[Federal Register Volume 59, Number 249 (Thursday, December 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32108]
[[Page Unknown]]
[Federal Register: December 29, 1994]
_______________________________________________________________________
Part VII
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR 121, 129, and 135
Traffic Alert and Collision Avoidance System, TCAS I; Final Rule
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 121, 129, and 135
[Docket No. 27663; Amdt No. 121-247, 129-24, 135-54]
RIN: 2120-AF24
Traffic Alert and Collision Avoidance System, TCAS I
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
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SUMMARY: This document revises the Federal Aviation Regulations (FAR)
to extend the compliance date from February 9, 1995, to December 31,
1995, for installing an approved traffic alert and collision avoidance
system (TCAS I). This amendment is necessary due to delays in TCAS I
equipment development and testing, the complexity of equipment use and
installation, and the requirement to complete complex supplemental type
certification programs.
DATES: This document is effective December 29, 1994. The final
compliance date is December 31, 1995. Comments on the revision of
section 121.356(b) must be received on or before February 27, 1995.
ADDRESSES: Send or deliver comments on the revision of section
121.356(b) in duplicate to: Federal Aviation Administration, Office of
the Chief Counsel, Attn: Rules Docket (AGC-204), Room 916, 800
Independence Avenue, SW., Washington, DC 20591. Comments may be
examined in the Rules Docket weekdays, except Federal Holidays, between
8:30 a.m. and 5:00 p.m.
FOR FURTHER INFORMATION CONTACT: Gary E. Davis, Project Development
Branch, AFS-240, Air Transportation Division, Office of Flight
Standards, Federal Aviation Administration, 800 Independence Avenue,
SW., Washington, DC 20591, Telephone (202) 267-8096.
SUPPLEMENTARY INFORMATION:
Background
In a petition for exemption dated October 13, 1992, the Regional
Airline Association (RAA) petitioned on behalf of its affected member
airlines and other similarly situated airlines for a temporary
exemption from the February 9, 1995, deadline to install an approved
TCAS I system (Docket No. 27008). The exemption was requested for
operators of turbine-powered airplanes with 10 to 30 passenger seats.
The FAA denied the petition on May 27, 1993. The FAA stated in its
denial that the general relief requested by the RAA is more
appropriately handled by rulemaking rather than exemption. This action
is the subsequent rulemaking response to the RAA petition for
exemption. The RAA's petition also sought a temporary exemption from
the April 20, 1994, deadline to install an approved Ground Proximity
Warning System (GPWS), which the FAA has denied and is not an issue in
this rulemaking.
In its October 13 petition, the RAA stated that extension of the
compliance date was needed because of delays in the development and
operational testing of prototype TCAS I equipment. The RAA stated that
when Amendment No. 135-30 established the TCAS I requirements on
January 6, 1989, the FAA acknowledged that no TCAS I design had been
approved, and no manufacturer had build a TCAS I unit. The FAA
considered these points in establishing a compliance date for
installation and operation of TCAS I at 6 years from the effective date
of the amendment.
RAA further stated that it was informed early in 1990 by ARINC
Research Corporation (ARINC), the FAA's TCAS I program contractor, that
equipment would be available for a Limited Installation Program (LIP)
testing by April 1991, and that the test would be completed in
approximately 1 year. RAA stated that ARINC advised it that the
development program for prototype TCAS I equipment was still not
complete, and that the LIP for the operational evaluation was not
expected to begin for at least several months.
RAA stated in its petition that because of this the TCAS I
development and operational evaluation program was more than 18 months
behind its original planned schedule, no TCAS I equipment had yet
received a technical standards order (TSO) approval, and to the RAA's
knowledge, only one manufacturer was currently accepting orders for
TCAS I deliveries. Air carriers are naturally reluctant to place orders
for this equipment before a TSO is issued and before the LIP has
confirmed the validity of the equipment design.
RAA asserted that an extension of time was required to permit the
evaluation and procurement of TCAS I equipment, to develop and obtain
approval of supplemental type certificates (STC) for each affected
airplane model, and to schedule equipment installations with minimum
disruptions to scheduled service.
RAA points out that simultaneously with the adoption of Amendment
No. 135-30, Amendment No. 121-201 was also adopted which required
development and installation of TCAS II on airplanes operating under
part 121. This amendment required that all affected airplanes be
equipped with TCAS II by December 30, 1991. After receiving numerous
objections from operators and other sources, the FAA reconsidered this
requirement and revised the installation dates; Amendment No. 121-217
established a phased installation schedule and delayed the full
compliance TCAS II installation date to December 30, 1993.
RAA submitted that the arguments that supported the extension of
time for TCAS II support a similar extension and phased installation
schedule for TCAS I installations. In fact, the TCAS I LIP was just
completed in June, 1994, and there remained, at the time of their
petition, a lack of any approved equipment installations because of the
lengthy STC approval process. Thus, the RAA expected that operators
would not be able to complete equipment selections and installations on
all airplanes by February 9, 1995.
RAA's petition for exemption also stated that FAA should rejustify
the need for a TCAS I rule. The RAA based its rationale on the fact
that the rule has a significantly higher-than-estimated cost to the
airline industry. RAA and its member carriers continue to support
realistic and achievable improvements in safety where the benefits
clearly justify the costs. It believes that the cost of safety-related
equipment must be compared to the potential benefits and the capability
of the industry to afford it; therefore, the FAA should consider
alternative approaches.
Aircraft seating 10 to 30 passengers and operating under part 121,
129, or 135 must be equipped with TCAS I by February 9, 1995, in
accordance with the regulation issued January 5, 1989 (54 FR 940). RAA
believed that the FAA should consider implementing a phased compliance
schedule as was done for part 121 carriers that were required to
install TCAS II (14 CFR 121.356), rather than adhere to the deadlines
in affected regulations.
The air carriers represented by RAA believe that extending the
compliance schedule for TCAS I would not adversely affect safety
because it would allow affected airlines to devote limited economic
resources to the orderly completion of TCAS I installations, along with
other air-worthiness and safety-related requirements. They believe the
general public will benefit by allowing for a more efficient allocation
of an operator's resources, and by reducing the number of disruptions
of scheduled service due to excessive unscheduled removal of aircraft
from service for equipment installation.
Consideration of Comments
The FAA published a notice of proposed rulemaking, in the Federal
Register on March 31, 1994, (59 FR 15308), proposing an extension of
the compliance date to March 31, 1997, to require that all affected
aircraft be equipped with TCAS I and seeking comments on the use of a
phased compliance schedule similar to the schedule that currently
exists for TCAS II. The FAA also invited public comment on any issue
discussed in the notice, and fully considered each commenter's position
before making any final decision on extending the TCAS I compliance
date.
Ten comments were received from individual operators, aircraft
leasing companies, equipment manufacturers, and trade associations.
Eight support the petition; two oppose it in its entirety, generally
citing TCAS as cost prohibitive. Of the eight supporting the petition,
five recommended that there be no phase in of the compliance schedule;
three recommended some form of a phase in.
Equipment manufacturers that commented on this rule favored a
phased compliance schedule because it would spread sales over a 2 year
period. This would provide an orderly manufacturing process, thereby
reducing product shortages as the final compliance date nears.
Commenters that were not in favor of a phased compliance schedule felt
that an arbitrary schedule sometimes places an undue burden on
operators to remove equipment from revenue service early in order to
meet the arbitrary date, when in fact, final installation may be
scheduled a few months later during the normal maintenance cycle.
The FAA does not agree with commenters who want to rescind the
rule. Analysis and experience indicate that the safety benefits from
this rule more than justify its costs. In addition, the FAA considers
those comments to be beyond the scope of the proposal.
Discussion of the Amendment
The FAA has considered all the facts and circumstances presented by
the RAA and commenters and extends the compliance date until December
31, 1995, for the installation of TCAS I in parts 121, 129, and 135.
The RAA has presented certain problems involved in obtaining and
installing TCAS I for part 135 operators. The FAA agrees that
circumstances may not warrant requiring the affected operators to
install TCAS I before February 9, 1995. A TSO has recently been issued.
The first aircraft received a supplemental type certificate (STC) for a
TCAS I installation in late July 1993, and the TCAS I LIP was completed
in June, 1994.
The delays in equipment development and testing that were reviewed
in the Notice, the complexity of the equipment use and installation,
and the requirement to complete complex supplemental type certification
programs remain as issues today just as they were when the RAA petition
was received. The passage of time has not completely abated these
concerns.
The FAA estimates that there are at least 25 different makes and
models of airplanes that operate under part 135 and are required to
have TCAS I installed. Many of these aircraft have been designed and
manufactured overseas, thus complicating the issue of availability of
design data for supplemental type certification, which is required of
each different make/model installation. The FAA, however, believes that
the compliance date of December 31, 1995, can be met by the majority of
affected air carriers. Because the basic requirement for TCAS has been
part of the regulations since 1989, the FAA believes that air carriers
have been making and implementing plans to install the TCAS system,
i.e., identifying requirements, identifying sources of equipment,
budgeting, projecting affected maintenance schedules, etc., even though
the initial testing phase of the equipment was behind schedule.
Deviation Procedures
The FAA recognizes that, in rare cases and despite the exercise of
best efforts, there may be justification for some additional extension
to the mandated compliance date. Accordingly, the FAA has provided a
means to request and receive a deviation of up to 6 months from the
carrier's local Principal Avionics Inspector (PAI) with the concurrence
of the Director, Flight Standards Service (AFS-1). Air carriers must
plan appropriate petition lead times to gain these approvals, with a
minimum of 60 days required from receipt of request to final approval.
Deviations will only be granted in extraordinary and unforeseen
circumstances, beyond the control of the air carrier. Even in such
circumstances, a deviation will not be granted unless specific criteria
are met: The carrier must show that a good faith effort has been
expended to meet the compliance date of December 31, 1995. In addition,
the carrier must document that it cannot meet certain milestones such
as TCAS equipment delivery, STC approval, installation schedules, and
that the aircraft could not be removed from service without a
significant adverse impact on the flying public.
Based on the above factors, and those discussed elsewhere in this
document and in the Notice, the FAA is extending the compliance date to
December 31, 1995. The FAA finds that this extension is in the public
interest, in that it represents an appropriate balance between
enhancement of safety and reasonable feasibility of compliance. Since
parts 121 and 129 contain a similar rule for operators of aircraft with
30 seats or less, the FAA is extending the compliance date for those
operators as well. However, the FAA does not find it appropriate to
grant as much relief as originally proposed because, as recognized by
the FAA, the TCAS system is an important piece of equipment, which
provides a significant enhancement of the safety of air travel.
Therefore, the compliance schedule has been adjusted from the original
Notice.
Because TCAS is an important part of the overall safety system, the
FAA wants certificate holders to comply with this TCAS rule as soon as
possible. In an effort to facilitate this, the FAA will advise the
traveling public of air carriers that have complied with this rule
significantly earlier than the required compliance date.
The TCAS rule, which was originally adopted in 1989, envisioned
covering all aircraft with 10 or more passenger seats. The preamble to
the original rule indicated the FAA's intent to require TCAS I for the
10 to 30 passenger seat aircraft, which are primarily operated under
part 135. However, the notice inadvertently did not propose a similar
provision for these aircraft for part 121, to cover those infrequent
circumstances in which these aircraft are operated under that part. The
original final rule, however, did insert a provision in part 121
covering combination cargo/passenger airplanes with 10-30 passenger
seats. This final rule will revise that part 121 TCAS I provision in
section 121.356(b) to cover all 10-30 passenger-seat airplanes. The FAA
views this change as posing no additional burden to the industry
because these aircraft are usually operated under part 135. Carriers
who operate both these aircraft and larger aircraft sometimes seek FAA
authorization to operate all aircraft under part 121 to simplify
functions such as crewmember training. These operators do not seek to
follow part 121 rules to avoid the installation of TCAS.
The FAA considers further comment on this provision to be
unnecessary, and is adopting this revision in this final rule. However,
in accordance with DOT policy, interested persons are invited to submit
comments on the revision of section 121.356(b) as they may desire.
Correspondence should identify the docket number and be submitted in
duplicate to the address provided above. All communications received on
or before the close of the comment period will be considered by the
Administrator, and this amendment may be changed in the light of
comments received. All comments will be available for public review,
both before and after the closing date for comments, in the rules
docket.
Regulatory Analyses
Executive Order 12866 established the requirement that, within the
extent permitted by law, a Federal regulatory action may be undertaken
only if the potential benefits to society for the regulation outweigh
the potential costs to society. In response to this requirement, and in
accordance with Department of Transportation policies and procedures,
the FAA has estimated the anticipated benefits and costs of this
rulemaking action. The FAA has determined that this rule is not a
``significant rulemaking action,'' as defined by Executive Order 12866
(Regulatory Planning and Review).
The rule will extend the compliance date to install an approved
traffic alert and collision avoidance systems (TCAS I) from February 9,
1995, to December 31, 1995. This rule will apply to turbine-powered
aircraft with 10 to 30 seats operated under parts 121, 135 and 129.
This extension of the compliance deadline is necessary because of
delays in the development and operational testing of prototype TCAS I
equipment, the complexity of the equipment use and installation, and
the requirement to complete complex supplemental type certification
programs.
Final Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) was enacted by
Congress to ensure that small entities are not unnecessarily burdened
by government regulations. The RFA requires agencies to review rules
that may have a ``significant economic impact on a substantial number
of small entities.''
Under FAA Order 2100.14A, the criterion for a ``substantial
number'' is a number that is not less than 11 and that is more than one
third of the small entities subject to the rules. For operators of
aircraft for hire, a small operator is one that owns, but not
necessarily operates, nine or fewer aircraft. This proposal would
mainly affect part 135 scheduled operators, although some unscheduled
operators could be affected as well. The FAA's criterion for a
``significant impact'' is $116,300 or more per year for a scheduled
operator and $4,600 or more for an unscheduled operator.
This rule to extend the compliance date for installing TCAS I
equipment will not have any economic impact on small operators.
Therefore, the FAA has determined that the final rule will not have a
significant impact on a substantial number of small operators.
International Trade Impact Assessment
The Office of Management and Budget directs agencies to assess the
effects of regulatory changes on international trade. The impact of the
rule change on international trade should be limited by the
regionalized nature of the routes that are typically flown by aircraft
with 10 to 30 seats. In addition, the fact that this rule will have the
same economic impact on both the domestic (part 135) and foreign
operators (part 129) of this size range of aircraft will limit its
impact on competitive relationships between these two classes of
operators. Based on this information, the FAA concludes that the rule
change will have a negligible impact on international trade.
Federalism Implications
This amendment does 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 rule change does not have
sufficient federalism implications to warrant the preparation of a
Federalism Assessment.
Paperwork Reduction Act
There are no requirements for information collection associated
with this rule that requires approval from the Office of Management and
Budget pursuant to the Paperwork Reduction Act of 1980 (Pub. L. 96-
511).
Conclusion
For the reasons discussed in the preamble, this regulation is not
significant under Executive Order 12866. In addition, it is certified
that this amendment does not have a significant economic impact,
positive or negative, on a substantial number of small entities under
the criteria of the Regulatory Flexibility Act. However, this amendment
is considered significant under DOT Regulatory Policies and Procedures
(44 FR 11034; February 26, 1979).
List of Subjects
14 CFR Part 121
Air carriers, Aircraft, Aviation safety, Charter flights, Safety.
14 CFR Part 129
Air carriers, Aircraft, Aviation safety.
14 CFR Part 135
Air carriers, Aircraft, Airplanes, Air taxis, Air transportation,
Aviation safety, Charter flights, Safety, Transportation.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends parts 121, 129, and 135 of the Federal Aviation
Regulations (14 CFR part 121, 14 CFR part 129, and 14 CFR part 135) as
follows:
PART 121--CERTIFICATION AND OPERATIONS: DOMESTIC, FLAG, AND
SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE
AIRCRAFT
1. The authority citation for part 121 continues to read as
follows:
Authority: 49 U.S.C. 1354(a), 1355, 1356, 1357, 1401, 1421-1430,
1472, 1485, and 1502; 49 U.S.C. 106(g) (Revised Pub. L. 97-449,
January 12, 1983).
2. Section 121.356 is amended by revising paragraph (b) to read as
follows:
Sec. 121.356 Traffic Alert and Collision Avoidance System.
(b) * * *
(b) Unless otherwise authorized by the Administrator, after
December 31, 1995, no person may operate a passenger or combination
cargo/passenger seat configuration, excluding any pilot seat, of 10 to
30 seats unless it is equipped with an approved traffic alert and
collision avoidance system. If a TCAS II system is installed, it must
be capable of coordinating with TCAS units that meet TSO C-119.
* * * * *
PART 129--OPERATIONS: FOREIGN AIR CARRIERS AND FOREIGN OPERATORS OF
U.S. REGISTERED AIRCRAFT ENGAGED IN COMMON CARRIAGE
3. The authority citation for part 129 continues to read as
follows:
Authority: 49 U.S.C. App. 1346, 1354(a), 1356, 1357, 1421, 1502,
and 1511; 49 U.S.C. 106(g) (revised Pub. L. 97-449, January 12,
1983).
4. Section 129.18 is amended by revising paragraph (b) to read as
follows:
Sec. 129.18 Traffic Alert and Collision Avoidance System.
(a) * * *
(b) Unless otherwise authorized by the Administrator, after
December 31, 1995, no foreign air carrier may operate in the United
States a turbine powered airplane that has a passenger seat
configuration, excluding any pilot seat, of 10 to 30 seats unless it is
equipped with an approved traffic alert and collision avoidance system.
If a TCAS II system is installed, it must be capable of coordinating
with TCAS units that meet TSO C-119.
PART 135--AIR TAXI OPERATORS AND COMMERCIAL OPERATORS
5. The authority citation for part 135 continues to read as
follows:
Authority: 49 U.S.C. 1354(a), 1355(a), 1421 through 1431, and
1502; 49 U.S.C. 106(g) (revised Pub. L. 97-449, January 12, 1983).
6. Section 135.180 is amended by revising paragraph (a) to read as
follows:
Sec. 135.180 Traffic Alert and Collision Avoidance System.
(a) Unless otherwise authorized by the Administrator, after
December 31, 1995, no person may operate a turbine powered airplane
that has a passenger seat configuration, excluding any pilot seat, of
10 to 30 seats unless it is equipped with an approved traffic alert and
collision avoidance system. If a TCAS II system is installed, it must
be capable of coordinating with TCAS units that meet TSO C-119.
* * * * *
Issued in Washington, D.C., on December 23, 1994.
David R. Hinson,
Administration.
[FR Doc. 94-32108 Filed 12-23-94; 2:54 pm]
BILLING CODE 4910-13-M
