Extended Overwater Operations With a Single Long-Range Communication System (LRCS) and a Single Long-Range Navigation System (LRNS)

[[Page 7186]]

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 91, 121, 125, and 135

RIN 2120-AF12

[Docket No. 27474; Amendment No. 1-44, 91-249, 121-254, 125-25 and 135-

61]

Extended Overwater Operations With a Single Long-Range

Communication System (LRCS) and a Single Long-Range Navigation System

(LRNS)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revises the Federal Aviation Regulations for

certain overwater operations for air carriers, commercial operators,

and general aviation operators of large and of turbine-powered

multiengine airplanes. It defines and clarifies requirements for using

long-range navigation systems (LRNS) and long-range communication

systems (LRCS) and sets forth criteria for navigation and communication

equipment for certain overwater operations. Under this rule, air

carriers and commercial operators are authorized to use a single LRCS

and a single LRNS for extended overwater routes detailed in their

operations specifications. Affected general aviation operators, who

already are authorized to use a single LRCS when they have two very

high frequency (VHF) communication systems, are authorized to use a

single LRNS in overwater operations in the Gulf of Mexico, the

Caribbean Sea, and part of the western Atlantic Ocean. This rule gives

the FAA greater flexibility in responding to advances in aviation

technology and changes in the operational environment and allows

operators to conduct extended overwater operations without carrying

unnecessary communication and navigation equipment.

EFFECTIVE DATE: February 26, 1996.

FOR FURTHER INFORMATION CONTACT:

Daniel V. Meier, Jr., Project Development Branch, AFS-240, Air

Transportation Division, Office of Flight Standards, Federal Aviation

Administration, 800 Independence Avenue, SW., Washington, DC 20591,

telephone (202) 267-3749.

SUPPLEMENTARY INFORMATION:

Background

Air traffic in the Gulf of Mexico, the Caribbean Sea, and part of

the western Atlantic Ocean (subsequently referred to in this document

as the geographic area) has increased substantially during the last 20

years. With this increase has come corresponding technological advances

inherent with more modern aircraft and improved navigation and

communications systems.

Advances in aircraft technology have increased the overall speed

and functional reliability of modern airplanes. These high-speed

airplanes can cover routes in the geographic area much more quickly

than their predecessors. Because of their higher speeds, they also can

cover greater distances during the time between hourly fixes. Thus, the

number of routes in the geographic area where time between reliable

fixes was 1 hour or more has been reduced for these airplanes.

Similarly, the airplane's exposure to the loss of its LRNS before the

next reliable fix can be obtained is reduced. Since such aircraft also

routinely operate at higher altitudes en route, they can conduct very

high frequency (VHF) communications at greater ranges from their

corresponding ground facilities than their predecessors.

Advances in avionics have resulted in increasingly accurate and

dependable navigation systems, using inputs from Loran C, Omega/very

low frequency (VLF), inertial navigation, or reference systems (INS),

and, most recently, the global positioning satellite navigation system

(GPS). Each navigation system typically gives instantaneous readouts of

position, ground speed, wind, and waypoint progress. Radio

communication systems have enjoyed similar advances. Bulky vacuum tube

units have given way to miniaturized units with transistors, precise

frequency selection, and high reliability, which produce the same or

greater transmitting power than older models. In addition, the

proliferation of VHF communication facilities within the geographic

area ensures that many routes now can be flown with a VHF

communications gap of no more than 30 minutes.

The increased reliability of modern LRNS reduces navigation errors.

Sophisticated flight management systems (FMS) integrate control and

navigation systems of an airplane and combine several navigation inputs

to provide greater position reliability. The multiple navigation inputs

into an FMS increase the accuracy of the system, and its reliability

when compared to earlier navigation systems which only received a

single source input. If the LRNS fails on an airplane using such

sophisticated equipment, navigation errors inherent in dead-reckoning

procedures from the moment of the failure until the next reporting

point or fix should be well within the navigational performance

capability required for the route to be flown.

Just as navigation systems have experienced several enhancements,

ongoing developments in data link and satellite technology also have

resulted in enhanced communications. The airborne equipment that

aircraft use has improved due to advances in avionics reliability and

miniaturization. These smaller units mean less weight on board the

airplane.

The FAA believes that the probability that an airplane would

experience a failure of both its single long-range communications

system (LRCS) and its single LRNS when suitable navigation aids cannot

be received is minimal. Advanced technology notwithstanding, however, a

single LRCS could fail during a flight segment in which the airplane is

operated beyond the range of VHF radio communication equipment. Even if

such a failure did occur, the increased density of other air traffic in

the vicinity could provide the affected airplane with some backup VHF

communications with ATC. Moreover, regardless of the number of other

aircraft in the area, if the flightcrew adheres to proper operational

procedures, failure of the LRNS should not lead to an increased

potential for conflict between aircraft before the airplane could come

into range of suitable navigation aids (e.g. non-directional beacon,

very high frequency omnirange (VOR), etc.).

Because of the increased speeds and higher altitudes at which

airplanes now operate, improved equipment, improved reliability, and

greater accuracy of LRNS systems, the FAA has concluded that, where

exposure time for a critical equipment failure is 1 hour or less, the

following is true:

The probability of a failure is less than the probability

of a failure with less modern equipment;

With the accuracy of the present equipment, operators have

better knowledge of their position if a failure does occur.

All of the factors discussed above have brought about the need to

update the regulations to conform current technology to the types of

operations that are currently being authorized. Namely, the FAA has

found that operations in the geographic area can be conducted without

the burden of additional navigation and communication systems carried

in the aircraft. Therefore, on a case-by-case basis, and with certain

conditions and limitations, the FAA has allowed a number of operators

to conduct operations in the geographic area with a single LRCS and a

single LRNS. To

[[Page 7187]]

date, such operations have had no adverse effect on safety.

General Discussion of Current Requirements for Extended Overwater

Operations

General Aviation Operations

With one exception, set forth in Sec. 91.511(d), 14 Code of Federal

Regulations part 91, subpart F, the FAA currently requires large and

turbine-powered multiengine airplanes engaged in overwater operations

to be equipped with two independent communication and two independent

navigation systems. Communication equipment must be appropriate to the

facilities to be4 used and able to transmit to and receive from at

least one surface facility at any place on the route. Navigation

equipment must be able to provide the pilot with the information

necessary to navigate the airplane within the airspace assigned by ATC.

Under the exception in Sec. 91.511(d), if a route requires the use of

both VHF and LRCS communication equipment, and the airplane has two VHF

transmitters and two VHF receivers, then only one LRCS transmitter and

one LRCS receiver is required for communications.

Air Carrier and Commercial Operations

Parts 121, 125, and 135 also require airplanes engaged in extended

overwater operations to be equipped with two independent communication

and two independent navigation systems. Like part 91, parts 125 and 135

require that the communication equipment be appropriate to the

facilities to be used and capable of transmitting to and receiving from

at least one ground facility at any place on the route. Although the

regulatory language differs somewhat, part 121 contains essentially the

same requirements for communication equipment. Specifically, part 121

requires two independent communication systems able to communicate,

under normal operating conditions, with (1) at least one appropriate

ground station from any point on the route and with (2) appropriate

traffic control facilities from any point in the airspace within which

the flights are intended. These communication systems also must be able

to receive meteorological information from any point en route. Unlike

part 91, however, parts 121, 125, and 135 do not allow the use of a

single LRCS where the airplane is also equipped with two VHF radios or

systems. Thus, if a route requires use of both VHF and LRCS, airplanes

operating under parts 121, 125, and 135 must have two VHF radios and

two LRCS.

Section 121.349(b) allows for the use of a single automatic

direction finder (ADF) when two VOR navigation units are installed and

VOR navigation aids are so located and the airplane is so fueled that,

in the case of a failure of the ADF, the flight may proceed safely to a

suitable airport by means of VOR aids. In all other cases, when use of

ADF, VOR navigation equipment, or both, is needed for primary

navigation, the current rules for parts 121, 125, and 135 require the

airplane to be equipped with two ADF and two VOR navigation units, as

appropriate.

General Discussion of the Rule

The FAA is expanding, under certain conditions, the authority for

air carriers and commercial operators to amend their operations

specifications to use a single LRCS and a single LRNS. The FAA has

determined that, for the time being, the authority will be limited to

the geographic area. This limitation is based primarily on the ready

availability of navigation and communication facilities within the

geographic area, which provide a crucial buffer in the event of a

communication or navigation failure. In appropriate circumstances, the

FAA may expand the areas in which operations with a single LRCS and a

single LRNS will be permitted for part 121, 125, and 135 operators.

Aside from the current authority set forth in Secs. 91.511(d) and

121.349(b), this rule does not change the general requirements under

parts 91, 121, 125, and 135 for two VHF communication systems and two

each of any appropriate navigation systems required for the route to be

flown except in the geographic area. The FAA has concluded that, by

maintaining these requirements, air transportation safety is not

compromised.

The FAA is amending part 91 and creating operation specification

authority for operators under parts 121, 125, and 135 based on the

factors mentioned above and on the operator's ability to maintain two-

way communications with ATC and, where appropriate, the certificate

holder's dispatch office. Without such factors, ATC's ability to

control airplanes in the geographic area would be adversely impacted,

increasing the potential for air traffic conflicts. The flightcrew must

be able to notify ATC of an LRNS failure and must be able to tell ATC

whether the flightcrew can reliably fix the airplane's position using

other means.

Part 91

As a result of changes in technology, the operational environment

described, and experience gained with exemptions allowing a single

LRNS, the FAA has concluded that part 91 operators of large and of

turbojet multiengine airplanes should be able to operate safely with a

single LRCS and a single LRNS in the geographic area. In conducting

operations in the geographic area, these general aviation operators

should consider how long they may be without two-way VHF

communications. For flight planning purposes, the FAA recommends that

this gap should not exceed 30 minutes. The operator also should

consider whether the position of the airplane can be reliably fixed at

least once each hour if the LRNS fails.

Parts 121, 125, and 135

The FAA believes that the only appropriate method for authorizing

single LRCS/single LRNS operations for part 121, 125, and 135

certificate holders is through FAA-approved authorizations, which will

be set forth in the certificate holder's operations specifications.

This method of approval is necessary because it will provide both the

FAA and the certificate holder greater flexibility in dealing with

varied equipment configurations, possible reclassification of airspace

operating areas, changes in navigational requirements, and changes in

air traffic separation standards.

The FAA has authorized these operations in the past and has

determined that controlling a VHF communication gap through operations

specifications will provide an equivalent level of safety. Loss of the

single LRNS still requires each operator to reliably fix the airplane's

position at least once each hour if the flight is continued and to

navigate within the required degree of accuracy over any authorized

route.

Definition of LRNS and LRCS

In the proposal, the FAA defined an LRNS as an electronic

navigation unit that is approved for use under instrument flight rules

(IFR) as a primary means of navigation and has at least one source of

navigational input, such as INS, Omega/very low frequency, and Loran C.

In this definition, the FAA did not limit the scope of acceptable LRNS

to radio-based or ground-based systems. Such nonradio, nonground-based

systems as INS are included within the scope of acceptable alternatives

as long as the system chosen has been approved for use under IFR. If

approved, GPS or similar

[[Page 7188]]

navigation systems also could fall within this definition. Where ADF or

VOR radio navigation is impractical or unusable, the FAA interprets the

current regulations to require the airplane to be equipped with two

LRNS for extended overwater operations. This final rule changes this

dual LRNS requirement. For parts 121, 125, and 135, authorization for a

single LRNS and a single LRCS will be approved in the certificate

holder's operations specifications. Since affected part 91 operators do

not use operations specifications, they would be authorized to use a

single LRNS, but only in the geographic area.

Although not defined in the proposal, the FAA has determined that,

for clarity, LRCS, like LRNS, should be defined in the final rule. The

FAA defines an LRCS as a long-range communication system that uses

satellite relay, data link, high frequency, or other approved

communication system which extends beyond line of sight. The FAA also

has determined that the definitions for LRNS and LRCS would be better

placed in part 1, Definitions and Abbreviations, for easy reference of

all affected operators and to avoid the redundancy of repeating the

definitions in all affected parts. Therefore, the definitions for LRCS

and LRNS will be added to Sec. 1.1, General definitions. These

definitions will be added to this section, in appropriate alphabetical

order, following the currently listed definition of ``load factor.''

Conditions and Limitations for All Operators

Because part 91 operators are not required to have operations

specifications, this rule limits general aviation single LRNS

operations to the geographic area. The areas of operation covered in

this rule for affected general aviation operators include the Gulf of

Mexico, the Caribbean Sea, and the Atlantic Ocean west of a line which

extends from 44 deg.47'00'' N / 67 deg.00'00'' W to 39 deg.00'00'N /

67 deg.00'00''W to 38 deg.30'00''N /60 deg.00'00'' W south along the

60 deg.00'00'' W longitude line to the point where the line intersects

with the northern coast of South America. This geographic area does not

include the North Atlantic Minimum Navigational Performance

Specifications (NAT/MNPS) airspace, where operations are governed by

Sec. 91.705 and appendix C to part 91.

Limitations for air carrier and commercial operations will be set

forth in the certificate holders' operations specifications. As in the

case of general aviation operations, the area of operation for air

carrier and commercial operators will not include NAT/MNPS airspace. At

a minimum, these operators must always comply with International Civil

Aviation Organization (ICAO) requirements for the area of operations.

Discussion of Comments

On October 5, 1993, the FAA published a notice proposing to allow

extended overwater operations with single LRCS and single LRNS (58 FR

51938). The FAA received six comments on the proposal. The National

Business Aircraft Association, Inc. (NBAA), the Aircraft Owners and

Pilots Association (AOPA), and the Air Transport Association (ATA)

expressed support with recommendations. Northwest Airlines expressed

neither support nor opposition but did provide a recommendation. The

Boeing Commercial Airplane Group acknowledged the proposal but had ``no

comment'' and an aviation consulting firm was opposed to the proposal.

These comments are discussed as follows:

NBAA

The NBAA indicated that it ``strongly supports'' the proposed

changes to allow single LRNS and LRCS. It recommended, however, that

proposed Sec. 121.99 be incorporated into parts 91, 125, and 135 since

these parts also require the latitude to access new technology

communication links without being tied solely to HF.

FAA response: This rule is intended to affect use of LRNS and LRCS

for extended overwater operations. The FAA recognizes that additional

updates to the rules are needed in view of advances in technology, such

as GPS. Such changes will be addressed in future rulemaking

initiatives.

AOPA

AOPA supported the proposal and recommended that the requirement

for an LRCS be eliminated entirely for certain aircraft in flight

conditions where no more than a 30-minute gap in two-way communications

exists. AOPA supported its recommendation by stating that LRCS

equipment is cumbersome and expensive. According to the commentor, LRCS

equipment is often adversely affected by precipitation and other

weather conditions. Further, in overwater areas, pilots relay

transmissions to ATC through other aircraft and do not depend on their

LRCS.

FAA response: The FAA acknowledges that an LRCS has some

disadvantages; however, these disadvantages are offset by the necessity

for communications when an airplane is operating in extended overwater

beyond the range of VHF ground-based communications. While airplanes

operating in accordance with Sec. 91.511 are not involved in the

carriage of persons or cargo for compensation or hire, these airplanes

nevertheless share airspace in the geographic area with air carriers

which are engaged in transporting passengers and cargo. Therefore, the

FAA considers it necessary for safety that all aircraft operating in

the geographic area be able to communicate with ATC at all times.

ATA

The ATA supported the proposal indicating that it would provide

administrative and economic relief from an unnecessary regulatory

burden. Apparently in reference to the 15-day comment period however,

the commentor noted that, in future proposals, the FAA must abide by

the requirements of the Administrative Procedures Act (APA). Northwest

echoed this comment regarding the APA.

FAA response: In allotting the 15-day comment period, the FAA was

responding to the large number of requests for relief from the aviation

industry. The FAA considered it to be in the best interest of safety

and the public to expedite the regulation by every means possible. The

FAA did not violate any requirements of the APA, which does not require

specific comment periods for rulemaking.

Northwest Airlines

Northwest Airlines suggested that the proposed rule be amended to

allow operations in NAT/MNPS airspace for flights to and from SLATIN

along or west of A632. According to the commentor, the area of NAT/MNPS

airspace traversed by A632 is within VHF coverage except for an area of

non-coverage located on either side of the mid point of A632 between

Bermuda and the mainland of the U.S. The commentor asserted that this

non-coverage area can be traversed within 6 minutes. Northwest further

indicated that extending the boundary of the area below 27 deg.00'00''

N from longitude 60 deg.00'00'' W, would include the island of Barbados

and thereby preclude any confusion regarding coverage of the total

Caribbean island chain. Lastly, Northwest indicated that the

coordinates describing operations under part 91 do not have the same

boundaries as defined by part 91, appendix C. According to the

commentor, this presents confusion to ATC with respect to the different

requirements for air carrier and general aviation operations.

[[Page 7189]]

FAA response: The route from SLATIN along A632 to approximate

38 deg.30'00'' N and 67 deg.30'00'' W is NAT/MNPS airspace and, as

such, is governed by ICAO agreements which require redundant navigation

and communication systems. It is not within the scope (authority) of

this rule to alter those agreements. This airspace represents an

extremely small part of the total geographic area considered in this

rule and can be crossed in 6 minutes by a turbine-powered air transport

category airplane. Airlines may operate through this airspace with one

LRNS and one LRCS provided they obtain a letter of agreement with ATC.

These operations have been successful in the past and the FAA does not

consider it to be in the public interest for the U.S. government to

file a difference with ICAO.

The boundaries defined in the rule represent a general oceanic

area, outside NAT/MNPS airspace, in which a single LRNS and single LRCS

may be used when an airplane is unable to navigate by reference to

standard ICAO navigational aids such as VOR or ADF. The location of the

island of Barbados outside the western boundary of the geographic area

does not exclude it from operations conducted under this regulation

since VOR coverage extends well into the geographic area.

The commentor's concern regarding possible conflict between the

requirements of part 91, appendix C and the boundaries of the

geographic area of the rule is unfounded. Part 91, appendix C refers to

operations within NAT/MNPS airspace whereas the regulation limits

operation to airspace outside NAT/MNPS airspace.

Aviation Consulting Firm

George Rabe & Associates, the aviation consulting firm opposed to

the proposal indicated that some of the more modern communication and

navigation systems are an improvement; however, some are not.

Nonetheless, according to the commentor, since smaller airlines cannot

afford to purchase the more expensive communication and navigation

systems, they do not have the luxury of operating with enhanced

accuracy and reliability provided by the more sophisticated systems.

This commentor stated that the economic arguments of the proposal are

not justified given that GPS is expected to bring down costs and that

some operators will still conduct operations requiring the use of dual

LRNS and LRCS. Moreover, according to this commentor, increased air

traffic and reduced separation standards should bring forth a

requirement for improved navigation safety not a reduction in safety

standards. Indicating that errors are not mechanical but human, this

commentor recommended maintaining the requirement for dual LRNS and

LRCS and also improving training requirements.

FAA response: The FAA realizes that cost differences exist among

LRNS and LRCS equipment and that there may be some differences in

accuracy; however, all equipment used for operations under this rule

must meet certain standards of approval established by the FAA. These

standards serve to assure that an acceptable level of safety is

maintained regardless of the cost and availability of the equipment.

The safe operation of LRNS and LRCS is a part of the operators'

approved training program and is assured by FAA inspection and

surveillance. Knowing that mistakes in navigation occasionally will be

made, the FAA established certain operational factors in the rule to

minimize any potential threat to safety which may result from potential

errors.

One of the major factors considered in this rule is the question of

economic burden to the air transportation industry. The FAA believes

that this rule will relieve the airlines of a significant cost burden.

If GPS LRNS units, and subsequently approved operations, present a cost

savings above other, more prevalent, systems in use today, the FAA

would certainly favor such a potential.

Economic Summary

This final rule reduces costs to operators by eliminating the

requirements for two LRCS and two LRNS in the Gulf of Mexico, part of

the western Atlantic Ocean, and the Caribbean Sea (the geographic

area). Savings will come from reduced avionics costs, reduced fuel

consumption from less aircraft weight, and reduced risk of flight

cancellations due to inoperative equipment.

The FAA estimates the fleet size operating in the geographic area

will be approximately 158 airplanes in 1995. The FAA assumes that the

size of the fleet serving the geographic area will grow by 5.5 percent

annually over the 10-year period, 1995-2004. Although the fleet

composition varies from jumbo jets to smaller twin-engine turboprop

planes, commercial operators most often use Boeing 727's in the

geographic area. In addition to the scheduled commercial fleet, general

aviation and non-commercial operators operating in the geographic area

will gain some relief from this rule as well. The FAA, however, does

not have an accurate measure of the size of the fleet operating in the

geographic area.

Each commercial operator will save approximately $17,000 per

airplane in equipment costs and will reduce aircraft weight 20 pounds

per airplane by eliminating one LRCS; each commercial operator will

save about $36,000 per airplane in equipment costs and will reduce

aircraft weight 20 pounds per airplane by eliminating one LRNS. For

existing airplanes with equipment made redundant by this rule, the

resulting avionics cost savings will total about $53,000 per converted

airplane. The FAA also estimates that each additional pound on an

airplane costs an operator an additional 15 gallons of fuel annually.

Assuming a converted airplane removes two 20-pound pieces of equipment,

the reduction in weight will save 600 gallons of fuel each year. Using

a 1993 average jet fuel price of $.675 per gallon, the reduction in

weight of 600 gallons of fuel per year will result in annual savings

totaling over $400 per converted airplane.

Additional savings from the rule will also come from reduced flight

cancellations as operators experience fewer equipment failures as a

result of the reduced equipment requirements. Cost reduction resulting

from the prevention of a cancellation depends on passenger time,

passenger handling costs, lost revenue, and operating costs. The

approximate cost of a Boeing 727 cancellation is estimated to equal

just over $28,000. The FAA, however, does not have an accurate estimate

for the number of flight cancellations attributable to non-functioning

LRCS or LRNS for airplanes operating in the geographic area from which

to estimate the total cost savings resulting from reduced

cancellations.

The FAA assumes that 50 percent of the commercial fleet serving the

geographic area will reduce the equipment in its airplanes to only one

LRCS and one LRNS, and that this conversion will occur during the first

2 years after implementation of the rule. Thereafter, the FAA assumes

that one-half the airplanes added to the commercial fleet will be

placed in service with only one LRCS and one LRNS. The FAA further

assumes that the savings resulting from reduced fuel expenditure

applies to the equipment conversion of 50 percent of the fleet

converting to a single LRCS and a single LRNS.

In each of the first 2 years after the rule becomes effective, the

industry will reduce avionics costs by over $2 million. Over the decade

1995-2004, the total savings in 1993 dollars for reduced avionics

requirements will exceed $6.7

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million. The fuel savings resulting from airplane weight reduction will

add another $389,000 in reduced costs, bringing the total cost savings

in 1993 dollars for this final rule to more than $7.1 million. The net

discounted savings for the decade 1995-2004, will total just over $5.7

million.

The FAA has determined that no safety problem exists with the

reduction in requirements for dual LRCS and dual LRNS for certain

overwater operations. In the past two decades, the FAA has granted

limited exemption from the requirements for dual LRCS and LRNS to

certain qualified operators operating in the geographic area. No

airplane operating under exemption has had an accident which can be

attributed to having only one LRCS or one LRNS. During that time, the

accuracy and reliability of navigation equipment has continuously

improved. Thus, the FAA believes that this rule presents no degradation

in aviation safety in the geographic area.

International Trade Impact Analysis

Domestic air carriers will receive a negligible cost reduction, but

there will be no impact on foreign operators. Hence, this rule will

have no effect on the sale of foreign aviation products or services in

the U.S. or on the sale of U.S. products or services in foreign

countries.

Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (RFA) ensures that

government regulations do not needlessly and disproportionately burden

small businesses. The RFA requires the FAA to review each rule that may

have ``a significant economic impact on a substantial number of small

entities.''

FAA criteria define ``a substantial number'' as not less than

eleven nor more than one-third of the small entities subject to the

rule. Among air carriers, a small entity is defined as one which owns,

but does not necessarily operate, nine or fewer aircraft. The criteria

define ``a significant impact'' as follows: $102,000 for scheduled air

carriers with 60 or more seats; $57,000 for scheduled air carriers with

fewer than 60 seats.

This amendment is wholly cost relieving. By eliminating the need

for two LRCS and LRNS in the geographic area, the estimated cost

savings to an operator is $53,000. This savings is less than the

threshold amount for small, scheduled operators.

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 rule

would not have federalism implications requiring the preparation of a

Federalism Assessment.

International Civil Aviation Organization and Joint Aviation

Regulations

In keeping with U.S. obligations under the Convention on

International Civil Aviation, it is FAA policy to comply with ICAO

Standards and Recommended Practices (SARP) to the maximum extent

practicable. For this amendment, the FAA has reviewed the SARP of Annex

6, Parts I and II, applicable to international commercial air

transportation operations and international general aviation operations

respectively. The FAA has determined that this rule would not present

any differences.

Paperwork Reduction Act

This rule contains no 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.).

Conclusion

For the reasons discussed in the preamble, and based on the

findings in the Regulatory Flexibility Determination and the

International Trade Impact Statement, the FAA has determined that this

regulation is not significant under Executive Order 12866. In addition,

it is certified 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 rule is not

significant under DOT Regulatory Policies and Procedures (44 FR 11034;

February 26, 1979).

List of Subjects

14 CFR Part 1

Air Transportation.

14 CFR Part 91

Aircraft, Airmen, Airports, Air traffic control, Aviation safety.

14 CFR Part 121

Air Carriers, Aircraft, Airmen.

14 CFR Part 125

Aircraft, Airmen, Aviation safety.

14 CFR Part 135

Air taxis, Aircraft, Airmen, Aviation safety.

The Amendment

In consideration of the foregoing, the Federal Aviation

Administration amends 14 CFR parts 1, 91, 121, 125, and 135 as follows:

PART 1--DEFINITIONS AND ABBREVIATIONS

1. The authority citation for part 1 is revised to read as follows:

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

2. Section 1.1 is amended by adding the following definitions:

Sec. 1.1 General definitions.

* * * * *

Long-range communication system (LRCS). A system that uses

satellite relay, data link, high frequency, or another approved

communication system which extends beyond line of sight.

Long-range navigation system (LRNS). An electronic navigation unit

that is approved for use under instrument flight rules as a primary

means of navigation, and has at least one source of navigational input,

such as inertial navigation system, global positioning system, Omega/

very low frequency, or Loran C.

* * * * *

PART 91--AIR TRAFFIC AND GENERAL OPERATING RULES

3. The authority citation for part 91 is revised to read as

follows:

Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101,

44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722,

46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531,

articles 12 and 29 of the Convention on International Civil Aviation

(61 stat. 1180).

4. In Sec. 91.11, paragraph (a) introductory text is amended by

removing ``paragraphs (c) and (d)'' and by adding ``paragraphs (c),

(d), and (f)'', in its place and new paragraph (f) is added to read as

follows:

Sec. 91.511 Radio equipment for overwater operations.

* * * * *

(f) Notwithstanding the requirements in paragraph (a)(2) of this

section, a person may operate in the Gulf of Mexico, the Caribbean Sea,

and the Atlantic Ocean west of a line which extends from 44 deg.47'00''

N / 67 deg.00'00'' W to 39 deg.00'00'' N / 67 deg.00'00'' W to

38 deg.30'00'' N / 60 deg.00'00'' W south along the 60 deg.00'00'' W

longitude line to the point where the line intersects with the northern

coast of South America, when:

[[Page 7191]]

(1) A single long-range navigation system is installed,

operational, and appropriate for the route; and

(2) Flight conditions and the aircraft's capabilities are such that

no more than a 30-minute gap in two-way radio very high frequency

communications is expected to exist.

PART 121--CERTIFICATION AND OPERATIONS: DOMESTIC, FLAG, AND

SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE

AIRCRAFT

5. The authority citation for part 121 continues to read as

follows:

Authority: 49 U.S.C. 106(g), 40101, 40105, 40113, 44701-44702,

and 44704-44705.

6. The first sentence of Sec. 121.99 is revised to read as follows:

Sec. 121.99 Communication facilities.

Each domestic and flag air carrier must show that a two-way radio

communication system is available at points that will ensure reliable

and rapid communications, under normal operating conditions over the

entire route (either direct or via approved point-to-point circuits)

between each airplane and the appropriate dispatch office, and between

each airplane and the appropriate air traffic control unit except as

specified in Sec. 121.351(c). * * *

7. Section 121.351 is amended by revising paragraph (a) and adding

new paragraph (c) to read as follows:

Sec. 121.351 Radio and navigation equipment for extended overwater

operations and for certain other operations.

(a) Except as provided in paragraph (c) of this section, no person

may conduct an extended overwater operation unless the airplane is

equipped with the radio communication equipment necessary to comply

with Sec. 121.349, an independent system that complies with

Sec. 121.347 (a)(1), and two long-range navigation systems when VOR or

ADF radio navigation equipment is unusable along a portion of the

route.

(b) * * *

(c) Notwithstanding the requirements of paragraph (a) of this

section, installation and use of a single LRNS and a single LRCS may be

authorized by the Administrator and approved in the certificate

holder's operations specifications for operations and routes in certain

geographic areas. The following are among the operational factors the

Administrator may consider in granting an authorization:

(1) The ability of the flightcrew to reliably fix the position of

the airplane within the degree of accuracy required by ATC,

(2) The length of the route being flown, and

(3) The duration of the very high frequency communications gap.

PART 125--CERTIFICATION AND OPERATIONS: AIRPLANES HAVING A SEATING

CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF

6,000 POUNDS OR MORE

8. The authority citation for part 125 continues to read as

follows:

Authority: 49 U.S.C. 106(g), 1153, 40104, 40105, 44113, 44701-

44705, 44707-44714, 44716-44717, 44722.

9. Section 125.203 is amended by adding the phrase ``Except as

provided in paragraph (e) of this section,'' at the beginning of the

first sentence of paragraph (c) introductory text and adding a new

paragraph (e) to read as follows:

Sec. 125.203 Radio and navigation equipment.

* * * * *

(e) Notwithstanding the requirements of paragraph (c) of this

section, installation and use of a single long-range navigation system

and a single long-range communication system for extended overwater

operations in certain geographic areas may be authorized by the

Administrator and approved in the certificate holder's operations

specifications. The following are among the operational factors the

Administrator may consider in granting an authorization:

(1) The ability of the flightcrew to reliably fix the position of

the airplane within the degree of accuracy required by ATC,

(2) The length of the route being flown, and

(3) The duration of the very high frequency communications gap.

PART 135--AIR TAXI OPERATORS AND COMMERCIAL OPERATORS

10. The authority citation for part 135 continues to read as

follows:

Authority: 49 U.S.C. 106(g), 1153, 40101, 40105, 44113, 44701-

44705, 44707-44717, 44722, and 45303.

11. Section 135.165 is amended by adding a new paragraph (d) to

read as follows:

Sec. 135.165 Radio and navigation equipment: Extended overwater or IFR

operations.

* * * * *

(d) Notwithstanding the requirements of paragraphs (a) and (b) of

this section, installation and use of a single long-range navigation

system and a single long-range communication system, for extended

overwater operations, may be authorized by the Administrator and

approved in the certificate holder's operations specifications. The

following are among the operational factors the Administrator may

consider in granting an authorization:

(1) The ability of the flightcrew to reliably fix the position of

the airplane within the degree of accuracy required by ATC,

(2) The length of the route being flown, and

(3) The duration of the very high frequency communications gap.

Issued in Washington, D.C., on February 20, 1996.

David R. Hinson,

Administrator.

[FR Doc. 96-4263 Filed 2-23-96; 8:45 am]

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