[Federal Register Volume 61, Number 32 (Thursday, February 15, 1996)]
[Rules and Regulations]
[Pages 5938-5939]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-3490]
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DEPARTMENT OF TRANSPORTATION
14 CFR Part 135
[Docket No. 26192; Amdt. No. 135-56]
RIN 2120-AD28
Improved Flammability Standards for Materials Used in the
Interiors of Airplane Cabins
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of disposition of comments on final rule.
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SUMMARY: On March 6, 1995, the Federal Aviation Administration (FAA)
issued Amendment 135-56 which removed an unintended requirement in the
previously issued Amendment 135-55 of part 135 of the Federal Aviation
Regulations (FAR) (60 FR 13010). Amendment 135-56 was effective on
March 6, 1995, however, the FAA invited public comments on the subject
until April 10, 1995. Although the FAA has determined that there is no
need for any further amendment to part 135, this document responds to
the comments submitted by the public.
ADDRESSES: The complete docket for the final rule on Improved
Flammability Standards for Materials Used in the Interiors of Airplane
Cabins may be examined at the Federal Aviation Administration, Office
of the Chief Counsel (AGC-10), Rules Docket, Room 915G, 800
Independence Avenue SW., Washington, DC 20591, weekdays, except Federal
holidays between 8:30 a.m. and 5:00 p.m. In addition, the FAA is
maintaining an information docket of comments in the Transport Airplane
Directorate (ANM-100), FAA, 1601 Lind Avenue SW., Renton, Washington
98055-4056. Comments in the information docket may be inspected
weekdays, except Federal holidays, between 7:30 a.m., and 4:00 p.m.
FOR FURTHER INFORMATION CONTACT:
Gary L. Killion, Regulations Branch, ANM-114, Transport Airplane
Directorate, Aircraft Certification Service, FAA 1601 Lind Avenue SW.,
Renton, WA 98055-4956; telephone (206) 227-2194.
SUPPLEMENTARY INFORMATION:
Background
On March 6, 1995, the FAA issued Amendment 135-56 (60 FR 13010,
March 9, 1995), which removed an unintended requirement in the
previously-issued Amendment 135-55 (60 FR 6616, February 2, 1995) to
part 135 of the FAR. This action ensued that commuter category
airplanes operated under part 135 would not be grounded for failing to
comply with the unintended requirement which became effective on March
6, 1995.
Specifically, Sec. 135.170(b), as revised by Amendment 135-55,
stated that no person may operate a ``large'' airplane unless it meets
the flammability requirements contained in Secs. 135.170(b) (1) and
(2). Section 135.170(b)(2) states, in turn, that seat cushions, except
for flight crewmember seat cushions, must comply with the fire blocking
standards of Sec. 25.853(c) that became effective on November 26, 1984.
(Although these standards are commonly referred to as ``fire
blocking,'' Sec. 25.853(c) actually provides the option of using a
covering material, i.e., a ``fire-blocking'' layer, that isolates the
cushion from a fire or using a seat cushion that can be shown by itself
to provide the necessary fire resistance). Large airplanes are
identified in part 1 of the FAR as those with ``more than 12,500 pounds
maximum certificated takeoff weight.'' Commuter category airplanes
type-certificated under part 23 of the FAR may have a maximum
certificated takeoff weight as great as 19,000 pounds, and each of the
commuter category airplanes currently in service does in fact have a
maximum certificated takeoff weight greater than 12,500 pounds. They
are, therefore, ``large'' airplanes as defined in part 1. Taking
literally the wording of Sec. 135.170(b), as revised by Amendment 135-
55, operators of these airplanes would have had to comply with the seat
cushion fire-blocking standards in addition to the applicable
flammability standards of part 23.
Although including commuter category airplanes in the requirements
of Sec. 135.170(b) pertaining to seat cushion fire blocking standards
was due to an editing error, the FAA has adopted separate rulemaking
(Amendment 121-23, 60 FR 65832, December 20, 1995) which requires the
seat cushions of those airplanes to comply with the seat cushion fire
blocking standards by December 20, 2010. In the meantime, the operators
of those airplanes must continue to have seat cushions that meet the
applicable flammability standards of part 23.
Discussion of Comments
Two commenters responded to the request for comments on Amendment
135-56. One commenter, a pilots association, agrees the final rule
(Amendment 135-55) was in error. However, the commenter feels that this
is a safety issue for all aircraft passengers, regardless of the
aircraft size. The FAA responded to the commenter noting that the
comment more accurately applied to proposals contained in Notice 95-5,
Docket No. 28154. The commenter was advised that his comments would be
placed in Docket 28154 and considered along with any other comments
received in response to Notice 95-5. The second commenter, a
manufacturer, wrote only to indicate that the FAA's timely action in
correcting this error was appreciated.
Conclusion
After carefully considering the comments submitted in response to
Amendment 135-56, the FAA has determined that no further rulemaking
action is necessary at this time. Accordingly, Amendment No. 135-56
remains in effect as prescribed by the
[[Page 5939]]
March 6, 1995, final rule. As noted above, the seat cushions in
commuter category airplanes may, however, be required to meet the fire
blocking standards at some future date as a result of separate
rulemaking action.
Issued in Washington, DC, on February 8, 1996.
Thomas E. McSweeny,
Director, Aircraft Certification Service.
[FR Doc. 96-3490 Filed 2-14-96; 8:45 am]
BILLING CODE 4910-13-M
