Airworthiness Standards; Transport Category Rotorcraft Performance; Proposed Rule DEPARTMENT OF TRANSPORTATION

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]

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