[Federal Register Volume 79, Number 76 (Monday, April 21, 2014)]
[Rules and Regulations]
[Pages 22009-22012]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-09034]
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Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
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Federal Register / Vol. 79, No. 76 / Monday, April 21, 2014 / Rules
and Regulations
[[Page 22009]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 91, 120, and 135
[Docket No.: FAA-2010-0982; Amdt. Nos. 91-330, 120-2; 135-129]
RIN 2120-AK47
Extension of Effective Date for the Helicopter Air Ambulance,
Commercial Helicopter, and Part 91 Helicopter Operations Final Rule
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; delay of effective date and request for comments.
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SUMMARY: The FAA is delaying the effective date of the Helicopter Air
Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations
final rule published on February 21, 2014. In that rule, the FAA
amended its regulations to revise the helicopter air ambulance,
commercial helicopter, and general aviation helicopter operating
requirements. The April 22, 2014 effective date does not provide an
adequate amount of time for the affected certificate holders to
implement the new requirements. By extending the effective date to
April 22, 2015, the affected certificate holders will have sufficient
time to implement the new requirements. This action will only affect
the effective date of the provisions of the rule scheduled to take
effect April 22, 2014. Other provisions in the rule with specified
compliance dates will not be affected.
DATES: The effective date of the rule amending 14 CFR Parts 91, 120,
and 135 published February 21, 2014 (79 FR 9932), is delayed until
April 22, 2015. The amendment to Sec. 135.293 in this document is
effective April 22, 2015.
Submit comments on or before May 21, 2014.
ADDRESSES: Send comments identified by docket number FAA-2010-0982
using any of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your
comments electronically.
Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE., Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
Hand Delivery or Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m.,
Monday through Friday, except Federal holidays.
Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: In accordance with 5 U.S.C. 553(c), DOT solicits comments
from the public to better inform its rulemaking process. DOT posts
these comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or Docket Operations in Room W12-140 of the
West Building Ground Floor at 1200 New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday through Friday, except Federal
holidays.
FOR FURTHER INFORMATION CONTACT: For technical questions concerning
this action, contact Andy Pierce, Air Transportation Division, AFS-200,
Federal Aviation Administration, 800 Independence Avenue SW.,
Washington, DC 20591; telephone (202) 267-8238; email
[email protected].
For legal questions concerning this action, contact Dean E.
Griffith, Office of Chief Counsel, AGC-220, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone (202) 267-3073; email [email protected].
SUPPLEMENTARY INFORMATION:
Good Cause for Dispensing With Notice and Comment and for Immediate
Adoption
Section 553(b)(3)(B) of Title 5, United States Code, (the
Administrative Procedure Act) authorizes agencies to dispense with
notice and comment procedures for rules when the agency for ``good
cause'' finds that those procedures are ``impracticable, unnecessary,
or contrary to the public interest.'' Under this section, an agency,
upon finding good cause, may issue a final rule without seeking comment
prior to the rulemaking.
The FAA finds that prior notice and public comment to this final
rule are contrary to the public interest. This final rule extends the
effective date for the Helicopter Air Ambulance, Commercial Helicopter,
and Part 91 Helicopter Operations final rule from April 22, 2014 to
April 22, 2015. By extending the effective date, affected entities will
have sufficient time to implement the new requirements. Without the
extension of the effective date, regulated entities would not have
sufficient time to prepare to meet the new requirements that were
scheduled to take effect April 22, 2014. If these entities are not
prepared to meet the new requirements then, beginning April 23, 2014,
they would not be able to continue conducting part 135 operations and
would not be able to meet the new part 91 requirements. Therefore, the
FAA has determined that prior notice and public comment are contrary to
the public interest.
The Administrative Procedure Act also allows agencies to dispense
with the 30-day delayed effective date requirement for ``good cause
found and published with the rule.'' 5 U.S.C. 553(d)(3). The FAA has
determined that good cause exists to make this rule immediately
effective upon publication. As discussed above the Helicopter Air
Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations
final rule takes effect April 22, 2014. If the delay of the effective
date is not made immediately effective there would be a period of time
under which certificate holders would be in jeopardy of not being able
to continue part 135 operations because of inability to satisfy the new
requirements and part 91 operators would not be able to meet new
requirements applicable to them. The delayed effective date must take
effect
[[Page 22010]]
before April 22, 2014 to ensure certificate holders can continue to
operate.
Comments Invited
The FAA is adopting this final rule without prior notice and public
comment because delaying the amendment could result in a negative
impact to certificate holders conducting part 135 rotorcraft
operations, part 91 rotorcraft operators, and the public that relies on
those certificate holders. The Regulatory Policies and Procedures of
the Department of Transportation (DOT) (44 FR 11034; Feb. 26, 1979),
provide that to the maximum extent possible, operating administrations
for the DOT should provide an opportunity for public comment on
regulations issued without prior notice. All comments will be
considered by the Administrator and this amendment may be changed in
light of the comments received. We note that, although the FAA will
consider comments, this rule will be effective upon publication of this
document in the Federal Register.
Authority for This Rulemaking
The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. Subtitle I, Section 106(f)
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701. Under that section,
the FAA is charged with prescribing regulations and minimum standards
for practices, methods and procedures the Administrator finds necessary
for safety in air commerce. This regulation is within the scope of that
authority because it addresses safety of rotorcraft operations.
I. Overview of Final Rule With Request for Comments
This final rule with request for comments extends the effective
date for the Helicopter Air Ambulance, Commercial Helicopter, and Part
91 Helicopter Operations final rule published on February 21, 2014 (79
FR 9932). In that rule, the FAA established several operational rules
for part 91 rotorcraft operators and part 135 rotorcraft operators
which are scheduled to take effect April 22, 2014. This final rule
extends the effective date to April 22, 2015 to provide a sufficient
amount of time for the affected operators and certificate holders to
implement the new requirements. This action does not affect the
provisions of the rule with a specific compliance date that are
discussed later in this document.
II. Background
A. Statement of the Problem
There are approximately 5,465 rotorcraft pilots and 496 certificate
holders conducting part 135 rotorcraft operations that are affected by
the new requirements established in the February 21 rule. Moreover, all
part 91 operations in class G airspace under visual flight rules will
be affected by this rule. Multiple steps are required by the FAA and
the regulated community for operators to implement the new
requirements. However, it is not feasible for the FAA or rotorcraft
operators to complete all the necessary steps by April 22, 2014.
Consequently, operators will not be able to meet the operational
requirements and thus will not be able to conduct part 135 operations
or follow the new part 91 requirements beginning April 23, 2014.
Therefore, the FAA is extending the rule's effective date to April 22,
2015 to provide a sufficient amount of time for the affected entities
to complete all the necessary steps to implement the new requirements.
III. Discussion of Final Rule With Request for Comments
As stated above, the current effective date of the Helicopter Air
Ambulance, Commercial Helicopter, and Part 91 Helicopter Operations
final rule is April 22, 2014. Since the publication of the rule, it has
become evident that this effective date does not allow certificate
holders sufficient time to complete all the necessary steps to
implement the new rule.
As one example, pilots are currently required to complete written
or oral knowledge testing and a flight competency check every 12
calendar months. New Sec. 135.293(a)(9) requires rotorcraft pilots to
complete knowledge testing on ``procedures for aircraft handling in
flat-light, whiteout, and brownout conditions, including methods for
recognizing and avoiding those conditions'' during their next written
or oral test after April 22, 2014. New Sec. 135.293(c) requires
rotorcraft pilots to complete ``a demonstration of the pilot's ability
to maneuver the rotorcraft solely by reference to instruments'' during
their next competency check after April 22, 2014.
In order to implement these new requirements, certificate holders
must complete several steps, such as developing the procedures for
testing aircraft handling in flat-light, whiteout, and brownout
conditions, revising the approved training program to address the new
requirements, and training instructors and check pilots prior to
beginning the training, testing, and checking of rotorcraft pilots. The
April 22, 2014 compliance date does not provide adequate time for
certificate holders to complete these necessary steps and therefore the
compliance date will be delayed to April 22, 2015. We note that this is
the only provision requiring a specific change of rule text. In
addition, we are revising the rule text to clarify the compliance date
for this section.
In addition, the FAA has determined that the April 22, 2014
effective date does not provide sufficient time for the FAA or the
regulated community to implement the other operational rules which are
currently scheduled to take effect on that date. However, the FAA has
determined that provisions with delayed compliance dates in the
Helicopter Air Ambulance, Commercial Helicopter, and Part 91 Helicopter
Operations final rule do not need to be extended under this action.
This is because the FAA will have sufficient time to prepare guidance
for regulated entities in advance of the compliance dates for these
provisions. The FAA is not extending the compliance dates of the
following provisions:
135.160, Radio altimeters for rotorcraft operations--
compliance date April 24, 2017.
135.168, Emergency equipment: Overwater rotorcraft
operations (406 MHz emergency locator transmitter)--compliance date
April 24, 2017.
135.603, Pilot-in-command instrument qualifications--
compliance date April 24, 2017.
135.605, Helicopter terrain awareness and warning system
(HTAWS)--compliance date April 24, 2017.
135.607, Flight Data Monitoring System--compliance date
April 23, 2018.
135.619, Operations control centers--compliance date April
22, 2016.
IV. Regulatory Notices and Analyses
A. Regulatory Evaluation
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 and Executive Order 13563 direct
that each Federal agency shall propose or adopt a regulation only upon
a reasoned determination that the benefits of the intended regulation
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub.
L. 96-354) requires agencies to analyze the economic
[[Page 22011]]
impact of regulatory changes on small entities. Third, the Trade
Agreements Act (Pub. L. 96-39) prohibits agencies from setting
standards that create unnecessary obstacles to the foreign commerce of
the United States. In developing U.S. standards, the Trade Act requires
agencies to consider international standards and, where appropriate,
that they be the basis of U.S. standards. Fourth, the Unfunded Mandates
Reform Act of 1995 (Pub. L. 104-4) requires agencies to prepare a
written assessment of the costs, benefits, and other effects of
proposed or final rules that include a Federal mandate likely to result
in the expenditure by State, local, or tribal governments, in the
aggregate, or by the private sector, of $100 million or more annually
(adjusted for inflation with base year of 1995). This portion of the
preamble summarizes the FAA's analysis of the economic impacts of this
final rule.
Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it to be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this final rule. The reasoning
for this determination follows.
The FAA is extending the effective date for the rules published in
the Helicopter Air Ambulance, Commercial Helicopter, and Part 91
Helicopter Operations final rule on February 21, 2014 that are
scheduled to take effect on April 22, 2014. The effective date of April
22, 2014 does not provide an adequate amount of time for the affected
certificate holders to implement the new requirements. By extending the
effective date to April 22, 2015, the affected certificate holders will
have sufficient time to implement the new requirements.
The expected outcome will be cost relieving for certificate holders
operating rotorcraft under part 135 and part 91 operators, and
therefore a regulatory evaluation was not prepared. The FAA requests
comments with supporting justification about the FAA determination of
minimal impact.
The FAA has, therefore, determined that this final rule is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures.
B. Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide-range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
This final rule does not impose any additional costs on affected
entities. Therefore, as provided in section 605(b), the FAA certifies
that this rulemaking will not result in a significant economic impact
on a substantial number of small entities.
C. International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. The FAA has
assessed the potential effect of this final rule and determined that it
will have only a domestic impact and therefore no effect on
international trade.
D. Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $151 million in lieu of $100
million. This final rule does not contain such a mandate; therefore,
the requirements of Title II of the Act do not apply.
E. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there is no new requirement for information collection associated with
this immediately adopted final rule.
F. International Compatibility and Cooperation
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified no differences with these proposed regulations.
Executive Order 13609, Promoting International Regulatory
Cooperation, promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609, and has determined that this action would have
no effect on international regulatory cooperation.
G. Environmental Analysis
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental
[[Page 22012]]
assessment or environmental impact statement under the National
Environmental Policy Act in the absence of extraordinary circumstances.
The FAA has determined this rulemaking action qualifies for the
categorical exclusion identified in paragraph 312f and involves no
extraordinary circumstances.
H. Regulations Affecting Intrastate Aviation in Alaska
Section 1205 of the FAA Reauthorization Act of 1996 (110 Stat.
3213) requires the FAA, when modifying its regulations in a manner
affecting intrastate aviation in Alaska, to consider the extent to
which Alaska is not served by transportation modes other than aviation,
and to establish appropriate regulatory distinctions. As discussed in
the Helicopter Air Ambulance, Commercial Helicopter, and Part 91
Helicopter Operations final rule which instituted the requirements
being delayed by this action, the FAA finds that there is no need to
make any regulatory distinctions in the provisions of this rule. See 79
FR 9932, 9971-72.
V. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this immediately adopted final rule under the
principles and criteria of Executive Order 13132, Federalism. The
agency determined that this action will not have a substantial direct
effect on the States, or the relationship between the Federal
Government and the States, or on the distribution of power and
responsibilities among the various levels of government, and,
therefore, does not have Federalism implications.
B. Executive Order 13211, Regulations That Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this final rule with request for comments under
Executive Order 13211, Actions Concerning Regulations that
Significantly Affect Energy Supply, Distribution, or Use (May 18,
2001). The agency has determined that it is not a ``significant energy
action'' under the executive order and it is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy.
VI. How To Obtain Additional Information
A. Rulemaking Documents
An electronic copy of a rulemaking document my be obtained by using
the Internet--
1. Search the Federal eRulemaking Portal (http://www.regulations.gov);
2. Visit the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or
3. Access the Government Printing Office's Web page at: http://www.gpo.gov/fdsys/.
Copies may also be obtained by sending a request (identified by
notice, amendment, or docket number of this rulemaking) to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680.
B. Comments Submitted to the Docket
Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the
docket number for this action. Anyone is able to search the electronic
form of all comments received into any of the FAA's dockets by the name
of the individual submitting the comment (or signing the comment, if
submitted on behalf of an association, business, labor union, etc.).
C. Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. A small entity with questions regarding this document,
may contact its local FAA official, or the person listed under the FOR
FURTHER INFORMATION CONTACT heading at the beginning of the preamble.
To find out more about SBREFA on the Internet, visit http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.
List of Subjects in 14 CFR Parts 91, 120, and 135
Air taxis, Aircraft, Airmen, Aviation safety, Reporting and
recordkeeping requirements.
The Amendment
In consideration of the foregoing, the Federal Aviation
Administration amends chapter I of title 14, Code of Federal
Regulations as follows:
PART 135--OPERATING REQUIREMENTS: COMMUTER AND ON DEMAND OPERATIONS
AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
0
1. The authority citation for part 135 continues to read as follows:
Authority: 49 U.S.C. 106(f), 106(g), 41706, 40113, 44701-44702,
44705, 44709, 44711-44713, 44715-44717, 44722, 44730, 45101-45105,
Pub. L. 112-95, 126 Stat. 58 (49 U.S.C. 44730).
0
2. Amend Sec. 135.293 by removing the phrase ``After the next
scheduled competency check after April 22, 2014'' from the beginning of
paragraph (a)(9) and adding paragraph (h) to read as follows:
Sec. 135.293 Initial and recurrent pilot testing requirements.
* * * * *
(h) Rotorcraft pilots must be tested on the subjects in paragraph
(a)(9) of this section when taking a written or oral knowledge test
after April 22, 2015. Rotorcraft pilots must be checked on the
maneuvers and procedures in paragraph (c) of this section when taking a
competency check after April 22, 2015.
Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44703 in Washington, DC, on April 15, 2014.
Michael G. Whitaker,
Deputy Administrator, Federal Aviation Administration.
[FR Doc. 2014-09034 Filed 4-17-14; 11:15 am]
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