Rotorcraft Pilot Compartment View, 71412-71415 [2016-24957]
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Proposed Rules
Federal Register
Vol. 81, No. 200
Monday, October 17, 2016
This section of the FEDERAL REGISTER
contains notices to the public of the proposed
issuance of rules and regulations. The
purpose of these notices is to give interested
persons an opportunity to participate in the
rule making prior to the adoption of the final
rules.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 27 and 29
[Docket No.: FAA–2016–9275; Notice No.
16–07]
RIN 2120–AK91
OFFICE OF SPECIAL COUNSEL
Rotorcraft Pilot Compartment View
5 CFR Part 1800
Federal Aviation
Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking
(NPRM).
AGENCY:
Filing of Complaints of Prohibited
Personnel Practices or other
Prohibited Activities and Filing
Disclosures of Information; Correction
AGENCY:
U.S. Office of Special Counsel.
Notice of proposed rulemaking
and related information collection
activity; Correction.
ACTION:
This document corrects the
Addresses section to a proposed rule
published in the Federal Register as of
September 2, 2016, regarding Filing of
Complaints of Prohibited Personnel
Practices or other Prohibited Activities
and Filing Disclosures of Information.
This correction addresses a
typographical error in the email address
used for submitting a comment pursuant
to the notice.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Kenneth Hendricks, (202) 254–3600.
Correction
In proposed rule FR Doc. 2016–20527,
on page 1 in the issue of September 2,
2016, make the following correction in
the ADDRESSES section of the preamble.
On page 1 on the last line of the second
bullet, change the email address to the
following: ‘‘oira_submission@
omb.eop.gov’’
Dated: October 11, 2016.
Bruce Gipe,
Chief Operating Officer.
[FR Doc. 2016–24974 Filed 10–14–16; 8:45 am]
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The FAA is proposing to
revise its rules for pilot compartment
view to allow ground tests to
demonstrate compliance for night
operations. The current regulations
require night flight testing to
demonstrate compliance, which is not
necessary in every case. The proposed
rule would relieve the burden of
performing a night flight test under
certain conditions.
DATES: Send comments on or before
November 16, 2016.
ADDRESSES: Send comments identified
by docket number (Docket No.: FAA–
2016–9275) using any of the following
methods:
• Federal eRulemaking Portal: Go to
https://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.
SUMMARY:
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Docket: Background documents or
comments received may be read at
https://www.regulations.gov at any time.
Follow the online instructions for
accessing the docket or go to the 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 Clark Davenport,
Aviation Safety Engineer, Safety
Management Group, Rotorcraft
Directorate, FAA, 10101 Hillwood
Pkwy, Fort Worth, TX 76177; telephone
(817) 222–5151; email
Clark.Davenport@faa.gov.
SUPPLEMENTARY INFORMATION:
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 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 issued under the
authority described in Subtitle VII, Part
A, Subpart III, Sections 44701 and
44704. Under that section, the FAA is
charged with prescribing regulations
promoting safe flight of civil aircraft in
air commerce by prescribing minimum
standards required in the interest of
safety for the design and performance of
aircraft. Under section 44704, the
Administrator issues type certificates for
aircraft, aircraft engines, propellers, and
specified appliances when the
Administrator finds the product is
properly designed and manufactured,
performs properly, and meets the
regulations and minimum standards
prescribed under section 44701(a). This
regulation is within the scope of these
authorities because it would promote
safety by updating the existing
minimum prescribed standards used
during the type certification process to
address an equivalent method of
showing compliance.
I. Background
Statement of the Problem
The FAA’s rules on airworthiness
standards for the pilot compartment in
rotorcraft and the requirements for each
pilot’s view from that compartment are
located in parts 27 and 29 of title 14 of
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the Code of Federal Regulations.
Specifically, §§ 27.773(a) and 29.773(a)
require that each pilot compartment
must be free of glare and reflection that
could interfere with the pilot’s view.
Sections 27.773(b) and 29.773(b) require
a flight test to show compliance with
paragraph (a) if certification for night
operations is requested. While this
requirement applies to all applicants for
rotorcraft installations that may affect
the pilot’s ability to see outside the
aircraft, the FAA has determined that a
flight test may not be the only means
available to show compliance for some
modifications. As a result, the FAA has
concluded that the current requirements
in §§ 27.773 and 29.773 are imposing an
unnecessary economic burden on
applicants for certification for night
operation.
II. Discussion of the Proposal
Currently, §§ 27.773(b) and 29.773(b)
require all applicants for certification
for night operations to conduct a night
flight test to show compliance with
§§ 27.773(a) and 29.773(a). While
manufacturers of newly type certificated
rotorcraft will conduct night flight tests
to comply with other rules and do not
view this requirement as a significant
additional burden, supplemental type
certificate (STC) and field approval
applicants have questioned the night
flight test requirement for changes to the
rotorcraft type design. STC and field
approval applicants who add a piece of
avionics equipment that minimally
changes the lighting characteristics of
the cockpit, for example a navigation or
communication radio, have stated the
requirement for a flight test is too costly
compared to the scope of the
modification.
As an alternative, the applicants have
proposed performing a ground test
simulating night conditions. In some
cases, a ground test will meet the
requirements of §§ 27.773(b) and
29.773(b) while significantly reducing
the cost and burden to the applicant.
Upon review of the flight test
requirements in §§ 27.773(b) and
29.773(b), based on the feedback
received from numerous applicants, the
FAA proposes to allow a ground test as
an alternative to a night flight test in
certain cases to show compliance for
night operations. The FAA has
determined that internal lighting
modifications can be evaluated with a
ground test, whereas external lighting
modifications may require a flight test.
For example, the applicant could
demonstrate compliance by creating an
environment where external light is
blocked from entering the cockpit or
where the rotorcraft is placed in a
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darkened hangar, paint booth, or other
environment. In such a situation, the
FAA has concluded that a ground test
should provide the same level of safety
as the existing regulations. The
conditions under which a ground test
would be acceptable and an acceptable
means of compliance for the ground test
would be addressed in Advisory
Circular (AC) 27–1B, Certification of
Normal Category Rotorcraft and AC 29–
2C, Certification of Transport Category
Rotorcraft.1
Though the proposed rule would
allow applicants to show compliance
either by a flight test or ground test, it
would not preclude the use of a night
flight test. An applicant may conduct a
flight test at night for other reasons and
choose to use that flight to show
compliance with §§ 27.773 or 29.773.
The FAA finds that the proposed change
to allow a ground test as an option
would be relieving to industry.
III. 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
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 proposed rule.
Department of Transportation Order
DOT 2100.5 prescribes policies and
procedures for simplification, analysis,
1 https://rgl.faa.gov/Regulatory_and_Guidance_
Library/.
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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 proposed rule. The reasoning for
this determination follows. The current
regulations require night flight testing to
demonstrate compliance for night
operations. The proposed rule provides
a ground test as an alternative to a night
flight test in certain cases, such as
internal lighting modifications. The
requirements for a ground test are less
stringent than a night flight test. Thus,
the proposed rule would relieve the
industry from the burden of performing
a night flight test under certain
conditions. The expected outcome
would be a minimal economic impact
with positive net benefits, and a
regulatory evaluation was not prepared.
The FAA requests comments with
supporting justification about the FAA
determination of minimal economic
impact. The FAA has, therefore,
determined that this proposed 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-forprofit 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
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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.
The proposed rule provides a ground
test as an alternative to a night flight test
in certain cases, such as internal
lighting modifications. The
requirements for a ground test are less
stringent than a night flight test. Thus,
the proposed rule would relieve the
industry from the burden of performing
a night flight test under certain
conditions. The expected outcome
would be a minimal economic impact
with positive net benefits on any small
entity affected by this rulemaking
action.
If an agency determines that a
rulemaking will not result in a
significant economic impact on a
substantial number of small entities, the
head of the agency may so certify under
section 605(b) of the RFA. Therefore, as
provided in section 605(b), the head of
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 proposed rule
and determined that offers potential
regulatory relief to both domestic and
international entities—thus does not
create unnecessary obstacles to the
foreign commerce of the United States.
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
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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 $155
million in lieu of $100 million. This
proposed 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 would
be no new requirement for information
collection associated with this proposed
rule.
F. International Compatibility
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 determined that there are no ICAO
Standards and Recommended Practices
that correspond to these proposed
regulations.
G. Environmental Analysis
FAA Order 1050.1F identifies FAA
actions that are categorically excluded
from preparation of an environmental
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 5–6.6 and involves no
extraordinary circumstances.
IV. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this proposed
rule under the principles and criteria of
Executive Order 13132, Federalism. The
agency has determined that this action
would 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, would not have Federalism
implications.
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B. Executive Order 13211, Regulations
that Significantly Affect Energy Supply,
Distribution, or Use
The FAA analyzed this proposed rule
under Executive Order 13211, Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The
agency has determined that it would not
be a ‘‘significant energy action’’ under
the executive order and would not be
likely to have a significant adverse effect
on the supply, distribution, or use of
energy.
C. Executive Order 13609, International
Cooperation
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.
V. Additional Information
A. Comments Invited
The FAA invites interested persons to
participate in this rulemaking by
submitting written comments, data, or
views. The agency also invites
comments relating to the economic,
environmental, energy, or federalism
impacts that might result from adopting
the proposals in this document. The
most helpful comments reference a
specific portion of the proposal, explain
the reason for any recommended
change, and include supporting data. To
ensure the docket does not contain
duplicate comments, commenters
should send only one copy of written
comments, or if comments are filed
electronically, commenters should
submit only one time.
The FAA will file in the docket all
comments it receives, as well as a report
summarizing each substantive public
contact with FAA personnel concerning
this proposed rulemaking. Before acting
on this proposal, the FAA will consider
all comments it receives on or before the
closing date for comments. The FAA
will consider comments filed after the
comment period has closed if it is
possible to do so without incurring
expense or delay. The agency may
change this proposal in light of the
comments it receives.
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B. Availability of Rulemaking
Documents
■
2. Amend § 29.773 by revising
paragraph (a)(2) to read as follows:
An electronic copy of rulemaking
documents may be obtained from the
Internet by—
1. Searching the Federal eRulemaking
Portal (https://www.regulations.gov);
2. Visiting the FAA’s Regulations and
Policies Web page at https://
www.faa.gov/regulations_policies or
3. Accessing the Government Printing
Office’s Web page at https://
www.gpo.gov/fdsys/.
Copies may also be obtained by
sending 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. Commenters
must identify the docket or notice
number of this rulemaking.
All documents the FAA considered in
developing this proposed rule,
including economic analyses and
technical reports, may be accessed from
the Internet through the Federal
eRulemaking Portal referenced in item
(1) above.
§ 29.773
List of Subjects
14 CFR Part 29
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 807
[Docket No. FDA–2016–N–2491]
Food and Drug Administration,
HHS.
The Proposed Amendment
ACTION:
In consideration of the foregoing, the
Federal Aviation Administration
proposes to amend chapter I of title 14,
Code of Federal Regulations as follows:
PART 27—AIRWORTHINESS
STANDARDS: NORMAL CATEGORY
ROTORCRAFT
1. The authority citation for part 27
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701–
44702, 44704.
2. Amend § 27.773 by revising
paragraph (b) to read as follows:
■
Pilot Compartment View
*
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BILLING CODE 4910–13–P
AGENCY:
Aircraft, Aviation safety
*
*
*
*
(b) If certification for night operation
is requested, compliance with paragraph
(a) of this section must be shown by
ground or night flight tests.
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.
14:20 Oct 14, 2016
[FR Doc. 2016–24957 Filed 10–14–16; 8:45 am]
Electronic Submission of Labeling for
Certain Home-Use Medical Devices
Aircraft, Aviation safety
VerDate Sep<11>2014
Issued under authority provided by 49
U.S.C. 106(f), 44701(a), and 44703 in
Washington, DC, on October 6, 2016.
Dorenda D. Baker,
Director, Aircraft Certification Service.
RIN 0910–AG79
14 CFR Part 27
§ 27.773
Pilot Compartment View
(a) * * *
(2) Each pilot compartment must be
free of glare and reflection that could
interfere with the pilot’s view. If
certification for night operation is
requested, this must be shown by
ground or night flight tests.
*
*
*
*
*
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Proposed rule.
The Food and Drug
Administration (FDA) is proposing to
implement provisions of the Federal
Food, Drug, and Cosmetic Act (the
FD&C Act) to require electronic
submission of the device label and
package insert of certain home-use
devices when these devices are listed
with FDA. FDA plans to make this
device labeling available to the public
through the Internet and would also
provide search tools to facilitate locating
information concerning a particular
home-use device or a particular type of
home-use device.
DATES: Submit either electronic or
written comments on the proposed rule
by January 17, 2017. In accordance with
21 CFR 10.40(c), in finalizing this
rulemaking FDA will review and
consider all comments submitted before
the time for comment on this proposed
regulation has expired.
Submit comments on information
collection issues under the Paperwork
Reduction Act of 1995 by November 16,
2016; see section VI, the ‘‘Information
Collection Requirements’’ section of this
document. See section VIII of this
document for the proposed effective
SUMMARY:
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date of a final rule based on this
proposed rule.
ADDRESSES: You may submit comments
as follows:
Electronic Submissions
Submit electronic comments in the
following way:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
Comments submitted electronically,
including attachments, to https://
www.regulations.gov will be posted to
the docket unchanged. Because your
comment will be made public, you are
solely responsible for ensuring that your
comment does not include any
confidential information that you or a
third party may not wish to be posted,
such as medical information, your or
anyone else’s Social Security number, or
confidential business information, such
as a manufacturing process. Please note
that if you include your name, contact
information, or other information that
identifies you in the body of your
comments, that information will be
posted on https://www.regulations.gov.
• If you want to submit a comment
with confidential information that you
do not wish to be made available to the
public, submit the comment as a
written/paper submission and in the
manner detailed (see ‘‘Written/Paper
Submissions’’ and ‘‘Instructions’’).
Written/Paper Submissions
Submit written/paper submissions as
follows:
• Mail/Hand delivery/Courier (for
written/paper submissions): Division of
Dockets Management (HFA–305), Food
and Drug Administration, 5630 Fishers
Lane, Rm. 1061, Rockville, MD 20852.
• For written/paper comments
submitted to the Division of Dockets
Management, FDA will post your
comment, as well as any attachments,
except for information submitted,
marked and identified, as confidential,
if submitted as detailed in
‘‘Instructions.’’
Instructions: All submissions received
must include the Docket No. FDA–
2016–N–2491 for ‘‘Electronic
Submission of Labeling for Certain
Home-Use Medical Devices.’’ Received
comments will be placed in the docket
and, except for those submitted as
‘‘Confidential Submissions,’’ publicly
viewable at https://www.regulations.gov
or at the Division of Dockets
Management between 9 a.m. and 4 p.m.,
Monday through Friday.
• Confidential Submissions—To
submit a comment with confidential
information that you do not wish to be
made publicly available, submit your
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]]>Agencies
[Federal Register Volume 81, Number 200 (Monday, October 17, 2016)]
[Proposed Rules]
[Pages 71412-71415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-24957]
=======================================================================
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 27 and 29
[Docket No.: FAA-2016-9275; Notice No. 16-07]
RIN 2120-AK91
Rotorcraft Pilot Compartment View
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking (NPRM).
-----------------------------------------------------------------------
SUMMARY: The FAA is proposing to revise its rules for pilot compartment
view to allow ground tests to demonstrate compliance for night
operations. The current regulations require night flight testing to
demonstrate compliance, which is not necessary in every case. The
proposed rule would relieve the burden of performing a night flight
test under certain conditions.
DATES: Send comments on or before November 16, 2016.
ADDRESSES: Send comments identified by docket number (Docket No.: FAA-
2016-9275) using any of the following methods:
Federal eRulemaking Portal: Go to https://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
https://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the 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 Clark Davenport, Aviation Safety Engineer, Safety
Management Group, Rotorcraft Directorate, FAA, 10101 Hillwood Pkwy,
Fort Worth, TX 76177; telephone (817) 222-5151; email
Clark.Davenport@faa.gov.
SUPPLEMENTARY INFORMATION:
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 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 issued under the authority described in Subtitle
VII, Part A, Subpart III, Sections 44701 and 44704. Under that section,
the FAA is charged with prescribing regulations promoting safe flight
of civil aircraft in air commerce by prescribing minimum standards
required in the interest of safety for the design and performance of
aircraft. Under section 44704, the Administrator issues type
certificates for aircraft, aircraft engines, propellers, and specified
appliances when the Administrator finds the product is properly
designed and manufactured, performs properly, and meets the regulations
and minimum standards prescribed under section 44701(a). This
regulation is within the scope of these authorities because it would
promote safety by updating the existing minimum prescribed standards
used during the type certification process to address an equivalent
method of showing compliance.
I. Background
Statement of the Problem
The FAA's rules on airworthiness standards for the pilot
compartment in rotorcraft and the requirements for each pilot's view
from that compartment are located in parts 27 and 29 of title 14 of
[[Page 71413]]
the Code of Federal Regulations. Specifically, Sec. Sec. 27.773(a) and
29.773(a) require that each pilot compartment must be free of glare and
reflection that could interfere with the pilot's view. Sections
27.773(b) and 29.773(b) require a flight test to show compliance with
paragraph (a) if certification for night operations is requested. While
this requirement applies to all applicants for rotorcraft installations
that may affect the pilot's ability to see outside the aircraft, the
FAA has determined that a flight test may not be the only means
available to show compliance for some modifications. As a result, the
FAA has concluded that the current requirements in Sec. Sec. 27.773
and 29.773 are imposing an unnecessary economic burden on applicants
for certification for night operation.
II. Discussion of the Proposal
Currently, Sec. Sec. 27.773(b) and 29.773(b) require all
applicants for certification for night operations to conduct a night
flight test to show compliance with Sec. Sec. 27.773(a) and 29.773(a).
While manufacturers of newly type certificated rotorcraft will conduct
night flight tests to comply with other rules and do not view this
requirement as a significant additional burden, supplemental type
certificate (STC) and field approval applicants have questioned the
night flight test requirement for changes to the rotorcraft type
design. STC and field approval applicants who add a piece of avionics
equipment that minimally changes the lighting characteristics of the
cockpit, for example a navigation or communication radio, have stated
the requirement for a flight test is too costly compared to the scope
of the modification.
As an alternative, the applicants have proposed performing a ground
test simulating night conditions. In some cases, a ground test will
meet the requirements of Sec. Sec. 27.773(b) and 29.773(b) while
significantly reducing the cost and burden to the applicant.
Upon review of the flight test requirements in Sec. Sec. 27.773(b)
and 29.773(b), based on the feedback received from numerous applicants,
the FAA proposes to allow a ground test as an alternative to a night
flight test in certain cases to show compliance for night operations.
The FAA has determined that internal lighting modifications can be
evaluated with a ground test, whereas external lighting modifications
may require a flight test. For example, the applicant could demonstrate
compliance by creating an environment where external light is blocked
from entering the cockpit or where the rotorcraft is placed in a
darkened hangar, paint booth, or other environment. In such a
situation, the FAA has concluded that a ground test should provide the
same level of safety as the existing regulations. The conditions under
which a ground test would be acceptable and an acceptable means of
compliance for the ground test would be addressed in Advisory Circular
(AC) 27-1B, Certification of Normal Category Rotorcraft and AC 29-2C,
Certification of Transport Category Rotorcraft.\1\
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\1\ https://rgl.faa.gov/Regulatory_and_Guidance_Library/.
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Though the proposed rule would allow applicants to show compliance
either by a flight test or ground test, it would not preclude the use
of a night flight test. An applicant may conduct a flight test at night
for other reasons and choose to use that flight to show compliance with
Sec. Sec. 27.773 or 29.773. The FAA finds that the proposed change to
allow a ground test as an option would be relieving to industry.
III. 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 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 proposed 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 proposed rule. The reasoning for
this determination follows. The current regulations require night
flight testing to demonstrate compliance for night operations. The
proposed rule provides a ground test as an alternative to a night
flight test in certain cases, such as internal lighting modifications.
The requirements for a ground test are less stringent than a night
flight test. Thus, the proposed rule would relieve the industry from
the burden of performing a night flight test under certain conditions.
The expected outcome would be a minimal economic impact with positive
net benefits, and a regulatory evaluation was not prepared. The FAA
requests comments with supporting justification about the FAA
determination of minimal economic impact. The FAA has, therefore,
determined that this proposed 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
[[Page 71414]]
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.
The proposed rule provides a ground test as an alternative to a
night flight test in certain cases, such as internal lighting
modifications. The requirements for a ground test are less stringent
than a night flight test. Thus, the proposed rule would relieve the
industry from the burden of performing a night flight test under
certain conditions. The expected outcome would be a minimal economic
impact with positive net benefits on any small entity affected by this
rulemaking action.
If an agency determines that a rulemaking will not result in a
significant economic impact on a substantial number of small entities,
the head of the agency may so certify under section 605(b) of the RFA.
Therefore, as provided in section 605(b), the head of 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 proposed rule and determined that
offers potential regulatory relief to both domestic and international
entities--thus does not create unnecessary obstacles to the foreign
commerce of the United States.
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 $155 million in lieu of $100
million. This proposed 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 would be no new requirement for information collection associated
with this proposed rule.
F. International Compatibility
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
determined that there are no ICAO Standards and Recommended Practices
that correspond to these proposed regulations.
G. Environmental Analysis
FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental 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 5-6.6 and involves no extraordinary
circumstances.
IV. Executive Order Determinations
A. Executive Order 13132, Federalism
The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism. The agency has
determined that this action would 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, would not have
Federalism implications.
B. Executive Order 13211, Regulations that Significantly Affect Energy
Supply, Distribution, or Use
The FAA analyzed this proposed rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
would not be a ``significant energy action'' under the executive order
and would not be likely to have a significant adverse effect on the
supply, distribution, or use of energy.
C. Executive Order 13609, International Cooperation
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.
V. Additional Information
A. Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit only one time.
The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The FAA will consider comments filed
after the comment period has closed if it is possible to do so without
incurring expense or delay. The agency may change this proposal in
light of the comments it receives.
[[Page 71415]]
B. Availability of Rulemaking Documents
An electronic copy of rulemaking documents may be obtained from the
Internet by--
1. Searching the Federal eRulemaking Portal (https://www.regulations.gov);
2. Visiting the FAA's Regulations and Policies Web page at https://www.faa.gov/regulations_policies or
3. Accessing the Government Printing Office's Web page at https://www.gpo.gov/fdsys/.
Copies may also be obtained by sending 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.
Commenters must identify the docket or notice number of this
rulemaking.
All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed from
the Internet through the Federal eRulemaking Portal referenced in item
(1) above.
List of Subjects
14 CFR Part 27
Aircraft, Aviation safety
14 CFR Part 29
Aircraft, Aviation safety
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend chapter I of title 14, Code of Federal
Regulations as follows:
PART 27--AIRWORTHINESS STANDARDS: NORMAL CATEGORY ROTORCRAFT
0
1. The authority citation for part 27 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704.
0
2. Amend Sec. 27.773 by revising paragraph (b) to read as follows:
Sec. 27.773 Pilot Compartment View
* * * * *
(b) If certification for night operation is requested, compliance
with paragraph (a) of this section must be shown by ground or night
flight tests.
PART 29--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY ROTORCRAFT
0
1. The authority citation for part 29 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, 44704.
0
2. Amend Sec. 29.773 by revising paragraph (a)(2) to read as follows:
Sec. 29.773 Pilot Compartment View
(a) * * *
(2) Each pilot compartment must be free of glare and reflection
that could interfere with the pilot's view. If certification for night
operation is requested, this must be shown by ground or night flight
tests.
* * * * *
Issued under authority provided by 49 U.S.C. 106(f), 44701(a),
and 44703 in Washington, DC, on October 6, 2016.
Dorenda D. Baker,
Director, Aircraft Certification Service.
[FR Doc. 2016-24957 Filed 10-14-16; 8:45 am]
BILLING CODE 4910-13-P
