62806 Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / Rules and Regulations

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.

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–

CMTS@faa.dot.gov. 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 § 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
Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / Rules and Regulations 62807

FR 41360) a final rule establishing a

new certification category for personaland 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 § 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.
62808 Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / Rules and Regulations

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:

§ 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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