[Federal Register Volume 59, Number 124 (Wednesday, June 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-15145]


[[Page Unknown]]

[Federal Register: June 29, 1994]


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Part III





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 29




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

Federal Aviation Administration

14 CFR Part 29

[Docket No. 24802; Notice No. 90-1A]
RIN 2120-AB36

 
Airworthiness Standards; Transport Category Rotorcraft 
Performance

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Supplemental notice of proposed rulemaking (SNPRM).

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SUMMARY: This document modifies previously proposed new and revised 
airworthiness standards for the performance requirements of transport 
category rotorcraft. Comments submitted in response to the NPRM and a 
proposal by the European Joint Airworthiness Authorities suggest that 
rotorcraft should not descend below a specified minimum height during 
continued takeoff or balked landing procedures following an engine 
failure. This SNPRM modifies the previous notice to include a minimum 
descent height of 15 feet and seeks comments on the amended proposal.

DATES: Comments must be received on or before August 29, 1994.

ADDRESSES: Comments on this notice should be mailed in triplicate to 
Federal Aviation Administration, Office of the Chief Counsel, Attn: 
Rules Docket (AGC-10), Docket No. 24802, 800 Independence Avenue, SW., 
Washington, DC 20591, or delivered in triplicate to: Room 915G, 800 
Independence Avenue, SW., Washington, DC 20591. Comments may be 
examined in Room 915G weekdays between 9:00 a.m. and 5:00 p.m. except 
Federal holidays.

FOR FURTHER INFORMATION CONTACT:
Mr. Thomas Archer, FAA, Policy and Procedures Group (ASW-112), 
Rotorcraft Directorate, Aircraft Certification Service, Fort Worth, 
Texas 76193-0111, telephone number (817) 222-5112.

SUPPLEMENTARY INFORMATION:

Comments Invited

    This supplemental notice modifies Notice No. 90-1. Comments on the 
effect of this change on the proposed rules are invited. Comments 
should be limited to the changes proposed in this document. This notice 
does not serve to reopen the comment period on the remainder of the 
original proposal. Interested persons are invited to comment on any 
portion of this supplemental notice by submitting written data, views, 
or arguments as they may desire. Comments relating to the 
environmental, energy, or economic impact that might result from 
adopting the proposals as modified in this document are also invited. 
Communications should identify the regulatory docket number and be 
submitted in triplicate to the address specified above. All 
communications received on or before the closing date for comments 
specified above will be considered before taking further rulemaking 
action. Commenters wishing the FAA to acknowledge receipt of their 
comments submitted in response to this supplemental notice must submit 
with those comments a self-addressed stamped postcard on which the 
following statement is made: ``Comments to Docket No. 24802.'' The 
postcard will be date stamped and mailed to the commenter.

Availability of SNPRM

    Any person may obtain a copy of this SNPRM by submitting a request 
to the FAA, Office of Public Affairs, Attention: Public Inquiry Center, 
APA-430, 800 Independence Ave., SW., Washington, DC 20591, or by 
calling (202) 267-3484. Communications must identify SNPRM No. 90-1A. 
Persons interested in being placed on the mailing list for future 
notices should request a copy of Advisory Circular (AC) No. 11-2A, 
Notice of Proposed Rulemaking Distribution System, which describes the 
application procedure.

Background

    On January 2, 1990, the FAA issued Notice No. 90-1 (55 FR 698, 
January 8, 1990), which proposed new and revised airworthiness 
standards for the performance requirements of transport category 
rotorcraft.
    As proposed, the revised standards would have removed the current 
35-foot minimum descent height requirement from Federal Aviation 
Regulations (FAR) Sec. 29.59 Takeoff path: Category A and Sec. 29.77 
Balked landing: Category A. Under that proposal, rotorcraft could 
descend after engine failure during a continued takeoff or balked 
landing, as long as it did ``not touch down.''
    Several commenters object to the proposal and recommend a 
designated minimum ground clearance be established. The commenters 
neither recommended a specific minimum ground clearance height nor 
provided justification for a specified height greater than the minimum 
ground clearance proposed. Also, after Notice 90-1 was issued, an 
international team of specialists, including United States 
participants, agreed on a minimum descent height of 15 feet while 
developing a new European Joint Airworthiness Requirement (JAR) Number 
29. This international team of specialists was formed by the European 
Joint Airworthiness Authorities as a Performance Subgroup to the 
Helicopter Airworthiness Study Group (HASG) which developed JAR 29. The 
HASG invited the FAA and members of the Aerospace Industries 
Association (AIA) to participate in the Performance Subgroup 
deliberations. The Subgroup agreed with deletion of the arbitrary 
minimum descent height of 35 feet as proposed by Notice 90-1 but now 
believes that practical flight test capabilities necessitate the 
establishment of a finite height above the landing surface as a minimum 
descent height. For example, if the minimum height were zero, practical 
flight test limitations would necessitate extensive use of analyses, or 
extensive damage to flight test aircraft might occur during flight 
testing. A minimum descent height of 15 feet was developed by a team of 
flight test specialists as a standard that could be met by a practical 
combination of tests and analyses. This standard was published in the 
European Notice of Proposed Amendment (NPA) No. 29-2, which otherwise 
proposed standards compatible with Notice 90-1. A copy of NPA 29-2 is 
contained in Rules Docket No. 24802. After review of the comments to 
NPRM No. 90-1 and the justification for NPA 29-2, the FAA agrees that a 
minimum descent height of 15 feet should be required for rotorcraft 
with takeoff or landing decision points (TDP, LDP) in excess of 15 
feet. Accordingly, a new Sec. 29.59(g) is proposed and proposed 
Sec. 29.85(c) is revised by this supplemental notice to require that 
the rotorcraft not descend below 15 feet during certain continued 
takeoff or balked landing maneuvers.

Supplemental Regulatory Evaluation Summary

    The FAA has considered the economic impact of this proposed change 
to Notice 90-1. Executive Order 12866 dated September 30, 1993, directs 
Federal agencies to promulgate new regulations or modify existing 
regulations only if the potential benefits to society from the 
regulatory changes outweigh the potential costs that would be imposed 
on society. The FAA performed a benefit/cost analysis for Notice 90-1 
and found that proposed changes to the existing rule would have 
negligible or no cost impact. In the case of this supplemental notice, 
the FAA has determined that an additional benefit/cost analysis is 
unwarranted because the performance standards proposed herein would 
also have negligible cost impact on previously proposed standards.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 was enacted to ensure that 
small entities are not unnecessarily or disproportionately burdened by 
Government regulations. The Act requires that a Regulatory Flexibility 
Analysis be conducted if a rule will have a significant economic 
impact, either positive or negative, on a substantial number of small 
business entities. The proposed modification of Notice 90-1 will not 
have a significant economic impact on a substantial number of small 
entities. Consequently, the FAA has determined that, under the criteria 
of the Regulatory Flexibility Act of 1980, a regulatory flexibility 
analysis of this supplemental notice of proposed rulemaking is not 
required.

International Trade Impact Analysis

    The rule will have little or no impact on trade for either U.S. 
firms doing business in foreign markets or foreign firms doing business 
in the United States. Foreign firms must meet U.S. requirements when 
conducting business in the U.S. and thus will gain no competitive 
advantage. In foreign countries, U.S. manufacturers are not bound by 
part 29 requirements and could choose whether or not to implement the 
provisions of this rule on the basis of competitive considerations. 
Both Notice No. 90-1 and this SNPRM propose a lesser certification 
burden than is currently contained in the FAR. Notice No. 90-1 proposed 
a lesser certification burden for compliance with the FAR than for the 
JAR for applicants for type certificates. However, the proposed 
requirements of this SNPRM will provide the benefits of harmonization 
of the FAR with the proposed European JAR 29 standards and thus reduce 
costs resulting from the need to certificate rotorcraft to differing 
standards; i.e., prevent future additional costs required in dual 
certification.

Federalism Implications

    The revised regulations proposed herein would not have substantial 
direct effects on the states, on the relationship between the national 
government and the states, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this 
proposal would not have sufficient federalism implications to warrant 
the preparation of a Federalism Assessment.

Conclusion

    This SNPRM specifies a minimum descent height standard that is 
lower than the existing standard and higher than that proposed by 
Notice 90-1. For the reasons discussed in the preamble to the previous 
notice and this supplemental notice, and based on the findings in the 
regulatory evaluation and the International Trade Impact Analysis, the 
FAA has determined that this proposed regulation is not ``significant 
regulatory action'' under Executive Order 12866. In addition, it is 
certified that Notice No. 90-1, as revised by this supplemental notice, 
will not have a significant economic impact, positive or negative, on a 
substantial number of small entities under the criteria of the 
Regulatory Flexibility Act. This proposal, including this supplemental 
notice, is considered to be nonsignificant under DOT Regulatory 
Policies and Procedures (44 FR 11034, February 26, 1979). A draft 
regulatory evaluation of the proposal has been placed in the regulatory 
docket. A copy may be obtained by contacting the person identified 
under the caption FOR FURTHER INFORMATION CONTACT.

List of Subjects in 14 CFR Part 29

    Air transportation, Aircraft, Aviation safety, Rotorcraft, Safety.

The Proposed Amendments

    In consideration of the foregoing, the Federal Aviation 
Administration amends Notice No. 90-1 (55 FR 698, January 8, 1990) as 
follows:

PART 29--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY ROTORCRAFT

    1. The authority citation for part 29 continues to read as follows:

    Authority: 49 U.S.C. 1344, 1354(a), 1355, 1421, 1423, 1424, 
1425, 1428, 1429, and 1430; 49 U.S.C. 106(g).

    2. Proposed Sec. 29.59 is amended by adding a new paragraph (g) to 
read as follows:


Sec. 29.59   Takeoff path: Category A.

* * * * *
    (g) During the continued takeoff the rotorcraft shall not descend 
below 15 feet above the takeoff surface when the TDP is above 15 feet.
    3. Proposed Sec. 29.85 is amended by revising the first sentence of 
paragraph (c) to read as follows:


Sec. 29.85  Balked landing: Category A.

* * * * *
    (c) The rotorcraft does not descend below 15 feet above the landing 
surface. * * *

    Issued in Washington, DC, on June 15, 1994.
Elizabeth Yoest,
Acting Director, Aircraft Certification Service.
[FR Doc. 94-15145 Filed 6-28-94; 8:45 am]
BILLING CODE 4910-13-M