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

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

* * * * *

------------------------------------------------------------------------

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