[Federal Register Volume 62, Number 227 (Tuesday, November 25, 1997)]
[Rules and Regulations]
[Pages 62806-62808]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-30833]



[[Page 62805]]

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Part II





Department of Transportation





_______________________________________________________________________



Federal Aviation Administration



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14 CFR Part 21



Primary Category Seaplanes; Final Rule

  Federal Register / Vol. 62, No. 227 / Tuesday, November 25, 1997 / 
Rules and Regulations  

[[Page 62806]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 21

[Docket No. 27641; Amendment No. 21-75]
RIN 2120-AG39


Primary Category Seaplanes

AGENCY: Federal Aviation Administration, DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This direct final rule increases the maximum weight limit for 
seaplanes that are proposed for type certification in the primary 
category. When the Federal Aviation Administration (FAA) established 
the 2,700-pound maximum weight limit for primary category aircraft, it 
did not consider seaplanes. Seaplanes generally weigh more than 
comparable landplanes because of the increased airframe weight and drag 
associated with their designs. Therefore, the 2,700-pound maximum 
weight limit for primary category aircraft results in a significantly 
inferior performance, range, and payload when applied to seaplanes than 
was originally intended for primary category aircraft. The FAA has 
determined that a 3,375-pound maximum weight limit would provide 
seaplanes with a level of utility comparable to primary category 
landplanes.

DATES: Effective February 23, 1998.
    Comments for inclusion in the Rules Docket must be received on or 
before December 26, 1997.

ADDRESSES: Comments on this direct final rule should be delivered, in 
triplicate, to: Federal Aviation Administration, Office of the Chief 
Counsel (AGC-200), Attention: Rules Docket, Docket No. 27641, 800 
Independence Avenue, SW., Washington, DC 20591. Comments also may be 
submitted electronically to the following Internet address: 9-NPRM-
[email protected]. Comments submitted must be marked: Docket No. 27641. 
Comments may be examined in Room 915G on weekdays between 8:30 a.m. and 
5:00 p.m., except Federal holidays.

FOR FURTHER INFORMATION CONTACT:
Brian A. Yanez, Certification Procedures Branch (AIR-110), Aircraft 
Certification Service, Federal Aviation Administration, 800 
Independence Avenue, SE., Washington, DC 20591, telephone (202) 267-
9588.

SUPPLEMENTARY INFORMATION:

Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in adverse 
or negative comments, and, therefore, is issuing it as a direct final 
rule. The subject of this rulemaking was raised previously in the 
Federal Register through the publication of a notice of a petition for 
exemption to permit an amphibious airplane to be type certificated in 
the primary category with a maximum weight of 3,300 pounds. The FAA 
received 115 favorable comments and no negative comments on the 
proposed increased weight limit.
    Unless a written adverse or negative comment, or a written notice 
of intent to submit an adverse or negative comment, is received on this 
direct final rule within the comment period, the regulation will become 
effective on the date specified. After the close of the comment period, 
the FAA will publish a document in the Federal Register indicating that 
no adverse or negative comments were received and confirming the date 
on which the final rule will become effective.
    If the FAA does receive, within the comment period, an adverse or 
negative comment, or written notice of intent to submit such a comment, 
a document withdrawing the direct final rule will be published in the 
Federal Register, and a notice of proposed rulemaking (NPRM) may be 
published with a new comment period.

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by an NPRM, comments are invited on this rule. Interested 
persons are invited to comment on this rule by submitting such written 
data, views, or arguments as they may desire. Comments should identify 
the Rules Docket number and be submitted in triplicate to the address 
specified under the caption ADDRESSES. All communications received on 
or before the closing date for comments will be considered, and this 
rule may be amended or withdrawn in light of the comments received. 
Factual information that supports a commenter's ideas and suggestions 
is helpful in evaluating the effectiveness of this action and 
determining whether additional rulemaking action would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. Substantive comments should be 
accompanied by cost estimates. All comments submitted will be 
available, before and after the closing date for comments, in the Rules 
Docket for examination by interested persons. A report summarizing each 
substantive public contact with FAA personnel concerning this action 
will be filed in the docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
must submit with those comments a pre-addressed, stamped postcard on 
which the following statement is made: ``Comments to Docket No. 
27641.'' The postcard will be date stamped and returned to the 
commenter.

Availability of Final Rule

    Using a modem and suitable communications software, an electronic 
copy of this document may be downloaded from the FAA regulations 
section of the FedWorld electronic bulletin board service (telephone: 
703-321-3339).
    Internet users may reach the FAA's web page at http://www.faa.gov 
or the Office of the Federal Register's web page on GPO Access at 
http://www.access.gpo.gov/nara/index.html for access to recently 
published rulemaking documents.
    Any person may obtain a copy of this final rule by submitting a 
request to the Federal Aviation Administration, Office of Rulemaking, 
ARM-1, 800 Independence Avenue, SW., Washington, DC 20591, or by 
calling (202) 267-9680. Communications must identify the amendment 
number or docket number of this direct final rule.

Background

Statement of the Problem

    On December 22, 1993, a manufacturer of amphibious kit planes 
petitioned the FAA for exemption from the maximum weight limit for type 
certification of primary category aircraft in Sec. 21.24(a)(1)(ii) of 
Title 14, Code of Federal Regulations (14 CFR). The manufacturer listed 
the individual components that cause amphibious airplanes to weigh more 
than landplanes with a comparable utility. On May 10, 1994, a summary 
of the petition was published in the Federal Register (59 FR 24209) for 
public comment. The FAA subsequently determined that the manufacturer's 
request should be addressed in a rulemaking action rather than through 
the exemption process, because the relief sought addressed the general 
applicability of the type certification requirements for primary 
category aircraft.

History

    On September 9, 1992, the FAA published in the Federal Register (57

[[Page 62807]]

FR 41360) a final rule establishing a new certification category for 
personal- and recreational-use aircraft, known as primary category 
aircraft. The final rule established simplified procedures for type, 
production, and airworthiness certification, and associated maintenance 
procedures for these aircraft. The intent of the rule was to: (1) 
provide a category for aircraft that are less costly to certificate, 
produce, purchase, and maintain than current normal category aircraft; 
(2) stimulate the introduction of new, less costly aircraft designs; 
(3) enable kit manufacturers to fill the demand for low-cost aircraft; 
and (4) improve the safety of kit-built aircraft presently being 
certificated as experimental, amateur-built aircraft.
    Primary category airplanes may be unpowered or powered by a single, 
naturally aspirated engine, with a stall speed of 61 knots or less. 
These airplanes are limited to a maximum weight of 2,700 pounds, a 
maximum seating capacity of four persons, and an unpressurized cabin. 
Seaplanes were not considered when the primary category weight limit 
was established.

Discussion

    A seaplane is an airplane designed to take off from and land on 
water. A seaplane can be classified as a flying boat, whose hull is the 
means of support on the water, or a floatplane, which is supported on 
the water by one or more floats. Amphibious airplanes are seaplanes 
designed to take off from and land on either water or land.
    Seaplanes generally weigh more than comparable landplanes due to 
the increased airframe weight and drag associated with their designs. 
Therefore, the 2,700-pound maximum weight limit for primary category 
aircraft results in a significantly inferior performance, range, and 
payload when applied to seaplanes than was originally intended for 
primary category aircraft. The following features may contribute to a 
seaplane's increased weight:
    (1) A requirement for more horsepower to counteract the increased 
drag of the hull/step configuration and sponsons. Seaplanes typically 
require a six-cylinder engine rather than the lighter four-cylinder 
engine used on landplanes weighing less than 2,700 pounds;
    (2) Increased structural strength of the airplane's pylon or tail 
structure to support the engine and propeller, which are usually 
mounted above the hull;
    (3) Larger elevators and stabilizers to overcome the vertical 
pitching forces and a larger rudder for yaw stability due to the high 
thrust line;
    (4) A water rudder mechanism for taxiing in the water;
    (5) Structural strengthening of the hull (including skin strength, 
bulkheads, and longerons) to withstand water takeoff and landing loads;
    (6) Wing sponsons and necessary reinforcement of the wing structure 
to carry additional loading; and
    (7) Retractable landing gear to permit operations from water or 
land.
    Because seaplanes weigh an average of 25 percent more than 
comparable landplanes, this rule increases the maximum weight limit by 
25 percent, to 3,375 pounds, for seaplanes certificated in the primary 
category. This increase should offer primary category seaplanes a level 
of utility comparable to primary category landplanes.
    Currently, many seaplanes are certificated as experimental 
airplanes. The inclusion of seaplanes in the primary category will 
result in safety benefits by standardizing the design and construction 
processes of these airplanes through the type certification process. 
The FAA notes that kit-built seaplanes are eligible for certification 
in the primary category if the kit is supplied by an FAA-approved 
manufacturer and is assembled under the supervision and quality control 
of the production approval holder.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), there are no reporting or recordkeeping requirements 
associated with this direct final rule.

International Compatibility

    The FAA has reviewed corresponding International Civil Aviation 
Organization (ICAO) standards and Joint Aviation Authorities (JAA) 
regulations and found no comparable primary category certification 
standards. The FAA notes that because primary category aircraft have a 
special airworthiness certificate rather than an airworthiness 
certificate based on ICAO Annex 8 standards, owners of U.S.-registered 
primary category aircraft would require prior permission of the 
appropriate airworthiness authority to operate outside the United 
States.

Regulatory Evaluation Summary

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs Federal agencies to 
consider, for new regulations or modifications to existing regulations, 
if the potential benefits to society outweigh the potential costs. 
Second, the Regulatory Flexibility Act (RFA) of 1980 requires agencies 
to analyze the economic impact of regulatory changes on small entities. 
Third, the Office of Management and Budget directs agencies to assess 
the effects of regulatory changes on international trade. In conducting 
these assessments, the FAA has determined that the proposed rule: (1) 
would generate benefits exceeding its costs and is not ``significant'' 
as defined in Executive Order 12866; (2) would not be ``significant'' 
as defined in the Department of Transportation's (DOT) Policies and 
Procedures; (3) would not have a significant impact on a substantial 
number of small entities; and (4) would not restrain international 
trade. These analyses, available in the docket, are summarized below.
    The rule will provide the opportunity to reduce certification and 
manufacturing costs for seaplanes weighing between 2,700 and 3,375 
pounds that otherwise would be certificated under Sec. 21.21. The rule 
makes available simplified procedures for type, production, and 
airworthiness certification, and associated maintenance procedures for 
these aircraft. The certification basis and standards afforded by this 
amendment will be an option for the affected parties. Manufacturers and 
owners/operators will only select the new alternative if it is in their 
own best economic interests to do so. Therefore, the FAA concludes that 
the rule will be cost beneficial.

Regulatory Flexibility Determination

    The RFA of 1980 was enacted by Congress to ensure that small 
entities are not unnecessarily or disproportionately burdened by 
Government regulations. The RFA requires a Regulatory Flexibility 
Analysis if a rule will have a significant economic impact, detrimental 
or beneficial, on a substantial number of small entities. FAA Order 
2100.14A, Regulatory Flexibility Criteria and Guidance, establishes 
threshold cost values and small entity size standards for complying 
with RFA review requirements in FAA rulemaking actions. Since the 
alternatives afforded will be optional, the rule will not have a 
significant economic impact on a substantial number of small entities.

International Trade Impact Statement

    The rule will not constitute a barrier to international trade, 
including the export of U.S. goods and services to foreign countries 
and the import of foreign goods and services into the United States.

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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 final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.

Unfunded Mandates Reform Act Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (the Act), 
codified as 2 U.S.C. 1501-1571, requires each Federal agency, to the 
extent permitted by law, to prepare a written assessment of the effects 
of any Federal mandate in a proposed or final agency rule that may 
result in expenditures by State, local, and tribal governments, in the 
aggregate, or by the private sector of $100 million or more (adjusted 
annually for inflation) in any one year.
    This rule does not meet the thresholds of the Act. Therefore, the 
requirements of Title II of the Act do not apply.

Conclusion

    For the reasons discussed in the preamble, and based on the 
findings in the Regulatory Flexibility Determination and International 
Trade Impact Analysis, the FAA has determined that this regulation is 
not significant under Executive Order 12866. In addition, the FAA 
certifies 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 regulation is not 
considered significant under DOT Order 2100.5, Policies and Procedures 
for Simplification, Analysis, and Review of Regulations. A final 
regulatory evaluation of the regulation, including a final 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 21

    Aircraft, Aviation safety, Exports, Imports, Primary category, 
Reporting and recordkeeping requirements.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR part 21 of the Federal Aviation 
Regulations as follows:

PART 21--CERTIFICATION PROCEDURES FOR PRODUCTS AND PARTS

    1. The authority citation for part 21 continues to read as follows:

    Authority: 42 U.S.C. 7572; 49 U.S.C. 106(g), 40105, 40113, 
44701-44702, 44707, 44709, 44711, 44713, 44715, 45303.

    2. Section 21.24 is amended by revising paragraph (a)(1)(ii) to 
read as follows:


Sec. 21.24  Issuance of type certificate: primary category aircraft.

    (a) * * *
    (1) * * *
    (ii) Weighs not more than 2,700 pounds; or, for seaplanes, not more 
than 3,375 pounds;
* * * * *
    Issued in Washington, DC, on November 19, 1997.
Jane F. Garvey,
Administrator.
[FR Doc. 97-30833 Filed 11-24-97; 8:45 am]
BILLING CODE 4910-13-M