[Federal Register Volume 64, Number 160 (Thursday, August 19, 1999)]
[Rules and Regulations]
[Pages 45336-45338]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21380]



[[Page 45335]]

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Part III





Department of





Transportation





_______________________________________________________________________



Federal Aviation Administration



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14 CFR Part 29



Airworthiness Standards; Transport Category Rotorcraft Performance; 
Final Rule

  Federal Register / Vol. 64, No. 160 / Thursday, August 19, 1999 / 
Rules and Regulations  

[[Page 45336]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 29

[Docket No. 24802; Amendment No. 29-44]
RIN 2120-AG86


Airworthiness Standards; Transport Category Rotorcraft 
Performance

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule; request for comments.

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SUMMARY: This rule amends the airworthiness standards for Transport 
Category rotorcraft by making several nonsubstantive clarification 
changes to the wording and by correcting various nonsubstantive errors 
in the performance requirements section. This rule is needed to correct 
errors in a final rule published on May 10, 1996.

DATES: This final rule is effective November 17, 1999. Comments must be 
submitted on or before September 20, 1999.

ADDRESSES: Submit comments in duplicate to the Federal Aviation 
Administration, Office of the Chief Counsel (AGC-200), Attention: Rules 
Docket No. 24802, 800 Independence Ave., SW, Washington, DC 20591.
    Comments may also be submitted electronically to the following 
Internet address: [email protected]. Comments submitted must be 
marked: Docket No. 24802.
    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: Lance T. Gant, Rotorcraft Standards 
Staff, Aircraft Certification Service, Federal Aviation Administration, 
Fort Worth, Texas 76193-0110, telephone (817) 222-5114, fax (817) 222-
5961.

SUPPLEMENTARY INFORMATION:

Comments Invited

    Although this action is in the form of a final rule and was not 
preceded by a notice of proposed rulemaking, 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. 
Communications 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 the 
commenter's ideas and suggestions is extremely helpful in evaluating 
the effectiveness of this action and determining whether additional 
rulemaking action will 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. All comments submitted will be 
available, both before and after the closing date for comments, in the 
rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
action will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this rule must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 24802.'' The postcard will be date stamped and returned 
to the commenter.

Availability of Final Rule

    Any person may obtain a copy of this final rule by submitting a 
request to: FAA, Office of Rulemaking, Attention: ARM-1, 800 
Independence Avenue, SW., Washington, DC 20591; or by telephoning (202) 
267-9680. Individuals requesting a copy of this final rule should 
identify their request with the amendment number or docket number.
    An electronic copy of this final rule may be downloaded, by using a 
modern and suitable communications software, from: the FAA regulations 
section of the FedWorld electronic bulletin board service (telephone: 
(703) 321-3339); the Government Printing Office's electronic bulletin 
board service (telephone (202) 512-1661); or the FAA's Aviation 
Rulemaking Advisory Committee Bulletin Board service (telephone: (202) 
267-5948).
    Internet users may reach the FAA's web page at http://www.faa.gov, 
or the Government Printing Office's webpage at http://
www.access.gpo.gov/nara, for access to recently published rulemaking 
documents.

Small Entity Inquiries

    The Small Business Regulatory Enforcement Fairness Act of 1996 
(SBEFA) requires the FAA to report inquiries from small entities 
concerning information on, and advice about, compliance with statutes 
and regulations within the FAA's jurisdiction, including interpretation 
and application of the law to specific sets of facts supplied by a 
small entity.
    If you are a small entity and have a question, contact your local 
FAA official, you may contact Charlene Brown, Program Analyst Staff, 
Office of Rulemaking, ARM-27, Federal Aviation Administration, 800 
Independence Avenue, SW, Washington, DC 20591, 1-888-551-1594. Internet 
users can find additional information on SBREFA in the ``Quick Jump'' 
section under ``Rulemaking'' of the FAA's web page at http://
www.faa.gov and may send electronic inquiries to the following internet 
address: [email protected].

Background

    After publication of the Transport Category Rotocraft Notice of 
Proposed Rulemaking (NPRM), Notice 90-1 (55 FR 698, January 8, 1990), 
the Joint Harmonization Working Group (JHWG) proposed some 
nonsubstantive changes to be included in the final rule. The FAA 
reviewed the JHWG proposal and concurred with the changes. However, the 
changes were inadvertently omitted in the final rule published May 10, 
1996 (61 FR 21894), and two correction documents published July 1, 1996 
(61 FR 33963), and July 15, 1996 (61 FR 36965), following Notice 90-1.
    This final rule will make the nonsubstantive changes to some 
paragraphs of part 29. The changes will clarify the language to avoid 
confusion and diverse interpretations of these standards.

Discussion

    The following is a discussion of the changes of part 29:

14 CFR 29.59  Takeoff Path: Category A

    Section 29.59 is revised for clarification. The revision is an 
editorial reordering of paragraphs.

14 CFR 29.62  Rejected Takeoff: Category A

    Section 29.62(a) is revised for clarification. The current wording 
of Sec. 29.62(a) may be interpreted to imply that the procedures of 
Secs. 29.59 and 29.60 are to be followed only to the engine failure 
point and that the takeoff and rejected takeoff paths may diverge from 
that point. However, in calculating the rejected takeoff path distances 
of Sec. 29.62(a), the requirements of Secs. 29.59 and 29.60 are to be 
followed up to the takeoff decision point (TDP). Therefore, the section 
is revised by removing references to the engine failure point to 
preclude misinterpretation of the requirement.

[[Page 45337]]

14 CFR 29.67  Climb: One-Engine-Inoperative (OEI)

    In Sec. 29.67, the introductory text of paragraph (a)(2), 
paragraphs (a)(2)(i) and (a)(3)(i), and the introductory text of 
paragraph (b) are revised to specify that the engine power ratings are 
for one-engine inoperative to be consistent with Sec. 29.1521. 
Paragraph (a)(2)(ii) is deleted because the requirement is previously 
stated in Sec. 29.64. The deletion of paragraph (a)(2)(ii) resulted in 
an editorial renumbering of paragraphs (iii) and (iv) as (ii) and (iii) 
respectively.

14 CFR 29.77  Landing Decision Point (LDP): Category A

    The requirements of Sec. 29.77 are clarified by dividing this 
section into paragraphs (a) and (b) and clearly identifying the 
inclusion of the pilot recognition time interval in the definition of 
the LDP.

14 CFR 29.81  Landing Distance: Category A

    In Sec. 29.81, the requirement to determine landing distance from a 
height of 25 feet for elevated landing operations is deleted. The 
requirement to determine landing distance from 25 feet has no 
operational significance and represents an unnecessary consideration 
for elevated heliports.

14 CFR 29.85  Balked Landing: Category A

    Editorial changes in Sec. 29.85 insert the phrase ``with the 
critical engine inoperative'' in the introductory text and delete that 
phrase from paragraph (a) and a similar phrase from paragraph (b). In 
paragraph (c), the word ``distance'' is replaced with the more 
descriptive term ``(loss of height)''.

14 CFR 29.1323 Airspeed Indicating System

    In Sec. 29.1323(c)(1), an editorial correction changes ``critical'' 
decision point to read ``takeoff'' decision point. This term parallels 
the term used in other sections of part 29.

14 CFR 29.1587 Performance Information

    In Sec. 29.1587(a)(4) and (5), references to Secs. 29.63 and 29.83 
are deleted because those sections are applicable to Category B 
performance, and Sec. 29.1587(a) contains only Category A requirements. 
Additionally, reference to Sec. 29.85, omitted in error, is added to 
paragraph (a)(5).

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 final rule.

Agency Findings

    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.
    The FAA has determined that notice and prior public comment are 
unnecessary in promulgating this regulation. Therefore, it can be 
issued immediately since it only involves minor correction, 
clarification, and editorial changes. For the reasons discussed in the 
preamble, I certify that this regulation (1) is not a ``significant 
regulatory action'' under Executive Order 12866; (2) is not a 
``significant rule'' under Department of Transportation (DOT) 
Regulatory Policies and Procedures (44 FR 11034, February 26, 1979); 
and (3) if promulgated, 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.

International Traded 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.

Unfunded Mandates Reform Act Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (the Act), 
codified as 2 U.S.C. Secs. 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.

Environmental Analysis

    FAA Order 1050.1D defines FAA actions that may be categorically 
excluded from preparation of a National Environmental Policy Act (NEPA) 
environmental assessment or environmental impact statement. In 
accordance with FAA Order 1050.1D, appendix 4, paragraph 4(j), this 
rulemaking action qualifies for a categorical exclusion.

Energy Impact

    The energy impact of this rulemaking has been assessed in 
accordance with the Energy Policy and Conservation Act (EPCA) and 
Public Law 94-163, as amended (42 U.S.C. 6362). It has been determined 
that it is not a major regulatory action under the provisions of the 
EPCA.

List of Subjects in 14 CFR Part 29

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

The Amendment

    Accordingly, the Federal Aviation Administration amends 14 CFR part 
29 of the Federal Aviation Regulation 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. 106(g), 40113, 44701-44702, 44704.

    2. In Sec. 29.59, paragraph (e) is redesignated as paragraph (c), 
and paragraphs (c) and (d) are redesignated as (d) and (e) 
respectively.
    3. Section 29.62(a) is revised to read as follows:


Sec. 29.62  Rejected takeoff: Category A

* * * * *
    (a) The takeoff path requirements of Secs. 29.59 and 29.60 being 
used up to the TDP where the critical engine failure is recognized and 
the rotorcraft is landed and brought to a complete stop on the takeoff 
surface;
* * * * *
    4. Secti8on 29.67 is amended by revising the introductory text of 
paragraph (a)(2), paragraphs (a)(2)(i) and (a)(3)(i), and paragraph 
(b); by removing paragraph (a)(2)(ii); and by redesignating (a)(2)(iii) 
and (a)(2)(iv) as (a)(2)(ii) and (a)(2)(iii) respectively.


Sec. 29.67  Climb: One-engine-inoperative (OEI)

    (a) * * *
    (2) The steady rate of climb without ground effect, 1000 feet above 
the

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takeoff surface, must be at least 150 feet per minute, for each weight, 
altitude, and temperature for which takeoff data are to be scheduled 
with--
    (i) The critical engine inoperative and the remaining engines at 
maximum continuous power including continuous OEI power, if approved, 
or at 30-minute OEI power for rotorcraft for which certification for 
use of 30-minute OEI power is requested;
* * * * *
    (3) * * *
    (i) The critical engine operative and the remaining engines at 
maximum continuous power including continuous OEI power, if approved, 
and at 30-minute OEI power for rotorcraft for which certification for 
the use of 30-minute OEI power is requested;
* * * * *
    (b) For multiengine Category B rotorcraft meeting the Category A 
engine isolation requirements, the steady rate of climb (or descent) 
must be determined at the speed for best rate of climb (or minimum rate 
of descent) at each altitude, temperature, and weight at which the 
rotorcraft is expected to operate, with the critical engine inoperative 
and the remaining engines at maximum continuous power including 
continuous OEI power, if approved, and at 30-minute OEI power for 
rotorcraft for which certification for the use of 30-minute OEI power 
is requested.
    5. Section 29.77 is revised to read as follows:


Sec. 29.77  Landing decision Point (LDP): Category A

    (a) The LDP is the last point in the approach and landing path from 
which a balked landing can be accomplished in accordance with 
Sec. 29.85.
    (b) Determination of the LDP must include the pilot recognition 
time interval following failure of the critical engine.
    6. Section 29.81 is revised to read as follows:


Sec. 29.81  Landing distance: Category A.

    The horizontal distance required to land and come to a complete 
stop (or to a speed of approximately 3 knots for water landings) from a 
point 50 ft above the landing surface must be determined from the 
approach and landing paths established in accordance with Sec. 29.79.
    7. Section 29.85 is revised to read as follows:


Sec. 29.85  Balked landing: Category A.

    For Category A rotorcraft, the balked landing path with the 
critical engine inoperative must be established so that--
    (a) The transition from each stage of the maneuver to the next 
stage can be made smoothly and safely;
    (b) From the LDP on the approach path selected by the applicant, a 
safe climbout can be made at speeds allowing compliance with the climb 
requirements of Sec. 29.67(a)(1) and (2); and
    (c) The rotorcraft does not descend below 15 feet above the landing 
surface. For elevated heliport operations, descent may be below the 
level of the landing surface provided the deck edge clearance of 
Sec. 29.60 is maintained and the descent (loss of height) below the 
landing surface is determined.


Sec. 29.1323  [Amended]

    8. In Section 29.1323(c)(1), the word ``critical'' is removed and 
add the word ``takeoff' in its place.


Sec. 29.1587  [Amended]

    9. In Sec. 29.1587(a)(4), remove the words ``or Sec. 29.63'',
    10. In Sec. 29.1587(a)(5), remove the words ``or Sec. 29.83'' and 
add the words ``and Sec. 29.85'' in their place.

    Issued in Washington, DC, on August 12, 1999.
Jane F. Garvey,
Administrator.
[FR Doc. 99-21380 Filed 8-18-99; 8:45 am]
BILLING CODE 4910-13-M