[Federal Register Volume 63, Number 89 (Friday, May 8, 1998)]
[Rules and Regulations]
[Pages 25572-25573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-12229]



[[Page 25571]]

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Part II





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



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14 CFR Parts 11 and 135



Commercial Passenger-Carrying Operations in Single-Engine Aircraft 
Under Instrument Flight Rules; Final Rule

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

[[Page 25572]]



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.

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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/su__docs 
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 single-engine 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 
single-engine 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

[[Page 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 Sec. 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:


Sec. 11.101  OMB Control numbers assigned pursuant to the Paperwork 
Reduction Act.

* * * * *
    (b) Display.

------------------------------------------------------------------------
                                                            Current OMB 
     14 CFR part or section identified and described        Control No. 
------------------------------------------------------------------------
                                                                        
                  *        *        *        *        *                 
Sec.  135.163...........................................       2120-0619
                                                                        
                  *        *        *        *        *                 
Sec.  135.411...........................................       2120-0619
                                                                        
                  *        *        *        *        *                 
Sec.  135.421...........................................       2120-0619
                                                                        
                  *        *        *        *        *                 
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    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 Single-Engine 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:


Sec. 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]
BILLING CODE 4910-13-U