

[Federal Register: February 15, 2008 (Volume 73, Number 32)]
[Rules and Regulations]               
[Page 8796-8798]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15fe08-6]                         

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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.

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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 (http://www.regulations.gov
);


[[Page 8797]]

    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 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 
http://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 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 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, http://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, http://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]

BILLING CODE 4910-13-P
