[Federal Register Volume 59, Number 124 (Wednesday, June 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15145]
[[Page Unknown]]
[Federal Register: June 29, 1994]
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Part III
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
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14 CFR Part 29
Airworthiness Standards; Transport Category Rotorcraft Performance;
Proposed Rule
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 29
[Docket No. 24802; Notice No. 90-1A]
RIN 2120-AB36
Airworthiness Standards; Transport Category Rotorcraft
Performance
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Supplemental notice of proposed rulemaking (SNPRM).
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SUMMARY: This document modifies previously proposed new and revised
airworthiness standards for the performance requirements of transport
category rotorcraft. Comments submitted in response to the NPRM and a
proposal by the European Joint Airworthiness Authorities suggest that
rotorcraft should not descend below a specified minimum height during
continued takeoff or balked landing procedures following an engine
failure. This SNPRM modifies the previous notice to include a minimum
descent height of 15 feet and seeks comments on the amended proposal.
DATES: Comments must be received on or before August 29, 1994.
ADDRESSES: Comments on this notice should be mailed in triplicate to
Federal Aviation Administration, Office of the Chief Counsel, Attn:
Rules Docket (AGC-10), Docket No. 24802, 800 Independence Avenue, SW.,
Washington, DC 20591, or delivered in triplicate to: Room 915G, 800
Independence Avenue, SW., Washington, DC 20591. Comments may be
examined in Room 915G weekdays between 9:00 a.m. and 5:00 p.m. except
Federal holidays.
FOR FURTHER INFORMATION CONTACT:
Mr. Thomas Archer, FAA, Policy and Procedures Group (ASW-112),
Rotorcraft Directorate, Aircraft Certification Service, Fort Worth,
Texas 76193-0111, telephone number (817) 222-5112.
SUPPLEMENTARY INFORMATION:
Comments Invited
This supplemental notice modifies Notice No. 90-1. Comments on the
effect of this change on the proposed rules are invited. Comments
should be limited to the changes proposed in this document. This notice
does not serve to reopen the comment period on the remainder of the
original proposal. Interested persons are invited to comment on any
portion of this supplemental notice by submitting written data, views,
or arguments as they may desire. Comments relating to the
environmental, energy, or economic impact that might result from
adopting the proposals as modified in this document are also invited.
Communications should identify the regulatory docket number and be
submitted in triplicate to the address specified above. All
communications received on or before the closing date for comments
specified above will be considered before taking further rulemaking
action. Commenters wishing the FAA to acknowledge receipt of their
comments submitted in response to this supplemental notice must submit
with those comments a self-addressed stamped postcard on which the
following statement is made: ``Comments to Docket No. 24802.'' The
postcard will be date stamped and mailed to the commenter.
Availability of SNPRM
Any person may obtain a copy of this SNPRM by submitting a request
to the FAA, Office of Public Affairs, Attention: Public Inquiry Center,
APA-430, 800 Independence Ave., SW., Washington, DC 20591, or by
calling (202) 267-3484. Communications must identify SNPRM No. 90-1A.
Persons interested in being placed on the mailing list for future
notices should request a copy of Advisory Circular (AC) No. 11-2A,
Notice of Proposed Rulemaking Distribution System, which describes the
application procedure.
Background
On January 2, 1990, the FAA issued Notice No. 90-1 (55 FR 698,
January 8, 1990), which proposed new and revised airworthiness
standards for the performance requirements of transport category
rotorcraft.
As proposed, the revised standards would have removed the current
35-foot minimum descent height requirement from Federal Aviation
Regulations (FAR) Sec. 29.59 Takeoff path: Category A and Sec. 29.77
Balked landing: Category A. Under that proposal, rotorcraft could
descend after engine failure during a continued takeoff or balked
landing, as long as it did ``not touch down.''
Several commenters object to the proposal and recommend a
designated minimum ground clearance be established. The commenters
neither recommended a specific minimum ground clearance height nor
provided justification for a specified height greater than the minimum
ground clearance proposed. Also, after Notice 90-1 was issued, an
international team of specialists, including United States
participants, agreed on a minimum descent height of 15 feet while
developing a new European Joint Airworthiness Requirement (JAR) Number
29. This international team of specialists was formed by the European
Joint Airworthiness Authorities as a Performance Subgroup to the
Helicopter Airworthiness Study Group (HASG) which developed JAR 29. The
HASG invited the FAA and members of the Aerospace Industries
Association (AIA) to participate in the Performance Subgroup
deliberations. The Subgroup agreed with deletion of the arbitrary
minimum descent height of 35 feet as proposed by Notice 90-1 but now
believes that practical flight test capabilities necessitate the
establishment of a finite height above the landing surface as a minimum
descent height. For example, if the minimum height were zero, practical
flight test limitations would necessitate extensive use of analyses, or
extensive damage to flight test aircraft might occur during flight
testing. A minimum descent height of 15 feet was developed by a team of
flight test specialists as a standard that could be met by a practical
combination of tests and analyses. This standard was published in the
European Notice of Proposed Amendment (NPA) No. 29-2, which otherwise
proposed standards compatible with Notice 90-1. A copy of NPA 29-2 is
contained in Rules Docket No. 24802. After review of the comments to
NPRM No. 90-1 and the justification for NPA 29-2, the FAA agrees that a
minimum descent height of 15 feet should be required for rotorcraft
with takeoff or landing decision points (TDP, LDP) in excess of 15
feet. Accordingly, a new Sec. 29.59(g) is proposed and proposed
Sec. 29.85(c) is revised by this supplemental notice to require that
the rotorcraft not descend below 15 feet during certain continued
takeoff or balked landing maneuvers.
Supplemental Regulatory Evaluation Summary
The FAA has considered the economic impact of this proposed change
to Notice 90-1. Executive Order 12866 dated September 30, 1993, directs
Federal agencies to promulgate new regulations or modify existing
regulations only if the potential benefits to society from the
regulatory changes outweigh the potential costs that would be imposed
on society. The FAA performed a benefit/cost analysis for Notice 90-1
and found that proposed changes to the existing rule would have
negligible or no cost impact. In the case of this supplemental notice,
the FAA has determined that an additional benefit/cost analysis is
unwarranted because the performance standards proposed herein would
also have negligible cost impact on previously proposed standards.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 was enacted to ensure that
small entities are not unnecessarily or disproportionately burdened by
Government regulations. The Act requires that a Regulatory Flexibility
Analysis be conducted if a rule will have a significant economic
impact, either positive or negative, on a substantial number of small
business entities. The proposed modification of Notice 90-1 will not
have a significant economic impact on a substantial number of small
entities. Consequently, the FAA has determined that, under the criteria
of the Regulatory Flexibility Act of 1980, a regulatory flexibility
analysis of this supplemental notice of proposed rulemaking is not
required.
International Trade Impact Analysis
The rule will have little or no impact on trade for either U.S.
firms doing business in foreign markets or foreign firms doing business
in the United States. Foreign firms must meet U.S. requirements when
conducting business in the U.S. and thus will gain no competitive
advantage. In foreign countries, U.S. manufacturers are not bound by
part 29 requirements and could choose whether or not to implement the
provisions of this rule on the basis of competitive considerations.
Both Notice No. 90-1 and this SNPRM propose a lesser certification
burden than is currently contained in the FAR. Notice No. 90-1 proposed
a lesser certification burden for compliance with the FAR than for the
JAR for applicants for type certificates. However, the proposed
requirements of this SNPRM will provide the benefits of harmonization
of the FAR with the proposed European JAR 29 standards and thus reduce
costs resulting from the need to certificate rotorcraft to differing
standards; i.e., prevent future additional costs required in dual
certification.
Federalism Implications
The revised regulations proposed herein would 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
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Conclusion
This SNPRM specifies a minimum descent height standard that is
lower than the existing standard and higher than that proposed by
Notice 90-1. For the reasons discussed in the preamble to the previous
notice and this supplemental notice, and based on the findings in the
regulatory evaluation and the International Trade Impact Analysis, the
FAA has determined that this proposed regulation is not ``significant
regulatory action'' under Executive Order 12866. In addition, it is
certified that Notice No. 90-1, as revised by this supplemental notice,
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 proposal, including this supplemental
notice, is considered to be nonsignificant under DOT Regulatory
Policies and Procedures (44 FR 11034, February 26, 1979). A draft
regulatory evaluation of the proposal has been placed in the regulatory
docket. A copy may be obtained by contacting the person identified
under the caption FOR FURTHER INFORMATION CONTACT.
List of Subjects in 14 CFR Part 29
Air transportation, Aircraft, Aviation safety, Rotorcraft, Safety.
The Proposed Amendments
In consideration of the foregoing, the Federal Aviation
Administration amends Notice No. 90-1 (55 FR 698, January 8, 1990) as
follows:
PART 29--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY ROTORCRAFT
1. The authority citation for part 29 continues to read as follows:
Authority: 49 U.S.C. 1344, 1354(a), 1355, 1421, 1423, 1424,
1425, 1428, 1429, and 1430; 49 U.S.C. 106(g).
2. Proposed Sec. 29.59 is amended by adding a new paragraph (g) to
read as follows:
Sec. 29.59 Takeoff path: Category A.
* * * * *
(g) During the continued takeoff the rotorcraft shall not descend
below 15 feet above the takeoff surface when the TDP is above 15 feet.
3. Proposed Sec. 29.85 is amended by revising the first sentence of
paragraph (c) to read as follows:
Sec. 29.85 Balked landing: Category A.
* * * * *
(c) The rotorcraft does not descend below 15 feet above the landing
surface. * * *
Issued in Washington, DC, on June 15, 1994.
Elizabeth Yoest,
Acting Director, Aircraft Certification Service.
[FR Doc. 94-15145 Filed 6-28-94; 8:45 am]
BILLING CODE 4910-13-M
