Airworthiness Standards; Transport Category Rotorcraft Performance

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be considered, and this rule may be amended or withdrawn in light of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]

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