25572 Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 /Rules and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 11, 135

[Docket No. 28743; Amendment Nos. 43,

73]

RIN 2120–AG55

Commercial Passenger-Carrying

Operations in Single-Engine Aircraft

Under Instrument Flight Rules

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Final rule.

SUMMARY: This action revises and

clarifies certain conditions and

limitations in part 135 for instrument

flight rule (IFR), passenger-carrying

operations in single-engine aircraft. The

clarification is necessary to resolve

ambiguity in the current rule regarding

the requirement for redundant power for

gyroscopic instrumentation. The

intended effect of the action is to

remove any ambiguity concerning the

required power sources for the

gyroscopic instruments required for

flight under IFR for single engine

aircraft involved in commercial,

passenger-carrying operations.

This action also advises the public of

the information collection approval by

the Office of Management and Budget

(OMB), withdraws SFAR 81 because the

SFAR could not be placed in effect with

a readily apparent ambiguity, adds the

OMB control number to part 11, and

amends part 135.

DATES: These amendments are effective

on May 4, 1998.

FOR FURTHER INFORMATION CONTACT: Mr.

Daniel Meier, Flight Standards Service,

Federal Aviation Administration, 800

Independence Ave., SW, Washington,

DC 20591; telephone: (202) 267–8166.

SUPPLEMENTARY INFORMATION:

Availability of This Action

An electronic copy of this document

may be downloaded, using a modem

and suitable communications software,

from the FAA regulations section of the

Fedworld electronic bulletin board

service ((703) 321–3339), the Federal

Register’s electronic bulletin board

service ((202) 512–1661), or the FAA’s

Aviation Rulemaking Advisory

Committee Bulletin Board service ((800)

322–2722 or (202) 267–5948). Internet

users may reach the FAA’s web page at

http://www.faa.gov/avr/arm/nprm/

nprm.htm or the Federal Register’s web

page at http://www.access.gpo.gov/

suldocs for access to recently

published rulemaking documents.

Any person may obtain a copy of this

document by submitting a request to the

Federal Aviation Administration, Office

of Rulemaking, ARM–1, 800

Independence Ave., SW, Washington,

DC 20591, or by calling (202) 267–9677.

Persons interested in being placed on

the mailing list for future rules should

request from the above office a copy of

Advisory Circular No. 11–2A, Notice of

Proposed Rulemaking Distribution

System, which describes the application

procedure.

Background

On August 6, 1997, the FAA amended

the conditions and limitations in part

135 for instrument flight rule,

passenger-carrying operations in singleengine aircraft (62 FR 42364). That rule

has an effective date of May 4, 1998 (62

FR 45014). Included in the August 6,

1997 final rule was SFAR 81, with

certain information collection

requirements, which was written to

allow operators, whose aircraft were

properly equipped, authority to operate

before the effective date of the final rule.

The information collection requirements

of SFAR 81 and the final rule were

submitted to OMB and were approved

under OMB control number 2120–0619.

Consideration of Comments

On February 4, 1998, the FAA

proposed to revise and clarify part 135

for instrument flight rule (IFR),

passenger-carrying operations in singleengine aircraft (62 FR 6826, February

10, 1998). Three substantive comments

were received on that proposal: two

from airplane manufacturers, and one

from an air carrier that operates under

part 135; one comment from a trade

association offered general support for

the proposal.

Comment: Cessna Aircraft Company

and Atlantic Aero stated that they have

the required redundancy in their

Caravan model aircraft because of its

unique split panel configuration which

uses both electric and bleed air sources

to power its gyroscopic instruments.

However, this configuration does not

provide redundant sources of power on

each instrument. Although Cessna and

Atlantic Aero recognize that a separate

electrically driven air pump may have

to be added behind the current bleed air

driven gyro now installed on the aircraft

to comply with this rule, they both

suggest that the installation of an

additional, electrically powered attitude

instrument should be permitted to meet

the redundancy requirements.

FAA Response: Cessna states that they

can comply with the proposed rule by

installing an ‘‘electrically driven back

up vacuum pump behind the bleed air

driven attitude gyro now installed on

the aircraft. This will provide two

sources of energy for both the gyros on

the Captain’s Instrument Panel.’’ The

FAA agrees that this would meet the

requirements for redundancy, as stated

in the proposal.

Regarding the installation of an

additional, unrequired gyroscopic

instruments for IFR, the FAA agrees that

such additional instruments do not need

redundant sources. Therefore, the FAA

is amending the regulatory language by

adding the word ‘‘required’’ after ‘‘all’’

to clarify that only required gyroscopic

instruments must have redundant

sources of power.

However, as to Cessna’s specific

suggestion that the installation of an

additional, electrically-powered attitude

indicator should meet the redundancy

requirements for the bleed air driven

gyroscopic instruments, the FAA does

not agree. The FAA recognizes that the

Cessna Caravan will comprise a large

portion of the fleet that will benefit from

the SEIFR rule. However, the FAA is

promulgating a rule of general

applicability, and it believes that there

will be other operators of various types

and models of aircraft (other than the

Caravan) who will seek to modify their

aircraft to gain the benefits of operating

under the SEIFR rule. To amend this

proposal to meet only the desires of

Cessna Caravan operators may establish

an economic disadvantage for some

other operators, and would, in fact,

require another notice and comment

period.

Further, the additional attitude

indicator that both Cessna and Atlantic

Aero suggest is outside the basic ‘‘T’’

configuration of the primary flight

instruments. The FAA considers the

basic ‘‘T’’ configuration very important

when manually flying the aircraft under

IMC conditions, and is concerned about

human factor problems associated with

the placement of this additional attitude

indicator. The FAA has therefore

determined that safety requires that the

primary flight instruments, powered by

redundant energy sources, be positioned

in the basic ‘‘T’’ configuration directly

in front of the pilot flying the aircraft.

Cessna agrees that it can comply with

the proposal, although the installation

of the additional electrically driven

vacuum pump is not its first preference

for compliance. Therefore, in regard to

this issue, the FAA will adopt the rule

as proposed.

Comment: The Societe de

Construction d’Avions de Touris

(SOCATA), a European airplane

manufacturer, states that the FAA

should not be specific in citing the types

of redundant power sources for the
Federal Register / Vol. 63, No. 89 / Friday, May 8, 1998 /Rules and Regulations 25573

gyroscopic instruments. Instead,

SOCATA suggests establishing the

‘‘safety objective’’ of redundant sources

of power and leaving it to the applicant

to justify their option and means.

FAA Response: In reviewing

SOCATA’s comment, the FAA agrees

that establishing a ‘‘safety objective’’ is

flexible and beneficial to the regulated

community. The FAA attempts to

promulgate ‘‘performance based’’

regulations whenever possible. The

FAA notes that § 135.163 is, in part, a

performance based requirement. Section

135.163 requires ‘‘two independent

sources of energy,’’ one source of which

must be an engine-driven pump or

generator. The other source, however, is

not specified, so as to allow the aircraft

operator to choose the appropriate

equipment. Also, the FAA used the term

‘‘source of energy’’ to allow for future

technological developments, which may

provide energy from sources other than

those currently used on aircraft.

Regulatory Analyses

The FAA is amending Part 135

because some commenters to the final

rule on Commercial Passenger-Carrying

Operations in Single-Engine Aircraft

under Instrument Flight Rules had

questions on the redundant sources of

power to the gyroscopic flight

instruments. This change will alleviate

any ambiguity and clarify the regulatory

requirements. Therefore, the FAA has

determined that this regulation imposes

no additional burden on any entity.

Accordingly, it has been determined

that the action (1) is not significant

under Executive Order 12866 and (2) is

not a significant rule under the

Department of Transportation

Regulatory Policies and Procedures (44

FR 11034; February 26, 1979). Also,

because this amendment is editorial in

nature, no impact is expected to result,

and a full regulatory evaluation is not

required. In addition, the FAA certifies

that this amendment will not have a

significant economic impact, either

positive or negative, on a substantial

number of small entities under the

criteria of the Regulatory Flexibility Act.

International Trade Impact

The amendment does not impose any

costs on either U.S. or foreign operators.

Therefore, a competitive trade

disadvantage will not be incurred by

either U.S. operators abroad or foreign

operators in the United States.

Unfunded Mandates Act

This amendment does not contain any

Federal intergovernmental or private

sector mandates. Therefore, the

requirements of Title II of the Unfunded

Mandates Reform Act of 1995 do not

apply.

Paperwork Reduction Act and

Information Collection Requirements

This amendment contains no

additional 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.).

This collection of information cited in

14 CFR 135.163, 135.411, and 135.421 is

required to obtain the benefits of

operating under these rules, and will be

used by (1) the operator to ensure that

all maintenance is performed and (2) the

FAA principal maintenance inspector

(PMI) to monitor the continued

airworthiness of the aircraft used in

passenger-carrying operations.

Public reporting burden is estimated

to average 0.8 hours per response,

including the time for reviewing

instructions searching existing data

sources, gathering and maintaining the

data needed, and completing and

reviewing the collection of information.

Recordkeepers and respondents have

been given no assurance of

confidentiality, nor is any needed.

Please note that an agency may not

conduct or sponsor, and a person is not

required to respond to, a collection of

information unless it displays a

currently valid OMB control number.

The OMB control number for this

collection of information is 2120–0619.

List of Subjects

14 CFR Part 11

Administrative practices and

procedure, Reporting and recordkeeping

requirements.

14 CFR Part 135

Air taxis, Aircraft, Aviation safety,

Safety, Single-engine aircraft.

The Amendment

In consideration of the foregoing, the

Federal Aviation Administration

amends parts 11 and 135 of Title 14 of

the Code of Federal Regulations as

follows:

PART 11—-GENERAL RULEMAKING

PROCEDURES

1. The authority citation for part 11

continues to read as follows:

Authority: 49 USC 106(g), 40101, 40103,

40105, 40109, 40113, 44110, 44502, 44701–

44702, 44711, 46102.

2. Section 11.101 is amended by

adding new section numbers in

numerical order and the OMB Control

Number to the table in paragraph (b) as

follows:

§ 11.101 OMB Control numbers assigned

pursuant to the Paperwork Reduction Act.

* * * * *

(b) Display.

14 CFR part or section identified and describedCurrent OMB

Control No.

* * * * *

§ 135.163 .............................. 2120–0619

* * * * *

§ 135.411 .............................. 2120–0619

* * * * *

§ 135.421 .............................. 2120–0619

* * * * *

3. For the reasons set out in the

preamble, 14 CFR part 135 is amended

as set forth below:

PART 135—OPERATING

REQUIREMENTS: COMMUTER AND

ON-DEMAND OPERATIONS

4. The authority citation for part 135

continues to read as follows:

Authority: 49 U.S.C. 106(g), 40113, 44701–

44702, 44705, 44709, 44711–44713, 44715–

44717, 44722.

SFAR 81—Passenger-Carrying SingleEngine IFR Operations

5. SFAR 81 is removed on May 4,

1998.

6. Section 135.163 is amended by

revising paragraph (h) to read as

follows:

§ 135.163 Equipment requirements:

Aircraft carrying passengers under IFR.

* * * * *

(h) Two independent sources of

energy (with means of selecting either)

of which at least one is an engine-driven

pump or generator, each of which is

able to drive all required gyroscopic

instruments powered by, or to be

powered by, that particular source and

installed so that failure of one

instrument or source, does not interfere

with the energy supply to the remaining

instruments or the other energy source

unless, for single-engine aircraft in all

cargo operations only, the rate of turn

indicator has a source of energy separate

from the bank and pitch and direction

indicators. For the purpose of this

paragraph, for multi-engine aircraft,

each engine-driven source of energy

must be on a different engine.

* * * * *

Issued in Washington, DC on May 4, 1998.

Jane F. Garvey,

Administrator.

[FR Doc. 98–12229 Filed 5–4–98; 5:13 pm]

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