[Federal Register Volume 60, Number 137 (Tuesday, July 18, 1995)]
[Proposed Rules]
[Pages 36926-36930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17393]
[[Page 36925]]
_______________________________________________________________________
Part IV
Department of Transportation
_______________________________________________________________________
Federal Aviation Administration
_______________________________________________________________________
14 CFR Part 43
Airworthiness Standards: Maintenance and Preventive Maintenance;
Proposed Rule
Federal Register / Vol. 60, No. 137 / Tuesday, July 18, 1995 /
Proposed Rules
[[Page 36926]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 43
[Docket No. 28273; Notice No. 95-10]
RIN 2120-AE57
Revisions to Maintenance and Preventive Maintenance Rules
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of Proposed Rulemaking (NPRM).
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SUMMARY: This NPRM proposes to amend the maintenance rules to allow
properly trained pilots of aircraft type certificated for 9 or fewer
passenger seats and operated under 14 CFR Part 135 to perform certain
maintenance tasks on their aircraft. This NPRM also proposes to add
certain tasks to those items considered to be preventive maintenance.
The proposed changes are needed because a large number of exemption
requests has demonstrated a need for pilots conducting certain types of
operations to be able to respond more rapidly to emergency medical
missions and to reconfigure cabins to accommodate changing needs to
transport varying combinations of passenger and/or cargo in situations
when a certificated mechanic is not available to perform the required
maintenance task. The proposed rules, if adopted, would improve
emergency response and flight turnaround times for these operations,
and would relieve the public and agency burdens of filing and
processing exemptions.
DATES: Comments must be submitted on or before September 18, 1995.
ADDRESSES: Comments on this notice should be mailed, in triplicate, to:
Federal Aviation Administration, Office of the Chief Counsel,
Attention: Rules Docket (AGC-10), Docket No. 28273, 800 Independence
Avenue, S.W., Washington, D.C. 20591. Comments delivered must be marked
Docket No. 28273.
Comments may also be submitted electronically to the following
Internet address: [email protected]. Comments may be examined in
Room 915G weekdays between 8:30 a.m. and 5 p.m., except on Federal
holidays.
FOR FURTHER INFORMATION CONTACT: Edward L. Ortiz, General Aviation
Commercial Branch (AFS-340), Aircraft Maintenance Division, Federal
Aviation Administration, 800 Independence Avenue, S.W., Washington,
D.C. 20591, (202) 267-9952.
SUPPLEMENTARY INFORMATION:
Comments Invited
Interested persons are invited to participate in the making of the
proposed rule by submitting such written data, views, or arguments as
they may desire. Comments relating to the environmental, energy,
federalism, or economic impact that might result from adopting the
proposals in this notice are also invited. Substantive comments should
be accompanied by cost estimates. Comments should identify the
regulatory docket or notice number and should be submitted in
triplicate to the Rules Docket address specified above. All comments
received on or before the closing date for comments specified will be
considered by the Administrator before taking action on this proposed
rulemaking. The proposals contained in this notice may be changed in
light of comments received. All comments received will be available,
both before and after the closing date for comments, in the Rules
Docket for examination by interested persons. A report summarizing each
substantive public contract with Federal Aviation Administration (FAA)
personnel concerned with this rulemaking will be filed in the docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must include a preaddressed,
stamped postcard on which the following statement is made: ``Comments
to Docket No. 28273''. The postcard will be date stamped and mailed to
the commenter.
Availability of NPRM's
Any person may obtain a copy of this NPRM by submitting a request
to the Federal Aviation Administration, Office of Public Affairs,
Attention: Public Inquiry Center, APA-430, 800 Independence Avenue,
S.W., Washington, D.C. 20591, or by calling (202) 267-3483.
Communications must identify the notice number of this NPRM. Persons
interested in being placed on the mailing list for future NPRM's should
request from the above office a copy of Advisory Circular No. 11-2A,
Notice of Proposed Rulemaking Distribution System, which describes the
application procedure.
Background
Statement of the Problem
Many small air carriers operating under 14 CFR part 135 (part 135)
perform missions in locations where or during times when a certificated
mechanic may not be available to perform certain maintenance tasks that
need immediate attention. These air carriers provide emergency
ambulance service; transport internal organs for emergency medical
treatment; transport packages, parts, and electronic equipment whose
delivery is of a time-critical nature; and provide normal passenger-
carrying service, occasionally with freight as a secondary load.
Because the demand for these services varies and, especially in the
case of medical emergency calls, arises at all times of the day, it is
impossible for air carriers to anticipate airplane configuration
requirements.
Performing cabin conversions to aircraft operating under part 135
is considered either maintenance (if extensive) or preventive
maintenance (if minor), and must currently be performed by a
certificated mechanic as required by Sec. 43.3. Similarly, the removal
and replacement of medical oxygen bottles is considered maintenance and
must be performed by a certificated mechanic.
For many carriers, locating a mechanic each time a request for
service occurs creates lengthy delays that are costly and could be
potentially life threatening to injured or ill passengers. Similarly,
providing a maintenance crew on ``24-hour call'' is cost prohibitive
for many carriers.
In addition to imposing these burdens, the current regulations also
prohibit general aviation pilots from removing and replacing easily
removable communication and navigation devices, and from updating
easily replaceable data bases. Certain aviation communication and
navigation systems are now designed for easy removal and data base
update. Many privately-owned aircraft owners and operators prefer to
remove this self-contained equipment (a job that normally requires only
an allen wrench and no disassembly of the unit) to prevent theft. They
also would like to be able to insert flight plans or update the Air
Traffic Control (ATC) software data base. Current regulations require
that a mechanic perform this task.
History
As of March 1995, the FAA had addressed over 250 petitions for
exemption from the sections of part 43 governing these ``maintenance''
items. A majority of these petitions were from nonhelicopter, air taxi
operators who learned from local FAA inspectors that their pilots are
not authorized to reconfigure their cabins or exchange medical oxygen
bottles. The petitions for exemption highlight several common issues:
(1) Many small part 135 air carriers operate in areas where they
[[Page 36927]]
undergo a hardship due to their regions' lack of certificated
mechanics; (2) many others operate during times when certificated
mechanics are not normally on duty (these missions are usually time-
critical); and (3) many of these operators are unable to operate their
aircraft in only one configuration. Passenger-to-cargo or passenger-to-
stretcher conversion ensures the most efficient utilization of cabin
space on each flight. In most instances, seats, stretchers, base
assemblies, and other items used in the conversion are approved for
aircraft installation, and the procedures for installation and removal
are designed to be accomplished safely by a trained person.
Historically, the FAA has granted exemptions to permit pilots of
aircraft operated under part 135 to perform seat removal and
replacement tasks only if the aircraft was operated in a remote area
such as the Alaskan bush or sparsely populated areas of the
Northwestern United States. Certificated mechanics servicing these
areas are scarce. Many of the operations include such essential
services as flying food, mail, needed goods and people into and out of
areas that may not be accessible by other modes of transportation.
More recently, however, exemptions have been granted to part 135
air carriers to permit their properly trained pilots to reconfigure
cabin seats when flying missions of an emergency nature during times--
at night and on weekends--when certificated mechanics are not normally
available, and when a time delay incurred by locating a mechanic could
cause undue burden or create a life-threatening situation.
The FAA has determined that if a properly trained pilot can change
seat configurations in a remote area where a certificated mechanic is
not available (and which might be performed under adverse conditions),
he or she would be capable of and should be allowed to perform the same
conversions under better conditions such as those present at the
operator's maintenance base.
Passenger-to-cargo and passenger-to-stretcher conversions have been
performed safely by pilots who have been trained to do so and who are
employed by air carriers holding exemptions allowing their pilots to
perform the tasks. No reported incidents or accidents have been
attributed to properly trained pilots changing aircraft cabin
configurations. If an air taxi operator develops a program for
performing seat conversions and appropriately instructs and trains its
pilots according to the program, safety levels equivalent to those
achieved by certificated mechanics would be maintained.
Also, on January 10, 1994, the FAA published a Request for Comments
(59 FR 1326; docket No. 27581) to solicit from the public a list of
those regulations that are believed to be unwarranted or inappropriate.
The agency received eight comments that addressed the maintenance and
preventive maintenance regulations of part 43. The commenters noted
that current regulations do not allow a pilot of a part 135 operator to
remove and reinstall aircraft cabin seats and stretchers. The
commenters feel that the current regulations are unnecessary and are
financially and physically burdensome. They point out that the FAA has
issued a number of exemptions to relieve the burden, and that the
exemption process itself is burdensome and time consuming.
The FAA has determined that the concern shown for this issue is
significant, and that this rulemaking action is consistent with the
agency's responsibility to review the continuing need for its
regulations and to eliminate regulations that impose unnecessary
burdens.
Related Rulemaking
The Aviation Rulemaking Advisory Committee (ARAC), which is a
committee composed of aviation community and FAA personnel, has been
tasked with reviewing part 43 and Appendix A to determine what
revisions, if any, should be made. It is anticipated that any ARAC
action taken regarding this task would not be complete before a final
rule resulting from this proposed rulemaking would be issued.
The Current Rule
Part 43 requires air carriers to use certificated mechanics for
their aircrafts' maintenance and preventive maintenance needs. This
requirement reflects an FAA position that passengers of all aircraft be
given a high degree of safety protection through the proper
installation of cabin seats and appointments. As outlined in Appendix
A, paragraph (c), of this part, removal and replacement of aircraft
seats is considered preventive maintenance. Several years ago, the FAA
recognized the need for pilots operating helicopters under part 135 to
be able to perform certain preventive maintenance tasks when operating
in remote areas. Accordingly, the agency amended part 43, effective
January 6, 1987 (51 FR 40702, Nov. 7, 1986), by adding a new
Sec. 43.3(h), which authorized part 135 certificate holders to allow
their pilots, when operating rotorcraft, to perform specific preventive
maintenance tasks, under the following conditions:
(1) The items of preventive maintenance must be a result of a known
or suspected mechanical difficulty or malfunction that occurred en
route to or in a remote area.
(2) The pilot must have satisfactorily completed an approved
training program and is authorized, in writing, by the certificate
holder for each item of preventive maintenance that the pilot is
authorized to perform.
(3) There must be no certificated mechanic available to perform
preventive maintenance.
(4) The certificate holder must have procedures to evaluate the
accomplishment of a preventive maintenance item that requires a
decision concerning the airworthiness of the rotorcraft.
(5) The items of preventive maintenance authorized by this section
must be those listed in paragraph (c) of Appendix A of part 43.
General Discussion of the Proposal
This proposal addresses only those aircraft type certificated with
9 or fewer passenger seats operating in part 135 operations. Operators
of aircraft type certificated with 10 or more passenger seats operating
under part 135 would not be provided relief under this rulemaking
action because they are required to have a maintenance organization in
place to support their part 135 operations, and their aircraft tend to
be more complex in design and construction.
Because certificated mechanics are not available at all times in
all places, the current requirements of part 43 impose an economic
hardship on some operators. The operational difficulties experienced by
these operators and the attendant passenger inconvenience is evidenced
in the content and quantity of exemption petitions submitted to the
FAA. In response to these petitions, the agency proposes to add a new
Sec. 43.3(i) to allow a pilot of a small aircraft (9 or fewer passenger
seats) to remove and reinstall approved aircraft cabin seats, approved
cabin-mounted stretchers, and, when no tools are required, approved
cabin-mounted medical oxygen bottles (gaseous and liquid).
In view of the demonstrated public benefit from permitting pilots
to perform the relatively simple maintenance and preventive maintenance
tasks of removing and replacing seats, stretchers, and medical oxygen
bottles, and the demonstrated safety record of the performance of these
[[Page 36928]]
tasks, the FAA has determined that a level of safety will be maintained
that is equivalent to the level of safety provided when a certificated
mechanic performs the maintenance.
Granting the authority for pilots to perform the above maintenance
and preventive maintenance tasks under the conditions proposed would
not only reduce the burden of petitioning for exemption for part 135
operators, but it would greatly expedite flight turnaround times when a
certificated mechanic is not available, thus benefiting passengers
requiring immediate medical evacuation.
Given that the FAA has determined that safety would not be
compromised, this proposed rule would not require the absence of
certificated maintenance personnel for a trained pilot to perform
certain tasks. The FAA realizes that this action may encourage pilots
to undertake the maintenance tasks on a regular basis, thereby taking
time away from pilot-related tasks that are required before flight. The
FAA also realizes that by allowing pilots to perform certain tasks even
when certificated maintenance personnel are present may take work from
the maintenance personnel. This document solicits public comment on
these two issues.
In addition, the FAA recognizes the technological advances in
communication and navigation systems and the ease with which these
devices may be removed, replaced, and updated. The agency has
determined that safety would not be compromised if pilots were allowed
to perform certain tasks. Therefore, this proposal would amend Appendix
A, paragraph (c), to add to the list of work items considered to be
preventive maintenance the removal and replacement of instrument panel-
mounted, self-contained navigation and communication devices, which the
manufacture has designed for frequent removal and replacement. This
authorization would not extend to automatic flight control systems,
transponders, and microwave frequency distance measuring equipment
(DME). Similarly, this proposal would also add to the list the updating
of Air Traffic Control (ATC) navigational software data bases, provided
no disassembly of the unit is required and pertinent instructions are
provided by the equipment manufacturer.
This proposed rulemaking would also amend Appendix A, paragraph
(c)(30)(i) to correct and editorial error. During its review of the
regulations, a Flight Standards District Office found that the
reference to Sec. 147.21(f) should read Sec. 147.21(e).
In addition, the FAA has received a petition for rulemaking from
Mr. John W. Caulkins requesting that a reference in Sec. 43.7(d) that
currently reads ``Sec. 43.3(h)'' be corrected to read ``Sec. 43.3(i).''
A summary of the petition was published in the Federal Register on June
21, 1993 (58 FR 33783), and one comment, which was favorable, was
received. The FAA has determined the petition has merit, and proposes
to correct the reference in this rulemaking action, taking into
account, however, the proposed redesignation of current paragraph (i)
to new paragraph (j).
Also, current Sec. 43.11(b) makes reference to Sec. 91.30(d)(2). In
August 1989, 14 CFR part 91 (part 91) was recodified to make the
general operating and flight rules more understandable and easier to
use. All references in the Federal Aviation Regulations were to be
changed at that time to correspond with the new part 91. During this
recodification, Sec. 91.30(d)(2) was renumbered Sec. 91.213(d)(2). The
text of the section was unchanged. The old reference to
Sec. 91.30(d)(2) in Sec. 43.11 was inadvertently overlooked. This
rulemaking action will correct this error.
Paperwork Reduction Act
Information collection requirements in the proposed amendment to
Sec. 43.3 have been previously approved by the Office of Management and
Budget (OMB) under the provisions of the Paperwork Reduction Act of
1980 (Pub. L. 96-511) and have been assigned OMB Control Number 2120-
0021. For further information contact: the Information Requirements
Division, M-34, Office of the Secretary of Transportation, 400 Seventh
Street, S.W., Washington, DC 20590, (202) 366-4735.
Regulatory Evaluation Summary
Executive Order 12866 established the requirement that, within the
extent permitted by law, a Federal regulatory action may be undertaken
only if the potential benefits to society for the regulation outweigh
the potential costs to society. In response to this requirement, and in
accordance with Department of Transportation policies and procedures,
the FAA has estimated the anticipated benefits and costs of this
rulemaking action. The FAA has determined that this rule change is not
a significant rulemaking action as defined by Executive Order 12866
(Regulatory Planning and Review). The results are summarized in this
section. For more detailed economic information, see the full
regulatory evaluation contained in the docket.
The proposed revisions are cost relieving because they would
eliminate the need for operators to carry mechanics on trips to remote
areas or make special trips to maintenance facilities for the purpose
of altering seat configurations or exchanging medical oxygen bottles.
Currently, even if a mechanic is not needed at a remote site, operators
may have to hire the services of a local mechanic to reconfigure a
cabin, which can be especially expensive for emergency medical
evacuation operations conducted at night during off-duty hours. For the
purposes of this regulatory evaluation, the FAA assumes that typical
air taxi operators that fly into remote areas where mechanics would be
scarce could make 36 trips per year that would require cabin
reconfiguration. The FAA further assumes that a pilot flying into a
remote area would have to fly the airplane for an additional hour
(roundtrip) to a larger airport where a mechanic would be available to
perform the required maintenance.
The FAA estimates that a mechanic would have to be paid for \1/2\
hour of working time at a loaded wage rate (including benefits) of
$18.16 per hour. The FAA also estimates that, in the event a cabin
reconfiguration had to be performed in a remote area, the airplane
would burn an additional 30 gallons of fuel during the one hour of
flying time needed to reach an available mechanic, which would add $60
to operating costs. The additional cost per trip would therefore amount
to $69. On an annual basis, these cost-savings would amount to $2484
($69 x 36) based on the assumption of 36 trips per year. The FAA
further estimates that at least 30 operators per year would have a
recurring need to reconfigure cabins in remote areas based on the
number of requests for exemption from the requirements of Sec. 43.3
submitted to the FAA each year. This number is a very conservative
estimate; many air taxi operators are unaware of this option and forego
the additional revenue that could be earned through reconfiguring their
cabins. The FAA estimates that industry-wide cost savings from the
proposed rule amendment would amount to $74,520 per year ($2484 x
30). Over a 10-year period, the discounted value of these cost savings
would amount to $523,382.
Since January 1987, part 135 rotorcraft operators have been
permitted to allow their pilots to perform certain preventive
maintenance tasks, under very limited specified conditions, one of
which is that the item of preventive maintenance must be the result of
a malfunction that occurred en route to or in a remote area. In
addition, numerous of the exemptions that permitted pilots
[[Page 36929]]
of aircraft operating under part 135 to reconfigure cabins were granted
to operators of rotorcraft. Each of the above authorizations contained
a requirement that the pilot be properly trained for the preventive
maintenance task that would be undertaken. Rotorcraft pilots operating
under part 91 rules are authorized to perform preventive maintenance
tasks under Sec. 43.3(g).
The National Transportation Safety Board (NTSB) accident report
reveals no instance of rotorcraft accidents where the removal and
replacement of cabin seats by a rotorcraft pilot was suspected as a
possible cause. In fact, a search of the FAA and NTSB accident and
incident data recorded for part 91 and part 135 operations over the
1972-present period did not reveal a single instance in which the
performance by a pilot of any of the tasks that would be authorized
under this proposal was suspected as having had a casual role in an
accident. The FAA has therefore determined that this proposed rule
would be cost relieving and would not reduce the current level of
safety.
The FAA solicits information from the public to refine this
estimate of cost savings. Information of use to the agency would
pertain to the frequency of the practices covered by this proposal
(e.g., cabin reconfiguration) as well as the additional expenses
involved (e.g., cost of transporting and compensating mechanics).
International Trade Impact Analysis
The proposed rulemaking action would affect only those operators
engaged in part 135 operations of a localized or regional nature. No
impact is expected on international trade because these domestic
operators seldom compete with foreign firms in the markets they serve.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) was enacted by
Congress to ensure that small entities are not unnecessarily and
disproportionately burdened by government regulations. The RFA requires
agencies to review rules that may have ``a significant economic impact
on a substantial number of small entities.'' The proposed rule
amendment is of a cost relieving nature and would therefore afford cost
savings to individual part 135 operators.
Under FAA Order 2100.14A, the criterion for a ``substantial
number'' is a number that is not less than 11 and that is more than one
third of the small entities subject to the rule. This proposal would
affect all part 135 operators who operate aircraft type certificated
for 9 or fewer passenger seats. For operators of aircraft for hire, a
small operator is one that owns, but not necessarily operates, nine or
fewer aircraft.
The FAA's criterion for a ``significant impact'' is $4,330 or more
per year for an unscheduled operator. The extent of the cost savings
per operator was estimated at $2484 per operator in the section on
economic impacts. The FAA concludes, therefore, that this proposed rule
would not have a significant economic impact, positive or negative, on
a substantial number of small entities.
Federalism Implications
The regulations proposed herein will not have substantial direct
effects on the States, on the relationship between the national
government and the States, or on the distribution of power and
responsibilities among the various levels of government. Therefore, in
accordance with Executive Order 12612, it is determined that this
proposal would not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Conclusion
For the reasons discussed in the preamble, and based on the
findings in the Regulatory Flexibility Determination and the
International Trade Impact Analysis, the FAA has determined that this
proposed regulation is not a significant regulatory action under
Executive Order 12866. In addition, the FAA certifies that this
proposal, if adopted, 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 is
considered nonsignificant under Order DOT 2100.5, Policies and
Procedures for Simplification, Analysis, and Review of Regulations. A
draft regulatory evaluation of the proposal, including an initial
Regulatory Flexibility Determination and International Trade Impact
Analysis, has been placed in the docket. A copy may be obtained by
contacting the person identified under FOR FURTHER INFORMATION CONTACT.
List of Subjects in 14 CFR Part 43
Aircraft, Aviation safety, Reporting and recordkeeping
requirements.
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend 14 CFR part 43 of the Federal Aviation
Regulations as follows:
PART 43--MAINTENANCE, PREVENTIVE MAINTENANCE, REBUILDING, AND
ALTERATION
1. The authority citation for part 43 continues to read as follows:
Authority: 49 U.S.C. App. 1354, 1421 through 1430; 49 U.S.C.
106(g).
2. In Sec. 43.3, paragraph (i) is redesignated as paragraph (j),
and a new paragraph (i) is added to read as follows:
Sec. 43.3 Persons authorized to perform maintenance, preventive
maintenance, rebuilding, and alterations.
* * * * *
(i) Notwithstanding the provisions of paragraph (g) of this
section, in accordance with an approval issued to the holder of a
certificate issued under part 135 of this chapter, a pilot of an
aircraft type-certificated for 9 or fewer passenger seats, excluding
any pilot seat, may perform the removal and reinstallation of approved
aircraft cabin seats, approved cabin-mounted stretchers, and when no
tools are required, approved cabin-mounted medical oxygen bottles,
provided--
(1) The pilot has satisfactorily completed an approved training
program and is authorized in writing by the certificate holder to
perform each task; and
(2) The certificate holder has procedures to evaluate the
accomplishment of the task.
* * * * *
Appendix A to Part 43--[Amended]
3. In Appendix A to part 43, paragraph (c)(30)(i), the reference
``Sec. 147.21(f)'' is corrected to read ``Sec. 147.21(e) of this
chapter''.
4. In Appendix A to part 43, paragraphs (c)(31) and (c)(32) are
added to read as follows:
Appendix A to Part 43--Major Alterations, Major Repairs, and Preventive
Maintenance
* * * * *
(c) * * *
(31) Removing and replacing self-contained, instrument panel-
mounted navigation and communication devices (excluding automatic
flight control systems, transponders, and microwave frequency distance
measuring equipment (DME)) if the approved unit is designed to be
readily and repeatedly removed and replaced, and pertinent instructions
are provided.
(32) Updating self-contained, instrument panel-mounted Air Traffic
Control (ATC) navigational software data bases (excluding those of
automatic flight control systems, transponders, and microwave frequency
distance
[[Page 36930]]
measuring equipment (DME)) provided no disassembly of the unit is
required and pertinent instructions are provided.
Sec. 43.7 [Amended]
5. In section 43.7(d), the reference ``Sec. 43.3(h)'' is corrected
to read ``Sec. 43.3(j)''.
Sec. 43.11 [Amended]
6. In section 43.11(b), the reference ``Sec. 91.30(d)(2)'' is
corrected to read ``Sec. 91.213(d)(2) of this chapter''.
Issued in Washington, DC, on June 30, 1995.
William J. White,
Acting Director, Flight Standards Service.
[FR Doc. 95-17393 Filed 7-17-95; 8:45 am]
BILLING CODE 4910-13-M