[Federal Register Volume 63, Number 89 (Friday, May 8, 1998)]
[Rules and Regulations]
[Pages 25572-25573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12229]
[[Page 25571]]
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Part II
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Parts 11 and 135
Commercial Passenger-Carrying Operations in Single-Engine Aircraft
Under Instrument Flight Rules; Final Rule
Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 / Rules and
Regulations
[[Page 25572]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 11, 135
[Docket No. 28743; Amendment Nos. 43, 73]
RIN 2120-AG55
Commercial Passenger-Carrying Operations in Single-Engine
Aircraft Under Instrument Flight Rules
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This action revises and clarifies certain conditions and
limitations in part 135 for instrument flight rule (IFR), passenger-
carrying operations in single-engine aircraft. The clarification is
necessary to resolve ambiguity in the current rule regarding the
requirement for redundant power for gyroscopic instrumentation. The
intended effect of the action is to remove any ambiguity concerning the
required power sources for the gyroscopic instruments required for
flight under IFR for single engine aircraft involved in commercial,
passenger-carrying operations.
This action also advises the public of the information collection
approval by the Office of Management and Budget (OMB), withdraws SFAR
81 because the SFAR could not be placed in effect with a readily
apparent ambiguity, adds the OMB control number to part 11, and amends
part 135.
DATES: These amendments are effective on May 4, 1998.
FOR FURTHER INFORMATION CONTACT: Mr. Daniel Meier, Flight Standards
Service, Federal Aviation Administration, 800 Independence Ave., SW,
Washington, DC 20591; telephone: (202) 267-8166.
SUPPLEMENTARY INFORMATION:
Availability of This Action
An electronic copy of this document may be downloaded, using a
modem and suitable communications software, from the FAA regulations
section of the Fedworld electronic bulletin board service ((703) 321-
3339), the Federal Register's electronic bulletin board service ((202)
512-1661), or the FAA's Aviation Rulemaking Advisory Committee Bulletin
Board service ((800) 322-2722 or (202) 267-5948). Internet users may
reach the FAA's web page at http://www.faa.gov/avr/arm/nprm/nprm.htm or
the Federal Register's web page at http://www.access.gpo.gov/su__docs
for access to recently published rulemaking documents.
Any person may obtain a copy of this document by submitting a
request to the Federal Aviation Administration, Office of Rulemaking,
ARM-1, 800 Independence Ave., SW, Washington, DC 20591, or by calling
(202) 267-9677.
Persons interested in being placed on the mailing list for future
rules should request from the above office a copy of Advisory Circular
No. 11-2A, Notice of Proposed Rulemaking Distribution System, which
describes the application procedure.
Background
On August 6, 1997, the FAA amended the conditions and limitations
in part 135 for instrument flight rule, passenger-carrying operations
in single-engine aircraft (62 FR 42364). That rule has an effective
date of May 4, 1998 (62 FR 45014). Included in the August 6, 1997 final
rule was SFAR 81, with certain information collection requirements,
which was written to allow operators, whose aircraft were properly
equipped, authority to operate before the effective date of the final
rule. The information collection requirements of SFAR 81 and the final
rule were submitted to OMB and were approved under OMB control number
2120-0619.
Consideration of Comments
On February 4, 1998, the FAA proposed to revise and clarify part
135 for instrument flight rule (IFR), passenger-carrying operations in
single-engine aircraft (62 FR 6826, February 10, 1998). Three
substantive comments were received on that proposal: two from airplane
manufacturers, and one from an air carrier that operates under part
135; one comment from a trade association offered general support for
the proposal.
Comment: Cessna Aircraft Company and Atlantic Aero stated that they
have the required redundancy in their Caravan model aircraft because of
its unique split panel configuration which uses both electric and bleed
air sources to power its gyroscopic instruments. However, this
configuration does not provide redundant sources of power on each
instrument. Although Cessna and Atlantic Aero recognize that a separate
electrically driven air pump may have to be added behind the current
bleed air driven gyro now installed on the aircraft to comply with this
rule, they both suggest that the installation of an additional,
electrically powered attitude instrument should be permitted to meet
the redundancy requirements.
FAA Response: Cessna states that they can comply with the proposed
rule by installing an ``electrically driven back up vacuum pump behind
the bleed air driven attitude gyro now installed on the aircraft. This
will provide two sources of energy for both the gyros on the Captain's
Instrument Panel.'' The FAA agrees that this would meet the
requirements for redundancy, as stated in the proposal.
Regarding the installation of an additional, unrequired gyroscopic
instruments for IFR, the FAA agrees that such additional instruments do
not need redundant sources. Therefore, the FAA is amending the
regulatory language by adding the word ``required'' after ``all'' to
clarify that only required gyroscopic instruments must have redundant
sources of power.
However, as to Cessna's specific suggestion that the installation
of an additional, electrically-powered attitude indicator should meet
the redundancy requirements for the bleed air driven gyroscopic
instruments, the FAA does not agree. The FAA recognizes that the Cessna
Caravan will comprise a large portion of the fleet that will benefit
from the SEIFR rule. However, the FAA is promulgating a rule of general
applicability, and it believes that there will be other operators of
various types and models of aircraft (other than the Caravan) who will
seek to modify their aircraft to gain the benefits of operating under
the SEIFR rule. To amend this proposal to meet only the desires of
Cessna Caravan operators may establish an economic disadvantage for
some other operators, and would, in fact, require another notice and
comment period.
Further, the additional attitude indicator that both Cessna and
Atlantic Aero suggest is outside the basic ``T'' configuration of the
primary flight instruments. The FAA considers the basic ``T''
configuration very important when manually flying the aircraft under
IMC conditions, and is concerned about human factor problems associated
with the placement of this additional attitude indicator. The FAA has
therefore determined that safety requires that the primary flight
instruments, powered by redundant energy sources, be positioned in the
basic ``T'' configuration directly in front of the pilot flying the
aircraft.
Cessna agrees that it can comply with the proposal, although the
installation of the additional electrically driven vacuum pump is not
its first preference for compliance. Therefore, in regard to this
issue, the FAA will adopt the rule as proposed.
Comment: The Societe de Construction d'Avions de Touris (SOCATA), a
European airplane manufacturer, states that the FAA should not be
specific in citing the types of redundant power sources for the
[[Page 25573]]
gyroscopic instruments. Instead, SOCATA suggests establishing the
``safety objective'' of redundant sources of power and leaving it to
the applicant to justify their option and means.
FAA Response: In reviewing SOCATA's comment, the FAA agrees that
establishing a ``safety objective'' is flexible and beneficial to the
regulated community. The FAA attempts to promulgate ``performance
based'' regulations whenever possible. The FAA notes that Sec. 135.163
is, in part, a performance based requirement. Section 135.163 requires
``two independent sources of energy,'' one source of which must be an
engine-driven pump or generator. The other source, however, is not
specified, so as to allow the aircraft operator to choose the
appropriate equipment. Also, the FAA used the term ``source of energy''
to allow for future technological developments, which may provide
energy from sources other than those currently used on aircraft.
Regulatory Analyses
The FAA is amending Part 135 because some commenters to the final
rule on Commercial Passenger-Carrying Operations in Single-Engine
Aircraft under Instrument Flight Rules had questions on the redundant
sources of power to the gyroscopic flight instruments. This change will
alleviate any ambiguity and clarify the regulatory requirements.
Therefore, the FAA has determined that this regulation imposes no
additional burden on any entity. Accordingly, it has been determined
that the action (1) is not significant under Executive Order 12866 and
(2) is not a significant rule under the Department of Transportation
Regulatory Policies and Procedures (44 FR 11034; February 26, 1979).
Also, because this amendment is editorial in nature, no impact is
expected to result, and a full regulatory evaluation is not required.
In addition, the FAA certifies that this amendment will not have a
significant economic impact, either positive or negative, on a
substantial number of small entities under the criteria of the
Regulatory Flexibility Act.
International Trade Impact
The amendment does not impose any costs on either U.S. or foreign
operators. Therefore, a competitive trade disadvantage will not be
incurred by either U.S. operators abroad or foreign operators in the
United States.
Unfunded Mandates Act
This amendment does not contain any Federal intergovernmental or
private sector mandates. Therefore, the requirements of Title II of the
Unfunded Mandates Reform Act of 1995 do not apply.
Paperwork Reduction Act and Information Collection Requirements
This amendment contains no additional information collection
requests requiring approval of the Office of Management and Budget
pursuant to the Paperwork Reduction Act (44 U.S.C. 3507 et seq.).
This collection of information cited in 14 CFR 135.163, 135.411,
and 135.421 is required to obtain the benefits of operating under these
rules, and will be used by (1) the operator to ensure that all
maintenance is performed and (2) the FAA principal maintenance
inspector (PMI) to monitor the continued airworthiness of the aircraft
used in passenger-carrying operations.
Public reporting burden is estimated to average 0.8 hours per
response, including the time for reviewing instructions searching
existing data sources, gathering and maintaining the data needed, and
completing and reviewing the collection of information. Recordkeepers
and respondents have been given no assurance of confidentiality, nor is
any needed. Please note that an agency may not conduct or sponsor, and
a person is not required to respond to, a collection of information
unless it displays a currently valid OMB control number. The OMB
control number for this collection of information is 2120-0619.
List of Subjects
14 CFR Part 11
Administrative practices and procedure, Reporting and recordkeeping
requirements.
14 CFR Part 135
Air taxis, Aircraft, Aviation safety, Safety, Single-engine
aircraft.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends parts 11 and 135 of Title 14 of the Code of
Federal Regulations as follows:
PART 11---GENERAL RULEMAKING PROCEDURES
1. The authority citation for part 11 continues to read as follows:
Authority: 49 USC 106(g), 40101, 40103, 40105, 40109, 40113,
44110, 44502, 44701-44702, 44711, 46102.
2. Section 11.101 is amended by adding new section numbers in
numerical order and the OMB Control Number to the table in paragraph
(b) as follows:
Sec. 11.101 OMB Control numbers assigned pursuant to the Paperwork
Reduction Act.
* * * * *
(b) Display.
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Current OMB
14 CFR part or section identified and described Control No.
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* * * * *
Sec. 135.163........................................... 2120-0619
* * * * *
Sec. 135.411........................................... 2120-0619
* * * * *
Sec. 135.421........................................... 2120-0619
* * * * *
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3. For the reasons set out in the preamble, 14 CFR part 135 is
amended as set forth below:
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON-DEMAND OPERATIONS
4. 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.
SFAR 81--Passenger-Carrying Single-Engine IFR Operations
5. SFAR 81 is removed on May 4, 1998.
6. Section 135.163 is amended by revising paragraph (h) to read as
follows:
Sec. 135.163 Equipment requirements: Aircraft carrying passengers
under IFR.
* * * * *
(h) Two independent sources of energy (with means of selecting
either) of which at least one is an engine-driven pump or generator,
each of which is able to drive all required gyroscopic instruments
powered by, or to be powered by, that particular source and installed
so that failure of one instrument or source, does not interfere with
the energy supply to the remaining instruments or the other energy
source unless, for single-engine aircraft in all cargo operations only,
the rate of turn indicator has a source of energy separate from the
bank and pitch and direction indicators. For the purpose of this
paragraph, for multi-engine aircraft, each engine-driven source of
energy must be on a different engine.
* * * * *
Issued in Washington, DC on May 4, 1998.
Jane F. Garvey,
Administrator.
[FR Doc. 98-12229 Filed 5-4-98; 5:13 pm]
BILLING CODE 4910-13-U
