Nationality and Registration Marks, Non Fixed-Wing Aircraft, 52467-52470 [E7-18197]
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52467
Rules and Regulations
Federal Register
Vol. 72, No. 178
Friday, September 14, 2007
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 under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents. Prices of
new books are listed in the first FEDERAL
REGISTER issue of each week.
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 45
[Docket No. FAA–2007–27173; Amendment
No. 45–25]
RIN 2120–AJ02
Nationality and Registration Marks,
Non Fixed-Wing Aircraft
Federal Aviation
Administration (FAA), DOT.
ACTION: Direct final rule; request for
comments.
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AGENCY:
SUMMARY: This direct final rule will
permit operators of U.S. registered
powered parachutes and weight-shiftcontrol aircraft to display their
nationality and registration marks in
other than a horizontal orientation on
the fuselage, a structural member, or a
component of the aircraft. It will also
clarify the size requirements for these
marks. This action will provide a
solution to the challenges faced by
many operators in complying with
current regulations that require these
marks to be displayed horizontally on a
fuselage structural member. This rule
will eliminate the need for affected
operators to petition for an exemption
from current nationality and registration
marks requirements.
DATES: Effective November 13, 2007.
Comments for inclusion in the Rules
Docket must be received on or before
October 15, 2007.
ADDRESSES: You may send comments
identified by Docket Number FAA–
2007–27173 using any of the following
methods:
• DOT Docket Web site: Go to
https://dms.dot.gov and follow the
instructions for sending your comments
electronically.
• Government-wide rulemaking Web
site: Go to https://www.regulations.gov
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and follow the instructions for sending
your comments electronically.
• Mail: Send comments to the Docket
Management Facility; U.S. Department
of Transportation, 1200 New Jersey
Avenue, SE., West Building Ground
Floor, Room W12–140, Washington, DC
20590.
• Fax: Fax comments to the Docket
Management Facility at 202–493–2251.
• Hand Delivery: Bring comments to
the Docket Management Facility in
Room W12–140, 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 more information on the rulemaking
process, see the SUPPLEMENTARY
INFORMATION section of this document.
Docket: To read background
documents or comments received, go to
https://dms.dot.gov at any time or to
Room W12–140, West Building Ground
Floor, 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:
Grant Schneemann, AIR–230,
Airworthiness Branch, Production and
Airworthiness Division, Aircraft
Certification Service, Federal Aviation
Administration, 800 Independence
Avenue, SW., Washington, DC 20591;
telephone (202) 267–8473; facsimile
(202) 267–5580; e-mail
grant.schneemann@faa.gov.
Currently,
§ 45.27(e) of Title 14 of the Code of
Federal Regulations (14 CFR) requires
operators of U.S. registered powered
parachutes and weight-shift-control
aircraft to display nationality and
registration markings horizontally and
in two diametrically opposite positions
on any fuselage structural member.
However, fuselage structural members
for these aircraft are, quite often,
nothing more than diagonally-mounted
narrow bars. These bars, due to their
size and orientation, are generally
unsuitable for displaying nationality
and registration marks as required by
current regulations. Consequently, the
Experimental Aircraft Association
(EAA) petitioned the FAA for an
exemption from § 45.27(e) of the
regulations to allow horizontal or
vertical display of the required
markings. The EAA also separately
SUPPLEMENTARY INFORMATION:
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petitioned the FAA for rulemaking to
revise § 45.27(e) to the same effect.
In consideration of the varying and
evolving structural designs of powered
parachute and weight-shift-control
aircraft, the FAA is issuing this direct
final rule to accommodate these aircraft
designs and enable them to meet the
intent of the marking requirements. This
amendment will relieve operators of
U.S. registered powered parachute and
weight-shift-control aircraft from the
current requirement to display
nationality and registration marks in
only a horizontal orientation. It will also
relax the requirement that marks be
displayed on a fuselage structural
member, while clarifying the minimum
requirement for 3 inch high markings.
This amendment will permit the display
of marks on the fuselage, on a structural
member of the aircraft, or on a
component of the aircraft. The marks
must be visible by a person standing 90
degrees off the nose of the aircraft.
Because operators will have greater
latitude in displaying nationality and
registration marks, we believe this rule
will allow them to achieve compliance
more easily.
Part 45 also contains requirements
regarding the size of nationality and
registration markings. Section 45.29(f)
states that if any approved surface ‘‘is
not large enough for full-size marks,
marks as large as practicable’’ must be
used. This rule will clarify the size
requirements for nationality and
registration marks by amending
§ 45.29(f) to state the marks for powered
parachutes and weight-shift-control
aircraft must be no less than 3 inches
high. This amendment to § 45.29(f) is
consistent with the size requirements of
§ 45.29(b)(2), which specifies that
powered parachutes and weight-shiftcontrol aircraft must have marks at least
3 inches high.
Authority for This Rulemaking
The FAA’s authority to issue rules
regarding 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 promulgated
under the authority described in
Subtitle VII, Part A, Subpart III, Safety,
Section 44104. Under that section, the
FAA is charged with prescribing
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regulations in the interest of safety for
registering and identifying an aircraft,
engine, propeller, or appliance. This
regulation is within the scope of that
authority because it eliminates a
potentially burdensome marking
requirement on many operators, while
still requiring proper marking and
identification of the affected aircraft.
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The Direct Final Rule Procedure
The FAA anticipates that this
regulation will not result in any adverse
or negative comments and therefore is
issuing a direct final rule. We believe
we will not receive adverse or negative
comments because this action will—
• Eliminate the need for operators to
petition the FAA for an exemption from
the nationality and registration marks
requirements in §§ 45.27 and 45.29.
• Provide relief from a requirement
which, due to varying aircraft designs,
presents challenges for compliance.
• Not place any new requirements or
additional burdens on affected
operators, nor will it require any
changes to existing aircraft.
The regulation will become effective
on the date specified above unless a
written adverse or negative comment or
a written notice of intent to submit an
adverse or negative comment is received
within the comment period. 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 direct
final rule will become effective. If the
FAA does receive, within the comment
period, an adverse or negative comment
which is within the scope of this rule,
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 may be
published with a new comment period.
Comments Invited
The FAA invites interested persons to
participate in this rulemaking by
submitting written comments, data, or
views. We also invite comments relating
to the economic, environmental, energy,
or federalism impacts that might result
from adopting this rule. The most
helpful comments reference a specific
portion of the rule, explain the reason
for any recommended change, and
include supporting data.
We will file in the docket all
comments we receive, as well as a
report summarizing each substantive
public contact with FAA personnel
concerning this proposed rulemaking.
The docket is available for public
inspection before and after the comment
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14:52 Sep 13, 2007
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closing date. If you wish to review the
docket in person, go to the address in
the ADDRESSES section of this preamble
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
You may also review the docket using
the Internet at the web address in the
ADDRESSES section.
Privacy Act: Using the search function
of our docket Web site, anyone can find
and read the comments received into
any of our dockets, including the name
of the individual sending the comment
(or signing the comment on behalf of an
association, business, labor union, etc.).
You may review DOT’s complete
Privacy Act Statement in the Federal
Register published on April 11, 2000
(65 FR 19477–78) or you may visit
https://dms.dot.gov.
Availability of Rulemaking Documents
You may obtain an electronic copy
using the Internet by:
(1) Searching the Department of
Transportation’s electronic Docket
Management System (DMS) web page
(https://dms.dot.gov/search);
(2) Visiting the FAA’s Regulations and
Policy web page at https://www.faa.gov/
regulations_policies/; or
(3) Accessing the Government
Printing Office’s web page at https://
www.gpoaccess.gov/fr/.
You may also obtain a copy 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. Make sure to
identify the docket number, notice
number, or amendment number of this
rulemaking.
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.
Therefore, any small entity that has a
question regarding this document may
contact their local FAA official, or the
person listed under FOR FURTHER
INFORMATION CONTACT. You can find out
more about SBREFA on the Internet at
our site, https://www.faa.gov/
regulations_policies/rulemaking/
sbre_act/.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3507(d)), requires the FAA to
consider the impact of paperwork and
other information collection burdens
imposed on the public. We have
determined that there are no new
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information collection requirements
associated with these amendments.
International Compatibility
In keeping with U.S. obligations
under the Convention on International
Civil Aviation, it is FAA policy to
comply with 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 regulations.
Regulatory Evaluation, Regulatory
Flexibility Determination, International
Trade Impact Assessment, and
Unfunded Mandates Assessment
Changes to Federal regulations must
undergo several economic analyses.
First, Executive Order 12866 directs 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 direct 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 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 direct final rule. The reasoning for
this determination follows:
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This direct final rule will not impose
any cost on operators of U.S. registered
powered parachute and weight-shiftcontrol aircraft. It is relieving in nature,
and is intended to eliminate the need
for affected operators to petition for an
exemption from current nationality and
registration marks requirements. It will
not require any change to the location
of existing nationality or registration
marks.
FAA has, therefore determined that
this direct 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.
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
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 direct final rule will not impose
any cost on operators of U.S. registered
powered parachute and weight-shiftcontrol aircraft. It is relieving in nature,
and eliminates the need for affected
operators to petition for an exemption
from current nationality and registration
marks requirements. It will not require
any change to the location of existing
nationality or registration marks.
Therefore, as the FAA Administrator,
I certify that this rule will not have a
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significant economic impact on a
substantial number of small entities.
International Trade Impact Assessment
The Trade Agreements Act of 1979
(Pub. L. 96–39) prohibits Federal
agencies from establishing any
standards or engaging in related
activities that create unnecessary
obstacles to the foreign commerce of the
United States. Legitimate domestic
objectives, such as safety, are not
considered unnecessary obstacles. 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 direct final
rule and has determined that it will
have only a domestic impact and,
therefore, no affect on international
trade.
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
(adjusted annually for inflation with the
base year 1995) 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
$128.1 million in lieu of $100 million.
This direct final rule does not contain
such a mandate.
Executive Order 13132, Federalism
The FAA has analyzed this direct
final rule under the principles and
criteria of Executive Order 13132,
Federalism. We determined that this
action will not have a substantial direct
effect on the States, or the relationship
between the national Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. Therefore,
we determined that this direct final rule
does not have federalism implications.
Environmental Analysis
FAA Order 1050.1E 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 proposed
rulemaking action qualifies for the
categorical exclusion identified in
paragraph 312 and involves no
extraordinary circumstances.
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52469
Regulations That Significantly Affect
Energy Supply, Distribution, or Use
The FAA has analyzed this direct
final rule under Executive Order 13211,
Actions Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use (66 FR 28355, May
18, 2001). We have determined that it is
not a ‘‘significant energy action’’ under
the Executive Order because it is not a
‘‘significant regulatory action’’ under
Executive Order 12866, and it is not
likely to have a significant adverse effect
on the supply, distribution, or use of
energy.
List of Subjects in 14 CFR Part 45
Aircraft, Exports, Signs and symbols.
Adoption of the Amendment
Accordingly, the Federal Aviation
Administration amends part 45 of the
Federal Aviation Regulations (14 CFR
part 45) as follows:
I
PART 45—IDENTIFICATION AND
REGISTRATION MARKING
1. The authority citation for part 45
continues to read as follows:
I
Authority: 49 U.S.C. 106(g), 40103, 44109,
40113–40114, 44101–44105, 44107–44108,
44110–44111, 44504, 44701, 44708–44709,
44711–44713, 44725, 45302–45303, 46104–
46304, 46306, 47122.
2. Amend § 45.27 to revise paragraph
(e) to read as follows:
I
§ 45.27 Location of marks; nonfixed-wing
aircraft.
*
*
*
*
*
(e) Powered parachutes and weightshift-control aircraft. Each operator of a
powered parachute or a weight-shiftcontrol aircraft must display the marks
required by §§ 45.23 and 45.29(b)(2) of
this part. The marks must be displayed
in two diametrically opposite positions
on the fuselage, a structural member, or
a component of the aircraft and must be
visible from the side of the aircraft.
I 3. Amend § 45.29 to revise paragraph
(f) to read as follows:
§ 45.29
Size of marks.
*
*
*
*
*
(f) If either one of the surfaces
authorized for displaying required
marks under § 45.25 is large enough for
display of marks meeting the size
requirements of this section and the
other is not, full size marks shall be
placed on the larger surface. If neither
surface is large enough for full-size
marks, marks as large as practicable
shall be displayed on the larger of the
two surfaces. If no surface authorized to
be marked by § 45.27 is large enough for
full-size marks, marks as large as
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practicable shall be placed on the largest
of the authorized surfaces. However,
powered parachutes and weight-shiftcontrol aircraft must display marks at
least 3 inches high.
*
*
*
*
*
Issued in Washington, DC, on July 30,
2007.
Marion C. Blakey,
Administrator.
[FR Doc. E7–18197 Filed 9–13–07; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF THE TREASURY
Internal Revenue Service
26 CFR Part 1
[TD 9339]
RIN 1545–BG44
Qualified Zone Academy Bonds;
Obligations of States and Political
Subdivisions; Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correction to final and
temporary regulations.
AGENCY:
SUMMARY: This document contains
corrections to final and temporary
regulations (TD 9339) that were
published in the Federal Register on
Monday, July 16, 2007 (72 FR 38767)
providing guidance to state and local
governments that issue qualified zone
academy bonds and to banks, insurance
companies, and other taxpayers that
hold those bonds on the program
requirements for qualified zone
academy bonds.
DATES: The correction is effective
September 14, 2007.
FOR FURTHER INFORMATION CONTACT:
Timothy L. Jones or Zoran Stojanovic,
(202) 622–3980 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The final and temporary regulations
that are the subject of this correction are
under section 1397E of the Internal
Revenue Code.
Need for Correction
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As published, final and temporary
regulations (TD 9339) contain errors that
may prove to be misleading and are in
need of clarification.
Correction of Publication
Accordingly, the publication of the
final and temporary regulations (TD
9339), which was the subject of FR Doc.
E7–13665, is corrected as follows:
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14:52 Sep 13, 2007
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1. On page 38767, column 3, in the
preamble, under the caption DATES:, line
4, the language ‘‘applicability, see
§ 1.1397E–1(m) of’’ is corrected to read
‘‘applicability, see § 1.1397E–1T(m) of’’.
2. On page 38768, column 3, in the
preamble, under the paragraph heading
‘‘C. Proceeds for Purposes of the Use
and Spending Requirements’’, line 3 of
the paragraph, the language ‘‘provisions
of QZAB provisions’’ is corrected to
read ‘‘QZAB provisions’’.
3. On page 38769, column 3, in the
preamble, under the paragraph heading
‘‘II. Maximum Term’’, lines 1 and 2 from
bottom of the fourth paragraph of the
column, the language ‘‘securities
(https://www.publicdebt.treas.gov).’’ is
corrected to read ‘‘securities (https://
www.treasurydirect.gov).’’.
4. On page 38772, column 1, in the
preamble, under the subparagraph
heading ‘‘3. Failure to Properly Use
Proceeds’’, third paragraph, the
language ‘‘The Temporary Regulations
retain these provisions.’’ is inserted at
the end of the paragraph.
5. On page 38774, column 1, in the
preamble, under the paragraph heading
‘‘Effective/Applicability Dates’’, last line
of the fourth paragraph, the language
‘‘§ 1.1379E(m),’’ is corrected to read
‘‘§ 1.1379E—1T(m).’’.
LaNita Van Dyke,
Chief, Publications and Regulations Branch,
Legal Processing Division, Associate Chief
Counsel (Procedure and Administration).
[FR Doc. E7–18180 Filed 9–13–07; 8:45 am]
BILLING CODE 4830–01–P
requirements for qualified zone
academy bonds.
DATES: The correction is effective
September 14, 2007.
FOR FURTHER INFORMATION CONTACT:
Timothy L. Jones or Zoran Stojanovic,
(202) 622–3980 (not a toll-free number).
SUPPLEMENTARY INFORMATION:
Background
The final and temporary regulations
that are the subject of this correction are
under section 1397E of the Internal
Revenue Code.
Need for Correction
As published, final and temporary
regulations (TD 9339) contain errors that
may prove to be misleading and are in
need of clarification.
List of Subjects in 26 CFR Part 1
Income taxes, Reporting and
recordkeeping requirements.
Correction of Publication
Accordingly, 26 CFR part 1 is
corrected by making the following
amendments:
I
PART 1—INCOME TAXES
Paragraph 1. The authority citation
for part 1 continues to read, in part, as
follows:
I
Authority: 26 U.S.C. 7805 * * *
Par. 2. Section 1.1397E–1T is
amended by revising paragraphs
(h)(2)(iii)(B), (h)(7)(ii)(D)(2)(ii), and
(h)(9)(i)(6) to read as follows:
I
DEPARTMENT OF THE TREASURY
§ 1.1397E–1T Qualified zone academy
bonds (temporary).
Internal Revenue Service
*
26 CFR Part 1
[TD 9339]
RIN 1545–BG44
Qualified Zone Academy Bonds;
Obligations of States and Political
Subdivisions; Correction
Internal Revenue Service (IRS),
Treasury.
ACTION: Correcting amendments.
AGENCY:
SUMMARY: This document contains
corrections to final and temporary
regulations (TD 9339) that were
published in the Federal Register on
Monday, July 16, 2007 (72 FR 38767)
providing guidance to state and local
governments that issue qualified zone
academy bonds and to banks, insurance
companies, and other taxpayers that
hold those bonds on the program
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*
*
*
*
(h) * * *
(2) * * *
(iii) * * *
(B) The expenditure of at least 95
percent of the proceeds from the sale of
the issue for a qualified purpose with
respect to a qualified zone academy will
continue to proceed with due diligence.
*
*
*
*
*
(7) * * *
(ii) * * *
(D) * * *
(2) * * *
(ii) The first date on which an action
is taken that causes the issuer to fail
actually to use at least 95 percent of the
proceeds of the issue for a qualified
purpose with respect to a qualified zone
academy.
*
*
*
*
*
(9) * * *
(i) * * *
(6) Certain defeasance escrow
earnings. With respect to a defeasance
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]]>Agencies
[Federal Register Volume 72, Number 178 (Friday, September 14, 2007)]
[Rules and Regulations]
[Pages 52467-52470]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-18197]
========================================================================
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
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
Federal Register / Vol. 72, No. 178 / Friday, September 14, 2007 /
Rules and Regulations
[[Page 52467]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 45
[Docket No. FAA-2007-27173; Amendment No. 45-25]
RIN 2120-AJ02
Nationality and Registration Marks, Non Fixed-Wing Aircraft
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This direct final rule will permit operators of U.S.
registered powered parachutes and weight-shift-control aircraft to
display their nationality and registration marks in other than a
horizontal orientation on the fuselage, a structural member, or a
component of the aircraft. It will also clarify the size requirements
for these marks. This action will provide a solution to the challenges
faced by many operators in complying with current regulations that
require these marks to be displayed horizontally on a fuselage
structural member. This rule will eliminate the need for affected
operators to petition for an exemption from current nationality and
registration marks requirements.
DATES: Effective November 13, 2007. Comments for inclusion in the Rules
Docket must be received on or before October 15, 2007.
ADDRESSES: You may send comments identified by Docket Number FAA-2007-
27173 using any of the following methods:
DOT Docket Web site: Go to https://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to https://
www.regulations.gov and follow the instructions for sending your
comments electronically.
Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
Fax: Fax comments to the Docket Management Facility at
202-493-2251.
Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140, 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 more information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
Docket: To read background documents or comments received, go to
https://dms.dot.gov at any time or to Room W12-140, West Building Ground
Floor, 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: Grant Schneemann, AIR-230,
Airworthiness Branch, Production and Airworthiness Division, Aircraft
Certification Service, Federal Aviation Administration, 800
Independence Avenue, SW., Washington, DC 20591; telephone (202) 267-
8473; facsimile (202) 267-5580; e-mail grant.schneemann@faa.gov.
SUPPLEMENTARY INFORMATION: Currently, Sec. 45.27(e) of Title 14 of the
Code of Federal Regulations (14 CFR) requires operators of U.S.
registered powered parachutes and weight-shift-control aircraft to
display nationality and registration markings horizontally and in two
diametrically opposite positions on any fuselage structural member.
However, fuselage structural members for these aircraft are, quite
often, nothing more than diagonally-mounted narrow bars. These bars,
due to their size and orientation, are generally unsuitable for
displaying nationality and registration marks as required by current
regulations. Consequently, the Experimental Aircraft Association (EAA)
petitioned the FAA for an exemption from Sec. 45.27(e) of the
regulations to allow horizontal or vertical display of the required
markings. The EAA also separately petitioned the FAA for rulemaking to
revise Sec. 45.27(e) to the same effect.
In consideration of the varying and evolving structural designs of
powered parachute and weight-shift-control aircraft, the FAA is issuing
this direct final rule to accommodate these aircraft designs and enable
them to meet the intent of the marking requirements. This amendment
will relieve operators of U.S. registered powered parachute and weight-
shift-control aircraft from the current requirement to display
nationality and registration marks in only a horizontal orientation. It
will also relax the requirement that marks be displayed on a fuselage
structural member, while clarifying the minimum requirement for 3 inch
high markings. This amendment will permit the display of marks on the
fuselage, on a structural member of the aircraft, or on a component of
the aircraft. The marks must be visible by a person standing 90 degrees
off the nose of the aircraft. Because operators will have greater
latitude in displaying nationality and registration marks, we believe
this rule will allow them to achieve compliance more easily.
Part 45 also contains requirements regarding the size of
nationality and registration markings. Section 45.29(f) states that if
any approved surface ``is not large enough for full-size marks, marks
as large as practicable'' must be used. This rule will clarify the size
requirements for nationality and registration marks by amending Sec.
45.29(f) to state the marks for powered parachutes and weight-shift-
control aircraft must be no less than 3 inches high. This amendment to
Sec. 45.29(f) is consistent with the size requirements of Sec.
45.29(b)(2), which specifies that powered parachutes and weight-shift-
control aircraft must have marks at least 3 inches high.
Authority for This Rulemaking
The FAA's authority to issue rules regarding 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 promulgated under the authority described in
Subtitle VII, Part A, Subpart III, Safety, Section 44104. Under that
section, the FAA is charged with prescribing
[[Page 52468]]
regulations in the interest of safety for registering and identifying
an aircraft, engine, propeller, or appliance. This regulation is within
the scope of that authority because it eliminates a potentially
burdensome marking requirement on many operators, while still requiring
proper marking and identification of the affected aircraft.
The Direct Final Rule Procedure
The FAA anticipates that this regulation will not result in any
adverse or negative comments and therefore is issuing a direct final
rule. We believe we will not receive adverse or negative comments
because this action will--
Eliminate the need for operators to petition the FAA for
an exemption from the nationality and registration marks requirements
in Sec. Sec. 45.27 and 45.29.
Provide relief from a requirement which, due to varying
aircraft designs, presents challenges for compliance.
Not place any new requirements or additional burdens on
affected operators, nor will it require any changes to existing
aircraft.
The regulation will become effective on the date specified above
unless a written adverse or negative comment or a written notice of
intent to submit an adverse or negative comment is received within the
comment period. 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
direct final rule will become effective. If the FAA does receive,
within the comment period, an adverse or negative comment which is
within the scope of this rule, 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
may be published with a new comment period.
Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. We also
invite comments relating to the economic, environmental, energy, or
federalism impacts that might result from adopting this rule. The most
helpful comments reference a specific portion of the rule, explain the
reason for any recommended change, and include supporting data.
We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. The docket is available for public
inspection before and after the comment closing date. If you wish to
review the docket in person, go to the address in the ADDRESSES section
of this preamble between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. You may also review the docket using the
Internet at the web address in the ADDRESSES section.
Privacy Act: Using the search function of our docket Web site,
anyone can find and read the comments received into any of our dockets,
including the name of the individual sending the comment (or signing
the comment on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78) or you may visit
https://dms.dot.gov.
Availability of Rulemaking Documents
You may obtain an electronic copy using the Internet by:
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) web page (https://dms.dot.gov/search);
(2) Visiting the FAA's Regulations and Policy web page at https://
www.faa.gov/regulations_policies/; or
(3) Accessing the Government Printing Office's web page at https://
www.gpoaccess.gov/fr/.
You may also obtain a copy 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. Make
sure to identify the docket number, notice number, or amendment number
of this rulemaking.
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. Therefore, any small entity that has a question regarding
this document may contact their local FAA official, or the person
listed under FOR FURTHER INFORMATION CONTACT. You can find out more
about SBREFA on the Internet at our site, https://www.faa.gov/
regulations_policies/rulemaking/sbre_act/.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), requires
the FAA to consider the impact of paperwork and other information
collection burdens imposed on the public. We have determined that there
are no new information collection requirements associated with these
amendments.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
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 regulations.
Regulatory Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs 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 direct 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 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 direct final rule. The
reasoning for this determination follows:
[[Page 52469]]
This direct final rule will not impose any cost on operators of
U.S. registered powered parachute and weight-shift-control aircraft. It
is relieving in nature, and is intended to eliminate the need for
affected operators to petition for an exemption from current
nationality and registration marks requirements. It will not require
any change to the location of existing nationality or registration
marks.
FAA has, therefore determined that this direct 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.
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 direct final rule will not impose any cost on operators of
U.S. registered powered parachute and weight-shift-control aircraft. It
is relieving in nature, and eliminates the need for affected operators
to petition for an exemption from current nationality and registration
marks requirements. It will not require any change to the location of
existing nationality or registration marks.
Therefore, as the FAA Administrator, I certify that this rule will
not have a significant economic impact on a substantial number of small
entities.
International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Legitimate domestic objectives, such as safety, are
not considered unnecessary obstacles. 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 direct final rule and has determined that it
will have only a domestic impact and, therefore, no affect on
international trade.
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
(adjusted annually for inflation with the base year 1995) 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 $128.1 million in lieu of $100 million.
This direct final rule does not contain such a mandate.
Executive Order 13132, Federalism
The FAA has analyzed this direct final rule under the principles
and criteria of Executive Order 13132, Federalism. We determined that
this action will not have a substantial direct effect on the States, or
the relationship between the national Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. Therefore, we determined that this direct final rule
does not have federalism implications.
Environmental Analysis
FAA Order 1050.1E 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 proposed rulemaking action qualifies for the
categorical exclusion identified in paragraph 312 and involves no
extraordinary circumstances.
Regulations That Significantly Affect Energy Supply, Distribution, or
Use
The FAA has analyzed this direct final rule under Executive Order
13211, Actions Concerning Regulations that Significantly Affect Energy
Supply, Distribution, or Use (66 FR 28355, May 18, 2001). We have
determined that it is not a ``significant energy action'' under the
Executive Order because it is not a ``significant regulatory action''
under Executive Order 12866, and it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.
List of Subjects in 14 CFR Part 45
Aircraft, Exports, Signs and symbols.
Adoption of the Amendment
0
Accordingly, the Federal Aviation Administration amends part 45 of the
Federal Aviation Regulations (14 CFR part 45) as follows:
PART 45--IDENTIFICATION AND REGISTRATION MARKING
0
1. The authority citation for part 45 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 44109, 40113-40114, 44101-
44105, 44107-44108, 44110-44111, 44504, 44701, 44708-44709, 44711-
44713, 44725, 45302-45303, 46104-46304, 46306, 47122.
0
2. Amend Sec. 45.27 to revise paragraph (e) to read as follows:
Sec. 45.27 Location of marks; nonfixed-wing aircraft.
* * * * *
(e) Powered parachutes and weight-shift-control aircraft. Each
operator of a powered parachute or a weight-shift-control aircraft must
display the marks required by Sec. Sec. 45.23 and 45.29(b)(2) of this
part. The marks must be displayed in two diametrically opposite
positions on the fuselage, a structural member, or a component of the
aircraft and must be visible from the side of the aircraft.
0
3. Amend Sec. 45.29 to revise paragraph (f) to read as follows:
Sec. 45.29 Size of marks.
* * * * *
(f) If either one of the surfaces authorized for displaying
required marks under Sec. 45.25 is large enough for display of marks
meeting the size requirements of this section and the other is not,
full size marks shall be placed on the larger surface. If neither
surface is large enough for full-size marks, marks as large as
practicable shall be displayed on the larger of the two surfaces. If no
surface authorized to be marked by Sec. 45.27 is large enough for
full-size marks, marks as large as
[[Page 52470]]
practicable shall be placed on the largest of the authorized surfaces.
However, powered parachutes and weight-shift-control aircraft must
display marks at least 3 inches high.
* * * * *
Issued in Washington, DC, on July 30, 2007.
Marion C. Blakey,
Administrator.
[FR Doc. E7-18197 Filed 9-13-07; 8:45 am]
BILLING CODE 4910-13-P
