[Federal Register Volume 61, Number 38 (Monday, February 26, 1996)]
[Rules and Regulations]
[Pages 7186-7191]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4263]




[[Page 7185]]

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Part V





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



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14 CFR Part 1 et al.



Extending Overwater Operations With a Single Long-Range Communication 
System and a Single Long-Range Navigation System; Final Rule

  Federal Register / Vol. 61, No. 61 / Monday, February 26, 1996 / 
Rules and Regulations  
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[[Page 7186]]


DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 91, 121, 125, and 135

RIN 2120-AF12
[Docket No. 27474; Amendment No. 1-44, 91-249, 121-254, 125-25 and 135-
61]


Extended Overwater Operations With a Single Long-Range 
Communication System (LRCS) and a Single Long-Range Navigation System 
(LRNS)

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revises the Federal Aviation Regulations for 
certain overwater operations for air carriers, commercial operators, 
and general aviation operators of large and of turbine-powered 
multiengine airplanes. It defines and clarifies requirements for using 
long-range navigation systems (LRNS) and long-range communication 
systems (LRCS) and sets forth criteria for navigation and communication 
equipment for certain overwater operations. Under this rule, air 
carriers and commercial operators are authorized to use a single LRCS 
and a single LRNS for extended overwater routes detailed in their 
operations specifications. Affected general aviation operators, who 
already are authorized to use a single LRCS when they have two very 
high frequency (VHF) communication systems, are authorized to use a 
single LRNS in overwater operations in the Gulf of Mexico, the 
Caribbean Sea, and part of the western Atlantic Ocean. This rule gives 
the FAA greater flexibility in responding to advances in aviation 
technology and changes in the operational environment and allows 
operators to conduct extended overwater operations without carrying 
unnecessary communication and navigation equipment.

EFFECTIVE DATE: February 26, 1996.

FOR FURTHER INFORMATION CONTACT:
Daniel V. Meier, Jr., Project Development Branch, AFS-240, Air 
Transportation Division, Office of Flight Standards, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591, 
telephone (202) 267-3749.

SUPPLEMENTARY INFORMATION: 

Background

    Air traffic in the Gulf of Mexico, the Caribbean Sea, and part of 
the western Atlantic Ocean (subsequently referred to in this document 
as the geographic area) has increased substantially during the last 20 
years. With this increase has come corresponding technological advances 
inherent with more modern aircraft and improved navigation and 
communications systems.
    Advances in aircraft technology have increased the overall speed 
and functional reliability of modern airplanes. These high-speed 
airplanes can cover routes in the geographic area much more quickly 
than their predecessors. Because of their higher speeds, they also can 
cover greater distances during the time between hourly fixes. Thus, the 
number of routes in the geographic area where time between reliable 
fixes was 1 hour or more has been reduced for these airplanes. 
Similarly, the airplane's exposure to the loss of its LRNS before the 
next reliable fix can be obtained is reduced. Since such aircraft also 
routinely operate at higher altitudes en route, they can conduct very 
high frequency (VHF) communications at greater ranges from their 
corresponding ground facilities than their predecessors.
    Advances in avionics have resulted in increasingly accurate and 
dependable navigation systems, using inputs from Loran C, Omega/very 
low frequency (VLF), inertial navigation, or reference systems (INS), 
and, most recently, the global positioning satellite navigation system 
(GPS). Each navigation system typically gives instantaneous readouts of 
position, ground speed, wind, and waypoint progress. Radio 
communication systems have enjoyed similar advances. Bulky vacuum tube 
units have given way to miniaturized units with transistors, precise 
frequency selection, and high reliability, which produce the same or 
greater transmitting power than older models. In addition, the 
proliferation of VHF communication facilities within the geographic 
area ensures that many routes now can be flown with a VHF 
communications gap of no more than 30 minutes.
    The increased reliability of modern LRNS reduces navigation errors. 
Sophisticated flight management systems (FMS) integrate control and 
navigation systems of an airplane and combine several navigation inputs 
to provide greater position reliability. The multiple navigation inputs 
into an FMS increase the accuracy of the system, and its reliability 
when compared to earlier navigation systems which only received a 
single source input. If the LRNS fails on an airplane using such 
sophisticated equipment, navigation errors inherent in dead-reckoning 
procedures from the moment of the failure until the next reporting 
point or fix should be well within the navigational performance 
capability required for the route to be flown.
    Just as navigation systems have experienced several enhancements, 
ongoing developments in data link and satellite technology also have 
resulted in enhanced communications. The airborne equipment that 
aircraft use has improved due to advances in avionics reliability and 
miniaturization. These smaller units mean less weight on board the 
airplane.
    The FAA believes that the probability that an airplane would 
experience a failure of both its single long-range communications 
system (LRCS) and its single LRNS when suitable navigation aids cannot 
be received is minimal. Advanced technology notwithstanding, however, a 
single LRCS could fail during a flight segment in which the airplane is 
operated beyond the range of VHF radio communication equipment. Even if 
such a failure did occur, the increased density of other air traffic in 
the vicinity could provide the affected airplane with some backup VHF 
communications with ATC. Moreover, regardless of the number of other 
aircraft in the area, if the flightcrew adheres to proper operational 
procedures, failure of the LRNS should not lead to an increased 
potential for conflict between aircraft before the airplane could come 
into range of suitable navigation aids (e.g. non-directional beacon, 
very high frequency omnirange (VOR), etc.).
    Because of the increased speeds and higher altitudes at which 
airplanes now operate, improved equipment, improved reliability, and 
greater accuracy of LRNS systems, the FAA has concluded that, where 
exposure time for a critical equipment failure is 1 hour or less, the 
following is true:
     The probability of a failure is less than the probability 
of a failure with less modern equipment;
     With the accuracy of the present equipment, operators have 
better knowledge of their position if a failure does occur.
    All of the factors discussed above have brought about the need to 
update the regulations to conform current technology to the types of 
operations that are currently being authorized. Namely, the FAA has 
found that operations in the geographic area can be conducted without 
the burden of additional navigation and communication systems carried 
in the aircraft. Therefore, on a case-by-case basis, and with certain 
conditions and limitations, the FAA has allowed a number of operators 
to conduct operations in the geographic area with a single LRCS and a 
single LRNS. To 

[[Page 7187]]
date, such operations have had no adverse effect on safety.

General Discussion of Current Requirements for Extended Overwater 
Operations

General Aviation Operations

    With one exception, set forth in Sec. 91.511(d), 14 Code of Federal 
Regulations part 91, subpart F, the FAA currently requires large and 
turbine-powered multiengine airplanes engaged in overwater operations 
to be equipped with two independent communication and two independent 
navigation systems. Communication equipment must be appropriate to the 
facilities to be4 used and able to transmit to and receive from at 
least one surface facility at any place on the route. Navigation 
equipment must be able to provide the pilot with the information 
necessary to navigate the airplane within the airspace assigned by ATC. 
Under the exception in Sec. 91.511(d), if a route requires the use of 
both VHF and LRCS communication equipment, and the airplane has two VHF 
transmitters and two VHF receivers, then only one LRCS transmitter and 
one LRCS receiver is required for communications.

Air Carrier and Commercial Operations

    Parts 121, 125, and 135 also require airplanes engaged in extended 
overwater operations to be equipped with two independent communication 
and two independent navigation systems. Like part 91, parts 125 and 135 
require that the communication equipment be appropriate to the 
facilities to be used and capable of transmitting to and receiving from 
at least one ground facility at any place on the route. Although the 
regulatory language differs somewhat, part 121 contains essentially the 
same requirements for communication equipment. Specifically, part 121 
requires two independent communication systems able to communicate, 
under normal operating conditions, with (1) at least one appropriate 
ground station from any point on the route and with (2) appropriate 
traffic control facilities from any point in the airspace within which 
the flights are intended. These communication systems also must be able 
to receive meteorological information from any point en route. Unlike 
part 91, however, parts 121, 125, and 135 do not allow the use of a 
single LRCS where the airplane is also equipped with two VHF radios or 
systems. Thus, if a route requires use of both VHF and LRCS, airplanes 
operating under parts 121, 125, and 135 must have two VHF radios and 
two LRCS.
    Section 121.349(b) allows for the use of a single automatic 
direction finder (ADF) when two VOR navigation units are installed and 
VOR navigation aids are so located and the airplane is so fueled that, 
in the case of a failure of the ADF, the flight may proceed safely to a 
suitable airport by means of VOR aids. In all other cases, when use of 
ADF, VOR navigation equipment, or both, is needed for primary 
navigation, the current rules for parts 121, 125, and 135 require the 
airplane to be equipped with two ADF and two VOR navigation units, as 
appropriate.

General Discussion of the Rule

    The FAA is expanding, under certain conditions, the authority for 
air carriers and commercial operators to amend their operations 
specifications to use a single LRCS and a single LRNS. The FAA has 
determined that, for the time being, the authority will be limited to 
the geographic area. This limitation is based primarily on the ready 
availability of navigation and communication facilities within the 
geographic area, which provide a crucial buffer in the event of a 
communication or navigation failure. In appropriate circumstances, the 
FAA may expand the areas in which operations with a single LRCS and a 
single LRNS will be permitted for part 121, 125, and 135 operators.
    Aside from the current authority set forth in Secs. 91.511(d) and 
121.349(b), this rule does not change the general requirements under 
parts 91, 121, 125, and 135 for two VHF communication systems and two 
each of any appropriate navigation systems required for the route to be 
flown except in the geographic area. The FAA has concluded that, by 
maintaining these requirements, air transportation safety is not 
compromised.
    The FAA is amending part 91 and creating operation specification 
authority for operators under parts 121, 125, and 135 based on the 
factors mentioned above and on the operator's ability to maintain two-
way communications with ATC and, where appropriate, the certificate 
holder's dispatch office. Without such factors, ATC's ability to 
control airplanes in the geographic area would be adversely impacted, 
increasing the potential for air traffic conflicts. The flightcrew must 
be able to notify ATC of an LRNS failure and must be able to tell ATC 
whether the flightcrew can reliably fix the airplane's position using 
other means.

Part 91

    As a result of changes in technology, the operational environment 
described, and experience gained with exemptions allowing a single 
LRNS, the FAA has concluded that part 91 operators of large and of 
turbojet multiengine airplanes should be able to operate safely with a 
single LRCS and a single LRNS in the geographic area. In conducting 
operations in the geographic area, these general aviation operators 
should consider how long they may be without two-way VHF 
communications. For flight planning purposes, the FAA recommends that 
this gap should not exceed 30 minutes. The operator also should 
consider whether the position of the airplane can be reliably fixed at 
least once each hour if the LRNS fails.

Parts 121, 125, and 135

    The FAA believes that the only appropriate method for authorizing 
single LRCS/single LRNS operations for part 121, 125, and 135 
certificate holders is through FAA-approved authorizations, which will 
be set forth in the certificate holder's operations specifications. 
This method of approval is necessary because it will provide both the 
FAA and the certificate holder greater flexibility in dealing with 
varied equipment configurations, possible reclassification of airspace 
operating areas, changes in navigational requirements, and changes in 
air traffic separation standards.
    The FAA has authorized these operations in the past and has 
determined that controlling a VHF communication gap through operations 
specifications will provide an equivalent level of safety. Loss of the 
single LRNS still requires each operator to reliably fix the airplane's 
position at least once each hour if the flight is continued and to 
navigate within the required degree of accuracy over any authorized 
route.

Definition of LRNS and LRCS

    In the proposal, the FAA defined an LRNS as an electronic 
navigation unit that is approved for use under instrument flight rules 
(IFR) as a primary means of navigation and has at least one source of 
navigational input, such as INS, Omega/very low frequency, and Loran C. 
In this definition, the FAA did not limit the scope of acceptable LRNS 
to radio-based or ground-based systems. Such nonradio, nonground-based 
systems as INS are included within the scope of acceptable alternatives 
as long as the system chosen has been approved for use under IFR. If 
approved, GPS or similar 

[[Page 7188]]
navigation systems also could fall within this definition. Where ADF or 
VOR radio navigation is impractical or unusable, the FAA interprets the 
current regulations to require the airplane to be equipped with two 
LRNS for extended overwater operations. This final rule changes this 
dual LRNS requirement. For parts 121, 125, and 135, authorization for a 
single LRNS and a single LRCS will be approved in the certificate 
holder's operations specifications. Since affected part 91 operators do 
not use operations specifications, they would be authorized to use a 
single LRNS, but only in the geographic area.
    Although not defined in the proposal, the FAA has determined that, 
for clarity, LRCS, like LRNS, should be defined in the final rule. The 
FAA defines an LRCS as a long-range communication system that uses 
satellite relay, data link, high frequency, or other approved 
communication system which extends beyond line of sight. The FAA also 
has determined that the definitions for LRNS and LRCS would be better 
placed in part 1, Definitions and Abbreviations, for easy reference of 
all affected operators and to avoid the redundancy of repeating the 
definitions in all affected parts. Therefore, the definitions for LRCS 
and LRNS will be added to Sec. 1.1, General definitions. These 
definitions will be added to this section, in appropriate alphabetical 
order, following the currently listed definition of ``load factor.''

Conditions and Limitations for All Operators

    Because part 91 operators are not required to have operations 
specifications, this rule limits general aviation single LRNS 
operations to the geographic area. The areas of operation covered in 
this rule for affected general aviation operators include the Gulf of 
Mexico, the Caribbean Sea, and the Atlantic Ocean west of a line which 
extends from 44 deg.47'00'' N / 67 deg.00'00'' W to 39 deg.00'00'N / 
67 deg.00'00''W to 38 deg.30'00''N /60 deg.00'00'' W south along the 
60 deg.00'00'' W longitude line to the point where the line intersects 
with the northern coast of South America. This geographic area does not 
include the North Atlantic Minimum Navigational Performance 
Specifications (NAT/MNPS) airspace, where operations are governed by 
Sec. 91.705 and appendix C to part 91.
    Limitations for air carrier and commercial operations will be set 
forth in the certificate holders' operations specifications. As in the 
case of general aviation operations, the area of operation for air 
carrier and commercial operators will not include NAT/MNPS airspace. At 
a minimum, these operators must always comply with International Civil 
Aviation Organization (ICAO) requirements for the area of operations.

Discussion of Comments

    On October 5, 1993, the FAA published a notice proposing to allow 
extended overwater operations with single LRCS and single LRNS (58 FR 
51938). The FAA received six comments on the proposal. The National 
Business Aircraft Association, Inc. (NBAA), the Aircraft Owners and 
Pilots Association (AOPA), and the Air Transport Association (ATA) 
expressed support with recommendations. Northwest Airlines expressed 
neither support nor opposition but did provide a recommendation. The 
Boeing Commercial Airplane Group acknowledged the proposal but had ``no 
comment'' and an aviation consulting firm was opposed to the proposal. 
These comments are discussed as follows:

NBAA

    The NBAA indicated that it ``strongly supports'' the proposed 
changes to allow single LRNS and LRCS. It recommended, however, that 
proposed Sec. 121.99 be incorporated into parts 91, 125, and 135 since 
these parts also require the latitude to access new technology 
communication links without being tied solely to HF.
    FAA response: This rule is intended to affect use of LRNS and LRCS 
for extended overwater operations. The FAA recognizes that additional 
updates to the rules are needed in view of advances in technology, such 
as GPS. Such changes will be addressed in future rulemaking 
initiatives.

AOPA

    AOPA supported the proposal and recommended that the requirement 
for an LRCS be eliminated entirely for certain aircraft in flight 
conditions where no more than a 30-minute gap in two-way communications 
exists. AOPA supported its recommendation by stating that LRCS 
equipment is cumbersome and expensive. According to the commentor, LRCS 
equipment is often adversely affected by precipitation and other 
weather conditions. Further, in overwater areas, pilots relay 
transmissions to ATC through other aircraft and do not depend on their 
LRCS.
    FAA response: The FAA acknowledges that an LRCS has some 
disadvantages; however, these disadvantages are offset by the necessity 
for communications when an airplane is operating in extended overwater 
beyond the range of VHF ground-based communications. While airplanes 
operating in accordance with Sec. 91.511 are not involved in the 
carriage of persons or cargo for compensation or hire, these airplanes 
nevertheless share airspace in the geographic area with air carriers 
which are engaged in transporting passengers and cargo. Therefore, the 
FAA considers it necessary for safety that all aircraft operating in 
the geographic area be able to communicate with ATC at all times.

ATA

    The ATA supported the proposal indicating that it would provide 
administrative and economic relief from an unnecessary regulatory 
burden. Apparently in reference to the 15-day comment period however, 
the commentor noted that, in future proposals, the FAA must abide by 
the requirements of the Administrative Procedures Act (APA). Northwest 
echoed this comment regarding the APA.
    FAA response: In allotting the 15-day comment period, the FAA was 
responding to the large number of requests for relief from the aviation 
industry. The FAA considered it to be in the best interest of safety 
and the public to expedite the regulation by every means possible. The 
FAA did not violate any requirements of the APA, which does not require 
specific comment periods for rulemaking.

Northwest Airlines

    Northwest Airlines suggested that the proposed rule be amended to 
allow operations in NAT/MNPS airspace for flights to and from SLATIN 
along or west of A632. According to the commentor, the area of NAT/MNPS 
airspace traversed by A632 is within VHF coverage except for an area of 
non-coverage located on either side of the mid point of A632 between 
Bermuda and the mainland of the U.S. The commentor asserted that this 
non-coverage area can be traversed within 6 minutes. Northwest further 
indicated that extending the boundary of the area below 27 deg.00'00'' 
N from longitude 60 deg.00'00'' W, would include the island of Barbados 
and thereby preclude any confusion regarding coverage of the total 
Caribbean island chain. Lastly, Northwest indicated that the 
coordinates describing operations under part 91 do not have the same 
boundaries as defined by part 91, appendix C. According to the 
commentor, this presents confusion to ATC with respect to the different 
requirements for air carrier and general aviation operations.

[[Page 7189]]

    FAA response: The route from SLATIN along A632 to approximate 
38 deg.30'00'' N and 67 deg.30'00'' W is NAT/MNPS airspace and, as 
such, is governed by ICAO agreements which require redundant navigation 
and communication systems. It is not within the scope (authority) of 
this rule to alter those agreements. This airspace represents an 
extremely small part of the total geographic area considered in this 
rule and can be crossed in 6 minutes by a turbine-powered air transport 
category airplane. Airlines may operate through this airspace with one 
LRNS and one LRCS provided they obtain a letter of agreement with ATC. 
These operations have been successful in the past and the FAA does not 
consider it to be in the public interest for the U.S. government to 
file a difference with ICAO.
    The boundaries defined in the rule represent a general oceanic 
area, outside NAT/MNPS airspace, in which a single LRNS and single LRCS 
may be used when an airplane is unable to navigate by reference to 
standard ICAO navigational aids such as VOR or ADF. The location of the 
island of Barbados outside the western boundary of the geographic area 
does not exclude it from operations conducted under this regulation 
since VOR coverage extends well into the geographic area.
    The commentor's concern regarding possible conflict between the 
requirements of part 91, appendix C and the boundaries of the 
geographic area of the rule is unfounded. Part 91, appendix C refers to 
operations within NAT/MNPS airspace whereas the regulation limits 
operation to airspace outside NAT/MNPS airspace.

Aviation Consulting Firm

    George Rabe & Associates, the aviation consulting firm opposed to 
the proposal indicated that some of the more modern communication and 
navigation systems are an improvement; however, some are not. 
Nonetheless, according to the commentor, since smaller airlines cannot 
afford to purchase the more expensive communication and navigation 
systems, they do not have the luxury of operating with enhanced 
accuracy and reliability provided by the more sophisticated systems. 
This commentor stated that the economic arguments of the proposal are 
not justified given that GPS is expected to bring down costs and that 
some operators will still conduct operations requiring the use of dual 
LRNS and LRCS. Moreover, according to this commentor, increased air 
traffic and reduced separation standards should bring forth a 
requirement for improved navigation safety not a reduction in safety 
standards. Indicating that errors are not mechanical but human, this 
commentor recommended maintaining the requirement for dual LRNS and 
LRCS and also improving training requirements.
    FAA response: The FAA realizes that cost differences exist among 
LRNS and LRCS equipment and that there may be some differences in 
accuracy; however, all equipment used for operations under this rule 
must meet certain standards of approval established by the FAA. These 
standards serve to assure that an acceptable level of safety is 
maintained regardless of the cost and availability of the equipment.
    The safe operation of LRNS and LRCS is a part of the operators' 
approved training program and is assured by FAA inspection and 
surveillance. Knowing that mistakes in navigation occasionally will be 
made, the FAA established certain operational factors in the rule to 
minimize any potential threat to safety which may result from potential 
errors.
    One of the major factors considered in this rule is the question of 
economic burden to the air transportation industry. The FAA believes 
that this rule will relieve the airlines of a significant cost burden. 
If GPS LRNS units, and subsequently approved operations, present a cost 
savings above other, more prevalent, systems in use today, the FAA 
would certainly favor such a potential.

Economic Summary

    This final rule reduces costs to operators by eliminating the 
requirements for two LRCS and two LRNS in the Gulf of Mexico, part of 
the western Atlantic Ocean, and the Caribbean Sea (the geographic 
area). Savings will come from reduced avionics costs, reduced fuel 
consumption from less aircraft weight, and reduced risk of flight 
cancellations due to inoperative equipment.
    The FAA estimates the fleet size operating in the geographic area 
will be approximately 158 airplanes in 1995. The FAA assumes that the 
size of the fleet serving the geographic area will grow by 5.5 percent 
annually over the 10-year period, 1995-2004. Although the fleet 
composition varies from jumbo jets to smaller twin-engine turboprop 
planes, commercial operators most often use Boeing 727's in the 
geographic area. In addition to the scheduled commercial fleet, general 
aviation and non-commercial operators operating in the geographic area 
will gain some relief from this rule as well. The FAA, however, does 
not have an accurate measure of the size of the fleet operating in the 
geographic area.
    Each commercial operator will save approximately $17,000 per 
airplane in equipment costs and will reduce aircraft weight 20 pounds 
per airplane by eliminating one LRCS; each commercial operator will 
save about $36,000 per airplane in equipment costs and will reduce 
aircraft weight 20 pounds per airplane by eliminating one LRNS. For 
existing airplanes with equipment made redundant by this rule, the 
resulting avionics cost savings will total about $53,000 per converted 
airplane. The FAA also estimates that each additional pound on an 
airplane costs an operator an additional 15 gallons of fuel annually. 
Assuming a converted airplane removes two 20-pound pieces of equipment, 
the reduction in weight will save 600 gallons of fuel each year. Using 
a 1993 average jet fuel price of $.675 per gallon, the reduction in 
weight of 600 gallons of fuel per year will result in annual savings 
totaling over $400 per converted airplane.
    Additional savings from the rule will also come from reduced flight 
cancellations as operators experience fewer equipment failures as a 
result of the reduced equipment requirements. Cost reduction resulting 
from the prevention of a cancellation depends on passenger time, 
passenger handling costs, lost revenue, and operating costs. The 
approximate cost of a Boeing 727 cancellation is estimated to equal 
just over $28,000. The FAA, however, does not have an accurate estimate 
for the number of flight cancellations attributable to non-functioning 
LRCS or LRNS for airplanes operating in the geographic area from which 
to estimate the total cost savings resulting from reduced 
cancellations.
    The FAA assumes that 50 percent of the commercial fleet serving the 
geographic area will reduce the equipment in its airplanes to only one 
LRCS and one LRNS, and that this conversion will occur during the first 
2 years after implementation of the rule. Thereafter, the FAA assumes 
that one-half the airplanes added to the commercial fleet will be 
placed in service with only one LRCS and one LRNS. The FAA further 
assumes that the savings resulting from reduced fuel expenditure 
applies to the equipment conversion of 50 percent of the fleet 
converting to a single LRCS and a single LRNS.
    In each of the first 2 years after the rule becomes effective, the 
industry will reduce avionics costs by over $2 million. Over the decade 
1995-2004, the total savings in 1993 dollars for reduced avionics 
requirements will exceed $6.7 

[[Page 7190]]
million. The fuel savings resulting from airplane weight reduction will 
add another $389,000 in reduced costs, bringing the total cost savings 
in 1993 dollars for this final rule to more than $7.1 million. The net 
discounted savings for the decade 1995-2004, will total just over $5.7 
million.
    The FAA has determined that no safety problem exists with the 
reduction in requirements for dual LRCS and dual LRNS for certain 
overwater operations. In the past two decades, the FAA has granted 
limited exemption from the requirements for dual LRCS and LRNS to 
certain qualified operators operating in the geographic area. No 
airplane operating under exemption has had an accident which can be 
attributed to having only one LRCS or one LRNS. During that time, the 
accuracy and reliability of navigation equipment has continuously 
improved. Thus, the FAA believes that this rule presents no degradation 
in aviation safety in the geographic area.

International Trade Impact Analysis

    Domestic air carriers will receive a negligible cost reduction, but 
there will be no impact on foreign operators. Hence, this rule will 
have no effect on the sale of foreign aviation products or services in 
the U.S. or on the sale of U.S. products or services in foreign 
countries.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) ensures that 
government regulations do not needlessly and disproportionately burden 
small businesses. The RFA requires the FAA to review each rule that may 
have ``a significant economic impact on a substantial number of small 
entities.''
    FAA criteria define ``a substantial number'' as not less than 
eleven nor more than one-third of the small entities subject to the 
rule. Among air carriers, a small entity is defined as one which owns, 
but does not necessarily operate, nine or fewer aircraft. The criteria 
define ``a significant impact'' as follows: $102,000 for scheduled air 
carriers with 60 or more seats; $57,000 for scheduled air carriers with 
fewer than 60 seats.
    This amendment is wholly cost relieving. By eliminating the need 
for two LRCS and LRNS in the geographic area, the estimated cost 
savings to an operator is $53,000. This savings is less than the 
threshold amount for small, scheduled operators.

Federalism Implications

    The regulations adopted herein will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this rule 
would not have federalism implications requiring the preparation of a 
Federalism Assessment.

International Civil Aviation Organization and Joint Aviation 
Regulations

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with ICAO 
Standards and Recommended Practices (SARP) to the maximum extent 
practicable. For this amendment, the FAA has reviewed the SARP of Annex 
6, Parts I and II, applicable to international commercial air 
transportation operations and international general aviation operations 
respectively. The FAA has determined that this rule would not present 
any differences.

Paperwork Reduction Act

    This rule contains no information collection requests requiring 
approval of the Office of Management and Budget pursuant to the 
Paperwork Reduction Act (44 U.S.C. 3507 et seq.).

Conclusion

    For the reasons discussed in the preamble, and based on the 
findings in the Regulatory Flexibility Determination and the 
International Trade Impact Statement, the FAA has determined that this 
regulation is not significant under Executive Order 12866. In addition, 
it is certified that this rule 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 rule is not 
significant under DOT Regulatory Policies and Procedures (44 FR 11034; 
February 26, 1979).

List of Subjects

14 CFR Part 1

    Air Transportation.

14 CFR Part 91

    Aircraft, Airmen, Airports, Air traffic control, Aviation safety.

14 CFR Part 121

    Air Carriers, Aircraft, Airmen.

14 CFR Part 125

    Aircraft, Airmen, Aviation safety.

14 CFR Part 135

    Air taxis, Aircraft, Airmen, Aviation safety.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR parts 1, 91, 121, 125, and 135 as follows:

PART 1--DEFINITIONS AND ABBREVIATIONS

    1. The authority citation for part 1 is revised to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701.

    2. Section 1.1 is amended by adding the following definitions:


Sec. 1.1  General definitions.

* * * * *
    Long-range communication system (LRCS). A system that uses 
satellite relay, data link, high frequency, or another approved 
communication system which extends beyond line of sight.
    Long-range navigation system (LRNS). An electronic navigation unit 
that is approved for use under instrument flight rules as a primary 
means of navigation, and has at least one source of navigational input, 
such as inertial navigation system, global positioning system, Omega/
very low frequency, or Loran C.
* * * * *

PART 91--AIR TRAFFIC AND GENERAL OPERATING RULES

    3. The authority citation for part 91 is revised to read as 
follows:

    Authority: 49 U.S.C. 106(g), 1155, 40103, 40113, 40120, 44101, 
44111, 44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 
46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 47528-47531, 
articles 12 and 29 of the Convention on International Civil Aviation 
(61 stat. 1180).

    4. In Sec. 91.11, paragraph (a) introductory text is amended by 
removing ``paragraphs (c) and (d)'' and by adding ``paragraphs (c), 
(d), and (f)'', in its place and new paragraph (f) is added to read as 
follows:


Sec. 91.511  Radio equipment for overwater operations.

* * * * *
    (f) Notwithstanding the requirements in paragraph (a)(2) of this 
section, a person may operate in the Gulf of Mexico, the Caribbean Sea, 
and the Atlantic Ocean west of a line which extends from 44 deg.47'00'' 
N / 67 deg.00'00'' W to 39 deg.00'00'' N / 67 deg.00'00'' W to 
38 deg.30'00'' N / 60 deg.00'00'' W south along the 60 deg.00'00'' W 
longitude line to the point where the line intersects with the northern 
coast of South America, when:

[[Page 7191]]

    (1) A single long-range navigation system is installed, 
operational, and appropriate for the route; and
    (2) Flight conditions and the aircraft's capabilities are such that 
no more than a 30-minute gap in two-way radio very high frequency 
communications is expected to exist.

PART 121--CERTIFICATION AND OPERATIONS: DOMESTIC, FLAG, AND 
SUPPLEMENTAL AIR CARRIERS AND COMMERCIAL OPERATORS OF LARGE 
AIRCRAFT

    5. The authority citation for part 121 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 40101, 40105, 40113, 44701-44702, 
and 44704-44705.

    6. The first sentence of Sec. 121.99 is revised to read as follows:


Sec. 121.99  Communication facilities.

    Each domestic and flag air carrier must show that a two-way radio 
communication system is available at points that will ensure reliable 
and rapid communications, under normal operating conditions over the 
entire route (either direct or via approved point-to-point circuits) 
between each airplane and the appropriate dispatch office, and between 
each airplane and the appropriate air traffic control unit except as 
specified in Sec. 121.351(c). * * *
    7. Section 121.351 is amended by revising paragraph (a) and adding 
new paragraph (c) to read as follows:


Sec. 121.351  Radio and navigation equipment for extended overwater 
operations and for certain other operations.

    (a) Except as provided in paragraph (c) of this section, no person 
may conduct an extended overwater operation unless the airplane is 
equipped with the radio communication equipment necessary to comply 
with Sec. 121.349, an independent system that complies with 
Sec. 121.347 (a)(1), and two long-range navigation systems when VOR or 
ADF radio navigation equipment is unusable along a portion of the 
route.
    (b) * * *
    (c) Notwithstanding the requirements of paragraph (a) of this 
section, installation and use of a single LRNS and a single LRCS may be 
authorized by the Administrator and approved in the certificate 
holder's operations specifications for operations and routes in certain 
geographic areas. The following are among the operational factors the 
Administrator may consider in granting an authorization:
    (1) The ability of the flightcrew to reliably fix the position of 
the airplane within the degree of accuracy required by ATC,
    (2) The length of the route being flown, and
    (3) The duration of the very high frequency communications gap.

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

    8. The authority citation for part 125 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 1153, 40104, 40105, 44113, 44701-
44705, 44707-44714, 44716-44717, 44722.

    9. Section 125.203 is amended by adding the phrase ``Except as 
provided in paragraph (e) of this section,'' at the beginning of the 
first sentence of paragraph (c) introductory text and adding a new 
paragraph (e) to read as follows:


Sec. 125.203  Radio and navigation equipment.

* * * * *
    (e) Notwithstanding the requirements of paragraph (c) of this 
section, installation and use of a single long-range navigation system 
and a single long-range communication system for extended overwater 
operations in certain geographic areas may be authorized by the 
Administrator and approved in the certificate holder's operations 
specifications. The following are among the operational factors the 
Administrator may consider in granting an authorization:
    (1) The ability of the flightcrew to reliably fix the position of 
the airplane within the degree of accuracy required by ATC,
    (2) The length of the route being flown, and
    (3) The duration of the very high frequency communications gap.

PART 135--AIR TAXI OPERATORS AND COMMERCIAL OPERATORS

    10. The authority citation for part 135 continues to read as 
follows:

    Authority: 49 U.S.C. 106(g), 1153, 40101, 40105, 44113, 44701-
44705, 44707-44717, 44722, and 45303.

    11. Section 135.165 is amended by adding a new paragraph (d) to 
read as follows:


Sec. 135.165  Radio and navigation equipment: Extended overwater or IFR 
operations.

* * * * *
    (d) Notwithstanding the requirements of paragraphs (a) and (b) of 
this section, installation and use of a single long-range navigation 
system and a single long-range communication system, for extended 
overwater operations, may be authorized by the Administrator and 
approved in the certificate holder's operations specifications. The 
following are among the operational factors the Administrator may 
consider in granting an authorization:
    (1) The ability of the flightcrew to reliably fix the position of 
the airplane within the degree of accuracy required by ATC,
    (2) The length of the route being flown, and
    (3) The duration of the very high frequency communications gap.

    Issued in Washington, D.C., on February 20, 1996.
David R. Hinson,
Administrator.
[FR Doc. 96-4263 Filed 2-23-96; 8:45 am]
BILLING CODE 4910-13-M