[Federal Register Volume 64, Number 160 (Thursday, August 19, 1999)]
[Rules and Regulations]
[Pages 45336-45338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21380]
[[Page 45335]]
_______________________________________________________________________
Part III
Department of
Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 29
Airworthiness Standards; Transport Category Rotorcraft Performance;
Final Rule
Federal Register / Vol. 64, No. 160 / Thursday, August 19, 1999 /
Rules and Regulations
[[Page 45336]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 29
[Docket No. 24802; Amendment No. 29-44]
RIN 2120-AG86
Airworthiness Standards; Transport Category Rotorcraft
Performance
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This rule amends the airworthiness standards for Transport
Category rotorcraft by making several nonsubstantive clarification
changes to the wording and by correcting various nonsubstantive errors
in the performance requirements section. This rule is needed to correct
errors in a final rule published on May 10, 1996.
DATES: This final rule is effective November 17, 1999. Comments must be
submitted on or before September 20, 1999.
ADDRESSES: Submit comments in duplicate to the Federal Aviation
Administration, Office of the Chief Counsel (AGC-200), Attention: Rules
Docket No. 24802, 800 Independence Ave., SW, Washington, DC 20591.
Comments may also be submitted electronically to the following
Internet address: [email protected]. Comments submitted must be
marked: Docket No. 24802.
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: Lance T. Gant, Rotorcraft Standards
Staff, Aircraft Certification Service, Federal Aviation Administration,
Fort Worth, Texas 76193-0110, telephone (817) 222-5114, fax (817) 222-
5961.
SUPPLEMENTARY INFORMATION:
Comments Invited
Although this action is in the form of a final rule and was not
preceded by a notice of proposed rulemaking, 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.
Communications 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 the
commenter's ideas and suggestions is extremely helpful in evaluating
the effectiveness of this action and determining whether additional
rulemaking action will 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. All comments submitted will be
available, both before and after the closing date for comments, in the
rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
action will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this rule must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket No. 24802.'' The postcard will be date stamped and returned
to the commenter.
Availability of Final Rule
Any person may obtain a copy of this final rule by submitting a
request to: FAA, Office of Rulemaking, Attention: ARM-1, 800
Independence Avenue, SW., Washington, DC 20591; or by telephoning (202)
267-9680. Individuals requesting a copy of this final rule should
identify their request with the amendment number or docket number.
An electronic copy of this final rule may be downloaded, by using a
modern and suitable communications software, from: the FAA regulations
section of the FedWorld electronic bulletin board service (telephone:
(703) 321-3339); the Government Printing Office's electronic bulletin
board service (telephone (202) 512-1661); or the FAA's Aviation
Rulemaking Advisory Committee Bulletin Board service (telephone: (202)
267-5948).
Internet users may reach the FAA's web page at http://www.faa.gov,
or the Government Printing Office's webpage at http://
www.access.gpo.gov/nara, for access to recently published rulemaking
documents.
Small Entity Inquiries
The Small Business Regulatory Enforcement Fairness Act of 1996
(SBEFA) requires the FAA to report inquiries from small entities
concerning information on, and advice about, compliance with statutes
and regulations within the FAA's jurisdiction, including interpretation
and application of the law to specific sets of facts supplied by a
small entity.
If you are a small entity and have a question, contact your local
FAA official, you may contact Charlene Brown, Program Analyst Staff,
Office of Rulemaking, ARM-27, Federal Aviation Administration, 800
Independence Avenue, SW, Washington, DC 20591, 1-888-551-1594. Internet
users can find additional information on SBREFA in the ``Quick Jump''
section under ``Rulemaking'' of the FAA's web page at http://
www.faa.gov and may send electronic inquiries to the following internet
address: [email protected].
Background
After publication of the Transport Category Rotocraft Notice of
Proposed Rulemaking (NPRM), Notice 90-1 (55 FR 698, January 8, 1990),
the Joint Harmonization Working Group (JHWG) proposed some
nonsubstantive changes to be included in the final rule. The FAA
reviewed the JHWG proposal and concurred with the changes. However, the
changes were inadvertently omitted in the final rule published May 10,
1996 (61 FR 21894), and two correction documents published July 1, 1996
(61 FR 33963), and July 15, 1996 (61 FR 36965), following Notice 90-1.
This final rule will make the nonsubstantive changes to some
paragraphs of part 29. The changes will clarify the language to avoid
confusion and diverse interpretations of these standards.
Discussion
The following is a discussion of the changes of part 29:
14 CFR 29.59 Takeoff Path: Category A
Section 29.59 is revised for clarification. The revision is an
editorial reordering of paragraphs.
14 CFR 29.62 Rejected Takeoff: Category A
Section 29.62(a) is revised for clarification. The current wording
of Sec. 29.62(a) may be interpreted to imply that the procedures of
Secs. 29.59 and 29.60 are to be followed only to the engine failure
point and that the takeoff and rejected takeoff paths may diverge from
that point. However, in calculating the rejected takeoff path distances
of Sec. 29.62(a), the requirements of Secs. 29.59 and 29.60 are to be
followed up to the takeoff decision point (TDP). Therefore, the section
is revised by removing references to the engine failure point to
preclude misinterpretation of the requirement.
[[Page 45337]]
14 CFR 29.67 Climb: One-Engine-Inoperative (OEI)
In Sec. 29.67, the introductory text of paragraph (a)(2),
paragraphs (a)(2)(i) and (a)(3)(i), and the introductory text of
paragraph (b) are revised to specify that the engine power ratings are
for one-engine inoperative to be consistent with Sec. 29.1521.
Paragraph (a)(2)(ii) is deleted because the requirement is previously
stated in Sec. 29.64. The deletion of paragraph (a)(2)(ii) resulted in
an editorial renumbering of paragraphs (iii) and (iv) as (ii) and (iii)
respectively.
14 CFR 29.77 Landing Decision Point (LDP): Category A
The requirements of Sec. 29.77 are clarified by dividing this
section into paragraphs (a) and (b) and clearly identifying the
inclusion of the pilot recognition time interval in the definition of
the LDP.
14 CFR 29.81 Landing Distance: Category A
In Sec. 29.81, the requirement to determine landing distance from a
height of 25 feet for elevated landing operations is deleted. The
requirement to determine landing distance from 25 feet has no
operational significance and represents an unnecessary consideration
for elevated heliports.
14 CFR 29.85 Balked Landing: Category A
Editorial changes in Sec. 29.85 insert the phrase ``with the
critical engine inoperative'' in the introductory text and delete that
phrase from paragraph (a) and a similar phrase from paragraph (b). In
paragraph (c), the word ``distance'' is replaced with the more
descriptive term ``(loss of height)''.
14 CFR 29.1323 Airspeed Indicating System
In Sec. 29.1323(c)(1), an editorial correction changes ``critical''
decision point to read ``takeoff'' decision point. This term parallels
the term used in other sections of part 29.
14 CFR 29.1587 Performance Information
In Sec. 29.1587(a)(4) and (5), references to Secs. 29.63 and 29.83
are deleted because those sections are applicable to Category B
performance, and Sec. 29.1587(a) contains only Category A requirements.
Additionally, reference to Sec. 29.85, omitted in error, is added to
paragraph (a)(5).
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 final rule.
Agency Findings
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.
The FAA has determined that notice and prior public comment are
unnecessary in promulgating this regulation. Therefore, it can be
issued immediately since it only involves minor correction,
clarification, and editorial changes. For the reasons discussed in the
preamble, I certify that this regulation (1) is not a ``significant
regulatory action'' under Executive Order 12866; (2) is not a
``significant rule'' under Department of Transportation (DOT)
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979);
and (3) if promulgated, 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.
International Traded 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.
Unfunded Mandates Reform Act Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (the Act),
codified as 2 U.S.C. Secs. 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.
Environmental Analysis
FAA Order 1050.1D defines FAA actions that may be categorically
excluded from preparation of a National Environmental Policy Act (NEPA)
environmental assessment or environmental impact statement. In
accordance with FAA Order 1050.1D, appendix 4, paragraph 4(j), this
rulemaking action qualifies for a categorical exclusion.
Energy Impact
The energy impact of this rulemaking has been assessed in
accordance with the Energy Policy and Conservation Act (EPCA) and
Public Law 94-163, as amended (42 U.S.C. 6362). It has been determined
that it is not a major regulatory action under the provisions of the
EPCA.
List of Subjects in 14 CFR Part 29
Air transportation, Aircraft, Aviation safety, Rotorcraft, Safety.
The Amendment
Accordingly, the Federal Aviation Administration amends 14 CFR part
29 of the Federal Aviation Regulation 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. 106(g), 40113, 44701-44702, 44704.
2. In Sec. 29.59, paragraph (e) is redesignated as paragraph (c),
and paragraphs (c) and (d) are redesignated as (d) and (e)
respectively.
3. Section 29.62(a) is revised to read as follows:
Sec. 29.62 Rejected takeoff: Category A
* * * * *
(a) The takeoff path requirements of Secs. 29.59 and 29.60 being
used up to the TDP where the critical engine failure is recognized and
the rotorcraft is landed and brought to a complete stop on the takeoff
surface;
* * * * *
4. Secti8on 29.67 is amended by revising the introductory text of
paragraph (a)(2), paragraphs (a)(2)(i) and (a)(3)(i), and paragraph
(b); by removing paragraph (a)(2)(ii); and by redesignating (a)(2)(iii)
and (a)(2)(iv) as (a)(2)(ii) and (a)(2)(iii) respectively.
Sec. 29.67 Climb: One-engine-inoperative (OEI)
(a) * * *
(2) The steady rate of climb without ground effect, 1000 feet above
the
[[Page 45338]]
takeoff surface, must be at least 150 feet per minute, for each weight,
altitude, and temperature for which takeoff data are to be scheduled
with--
(i) The critical engine inoperative and the remaining engines at
maximum continuous power including continuous OEI power, if approved,
or at 30-minute OEI power for rotorcraft for which certification for
use of 30-minute OEI power is requested;
* * * * *
(3) * * *
(i) The critical engine operative and the remaining engines at
maximum continuous power including continuous OEI power, if approved,
and at 30-minute OEI power for rotorcraft for which certification for
the use of 30-minute OEI power is requested;
* * * * *
(b) For multiengine Category B rotorcraft meeting the Category A
engine isolation requirements, the steady rate of climb (or descent)
must be determined at the speed for best rate of climb (or minimum rate
of descent) at each altitude, temperature, and weight at which the
rotorcraft is expected to operate, with the critical engine inoperative
and the remaining engines at maximum continuous power including
continuous OEI power, if approved, and at 30-minute OEI power for
rotorcraft for which certification for the use of 30-minute OEI power
is requested.
5. Section 29.77 is revised to read as follows:
Sec. 29.77 Landing decision Point (LDP): Category A
(a) The LDP is the last point in the approach and landing path from
which a balked landing can be accomplished in accordance with
Sec. 29.85.
(b) Determination of the LDP must include the pilot recognition
time interval following failure of the critical engine.
6. Section 29.81 is revised to read as follows:
Sec. 29.81 Landing distance: Category A.
The horizontal distance required to land and come to a complete
stop (or to a speed of approximately 3 knots for water landings) from a
point 50 ft above the landing surface must be determined from the
approach and landing paths established in accordance with Sec. 29.79.
7. Section 29.85 is revised to read as follows:
Sec. 29.85 Balked landing: Category A.
For Category A rotorcraft, the balked landing path with the
critical engine inoperative must be established so that--
(a) The transition from each stage of the maneuver to the next
stage can be made smoothly and safely;
(b) From the LDP on the approach path selected by the applicant, a
safe climbout can be made at speeds allowing compliance with the climb
requirements of Sec. 29.67(a)(1) and (2); and
(c) The rotorcraft does not descend below 15 feet above the landing
surface. For elevated heliport operations, descent may be below the
level of the landing surface provided the deck edge clearance of
Sec. 29.60 is maintained and the descent (loss of height) below the
landing surface is determined.
Sec. 29.1323 [Amended]
8. In Section 29.1323(c)(1), the word ``critical'' is removed and
add the word ``takeoff' in its place.
Sec. 29.1587 [Amended]
9. In Sec. 29.1587(a)(4), remove the words ``or Sec. 29.63'',
10. In Sec. 29.1587(a)(5), remove the words ``or Sec. 29.83'' and
add the words ``and Sec. 29.85'' in their place.
Issued in Washington, DC, on August 12, 1999.
Jane F. Garvey,
Administrator.
[FR Doc. 99-21380 Filed 8-18-99; 8:45 am]
BILLING CODE 4910-13-M