulatory Flexibility Analysis, International
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 requires agencies to analyze the
economic impact of regulatory changes on small entities. Third, the
Trade Agreements Act (19 U.S.C. 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 requires agencies to consider international standards and, where
appropriate, to 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). This portion of the preamble
summarizes the FAA's analysis of the economic impacts of this final
rule.
[[Page 77751]]
DOT Order 2100.5 prescribes policies and procedures for
simplification, analysis, and review of regulations. If the expected
cost impact is so minimal that a proposal does not warrant a full
evaluation, this order permits a statement to that effect. The basis
for the minimal impact must 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 rule. The reasoning for that
determination follows.
This rule narrows the scope of the requirement to use only
replacement thermal/acoustic insulation meeting the standards adopted
in 14 CFR 25.856(a) for airplanes manufactured before September 2,
2005. The original requirement was sufficiently broad that operators
could have been out of compliance, even without realizing it. Those
operators would have been subject to fines and they would have
experienced maintenance schedule disruptions. By narrowing the scope of
the requirement, operators can comply with reasonable effort, and the
safety intent of the original rules is preserved. Although we cannot
provide a quantitative estimate of the losses resulting from the fines
and maintenance schedule disruptions, we believe these would have been
significant. Further, there will be a decrease in overall paperwork and
costs since fewer part numbers will have to be tracked and updated.
Finally operators will be able to focus on the most significant
thermal/acoustic insulation materials and ensure their inventories are
updated accordingly.
The FAA has, therefore, determined this rulemaking action 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. In addition, the FAA has determined
that this rulemaking action: (1) Will not have a significant economic
impact on a substantial number of small entities; (2) will not affect
international trade; and (3) will not impose an unfunded mandate on
State, local, or tribal governments, or on the private sector.
This rule simply focuses the compliance requirement for replacement
materials on those that have a significant safety impact and eliminates
a burdensome requirement on those replacement materials that do not.
Thus, this rule maintains the benefits of the existing rule and reduces
costs.
Regulatory Flexibility Analysis
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
consider flexible regulatory proposals, to explain the rationale for
their actions, and to solicit comments. 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 RFA.
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 RFA provides 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 rule narrows the scope of the requirement to use only
replacement thermal/acoustic insulation meeting the standards adopted
in 14 CFR 25.856(a), for airplanes manufactured before September 2,
2005. As the rule narrows the scope of compliance, it provides cost
relief for airplane operators.
Therefore, as the FAA Administrator, I certify that the rulemaking
action will not have a significant economic impact on a substantial
number of small entities.
International Trade Impact Assessment
The Trade Agreements 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. Legitimate domestic objectives, such as safety, are not
considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
these international standards be the basis for U.S. standards. The FAA
has assessed the potential effect of this rulemaking action and has
determined that it will provide cost relief for all United States and
foreign commercial operators of United States registered airplanes.
Thus this rule reduces costs to both domestic and international
entities and has a neutral trade impact.
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 an expenditure of $100 million or more (adjusted
annually for inflation) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector. The FAA
currently uses an inflation-adjusted value of $120.7 million in lieu of
$100 million.
This final rule does not contain such a mandate. The requirements
of Title II 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. We therefore determined that this final rule does not have
federalism implications.
Plain English
Executive Order 12866 (58 FR 51735, Oct. 4, 1993) requires each
agency to write regulations that are simple and easy to understand. We
invite your comments on how to make these regulations easier to
understand, including answers to questions such as the following:
Are the requirements in the regulation clearly stated?
Does the regulation contain technical language or jargon
that interferes with their clarity?
Would the regulation be easier to understand if it was
divided into more (but shorter) sections?
Is the description in the preamble helpful in
understanding the regulation?
Please send your comments to the address specified in the ADDRESSES
section.
[[Page 77752]]
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 final rule 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 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.
Lists of Subjects
14 CFR Part 91
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
14 CFR Part 121
Aircraft, Aviation safety, Reporting and recordkeeping
requirements, Safety, Transportation.
14 CFR Part 125
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
14 CFR Part 135
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
The Amendments
0
In consideration of the foregoing, the Federal Aviation Administration
amends Chapter 1 of Title 14 Code of Federal Regulations, as follows:
PART 91--GENERAL OPERATING AND FLIGHT RULES
0
1. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120, 44101, 44111,
44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306,
46315, 46316, 46502, 46504, 46506-46507, 47122, 47508, 47528-47531.
0
2. Amend Sec. 91.613 by revising paragraph (b)(1) to read as follows:
Sec. 91.613 Materials for compartment interiors.
* * * * *
(b) Thermal/acoustic insulation materials. For transport category
airplanes type certificated after January 1, 1958:
(1) For airplanes manufactured before September 2, 2005, when
thermal/acoustic insulation is installed in the fuselage as
replacements after September 2, 2005, the insulation must meet the
flame propagation requirements of Sec. 25.856 of this chapter,
effective September 2, 2003, if it is:
(i) Of a blanket construction or
(ii) Installed around air ducting.
* * * * *
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
0
3. The authority citation for part 121 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44702,
44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-44904,
44912, 46105.
0
4. Amend Sec. 121.312 by revising paragraph (e)(1) to read as follows:
Sec. 121.312 Materials for compartment interiors.
* * * * *
(e) Thermal/acoustic insulation materials. For transport category
airplanes type certificated after January 1, 1958:
(1) For airplanes manufactured before September 2, 2005, when
thermal/acoustic insulation is installed in the fuselage as
replacements after September 2, 2005, the insulation must meet the
flame propagation requirements of Sec. 25.856 of this chapter,
effective September 2, 2003, if it is:
(i) Of a blanket construction or
(ii) Installed around air ducting.
* * * * *
PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF
6,000 POUNDS OR MORE
0
5. The authority citation for part 125 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44710-
44711, 44713, 44716--44717, 44722.
0
6. Amend Sec. 125.113 by revising paragraph (c)(1) to read as follows:
Sec. 125.113 Cabin interiors.
* * * * *
(c) Thermal/acoustic insulation materials. For transport category
airplanes type certificated after January 1, 1958:
(1) For airplanes manufactured before September 2, 2005, when
thermal/acoustic insulation is installed in the fuselage as
replacements after September 2, 2005, the insulation must meet the
flame propagation requirements of Sec. 25.856 of this chapter,
effective September 2, 2003, if it is:
(i) of a blanket construction or
(ii) Installed around air ducting.
* * * * *
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
0
7. The authority citation for part 135 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44705, 44709,
44711-44713, 44715-44717, 44722.
0
8. Amend Sec. 135.170 by revising paragraph (c)(1) to read as follows:
Sec. 135.170 Materials for compartment interiors.
* * * * *
(c) Thermal/acoustic insulation materials. For transport category
airplanes type certificated after January 1, 1958:
(1) For airplanes manufactured before September 2, 2005, when
thermal/acoustic insulation is installed in the fuselage as
replacements after September 2, 2005, the insulation must meet the
flame propagation requirements of Sec. 25.856 of this chapter,
effective September 2, 2003, if it is:
(i) Of a blanket construction, or
(ii) Installed around air ducting.
* * * * *
Issued in Washington, DC on December 22, 2005.
Marion C. Blakey,
Administrator.
[FR Doc. 05-24654 Filed 12-29-05; 8:45 am]
BILLING CODE 4910-13-P