[Federal Register Volume 62, Number 227 (Tuesday, November 25, 1997)]
[Rules and Regulations]
[Pages 62806-62808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30833]
[[Page 62805]]
_______________________________________________________________________
Part II
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 21
Primary Category Seaplanes; Final Rule
Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 /
Rules and Regulations
[[Page 62806]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 21
[Docket No. 27641; Amendment No. 21-75]
RIN 2120-AG39
Primary Category Seaplanes
AGENCY: Federal Aviation Administration, DOT.
ACTION: Direct final rule; request for comments.
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SUMMARY: This direct final rule increases the maximum weight limit for
seaplanes that are proposed for type certification in the primary
category. When the Federal Aviation Administration (FAA) established
the 2,700-pound maximum weight limit for primary category aircraft, it
did not consider seaplanes. Seaplanes generally weigh more than
comparable landplanes because of the increased airframe weight and drag
associated with their designs. Therefore, the 2,700-pound maximum
weight limit for primary category aircraft results in a significantly
inferior performance, range, and payload when applied to seaplanes than
was originally intended for primary category aircraft. The FAA has
determined that a 3,375-pound maximum weight limit would provide
seaplanes with a level of utility comparable to primary category
landplanes.
DATES: Effective February 23, 1998.
Comments for inclusion in the Rules Docket must be received on or
before December 26, 1997.
ADDRESSES: Comments on this direct final rule should be delivered, in
triplicate, to: Federal Aviation Administration, Office of the Chief
Counsel (AGC-200), Attention: Rules Docket, Docket No. 27641, 800
Independence Avenue, SW., Washington, DC 20591. Comments also may be
submitted electronically to the following Internet address: 9-NPRM-
[email protected] Comments submitted must be marked: Docket No. 27641.
Comments may be examined in Room 915G on weekdays between 8:30 a.m. and
5:00 p.m., except Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Brian A. Yanez, Certification Procedures Branch (AIR-110), Aircraft
Certification Service, Federal Aviation Administration, 800
Independence Avenue, SE., Washington, DC 20591, telephone (202) 267-
9588.
SUPPLEMENTARY INFORMATION:
Direct Final Rule Procedure
The FAA anticipates that this regulation will not result in adverse
or negative comments, and, therefore, is issuing it as a direct final
rule. The subject of this rulemaking was raised previously in the
Federal Register through the publication of a notice of a petition for
exemption to permit an amphibious airplane to be type certificated in
the primary category with a maximum weight of 3,300 pounds. The FAA
received 115 favorable comments and no negative comments on the
proposed increased weight limit.
Unless a written adverse or negative comment, or a written notice
of intent to submit an adverse or negative comment, is received on this
direct final rule within the comment period, the regulation will become
effective on the date specified. After the close of the comment period,
the FAA will publish a document in the Federal Register indicating that
no adverse or negative comments were received and confirming the date
on which the final rule will become effective.
If the FAA does receive, within the comment period, an adverse or
negative comment, or written notice of intent to submit such a comment,
a document withdrawing the direct final rule will be published in the
Federal Register, and a notice of proposed rulemaking (NPRM) may be
published with a new comment period.
Comments Invited
Although this action is in the form of a final rule and was not
preceded by an NPRM, comments are invited on this rule. Interested
persons are invited to comment on this rule by submitting such written
data, views, or arguments as they may desire. Comments should identify
the Rules Docket number and be submitted in triplicate to the address
specified under the caption ADDRESSES. All communications received on
or before the closing date for comments will be considered, and this
rule may be amended or withdrawn in light of the comments received.
Factual information that supports a commenter's ideas and suggestions
is helpful in evaluating the effectiveness of this action and
determining whether additional rulemaking action would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. Substantive comments should be
accompanied by cost estimates. All comments submitted will be
available, before and after the closing date for comments, in the Rules
Docket for examination by interested persons. A report summarizing each
substantive public contact with FAA personnel concerning this action
will be filed in the docket.
Commenters wishing the FAA to acknowledge receipt of their comments
must submit with those comments a pre-addressed, stamped postcard on
which the following statement is made: ``Comments to Docket No.
27641.'' The postcard will be date stamped and returned to the
commenter.
Availability of Final Rule
Using a modem and suitable communications software, an electronic
copy of this document may be downloaded from the FAA regulations
section of the FedWorld electronic bulletin board service (telephone:
703-321-3339).
Internet users may reach the FAA's web page at http://www.faa.gov
or the Office of the Federal Register's web page on GPO Access at
http://www.access.gpo.gov/nara/index.html for access to recently
published rulemaking documents.
Any person may obtain a copy of this final rule by submitting 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. Communications must identify the amendment
number or docket number of this direct final rule.
Background
Statement of the Problem
On December 22, 1993, a manufacturer of amphibious kit planes
petitioned the FAA for exemption from the maximum weight limit for type
certification of primary category aircraft in Sec. 21.24(a)(1)(ii) of
Title 14, Code of Federal Regulations (14 CFR). The manufacturer listed
the individual components that cause amphibious airplanes to weigh more
than landplanes with a comparable utility. On May 10, 1994, a summary
of the petition was published in the Federal Register (59 FR 24209) for
public comment. The FAA subsequently determined that the manufacturer's
request should be addressed in a rulemaking action rather than through
the exemption process, because the relief sought addressed the general
applicability of the type certification requirements for primary
category aircraft.
History
On September 9, 1992, the FAA published in the Federal Register (57
[[Page 62807]]
FR 41360) a final rule establishing a new certification category for
personal- and recreational-use aircraft, known as primary category
aircraft. The final rule established simplified procedures for type,
production, and airworthiness certification, and associated maintenance
procedures for these aircraft. The intent of the rule was to: (1)
provide a category for aircraft that are less costly to certificate,
produce, purchase, and maintain than current normal category aircraft;
(2) stimulate the introduction of new, less costly aircraft designs;
(3) enable kit manufacturers to fill the demand for low-cost aircraft;
and (4) improve the safety of kit-built aircraft presently being
certificated as experimental, amateur-built aircraft.
Primary category airplanes may be unpowered or powered by a single,
naturally aspirated engine, with a stall speed of 61 knots or less.
These airplanes are limited to a maximum weight of 2,700 pounds, a
maximum seating capacity of four persons, and an unpressurized cabin.
Seaplanes were not considered when the primary category weight limit
was established.
Discussion
A seaplane is an airplane designed to take off from and land on
water. A seaplane can be classified as a flying boat, whose hull is the
means of support on the water, or a floatplane, which is supported on
the water by one or more floats. Amphibious airplanes are seaplanes
designed to take off from and land on either water or land.
Seaplanes generally weigh more than comparable landplanes due to
the increased airframe weight and drag associated with their designs.
Therefore, the 2,700-pound maximum weight limit for primary category
aircraft results in a significantly inferior performance, range, and
payload when applied to seaplanes than was originally intended for
primary category aircraft. The following features may contribute to a
seaplane's increased weight:
(1) A requirement for more horsepower to counteract the increased
drag of the hull/step configuration and sponsons. Seaplanes typically
require a six-cylinder engine rather than the lighter four-cylinder
engine used on landplanes weighing less than 2,700 pounds;
(2) Increased structural strength of the airplane's pylon or tail
structure to support the engine and propeller, which are usually
mounted above the hull;
(3) Larger elevators and stabilizers to overcome the vertical
pitching forces and a larger rudder for yaw stability due to the high
thrust line;
(4) A water rudder mechanism for taxiing in the water;
(5) Structural strengthening of the hull (including skin strength,
bulkheads, and longerons) to withstand water takeoff and landing loads;
(6) Wing sponsons and necessary reinforcement of the wing structure
to carry additional loading; and
(7) Retractable landing gear to permit operations from water or
land.
Because seaplanes weigh an average of 25 percent more than
comparable landplanes, this rule increases the maximum weight limit by
25 percent, to 3,375 pounds, for seaplanes certificated in the primary
category. This increase should offer primary category seaplanes a level
of utility comparable to primary category landplanes.
Currently, many seaplanes are certificated as experimental
airplanes. The inclusion of seaplanes in the primary category will
result in safety benefits by standardizing the design and construction
processes of these airplanes through the type certification process.
The FAA notes that kit-built seaplanes are eligible for certification
in the primary category if the kit is supplied by an FAA-approved
manufacturer and is assembled under the supervision and quality control
of the production approval holder.
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), there are no reporting or recordkeeping requirements
associated with this direct final rule.
International Compatibility
The FAA has reviewed corresponding International Civil Aviation
Organization (ICAO) standards and Joint Aviation Authorities (JAA)
regulations and found no comparable primary category certification
standards. The FAA notes that because primary category aircraft have a
special airworthiness certificate rather than an airworthiness
certificate based on ICAO Annex 8 standards, owners of U.S.-registered
primary category aircraft would require prior permission of the
appropriate airworthiness authority to operate outside the United
States.
Regulatory Evaluation Summary
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs Federal agencies to
consider, for new regulations or modifications to existing regulations,
if the potential benefits to society outweigh the potential costs.
Second, the Regulatory Flexibility Act (RFA) of 1980 requires agencies
to analyze the economic impact of regulatory changes on small entities.
Third, the Office of Management and Budget directs agencies to assess
the effects of regulatory changes on international trade. In conducting
these assessments, the FAA has determined that the proposed rule: (1)
would generate benefits exceeding its costs and is not ``significant''
as defined in Executive Order 12866; (2) would not be ``significant''
as defined in the Department of Transportation's (DOT) Policies and
Procedures; (3) would not have a significant impact on a substantial
number of small entities; and (4) would not restrain international
trade. These analyses, available in the docket, are summarized below.
The rule will provide the opportunity to reduce certification and
manufacturing costs for seaplanes weighing between 2,700 and 3,375
pounds that otherwise would be certificated under Sec. 21.21. The rule
makes available simplified procedures for type, production, and
airworthiness certification, and associated maintenance procedures for
these aircraft. The certification basis and standards afforded by this
amendment will be an option for the affected parties. Manufacturers and
owners/operators will only select the new alternative if it is in their
own best economic interests to do so. Therefore, the FAA concludes that
the rule will be cost beneficial.
Regulatory Flexibility Determination
The RFA of 1980 was enacted by Congress to ensure that small
entities are not unnecessarily or disproportionately burdened by
Government regulations. The RFA requires a Regulatory Flexibility
Analysis if a rule will have a significant economic impact, detrimental
or beneficial, on a substantial number of small entities. FAA Order
2100.14A, Regulatory Flexibility Criteria and Guidance, establishes
threshold cost values and small entity size standards for complying
with RFA review requirements in FAA rulemaking actions. Since the
alternatives afforded will be optional, the rule will not have a
significant economic impact on a substantial number of small entities.
International Trade Impact Statement
The rule will not constitute a barrier to international trade,
including the export of U.S. goods and services to foreign countries
and the import of foreign goods and services into the United States.
[[Page 62808]]
Federalism Implications
The regulations adopted herein will not have substantial direct
effects on the States, on the relationship between the national
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
Unfunded Mandates Reform Act Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (the Act),
codified as 2 U.S.C. 1501-1571, requires each Federal agency, to the
extent permitted by law, to prepare a written assessment of the effects
of any Federal mandate in a proposed or final agency rule that may
result in expenditures by State, local, and tribal governments, in the
aggregate, or by the private sector of $100 million or more (adjusted
annually for inflation) in any one year.
This rule does not meet the thresholds of the Act. Therefore, the
requirements of Title II of the Act do not apply.
Conclusion
For the reasons discussed in the preamble, and based on the
findings in the Regulatory Flexibility Determination and International
Trade Impact Analysis, the FAA has determined that this regulation is
not significant under Executive Order 12866. In addition, the FAA
certifies that this 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. This regulation is not
considered significant under DOT Order 2100.5, Policies and Procedures
for Simplification, Analysis, and Review of Regulations. A final
regulatory evaluation of the regulation, including a final Regulatory
Flexibility Determination and International Trade Impact Analysis, has
been placed in the docket. A copy may be obtained by contacting the
person identified under FOR FURTHER INFORMATION CONTACT.
List of Subjects in 14 CFR Part 21
Aircraft, Aviation safety, Exports, Imports, Primary category,
Reporting and recordkeeping requirements.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR part 21 of the Federal Aviation
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.
2. Section 21.24 is amended by revising paragraph (a)(1)(ii) to
read as follows:
Sec. 21.24 Issuance of type certificate: primary category aircraft.
(a) * * *
(1) * * *
(ii) Weighs not more than 2,700 pounds; or, for seaplanes, not more
than 3,375 pounds;
* * * * *
Issued in Washington, DC, on November 19, 1997.
Jane F. Garvey,
Administrator.
[FR Doc. 97-30833 Filed 11-24-97; 8:45 am]
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