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Commuter Operations and General Certification and Operations Requirements

---
identifier: "/us/fr/01-10239"
source: "fr"
legal_status: "authoritative_unofficial"
title: "Commuter Operations and General Certification and Operations Requirements"
title_number: 0
title_name: "Federal Register"
section_number: "01-10239"
section_name: "Commuter Operations and General Certification and Operations Requirements"
positive_law: false
currency: "2001-04-27"
last_updated: "2001-04-27"
format_version: "1.1.0"
generator: "[email protected]"
agency: "Transportation Department"
document_number: "01-10239"
document_type: "rule"
publication_date: "2001-04-27"
agencies:
  - "Transportation Department"
  - "Federal Aviation Administration"
cfr_references:
  - "14 CFR Part 21"
  - "14 CFR Part 43"
  - "14 CFR Part 45"
  - "14 CFR Part 65"
  - "14 CFR Part 91"
  - "14 CFR Part 142"
  - "14 CFR Part 145"
  - "14 CFR Part 161"
  - "14 CFR Part 170"
fr_citation: "66 FR 21065"
fr_volume: 66
docket_ids:
  - "Docket No. 28154, Amdt. Nos. 21-79, 43-37, 45-22, 65-41, 91-267, 142-4, 145-25, 161-2 and 170-3"
effective_date: "2001-04-27"
fr_action: "Final rule; technical amendment."
---

#  Definitions

**AGENCY:**

Federal Aviation Administration, DOT.

**ACTION:**

Final rule; technical amendment.

**SUMMARY:**

The Federal Aviation Administration (FAA) is making minor technical changes to a final rule on commuter operations and general certification and operations requirements published in the *Federal Register* on December 20, 1995, effective January 19, 1996. That final rule removed part 127 of title 14, but did not make conforming amendments to remove all references to part 127. This technical amendment removes all references to part 127 from the Code of Federal Regulations. None of these changes are substantive in nature and the rule will not impose any additional burden or restriction on persons or organizations affected by these regulations.

**EFFECTIVE DATE:**

Effective on April 27, 2001.

**FOR FURTHER INFORMATION CONTACT:**

Alberta Brown, (202) 267-8321; Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591.

**SUPPLEMENTARY INFORMATION:**

**Background**

The Federal Aviation Administration (we) published in the *Federal Register* on December 20, 1995 (60 FR 65832) a document that amended the regulations on commuter operations and general certification and operations requirements, to include the removal of part 127 from title 14 (60 FR 65937). We did not include amendments removing all references to part 127, which are now obsolete. This document makes the appropriate technical changes to remove all references to part 127 from the Code of Federal Regulations.

Under the Administrative Procedure Act, an agency doesn't have to issue a notice of proposed rulemaking when the agency for good cause finds that notice and public procedure are “impracticable, unnecessary, or contrary to the public interest.” See 5 U.S.C. 553(b). Because this technical amendment simply corrects obsolete references, we find that publishing the change for public notice and comment is unnecessary.

The Administrative Procedure Act also states that an agency must publish a substantive rule not less than 30 days before its effective date, except as otherwise provided by the agency for good cause. See 5 U.S.C. 553(d). We find that this technical amendment imposes no additional burden or requirement on the regulated industry, and is not substantive in nature. Moreover, we find that there is good cause to make the changes effective immediately upon publication in the *Federal Register* . It is in the public interest to remove these obsolete references from our regulations without further delay.

This regulation is editorial in nature and imposes no additional burden on any person or organization. Accordingly, we have determined that the action: (1) is not a significant rule under Executive Order 12866; and (2) is not a significant rule under Department of Transportation Regulatory Policy and Procedures. No impact is expected to result, and a full regulatory evaluation is not required. In addition, the FAA certifies that the rule will not have a significant economic impact, positive or negative, on a substantial number of small entities under the criteria of the Regulatory Flexibility Act.

**List of Subjects**

Aircraft, Aviation safety, Exports, Imports, Reporting and recordkeeping requirements.

Aircraft, Aviation safety, Reporting and recordkeeping requirements.

Aircraft, Exports, Signs and symbols.

Air traffic controllers, Aircraft, Airmen, Airports, Alcohol abuse, Drug abuse, Reporting and recordkeeping requirements.

Afghanistan, Agriculture, Air traffic control, Aircraft, Airmen, Airports, Aviation safety, Canada, Cuba, Freight, Mexico, Noise control, Political candidates, Reporting and recordkeeping requirements, Former Yugoslavia.

Administrative practice and procedure, Airmen, Educational facilities, Reporting and recordkeeping requirements, Schools, Teachers.

Aircraft, Aviation safety, Reporting and recordkeeping requirements.

Administrative practice and procedure, Aircraft, Airports, Noise control, Reporting and recordkeeping requirements.

Air traffic control, Airports.

**14 CFR Part 21**

In consideration of the foregoing, the Federal Aviation Administration amends parts 21, 43, 45, 65, 91, 142, 145, 161, and 170 of title 14 of the Code of Federal Regulations as follows:

**PART 21—CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS**

1. The authority citation for part 21 continues to read as follows:

**Authority:**

42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113, 44701-44702, 44707, 44709, 44711, 44713, 44715, 45303.

**14 CFR Part 21**

§ 21.183

2. Amend § 21.183 by removing the words “or 127” from paragraph (d)(2)(iv).

**14 CFR Part 21**

§ 21.197

3. Amend § 21.197 by removing the words “§§ 121.79, 127.27, and 135.17” from paragraph (c) introductory text and replacing them with “§§ 121.79 and 135.17”; and by removing the words “or Part 127” from paragraph (c)(1).

**14 CFR Part 21**

§ 21.213

4. Amend § 21.213 by removing the works “or Part 127” from paragraph (b).

**14 CFR Part 21**

§ 21.329

5. Amend § 21.329 by removing the words “or 127” from paragraph (c).

**14 CFR Part 21**

§ 21.337

6. Amend § 21.337 by removing the words “or 127” from paragraph (e).

**14 CFR Part 43**

**PART 43—MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING, AND ALTERATION**

7. The authority citation for part 43 continues to read as follows:

**Authority:**

49 U.S.C. 106(g), 40113, 44701, 44703, 44705, 44707, 44711, 44713, 44717.

**14 CFR Part 43**

§ 43.1

8. Amend § 43.1 by removing the words “Part 121, 127, or 135” from paragraph (a)(2) and adding in their place the words “Part 121 or 135”.

**14 CFR Part 43**

§ 43.3

9. Amend § 43.3 as follows:

a. In paragraph (f) remove the words “Part 121, 127, or 135” both places they appear and add in their place the words “Part 121 or 135”.

b. In paragraph (g) remove the words “Part 121, 127, 129, or 135” and add in their place the words “Part 121, 129, or 135”.

**14 CFR Part 43**

§ 43.7

10. Amend § 43.7 by removing the words “Part 121, 127, or 135” from paragraph (e) both places they appear and adding in their place the words “Part 121 or 135”.

**14 CFR Part 43**

§ 43.9

11. Amend § 43.9 by removing the words “Part 121, 127, or 135” from paragraph (b) both places they appear and adding in their place the words “Part 121 or 135”.

**14 CFR Part 43**

§ 43.13

12. Amend § 43.13 by removing the words “Part 121, 127, or 135” from paragraph (c) both places they appear and adding in their place the words “Part 121 or 135”.

**14 CFR Part 43**

§ 43.16

13. Amend § 43.16 by removing the words “Parts 121, 123, 127, or 135” and adding in their place the words “Parts 121, 123, or 135”.

**14 CFR Part 45**

**PART 45—IDENTIFICATION AND REGISTRATION MARKING**

14. The authority citation for part 45 continues to read as follows:

**Authority:**

49 U.S.C. 106(g), 40103, 40109, 40113-40114, 44101-44105, 44107-44108, 44110-44111, 44504, 44701, 44708-44709, 44711-44713, 45302-45303, 46104, 46304, 46306, 47122.

**14 CFR Part 45**

§ 45.22

15. Amend § 45.22 by removing the words “Part 121, 127, 133, 135, or 137” from paragraph (c)(3) and adding in their place the words “Part 121, 133, 135, or 137”.

**14 CFR Part 65**

**PART 65—CERTIFICATION: AIRMEN OTHER THAN FLIGHT CREWMEMBERS**

16. The authority citation for part 65 continues to read as follows:

**Authority:**

49 U.S.C. 106(g), 40113, 44701-44703, 44707, 44709-44711, 45102-45103, 45301-45302.

**14 CFR Part 65**

§ 65.95

17. Amend § 65.95 by removing the words “or 127” from paragraph (a)(1).

**14 CFR Part 91**

**PART 91—GENERAL OPERATING AND FLIGHT RULES**

18. The authority citation for part 91 continues to read as follows:

**Authority:**

49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, articles 12 and 29 of the Convention on International Civil Aviation (61 stat. 1180).

**14 CFR Part 91**

§ 91.23

19. Amend § 91.23 by removing the words “part 121, 125, 127, 135, or 141” from paragraph (b)(1)(i) and adding in their place the words “part 121, 125, 135, or 141”.

**14 CFR Part 91**

§ 91.175

20. Amend § 91.175 by removing the words “parts 121, 125, 127, 129, or 135” from paragraph (f) and adding in their place the words “parts 121, 125, 129, or 135”.

**14 CFR Part 91**

§ 91.215

21. Amend § 91.215 by removing the words “part 121, 127 or 135” from paragraph (a) and adding in their place the words “part 121 or 135”.

**14 CFR Part 91**

§ 91.401

22. Amend § 91.401 by removing the words “part 121, 127, 129, or § 135.411(a)(2) “from paragraph (b) and adding in their place the words “part 121, 129, or § 135.411(a)(2).”

**14 CFR Part 91**

§ 91.403

23. Amend § 91.403 by removing the words “part 121, 127 or 135” from paragraph (c) and adding in their place the words “part 121 or 135”.

**14 CFR Part 91**

§ 91.409

24. Amend § 91.409 as follows:

a. In paragraph (c)(2) remove the words “part 125, 127, or 135” and add in their place the words “part 125 or 135”.

b. In paragraph (f)(1) remove the words “part 121, 127, or 135” and add in their place the words “part 121 or 135”.

**14 CFR Part 91**

§ 91.413

25. Amend § 91.413 as follows:

a. In paragraph (a) remove the words “in 91.215(a), 121.345(c), 127.123(b), or § 135.143(c)” and add in their place the words “in 91.215(a), 121.345(c), or § 135.143(c)”.

b. In paragraph (c)(2) remove the words “part 121, 127 or § 135.411(a)(2)” and add in their place the words “part 121 or § 135.411(a)(2).”

**14 CFR Part 142**

**PART 142—TRAINING CENTERS**

26. The authority citation for part 142 continues to read as follows:

**Authority:**

49 U.S.C. 106(g), 40113, 40119, 44101, 44701-44703, 44705, 44707, 44709-44711, 45102-45103, 45301-45302.

**14 CFR Part 142**

§ 142.1

27. Amend § 142.1 as follows:

a. In paragraph (a) remove the words “parts 61, 63, 121, 125, 127, 135, or 137” and add in their place the words “parts 61, 63, 121, 125, 135, or 137”.

b. In paragraph (b)(1) remove the words “parts 63, 121, 125, 127, 135, and  137” and add in their place the words “parts 63, 121, 125, 135, and 137”.

**14 CFR Part 145**

**PART 145—REPAIR STATIONS**

28. The authority citation for part 145 continues to read as follows:

**Authority:**

49 U.S.C. 106(g), 40113, 44701-44702, 44707, 44717.

**14 CFR Part 145**

§ 145.2

29. Amend § 145.2 as follows:

a. In the section heading remove the words “parts 121 and 127” and add in their place the words “part 121”.

b. In paragraph (a) remove the words “or part 127”; and remove the words “or subpart I of part 127 (except §§ 127.131, 127.134, 127.136, and 127.140)”.

**14 CFR Part 145**

§ 145.63

30. Amend § 145.63(c) by removing the words “part 121, 127, or 135” and adding in their place the words “part 121 or 135”; and by removing the words “under § 21.3, § 37.17, § 121.703, § 127.313, or § 135.57” and adding in their place the words “under § 21.3, § 37.17, § 121.703, or § 135.57”.

**14 CFR Part 161**

**PART 161—NOTICE AND APPROVAL OF AIRPORT NOISE AND ACCESS RESTRICTIONS**

31. The authority citation for part 161 continues to read as follows:

**Authority:**

49 U.S.C. 106(g), 47523-47527, 47533.

**14 CFR Part 161**

§ 161.5

32. Amend § 161.5 by removing the words “under parts 127 and 135” from the definition for *Aviation user class* and adding in their place the words “under part 135”.

**14 CFR Part 170**

**PART 170—ESTABLISHMENT AND DISCONTINUANCE CRITERIA FOR AIR TRAFFIC CONTROL SERVICES AND NAVIGATIONAL FACILITIES**

33. The authority citation for part 170 continues to read as follows:

**Authority:**

49 U.S.C. 106(g), 40103-40107, 40113, 44502, 44701-44702, 44708-44709, 44719, 44721-44722, 46308.

**14 CFR Part 170**

§ 170.3

34. Amend § 170.3 by removing the words “parts 121, 127, and 135” from the definition for *Scheduled commercial service* and adding in their place the words “parts 121 and 135”.

Issued in Washington, DC on April 19, 2001.

Donald P. Byrne,

Assistant Chief Counsel for Regulations.