Proposed Rule2022-25711
Update to Air Carrier Definitions
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
December 7, 2022
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA proposes to amend the regulatory definitions of certain air carrier and commercial operations. This proposed rule would add powered-lift to these definitions to ensure the appropriate sets of rules apply to air carriers' and certain commercial operators' operations of aircraft that FAA regulations define as powered-lift. The FAA also proposes to update certain basic requirements that apply to air carrier oversight, such as the contents of operations specifications and the qualifications applicable to certain management personnel. In addition, this proposed rule would apply the rules for commercial air tours to powered-lift. This proposed rule is an important step in the FAA's integration of new entrant aircraft in the National Airspace System (NAS).
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 234 (Wednesday, December 7, 2022)</title>
</head>
<body><pre>
[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Proposed Rules]
[Pages 74995-75020]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-25711]
[[Page 74995]]
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 91, 110, 119, 121, 125, 136
[Docket No. FAA-2022-1563; Notice No. 23-03]
RIN 2120-AL80
Update to Air Carrier Definitions
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA proposes to amend the regulatory definitions of
certain air carrier and commercial operations. This proposed rule would
add powered-lift to these definitions to ensure the appropriate sets of
rules apply to air carriers' and certain commercial operators'
operations of aircraft that FAA regulations define as powered-lift. The
FAA also proposes to update certain basic requirements that apply to
air carrier oversight, such as the contents of operations
specifications and the qualifications applicable to certain management
personnel. In addition, this proposed rule would apply the rules for
commercial air tours to powered-lift. This proposed rule is an
important step in the FAA's integration of new entrant aircraft in the
National Airspace System (NAS).
DATES: Send comments on or before February 6, 2023.
ADDRESSES: Send comments identified by docket number FAA-2022-1563
using any of the following methods:
Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">http://www.regulations.gov</a> and
follow the online instructions for sending your comments
electronically.
Mail: Send comments to Docket Operations, M-30; U.S. Department of
Transportation (DOT), 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: In accordance with 5 U.S.C. 553(c), Department of
Transportation solicits comments from the public to better inform its
rulemaking process. DOT posts these comments, without edit, including
any personal information the commenter provides, to <a href="http://www.regulations.gov">http://www.regulations.gov</a>, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at <a href="http://www.dot.gov/privacy">http://www.dot.gov/privacy</a>.
Docket: Background documents or comments received may be read at
<a href="http://www.regulations.gov">http://www.regulations.gov</a> at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jackie Clow, Aviation Safety
Inspector, Air Transportation Division, Flight Standards Service,
Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591; telephone: 202-267-8166; email:
<a href="/cdn-cgi/l/email-protection#3c565d5f575559125d125f50534b7c5a5d5d125b534a"><span class="__cf_email__" data-cfemail="5b313a3830323e753a753837342c1b3d3a3a753c342d">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Table of Contents
I. Executive Summary
II. Legal Authority
III. Discussion of the Proposed Rule
A. Powered-Lift in Air Carrier Operations
B. Commercial Air Tours and Flights for the Benefit of
Charitable, Nonprofit, or Community Events
IV. Regulatory Notices and Analyses
A. Regulatory Evaluation
B. Regulatory Flexibility Determination
C. International Trade Impact Assessment
D. Unfunded Mandates Assessment
E. Paperwork Reduction Act
F. International Compatibility and Cooperation
G. Environmental Analysis
V. Executive Order Determinations
A. Executive Order 13132, Federalism
B. Executive Order 13211, Regulations That Significantly Affect
Energy Supply, Distribution, or Use
C. Executive Order 13609, Promoting International Regulatory
Cooperation
VI. Additional Information
A. Comments Invited
B. Confidential Business Information
C. Electronic Access and Filing
I. Executive Summary
FAA regulations that apply to air carrier operations define five
kinds of air carrier operations. The terms the FAA uses for air carrier
operations are found in the applicability provisions for the
appropriate set of operating rules. With this proposed rule, the FAA
incorporates powered-lift into the definitions of five kinds of air
carrier operations--commuter, domestic, flag, on-demand, and
supplemental. The current air carrier definitions, as well as certain
regulations that apply to other commercial operations of aircraft, only
refer to ``airplanes'' and ``rotorcraft.'' To enable air carrier
operations with powered-lift, the FAA proposes adding powered-lift to
the definitions in Sec. 110.2 of Title 14 of the Code of Federal
Regulations (14 CFR). This proposed rule would also extend the
applicability of certain operating rules to powered-lift, such as the
rules that apply to large aircraft operations that are not common
carrier operations and rules that apply to commercial air tours.
The FAA also proposes to update various provisions within 14 CFR
part 119 (Certification: Air Carriers and Commercial Operators) to
address air carriers' operations of powered-lift. This proposed rule
would amend certain aircraft-specific provisions in Sec. 119.1, which
outline the applicability of and exceptions from part 119. This
proposed rule would add sight-seeing flights in gliders to the
exclusions from part 119. Furthermore, this proposed rule would amend
the qualification requirements for personnel in certain management
positions for air carriers, to ensure they have appropriate experience
in powered-lift operations. This proposed rule would make various
technical amendments to part 119 for clarity and revise reflect current
FAA practice pertaining to the information included in operations
specifications. In addition, the proposed rule will revise certain
recordkeeping requirements.
II. Legal Authority
The FAA's authority to issue rules on aviation safety is codified
throughout Title 49 of the United States Code. The FAA issues this
proposed rule under the authority in section 106. Section 106(f)
establishes that the Administrator may promulgate regulations and
rules. Subtitle VII, Aviation Programs, describes in more detail the
scope of the agency's authority. Furthermore, section 44701(a)(5)
requires the Administrator to promote safe flight of civil aircraft in
air commerce by prescribing regulations and setting minimum standards
for other practices, methods, and procedures necessary for safety in
air commerce and national security. Section 44702 provides express
authority to the Administrator to issue certificates under and oversee
aviation safety. In addition, section 44701(d)(1)(A) specifically
states the Administrator, when prescribing safety regulations, must
consider ``the duty of an air carrier to provide service with the
highest possible degree of safety in the public interest.'' Similarly,
section 44705 requires the Administrator to prescribe regulations for
the issuance of air carrier operating certificates when the
Administrator finds, after investigation, that the holder of the
[[Page 74996]]
certificate is properly and adequately equipped and able to operate
safely.
The FAA also proposes this rule in accordance with sections 44711
and 44713. Section 44711(a)(4) prohibits a person from operating as an
air carrier without an air carrier operating certificate or in
violation of a term of the certificate. Similarly, section 44711(a)(5)
prohibits a person from operating aircraft in air commerce in violation
of a regulation prescribed or a certificate that the FAA issues under
section 44701(a) or (b) or under sections 44702-44716. In addition,
section 44713 requires air carriers to hold and comply with air carrier
operating certificates and make, or cause to be made, inspections,
repairs, or maintenance used in air transportation. Such regulations
apply to operators by the provisions of 14 CFR parts 110 and 119, which
this proposed rule would amend.
III. Discussion of the Proposed Rule
This proposed rule would apply part 121 (Operating Requirements:
Domestic, Flag, and Supplemental Operations), 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; and
Rules Governing Persons Onboard Such Aircraft), part 135 (Operating
Requirements: Commuter and On Demand Operations and Rules Governing
Persons Onboard Such Aircraft) and part 136 (Commercial Air Tours and
National Parks Air Tour Management) to certain types of operations in
powered-lift. This proposed rule would also amend Sec. 91.146
(Passenger-carrying flights for the benefit of a charitable, nonprofit,
or community event) and Sec. 91.147 (Passenger carrying flights for
compensation or hire) to enable powered-lift into these types of
operations. To use consistent aircraft terms throughout parts 110 and
119, the FAA is also proposing to change the term helicopter to
rotorcraft within Sec. Sec. 91.146, 91.147 and part 136. Therefore,
all applicability regulations used in commercial service will use the
same aircraft terms.
The FAA is engaging in a multi-step process of updating the
regulations that apply to aircraft that traditionally have not operated
under these parts. Overall, the FAA maintains a risk-based approach to
the integration of new entrant aircraft into the national airspace
system. When operations present a higher level of risk, based on volume
of passengers carried and frequency of operation, the FAA will subject
such operations to a regulatory framework designed to mitigate those
risks. In addition to this rulemaking, the FAA is proposing a Special
Federal Aviation Regulation (SFAR), ``Integration of Powered-Lift:
Pilot Certification and Operations'' (RIN 2120-AL72), to establish
temporary operating and airman certification regulations for powered-
lift. The SFAR will enable industry to begin operating powered-lift
while FAA gathers data to develop permanent regulations through a
future rulemaking. The FAA plans to use the information gathered in
this interim process to update its regulations to address powered-lift
operations broadly.
A. Powered-Lift in Air Carrier Operations
Title 14 CFR 1.1 defines powered-lift as ``a heavier-than-air
aircraft capable of vertical takeoff, vertical landing, and low speed
flight that depends principally on engine-driven lift devices or engine
thrust for lift during these flight regimes and on nonrotating
airfoil(s) for lift during horizontal flight.'' This low airspeed
capability could result from aircraft configuration changes such as
tilt-wing, tiltrotor, or tilt-propeller; thrust vectoring; direct-lift
engines; or other means. In addition, the FAA has previously described
powered-lift as being useful for civil applications, as these types of
aircraft have ``vertical take-off and landing and hovering capability
like helicopters,'' and are able to ``fly at higher airspeeds like
airplanes.'' \1\
---------------------------------------------------------------------------
\1\ Pilot, Flight Instructor, Ground Instructor, and Pilot
School Certificate Rules, 60 FR 41160, 41165 (Aug. 11, 1995).
---------------------------------------------------------------------------
At present, various manufacturers are developing powered-lift for
civilian use. These aircraft vary in size and passenger-seating
configurations and employ both new and traditional kinds of propulsion
systems. The operations conceptualized include vertical takeoff and
landing capability, transition from low airspeed to high-speed
horizontal flight, and sustained level forward flight.
Operations with powered-lift could offer many benefits over
traditional rotorcraft. For example, some powered-lift may be capable
of transporting heavier loads at higher altitudes and faster cruise
speeds than a rotorcraft, while maintaining vertical takeoff and
landing capability. Such capability may increase efficiency in
transporting crew and material to remote locations such as offshore oil
rigs. Operators may also seek to use powered-lift for transporting
passenger's point-to-point; for example, such transportation could
occur from a heliport and proceed at turboprop airspeeds and ranges.
Other opportunities may also exist in concentrated urban environments,
where short point-to-point distances coupled with vertical capability
may allow for more efficient transportation of passengers or cargo than
existing ground transportation methods. Application of the appropriate
set of rules for powered-lift in a range of certificate holders'
operations would serve as both a risk mitigation measure and a
framework for FAA oversight, as necessary to achieve the requisite
level of safety.
The requirements of part 119 apply both to air carriers and other
commercial operators. Part 119 provides the process for obtaining and
maintaining an operating certificate. This proposed rule would apply
the appropriate requirements of part 119 to powered-lift operations.
1. Applicability of Operating Rules
This proposed rule would amend the following definitions in Sec.
110.2 to include powered-lift: commuter operation, domestic operation,
flag operation, on-demand operation, and supplemental operation.
Therefore, the rules and applicability sections in 14 CFR chapter 1,
subchapter G would include use of powered-lift in the kinds of
operations. Amending these definitions along with other provisions of
part 119 would enable powered-lift to engage in operations consistent
with the applicable statutory framework that applies to air carrier and
commercial operations.
i. Operations Under Parts 121 and 135
Part 121 applies to three distinct kinds of operations of air
carriers: domestic, flag, and supplemental. Both domestic and flag
operations under part 121 currently consist of any scheduled flight
operation \2\ using turbojet powered airplanes, or airplanes that have
a passenger-seat configuration of more than 9 passenger seats,\3\ or
that have a payload capacity of more than 7,500
[[Page 74997]]
pounds. Domestic operations occur between any points within the 48
contiguous states of the United States or the District of Columbia or
solely within any state, territory, or possession of the United States.
Unlike domestic operations, flag operations are those that occur
between any point within the State of Alaska, the State of Hawaii, or
any territory or possession of the United States, and any point outside
the State of Alaska or the State of Hawaii or any territory or
possession of the United States, respectively. Flag operations also
include scheduled operations in airplanes that occur between any point
within the 48 contiguous States of the United States or the District of
Columbia and any point outside the 48 contiguous States of the United
States and the District of Columbia, as well as those that occur
between any point outside the United States and another point outside
the United States.
---------------------------------------------------------------------------
\2\ For purposes of determining which types of operations are
``scheduled,'' the FAA uses its definition at Sec. 110.2, which
provides, ``[s]cheduled operation means any common carriage
passenger-carrying operation for compensation or hire conducted by
an air carrier or commercial operator for which the certificate
holder or its representative offers in advance the departure
location, departure time, and arrival location. It does not include
any passenger-carrying operation that is conducted as a public
charter operation under part 380 of this chapter.''
\3\ Throughout this description of the kinds of operations, each
use of the term ``passenger-seat configuration'' for numerical
thresholds and limitations excludes the number of crewmember seats.
This is consistent with the existing text of each definition.
---------------------------------------------------------------------------
Supplemental operations under part 121 include any common carriage
operation for compensation or hire using airplanes that have a
passenger-seat configuration of more than 30 seats or that have a
payload capacity of more than 7,500 pounds. Supplemental operations
also include those in which the airplane is also used in domestic or
flag operations and is listed in the operations specifications for such
operations when the airplane is either propeller-powered and has more
than 9 and less than 31 passenger seats, or turbojet-powered and has 1
or more and less than 31 passenger seats. The definition of
``supplemental operation'' also specifies that the operations are
either all-cargo operations, passenger-carrying public charter
operations under part 380, or operations for which the departure time
and location, as well as the arrival location, are specifically
negotiated.
Part 135 applies to two kinds of operations: on-demand and
commuter.
On-demand operations are those either conducted as a public charter
under part 380 or any operations in which the departure time and
location and arrival location are specifically negotiated with the
customer and are: in rotorcraft; common carriage operations with
airplanes (including turbojet-powered airplanes) that have a passenger-
seat configuration of 30 seats or fewer and a payload capacity of 7,500
pounds or less; or noncommon or private carriage operations conducted
with airplanes having a passenger-seat configuration of less than 20
seats and a payload capacity of less than 6,000 pounds. On-demand
operations also include scheduled passenger-carrying operations that
consist of less than five round-trips per week on at least one route
between two or more points according to its published flight schedules
in airplanes (other than turbojet-powered airplanes) that have a
maximum passenger-seat configuration of 9 seats or less and a maximum
payload capacity of 7,500 pounds or less, or in any rotorcraft.
Finally, on-demand operations also include all-cargo operations
conducted with airplanes having a payload capacity of 7,500 pounds or
less, or with rotorcraft.\4\
---------------------------------------------------------------------------
\4\ As noted above, ``all-cargo air transportation'' means ``the
transportation by aircraft in interstate air transportation of only
property or only mail, or both.'' 49 U.S.C. 40102(a)(10).
---------------------------------------------------------------------------
Commuter operations are scheduled operations \5\ conducted by any
person operating airplanes (other than turbojet-powered airplanes) that
have a maximum passenger-seat configuration \6\ of 9 seats or less and
a maximum payload capacity of 7,500 pounds or less, as well as all
rotorcraft, when such operations conduct at least five round trips per
week on at least one route between two or more points according to its
published flight schedules.
---------------------------------------------------------------------------
\5\ The definition of ``scheduled operation'' is codified at 14
CFR 110.2.
\6\ Throughout this description of the kinds of operations, each
use of the term ``passenger-seat configuration'' for numerical
thresholds and limitations excludes crewmember seats. This is
consistent with the existing text of each definition.
---------------------------------------------------------------------------
Part 121 currently applies to any turbojet-powered airplane with
one or more passenger seats used for scheduled operations. Scheduled
operations under part 135 that are generally ``commuter'' operations
are limited to 9 seats or fewer and cannot occur in turbojet airplanes.
The FAA previously determined that the operations of small turbojets,
which are used for operations such as transoceanic, long range and
international, are like the operations of large air carriers.\7\ To
ensure safety of passengers carried in those kinds of operations, the
provisions of part 121 apply to scheduled operations of turbojet
airplanes. This proposed rule would include turbojet-powered powered-
lift alongside the term ``turbojet powered airplane'' to ensure
consistency in applying the appropriate risk mitigation measures for
operations of turbojet-powered aircraft.
---------------------------------------------------------------------------
\7\ Commuter Operations and General Certification and Operations
Requirements, 60 FR 65832, 65838 (Dec. 20, 1995).
---------------------------------------------------------------------------
Under this proposed rule, part 121 would apply to operations that
air carriers conduct with powered-lift when they fulfill the criteria
of the definitions of domestic, flag, and supplemental operations,
while part 135 would apply to operations that certificate holders
conduct with powered-lift that meet the criteria of commuter and on-
demand operations. Many of the requirements in part 121 are distinct
from the requirements that apply to operations under part 135. In this
regard, the aircraft passenger-seat configuration and payload capacity
maximums that differentiate applicability of parts 121 and 135, are
longstanding, regulatory distinctions with which certificate holders
are familiar and are appropriate for applying to powered-lift.\8\ The
FAA has crafted operating rules designed to mitigate the risks of
operations of aircraft operating under parts 121 and 135. As a result,
the scaled approach of risk mitigations in both parts remains
appropriate because powered-lift that are large and carry passengers in
scheduled operations generally present a higher level of risk.
---------------------------------------------------------------------------
\8\ In Commuter Operations and General Certification and
Operations Requirements, the FAA cited its 1953 rulemaking in which
the FAA set forth the requirement that airplanes with a maximum
certificated takeoff weight of 12,500 pounds or less would be
permitted to carry fewer than 10 passengers in on-demand air taxi
service. 60 FR 65832, 65835 (Dec. 20, 1995).
---------------------------------------------------------------------------
a. 121 Applicability
Section 121.1 establishes the applicability of part 121, which
prescribes the rules governing air carrier operations conducted under
domestic, flag, or supplemental operations. Section 121.1(g) currently
states, ``This part also establishes requirements for operators to take
actions to support the continued airworthiness of each airplane.''
Section 121.1(g) is the only paragraph in section 121.1 that currently
uses the term ``airplane.'' The FAA proposes to revise paragraph (g) to
apply to ``aircraft'' instead of ``airplane.'' This change in section
121.1 is necessary to correspond to the changes in parts 110 and 119 to
extend the applicability of these parts to powered-lift.
The FAA also proposes to make a technical correction to section
121.1(c) by removing ``SFAR No. 58'' and replacing it with ``subpart
Y'' which was codified on September 16, 2005.
b. Certain Flight Time Limitations and Rest Requirements Under Part 121
With regard to flight time limitations and rest requirements, this
proposed rule would amend Sec. Sec. 121.470, 121.480, and 121.500 to
replace the word ``airplanes'' with the term ``aircraft.'' Section
121.470 applies the provisions of part 121, subpart Q to domestic all-
cargo operations; Sec. 121.480 applies the provisions of part 121,
subpart R to flag all-cargo operations; and Sec. 121.500 applies the
provisions of part 121,
[[Page 74998]]
subpart S to supplemental all-cargo operations. These sections all
contain an exception that is available for certificate holders
conducting operations with airplanes having a passenger-seat
configuration of 30 seats or fewer (excluding each crewmember seat) and
a payload capacity of 7,500 pounds or less: in such airplanes,
certificate holders may opt to comply with the requirements of
Sec. Sec. 135.261 through 135.273, rather than the provisions in
subparts Q, R, or S of part 121. Permitting this option for powered-
lift that conduct operations in aircraft with a seat configuration of
30 seats or fewer (excluding each crewmember seat and a payload
capacity of 7,500 pounds or less is appropriate because the FAA has
previously determined that specific flight time limitations and rest
requirements of Sec. Sec. 135.261 through 135.273 adequately address
the risk associated with lack of rest in such operations.\9\
---------------------------------------------------------------------------
\9\ The FAA states in the preamble to the 2012 final rule,
Flightcrew Member Duty and Rest Requirements, that it attempted to
impose the least possible burden on air carriers, consistent with
the need to improve safety. Consequently, the rule imposes stringent
limits in safety-critical areas and less stringent limits in other
areas. For example, the FAA recognizes that the costs for all-cargo
operations to comply with more stringent duty and rest requirements
would ``significantly exceed the quantified societal benefits.'' See
Flightcrew Member Duty and Rest Requirements, 77 FR 330, 332 (Jan.
4, 2012).
---------------------------------------------------------------------------
In addition, Sec. 121.470 contains an exception for operations
conducted entirely within Alaska or Hawaii with airplanes having a
passenger-seat configuration of more than 30 seats (excluding each
crewmember seat) or a payload capacity of more than 7,500 pounds: these
airplanes may comply with subpart R of part 121 instead (pertaining to
flag all-cargo operations).\10\ Permitting this option for powered-lift
that conduct such operations entirely within the States of Alaska or
Hawaii is appropriate for the same reasons the FAA permits this
exception for similarly sized airplanes. Thus, for such operations, the
specific flight time limitations and rest requirements of subpart R
adequately address the risk associated with lack of rest.\11\
---------------------------------------------------------------------------
\10\ The FAA allows all-cargo operations conducted entirely
within the States of Alaska or Hawaii to comply with the flight time
limitations under subpart R--pertaining to flag operations--because
those operations are included under the definition of ``flag
operation'' in 14 CFR 110.2.
\11\ Flightcrew Member Duty and Rest Requirements, 77 FR 330,
331 (Jan. 4, 2012); 78 FR 69287 (Nov. 19, 2013).
---------------------------------------------------------------------------
ii. Operations Under Part 125
As with the applicability of parts 121 and 135 to distinct types of
air carrier operations, part 119 states that operators conducting
noncommon carriage are subject to the rules of either part 125 or part
135.
When noncommon carriage occurs in an airplane having a passenger
seat configuration of less than 20 seats, excluding crewmember seats,
and a payload capacity of less than 6,000 pounds, Sec. 119.23(b)
requires those operations to be conducted under part 135 as on-demand
operations. When noncommon carriage occurs in an airplane having a
seating configuration of 20 or more passengers or a maximum payload
capacity of 6,000 pounds or more, part 125 applies. This proposed rule
would amend the applicability provisions relevant to noncommon or
private carriage operations such that those provisions would include
powered-lift. This proposed rule would amend paragraphs (a), (b), (c),
and (e) of Sec. 125.1, to add the term ``powered-lift'' or, where
appropriate, ``aircraft.'' These amendments incorporate powered-lift
into the statements regarding applicability of part 125 requirements.
Large powered-lift, due to their size, weight, and passenger
capacity, present a level of risk that part 125 mitigates. Requiring
large powered-lift conducting noncommon carriage operations to comply
with part 125 would ensure an appropriate level of safety. These
requirements and standards mitigate safety risks of large aircraft
operating under part 125; extending them to noncommon carriage
operations of large powered-lift is consistent with the FAA's strategy
for mitigating risks. The FAA's proposed amendments to Sec. Sec.
119.23 and 125.1 would clarify that operators that conduct noncommon
carriage operations in powered-lift would do so under the rules of part
125, provided they fall within the scope outlined in Sec. 119.23(a).
This proposed rule would also change the term from ``airplane'' to
``aircraft'' in the title of part 125 and amend Sec. 125.23 to change
the word ``airplane'' to ``aircraft,'' as Sec. 125.23 generally
addresses applicability of certain rules and standards concerning
operations.
2. Requirements and Applicability of Part 119
Part 119 contains basic requirements that apply to each person that
operates or intends to operate a civil aircraft as an air carrier or
commercial operator, or both, in air commerce. These requirements,
which include the obligation to maintain current operations
specifications and employ management personnel who are sufficiently
qualified to oversee certain aspects of the certificate holder's
operation, are a critical means by which the FAA oversees air carrier
and commercial operations. This proposed rule would amend provisions
concerning the applicability of other rules, management personnel
qualifications, and exceptions from the applicability of part 119. The
incorporation of powered-lift into such provisions would provide
consistency in FAA oversight of air carrier and commercial operations.
The FAA also proposes to revise Sec. 119.1(a) to apply part 119 to
airplanes and powered lift conducting noncommon carriage or private
carriage operations for compensation or hire with a passenger-seat
configuration of less than 20 seats and a payload capacity of less than
6,000 pounds. This proposed amendment is consistent with the existing
Sec. 119.23, which requires airplanes meeting those specifications to
comply with certain certification, operations, and operations
specifications requirements.
Similarly, the FAA also proposes to amend Sec. 119.5(c) to include
powered-lift operations in the description of which persons will be
issued an Operating Certificate for operations when common carriage is
not involved. The FAA also proposes to amend Sec. Sec. 119.21 and
119.23 to apply appropriate requirements to powered-lift operations of
commercial operators engaged in intrastate common carriage or
operations when common carriage is not involved, respectively.
The existing types of operations excluded from part 119 are:
student instruction; aerial work operations; nonstop commercial air
tours that fulfill certain criteria; ferry or training flights;
sightseeing flights in hot air balloons; nonstop flights conducted
within 25 statute miles of the airport of takeoff that are for the
purpose of intentional parachute operations; helicopter flights
conducted within a 25 statute-mile-radius of the airport of takeoff
that fulfill certain limiting criteria; operations that occur under
part 133 (Rotorcraft External-Load Operations) or part 375 (Navigation
of Foreign Civil Aircraft Within the United States); emergency mail
service operations; operations conducted under Sec. 91.321 (Carriage
of candidates in elections); and small unmanned aircraft systems
operations conducted under part 107 (Small unmanned aircraft systems).
Many operations subject to exclusion do not specify the type of
aircraft eligible for the exclusion; however, some exclusions apply
only to helicopters or only to airplanes and helicopters. Specifically,
a subset of the exclusion for operations used in construction or repair
work currently
[[Page 74999]]
applies only to helicopter flights. In addition, the exclusion that
covers nonstop commercial air tours is specific to operations in either
airplanes or helicopters. An exclusion also exists for helicopter
flights conducted within a 25-statute-mile radius of the airport of
takeoff that meet certain, specific criteria. This proposed rule would
broaden each of these exclusions to cover operations conducted in both
powered-lift and rotorcraft.
The proposed use of the term ``rotorcraft'' \12\ throughout Sec.
119.1 will ensure consistency with other applicability provisions of
part 119. For example, Sec. 119.25 states that each person that
conducts rotorcraft operations for compensation or hire must do so in
accordance with the applicable rules of part 135. In addition, the
definitions of ``commuter'' and ``on-demand'' codified in Sec. 110.2
use only the term ``rotorcraft.'' Accordingly, using the term
``rotorcraft,'' as defined in Sec. 1.1, consistently throughout part
119, rather than the term ``helicopter,'' is appropriate.
---------------------------------------------------------------------------
\12\ With respect to aircraft certification, rotorcraft are a
``class'' of aircraft as defined in Sec. 1.1, while helicopters are
a kind of rotorcraft. Section 1.1 defines ``class'' as ``a broad
grouping of aircraft having similar characteristics of propulsion,
flight, or landing. Examples include: airplane, rotorcraft, glider .
. . .'' Section 1.1 defines ``helicopter'' as ``a rotorcraft that,
for its horizontal motion, depends principally on its engine-driven
rotors.''
---------------------------------------------------------------------------
The proposed rule would replace ``helicopter'' with ``rotorcraft''
and add ``powered-lift'' to the exclusion described at Sec.
119.1(e)(4)(v). Section 119.1(e)(4) lists six specific types of aerial
work operations to which part 119 does not apply. These operations
include crop dusting, banner towing, aerial photography or surveying,
firefighting, construction and repair work, and powerline and pipeline
patrol. The existing regulatory text that excludes operations for
construction and repair work under Sec. 119.1(e)(4)(v) specifically
applies only when the operator uses helicopters. Examples of aerial
work operations that fulfill the exception criteria of Sec.
119.1(e)(4)(v) include replacing air conditioners in large buildings;
work on photovoltaic cells, cellular towers, and other types of towers;
and performing construction in buildings in which the movement of heavy
construction loads up several levels via rotorcraft saves energy and
time. The FAA anticipates powered-lift would perform functions in
aerial work in much the same manner as rotorcraft currently do.
Moreover, the vertical takeoff and landing options powered-lift offer,
their ability to hover, and the capability of some powered-lift to
carry heavier loads than many rotorcraft may prompt operators to use
them for construction or repair work. Allowing powered-lift to operate
under this exception poses low risk to the general public. Typically,
operators conduct aerial work operations in limited areas with low
exposure to the public, or, if conducted in metropolitan areas, in
areas that are appropriately cordoned off. Moreover, the risk to the
general public remains low due to the limitation of the work; its
infrequent nature; and the containment practices operators use to limit
such risk.
The FAA also proposes to broaden the exclusion in Sec. 119.1(e)(7)
to permit those flights to occur using powered-lift or rotorcraft,
rather than only helicopters. Section 119.1(e)(7) excludes from the
applicability of part 119 helicopter flights conducted within a 25-
statute-mile radius of the airport of takeoff if no more than two
passengers are carried; each flight occurs under day visual flight
rules (VFR) conditions; the helicopter used is certificated with a
standard airworthiness certificate and complies with certain inspection
requirements; the operator notifies a certain FAA office prior to the
operation; the total number of flights does not exceed six per year;
the Administrator has approved each flight; and the flight does not
carry any cargo. The FAA historically excluded the helicopter flights
described in Sec. 119.1(e)(7) based on the conclusion that such
operations do not warrant the level of oversight that part 119
requires.
In addition, this proposed rule would add operations conducted in
gliders to the exception that applies to sightseeing flights.
Currently, the text of Sec. 119.1(e)(5) only excludes from the
applicability of part 119 sightseeing flights conducted in hot air
balloons. The proposed addition of gliders to this exception will
ensure the regulatory text of Sec. 119.1(e)(5) reflects the FAA's
current practices of permitting glider operations under this exception
from part 119 and is consistent with the level of risk mitigation
necessary for such operations.
Lastly, this proposed rule will add powered-lift to Sec.
119.1(e)(2), which currently excludes certain nonstop commercial air
tour flights conducted in either an airplane or helicopter from the
applicability of part 119.
i. Records Regarding Operations
Each certificate holder subject to part 119 must maintain
operations specifications. The FAA approves all operations
specifications, which must include a variety of information, such as
the types of aircraft, routes, and airports the certificate holder
uses, among other items.
This proposed rule would narrow the current requirement in Sec.
119.49. The existing text of Sec. 119.49(a)(12), (b)(12), and (c)(11)
requires operations specifications to contain ``[a]ny authorized
deviation and exemption'' issued under 14 CFR chapter 1. By its plain
language, the aforementioned paragraphs broadly require operations
specifications to contain copies of all deviations and exemptions
granted from any requirement under chapter 1.
The FAA has determined this requirement is too broad, as it
obligates certificate holders to ensure their operations specifications
contain exemptions and deviations that also apply to the aircraft the
certificate holder uses. Such a requirement is unnecessary because
information concerning design standards and other airworthiness aspects
that apply to an aircraft are available in other records. Operators of
the aircraft are aware of deviations and exemptions from design
standards because the paperwork that accompanies the aircraft contains
adequate information. For example, the aircraft's type certificate data
sheet refers to applicable exemptions.\13\ In such cases, it is
unnecessary for the certificate holder's operations specifications to
contain deviations or exemptions if those deviations or exemptions
apply to the aircraft and do not have a corresponding operating rule.
---------------------------------------------------------------------------
\13\ See 14 CFR 21.41 (``Type certificate''), which states each
type certificate includes the type design, operating limitations,
certificate data sheet, the applicable regulations with which the
FAA records compliance, and any other conditions or limitations
prescribed for the product in part 21, subpart B.
---------------------------------------------------------------------------
The FAA is mindful of the fact that many rules that address
aircraft equipage and functionality, however, include both an aircraft
and operating component. To obtain relief from such a rule, the
operator would need to receive exemption or permission to deviate from
aircraft-specific requirements, and operations specifications would
need to contain records of such exemptions or deviations from such
rules. For example, Sec. 91.203(d) prohibits any person from operating
a civil airplane (domestic or foreign) into or out of an airport in the
United States unless it complies with the fuel venting and exhaust
emissions requirements of 14 CFR part 34. As a result, while under this
proposed rule operations specifications would not need to contain any
exemption from a requirement of part 34 as this exemption would be
identified in the aircraft records; however, they would need to
[[Page 75000]]
note the existence of an exemption from Sec. 91.203(d) because this
relief would not otherwise be noted in any record associated with the
operation itself. Similar rules exist throughout subpart C of part 91,
as well as subparts J and K of part 121 and subpart C of part 135. This
proposed rule would require that operations specifications contain only
exemptions and deviations the FAA has granted that apply to the
certificate holder.
Similar to this proposed rule's amendments to Sec. 119.49(a)(12),
(b)(12), and (c)(11), this proposed rule would also revise Sec.
91.1015(a)(9) in a similar manner. Section 91.1015(a)(9) applies to
management specifications that persons who participate in a fractional
ownership program under part 91, subpart K, maintain. Currently, Sec.
91.1015(a)(9) requires each set of management specifications to contain
each deviation or exemption that the participant receives for any
requirement of 14 CFR chapter 1. Requiring a listing or copies of
exemptions that apply to the aircraft rather than the operator is
unnecessary for the FAA's oversight of participants' operations under
part 91, subpart K.
ii. Management of Operation
This proposed rule would amend the qualification and experience
requirements by changing the term airplane to aircraft as appropriate.
For certificate holders that conduct operations under part 121, this
rule would also require at least one Chief Pilot for each category of
aircraft that each certificate holder uses, when the certificate holder
uses both airplanes and powered-lift.
Sections 119.65 through 119.71 set forth management personnel
requirements that certificate holders must fulfill to ensure the
highest degree of safety in their operations. In requiring qualified
personnel hold certain management positions, the FAA emphasized that
certificate holders' employment of management personnel who are
experienced and committed to ensuring safety is an important means of
ensuring compliance with the rules that apply to the operations.\14\
---------------------------------------------------------------------------
\14\ Commuter Operations and General Certification and
Operations Requirements, 60 FR 65832, 65885-86 (Dec. 20, 1995).
---------------------------------------------------------------------------
Section 119.69 contains requirements for certificate holders who
conduct operations under part 135. Section 119.69(a) states certificate
holders must have a Director of Operations, Chief Pilot, and Director
of Maintenance. Section 119.71 sets forth the specific qualification
standards that each person who holds any of these positions must meet.
This proposed rule would not amend the qualification standards listed
at Sec. 119.71 because they are not specific to any particular type of
aircraft. As a result, they need not change to ensure management
personnel have adequate experience when managing regulatory compliance
with certificate holders' operations about airplanes, rotorcraft, or
powered-lift.
Under Sec. 119.65(a), which lists management positions that
certificate holders conducting operations under part 121 must maintain,
each certificate holder must have a Director of Safety, Director of
Operations, Chief Pilot, Director of Maintenance, and Chief Inspector.
With the exception of the Director of Safety position, each person who
holds any of the positions identified in Sec. 119.65 must meet
specific qualification standards set forth in Sec. 119.67.
In some cases, candidates who seek to hold a management personnel
position listed at Sec. 119.65 might not fulfill the experience
requirements but could be qualified in another manner. In such cases,
Sec. 119.67(e) provides the FAA's Flight Standards Service the
discretion to issue a deviation. Such deviations are based on Flight
Standards finding that the candidate can fulfill the duties of the
position that he or she seeks to hold.
This proposed rule would also remove the routing codes from the
regulatory text of Sec. 119.67(e), as the FAA no longer uses such
codes in its regulations.
Furthermore, Sec. 119.65(b) provides the FAA with discretion to
approve positions or numbers of positions other than those listed in
Sec. 119.65(a) if the certificate holder shows it can perform the
operation with the highest degree of safety under the direction of
fewer or different categories of management personnel. In making such a
determination, the FAA considers the kind of operation involved, the
number and types of airplanes used, and the area of operations.
This proposed rule would amend the qualification and experience
requirements applicable to Directors of Operations, Chief Pilots,
Directors of Maintenance, and Chief Inspectors for certificate holders
that conduct operations under part 121 because these qualification
standards are currently specific to airplanes. Incorporating certain
powered-lift operations into the requirements of part 121 requires
amending these qualification requirements applicable to management
personnel who supervise a certificate holder's operations.
a. Director of Operations
Currently, Sec. 119.67(a)(2) (Management personnel: Qualifications
for operations conducted under part 121 of this chapter) specifically
requires Directors of Operations to have experience in ``airplanes.''
To broaden this section to cover Directors of Operations for
certificate holders that use powered-lift, this proposed rule would use
the general term ``aircraft'' in that paragraph. Therefore, for
certificate holders that conduct operations under part 121, this
proposed rule would require the Director of Operations to have at least
3 years of supervisory or managerial experience within the last 6 years
in a position that exercised operational control over any operations
conducted with large aircraft under part 121 or part 135. In the
alternative, if the certificate holder uses only small aircraft in its
operations, then the Director of Operations may obtain this experience
in large or small aircraft. The proposed references to ``large
aircraft'' and ``small aircraft'' would have the same meanings as
defined in Sec. 1.1: ``Large aircraft means aircraft of more than
12,500 pounds, maximum certificated takeoff weight,'' and ``Small
aircraft means aircraft of 12,500 pounds or less, maximum certificated
takeoff weight.''
Section 119.67(a)(3) also currently requires anyone who serves in a
Director of Operations role for a certificate holder that conducts
operations under part 121 to have at least three years of experience as
pilot-in-command of a large airplane, if the certificate holder uses
large airplanes. If the certificate holder uses small airplanes, then
experience in either large or small airplanes will satisfy this
requirement. If the person is serving as a Director of Operations for
the first time ever, then this experience must have occurred within the
prior six years. Under this proposed rule, a person who would serve as
Director of Operations would need to have experience as pilot-in-
command in at least one of the categories of ``aircraft'' the
certificate holder uses in its operations. In using the term
``category'' in this context, this proposed rule would mean the broad
classification of aircraft regarding the certification, ratings,
privileges, and limitations of airmen. Such categories include
airplane, rotorcraft, and powered-lift, among others, as listed at
Sec. 61.5(b)(1). In addition, the term ``uses'' refers to the types of
aircraft that are listed on the certificate holder's operations
specifications, pursuant to Sec. 119.49(a)(4), (b)(4), and (c)(5).
[[Page 75001]]
b. Chief Pilot
This proposed rule would amend the existing regulatory text that
contains Chief Pilot qualification requirements such that the text
would include the term ``aircraft,'' where appropriate. In addition,
the FAA proposes amendments to the Chief Pilot requirements that will
ensure the Chief Pilot's qualifications are commensurate to the
aircraft category the certificate holder is operating. In proposing
these amendments, the FAA intends to ensure the management personnel
team remains adequately prepared and qualified to address risks that
operations of each category of aircraft may present.
To be qualified to serve as a Chief Pilot, a person must meet the
qualifications of Sec. 119.67(b). These qualifications include holding
an airline transport pilot (ATP) certificate with appropriate ratings
for at least one of the airplanes the certificate holder uses. The term
``appropriate ratings'' means the ratings a pilot must hold to serve as
a pilot-in-command of an airplane in the certificate holder's
operations.
This proposed rule would require the Chief Pilot for powered-lift
to hold an ATP certificate and be appropriately rated in at least one
of the powered-lift the certificate holder uses. This requirement is
important because the Chief Pilot must maintain a detailed level of
understanding of the particular aircraft the certificate holder
operates to communicate effectively with the pilots who serve in a
certificate holder's operations while performing his or her oversight
duties.
The FAA is aware that such ``appropriate ratings'' may vary
considerably. For example, pilot type ratings or class ratings for
certain powered-lift might not yet exist. In such cases, the
requirement for the Chief Pilot to have an ATP certificate with
appropriate ratings means the Chief Pilot would need to hold an ATP
certificate in the appropriate category of aircraft, as well as the
appropriate class or type rating for the aircraft the certificate
holder uses in conducting operations under part 121. If both a class
and type rating exist for the aircraft, then the Chief Pilot must have
both ratings.
This proposed rule would also clarify that the ATP certificate with
appropriate ratings must be for an aircraft the certificate holder uses
in operations ``under part 121.'' This clarification would ensure
certificate holders who may hold authority to conduct operations under
both part 121 and part 135 know that they must have a Chief Pilot who
holds an ATP certificate with appropriate ratings for an aircraft used
in part 121 operations. In the interest of ensuring clarity, this
proposed rule would add the phrase ``under part 121'' to Sec.
119.67(b).
Currently, a candidate who seeks to become a Chief Pilot must have
a minimum of three years' experience as pilot-in-command of a large
airplane operated under either part 121 or part 135, if the certificate
holder operates large airplanes. If the certificate holder uses only
small airplanes, then the Chief Pilot's experience as pilot-in-command
may be in either small or large airplanes. As with the Director of
Operations qualifications discussed previously, this proposed rule
would amend ``large airplane[s]'' and ``small airplane[s]'' to ``large
aircraft'' and ``small aircraft.'' These terms are defined at 14 CFR
1.1.
This proposed rule would require the Chief Pilot to have pilot-in-
command experience in the category of aircraft for which he or she will
exercise responsibility. In addition, the three years of experience as
pilot-in-command must have occurred under either part 121 or part 135
and must have occurred within the past six years if the Chief Pilot
candidate has not previously served as a Chief Pilot.
The FAA proposes to amend Sec. 119.65(a)(3) to require one Chief
Pilot for each category of aircraft because the Chief Pilot must have a
detailed understanding of the particular aircraft the certificate
holder operates. This level of expertise is a key component of the
FAA's rationale for proposing one Chief Pilot for each category of
aircraft the certificate holder uses; in this regard, the Chief Pilot's
duties and responsibilities generally arise from the specific kind of
aircraft with which the certificate holder provides air transportation
services. The agency has long emphasized that it adopted the Chief
Pilot experience requirements to ensure familiarity with operations of
a certificate holder, and that such familiarity is critical to attain
prior to assuming the responsibilities of Chief Pilot.\15\
---------------------------------------------------------------------------
\15\ See Provision for Deviations from Qualifications
Requirements for Chief Pilots, 34 FR 7175 (Apr. 30, 1969).
---------------------------------------------------------------------------
Chief Pilots often oversee the development of policy in addition to
holding individual pilots accountable for adherence to the certificate
holder's manual and procedures. Operations of airplanes and powered-
lift will likely be subject to provisions in the manuals that are
distinct. For example, provisions in manuals concerning dispatch and
flight release, flight operations, ground services and loading of the
aircraft, fueling, deicing, ramp procedures, and various other critical
aspects of operation within the manuals will require the Chief Pilot to
have specialized knowledge relevant to the category of aircraft. Chief
Pilots must also be able to communicate effectively with the pilots
they supervise, especially concerning the certificate holder's training
program for pilots. In this regard, training for powered-lift
proficiency will be distinct from training for airplanes. Furthermore,
Chief Pilots are involved in planning future routes and contracts for
new aircraft, as well as overseeing compliance with flight and duty
limitations that apply to the certificate holder. In addition, risk
mitigation measures that certificate holders implement are distinct
between categories of aircraft: A Chief Pilot who only has experience
in airplanes may not have the skills to evaluate risk mitigation
strategies necessary for powered-lift to operate safely.
In summary, having a Chief Pilot who is specifically qualified in
the category of aircraft the certificate holder uses would ensure the
certificate holder fulfills the standard of providing air
transportation with the highest possible degree of safety. In proposing
to amend part 119 to apply to operations of powered-lift, the FAA has
also remained mindful of the discretion that Sec. 119.65(b) provides,
which allows the FAA to approve positions or numbers of positions other
than those listed in Sec. 119.65(a).
c. Director of Maintenance
Section 119.65 requires each certificate holder that conducts
operations under part 121 to have a Director of Maintenance and Sec.
119.67(c) provides the qualifications to serve as Director of
Maintenance. This proposed rule would replace the term ``airplane'' in
Sec. 119.67(c) with ``aircraft.''
Under Sec. 119.67(c) each Director of Maintenance must hold a
mechanic certificate with airframe and powerplant ratings, have one
year of experience in a position responsible for returning airplanes to
service, have at least one year of supervisory experience of a certain
type in a role of maintaining the same category and class of airplane
as the certificate holder uses, and have three years' experience within
the preceding six years in maintaining or repairing airplanes. These
requirements further specify that the experience with ``maintaining
large airplanes'' must occur for large airplanes with 10 or more
passenger seats in the same category and class of airplane the
[[Page 75002]]
certificate holder uses. As an alternative to maintaining large
airplanes, the Director of Maintenance may have experience repairing
airplanes in a certificated airframe repair station that is rated to
maintain airplanes in the same category and class of airplane that the
certificate holder uses.
This proposed change, therefore, would require the minimum one year
of supervisory experience with either maintaining or repairing at least
one of the aircraft in the same category and class of aircraft the
certificate holder uses. Under this proposed rule, the Director of
Maintenance would need to have accumulated three years of experience
within the past six years in maintaining or repairing aircraft in the
same category and class of aircraft the certificate holder uses. The
term ``category'' in this context (i.e., qualifications for Directors
of Maintenance), would mean the grouping of aircraft based upon
intended use or operating limitations.\16\ The definition in 14 CFR 1.1
cites as examples: f transport, normal, utility, acrobatic, limited,
restricted, and provisional. Similarly, the use of the term ``class''
in the context of Sec. 119.67(c), means a broad grouping of aircraft
having similar characteristics of propulsion, flight, or landing.\17\
The definition cites the following as examples of class: balloon,
glider, landplane, rotorcraft, and seaplane.
---------------------------------------------------------------------------
\16\ 14 CFR 1.1.
\17\ 14 CFR 1.1.
---------------------------------------------------------------------------
These experience and qualification requirements within 119.67(c)
are key components of ensuring the Director of Maintenance is
adequately qualified to serve in the role of overseeing other mechanics
and personnel performing maintenance. Aircraft that are configured with
10 or more passenger seats generally must comply with additional
maintenance requirements.\18\ Familiarity with these specific
maintenance requirements, in addition to the generally applicable
maintenance regulations and the certificate holder's operations, as
required by Sec. 119.65(d), is important in ensuring safety. In
addition, experience maintaining or repairing aircraft in the same
category and class will ensure the Director of Maintenance is
knowledgeable about aspects of the specific aircraft that the
certificate holder uses such as airworthiness standards, provisions in
manuals, and general manufacturing practices. Directors of Maintenance
generally oversee activities that involve such aircraft-specific
aspects. The FAA believes experience with aircraft of the same category
and class of aircraft the certificate holder uses would achieve the
FAA's objective of ensuring the Director of Maintenance has appropriate
experience with adhering to procedures and ensuring compliance with
rules and programs relevant to maintenance.
---------------------------------------------------------------------------
\18\ 14 CFR 135.411(a)(2); see also Sec. 121.367.
---------------------------------------------------------------------------
d. Chief Inspector
Currently, a person who serves as a Chief Inspector must hold a
mechanic certificate with both airframe and powerplant ratings, which
he or she has held for at least 3 years. Chief Inspectors must also
have at least three years of experience with maintenance on different
types of large airplanes with 10 or more passenger seats with a
certificate holder or certificated repair station, one year of which
must have been as a maintenance inspector and have at least one year of
experience in a supervisory capacity maintaining the same category and
class of aircraft as the certificate holder uses. Chief Inspectors have
direct authority and responsibility over people performing the
requisite inspections for the certificate holder.
This proposed rule would amend the section that sets forth
qualifications for Chief Inspectors for certificate holders that
conduct operations under part 121. The proposed amendment would permit
the three years of maintenance experience to occur on different types
of large aircraft with 10 or more passenger seats, rather than only
large airplanes. This proposed amendment would be consistent with the
other proposed changes of this rule that assist in incorporating
powered-lift into the framework of part 121. As with the Director of
Maintenance qualifications, this retention of the 10-seat threshold
ensures the Chief Inspector will have experience with a maintenance
program the certificate holder has developed and with which the
certificate holder complies.\19\ In addition, the use of the term
``large aircraft'' in this requirement refers to those aircraft that
are more than 12,500 pounds at their maximum certificated takeoff
weight.\20\
---------------------------------------------------------------------------
\19\ 14 CFR 135.411(a)(2); see also Sec. 121.367.
\20\ See 14 CFR 1.1 (definition of ``large aircraft'').
---------------------------------------------------------------------------
B. Commercial Air Tours and Flights for the Benefit of Charitable,
Nonprofit, or Community Events
Commercial air tours are flights conducted for compensation or hire
in an airplane or helicopter in which the purpose of the flight is
sightseeing.\21\ Passenger-carrying flights may also be conducted
without compensation or hire for certain charitable, nonprofit, and
community events. The FAA intends to incorporate powered-lift for
commercial air tours and flights for the benefit of charitable,
nonprofit or community events, and to revise the necessary provisions
to address ``rotorcraft'' instead of ``helicopter''. This will ensure
consistency with the changes made to the definition of commercial air
tour in part 110, as well as the change made to nonstop commercial air
tours within Sec. 119.1.
---------------------------------------------------------------------------
\21\ 14 CFR 110.2 and 136.1(d). Some flights that are commercial
air tours under part 136 or Sec. 91.147 may also be subject to
other requirements. For example, the requirements of 49 U.S.C. 40128
(``Overflights of national parks'') or 14 CFR part 93, subpart U
(``Special Flight Rules in the Vicinity of Grand Canyon National
Park, AZ'') refer to certain types of commercial air tours in
``powered aircraft.'' This proposed rule would not affect the
applicability of any such requirements.
---------------------------------------------------------------------------
1. Regulatory Framework for Commercial Air Tours
The FAA regulates commercial air tours under part 136 and Sec.
91.147. Part 136, subpart A, ``National Air Tour Safety Standards,''
currently applies to ``each person operating or intending to operate a
commercial air tour in an airplane or helicopter'' as well as all
occupants of the airplane or helicopter engaged in the air tour.\22\
Part 136, subpart A, applies to part 121 or 135 operators conducting
commercial air tours and holding a part 119 certificate. Section 91.147
applies to commercial air tour operators that do not hold a certificate
under part 119.
---------------------------------------------------------------------------
\22\ Id. Section 136.1(a).
---------------------------------------------------------------------------
Only operators certificated under part 119 may conduct commercial
air tours that: occur beyond 25 miles of the departure airport; start
and end at different airports; occur in airplanes or helicopters
configured to have more than 30 seats or payload capacity in excess of
7,500 pounds; or, subject to a limited exception, commercial air tours
that occur over a unit of the national park system.\23\ As a result,
such commercial air tours must operate in accordance with either part
121, Operating Requirements: Domestic, Flag, and Supplemental
Operations, or part 135, Operating Requirements: Commuter and On Demand
Operations and Rules Governing Persons on Board Such Aircraft. As
summarized above in section III.A.1 of this preamble, parts 121 and 135
contain various provisions applicable to certificate holders'
[[Page 75003]]
operations, such as requirements and restrictions relevant to
operations, safety, and training.
---------------------------------------------------------------------------
\23\ Section 136.37(g) permits commercial air tour operations
over a national park to occur under the general operating rules of
part 91 if (1) the air tour activity is permitted under part 119;
(2) the operator secures a letter of agreement from the
Administrator and the Superintendent for that park describing the
conditions under which the operations will be conducted; and (3) the
number of flights that occur under this exception does not exceed a
total of 5 by all operators in a 30-day period over a particular
park.
---------------------------------------------------------------------------
Section 91.147, Passenger Carrying Flights for Compensation or
Hire, applies to air tour operators that take off and land at the same
airport and stay within 25 miles of that airport.\24\ Section 91.147(a)
defines ``operator'' for purposes of Sec. 91.147 and for purposes of
drug and alcohol testing \25\ as any person who conducts non-stop
passenger-carrying flights in an airplane or helicopter for
compensation or hire in accordance with Sec. Sec. 119.1(e)(2),
135.1(a)(5), or 121.1(d) when flights begin and end at the same airport
and are conducted within a 25-statute mile radius of that airport.
Under Sec. 119.1(e)(2), nonstop commercial air tours are exempt from
the applicability of part 119 as long as they are conducted in an
airplane or helicopter having a standard airworthiness certificate and
passenger-seat configuration of 30 seats or fewer and a maximum payload
capacity of 7,500 pounds and meet the operational criteria described
previously.
---------------------------------------------------------------------------
\24\ Section 119.1(e)(2) also states part 119 applies to
commercial air tours that an operator conducts in accordance with
part 136, subpart B, National Parks Air Tour Management, unless
Sec. 136.37(g)(2) excludes the operation from applicability.
Section 119.1(e)(2) further provides separate applicability
provisions for commercial air tours conducted in the vicinity of the
Grand Canyon National Park, Arizona. None of these additional
applicability provisions specify that they are limited to airplanes,
helicopters, or any other specific type of aircraft. The FAA does
not propose amendments to Sec. 136.37(g)(2).
\25\ 14 CFR 120.1(a) states, in part, that the requirements of
part 120, Drug and Alcohol Testing Program, apply to all operators
as defined in Sec. 91.147.
---------------------------------------------------------------------------
2. Incorporation of New Types of Aircraft
Section 91.147 and the requirements of part 136, subpart A, are
currently limited in applicability to airplanes and helicopters. The
FAA has determined this scope is too narrow, as manufacturers may
design and produce other rotorcraft and powered-lift that operators
could use for commercial air tours. Consequently, the FAA is proposing
to expand the applicability of part 136 by changing the term
``helicopter'' to ``rotorcraft'' and adding ``powered-lift'' to the
applicability in Sec. 136.1. Additionally, this proposed rule would
replace ``helicopter'' with the term ``rotorcraft'' and add ``powered-
lift'' to the relevant applicability provisions of Sec. 91.147 to
ensure the appropriate safety risk mitigations apply to all commercial
air tours.
The FAA is proposing to change the term ``helicopter'' to
``rotorcraft'' throughout part 136 in order to ensure these safety
standards of part 136 apply to other rotorcraft and not only
helicopters.\26\ Part 136 was promulgated to help prevent accidents and
incidents that occur during commercial air tour operations and should
therefore apply to more than just airplanes and helicopters.\27\ In
fact, these safety risk mitigations found within part 136 have proven
to reduce incidents and accidents.\28\ If the FAA does not expand part
136 to include ``rotorcraft'', then the more stringent safety risk
mitigations afforded in that part would not apply to the rotorcraft
that currently conduct air tours under part 135. Applying the
requirements of part 136 to airplanes, powered-lift, and rotorcraft
that conduct commercial air tours is an appropriate step in ensuring
safe integration of new types of aircraft.
---------------------------------------------------------------------------
\26\ Rotorcraft means ``a heavier-than-air aircraft that depends
principally for its support in flight on the lift generated by one
or more rotors.'' With respect to aircraft certification, rotorcraft
are a ``class'' of aircraft as defined in Sec. 1.1, while
helicopters are a kind of rotorcraft. Section 1.1 defines ``class''
as ``a broad grouping of aircraft having similar characteristics of
propulsion, flight, or landing. Examples include: airplane,
rotorcraft, glider, balloons, land plane, and seaplane.'' Section
1.1 defines ``helicopter'' as ``a rotorcraft that, for its
horizontal motion, depends principally on its engine-driven
rotors.'' Helicopters and rotorcraft both depend principally on the
rotors to provide lift to stay airborne.
\27\ The FAA acknowledges that gyroplanes are a kind of
rotorcraft. This proposed rule would retain the language of Sec.
136.1(c) that excludes gyroplanes from the applicability of part
136. Historically, gyroplanes have not been issued a standard
airworthiness certificate, so the FAA still believes excluding those
types of rotorcraft would be appropriate.
\28\ In the preamble to part 136, the FAA explained that the
commercial air tour regulations had a positive impact on safety for
these operations. ``We believe there is a relationship between the
imposition of a minimum, mandatory safety standard and the decrease
in accidents.'' 72 FR 6884, 6889 (Feb. 13, 2007).
---------------------------------------------------------------------------
The proposed use of the term ``rotorcraft'' will also ensure
consistency with other applicability provisions found within some
sections of parts 110, 119 and 135. Consistent with the approach
described previously, the FAA will address operational requirements for
powered-lift in the SFAR: Integration of Powered-Lift.
i. Suitable Landing Area for Emergencies
This proposed rule would amend the definition of the term
``suitable landing area for helicopters,'' codified at Sec. 136.1. The
current definition states such an area is one that provides the
operator reasonable capability to land without damage to equipment or
injury to persons. It further provides that such areas must be site-
specific, designated by the operator, and accepted by the FAA. The
definition states that the purpose of the area is to provide an
emergency landing area for a single-engine helicopter or a multiengine
helicopter that does not have the capability to reach a safe landing
area after an engine power loss. While no regulation within part 136
uses the term, operators may include the practice of designating
suitable landing areas in their manuals.
As previously stated, the FAA believes manufacturers may design and
produce other rotorcraft that could be used in commercial air tour
operations. Therefore, this proposed rule would broaden the
applicability to incorporate rotorcraft to ensure they are subject to
the safety standards of part 136.
The FAA's purpose in providing the definition is to ensure
operators designate potential landing areas in advance of an operation,
as such designation reduces the risk of a major accident because the
pilot-in-command is aware of potential sites for emergency landings.
Given this focus on emergencies, the FAA has determined reference to
``damage to equipment'' in the current text of the definition is
neither practical nor appropriate. The use of the term in the
definition is not consistent with the purpose of the definition, which
is to apply to the occurrence of emergency situations. The FAA expects
operators to be able to designate a site-specific landing area that,
when used, would not cause serious injury to persons, irrespective of
aircraft damage. Accordingly, the FAA proposes to remove the phrase
``damage to equipment'' from the definition of ``suitable landing
area,'' and add ``serious'' before ``injury.'' It is impracticable to
expect that an emergency landing will never result in some degree of
injury, even minor, should the aircraft have to land in a suitable
landing area. Therefore, the FAA intends that suitable landing areas
are appropriate for rotorcraft to land without causing serious injury
to persons.
The FAA further proposes to remove the last sentence of the
definition that states the purpose of the definition is to provide an
emergency landing area for helicopters that would not have the
capability to reach a safe landing area after an engine power loss. The
FAA has determined this sentence is too narrow. Removing this sentence
allows operators to identify landing areas that could be used in any
emergency not only in the case of an engine power loss. The new
definition would include the phrase ``in an emergency'' to describe the
context for which the FAA would
[[Page 75004]]
accept site-specific, designated landing areas for rotorcraft.
ii. Rotorcraft Floats for Over Water
Section 136.11 currently permits single-engine helicopters in
commercial air tours to operate over water beyond the shoreline only
when they are equipped with fixed floats or an inflatable flotation
system adequate to accomplish a safe emergency ditching. Similarly,
multiengine helicopters that cannot be operated with the critical
engine inoperative at a weight that will allow it to climb at least 50
feet a minute at an altitude of 1,000 feet above the surface with the
critical engine inoperative as provided in the Rotorcraft Flight Manual
(RFM) also must be equipped with fixed floats or an inflatable
flotation system. Those helicopters that are equipped with flotation
systems must have an activation switch for the flotation system on one
of the primary flight controls and the system must be armed when the
helicopter is over water and flying at a speed that does not exceed the
maximum speed prescribed in the RFM. These requirements, however, do
not apply to operations over water only during the takeoff and landing
portions of flight or to operations within the power-off gliding
distance to the shoreline for the duration of the flight and when each
occupant is wearing a life preserver from before takeoff until the
aircraft is no longer over water.
Extending the aforementioned requirements to rotorcraft operations
that occur under part 136 would mitigate the risks associated with
emergency water landings as the risks that are present in commercial
air tours that occur in helicopters are the same as other rotorcraft in
such scenarios. The FAA identified this mitigation when promulgating
Sec. 135.168. The overwater safety equipment requirements of Sec.
135.168 apply to rotorcraft when they are operated beyond the
autorotational distance from the shoreline. Therefore, the FAA proposes
to broaden the applicability of Sec. 136.11 to include rotorcraft.
Additionally, Sec. 136.11(b)(2), does not include a reference to
``beyond the shoreline''. The FAA proposes to add this reference to
clarify the requirement to have the flotation system armed when the
aircraft is over water beyond the shoreline. Part 136 already contains
a definition of ``shoreline,'' codified at Sec. 136.1; the use of this
term in Sec. 136.11 is appropriate because it broadly includes any
area of land adjacent to water of an ocean, sea, lake, pond, river, or
tidal basin that is above the high-water mark. The definition excludes
land areas unsuitable for landing, such as vertical cliffs or land
intermittently under water during flight. When a commercial air tour
proceeds over water beyond the shoreline, flotation systems must be
armed because flotation systems increase the chance of survival if a
rotorcraft must ditch in the water and keeping a flotation system armed
ensures an appropriate level of preparedness. Requiring that the
flotation system is armed and that the activation switch is located on
one of the primary flight controls is in response to a National
Transportation Safety Board report that investigated the air tour
industry.\29\ The NTSB stated that the opportunity for a successful
ditching is reduced if the pilot must interrupt maneuvering of the
helicopter during the critical final phase of an emergency water
landing.\30\ ``The problem can be resolved by requiring that
helicopters operated over water with flotation equipment installed be
equipped with activation systems located on primary flight controls.''
\31\ For the foregoing reasons, the FAA's proposed updates to this
section would apply these requirements to rotorcraft to require
flotation systems remain armed at the appropriate time.
---------------------------------------------------------------------------
\29\ See NTSB, Safety of the Air Tour Industry in the United
States, NTSB/SIR/-95/01 (Jun. 1, 1995).
\30\ Id. at 3.
\31\ Id.
---------------------------------------------------------------------------
iii. Performance Plans
This proposed rule would amend Sec. 136.13(a) by changing the term
helicopter to rotorcraft for the reasons already cited. This proposed
rule would amend the text in Sec. 136.13(a) to require operators to
base performance plans on information derived from the ``approved
aircraft flight manual for that aircraft''. Using this term is
consistent with the reference to aircraft flight manual in Sec.
135.81.
Section 136.13(a) currently requires commercial air tour operators
to complete helicopter performance plans before each operation that
will occur under part 136.\32\ The pilot-in-command of the operation
must review the plan for accuracy and comply with it for each flight.
Such performance plans are a key component of mitigating the risk of
commercial air tour operations, as they require the pilot-in-command to
be prepared to respond to unforeseen events.
---------------------------------------------------------------------------
\32\ This requirement also applies to operations that occur
under Sec. 91.146 (``Passenger-carrying flights for the benefit of
a charitable, non-profit, or community event'') and Sec. 91.147
(``Passenger carrying flights for compensation or hire'').
---------------------------------------------------------------------------
iv. Commercial Air Tours in Hawaii
Appendix A to part 136 applies to airplane and helicopter tours in
Hawaii. The safety standards in part 136 are specific to commercial air
tours and provide additional risk mitigations for those operations. As
stated in the National Air Tour Safety Standards final rule, FAA
believes that minimum, mandatory safety standards directly relate to a
decrease in the occurrence of accidents.\33\ Therefore, subjecting
powered-lift and rotorcraft to these safety standards is appropriate,
to ensure air tour operations would not pose additional safety risks.
---------------------------------------------------------------------------
\33\ 72 FR 6883, at 6889.
---------------------------------------------------------------------------
Appendix A previously existed as Special Federal Aviation
Regulation (SFAR) No. 71.\34\ As explained in the part 136 discussion
above, in 2007, when the FAA last amended part 136, the FAA explained
that many air tour operations occur in Hawaii and the Grand Canyon, and
that the rules of SFAR No. 71 had improved safety.\35\ The FAA
explained more restrictive altitude standards apply to air tours in
Hawaii because a large number of commercial air tour flights occur ``in
a relatively small amount of airspace'' and other demonstrated hazards
exist.\36\ As one commenter noted, many Hawaiian operations occur over
large bodies of water and water conditions in Hawaii are ``rough,
unlike the conditions in other parts of the country'' in which
operators conduct air tours.\37\ The appendix A requirements are
equally important for air tour operations in aircraft other than
helicopters. The FAA's rationale for extending the requirements and
provisions of appendix A to aircraft other than helicopters remains
consistent with the rationale the FAA expressed in its 2007 rule.
---------------------------------------------------------------------------
\34\ Air Tour Operators in the State of Hawaii, 59 FR 49138
(1994).
\35\ 72 FR at 6889 (acknowledging that while multiple reasons
existed for the accident rate improvement in Hawaii and other parts
of the country, the provisions of SFAR No. 71 had a positive impact
on safety).
\36\ Id. at 6891.
\37\ Id. at 6903.
---------------------------------------------------------------------------
Section 1 of appendix A (``Applicability'') currently states,
``[t]his appendix prescribes operating rules for airplane and
helicopter visual flight rules air tour flights conducted in the State
of Hawaii under 14 CFR parts 91, 121, and 135.'' \38\ The appendix also
defines ``air tour'' as ``any sightseeing flight conducted under visual
flight
[[Page 75005]]
rules in an airplane or helicopter for compensation or hire.'' \39\
Based on the uses of the specific terms ``airplane'' and
``helicopter,'' the appendix does not apply to other types of aircraft,
such as powered-lift and rotorcraft that are not helicopters.
---------------------------------------------------------------------------
\38\ The section includes a paragraph that specifically excludes
from its applicability ``[f]lights conducted in gliders or hot air
balloons.'' 14 CFR part 136, App. A. at Sec. 1(b).
\39\ Id. Sec. 2.
---------------------------------------------------------------------------
Amending the applicability of appendix A to incorporate powered-
lift and rotorcraft would apply the minimum flight altitude limitations
to other categories of aircraft seeking to conduct air tours in Hawaii.
As with the applicability of part 136, subpart A, and Sec. 91.147, the
FAA has determined the existing criteria and requirements for
helicopters of appendix A, section 1(a) remain appropriate for powered-
lift and rotorcraft. In this regard, the FAA has determined it is
reasonable to continue to exclude any aircraft that has a passenger-
seat configuration of more than 30 seats or a payload capacity that
exceeds 7,500 pounds, as part 121 would govern such operations. As
described previously, the SFAR: Integration of Powered-Lift will
include proposals for applying specific operating rules to powered-lift
in accordance with this appendix.
This proposed rule would also amend the references to RFMs
currently within section 4 of the subpart. As with the amendment to
Sec. 136.13, described above in section III.B.2.iii of this preamble,
using this term is consistent with the reference to Aircraft Flight
Manual in Sec. 135.81. Accordingly, the FAA proposes to include the
term ``aircraft flight manual'' in the regulatory text.
Finally, the FAA proposes to amend part 136 by re-codifying
appendix A as a new subpart and applying the requirements to operations
of powered-lift and rotorcraft.
3. Flights for the Benefit of Charitable, Nonprofit, or Community
Events
Operators that conduct passenger-carrying flights for certain
charitable, nonprofit, and community events are conducted in accordance
with Sec. 91.146. Similar to Sec. 91.147, the terms of Sec. 91.146
require flights conducted under Sec. 91.146 be nonstop and begin and
end at the same airport, not proceed further than a 25-statute-mile
radius of that airport, utilize only a public airport adequate for the
aircraft used in the operation, have no more than 30 seats (excluding
crewmember seats) and a maximum payload capacity of 7,500 pounds, not
be an aerobatic or formation flight, hold a standard airworthiness
certificate, occur only in day visual flight rules conditions, and
fulfill other criteria. Section 91.146 excludes these flights from the
applicability of part 119 and requires each flight conducted under
Sec. 91.146 occur in accordance with the safety provisions of part
136, subpart A. Moreover, passenger-carrying flights or series of
flights cannot exceed four charitable events or non-profit events per
year.
The FAA proposes amending Sec. 91.146 in a manner similar to the
amendments the FAA proposes to make to Sec. 91.147. The FAA's
oversight of such flights is generally consistent with the level of
oversight the FAA applies to commercial air tour flights under Sec.
91.147. As with the proposed amendment to Sec. 91.147, the FAA expects
that expanding the scope of Sec. 91.146 to allow for powered-lift and
rotorcraft flights in furtherance of charitable, nonprofit, and
community events will enable innovative, efficient options while
ensuring safety.
IV. Regulatory Notices and Analyses
Federal agencies consider impacts of regulatory actions under a
variety of executive orders and other requirements. First, Executive
Order 12866 and Executive Order 13563 direct that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. Fourth, the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to
prepare a written assessment of the costs, benefits, and other effects
of proposed or final rules that include a Federal mandate that may
result in the expenditure by State, local, or tribal governments, in
the aggregate, or by the private sector, of $100 million or more
annually (adjusted for inflation with base year of 1995). The current
threshold after adjustment for inflation is $165 million using the most
current (2021) Implicit Price Deflator for the Gross Domestic Product.
This portion of the preamble summarizes the FAA's analysis of the
economic impacts of this proposed rule.
In conducting these analyses, the FAA has determined that this
proposed rule (1) will have benefits that justify its costs, (2) will
not be an economically ``significant regulatory action'' as defined in
section 3(f) of Executive Order 12866, (3) will not be ``significant''
as defined in DOT's Regulatory Policies and Procedures; (4) will not
have a significant economic impact on a substantial number of small
entities; (5) will not create unnecessary obstacles to the foreign
commerce of the United States; and (6) will not impose an unfunded
mandate on State, local, or tribal governments, or on the private
sector by exceeding the threshold identified above.
A. Regulatory Evaluation
This proposed rule would enable operations of powered-lift to occur
in accordance with 49 U.S.C. 44701(d), 44705, and 44711. Currently, the
FAA's rules governing certificate holders' operations only apply to
airplanes and rotorcraft, and do not mention powered-lift. The proposed
rule would amend the definitions for the five kinds of operations
codified at Sec. 110.2--commuter, domestic, flag, on-demand, and
supplemental--to ensure the operations occur in accordance with the
statutory mandates, and to apply the appropriate set of operating rules
to operations in powered-lift. The proposed rule would also amend the
appropriate applicability of sections within part 119 to enable
powered-lift, subject to applicable exemptions, to conduct air carrier
and certain other commercial operations, commercial air tours, and
noncommon carriage operations.
The proposed rule would also amend certain aircraft-specific
exceptions from the applicability of part 119. Furthermore, this
proposed rule would alter the requirements for management personnel in
certain certificate holder management positions to ensure personnel
have appropriate experience. This proposed rule would extend the
applicability of certain operating rules that apply to commercial air
tours such that they would apply to operators that conduct flights in
powered-lift and rotorcraft. Finally, this proposed rule would make
various additional amendments in the interest of ensuring clarity. By
including powered-lift in the existing operational framework, the
proposed rule would not result in a reduction in safety because it
maintains the risk-based approach to safety. When operations present a
higher level of risk, based on volume and frequency, the FAA subjects
such operations to a regulatory framework that mitigates those risks.
The current parameters for determining whether a certificate holder
is conducting operations under parts 121, 125, or 135 would be
identical for certificate holders using powered-lift in their
operations under this proposed
[[Page 75006]]
rule. These parameters are shown below.
----------------------------------------------------------------------------------------------------------------
Passenger Cargo
------------------------------------------------------------ Non-common
Parameter Scheduled/ carriage
Scheduled Nonscheduled nonscheduled
----------------------------------------------------------------------------------------------------------------
Part 135 Operating Rules *
----------------------------------------------------------------------------------------------------------------
Passenger Seating............... <= 9 seats........ <= 30 seats....... NA................ < 20 seats.
----------------------------------------------------------------------------------------------------------------
Maximum Payload................. <= 7,500 lbs. <= 7,500 lbs...... < 6,000 lbs.
----------------------------------------------------------------------------------------------------------------
Kind of Operation............... Pt 135 Commuter if Pt 135 On Demand.. Pt 135 On Demand.. Pt 135 On Demand.
5 or more
roundtrips/week;
otherwise, Pt 135
On Demand.
----------------------------------------------------------------------------------------------------------------
Aircraft Type................... NonTurbojet....... Includes Turbojet. Includes Turbojet. Includes Turbojet.
----------------------------------------------------------------------------------------------------------------
Part 121 Operating Rules Part 125
----------------------------------------------------------------------------------------------------------------
Passenger Seating............... > 9 seats......... > 30 seats........ NA................ >= 20 seats.
----------------------------------------------------------------------------------------------------------------
Maximum Payload................. > 7,500 lbs. > 7,500 lbs....... >= 6,000 lbs.
----------------------------------------------------------------------------------------------------------------
Kind of Operation............... Part 121 Domestic Part 121 Part 121 Part 125.
if flown within Supplemental. Supplemental.
the 48 contiguous
United States or
DC; otherwise,
Part 121 Flag.
----------------------------------------------------------------------------------------------------------------
Aircraft Type................... Includes Turbojet Includes Turbojet. Includes Turbojet.
----------------------------------------------------------------------------------------------------------------
* All Rotorcraft Operations are conducted under Part 135.
NA= Not applicable.
The table below lists the proposed amendments. The first column
identifies the part and section the FAA proposes to amend while the
second column describes the change from the current state. The third
column briefly describes the proposed change as either enabling,
relieving, constraining, or as a technical amendment.
------------------------------------------------------------------------
Section Proposed change Impact
------------------------------------------------------------------------
PART 91--GENERAL OPERATING AND FLIGHT RULES
Subpart B--Flight Rules
------------------------------------------------------------------------
Sec. 91.146 Passenger-carrying The proposed Enabling.
flights for the benefit of a regulatory text
charitable, nonprofit, or would be revised
community event. to allow
passenger-
carrying flights
for the benefit
of a charitable,
nonprofit, or
community event
to be conducted
with powered-
lift. The section
would also be
amended to
replace the term
``helicopters''
with
``rotorcraft''.
Sec. 91.147 Passenger-carrying The proposed Enabling.
flights for compensation or regulatory text
hire. would be revised
to allow
passenger-
carrying flights
for compensation
or hire to be
conducted with
powered-lift. The
section would
also be amended
to replace the
term
``helicopters''
with
``rotorcraft''.
------------------------------------------------------------------------
PART 91--GENERAL OPERATING AND FLIGHT RULES
Subpart K--Fractional Ownership Operation
------------------------------------------------------------------------
Sec. 91.1015 Management The proposed Relieving.
specifications. regulatory text
would replace the
requirement for
operations
specifications to
contain copies of
all deviations
and exemptions
(including those
applicable to a
specific
aircraft) with a
requirement to
include
deviations and
exemptions
applicable only
to the operator
or airmen.
------------------------------------------------------------------------
PART 110--GENERAL REQUIREMENTS
------------------------------------------------------------------------
Sec. 110.2 Definitions........ Certain Enabling.
definitions in
this section
would be revised
to enable powered
lift to conduct
the kinds of air
carrier
operations.
------------------------------------------------------------------------
[[Page 75007]]
PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS
Subpart A--General
------------------------------------------------------------------------
Sec. 119.1 Applicability...... Section 119.1(a) Enabling.
would be revised
to incorporate
powered-lift with
seating for 20 or
more passengers
or a maximum
payload capacity
of 6,000 pounds
or more, of
certificate
holders when
common carriage
is not involved.
Section 119.1(e)
would include
powered-lift and
rotorcraft in the
list of certain,
specific types of
operations that
are excluded from
the applicability
of part 119.
Section Sec. Technical
119.1(a) would be amendment.
corrected to
include certain
airplanes and
powered-lift with
a passenger-seat
configuration of
less than 20
seats and a
payload capacity
of less than
6,000 pounds to
be consistent
with the existing
Sec. 119.23.
Sec. 119.5 Certifications, Section 119.5 Enabling.
authorizations, and would be revised
prohibitions. to incorporate
powered-lift with
seating for 20 or
more passengers
or a maximum
payload capacity
of 6,000 pounds
or more, into the
aircraft types
authorized by the
Administrator to
be issued an
operating
certificate for
conducting
operations when
common carriage
is not involved.
------------------------------------------------------------------------
PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS
Subpart B--Applicability of Operating Requirements to Different Kinds of
Operations Under Part 121, 125, and 135 of This Chapter
------------------------------------------------------------------------
Sec. 119.21 Commercial Section 119.21(a) Imposes
operators engaged in intrastate would be revised requirements on
common carriage and direct air to require certain operators
carriers. commercial of powered-lift
operators of that are
powered-lift that equivalent to the
are engaged in requirements
intrastate common currently imposed
carriage of on similar
persons or operators. No
property for additional
compensation or regulatory cost.
hire, or as a
direct air
carrier, to
comply with
either part 121
or part 135
depending on the
kind of operation
they conduct.
Domestic, flag,
and supplemental
operations are to
be conducted
under part 121.
Commuter and on-
demand operations
are to be
conducted under
part 135.
Sec. 119.23 Operators engaged Section 119.23(a) Imposes
in passenger-carrying would be revised requirements on
operations, cargo operations, to require certain operators
or both with airplanes when commercial of powered-lift
common carriage is not involved. operators of that are
powered-lift when equivalent to the
common carriage requirements
is not involved currently imposed
to comply in on similar
accordance with operators. No
requirements in additional
either part 125 regulatory cost.
or part 135.
Aircraft size in
terms of number
of seats and
payload capacity
determines which
part is
applicable to the
operator.
Sec. 119.49 Contents of The proposed Relieving.
operations specifications. regulatory text
would replace the
requirement for a
certificate
holder's
operations
specifications to
contain copies of
all deviations
and exemptions
(including those
applicable to a
specific
aircraft) with a
requirement to
include
deviations and
exemptions
applicable only
to the operator
or airmen.
Sec. 119.65 Management The proposed rule Potential cost
personnel required for would require only if a
operations conducted under part certificate certificate
121 of this chapter. holders have a holder uses both
Chief Pilot, as powered-lift and
qualified under airplanes.
Sec. 119.67, Amendment
for each category requires a part
of aircraft the 121 certificate
certificate holder to have a
holder uses. The Chief Pilot for
proposed rule each category of
would continue to aircraft in the
permit the certificate
Administrator to holder's fleet.
approve positions The proposed
or numbers of rule's reference
positions other to ``category''
than those would mean a
described in the broad
regulation, based classification of
in part on the aircraft such as
number and type airplane and
of aircraft used. powered-lift.
[[Page 75008]]
Sec. 119.67 Management Director of Imposes
personnel: Qualifications for Operations: The requirements on
operations conducted under part proposed operators of
121 of this chapter. regulatory text powered-lift that
for the Part 121 are equivalent to
certificate the requirements
holder Director currently imposed
of Operations on certificate
management holders that use
position is airplanes. No
restructured for additional
clarity. It also regulatory cost.
replaces the term
``airplane'' with
``aircraft''.
Chief Pilot: The
proposed
regulatory text
is restructured
for clarity and
replaces
``airplanes''
with
``aircraft,''
which could
encompass
airplanes and
powered-lift. The
amendment also
requires the
holder(s) of the
Chief Pilot
position for a
Part 121
certificate
holder to have an
airline transport
pilot (ATP)
certificate, with
appropriate
ratings, for at
least one of the
aircraft within
each category of
the certificate
holder's fleet.
Similarly, the
Chief Pilot will
need the Pilot in
Command time as
the current
regulation states.
Director of
Maintenance: The
proposed
regulatory text
replaces
``airplanes''
with
``aircraft,''
which could
encompass
airplanes and
powered-lift.
Chief Inspector:
The proposed
regulatory text
is restructured
for clarity and
replaces
``airplanes''
with
``aircraft,''
which could
encompass
airplanes and
powered-lift.
------------------------------------------------------------------------
PART 121--OPERATING REQUIREMENTS; DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
Subpart A--General
------------------------------------------------------------------------
Sec. 121.1 Applicability...... The proposed Imposes
regulatory text requirements on
replaces operators of
``airplanes'' powered-lift that
with ``aircraft'' are equivalent to
that certificate the requirements
holders would currently imposed
take actions to on certificate
support continued holders that use
airworthiness of airplanes. No
each aircraft, additional
which includes regulatory cost.
powered-lift used
in domestic,
flag, or
supplemental
operations as
defined in Sec.
110.2.
Sec. 121.1(c) Applicability... The proposed No impact--
regulatory text technical
makes a technical amendment.
correction to
section 121.1(c)
by removing
``SFAR No. 58''
and replacing it
with ``subpart
Y'' which was
codified on
September 16,
2005.
------------------------------------------------------------------------
PART 121--OPERATING REQUIREMENTS; DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
Subpart Q--Flight Time Limitations and Rest Requirements: Domestic
Operations
------------------------------------------------------------------------
Sec. 121.470 Applicability.... The proposed Provides options
regulatory text to certificate
of paragraph (a) holders using
would replace powered-lift in
``airplanes'' operations under
with ``aircraft'' part 121 that are
to permit equivalent to the
certificate options currently
holders using allowed. No
powered-lift in additional
domestic, all- regulatory cost.
cargo operations
of a certain
size, to adhere
to the
requirements of
Sec. Sec.
135.261 through
135.272. These
requirements set
forth flight time
limitations and
rest
requirements. In
addition,
paragraph (b)
would permit
certificate
holders that
conduct scheduled
operations
entirely within
Alaska or Hawaii
using specific
size aircraft to
have the option
of complying with
subpart R of part
121 for those
operations.
------------------------------------------------------------------------
PART 121--OPERATING REQUIREMENTS; DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
Subpart R--Flight Time Limitations and Rest Requirements: Flag
Operations
------------------------------------------------------------------------
Sec. 121.480 Applicability.... The proposed Provides options
regulatory text to certificate
would replace holders using
``airplanes'' powered-lift in
with ``aircraft'' operations under
to permit part 121 that are
certificate equivalent to the
holders using options currently
powered-lift in allowed. No
flag, all-cargo additional
operations, and regulatory cost.
operations of a
certain size to
adhere to the
requirements of
Sec. Sec.
135.261 through
135.273. These
requirements set
forth flight time
limitations and
rest requirements.
------------------------------------------------------------------------
PART 121--OPERATING REQUIREMENTS; DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
Subpart S--Flight Time Limitations and Rest Requirements: Supplemental
Operations
------------------------------------------------------------------------
Sec. 121.500 Applicability.... The proposed Provides options
regulatory text to certificate
would replace holders using
``airplanes'' powered-lift in
with ``aircraft'' operations under
to permit part 121 that are
certificate equivalent to the
holders using options currently
powered-lift in allowed. No
supplemental, all- additional
cargo operations, regulatory cost.
of a certain
size, to adhere
to the
requirements of
Sec. Sec.
135.261 through
135.273. These
requirements set
forth flight time
limitations and
rest requirements.
------------------------------------------------------------------------
[[Page 75009]]
PART 125--CERTIFICATION AND OPERATIONS: AIRCRAFT HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 6,000
POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
------------------------------------------------------------------------
Sec. 125.1 Applicability...... Part 125 applies Imposes
only to noncommon requirements on
carriage operators of
operations powered-lift that
conducted with are equivalent to
airplanes that the requirements
have a seating currently imposed
configuration of on certificate
20 or more holders that use
passengers or a airplanes. No
maximum payload additional
capacity of 6,000 regulatory cost.
pounds or more.
Noncommon
carriage
operations are
those that occur
for compensation
or hire ``that
does not involve
a holding out to
others.''
Operators that
conduct noncommon
carriage do not
exhibit a
willingness to
transport people
or property
indiscriminately.
As a result, they
do not advertise,
sell seats on a
planned flight,
or negotiate trip
details. The
proposed rule
would amend Sec.
125.1 to
incorporate
powered lift into
the statements
regarding
applicability of
part 125.
Sec. 125.23 Rules applicable This proposed rule Imposes
to operations subject to this would also amend requirements on
part. Sec. 125.23 to operators of
change the word powered-lift that
``airplane'' to are equivalent to
``aircraft,'' as the requirements
Sec. 125.23 currently imposed
generally on certificate
addresses holders that use
applicability of airplanes. No
certain rules and additional
standards regulatory cost.
concerning
operations.
------------------------------------------------------------------------
PART 136--COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT
Subpart A--National Air Tour Safety Standards
------------------------------------------------------------------------
Sec. 136.1 Applicability and The proposed Enabling.
definitions. change
incorporates
powered-lift and
rotorcraft
alongside
airplanes for
applicability of
Part 136--
Commercial Air
Tours and
National Parks
Air Tour
Management--Subpa
rt A.
Sec. 136.3 Letters of The proposed No impact--
Authorization. change would be a technical
technical amendment.
amendment that
changes the
phrase ``14 CFR
119.51'' to
``Sec. 119.51
of this chapter''.
Sec. 136.5 Additional The proposed No impact--
requirements for Hawaii. amendment would technical
be updated to amendment.
reflect the
recodification of
Appendix A as
Subpart D.
Sec. 136.9 Life preservers for The proposed Enabling--no
operations over water. amendment to Sec. impact over and
136.9 ensures above current
the safety of requirements.
each occupant for
operations over
water by
requiring a multi-
engine aircraft
to be operated at
a weight as
provided in the
approved aircraft
flight manual for
that aircraft.
Sec. 136.11 Rotorcraft floats The section title Enabling--no
for over water. and this section impact over and
would be revised above current
to extend to requirements.
other rotorcraft,
the requirements
for helicopter
floats for
operations that
occur overwater
beyond the
shoreline.
Sec. 136.13 Performance plan The section title Enabling--no
and operations. and this section impact over and
would be revised above current
to extend requirements.
requirements for
helicopter
performance plans
to rotorcraft.
The performance
plan must be
based on
information in
the approved
Aircraft Flight
Manual for that
aircraft.
Subpart D--Special Operating This amendment Enabling--no
Rules for Air Tour Operators in recodifies impact over and
the State of Hawaii. ``Appendix A'' as above current
``Subpart D'' and requirements.
extends the
applicability of
operating rules
for Air Tour
Operators in the
State of Hawaii
to include
operations
conducted with
powered-lift and
rotorcraft.
------------------------------------------------------------------------
1. Benefits
This proposed rule would enable air carrier and other commercial
operations of powered-lift to occur by extending the applicability of
the appropriate set of operating rules that would apply both risk
mitigation measures and a framework for FAA oversight, as necessary to
ensure safety.
Operations that occur with powered-lift could offer many benefits.
For example, some powered-lift may be capable of transporting heavier
loads at higher altitudes and faster cruise speeds than helicopters,
yet they maintain the capability of taking off and landing vertically.
The faster cruise speeds and range could also improve response times by
as much as 50 percent for search and rescue operations and allow a
higher level of life-saving care during transport because of a smoother
flight profile compared to helicopters.\40\ In addition powered-lift
operations could increase the efficiency of crew transport to oil rigs
as they move further from land, or other offshore locations with
smaller landing areas. Certificate holders may also seek to use
powered-lift for transporting passengers point-to-point; for example,
transportation could occur from a heliport and proceed at turbo-prop
airspeeds and ranges. Using powered-lift for transport of passengers
could increase the capacity of the NAS and reduce delays without
requiring additional infrastructure.\41\
---------------------------------------------------------------------------
\40\ Military, GLOBALSECURITY.ORG (last visited August 22,
2022), available at <a href="https://www.globalsecurity.org/military/world/europe/aw609.htm">https://www.globalsecurity.org/military/world/europe/aw609.htm</a>.
\41\ Costa, Guillermo J., Conceptual Design of a 150-Passenger
Civil Tiltrotor, NASA Ames Research Center--Aeromechanics Branch
(Aug. 2012), (last visited August 22, 2022) available at <a href="https://rotorcraft.arc.nasa.gov/Publications/files/Guillermo_Costa_TR150_Paper.pdf">https://rotorcraft.arc.nasa.gov/Publications/files/Guillermo_Costa_TR150_Paper.pdf</a>.
---------------------------------------------------------------------------
Powered-lift projects exist that are either in certification,
design, proof of concept, or prototype phases of design refinement. One
project underway is a 9-passenger tilt-rotor turboshaft design. This
manufacturer is also in the conceptual design phase of a 20-
[[Page 75010]]
passenger powered-lift. Another powered-lift project underway is
seeking to become the first certificated electric Vertical Takeoff and
Landing (eVTOL) operator under part 119 to carry passengers in the
United States.
2. Costs and Costs Savings
Cost Savings--Operations Specifications
The FAA proposes to amend provisions in Sec. Sec. 119.49(a)(12),
(b)(12), (c)(11) and 91.1015(b)(9) as the FAA has determined they are
broad and unduly burdensome. Currently, these provisions require a
certificate holder's operations specifications to contain a list of
exemptions and deviations issued under 14 CFR chapter 1 that are
applicable to the aircraft, the operator, and airmen. The proposed rule
would require only exemptions and deviations that apply to the
certificate holder (rather than to the aircraft) to be retained in
operations specifications. Although the amendment to these provisions
is relieving, the costs savings are minimal because the operations
specifications are maintained electronically.
Costs--Part 121 Certificate Holder Chief Pilot Management Position
As a result of applying the rules of part 121 to certificate
holders that operate powered-lift and fulfill the terms of either
domestic, flag, or supplemental operations, this proposed rulemaking
expands the part 119 certificate holder requirements for the part 121
management position of Chief Pilot (Sec. 119.65). As amended, the
certificate holder would be required to have a Chief Pilot for each
category of aircraft used by the certificate holder to conduct
operations. Currently, the Chief Pilot is only required to have an ATP
certificate, with appropriate ratings, for at least one of the
airplanes used in the certificate holder's operations. One person may
be able to meet the requirements of the Chief Pilot. This person would
have to be dual qualified in both airplanes and powered-lift. A
certificate holder's cost may increase if more than one Chief Pilot is
hired to meet the qualification requirements.
Although the definitional changes to Sec. 110.2 would enable part
121 certificate holders to have a fleet mix of more than one category
of aircraft, the FAA is unaware of whether such certificate holders
would choose to do so. However, if a part 121 certificate holder
chooses to conduct operations with aircraft other than airplanes, the
certificate holder's cost of retaining a Chief Pilot would be minimal
because the individual filling this position could be acting in the
position of Chief Pilot while also serving as a line pilot. Should Part
121 certificate holders choose to conduct operations with a mixed
aircraft fleet, it is expected that they would do so only if the
expected benefits exceeded its costs. Subsequently, the economic impact
of the proposed amendments for the qualifications of Chief Pilot will
be minimal. The FAA seeks comment on whether the proposed change that
would require a part 121 certificate holder to have a Chief Pilot for
each category of aircraft used to conduct operations would be minimal
cost to the certificate holder.
B. Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) established the
purpose of the RFA was to ensure agencies, in issuing regulations,
``endeavor, consistent with the objectives of the rule and of
applicable statutes, to fit regulatory and informational requirements
to the scale of the businesses, organizations, and governmental
jurisdictions subject to regulation.'' \42\ The RFA further directs
agencies as follows: ``[t]o achieve this principle, agencies are
required to solicit and consider flexible regulatory proposals and to
explain the rationale for their actions to assure that such proposals
are given serious consideration.'' \43\
---------------------------------------------------------------------------
\42\ Public Law 96-354 sec. 2(b), 94 Stat. 1164 (Sept. 19,
1980).
\43\ Id.
---------------------------------------------------------------------------
The RFA covers a wide range of small entities, including small
businesses, not-for-profit organizations, and small governmental
jurisdictions. Agencies must perform a review to determine whether a
rule will have a significant economic impact on a substantial number of
small entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify, and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
The proposed rule may impact small entities but would have a
minimal economic impact as the proposed rule is enabling while imposing
minimal costs. First and foremost, the proposed rule changes
definitions contained in Sec. 110.2 and the appropriate applicability
of sections within part 119 to enable powered-lift to conduct air
carrier and other certain commercial operations, commercial air tours
and noncommon carriage operations. Absent the proposed rule, an air
carrier desiring to conduct operations using powered-lift would not be
able to comply with the requirements of 49 U.S.C. 44701(d) or 44705.
Such operations, therefore, would be prohibited in the absence of this
proposed rule.
Secondly, the proposed rule would remove the requirement for a
certificate holder to maintain a list of exemptions and deviations
related to aircraft in its fleet as required by Sec. Sec.
119.49(a)(12), (b)(12), (c)(11) and 91.1015(a)(9). The impact could
provide minimal relief for certificate holders by reducing the volume
of records certificate holders must retain in their operations
specifications.
Lastly, due to a change in the definitions contained in 14 CFR
110.2, this proposed rule would enable part 121 certificate holders to
conduct operations using powered-lift. As a result, the proposed rule
would revise part 121 certificate holder management qualifications for
the Chief Pilot. Current regulations require Chief Pilots to have an
ATP certificate for at least one of the airplanes used in a certificate
holder's operations. As proposed, the regulations would require the
certificate holder to have a Chief Pilot qualified for each category of
aircraft that the certificate holder uses.
The FAA determines that the expansion of the qualifications for the
position of Chief Pilot resulting from enabling additional aircraft
categories to conduct part 121 operations would impose a minimal
economic impact for part 121 certificate holders. Considering that this
rulemaking is enabling, a part 121 certificate holder will voluntarily
choose to operate a fleet of more than one aircraft category only if
the expected benefits of doing so exceed the costs. The FAA seeks
comment on whether the proposed change that requires a part 121
certificate holder to have a Chief Pilot for each category of aircraft
used to conduct operations would be minimal cost to the operator.
The Small Business Administration (SBA) defines small businesses
that operate a scheduled or nonscheduled airline to be 1,500 employees
or less.\44\ At the end of calendar year 2021, employment data was
available for each of the 59 carriers reporting employment
[[Page 75011]]
data to the U.S. Department of Transportation.\45\ This data reveals
that 23 of the 59 reporting carriers are large entities and 36 are
small entities. This proposed rule would also affect over 2,600
additional entities for which employment data is sparse.\46\ While some
of these entities may be large, a majority are anticipated to be small.
---------------------------------------------------------------------------
\44\ U.S. Small Business Administration Table of Small Business
Size Standards Matched to North American Industry Classification
System Codes U.S. Small Business Admin., available at <a href="https://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf">https://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf</a>.
\45\ Airline Employment Data by Month, Bureau of Transp.
Statistics, available at <a href="https://www.transtats.bts.gov/Employment/">https://www.transtats.bts.gov/Employment/</a>.
Information reported is from filings for December 2021.
\46\ FAA Internal Data as of July 2022 shows the approximate
number of certificate holders to be as follows: part 121--58; part
135--1,877; part 121 and 135--6; Sec. 91.147 Air Tour Operators--
957 (252 of Sec. 91.147 operators also hold a part 135
certificate); part 125--38; part 91K Fractional Ownerships--10.
---------------------------------------------------------------------------
If an agency determines that a rulemaking would not result in a
significant economic impact on a substantial number of small entities,
the head of the agency may so certify under section 605(b) of the RFA.
Therefore, as provided in section 605(b), the head of the FAA certifies
that this rulemaking would not result in a significant economic impact
on a substantial number of small entities. The FAA requests comments on
this determination.
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards.
The FAA has analyzed this proposed rule in conjunction with the
requirements of the Trade Agreements Act of 1979, as amended by the
Uruguay Round Agreements Act. The FAA has determined the proposed rule
would not present any obstacle to foreign commerce of the United
States. In addition, the proposed rule is not contrary to international
standards.
D. Unfunded Mandates Assessment
The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal government having first provided the funds to pay
those costs. The FAA determined that the proposed rule will not result
in the expenditure of $165 million or more by State, local, or tribal
governments, in the aggregate, or the private sector, in any one year.
This rule does not contain such a mandate. Therefore, the
requirements of Title II of the Act do not apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. According to the regulations
that implement the Act, codified at 5 CFR 1320.8(b)(2)(vi), an agency
may not collect or sponsor the collection of information, nor may it
impose an information collection requirement, unless it displays a
currently valid Office of Management and Budget (OMB) control number.
This action contains the following proposed revisions to existing
information collection requests. As required by the Paperwork Reduction
Act of 1995 (44 U.S.C. 3507(d)), the FAA has submitted these proposed
information collection request revisions to OMB for its review.
None of the information collection instruments would change for
this proposed rule; the FAA would continue to collect the necessary
information in the same manner that the FAA described in its prior
notices concerning the information collections. The Office of
Management and Budget has approved the FAA's collection of information
for purposes of such compliance.\47\ However, this NPRM proposes to
increase the potential number of respondents to whom the information
collection requirements apply.
---------------------------------------------------------------------------
\47\ Certification: Air Carriers and Commercial Operators,
Supporting Statement: Information Collection Request Reference No.
2120-0593 (April 19, 2021), available at <a href="https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202011-2120-001">https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202011-2120-001</a>.
---------------------------------------------------------------------------
Each section below identifies the information collections affected
by this NPRM. The FAA has estimated the increase in the existing burden
based on four-part 119 certificate holders beginning part 135
operations with powered-lift by the end of the third year following
publication of the final rule.\48\
---------------------------------------------------------------------------
\48\ Official FAA forecasts related to the operation of powered-
lift in the National Airspace System (NAS) have yet to be developed.
As of July 2022, approximately 10 applicants were undergoing type
certification at FAA for powered-lift projects. Two of these
projects have progressed further through the approval process and
could be issued a type certificate as early as 2024. For purposes of
estimating the increase in the existing information collection, it
is determined four part 119 certificate holders will begin part 135
operations with powered-lift by the end of the third year following
finalization of this proposed rule. Publicly available data was used
to forecast the powered-lift fleet. Forecasts for airmen and
departures were developed based on utilization of the fleet (i.e.,
hours flown).
---------------------------------------------------------------------------
While this NPRM would permit part 119 certificate holders to
conduct operations under part 121, the FAA does not believe that any
such certificate holders would do so in the first three years following
finalization of this NPRM. Therefore, the FAA has not estimated any
burden increase for existing information collection 2120-0008, Part 121
Operating Requirements: Domestic, Flag, and Supplemental Operations, at
this time. Further, the FAA does not believe that any such certificate
holders would conduct operations under part 125 in the first three
years following finalization of this NPRM. Therefore, the FAA has not
estimated any burden increase for existing information collection 2120-
0085. The FAA seeks comment regarding these assumptions.
1. Revision of Existing Information Collection 2120-0593: Federal
Aviation Regulation Part 119--Certification: Air Carriers and
Commercial Operators <SUP>49</SUP>
---------------------------------------------------------------------------
\49\ Ibid.
---------------------------------------------------------------------------
This proposed rule would extend the requirements of part 119 to
certificate holders that conduct operations with powered-lift.
Abstract: Organizations that desire to become or remain certified
as air carriers or commercial operators are mandated to report
information to the FAA. The information collected reflects requirements
necessary under parts 135, 121, and 125 to conform to 14 CFR part 119--
Certification: Air Carriers and Commercial Operators. The FAA will use
the information it collects and reviews to ensure compliance and
adherence to regulations and, if applicable, to take enforcement action
on violators of the regulations.
The FAA has estimated the increase in the existing burden based on
four certificate holders beginning powered-lift operations by the end
of the third
[[Page 75012]]
year following finalization of this NPRM.\50\ Note that not all
information collection requirements are proposed to have a burden
increase because of the proposed revision to this information
collection.
---------------------------------------------------------------------------
\50\ This burden is based on work performed by technical
specialists and/or administrative assistants. The fully-burdened
hourly wage used to estimate costs includes the base hourly wage for
each job category plus an increase to account for fringe benefits
and overhead. The base hourly wage for the technical specialist and
administrative assistant is estimated to be $20.95 and $15.95,
respectively (source: <a href="https://www.payscale.com/research/US/Job=Technical_Specialist/Salary">https://www.payscale.com/research/US/Job=Technical_Specialist/Salary</a>; <a href="https://www.payscale.com/research/US/Job=Administrative_Assistant/Hourly_Rate">https://www.payscale.com/research/US/Job=Administrative_Assistant/Hourly_Rate</a>). The base wage is
increased by a multiplier of 34.1 percent for fringe benefits
(source: <a href="https://www.bls.gov/news.release/ecec.nr0.htm">https://www.bls.gov/news.release/ecec.nr0.htm</a>) and 17.0
percent for overhead (source) Cody Rice, U.S. Environmental
Protection Agency, ``Wage Rates for Economic Analyses of the Toxics
Release Inventory Program'' June 10, 2002, <a href="https://www.regulations.gov/document?D=EPA-HQ-OPPT-2014-0650-0005">https://www.regulations.gov/document?D=EPA-HQ-OPPT-2014-0650-0005</a>). Summing
together the base hourly wage, fringe benefits, and overhead results
in a fully-loaded hourly wage of $32.21 for a technical specialist
and $24.51 for an administrative assistant.
Table 3--Three-Year Burden Estimate for Information Collection 2120-0593 Certification: Air Carriers and Commercial Operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
Time per
Time per response-- Total Total
Section Section title Number of Number of Total response-- admin. burden burden
respondents responses responses technical asst. (hours) (cost)
($32.21/hr) ($24.51/hr)
--------------------------------------------------------------------------------------------------------------------------------------------------------
119.33c............................. Proving Test Plan...... 4 1 4 2.0 1.0 12 $356
119.35.............................. Certificate Application 4 1 4 80.0 16.0 384 11,876
Reqts--all Operators.
119.36.............................. Certificate Application 4 1 4 2.0 4.0 24 650
Reqts for Commercial
Operators.
119.41c............................. Amending a Certificate. 1 1 1 0.5 0.1 0.6 19
119.69e3............................ Management Personnel 4 1 4 1.0 0.5 6 178
Required, Pt 135.
119.71f............................. Management Personnel 4 1 4 1.0 0.5 6 178
Qualifications, Pt 135.
------------------------------------------------------------------------------------------
........... ........... ........... ........... ........... 433 13,256
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Column and row totals may not sum due to rounding.
2. Revision of Existing Information Collection 2120-0607: Pilot Records
Improvement Act of 1996/Pilot Records Database <SUP>51</SUP>
---------------------------------------------------------------------------
\51\ Official FAA forecasts related to the operation of powered-
lift in the National Airspace System (NAS) have yet to be developed.
Thus, forecasts for operators of part 135 aircraft and fleet were
prepared solely for the purpose of estimating the cost of the
information collections affiliated with this proposed rule, and
developed using publicly available data related to orders and
options for powered-lift. FAA notes that none of the orders for the
multitude of powered-lift aircraft models being developed are firm
as of the time of this writing, with the exception of one model.
Using the fleet forecast and an assumption for fleet utilization
(i.e. hours flown), forecasts for airmen and departures were also
developed to estimate costs of the paperwork burden.
---------------------------------------------------------------------------
Abstract: With the exception of Form 8060-14 and -15, an operator
utilizes the various 8060 forms to report a request for the applicable
records of all applicants for the position of pilot with their company
as needed under PRIA. The information collected on these forms will be
used only to facilitate search and retrieval of the requested records,
and submission is mandatory until PRIA sunsets. Operators then ``may
use such records only to assess the qualification of the individual in
deciding whether or not to hire the individual as a pilot.'' (49 U.S.C.
44703(h)(11)). For purposes of this incremental information collection
the FAA expects pilots to access the pilot records database web-based
application to release records to operators for review and to update
employment history. In turn, the hiring operator uses the information
to help them perform a comprehensive assessment of the pilot prior to
making a hiring decision, as required by the Act.
The FAA has estimated the increase in the existing burden for this
collection based on four-part 119 certificate holders employing 129
commercial pilots holding an airmen's certificate in the powered-lift
category by the end of the third year following finalization of this
proposed rule. Note that not all information collection requirements
are proposed to have a burden increase as a result of the proposed
revision to this information collection.
---------------------------------------------------------------------------
\52\ Occupational Employment and Wages, May 2019, 11-3121 Human
Resources Managers, Bureau of Labor Statistics, Mean Hourly Wage
Rate ($62.29). <a href="https://www.bls.gov/oes/2019/may/oes113121.htm">https://www.bls.gov/oes/2019/may/oes113121.htm</a>. The
fully-burdened wage rate is $91.33 and includes employee
compensation that is related to fringe benefits and is estimated to
be 31.8 percent of the fully-burdened wage. Source: Bureau of Labor
Statistics, Employer Costs for Employee Compensation (<a href="https://www.bls.gov/news.release/pdf/ecec.pdf">https://www.bls.gov/news.release/pdf/ecec.pdf</a>; data provided in news release
vary slightly by month). The FAA used a ground instructor base
hourly wage rate ($31.56) as a proxy for the pilot non-flying base
hourly wage rate (source: Bureau of Labor Statistics (BLS)
Occupational Employment Statistics for Air Transportation Industry.
<a href="https://www.bls.gov/oes/2019/may/oes131151.htm:">https://www.bls.gov/oes/2019/may/oes131151.htm:</a> Training and
Development Specialists (13-1151). The fully-burdened wage rate is
$46.28 and includes employee compensation related to benefits that
is estimated to be 31.8 percent of the fully-burdened wage. (Source:
Bureau of Labor Statistics, Employer Costs for Employee
Compensation.)
Table 6--Three-Year Burden Estimate for Information Collection 2120-0607 \52\ Pilot Records Database
----------------------------------------------------------------------------------------------------------------
Year 1 Year 2 Year 3 Total
----------------------------------------------------------------------------------------------------------------
New Pilots...................................... 0 44 85 129
Cumulative Pilots............................... 0 44 129 ..............
----------------------------------------------------------------------------------------------------------------
[[Page 75013]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Events per
Pilot activity--by event year Hrs per event Year 1 (hrs) Year 2 (hrs) Year 3 (hrs) Total (hrs)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Database Registration--New Pilots....................... 1.0 0.33 0 14.5 28.1 42.6
Input Employment History--New Pilots.................... 1.0 0.03 0 1.3 2.6 3.9
-----------------------------------------------------------------------------------------------
Total Time (Hours).................................. .............. .............. 0.0 15.8 30.7 46.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pilot activity--by cost Cost per hr Year 1 Year 2 Year 3 Total
----------------------------------------------------------------------------------------------------------------
Database Registration--New $46.28 $0 $671 $1,301 $1,972
Pilots.........................
Input Employment History--New 46.28 0 60 120 181
Pilots.........................
-------------------------------------------------------------------------------
Total Cost.................. .............. 0 731 1,421 2,152
----------------------------------------------------------------------------------------------------------------
Events per
Operator activity--by event year Hrs per event Year 1 (hrs) Year 2 (hrs) Year 3 (hrs) Total (hrs)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Training/checking events--Cumul. Pilots................. 2.7 0.07 0 8.3 24.4 32.7
Ground training events--Cumul. Pilots................... 1.0 0.07 0 3.1 9.0 12.1
Verification of NDR * Search--New Pilots................ 0.5 0.01 0 0.2 0.4 0.6
Initial train/check--New Pilots......................... 1.0 0.07 0 3.1 6.0 9.1
-----------------------------------------------------------------------------------------------
Total Time (Hours).................................. .............. .............. 0 14.7 39.8 54.5
--------------------------------------------------------------------------------------------------------------------------------------------------------
Operator events--by cost Cost per hr Year 1 Year 2 Year 3 Total
----------------------------------------------------------------------------------------------------------------
Training/checking events--Cumul. $91.33 $0 $758 $2,228 $2,986
Pilots.........................
Ground training events--Cumul. 91.33 0 283 822 1,105
Pilots.........................
Verification of NDR * Search-- 91.33 0 18 37 55
New Pilots.....................
Initial train/check--New Pilots. 91.33 0 283 548 4,146
-------------------------------------------------------------------------------
Total Cost.................. .............. 0 1,343 3,635 8,293
----------------------------------------------------------------------------------------------------------------
Note: Row and column totals may not sum due to rounding.
3. Revision of Existing Information Collection 2120-0535: Anti-Drug
Program for Personnel Engaged in Specified Aviation Activities
<SUP>53</SUP>
---------------------------------------------------------------------------
\53\ Official FAA forecasts related to the operation of powered-
lift in the National Airspace System (NAS) have yet to be developed.
Thus, forecasts for operators of part 135 aircraft and fleet were
prepared solely for the purpose of estimating the cost of the
information collections affiliated with this proposed rule, and
developed using publicly available data related to orders and
options for powered-lift. FAA notes that none of the orders for the
multitude of powered-lift aircraft models being developed are firm
as of the time of this writing, with the exception of one model.
Using the fleet forecast and an assumption for fleet utilization
(i.e. hours flown), forecasts for airmen and departures were also
developed to estimate costs of the paperwork burden.
---------------------------------------------------------------------------
Abstract: Part 119 certificate holders with the authority to
operate under part 121 and 135, air tour operators as defined in 14 CFR
91.147, non-FAA or Military Air Traffic Control Facilities,
contractors, or repair stations under 14 CFR part 145 that conduct drug
and alcohol testing programs are mandated to report information to this
collection. The FAA uses this information for determining program
compliance or non-compliance of regulated aviation employers, oversight
planning, determining who must provide a mandatory annual Management
Information System (MIS) testing information, and communicating with
entities subject to the program regulations. In addition, the
information is used to ensure that appropriate action is taken
regarding crewmembers and other safety-sensitive employees who have
tested positive for drugs or alcohol or have refused to submit to
testing. The collection includes reporting, recordkeeping, and
disclosure information. Using the information reported on the annual
MIS allows the FAA Administrator to determine the random testing rates
for the following year, which is published in the Federal Register.
The FAA has estimated the incremental increase in the existing
burden for this collection based on four powered-lift operators
entering service by the end of the third year following finalization of
this proposed rule. Below are the reporting requirements for this
information collection. Note that not all information collection
requirements are proposed to have a burden increase because of the
proposed revision to this information collection.
Table 8--Three-Year Burden Estimate for Information Collection 2120-0535 Anti-Drug Program for Personnel Engaged
in Specified Aviation Activities
----------------------------------------------------------------------------------------------------------------
Time per Fully-burdened
PRA task item Responses response Total 3-yr hourly wage Total 3-yr
(three years) (hours) burden (hours) ($25.33) burden ($)
----------------------------------------------------------------------------------------------------------------
Promulgate Policy............... 4 16.00 64.0 $25.33 $1,621
Registration (New or Amended)... 4 1.00 4.0 25.33 101
Supervisory Drug and Alcohol 6 0.25 1.6 25.33 41
Training.......................
Employee Training Documentation. 129 0.25 32.3 25.33 817
Reasonable Cause/Suspicion 1.5 2.00 3.0 25.33 76
Documentation..................
Voluntary Disclosure............ 1.0 40.00 40.0 25.33 1,013
Emergency Maintenance........... 1 1.25 1.3 25.33 32
[[Page 75014]]
Scientifically Valid Random 83 1.00 82.8 25.33 2,097
Testing Process................
Medical Review Officer 4 0.25 1.0 25.33 25
Recordkeeping Provision........
-------------------------------------------------------------------------------
Total Incremental Change for 234 .............. 229.9 .............. 5,823
OMB 2120-0535..............
----------------------------------------------------------------------------------------------------------------
Note: Row and column totals may not sum due to rounding.
The FAA is soliciting comments to--
(1) Evaluate whether the proposed information requirement is
necessary for the proper performance of the functions of the FAA,
including whether the information will have practical utility;
(2) Evaluate the accuracy of the FAA's estimate of the burden;
(3) Enhance the quality, utility, and clarity of the information to
be collected; and
(4) Minimize the burden of collecting information on those who are
to respond, including by using appropriate automated, electronic,
mechanical, or other technological collection techniques or other forms
of information technology.
As required by the Paperwork Reduction Act of 1995 (44 U.S.C.
3507(d)), the FAA has submitted these updated estimates to OMB for its
review. Individuals and organizations may send comments on the
information collection requirement to the address listed in the
ADDRESSES section at the beginning of this preamble by February 6,
2023. Comments also should be submitted to the Office of Management and
Budget, Office of Information and Regulatory Affairs, Attention: Desk
Officer for FAA, New Executive Office Building, Room 10202, 725 17th
Street NW, Washington, DC 20053.
F. International Compatibility and Cooperation
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified no differences with these standards and recommended
practices.
G. Environmental Analysis
FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6f for regulations and involves
no extraordinary circumstances.
V. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism (Aug. 4, 1999). The
agency has determined this action would not have a substantial, direct
effect on the States, or the relationship between the Federal
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. As a result,
this proposed rule would not have federalism implications.
B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use. The agency has determined that it would not be a
``significant energy action'' under the executive order and would not
be likely to have a significant adverse effect on the supply,
distribution, or use of energy.
C. Executive Order 13609, Promoting International Regulatory
Cooperation
Executive Order 13609, Promoting International Regulatory
Cooperation promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609, and has determined that this action would have
no effect on international regulatory cooperation.
VI. Additional Information
A. Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit only one time.
The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The agency may change this proposal in
light of the comments it receives.
B. Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this NPRM contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this NPRM, it is important that you
clearly designate the submitted comments as CBI. Please mark each page
of your submission containing CBI as ``PROPIN.'' The FAA will treat
such marked submissions as confidential under the FOIA, and they will
not be placed in the public docket of this
[[Page 75015]]
NPRM. Submissions containing CBI should be sent to the person in the
FOR FURTHER INFORMATION CONTACT section of this document. Any
commentary that the FAA receives which is not specifically designated
as CBI will be placed in the public docket for this rulemaking.
C. Electronic Access and Filing
A copy of this NPRM, all comments received, any final rule, and all
background material may be viewed online at <a href="https://www.regulations.gov">https://www.regulations.gov</a>
using the docket number listed above. A copy of this proposed rule will
be placed in the docket. Electronic retrieval help and guidelines are
available on the website. It is available 24 hours each day, 365 days
each year. An electronic copy of this document may also be downloaded
from the Office of the Federal Register's website at <a href="https://www.federalregister.gov">https://www.federalregister.gov</a> and the Government Publishing Office's website
at <a href="https://www.govinfo.gov">https://www.govinfo.gov</a>. A copy may also be found at the FAA's
Regulations and Policies website at <a href="https://www.faa.gov/regulations_policies">https://www.faa.gov/regulations_policies</a>.
Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling (202) 267-9677.
Commenters must identify the docket or notice number of this
rulemaking.
All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed in
the electronic docket for this rulemaking.
List of Subjects
14 CFR Part 91
Air carrier, Air taxis, Air traffic control, Aircraft, Airmen,
Airports, Aviation safety, Charter flights, Reporting and recordkeeping
requirements, Transportation.
14 CFR Part 110
Administrative practice and procedure, Air carriers, Aircraft,
Aviation safety, Charter flights, Reporting and recordkeeping
requirements.
14 CFR Part 119
Administrative practice and procedure, Air carriers, Aircraft,
Aviation safety, Charter flights, Reporting and recordkeeping
requirements.
14 CFR Part 121
Air carriers, Aircraft, Airmen, Aviation safety, Charter flights,
Reporting and recordkeeping requirements, Safety, Transportation.
14 CFR Part 125
Aircraft, Airmen, Aviation safety, Reporting and recordkeeping
requirements.
14 CFR Part 136
Air transportation, Aircraft, Aviation safety, National parks,
Recreation and recreation areas, Reporting and recordkeeping
requirements.
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend chapter I of title 14, Code of Federal
Regulations as follows:
PART 91--GENERAL OPERATING AND FLIGHT RULES
0
1. The authority citation for part 91 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 40113,
40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715,
44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122,
47508, 47528-47531, 47534, Pub. L. 114-190, 130 Stat. 615 (49 U.S.C.
44703 note); articles 12 and 29 of the Convention on International
Aviation (61 Stat. 1180), (126 Stat. 11).
0
2. Amend Sec. 91.146 by revising the introductory text of paragraph
(b) and paragraphs (b)(2), (b)(3), (b)(5), and (b)(7) to read as
follows:
Sec. 91.146 Passenger-carrying flights for the benefit of a
charitable, nonprofit, or community event.
* * * * *
(b) Passenger-carrying flights in airplanes, powered-lift, or
rotorcraft for the benefit of a charitable, nonprofit, or community
event identified in paragraph (c) of this section are not subject to
the certification requirements of part 119 or the drug and alcohol
testing requirements in part 120 of this chapter, provided the
following conditions are satisfied and the limitations in paragraphs
(c) and (d) of this section are not exceeded:
* * * * *
(2) The flight is conducted from a public airport that is adequate
for the aircraft used, or from another location the FAA approves for
the operation;
(3) The aircraft has a maximum of 30 seats, excluding each
crewmember seat, and a maximum payload capacity of 7,500 pounds;
* * * * *
(5) Each aircraft holds a standard airworthiness certificate, is
airworthy, and is operated in compliance with the applicable
requirements of subpart E of this part;
* * * * *
(7) Reimbursement of the operator of the aircraft is limited to
that portion of the passenger payment for the flight that does not
exceed the pro rata cost of owning, operating, and maintaining the
aircraft for that flight, which may include fuel, oil, airport
expenditures, and rental fees;
* * * * *
0
3. Amend Sec. 91.147 by revising paragraph (a) to read as follows:
Sec. 91.147 Passenger-carrying flights for compensation or hire.
* * * * *
(a) For the purposes of this section and for drug and alcohol
testing, Operator means any person conducting nonstop passenger-
carrying flights in an airplane, powered-lift, or rotorcraft for
compensation or hire in accordance with Sec. 119.1(e)(2), Sec.
135.1(a)(5), or Sec. 121.1(d) of this chapter that begin and end at
the same airport and are conducted within a 25-statute mile radius of
that airport.
* * * * *
0
4. Amend Sec. 91.1015 by revising paragraph (a)(9) to read as follows:
Sec. 91.1015 Management specifications.
(a) * * *
(9) Any authorized deviation and exemption that applies to the
person conducting operations under this subpart; and
* * * * *
PART 110--GENERAL REQUIREMENTS
0
5. The authority citation for part 110 is revised to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40101, 40102, 40103, 40113,
44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906,
44912, 44914, 44936, 44938, 46103, 46105.
0
6. Amend Sec. 110.2 by revising the introductory text of the
definition of ``commercial air tour'', the definitions of ``commuter
operation'', ``domestic operation'', ``flag operation'', ``on-demand
operation'', and ``supplemental operation'' to read as follows:
Sec. 110.2 Definitions.
* * * * *
Commercial air tour means a flight conducted for compensation or
hire in an airplane, powered-lift, or rotorcraft where a purpose of the
flight is sightseeing. The FAA may consider the following factors in
determining whether a flight is a commercial air tour:
* * * * *
Commuter operation means any scheduled operation conducted by any
[[Page 75016]]
person operating one of the following types of aircraft with a
frequency of operations of at least five round trips per week on at
least one route between two or more points according to the published
flight schedules:
(1) Rotorcraft; or
(2) Airplanes or powered-lift that:
(i) Are not turbojet-powered;
(ii) Have a maximum passenger-seat configuration of 9 seats or
less, excluding each crewmember seat; and
(iii) Have a maximum payload capacity of 7,500 pounds or less.
* * * * *
Domestic operation means any scheduled operation conducted by any
person operating any aircraft described in paragraph (1) of this
definition at locations described in paragraph (2) of this definition:
(1) Airplanes or powered-lift that:
(i) Are turbojet-powered;
(ii) Have a passenger-seat configuration of more than 9 passenger
seats, excluding each crewmember seat; or
(iii) Have a payload capacity of more than 7,500 pounds.
(2) Locations:
(i) Between any points within the 48 contiguous States of the
United States or the District of Columbia; or
(ii) Operations solely within the 48 contiguous States of the
United States or the District of Columbia; or
(iii) Operations entirely within any State, territory, or
possession of the United States; or
(iv) When specifically authorized by the Administrator, operations
between any point within the 48 contiguous States of the United States
or the District of Columbia and any specifically authorized point
located outside the 48 contiguous States of the United States or the
District of Columbia.
* * * * *
Flag operation means any scheduled operation conducted by any
person operating any aircraft described in paragraph (1) of this
definition at locations described in paragraph (2) of this definition:
(1) Airplanes or powered-lift that:
(i) Are turbojet-powered;
(ii) Have a passenger-seat configuration of more than 9 passenger
seats, excluding each crewmember seat; or
(iii) Have a payload capacity of more than 7,500 pounds.
(2) Locations:
(i) Between any point within the State of Alaska or the State of
Hawaii or any territory or possession of the United States and any
point outside the State of Alaska or the State of Hawaii or any
territory or possession of the United States, respectively; or
(ii) Between any point within the 48 contiguous States of the
United States or the District of Columbia and any point outside the 48
contiguous States of the United States and the District of Columbia; or
(iii) Between any point outside the U.S. and another point outside
the U.S.
* * * * *
On-demand operation means any operation for compensation or hire
that is one of the following:
(1) Passenger-carrying operations conducted as a public charter
under part 380 of this chapter or any operations in which the departure
time, departure location, and arrival location are specifically
negotiated with the customer or the customer's representative that are
any of the following types of operations:
(i) Common carriage operations conducted with airplanes or powered-
lift, including any that are turbojet-powered, having a passenger-seat
configuration of 30 seats or fewer, excluding each crewmember seat, and
a payload capacity of 7,500 pounds or less. The operations described in
this paragraph do not include operations using a specific airplane or
powered-lift that is also used in domestic or flag operations and that
is so listed in the operations specifications as required by Sec.
119.49(a)(4) of this chapter, for those operations are considered
supplemental operations;
(ii) Noncommon or private carriage operations conducted with
airplanes or powered-lift having a passenger-seat configuration of less
than 20 seats, excluding each crewmember seat, and a payload capacity
of less than 6,000 pounds; or
(iii) Any rotorcraft operation.
(2) Scheduled passenger-carrying operations conducted with one of
the following types of aircraft, other than turbojet-powered aircraft,
with a frequency of operations of less than five round trips per week
on at least one route between two or more points according to the
published flight schedules:
(i) Airplanes or powered-lift having a maximum passenger-seat
configuration of 9 seats or less, excluding each crewmember seat, and a
maximum payload capacity of 7,500 pounds or less; or
(ii) Rotorcraft.
(3) All-cargo operations conducted with airplanes or powered-lift
having a payload capacity of 7,500 pounds or less, or with rotorcraft.
* * * * *
Supplemental operation means any common carriage operation for
compensation or hire conducted with any aircraft described in paragraph
(1) of this definition that is a type of operation described in
paragraph (2) of this definition:
(1) Airplanes or powered-lift that:
(i) Have a passenger-seat configuration of more than 30 seats,
excluding each crewmember seat.
(ii) Have a payload capacity of more than 7,500 pounds.
(iii) Are propeller-powered and:
(A) Have a passenger-seat configuration of more than 9 seats and
less than 31 seats, excluding each crewmember seat; and
(B) Are used in domestic or flag operations but are so listed in
the operations specifications as required by Sec. 119.49(a)(4) of this
chapter for such operations.
(iv) Are turbojet-powered and:
(A) Have a passenger seat configuration of 1 or more but less than
31 seats, excluding each crewmember seat; and
(B) Are used in domestic or flag operations and are so listed in
the operations specifications as required by Sec. 119.49(a)(4) of this
chapter for such operations.
(2) Types of operation:
(i) Operations for which the departure time, departure location,
and arrival location are specifically negotiated with the customer or
the customer's representative.
(ii) All-cargo operations.
(iii) Passenger-carrying public charter operations conducted under
part 380 of this chapter.
* * * * *
PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS
0
7. The authority citation for part 119 is revised to read as follows:
Authority: Pub. L. 111-216, sec. 215 (August 1, 2010); 49 U.S.C.
106(f), 106(g), 40101, 40102, 40103, 40113, 44105, 44106, 44111,
44701-44717, 44722, 44901, 44903, 44904, 44906, 44912, 44914, 44936,
44938, 46103, 46105.
0
8. Amend Sec. 119.1 by revising paragraph (a)(2), adding paragraph
(a)(3), and revising the introductory text of paragraph (e), paragraphs
(e)(2), (e)(4)(v), (e)(5), the introductory text of paragraph (e)(7),
paragraphs (e)(7)(i), (e)(7)(iii), and (e)(7)(vii), to read as follows:
Sec. 119.1 Applicability.
(a) * * *
(2) When common carriage is not involved, in operations of any
U.S.-
[[Page 75017]]
registered civil airplane or powered-lift with a seat configuration of
20 or more passengers, or a maximum payload capacity of 6,000 pounds or
more; or
(3) When noncommon carriage is involved, except as provided in
Sec. 91.501(b) of this chapter, or in private carriage for
compensation or hire, in operations of any U.S.-registered civil
airplane or powered-lift with a passenger-seat configuration of less
than 20 seats and a payload capacity of less than 6,000 pounds.
* * * * *
(e) Except for operations when common carriage is not involved
conducted with any airplane or powered-lift having a passenger-seat
configuration of 20 seats or more, excluding any required crewmember
seat, or a payload capacity of 6,000 pounds or more, this part does not
apply to--
* * * * *
(2) Nonstop Commercial Air Tours that occur in an airplane,
powered-lift, or rotorcraft having a standard airworthiness certificate
and passenger-seat configuration of 30 seats or fewer and a maximum
payload capacity of 7,500 pounds or less that begin and end at the same
airport, and are conducted within a 25-statute mile radius of that
airport, in compliance with the Letter of Authorization issued under
Sec. 91.147 of this chapter. For nonstop Commercial Air Tours
conducted in accordance with part 136, subpart B of this chapter,
National Parks Air Tour Management, the requirements of this part apply
unless excepted in Sec. 136.37(g)(2). For Nonstop Commercial Air Tours
conducted in the vicinity of the Grand Canyon National Park, Arizona,
the requirements of SFAR 50-2, part 93, subpart U, and this part, as
applicable, apply.
* * * * *
(4) * * *
(v) Powered-lift or rotorcraft operations in construction or repair
work (but this exception does apply to transportation to and from the
site of operations); and
* * * * *
(5) Sightseeing flights conducted in hot air balloons or gliders;
* * * * *
(7) Powered-lift or rotorcraft flights conducted within a 25
statute mile radius of the airport of takeoff if--
(i) Not more than two passengers are carried in the aircraft in
addition to the required flightcrew;
* * * * *
(iii) The aircraft used is certificated in the standard category
and complies with the 100-hour inspection requirements of part 91 of
this chapter;
* * * * *
(vii) Cargo is not carried in or on the aircraft;
* * * * *
0
9. Amend Sec. 119.5 by revising paragraphs (b) and (c) to read as
follows:
Sec. 119.5 Certifications, authorizations, and prohibitions.
* * * * *
(b) A person not authorized to conduct direct air carrier
operations, but authorized by the Administrator to conduct operations
as a U.S. commercial operator, will be issued an Operating Certificate.
(c) A person not authorized to conduct direct air carrier
operations, but authorized by the Administrator to conduct operations
when common carriage is not involved as an operator of any U.S.-
registered civil airplane or powered-lift with a seat configuration of
20 or more passengers, or a maximum payload capacity of 6,000 pounds or
more, will be issued an Operating Certificate.
* * * * *
0
10. Amend Sec. 119.21 by revising the introductory text of paragraph
(a) to read as follows:
Sec. 119.21 Commercial operators engaged in intrastate common
carriage and direct air carriers.
(a) Each person who conducts airplane or powered-lift operations as
a commercial operator engaged in intrastate common carriage of persons
or property for compensation or hire in air commerce, or as a direct
air carrier, shall comply with the certification and operations
specifications requirements in subpart C of this part, and shall
conduct its:
* * * * *
0
11. Amend Sec. 119.23 by revising the section heading, paragraphs (a)
introductory text, (a)(2), and the introductory text of paragraph (b)
to read as follows:
Sec. 119.23 Operators engaged in passenger-carrying operations, cargo
operations, or both with airplanes or powered-lift when common carriage
is not involved.
(a) Each person who conducts operations when common carriage is not
involved with any airplane or powered-lift having a passenger-seat
configuration of 20 seats or more, excluding each crewmember seat, or a
payload capacity of 6,000 pounds or more, must, unless deviation
authority is issued--
* * * * *
(2) Conduct its operations in accordance with the requirements of
part 125 of this chapter; and
* * * * *
(b) Each person who conducts noncommon carriage (except as provided
in Sec. 91.501(b) of this chapter) or private carriage operations for
compensation or hire with any airplane or powered-lift having a
passenger-seat configuration of less than 20 seats, excluding each
crewmember seat, and a payload capacity of less than 6,000 pounds,
must--
* * * * *
0
12. Amend Sec. 119.49 by revising paragraphs (a)(12), (b)(12), and
(c)(11) to read as follows:
Sec. 119.49 Contents of operations specifications.
(a) * * *
(12) Any authorized deviation or exemption from any requirement of
this chapter that applies to the certificate holder.
* * * * *
(b) * * *
(12) Any authorized deviation or exemption from any requirement of
this chapter that applies to the certificate holder.
* * * * *
(c) * * *
(11) Any authorized deviation or exemption from any requirement of
this chapter that applies to the certificate holder.
* * * * *
0
13. Amend Sec. 119.65 by revising paragraphs (a)(3) and (b)(2) to read
as follows:
Sec. 119.65 Management personnel required for operations conducted
under part 121 of this chapter.
(a) * * *
(3) Chief Pilot for each category of aircraft the certificate
holder uses, as listed in Sec. 61.5(b)(1) of this chapter.
* * * * *
(b) * * *
(2) The number and type of aircraft used; and
* * * * *
0
14. Revise Sec. 119.67 to read as follows:
Sec. 119.67 Management personnel: Qualifications for operations
conducted under part 121 of this chapter.
(a) Director of Operations. To serve as Director of Operations
under Sec. 119.65(a), a person must hold an airline transport pilot
certificate and--
(1) If the certificate holder uses large aircraft, at least 3 years
of supervisory or managerial experience within the last 6 years in
large aircraft, in a position
[[Page 75018]]
that exercised operational control over any operations conducted under
parts 121 or 135 of this chapter.
(2) If the certificate holder uses large aircraft, at least 3 years
of experience as pilot in command under parts 121 or 135 of this
chapter in large aircraft in at least one of the categories of aircraft
the certificate holder uses, as listed in Sec. 61.5(b)(1) of this
chapter. In the case of a person becoming Director of Operations for
the first time, he or she must have accumulated this experience as
pilot in command within the past 6 years.
(3) If the certificate holder uses only small aircraft in its
operations, the experience required in paragraphs (a)(1) and (2) of
this section may be obtained in either large or small aircraft.
(b) Chief Pilot. To serve as Chief Pilot under Sec. 119.65(a), a
person must:
(1) Hold an airline transport pilot certificate with appropriate
ratings in the category of aircraft that the certificate holder uses in
its operations under part 121 and over which the Chief Pilot exercises
responsibility; and
(2) Have at least 3 years of experience as pilot in command in the
same category of aircraft that the certificate holder uses, as listed
in Sec. 61.5(b). The experience as pilot in command described in this
paragraph (b)(2) must:
(i) Have occurred within the past 6 years, in the case of a person
becoming a Chief Pilot for the first time.
(ii) Have occurred in large aircraft operated under parts 121 or
135 of this chapter. If the certificate holder uses only small aircraft
in its operation, this experience may be obtained in either large or
small aircraft.
(iii) Be in the same category of aircraft over which the Chief
Pilot exercises responsibility.
(c) Director of Maintenance. To serve as Director of Maintenance
under Sec. 119.65(a), a person must:
(1) Hold a mechanic certificate with airframe and powerplant
ratings;
(2) Have 1 year of experience in a position responsible for
returning aircraft to service;
(3) Have at least 1 year of experience in a supervisory capacity
under either paragraph (c)(4)(i) or (ii) of this section maintaining
the same category and class of aircraft as the certificate holder uses;
and
(4) Have 3 years of experience within the past 6 years in one or a
combination of the following--
(i) Maintaining large aircraft with 10 or more passenger seats,
including, at the time of appointment as Director of Maintenance,
experience in maintaining the same category and class of aircraft as
the certificate holder uses; or
(ii) Repairing aircraft in a certificated airframe repair station
that is rated to maintain aircraft in the same category and class of
aircraft as the certificate holder uses.
(d) Chief Inspector. To serve as Chief Inspector under Sec.
119.65(a), a person must:
(1) Hold a mechanic certificate with both airframe and powerplant
ratings, and have held these ratings for at least 3 years;
(2) Have at least 3 years of maintenance experience on different
types of large aircraft with 10 or more passenger seats with an air
carrier or certificated repair station, 1 year of which must have been
as maintenance inspector; and
(3) Have at least 1 year of experience in a supervisory capacity
maintaining the same category and class of aircraft as the certificate
holder uses.
(e) Deviation. A certificate holder may request a deviation to
employ a person who does not meet the appropriate airman experience,
managerial experience, or supervisory experience requirements of this
section if the Manager of the Air Transportation Division or the
Manager of the Aircraft Maintenance Division, as appropriate, finds
that the person has comparable experience and can effectively perform
the functions associated with the position in accordance with the
requirements of this chapter and the procedures outlined in the
certificate holder's manual. Deviations under this paragraph may be
granted after consideration of the size and scope of the operation and
the qualifications of the intended personnel. The Administrator may, at
any time, terminate any grant of deviation authority issued under this
paragraph (e).
PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL
OPERATIONS
0
15. The authority citation for part 121 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40119, 41706,
42301 preceding note added by Pub. L. 112-95, sec. 412, 126 Stat.
89, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717,
44722, 44729, 44732; 46105; Pub. L. 111-216, 124 Stat. 2348 (49
U.S.C. 44701 note); Pub. L. 112-95 126 Stat 62 (49 U.S.C. 44732
note).
0
16. Amend Sec. 121.1 by revising paragraphs (c) and (g) to read as
follows:
Sec. 121.1 Applicability.
* * * * *
(c) Each person who applies for provisional approval of an Advanced
Qualification Program curriculum, curriculum segment, or portion of a
curriculum segment under subpart Y of this part, and each person
employed or used by an air carrier or commercial operator under this
part to perform training, qualification, or evaluation functions under
an Advanced Qualification Program under subpart Y of this part.
* * * * *
(g) This part also establishes requirements for operators to take
actions to support the continued airworthiness of each aircraft.
Sec. 121.470 [Amended]
0
18. Amend Sec. 121.470 in paragraphs (a) and (b) by removing the word
``airplanes'' and adding, in its place, the word ``aircraft''.
Sec. 121.480 [Amended]
0
19. Amend Sec. 121.480 in paragraph (a) by removing the word
``airplanes'' and adding, in its place, the word ``aircraft''.
Sec. 121.500 [Amended]
0
20. Amend Sec. 121.500 in paragraph (a) by removing the word
``airplanes'' and adding, in its place, the word ``aircraft''.
PART 125--[Amended]
PART 125--CERTIFICATION AND OPERATIONS: AIRCRAFT HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH
AIRCRAFT
0
21. The authority citation for part 125 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701-44702, 44705,
44710-44711, 44713, 44716-44717, 44722.
0
22. The heading for part 125 is revised as set forth above.
0
23. Amend Sec. 125.1 by revising paragraph (a), the introductory text
of paragraph (b), paragraphs (b)(4), (c), and (e) to read as follows:
Sec. 125.1 Applicability.
(a) Except as provided in paragraphs (b) through (d) of this
section, this part prescribes rules governing the operations of U.S.-
registered civil airplanes and powered-lift, when those aircraft have a
seating configuration of 20 or more passengers or a maximum payload
capacity of 6,000 pounds or more when common carriage is not involved.
(b) The rules of this part do not apply to the operations of
aircraft specified in paragraph (a) of this section, when--
* * * * *
[[Page 75019]]
(4) They are being operated under part 91 by an operator
certificated to operate those aircraft under the rules of parts 121,
135, or 137 of this chapter, they are being operated under the
applicable rules of part 121 or 135 of this cha
[…truncated; see source link]Indexed from Federal Register on December 7, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.