[Federal Register: December 12, 2003 (Volume 68, Number 239)]
[Rules and Regulations]               
[Page 69307-69308]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12de03-4]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 135

[Docket No.1999-5401; Amendment No. 135-92]
RIN 2120-AE42

 
Aging Airplane Safety

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; technical amendment.

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SUMMARY: The Federal Aviation Administration is making minor technical 
changes to its aging aircraft regulations as a result of an interim 
final rule with a request for comments published in the Federal 
Register on December 6, 2002. This final rule requires airplanes 
covered by the aging aircraft regulations to undergo inspections and 
records reviews by the Administrator after their 14th year in service 
and at specified internals thereafter. As part of this final rule, the 
FAA inadvertently did not make conforming amendments to an 
applicability section to reflect the existence of two new sections and 
the redesignation of an existing section. In addition to these changes, 
an error exists in the heading of a new section. These technical 
changes are necessary to keep our regulations clear, accurate and 
current. The intended effect is to make our regulations easier for the 
public and regulated industry to use. None of these amendments will 
impose any extra burden or restrictions on persons or organizations 
affected by these regulations.

EFFECTIVE DATE: This amendment is effective on December 8, 2003.

FOR FURTHER INFORMATION CONTACT: Frederick Sobeck, Airplane Maintenance 
Division, AFS-304, Flight Standards Service, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone (202) 267-7355; facsimile (202) 267-5115.

SUPPLEMENTARY INFORMATION: 

Background

    The FAA is making some technical or administrative changes to its 
aging aircraft regulations. These changes do not affect the substance 
of the existing regulations or impose any new requirements and have no 
impact on activities carried out under the regulations.
    The FAA published in the Federal Register of December 6, 2002 (67 
FR 72726) a document that created a rule requiring (1) airplanes 
operated under 14 CFR part 121, (2) U.S.-registered multiengine 
airplanes operated under 14 CFR part 129, and (3) multiengine airplanes 
used in scheduled operations under 14 CFR part 135 to undergo 
inspections and records reviews by the Administrator after their 14th 
year in service and at specified internals thereafter. The FAA 
inadvertently did not include revisions to Sec.  135.411 to reflect the 
existence of the new Sec. Sec.  135.422 and 135.423 and the 
redesignation of current Sec.  135.423 to Sec.  135.424, effective 
December 8, 2003. This amendment to Sec.  135.411 will (a) add a 
reference to new Sec.  135.422 to existing Sec.  135.411(a)(2), (b) add 
a

[[Page 69308]]

reference to new Sec.  135.423 to existing Sec.  135.411(a)(1), and (c) 
add a reference to the redisignated Sec.  135.424 to existing Sec.  
135.411(a)(2). This document makes these appropriate amendatory changes 
to clearly reflect that new Sec. Sec.  135.422 and 135.423, as well as 
redesignated Sec.  135.424, apply to operations under part 135 as 
specified in Sec.  135.411. This amendment will not impose any added 
restrictions on operators affected by these regulations.
    In addition to the revisions to Sec.  135.411, this amendment also 
corrects an error in the heading of Sec.  135.423(b)(2). This amendment 
will not impose any additional restrictions on operators affected by 
these regulations.

Procedural Matters

    Under the Administrative Procedure Act (APA), 5 U.S.C. 553, 
agencies must generally publish regulations for public comment and give 
the public at least 30 days notice before adopting regulations. There 
is an exception to these requirements if the agency for good cause 
finds that notice and public procedure are impracticable, unnecessary, 
or contrary to the public interest. In this case, the FAA finds that 
notice and comment requirements are unnecessary because of the 
administrative nature of the changes. The changes do not affect the 
rights or obligations of any regulated entity. It is in the public 
interest that the changes take effect promptly.

List of Subjects in 14 CFR Part 135

    Air taxis, Aircraft, Aviation safety, Reporting and recordkeeping 
requirements.

The Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends Title 14 of the Code of Federal Regulations (CFR) part 135 as 
follows:

PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS 
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), 40113, 44701-44702, 44705, 44709, 
44711-44713, 44715-44717, 44722.


0
2. Amend Sec.  135.411 by revising the first sentence of paragraph 
(a)(1) and paragraph (a)(2) to read as follows:


Sec.  135.411  Applicability.

    (a) * * *
    (1) Aircraft that are type certificated for a passenger seating 
configuration, excluding any pilot seat, of nine seats or less, shall 
be maintained under parts 91 and 43 of this chapter and Sec. Sec.  
135.415, 135.416, 135.417, 135.421 and 135.423. * * *
    (2) Aircraft that are type certificated for a passenger seating 
configuration, excluding any pilot seat, of ten seats or more, shall be 
maintained under a maintenance program in Sec. Sec.  135.415, 135.416, 
135.417, 135.422, and 135.424 through 135.443.
* * * * *

0
3. Amend Sec.  135.423 by revising the heading of paragraph (b)(2) to 
read as follows:


Sec.  135.423  Aging airplane inspections and records reviews for 
multiengine airplanes certificated with nine or fewer passenger seats.

* * * * *
    (b) * * *
    (2) Airplanes exceeding 14 years in service but not 24 years in 
service on December 8, 2003; initial and repetitive inspections and 
records review. * * *

    Issued in Washington, DC, on December 3, 2003.
Donald P. Byrne,
Assistant Chief Counsel, Regulations Division.
[FR Doc. 03-30645 Filed 12-11-03; 8:45 am]

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