Extended Operations (ETOPS) of Multi Engine Airplanes, 8796-8798 [E8-2879]
Download as PDF
8796
Federal Register / Vol. 73, No. 32 / Friday, February 15, 2008 / Rules and Regulations
upward from the surface is required to
encompass all SIAPs and for the safety
of IFR operations at Muldrow Army
Heliport. Designations for Class E
airspace areas extending upward from
the surface of the earth are published in
the FAA Order 7400.9R, signed August
15, 2007 and effective September 15,
2007, which is incorporated by
reference in 14 CFR Part 71.1. Class E
designations listed in this document
will be published subsequently in the
Order.
rwilkins on PROD1PC63 with RULES
Agency Findings
The regulations adopted herein will
not have substantial direct effects on the
States, on the relationship between the
national government and the States, or
on the distribution of power and
responsibilities among various levels of
government. Therefore, it is determined
that this final rule does not have
federalism implication under Executive
Order 13132.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore, (1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
Regulatory Evaluation as the anticipated
impact is so minimal since this is a
routine matter that will only affect air
traffic procedures and air navigation. It
is certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
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 I, section 40103.
Under that section, the FAA is charged
with prescribing regulations to assign
the use of airspace necessary to ensure
the safety of aircraft and the efficient
use of airspace. This regulation is
within the scope of that authority as it
establishes Class E airspace at Muldrow
Army Heliport, Lexington, OK.
VerDate Aug<31>2005
16:50 Feb 14, 2008
Jkt 214001
Lists of Subjects in 14 CFR Part 71
DEPARTMENT OF TRANSPORTATION
Airspace, Incorporation by reference,
Navigation (Air).
Federal Aviation Administration
Adoption of the Amendment
14 CFR Part 135
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
I
PART 71—DESIGNATION OF CLASS A,
B, C, D AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for part 71
continues to read as follows:
I
Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
Amended
2. The incorporation by reference in
14 CFR 71.1 of Federal Aviation
Administration Order 7400.9R, Airspace
Designation and Reporting Points,
signed August 15, 2007, and effective
September 15, 2007, is amended as
follows:
I
Paragraph 6002 Class E2 airspace areas
extending upward from the surface of the
earth.
*
*
*
ASW OK E2
*
*
Lexington, OK [New]
Muldrow Army Heliport, OK
(Lat. 35°01′58″ N., long. 97°13′90″ W.)
That airspace extending upward from the
surface to and including 3,600 feet above
mean sea level (MSL) within a 3.7-mile
radius of the Muldrow Army Heliport, OK;
and within 3 miles each side of the Muldrow
175° Copter RNAV (GPS) approach course
extending from the 3.7-mile radius north 6.8
miles. This airspace is effective during
specific dates and times established in
advance by Notice to Airmen. The effective
date and time will thereafter be continuously
published in the Airport/Facility Directory.
*
*
*
*
*
Issued in Fort Worth, TX, on January 4,
2008.
Donald R. Smith,
Manager, System Support Group, ATO
Central Service Center.
[FR Doc. 08–662 Filed 2–14–08; 8:45 am]
BILLING CODE 4910–13–M
PO 00000
[Docket No. FAA–1999–6717; Amendment
No. 135–112]
RIN 2120–AI03
Extended Operations (ETOPS) of Multi
Engine Airplanes
Federal Aviation
Administration, DOT.
ACTION: Final rule; delay of compliance
dates.
AGENCY:
SUMMARY: The Federal Aviation
Administration (FAA) is delaying the
compliance date for certain sections of
a final rule, published January 16, 2007,
that established regulations governing
the design, operation, and maintenance
of certain airplanes operated on flights
that fly over 180 minutes from an
adequate airport. The extension of the
compliance date is necessary to give
operators additional time to gain a
comprehensive understanding of
Extended Operations (ETOPS)
requirements, develop training and
procedures, and implement safety
measures established in the final rule. In
addition, the regulatory text for certain
sections is amended to reflect this delay
of compliance dates.
DATES: Effective Dates: The effective
date for the amendments in this final
rule is February 15, 2008.
Compliance Dates: The compliance
date contained in the Final Rule (72 FR
1808), for §§ 135.98, 135.345(a)(9), and
135.364, section G135.2.1 of appendix G
to part 135, and section G135.2.9 of
appendix G to part 135 is delayed by
180 days, from February 16, 2008, to
August 13, 2008. The delay of
compliance dates for these specific
sections of the Final Rule does not affect
any other compliance date established
in Table 2 of Section VI of the preamble
to the Final Rule.
FOR FURTHER INFORMATION CONTACT: Jim
Ryan, Air Carrier Operations Branch
(AFS–220), Air Transportation Division,
Flight Standards Service, Federal
Aviation Administration, 800
Independence Ave., SW., Washington,
DC 20591, Telephone (202–267–7493),
E-Mail jim.ryan@faa.gov.
SUPPLEMENTARY INFORMATION:
Availability of Rulemaking Documents
You can get an electronic copy of
rulemaking documents using the
Internet by—
1. Searching the Federal eRulemaking
Portal (https://www.regulations.gov);
Frm 00010
Fmt 4700
Sfmt 4700
E:\FR\FM\15FER1.SGM
15FER1
Federal Register / Vol. 73, No. 32 / Friday, February 15, 2008 / Rules and Regulations
2. Visiting the FAA’s Regulations and
Policies Web page at https://
www.faa.gov/regulations_policies/; or
3. Accessing the Government Printing
Office’s Web page at https://
www.gpoaccess.gov/fr/.
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 amendment number or
docket number of this rulemaking.
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 (Volume 65, Number 70; Pages
19477–78), or you may visit https://
DocketInfo.dot.gov.
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 FOR FURTHER
INFORMATION CONTACT. You can find out
more about SBREFA on the Internet at
https://www.faa.gov/
regulations_policies/rulemaking/
sbre_act/.
rwilkins on PROD1PC63 with RULES
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
I, 49 U.S.C. 44701. Under that section,
the FAA is charged with regulating air
commerce in a way that best promotes
safety.
Background
The Extended Operations of Multi
Engine Airplanes (ETOPS) Final Rule
(72 FR 1808) established regulations
governing the design, operation, and
maintenance of certain airplanes
operated on flights that fly long
distances from an adequate airport. The
VerDate Aug<31>2005
16:50 Feb 14, 2008
Jkt 214001
final rule affected aircraft operators
under 14 CFR parts 121 and 135, as well
as manufacturers under 14 CFR parts 21,
25, and 33. The Final Rule, published
January 16, 2007, establishes a
compliance schedule for affected
operators and manufacturers that was
designed to ease the burden of
compliance and make the rule less
costly. The FAA established a
compliance date of 1 year for part 135
operators to meet the operational and
training requirements of the final rule.
For cargo fire suppression, the final rule
allows 8 years for currently approved
part 135 ETOPS operators to comply. In
that final rule, the FAA published
commenters’ observations that ‘‘There is
no FAA guidance for, and FAA
Inspectors have not approved, any part
135 ETOPS flights’’ (72 FR 1849).
Previous FAA guidance has addressed
ETOPS operations for 121 operators. In
December 1998, the FAA published
Advisory Circular (AC) 120–42A,
Extended Range Operation with TwoEngine Airplanes. This AC contained
guidance for operators under part 121
who wished to engage in ETOPS
operations. Based on this guidance, part
121 operators have been conducting safe
and successful ETOPS flights for over 20
years. Until the final rule was published
on January 16, 2007, part 135 operators
did not need FAA approval for ETOPS
flights. Because the final rule establishes
new requirements for part 135
operations, the FAA intends to support
successful implementation of the
operational and training requirements in
the final rule for part 135 operations by
publishing an AC that addresses the
requirements for part 135 operators. On
September 17, 2007, the FAA published
and invited comment on two draft ACs,
draft AC 120–42B for part 121 operators
and draft AC 135–42 for part 135
operators (FAA–2002–6717, https://
dms.dot.gov).
The FAA has determined that the
current guidance available for part 121
operators regarding ETOPS flights is
sufficient for part 121 operators to meet
the compliance schedule in the final
rule. However, because the ETOPS
requirements in the final rule are new
for part 135 operators, the FAA has
determined that it is appropriate to
delay compliance for certain part 135
operational and training requirements
(i.e. §§ 135.98, 135.345(a)(9), 135.364,
section G135.2.1 of appendix G to part
135, and section G135.2.9 of appendix
G to part 135) until after the guidance
in AC 135–42 is published. The delay of
the compliance date is necessary to give
part 135 operators additional time to
gain a comprehensive understanding of
ETOPS requirements, develop training
PO 00000
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Fmt 4700
Sfmt 4700
8797
and procedures, and implement the
safety measures established in the Final
Rule.
Good Cause for Foregoing Public Notice
and Comment
Section 553(b)(3)(B) of the
Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), authorizes 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 that those
procedures are ‘‘impracticable,
unnecessary, or contrary to the public
interest.’’
In this case, the FAA finds that notice
and public comment are unnecessary
and contrary to the public interest. This
action delays the compliance date for
several sections of the final rule
published January 16, 2007. We issued
those regulations using the public notice
and comment procedure. In that final
rule, we published commenters’
observations that ‘‘There is no FAA
guidance for, and FAA inspectors have
not approved, any part 135 ETOPS
flights’’ (72 FR 1849). The FAA intends
to support successful implementation of
the operational and training
requirements in the final rule for part
135 operations by publishing an
Advisory Circular that addresses these
requirements. On September 17, 2007,
the FAA published and invited
comment on draft AC 135–42 for part
135 operators (FAA–1999–6717, https://
www.regulations.gov).
The FAA has determined that it is
contrary to the public interest to require
part 135 operators to comply with the
requirements of the final rule until AC
135–42 is published. The FAA has
determined that notice and public
comment are unnecessary because the
public has already commented that FAA
guidance is necessary for part 135
operators. The public is best served by
delaying the compliance date for the
part 135 operational and training
requirements in the rule to allow time
for publication of the AC, which will
provide part 135 operators with a
comprehensive understanding of ETOPS
requirements.
Good Cause for Immediate Adoption
Since the delay in the compliance
date of the final rule does not impose
any new requirements or any additional
burden on the regulated public, the FAA
finds that good cause exists for
immediate adoption of the compliance
date without a 30-day notice period.
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8798
Federal Register / Vol. 73, No. 32 / Friday, February 15, 2008 / Rules and Regulations
The Effect of Our Decision
Our decision delays the compliance
date of certain sections of the final rule
(72 FR 1809, January 15, 2007),
§§ 135.98, 135.345(a)(9), and 135.364,
section G135.2.1 of appendix G to part
135, and section G135.2.9 of appendix
G to part 135, from February 16, 2008,
to August 13, 2008.
List of Subjects in 14 CFR Part 135
Air taxis, Aircraft, Airmen, Alcohol
abuse, Aviation safety, Drug abuse, Drug
testing, Reporting and recordkeeping
requirements.
than two engines, on a planned route
that exceeds 180 minutes flying time (at
the one-engine-inoperative cruise speed
under standard conditions in still air)
from an Adequate Airport outside the
continental United States unless the
operation is approved by the FAA in
accordance with Appendix G of this
part, Extended Operations (ETOPS).
I 5. Revise the introductory text of
section G135.2.1, and section G135.2.9,
of appendix G to part 135 to read as
follows:
Appendix G to Part 135—Extended
Operations (ETOPS)
The Amendment
*
In consideration of the foregoing, the
Federal Aviation Administration
amends Chapter I of Title 14, Code of
Federal Regulations as follows:
G135.2 Requirements.
G135.2.1 General. After August 13, 2008,
no certificate holder may operate an airplane,
other than an all-cargo airplane with more
than two engines, outside the continental
United States more than 180 minutes flying
time (at the one-engine-inoperative cruise
speed under standard conditions in still air)
from an airport described in § 135.364
unless—
I
PART 135—OPERATING
REQUIREMENTS; COMMUTER AND
ON DEMAND OPERATION AND RULES
GOVERNING PERSONS ON BOARD
SUCH AIRCRAFT
1. The authority citation for part 135
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 41706, 44113,
44701–44702, 44705, 44709, 44711–44713,
44715–44717, 44722.
2. Amend § 135.98 by revising the
introductory text to read as follows:
I
§ 135.98
Area.
Operations in the North Polar
§ 135.345 Pilots: Initial, transition, and
upgrade ground training.
*
*
*
*
(a) * * *
(9) After August 13, 2008, passenger
recovery plan for any passenger-carrying
operation (other than intrastate
operations wholly within the state of
Alaska) in the North Polar area; and
*
*
*
*
*
I 4. Revise § 135.364 to read as follows:
rwilkins on PROD1PC63 with RULES
*
§ 135.364 Maximum flying time outside the
United States.
After August 13, 2008, no certificate
holder may operate an airplane, other
than an all-cargo airplane with more
16:50 Feb 14, 2008
Jkt 214001
*
*
*
*
*
*
*
G135.2.9 Delayed compliance date for all
airplanes. A certificate holder need not
comply with this appendix for any airplane
until August 13, 2008.
Issued in Washington, DC, on February 11,
2008.
Rebecca Byers MacPherson,
Assistant Chief Counsel for Regulations.
[FR Doc. E8–2879 Filed 2–14–08; 8:45 am]
BILLING CODE 4910–13–P
After August 13, 2008, no certificate
holder may operate an aircraft in the
region north of 78° N latitude (‘‘North
Polar Area’’), other than intrastate
operations wholly within the state of
Alaska, unless authorized by the FAA.
The certificate holder’s operation
specifications must include the
following:
*
*
*
*
*
I 3. Amend § 135.345 by revising
paragraph (a)(9) to read as follows:
VerDate Aug<31>2005
*
*
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9381]
RIN 1545–BF79
TIPRA Amendments to Section 199
Internal Revenue Service (IRS),
Treasury.
ACTION: Final regulations.
AGENCY:
SUMMARY: This document contains final
regulations concerning the amendments
made by the Tax Increase Prevention
and Reconciliation Act of 2005 to
section 199 of the Internal Revenue
Code. The final regulations also contain
a rule concerning the use of losses
incurred by members of an expanded
affiliated group. Section 199 provides a
deduction for income attributable to
domestic production activities. The
final regulations affect taxpayers
engaged in certain domestic production
activities.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
Effective Date: These regulations
are effective February 15, 2008.
Applicability Date: For dates of
applicability, see § 1.199–8(i)(5) and (6).
FOR FURTHER INFORMATION CONTACT:
Concerning §§ 1.199–2(e)(2) and 1.199–
8(i)(5), Paul Handleman or David
McDonnell, (202) 622–3040; concerning
§§ 1.199–3(i)(7) and (8), and 1.199–5,
William Kostak, (202) 622–3060; and
concerning §§ 1.199–7(b)(4) and 1.199–
8(i)(6), Ken Cohen, (202) 622–7790 (not
toll-free numbers).
SUPPLEMENTARY INFORMATION:
DATES:
Background
This document provides rules relating
to the deduction for income attributable
to domestic production activities under
section 199 of the Internal Revenue
Code (Code). Section 199 was added to
the Code by section 102 of the American
Jobs Creation Act of 2004 (Pub. L. 108–
357, 118 Stat. 1418), and amended by
section 403(a) of the Gulf Opportunity
Zone Act of 2005 (Pub. L. 109–135, 119
Stat. 25), section 514 of the Tax Increase
Prevention and Reconciliation Act of
2005 (Pub. L. 109–222, 120 Stat. 345)
(TIPRA), and section 401 of the Tax
Relief and Health Care Act of 2006 (Pub.
L. 109–432, 120 Stat. 2922). On June 1,
2006, the IRS and Treasury Department
published final regulations under
section 199 (TD 9263, 71 FR 31268). On
October 19, 2006, the IRS and Treasury
Department published final and
temporary regulations on the TIPRA
amendments to section 199 (TD 9293,
71 FR 61662) and cross-referencing
proposed regulations (REG–127819–06,
71 FR 61692). No public hearing was
requested or held on the proposed
regulations. One comment responding
to the proposed regulations was
received. After consideration of the
comment, the proposed regulations are
adopted as amended by this Treasury
decision and the corresponding
temporary regulations are removed.
General Overview
Section 199(a)(1) allows a deduction
equal to 9 percent (3 percent in the case
of taxable years beginning in 2005 or
2006, and 6 percent in the case of
taxable years beginning in 2007, 2008,
or 2009) of the lesser of (A) the qualified
production activities income (QPAI) of
the taxpayer for the taxable year, or (B)
taxable income (determined without
regard to section 199) for the taxable
year (or, in the case of an individual,
adjusted gross income (AGI)).
Section 199(b)(1) limits the deduction
for a taxable year to 50 percent of the
W–2 wages paid by the taxpayer during
the calendar year that ends in such
E:\FR\FM\15FER1.SGM
15FER1
Agencies
[Federal Register Volume 73, Number 32 (Friday, February 15, 2008)]
[Rules and Regulations]
[Pages 8796-8798]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-2879]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 135
[Docket No. FAA-1999-6717; Amendment No. 135-112]
RIN 2120-AI03
Extended Operations (ETOPS) of Multi Engine Airplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule; delay of compliance dates.
-----------------------------------------------------------------------
SUMMARY: The Federal Aviation Administration (FAA) is delaying the
compliance date for certain sections of a final rule, published January
16, 2007, that established regulations governing the design, operation,
and maintenance of certain airplanes operated on flights that fly over
180 minutes from an adequate airport. The extension of the compliance
date is necessary to give operators additional time to gain a
comprehensive understanding of Extended Operations (ETOPS)
requirements, develop training and procedures, and implement safety
measures established in the final rule. In addition, the regulatory
text for certain sections is amended to reflect this delay of
compliance dates.
DATES: Effective Dates: The effective date for the amendments in this
final rule is February 15, 2008.
Compliance Dates: The compliance date contained in the Final Rule
(72 FR 1808), for Sec. Sec. 135.98, 135.345(a)(9), and 135.364,
section G135.2.1 of appendix G to part 135, and section G135.2.9 of
appendix G to part 135 is delayed by 180 days, from February 16, 2008,
to August 13, 2008. The delay of compliance dates for these specific
sections of the Final Rule does not affect any other compliance date
established in Table 2 of Section VI of the preamble to the Final Rule.
FOR FURTHER INFORMATION CONTACT: Jim Ryan, Air Carrier Operations
Branch (AFS-220), Air Transportation Division, Flight Standards
Service, Federal Aviation Administration, 800 Independence Ave., SW.,
Washington, DC 20591, Telephone (202-267-7493), E-Mail
jim.ryan@faa.gov.
SUPPLEMENTARY INFORMATION:
Availability of Rulemaking Documents
You can get an electronic copy of rulemaking documents using the
Internet by--
1. Searching the Federal eRulemaking Portal (https://
www.regulations.gov);
[[Page 8797]]
2. Visiting the FAA's Regulations and Policies Web page at https://
www.faa.gov/regulations_policies/; or
3. Accessing the Government Printing Office's Web page at https://
www.gpoaccess.gov/fr/.
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 amendment number or docket number of this
rulemaking. 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 (Volume 65, Number 70; Pages 19477-78), or you may visit
https://DocketInfo.dot.gov.
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 FOR FURTHER INFORMATION CONTACT. You can find
out more about SBREFA on the Internet at https://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 I, 49 U.S.C. 44701. Under that
section, the FAA is charged with regulating air commerce in a way that
best promotes safety.
Background
The Extended Operations of Multi Engine Airplanes (ETOPS) Final
Rule (72 FR 1808) established regulations governing the design,
operation, and maintenance of certain airplanes operated on flights
that fly long distances from an adequate airport. The final rule
affected aircraft operators under 14 CFR parts 121 and 135, as well as
manufacturers under 14 CFR parts 21, 25, and 33. The Final Rule,
published January 16, 2007, establishes a compliance schedule for
affected operators and manufacturers that was designed to ease the
burden of compliance and make the rule less costly. The FAA established
a compliance date of 1 year for part 135 operators to meet the
operational and training requirements of the final rule. For cargo fire
suppression, the final rule allows 8 years for currently approved part
135 ETOPS operators to comply. In that final rule, the FAA published
commenters' observations that ``There is no FAA guidance for, and FAA
Inspectors have not approved, any part 135 ETOPS flights'' (72 FR
1849).
Previous FAA guidance has addressed ETOPS operations for 121
operators. In December 1998, the FAA published Advisory Circular (AC)
120-42A, Extended Range Operation with Two-Engine Airplanes. This AC
contained guidance for operators under part 121 who wished to engage in
ETOPS operations. Based on this guidance, part 121 operators have been
conducting safe and successful ETOPS flights for over 20 years. Until
the final rule was published on January 16, 2007, part 135 operators
did not need FAA approval for ETOPS flights. Because the final rule
establishes new requirements for part 135 operations, the FAA intends
to support successful implementation of the operational and training
requirements in the final rule for part 135 operations by publishing an
AC that addresses the requirements for part 135 operators. On September
17, 2007, the FAA published and invited comment on two draft ACs, draft
AC 120-42B for part 121 operators and draft AC 135-42 for part 135
operators (FAA-2002-6717, https://dms.dot.gov).
The FAA has determined that the current guidance available for part
121 operators regarding ETOPS flights is sufficient for part 121
operators to meet the compliance schedule in the final rule. However,
because the ETOPS requirements in the final rule are new for part 135
operators, the FAA has determined that it is appropriate to delay
compliance for certain part 135 operational and training requirements
(i.e. Sec. Sec. 135.98, 135.345(a)(9), 135.364, section G135.2.1 of
appendix G to part 135, and section G135.2.9 of appendix G to part 135)
until after the guidance in AC 135-42 is published. The delay of the
compliance date is necessary to give part 135 operators additional time
to gain a comprehensive understanding of ETOPS requirements, develop
training and procedures, and implement the safety measures established
in the Final Rule.
Good Cause for Foregoing Public Notice and Comment
Section 553(b)(3)(B) of the Administrative Procedure Act, 5 U.S.C.
553(b)(3)(B), authorizes 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 that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.''
In this case, the FAA finds that notice and public comment are
unnecessary and contrary to the public interest. This action delays the
compliance date for several sections of the final rule published
January 16, 2007. We issued those regulations using the public notice
and comment procedure. In that final rule, we published commenters'
observations that ``There is no FAA guidance for, and FAA inspectors
have not approved, any part 135 ETOPS flights'' (72 FR 1849). The FAA
intends to support successful implementation of the operational and
training requirements in the final rule for part 135 operations by
publishing an Advisory Circular that addresses these requirements. On
September 17, 2007, the FAA published and invited comment on draft AC
135-42 for part 135 operators (FAA-1999-6717, https://
www.regulations.gov).
The FAA has determined that it is contrary to the public interest
to require part 135 operators to comply with the requirements of the
final rule until AC 135-42 is published. The FAA has determined that
notice and public comment are unnecessary because the public has
already commented that FAA guidance is necessary for part 135
operators. The public is best served by delaying the compliance date
for the part 135 operational and training requirements in the rule to
allow time for publication of the AC, which will provide part 135
operators with a comprehensive understanding of ETOPS requirements.
Good Cause for Immediate Adoption
Since the delay in the compliance date of the final rule does not
impose any new requirements or any additional burden on the regulated
public, the FAA finds that good cause exists for immediate adoption of
the compliance date without a 30-day notice period.
[[Page 8798]]
The Effect of Our Decision
Our decision delays the compliance date of certain sections of the
final rule (72 FR 1809, January 15, 2007), Sec. Sec. 135.98,
135.345(a)(9), and 135.364, section G135.2.1 of appendix G to part 135,
and section G135.2.9 of appendix G to part 135, from February 16, 2008,
to August 13, 2008.
List of Subjects in 14 CFR Part 135
Air taxis, Aircraft, Airmen, Alcohol abuse, Aviation safety, Drug
abuse, Drug testing, Reporting and recordkeeping requirements.
The Amendment
0
In consideration of the foregoing, the Federal Aviation Administration
amends Chapter I of Title 14, Code of Federal Regulations as follows:
PART 135--OPERATING REQUIREMENTS; COMMUTER AND ON DEMAND OPERATION
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
0
1. The authority citation for part 135 continues to read as follows:
Authority: 49 U.S.C. 106(g), 41706, 44113, 44701-44702, 44705,
44709, 44711-44713, 44715-44717, 44722.
0
2. Amend Sec. 135.98 by revising the introductory text to read as
follows:
Sec. 135.98 Operations in the North Polar Area.
After August 13, 2008, no certificate holder may operate an
aircraft in the region north of 78[deg] N latitude (``North Polar
Area''), other than intrastate operations wholly within the state of
Alaska, unless authorized by the FAA. The certificate holder's
operation specifications must include the following:
* * * * *
0
3. Amend Sec. 135.345 by revising paragraph (a)(9) to read as follows:
Sec. 135.345 Pilots: Initial, transition, and upgrade ground
training.
* * * * *
(a) * * *
(9) After August 13, 2008, passenger recovery plan for any
passenger-carrying operation (other than intrastate operations wholly
within the state of Alaska) in the North Polar area; and
* * * * *
0
4. Revise Sec. 135.364 to read as follows:
Sec. 135.364 Maximum flying time outside the United States.
After August 13, 2008, no certificate holder may operate an
airplane, other than an all-cargo airplane with more than two engines,
on a planned route that exceeds 180 minutes flying time (at the one-
engine-inoperative cruise speed under standard conditions in still air)
from an Adequate Airport outside the continental United States unless
the operation is approved by the FAA in accordance with Appendix G of
this part, Extended Operations (ETOPS).
0
5. Revise the introductory text of section G135.2.1, and section
G135.2.9, of appendix G to part 135 to read as follows:
Appendix G to Part 135--Extended Operations (ETOPS)
* * * * *
G135.2 Requirements.
G135.2.1 General. After August 13, 2008, no certificate holder
may operate an airplane, other than an all-cargo airplane with more
than two engines, outside the continental United States more than
180 minutes flying time (at the one-engine-inoperative cruise speed
under standard conditions in still air) from an airport described in
Sec. 135.364 unless--
* * * * *
G135.2.9 Delayed compliance date for all airplanes. A
certificate holder need not comply with this appendix for any
airplane until August 13, 2008.
Issued in Washington, DC, on February 11, 2008.
Rebecca Byers MacPherson,
Assistant Chief Counsel for Regulations.
[FR Doc. E8-2879 Filed 2-14-08; 8:45 am]
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