[Federal Register Volume 61, Number 38 (Monday, February 26, 1996)]
[Rules and Regulations]
[Pages 7186-7191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4263]
[[Page 7185]]
_______________________________________________________________________
Part V
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 1 et al.
Extending Overwater Operations With a Single Long-Range Communication
System and a Single Long-Range Navigation System; Final Rule
Federal Register / Vol. 61, No. 61 / Monday, February 26, 1996 /
Rules and Regulations
=======================================================================
-----------------------------------------------------------------------
[[Page 7186]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 1, 91, 121, 125, and 135
RIN 2120-AF12
[Docket No. 27474; Amendment No. 1-44, 91-249, 121-254, 125-25 and 135-
61]
Extended Overwater Operations With a Single Long-Range
Communication System (LRCS) and a Single Long-Range Navigation System
(LRNS)
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action revises the Federal Aviation Regulations for
certain overwater operations for air carriers, commercial operators,
and general aviation operators of large and of turbine-powered
multiengine airplanes. It defines and clarifies requirements for using
long-range navigation systems (LRNS) and long-range communication
systems (LRCS) and sets forth criteria for navigation and communication
equipment for certain overwater operations. Under this rule, air
carriers and commercial operators are authorized to use a single LRCS
and a single LRNS for extended overwater routes detailed in their
operations specifications. Affected general aviation operators, who
already are authorized to use a single LRCS when they have two very
high frequency (VHF) communication systems, are authorized to use a
single LRNS in overwater operations in the Gulf of Mexico, the
Caribbean Sea, and part of the western Atlantic Ocean. This rule gives
the FAA greater flexibility in responding to advances in aviation
technology and changes in the operational environment and allows
operators to conduct extended overwater operations without carrying
unnecessary communication and navigation equipment.
EFFECTIVE DATE: February 26, 1996.
FOR FURTHER INFORMATION CONTACT:
Daniel V. Meier, Jr., Project Development Branch, AFS-240, Air
Transportation Division, Office of Flight Standards, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591,
telephone (202) 267-3749.
SUPPLEMENTARY INFORMATION:
Background
Air traffic in the Gulf of Mexico, the Caribbean Sea, and part of
the western Atlantic Ocean (subsequently referred to in this document
as the geographic area) has increased substantially during the last 20
years. With this increase has come corresponding technological advances
inherent with more modern aircraft and improved navigation and
communications systems.
Advances in aircraft technology have increased the overall speed
and functional reliability of modern airplanes. These high-speed
airplanes can cover routes in the geographic area much more quickly
than their predecessors. Because of their higher speeds, they also can
cover greater distances during the time between hourly fixes. Thus, the
number of routes in the geographic area where time between reliable
fixes was 1 hour or more has been reduced for these airplanes.
Similarly, the airplane's exposure to the loss of its LRNS before the
next reliable fix can be obtained is reduced. Since such aircraft also
routinely operate at higher altitudes en route, they can conduct very
high frequency (VHF) communications at greater ranges from their
corresponding ground facilities than their predecessors.
Advances in avionics have resulted in increasingly accurate and
dependable navigation systems, using inputs from Loran C, Omega/very
low frequency (VLF), inertial navigation, or reference systems (INS),
and, most recently, the global positioning satellite navigation system
(GPS). Each navigation system typically gives instantaneous readouts of
position, ground speed, wind, and waypoint progress. Radio
communication systems have enjoyed similar advances. Bulky vacuum tube
units have given way to miniaturized units with transistors, precise
frequency selection, and high reliability, which produce the same or
greater transmitting power than older models. In addition, the
proliferation of VHF communication facilities within the geographic
area ensures that many routes now can be flown with a VHF
communications gap of no more than 30 minutes.
The increased reliability of modern LRNS reduces navigation errors.
Sophisticated flight management systems (FMS) integrate control and
navigation systems of an airplane and combine several navigation inputs
to provide greater position reliability. The multiple navigation inputs
into an FMS increase the accuracy of the system, and its reliability
when compared to earlier navigation systems which only received a
single source input. If the LRNS fails on an airplane using such
sophisticated equipment, navigation errors inherent in dead-reckoning
procedures from the moment of the failure until the next reporting
point or fix should be well within the navigational performance
capability required for the route to be flown.
Just as navigation systems have experienced several enhancements,
ongoing developments in data link and satellite technology also have
resulted in enhanced communications. The airborne equipment that
aircraft use has improved due to advances in avionics reliability and
miniaturization. These smaller units mean less weight on board the
airplane.
The FAA believes that the probability that an airplane would
experience a failure of both its single long-range communications
system (LRCS) and its single LRNS when suitable navigation aids cannot
be received is minimal. Advanced technology notwithstanding, however, a
single LRCS could fail during a flight segment in which the airplane is
operated beyond the range of VHF radio communication equipment. Even if
such a failure did occur, the increased density of other air traffic in
the vicinity could provide the affected airplane with some backup VHF
communications with ATC. Moreover, regardless of the number of other
aircraft in the area, if the flightcrew adheres to proper operational
procedures, failure of the LRNS should not lead to an increased
potential for conflict between aircraft before the airplane could come
into range of suitable navigation aids (e.g. non-directional beacon,
very high frequency omnirange (VOR), etc.).
Because of the increased speeds and higher altitudes at which
airplanes now operate, improved equipment, improved reliability, and
greater accuracy of LRNS systems, the FAA has concluded that, where
exposure time for a critical equipment failure is 1 hour or less, the
following is true:
The probability of a failure is less than the probability
of a failure with less modern equipment;
With the accuracy of the present equipment, operators have
better knowledge of their position if a failure does occur.
All of the factors discussed above have brought about the need to
update the regulations to conform current technology to the types of
operations that are currently being authorized. Namely, the FAA has
found that operations in the geographic area can be conducted without
the burden of additional navigation and communication systems carried
in the aircraft. Therefore, on a case-by-case basis, and with certain
conditions and limitations, the FAA has allowed a number of operators
to conduct operations in the geographic area with a single LRCS and a
single LRNS. To
[[Page 7187]]
date, such operations have had no adverse effect on safety.
General Discussion of Current Requirements for Extended Overwater
Operations
General Aviation Operations
With one exception, set forth in Sec. 91.511(d), 14 Code of Federal
Regulations part 91, subpart F, the FAA currently requires large and
turbine-powered multiengine airplanes engaged in overwater operations
to be equipped with two independent communication and two independent
navigation systems. Communication equipment must be appropriate to the
facilities to be4 used and able to transmit to and receive from at
least one surface facility at any place on the route. Navigation
equipment must be able to provide the pilot with the information
necessary to navigate the airplane within the airspace assigned by ATC.
Under the exception in Sec. 91.511(d), if a route requires the use of
both VHF and LRCS communication equipment, and the airplane has two VHF
transmitters and two VHF receivers, then only one LRCS transmitter and
one LRCS receiver is required for communications.
Air Carrier and Commercial Operations
Parts 121, 125, and 135 also require airplanes engaged in extended
overwater operations to be equipped with two independent communication
and two independent navigation systems. Like part 91, parts 125 and 135
require that the communication equipment be appropriate to the
facilities to be used and capable of transmitting to and receiving from
at least one ground facility at any place on the route. Although the
regulatory language differs somewhat, part 121 contains essentially the
same requirements for communication equipment. Specifically, part 121
requires two independent communication systems able to communicate,
under normal operating conditions, with (1) at least one appropriate
ground station from any point on the route and with (2) appropriate
traffic control facilities from any point in the airspace within which
the flights are intended. These communication systems also must be able
to receive meteorological information from any point en route. Unlike
part 91, however, parts 121, 125, and 135 do not allow the use of a
single LRCS where the airplane is also equipped with two VHF radios or
systems. Thus, if a route requires use of both VHF and LRCS, airplanes
operating under parts 121, 125, and 135 must have two VHF radios and
two LRCS.
Section 121.349(b) allows for the use of a single automatic
direction finder (ADF) when two VOR navigation units are installed and
VOR navigation aids are so located and the airplane is so fueled that,
in the case of a failure of the ADF, the flight may proceed safely to a
suitable airport by means of VOR aids. In all other cases, when use of
ADF, VOR navigation equipment, or both, is needed for primary
navigation, the current rules for parts 121, 125, and 135 require the
airplane to be equipped with two ADF and two VOR navigation units, as
appropriate.
General Discussion of the Rule
The FAA is expanding, under certain conditions, the authority for
air carriers and commercial operators to amend their operations
specifications to use a single LRCS and a single LRNS. The FAA has
determined that, for the time being, the authority will be limited to
the geographic area. This limitation is based primarily on the ready
availability of navigation and communication facilities within the
geographic area, which provide a crucial buffer in the event of a
communication or navigation failure. In appropriate circumstances, the
FAA may expand the areas in which operations with a single LRCS and a
single LRNS will be permitted for part 121, 125, and 135 operators.
Aside from the current authority set forth in Secs. 91.511(d) and
121.349(b), this rule does not change the general requirements under
parts 91, 121, 125, and 135 for two VHF communication systems and two
each of any appropriate navigation systems required for the route to be
flown except in the geographic area. The FAA has concluded that, by
maintaining these requirements, air transportation safety is not
compromised.
The FAA is amending part 91 and creating operation specification
authority for operators under parts 121, 125, and 135 based on the
factors mentioned above and on the operator's ability to maintain two-
way communications with ATC and, where appropriate, the certificate
holder's dispatch office. Without such factors, ATC's ability to
control airplanes in the geographic area would be adversely impacted,
increasing the potential for air traffic conflicts. The flightcrew must
be able to notify ATC of an LRNS failure and must be able to tell ATC
whether the flightcrew can reliably fix the airplane's position using
other means.
Part 91
As a result of changes in technology, the operational environment
described, and experience gained with exemptions allowing a single
LRNS, the FAA has concluded that part 91 operators of large and of
turbojet multiengine airplanes should be able to operate safely with a
single LRCS and a single LRNS in the geographic area. In conducting
operations in the geographic area, these general aviation operators
should consider how long they may be without two-way VHF
communications. For flight planning purposes, the FAA recommends that
this gap should not exceed 30 minutes. The operator also should
consider whether the position of the airplane can be reliably fixed at
least once each hour if the LRNS fails.
Parts 121, 125, and 135
The FAA believes that the only appropriate method for authorizing
single LRCS/single LRNS operations for part 121, 125, and 135
certificate holders is through FAA-approved authorizations, which will
be set forth in the certificate holder's operations specifications.
This method of approval is necessary because it will provide both the
FAA and the certificate holder greater flexibility in dealing with
varied equipment configurations, possible reclassification of airspace
operating areas, changes in navigational requirements, and changes in
air traffic separation standards.
The FAA has authorized these operations in the past and has
determined that controlling a VHF communication gap through operations
specifications will provide an equivalent level of safety. Loss of the
single LRNS still requires each operator to reliably fix the airplane's
position at least once each hour if the flight is continued and to
navigate within the required degree of accuracy over any authorized
route.
Definition of LRNS and LRCS
In the proposal, the FAA defined an LRNS as an electronic
navigation unit that is approved for use under instrument flight rules
(IFR) as a primary means of navigation and has at least one source of
navigational input, such as INS, Omega/very low frequency, and Loran C.
In this definition, the FAA did not limit the scope of acceptable LRNS
to radio-based or ground-based systems. Such nonradio, nonground-based
systems as INS are included within the scope of acceptable alternatives
as long as the system chosen has been approved for use under IFR. If
approved, GPS or similar
[[Page 7188]]
navigation systems also could fall within this definition. Where ADF or
VOR radio navigation is impractical or unusable, the FAA interprets the
current regulations to require the airplane to be equipped with two
LRNS for extended overwater operations. This final rule changes this
dual LRNS requirement. For parts 121, 125, and 135, authorization for a
single LRNS and a single LRCS will be approved in the certificate
holder's operations specifications. Since affected part 91 operators do
not use operations specifications, they would be authorized to use a
single LRNS, but only in the geographic area.
Although not defined in the proposal, the FAA has determined that,
for clarity, LRCS, like LRNS, should be defined in the final rule. The
FAA defines an LRCS as a long-range communication system that uses
satellite relay, data link, high frequency, or other approved
communication system which extends beyond line of sight. The FAA also
has determined that the definitions for LRNS and LRCS would be better
placed in part 1, Definitions and Abbreviations, for easy reference of
all affected operators and to avoid the redundancy of repeating the
definitions in all affected parts. Therefore, the definitions for LRCS
and LRNS will be added to Sec. 1.1, General definitions. These
definitions will be added to this section, in appropriate alphabetical
order, following the currently listed definition of ``load factor.''
Conditions and Limitations for All Operators
Because part 91 operators are not required to have operations
specifications, this rule limits general aviation single LRNS
operations to the geographic area. The areas of operation covered in
this rule for affected general aviation operators include the Gulf of
Mexico, the Caribbean Sea, and the Atlantic Ocean west of a line which
extends from 44 deg.47'00'' N / 67 deg.00'00'' W to 39 deg.00'00'N /
67 deg.00'00''W to 38 deg.30'00''N /60 deg.00'00'' W south along the
60 deg.00'00'' W longitude line to the point where the line intersects
with the northern coast of South America. This geographic area does not
include the North Atlantic Minimum Navigational Performance
Specifications (NAT/MNPS) airspace, where operations are governed by
Sec. 91.705 and appendix C to part 91.
Limitations for air carrier and commercial operations will be set
forth in the certificate holders' operations specifications. As in the
case of general aviation operations, the area of operation for air
carrier and commercial operators will not include NAT/MNPS airspace. At
a minimum, these operators must always comply with International Civil
Aviation Organization (ICAO) requirements for the area of operations.
Discussion of Comments
On October 5, 1993, the FAA published a notice proposing to allow
extended overwater operations with single LRCS and single LRNS (58 FR
51938). The FAA received six comments on the proposal. The National
Business Aircraft Association, Inc. (NBAA), the Aircraft Owners and
Pilots Association (AOPA), and the Air Transport Association (ATA)
expressed support with recommendations. Northwest Airlines expressed
neither support nor opposition but did provide a recommendation. The
Boeing Commercial Airplane Group acknowledged the proposal but had ``no
comment'' and an aviation consulting firm was opposed to the proposal.
These comments are discussed as follows:
NBAA
The NBAA indicated that it ``strongly supports'' the proposed
changes to allow single LRNS and LRCS. It recommended, however, that
proposed Sec. 121.99 be incorporated into parts 91, 125, and 135 since
these parts also require the latitude to access new technology
communication links without being tied solely to HF.
FAA response: This rule is intended to affect use of LRNS and LRCS
for extended overwater operations. The FAA recognizes that additional
updates to the rules are needed in view of advances in technology, such
as GPS. Such changes will be addressed in future rulemaking
initiatives.
AOPA
AOPA supported the proposal and recommended that the requirement
for an LRCS be eliminated entirely for certain aircraft in flight
conditions where no more than a 30-minute gap in two-way communications
exists. AOPA supported its recommendation by stating that LRCS
equipment is cumbersome and expensive. According to the commentor, LRCS
equipment is often adversely affected by precipitation and other
weather conditions. Further, in overwater areas, pilots relay
transmissions to ATC through other aircraft and do not depend on their
LRCS.
FAA response: The FAA acknowledges that an LRCS has some
disadvantages; however, these disadvantages are offset by the necessity
for communications when an airplane is operating in extended overwater
beyond the range of VHF ground-based communications. While airplanes
operating in accordance with Sec. 91.511 are not involved in the
carriage of persons or cargo for compensation or hire, these airplanes
nevertheless share airspace in the geographic area with air carriers
which are engaged in transporting passengers and cargo. Therefore, the
FAA considers it necessary for safety that all aircraft operating in
the geographic area be able to communicate with ATC at all times.
ATA
The ATA supported the proposal indicating that it would provide
administrative and economic relief from an unnecessary regulatory
burden. Apparently in reference to the 15-day comment period however,
the commentor noted that, in future proposals, the FAA must abide by
the requirements of the Administrative Procedures Act (APA). Northwest
echoed this comment regarding the APA.
FAA response: In allotting the 15-day comment period, the FAA was
responding to the large number of requests for relief from the aviation
industry. The FAA considered it to be in the best interest of safety
and the public to expedite the regulation by every means possible. The
FAA did not violate any requirements of the APA, which does not require
specific comment periods for rulemaking.
Northwest Airlines
Northwest Airlines suggested that the proposed rule be amended to
allow operations in NAT/MNPS airspace for flights to and from SLATIN
along or west of A632. According to the commentor, the area of NAT/MNPS
airspace traversed by A632 is within VHF coverage except for an area of
non-coverage located on either side of the mid point of A632 between
Bermuda and the mainland of the U.S. The commentor asserted that this
non-coverage area can be traversed within 6 minutes. Northwest further
indicated that extending the boundary of the area below 27 deg.00'00''
N from longitude 60 deg.00'00'' W, would include the island of Barbados
and thereby preclude any confusion regarding coverage of the total
Caribbean island chain. Lastly, Northwest indicated that the
coordinates describing operations under part 91 do not have the same
boundaries as defined by part 91, appendix C. According to the
commentor, this presents confusion to ATC with respect to the different
requirements for air carrier and general aviation operations.
[[Page 7189]]
FAA response: The route from SLATIN along A632 to approximate
38 deg.30'00'' N and 67 deg.30'00'' W is NAT/MNPS airspace and, as
such, is governed by ICAO agreements which require redundant navigation
and communication systems. It is not within the scope (authority) of
this rule to alter those agreements. This airspace represents an
extremely small part of the total geographic area considered in this
rule and can be crossed in 6 minutes by a turbine-powered air transport
category airplane. Airlines may operate through this airspace with one
LRNS and one LRCS provided they obtain a letter of agreement with ATC.
These operations have been successful in the past and the FAA does not
consider it to be in the public interest for the U.S. government to
file a difference with ICAO.
The boundaries defined in the rule represent a general oceanic
area, outside NAT/MNPS airspace, in which a single LRNS and single LRCS
may be used when an airplane is unable to navigate by reference to
standard ICAO navigational aids such as VOR or ADF. The location of the
island of Barbados outside the western boundary of the geographic area
does not exclude it from operations conducted under this regulation
since VOR coverage extends well into the geographic area.
The commentor's concern regarding possible conflict between the
requirements of part 91, appendix C and the boundaries of the
geographic area of the rule is unfounded. Part 91, appendix C refers to
operations within NAT/MNPS airspace whereas the regulation limits
operation to airspace outside NAT/MNPS airspace.
Aviation Consulting Firm
George Rabe & Associates, the aviation consulting firm opposed to
the proposal indicated that some of the more modern communication and
navigation systems are an improvement; however, some are not.
Nonetheless, according to the commentor, since smaller airlines cannot
afford to purchase the more expensive communication and navigation
systems, they do not have the luxury of operating with enhanced
accuracy and reliability provided by the more sophisticated systems.
This commentor stated that the economic arguments of the proposal are
not justified given that GPS is expected to bring down costs and that
some operators will still conduct operations requiring the use of dual
LRNS and LRCS. Moreover, according to this commentor, increased air
traffic and reduced separation standards should bring forth a
requirement for improved navigation safety not a reduction in safety
standards. Indicating that errors are not mechanical but human, this
commentor recommended maintaining the requirement for dual LRNS and
LRCS and also improving training requirements.
FAA response: The FAA realizes that cost differences exist among
LRNS and LRCS equipment and that there may be some differences in
accuracy; however, all equipment used for operations under this rule
must meet certain standards of approval established by the FAA. These
standards serve to assure that an acceptable level of safety is
maintained regardless of the cost and availability of the equipment.
The safe operation of LRNS and LRCS is a part of the operators'
approved training program and is assured by FAA inspection and
surveillance. Knowing that mistakes in navigation occasionally will be
made, the FAA established certain operational factors in the rule to
minimize any potential threat to safety which may result from potential
errors.
One of the major factors considered in this rule is the question of
economic burden to the air transportation industry. The FAA believes
that this rule will relieve the airlines of a significant cost burden.
If GPS LRNS units, and subsequently approved operations, present a cost
savings above other, more prevalent, systems in use today, the FAA
would certainly favor such a potential.
Economic Summary
This final rule reduces costs to operators by eliminating the
requirements for two LRCS and two LRNS in the Gulf of Mexico, part of
the western Atlantic Ocean, and the Caribbean Sea (the geographic
area). Savings will come from reduced avionics costs, reduced fuel
consumption from less aircraft weight, and reduced risk of flight
cancellations due to inoperative equipment.
The FAA estimates the fleet size operating in the geographic area
will be approximately 158 airplanes in 1995. The FAA assumes that the
size of the fleet serving the geographic area will grow by 5.5 percent
annually over the 10-year period, 1995-2004. Although the fleet
composition varies from jumbo jets to smaller twin-engine turboprop
planes, commercial operators most often use Boeing 727's in the
geographic area. In addition to the scheduled commercial fleet, general
aviation and non-commercial operators operating in the geographic area
will gain some relief from this rule as well. The FAA, however, does
not have an accurate measure of the size of the fleet operating in the
geographic area.
Each commercial operator will save approximately $17,000 per
airplane in equipment costs and will reduce aircraft weight 20 pounds
per airplane by eliminating one LRCS; each commercial operator will
save about $36,000 per airplane in equipment costs and will reduce
aircraft weight 20 pounds per airplane by eliminating one LRNS. For
existing airplanes with equipment made redundant by this rule, the
resulting avionics cost savings will total about $53,000 per converted
airplane. The FAA also estimates that each additional pound on an
airplane costs an operator an additional 15 gallons of fuel annually.
Assuming a converted airplane removes two 20-pound pieces of equipment,
the reduction in weight will save 600 gallons of fuel each year. Using
a 1993 average jet fuel price of $.675 per gallon, the reduction in
weight of 600 gallons of fuel per year will result in annual savings
totaling over $400 per converted airplane.
Additional savings from the rule will also come from reduced flight
cancellations as operators experience fewer equipment failures as a
result of the reduced equipment requirements. Cost reduction resulting
from the prevention of a cancellation depends on passenger time,
passenger handling costs, lost revenue, and operating costs. The
approximate cost of a Boeing 727 cancellation is estimated to equal
just over $28,000. The FAA, however, does not have an accurate estimate
for the number of flight cancellations attributable to non-functioning
LRCS or LRNS for airplanes operating in the geographic area from which
to estimate the total cost savings resulting from reduced
cancellations.
The FAA assumes that 50 percent of the commercial fleet serving the
geographic area will reduce the equipment in its airplanes to only one
LRCS and one LRNS, and that this conversion will occur during the first
2 years after implementation of the rule. Thereafter, the FAA assumes
that one-half the airplanes added to the commercial fleet will be
placed in service with only one LRCS and one LRNS. The FAA further
assumes that the savings resulting from reduced fuel expenditure
applies to the equipment conversion of 50 percent of the fleet
converting to a single LRCS and a single LRNS.
In each of the first 2 years after the rule becomes effective, the
industry will reduce avionics costs by over $2 million. Over the decade
1995-2004, the total savings in 1993 dollars for reduced avionics
requirements will exceed $6.7
[[Page 7190]]
million. The fuel savings resulting from airplane weight reduction will
add another $389,000 in reduced costs, bringing the total cost savings
in 1993 dollars for this final rule to more than $7.1 million. The net
discounted savings for the decade 1995-2004, will total just over $5.7
million.
The FAA has determined that no safety problem exists with the
reduction in requirements for dual LRCS and dual LRNS for certain
overwater operations. In the past two decades, the FAA has granted
limited exemption from the requirements for dual LRCS and LRNS to
certain qualified operators operating in the geographic area. No
airplane operating under exemption has had an accident which can be
attributed to having only one LRCS or one LRNS. During that time, the
accuracy and reliability of navigation equipment has continuously
improved. Thus, the FAA believes that this rule presents no degradation
in aviation safety in the geographic area.
International Trade Impact Analysis
Domestic air carriers will receive a negligible cost reduction, but
there will be no impact on foreign operators. Hence, this rule will
have no effect on the sale of foreign aviation products or services in
the U.S. or on the sale of U.S. products or services in foreign
countries.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) ensures that
government regulations do not needlessly and disproportionately burden
small businesses. The RFA requires the FAA to review each rule that may
have ``a significant economic impact on a substantial number of small
entities.''
FAA criteria define ``a substantial number'' as not less than
eleven nor more than one-third of the small entities subject to the
rule. Among air carriers, a small entity is defined as one which owns,
but does not necessarily operate, nine or fewer aircraft. The criteria
define ``a significant impact'' as follows: $102,000 for scheduled air
carriers with 60 or more seats; $57,000 for scheduled air carriers with
fewer than 60 seats.
This amendment is wholly cost relieving. By eliminating the need
for two LRCS and LRNS in the geographic area, the estimated cost
savings to an operator is $53,000. This savings is less than the
threshold amount for small, scheduled operators.
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 rule
would not have federalism implications requiring the preparation of a
Federalism Assessment.
International Civil Aviation Organization and Joint Aviation
Regulations
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with ICAO
Standards and Recommended Practices (SARP) to the maximum extent
practicable. For this amendment, the FAA has reviewed the SARP of Annex
6, Parts I and II, applicable to international commercial air
transportation operations and international general aviation operations
respectively. The FAA has determined that this rule would not present
any differences.
Paperwork Reduction Act
This rule contains no 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.).
Conclusion
For the reasons discussed in the preamble, and based on the
findings in the Regulatory Flexibility Determination and the
International Trade Impact Statement, the FAA has determined that this
regulation is not significant under Executive Order 12866. In addition,
it is certified 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 rule is not
significant under DOT Regulatory Policies and Procedures (44 FR 11034;
February 26, 1979).
List of Subjects
14 CFR Part 1
Air Transportation.
14 CFR Part 91
Aircraft, Airmen, Airports, Air traffic control, Aviation safety.
14 CFR Part 121
Air Carriers, Aircraft, Airmen.
14 CFR Part 125
Aircraft, Airmen, Aviation safety.
14 CFR Part 135
Air taxis, Aircraft, Airmen, Aviation safety.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR parts 1, 91, 121, 125, and 135 as follows:
PART 1--DEFINITIONS AND ABBREVIATIONS
1. The authority citation for part 1 is revised to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
2. Section 1.1 is amended by adding the following definitions:
Sec. 1.1 General definitions.
* * * * *
Long-range communication system (LRCS). A system that uses
satellite relay, data link, high frequency, or another approved
communication system which extends beyond line of sight.
Long-range navigation system (LRNS). An electronic navigation unit
that is approved for use under instrument flight rules as a primary
means of navigation, and has at least one source of navigational input,
such as inertial navigation system, global positioning system, Omega/
very low frequency, or Loran C.
* * * * *
PART 91--AIR TRAFFIC AND GENERAL OPERATING RULES
3. The authority citation for part 91 is revised 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).
4. In Sec. 91.11, paragraph (a) introductory text is amended by
removing ``paragraphs (c) and (d)'' and by adding ``paragraphs (c),
(d), and (f)'', in its place and new paragraph (f) is added to read as
follows:
Sec. 91.511 Radio equipment for overwater operations.
* * * * *
(f) Notwithstanding the requirements in paragraph (a)(2) of this
section, a person may operate in the Gulf of Mexico, the Caribbean Sea,
and the Atlantic Ocean west of a line which extends from 44 deg.47'00''
N / 67 deg.00'00'' W to 39 deg.00'00'' N / 67 deg.00'00'' W to
38 deg.30'00'' N / 60 deg.00'00'' W south along the 60 deg.00'00'' W
longitude line to the point where the line intersects with the northern
coast of South America, when:
[[Page 7191]]
(1) A single long-range navigation system is installed,
operational, and appropriate for the route; and
(2) Flight conditions and the aircraft's capabilities are such that
no more than a 30-minute gap in two-way radio very high frequency
communications is expected to exist.
PART 121--CERTIFICATION AND OPERATIONS: DOMESTIC, FLAG, AND
SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE
AIRCRAFT
5. The authority citation for part 121 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40101, 40105, 40113, 44701-44702,
and 44704-44705.
6. The first sentence of Sec. 121.99 is revised to read as follows:
Sec. 121.99 Communication facilities.
Each domestic and flag air carrier must show that a two-way radio
communication system is available at points that will ensure reliable
and rapid communications, under normal operating conditions over the
entire route (either direct or via approved point-to-point circuits)
between each airplane and the appropriate dispatch office, and between
each airplane and the appropriate air traffic control unit except as
specified in Sec. 121.351(c). * * *
7. Section 121.351 is amended by revising paragraph (a) and adding
new paragraph (c) to read as follows:
Sec. 121.351 Radio and navigation equipment for extended overwater
operations and for certain other operations.
(a) Except as provided in paragraph (c) of this section, no person
may conduct an extended overwater operation unless the airplane is
equipped with the radio communication equipment necessary to comply
with Sec. 121.349, an independent system that complies with
Sec. 121.347 (a)(1), and two long-range navigation systems when VOR or
ADF radio navigation equipment is unusable along a portion of the
route.
(b) * * *
(c) Notwithstanding the requirements of paragraph (a) of this
section, installation and use of a single LRNS and a single LRCS may be
authorized by the Administrator and approved in the certificate
holder's operations specifications for operations and routes in certain
geographic areas. The following are among the operational factors the
Administrator may consider in granting an authorization:
(1) The ability of the flightcrew to reliably fix the position of
the airplane within the degree of accuracy required by ATC,
(2) The length of the route being flown, and
(3) The duration of the very high frequency communications gap.
PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF
6,000 POUNDS OR MORE
8. The authority citation for part 125 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 1153, 40104, 40105, 44113, 44701-
44705, 44707-44714, 44716-44717, 44722.
9. Section 125.203 is amended by adding the phrase ``Except as
provided in paragraph (e) of this section,'' at the beginning of the
first sentence of paragraph (c) introductory text and adding a new
paragraph (e) to read as follows:
Sec. 125.203 Radio and navigation equipment.
* * * * *
(e) Notwithstanding the requirements of paragraph (c) of this
section, installation and use of a single long-range navigation system
and a single long-range communication system for extended overwater
operations in certain geographic areas may be authorized by the
Administrator and approved in the certificate holder's operations
specifications. The following are among the operational factors the
Administrator may consider in granting an authorization:
(1) The ability of the flightcrew to reliably fix the position of
the airplane within the degree of accuracy required by ATC,
(2) The length of the route being flown, and
(3) The duration of the very high frequency communications gap.
PART 135--AIR TAXI OPERATORS AND COMMERCIAL OPERATORS
10. The authority citation for part 135 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 1153, 40101, 40105, 44113, 44701-
44705, 44707-44717, 44722, and 45303.
11. Section 135.165 is amended by adding a new paragraph (d) to
read as follows:
Sec. 135.165 Radio and navigation equipment: Extended overwater or IFR
operations.
* * * * *
(d) Notwithstanding the requirements of paragraphs (a) and (b) of
this section, installation and use of a single long-range navigation
system and a single long-range communication system, for extended
overwater operations, may be authorized by the Administrator and
approved in the certificate holder's operations specifications. The
following are among the operational factors the Administrator may
consider in granting an authorization:
(1) The ability of the flightcrew to reliably fix the position of
the airplane within the degree of accuracy required by ATC,
(2) The length of the route being flown, and
(3) The duration of the very high frequency communications gap.
Issued in Washington, D.C., on February 20, 1996.
David R. Hinson,
Administrator.
[FR Doc. 96-4263 Filed 2-23-96; 8:45 am]
BILLING CODE 4910-13-M
