Update to Air Carrier Definitions, 74995-75020 [2022-25711]

Download as PDF Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 91, 110, 119, 121, 125, 136 [Docket No. FAA–2022–1563; Notice No. 23– 03] RIN 2120–AL80 Update to Air Carrier Definitions Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to amend the regulatory definitions of certain air carrier and commercial operations. This proposed rule would add powered-lift to these definitions to ensure the appropriate sets of rules apply to air carriers’ and certain commercial operators’ operations of aircraft that FAA regulations define as powered-lift. The FAA also proposes to update certain basic requirements that apply to air carrier oversight, such as the contents of operations specifications and the qualifications applicable to certain management personnel. In addition, this proposed rule would apply the rules for commercial air tours to powered-lift. This proposed rule is an important step in the FAA’s integration of new entrant aircraft in the National Airspace System (NAS). DATES: Send comments on or before February 6, 2023. ADDRESSES: Send comments identified by docket number FAA–2022–1563 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), Department of Transportation solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without ddrumheller on DSK6VXHR33PROD with PROPOSALS SUMMARY: VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 edit, including any personal information the commenter provides, to https:// www.regulations.gov, as described in the system of records notice (DOT/ALL– 14 FDMS), which can be reviewed at https://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: Jackie Clow, Aviation Safety Inspector, Air Transportation Division, Flight Standards Service, Federal Aviation Administration, 800 Independence Avenue SW, Washington, DC 20591; telephone: 202–267–8166; email: jackie.a.clow@faa.gov. SUPPLEMENTARY INFORMATION: Table of Contents I. Executive Summary II. Legal Authority III. Discussion of the Proposed Rule A. Powered-Lift in Air Carrier Operations B. Commercial Air Tours and Flights for the Benefit of Charitable, Nonprofit, or Community Events IV. Regulatory Notices and Analyses A. Regulatory Evaluation B. Regulatory Flexibility Determination C. International Trade Impact Assessment D. Unfunded Mandates Assessment E. Paperwork Reduction Act F. International Compatibility and Cooperation G. Environmental Analysis V. Executive Order Determinations A. Executive Order 13132, Federalism B. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use C. Executive Order 13609, Promoting International Regulatory Cooperation VI. Additional Information A. Comments Invited B. Confidential Business Information C. Electronic Access and Filing I. Executive Summary FAA regulations that apply to air carrier operations define five kinds of air carrier operations. The terms the FAA uses for air carrier operations are found in the applicability provisions for the appropriate set of operating rules. With this proposed rule, the FAA incorporates powered-lift into the definitions of five kinds of air carrier operations—commuter, domestic, flag, on-demand, and supplemental. The current air carrier definitions, as well as certain regulations that apply to other commercial operations of aircraft, only refer to ‘‘airplanes’’ and ‘‘rotorcraft.’’ To PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 74995 enable air carrier operations with powered-lift, the FAA proposes adding powered-lift to the definitions in § 110.2 of Title 14 of the Code of Federal Regulations (14 CFR). This proposed rule would also extend the applicability of certain operating rules to poweredlift, such as the rules that apply to large aircraft operations that are not common carrier operations and rules that apply to commercial air tours. The FAA also proposes to update various provisions within 14 CFR part 119 (Certification: Air Carriers and Commercial Operators) to address air carriers’ operations of powered-lift. This proposed rule would amend certain aircraft-specific provisions in § 119.1, which outline the applicability of and exceptions from part 119. This proposed rule would add sight-seeing flights in gliders to the exclusions from part 119. Furthermore, this proposed rule would amend the qualification requirements for personnel in certain management positions for air carriers, to ensure they have appropriate experience in powered-lift operations. This proposed rule would make various technical amendments to part 119 for clarity and revise reflect current FAA practice pertaining to the information included in operations specifications. In addition, the proposed rule will revise certain recordkeeping requirements. II. Legal Authority The FAA’s authority to issue rules on aviation safety is codified throughout Title 49 of the United States Code. The FAA issues this proposed rule under the authority in section 106. Section 106(f) establishes that the Administrator may promulgate regulations and rules. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. Furthermore, section 44701(a)(5) requires the Administrator to promote safe flight of civil aircraft in air commerce by prescribing regulations and setting minimum standards for other practices, methods, and procedures necessary for safety in air commerce and national security. Section 44702 provides express authority to the Administrator to issue certificates under and oversee aviation safety. In addition, section 44701(d)(1)(A) specifically states the Administrator, when prescribing safety regulations, must consider ‘‘the duty of an air carrier to provide service with the highest possible degree of safety in the public interest.’’ Similarly, section 44705 requires the Administrator to prescribe regulations for the issuance of air carrier operating certificates when the Administrator finds, after investigation, that the holder of the E:\FR\FM\07DEP1.SGM 07DEP1 74996 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules ddrumheller on DSK6VXHR33PROD with PROPOSALS certificate is properly and adequately equipped and able to operate safely. The FAA also proposes this rule in accordance with sections 44711 and 44713. Section 44711(a)(4) prohibits a person from operating as an air carrier without an air carrier operating certificate or in violation of a term of the certificate. Similarly, section 44711(a)(5) prohibits a person from operating aircraft in air commerce in violation of a regulation prescribed or a certificate that the FAA issues under section 44701(a) or (b) or under sections 44702– 44716. In addition, section 44713 requires air carriers to hold and comply with air carrier operating certificates and make, or cause to be made, inspections, repairs, or maintenance used in air transportation. Such regulations apply to operators by the provisions of 14 CFR parts 110 and 119, which this proposed rule would amend. III. Discussion of the Proposed Rule This proposed rule would apply part 121 (Operating Requirements: Domestic, Flag, and Supplemental Operations), part 125 (Certification and Operations: Airplanes Having a Seating Capacity of 20 or More Passengers or a Maximum Payload Capacity of 6,000 Pounds or More; and Rules Governing Persons Onboard Such Aircraft), part 135 (Operating Requirements: Commuter and On Demand Operations and Rules Governing Persons Onboard Such Aircraft) and part 136 (Commercial Air Tours and National Parks Air Tour Management) to certain types of operations in powered-lift. This proposed rule would also amend § 91.146 (Passenger-carrying flights for the benefit of a charitable, nonprofit, or community event) and § 91.147 (Passenger carrying flights for compensation or hire) to enable powered-lift into these types of operations. To use consistent aircraft terms throughout parts 110 and 119, the FAA is also proposing to change the term helicopter to rotorcraft within §§ 91.146, 91.147 and part 136. Therefore, all applicability regulations used in commercial service will use the same aircraft terms. The FAA is engaging in a multi-step process of updating the regulations that apply to aircraft that traditionally have not operated under these parts. Overall, the FAA maintains a risk-based approach to the integration of new entrant aircraft into the national airspace system. When operations present a higher level of risk, based on volume of passengers carried and frequency of operation, the FAA will subject such operations to a regulatory framework designed to mitigate those VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 risks. In addition to this rulemaking, the FAA is proposing a Special Federal Aviation Regulation (SFAR), ‘‘Integration of Powered-Lift: Pilot Certification and Operations’’ (RIN 2120–AL72), to establish temporary operating and airman certification regulations for powered-lift. The SFAR will enable industry to begin operating powered-lift while FAA gathers data to develop permanent regulations through a future rulemaking. The FAA plans to use the information gathered in this interim process to update its regulations to address powered-lift operations broadly. A. Powered-Lift in Air Carrier Operations Title 14 CFR 1.1 defines powered-lift as ‘‘a heavier-than-air aircraft capable of vertical takeoff, vertical landing, and low speed flight that depends principally on engine-driven lift devices or engine thrust for lift during these flight regimes and on nonrotating airfoil(s) for lift during horizontal flight.’’ This low airspeed capability could result from aircraft configuration changes such as tilt-wing, tiltrotor, or tilt-propeller; thrust vectoring; direct-lift engines; or other means. In addition, the FAA has previously described poweredlift as being useful for civil applications, as these types of aircraft have ‘‘vertical take-off and landing and hovering capability like helicopters,’’ and are able to ‘‘fly at higher airspeeds like airplanes.’’ 1 At present, various manufacturers are developing powered-lift for civilian use. These aircraft vary in size and passenger-seating configurations and employ both new and traditional kinds of propulsion systems. The operations conceptualized include vertical takeoff and landing capability, transition from low airspeed to high-speed horizontal flight, and sustained level forward flight. Operations with powered-lift could offer many benefits over traditional rotorcraft. For example, some poweredlift may be capable of transporting heavier loads at higher altitudes and faster cruise speeds than a rotorcraft, while maintaining vertical takeoff and landing capability. Such capability may increase efficiency in transporting crew and material to remote locations such as offshore oil rigs. Operators may also seek to use powered-lift for transporting passenger’s point-to-point; for example, such transportation could occur from a heliport and proceed at turboprop 1 Pilot, Flight Instructor, Ground Instructor, and Pilot School Certificate Rules, 60 FR 41160, 41165 (Aug. 11, 1995). PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 airspeeds and ranges. Other opportunities may also exist in concentrated urban environments, where short point-to-point distances coupled with vertical capability may allow for more efficient transportation of passengers or cargo than existing ground transportation methods. Application of the appropriate set of rules for powered-lift in a range of certificate holders’ operations would serve as both a risk mitigation measure and a framework for FAA oversight, as necessary to achieve the requisite level of safety. The requirements of part 119 apply both to air carriers and other commercial operators. Part 119 provides the process for obtaining and maintaining an operating certificate. This proposed rule would apply the appropriate requirements of part 119 to powered-lift operations. 1. Applicability of Operating Rules This proposed rule would amend the following definitions in § 110.2 to include powered-lift: commuter operation, domestic operation, flag operation, on-demand operation, and supplemental operation. Therefore, the rules and applicability sections in 14 CFR chapter 1, subchapter G would include use of powered-lift in the kinds of operations. Amending these definitions along with other provisions of part 119 would enable powered-lift to engage in operations consistent with the applicable statutory framework that applies to air carrier and commercial operations. i. Operations Under Parts 121 and 135 Part 121 applies to three distinct kinds of operations of air carriers: domestic, flag, and supplemental. Both domestic and flag operations under part 121 currently consist of any scheduled flight operation 2 using turbojet powered airplanes, or airplanes that have a passenger-seat configuration of more than 9 passenger seats,3 or that have a payload capacity of more than 7,500 2 For purposes of determining which types of operations are ‘‘scheduled,’’ the FAA uses its definition at § 110.2, which provides, ‘‘[s]cheduled operation means any common carriage passengercarrying operation for compensation or hire conducted by an air carrier or commercial operator for which the certificate holder or its representative offers in advance the departure location, departure time, and arrival location. It does not include any passenger-carrying operation that is conducted as a public charter operation under part 380 of this chapter.’’ 3 Throughout this description of the kinds of operations, each use of the term ‘‘passenger-seat configuration’’ for numerical thresholds and limitations excludes the number of crewmember seats. This is consistent with the existing text of each definition. E:\FR\FM\07DEP1.SGM 07DEP1 ddrumheller on DSK6VXHR33PROD with PROPOSALS Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules pounds. Domestic operations occur between any points within the 48 contiguous states of the United States or the District of Columbia or solely within any state, territory, or possession of the United States. Unlike domestic operations, flag operations are those that occur between any point within the State of Alaska, the State of Hawaii, or any territory or possession of the United States, and any point outside the State of Alaska or the State of Hawaii or any territory or possession of the United States, respectively. Flag operations also include scheduled operations in airplanes that occur between any point within the 48 contiguous States of the United States or the District of Columbia and any point outside the 48 contiguous States of the United States and the District of Columbia, as well as those that occur between any point outside the United States and another point outside the United States. Supplemental operations under part 121 include any common carriage operation for compensation or hire using airplanes that have a passengerseat configuration of more than 30 seats or that have a payload capacity of more than 7,500 pounds. Supplemental operations also include those in which the airplane is also used in domestic or flag operations and is listed in the operations specifications for such operations when the airplane is either propeller-powered and has more than 9 and less than 31 passenger seats, or turbojet-powered and has 1 or more and less than 31 passenger seats. The definition of ‘‘supplemental operation’’ also specifies that the operations are either all-cargo operations, passengercarrying public charter operations under part 380, or operations for which the departure time and location, as well as the arrival location, are specifically negotiated. Part 135 applies to two kinds of operations: on-demand and commuter. On-demand operations are those either conducted as a public charter under part 380 or any operations in which the departure time and location and arrival location are specifically negotiated with the customer and are: in rotorcraft; common carriage operations with airplanes (including turbojetpowered airplanes) that have a passenger-seat configuration of 30 seats or fewer and a payload capacity of 7,500 pounds or less; or noncommon or private carriage operations conducted with airplanes having a passenger-seat configuration of less than 20 seats and a payload capacity of less than 6,000 pounds. On-demand operations also include scheduled passenger-carrying operations that consist of less than five VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 round-trips per week on at least one route between two or more points according to its published flight schedules in airplanes (other than turbojet-powered airplanes) that have a maximum passenger-seat configuration of 9 seats or less and a maximum payload capacity of 7,500 pounds or less, or in any rotorcraft. Finally, ondemand operations also include allcargo operations conducted with airplanes having a payload capacity of 7,500 pounds or less, or with rotorcraft.4 Commuter operations are scheduled operations 5 conducted by any person operating airplanes (other than turbojetpowered airplanes) that have a maximum passenger-seat configuration 6 of 9 seats or less and a maximum payload capacity of 7,500 pounds or less, as well as all rotorcraft, when such operations conduct at least five round trips per week on at least one route between two or more points according to its published flight schedules. Part 121 currently applies to any turbojet-powered airplane with one or more passenger seats used for scheduled operations. Scheduled operations under part 135 that are generally ‘‘commuter’’ operations are limited to 9 seats or fewer and cannot occur in turbojet airplanes. The FAA previously determined that the operations of small turbojets, which are used for operations such as transoceanic, long range and international, are like the operations of large air carriers.7 To ensure safety of passengers carried in those kinds of operations, the provisions of part 121 apply to scheduled operations of turbojet airplanes. This proposed rule would include turbojet-powered powered-lift alongside the term ‘‘turbojet powered airplane’’ to ensure consistency in applying the appropriate risk mitigation measures for operations of turbojet-powered aircraft. Under this proposed rule, part 121 would apply to operations that air carriers conduct with powered-lift when they fulfill the criteria of the definitions of domestic, flag, and supplemental operations, while part 135 would apply to operations that certificate holders conduct with powered-lift that meet the 4 As noted above, ‘‘all-cargo air transportation’’ means ‘‘the transportation by aircraft in interstate air transportation of only property or only mail, or both.’’ 49 U.S.C. 40102(a)(10). 5 The definition of ‘‘scheduled operation’’ is codified at 14 CFR 110.2. 6 Throughout this description of the kinds of operations, each use of the term ‘‘passenger-seat configuration’’ for numerical thresholds and limitations excludes crewmember seats. This is consistent with the existing text of each definition. 7 Commuter Operations and General Certification and Operations Requirements, 60 FR 65832, 65838 (Dec. 20, 1995). PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 74997 criteria of commuter and on-demand operations. Many of the requirements in part 121 are distinct from the requirements that apply to operations under part 135. In this regard, the aircraft passenger-seat configuration and payload capacity maximums that differentiate applicability of parts 121 and 135, are longstanding, regulatory distinctions with which certificate holders are familiar and are appropriate for applying to powered-lift.8 The FAA has crafted operating rules designed to mitigate the risks of operations of aircraft operating under parts 121 and 135. As a result, the scaled approach of risk mitigations in both parts remains appropriate because powered-lift that are large and carry passengers in scheduled operations generally present a higher level of risk. a. 121 Applicability Section 121.1 establishes the applicability of part 121, which prescribes the rules governing air carrier operations conducted under domestic, flag, or supplemental operations. Section 121.1(g) currently states, ‘‘This part also establishes requirements for operators to take actions to support the continued airworthiness of each airplane.’’ Section 121.1(g) is the only paragraph in section 121.1 that currently uses the term ‘‘airplane.’’ The FAA proposes to revise paragraph (g) to apply to ‘‘aircraft’’ instead of ‘‘airplane.’’ This change in section 121.1 is necessary to correspond to the changes in parts 110 and 119 to extend the applicability of these parts to poweredlift. The FAA also proposes to make a technical correction to section 121.1(c) by removing ‘‘SFAR No. 58’’ and replacing it with ‘‘subpart Y’’ which was codified on September 16, 2005. b. Certain Flight Time Limitations and Rest Requirements Under Part 121 With regard to flight time limitations and rest requirements, this proposed rule would amend §§ 121.470, 121.480, and 121.500 to replace the word ‘‘airplanes’’ with the term ‘‘aircraft.’’ Section 121.470 applies the provisions of part 121, subpart Q to domestic allcargo operations; § 121.480 applies the provisions of part 121, subpart R to flag all-cargo operations; and § 121.500 applies the provisions of part 121, 8 In Commuter Operations and General Certification and Operations Requirements, the FAA cited its 1953 rulemaking in which the FAA set forth the requirement that airplanes with a maximum certificated takeoff weight of 12,500 pounds or less would be permitted to carry fewer than 10 passengers in on-demand air taxi service. 60 FR 65832, 65835 (Dec. 20, 1995). E:\FR\FM\07DEP1.SGM 07DEP1 74998 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules subpart S to supplemental all-cargo operations. These sections all contain an exception that is available for certificate holders conducting operations with airplanes having a passenger-seat configuration of 30 seats or fewer (excluding each crewmember seat) and a payload capacity of 7,500 pounds or less: in such airplanes, certificate holders may opt to comply with the requirements of §§ 135.261 through 135.273, rather than the provisions in subparts Q, R, or S of part 121. Permitting this option for powered-lift that conduct operations in aircraft with a seat configuration of 30 seats or fewer (excluding each crewmember seat and a payload capacity of 7,500 pounds or less is appropriate because the FAA has previously determined that specific flight time limitations and rest requirements of §§ 135.261 through 135.273 adequately address the risk associated with lack of rest in such operations.9 In addition, § 121.470 contains an exception for operations conducted entirely within Alaska or Hawaii with airplanes having a passenger-seat configuration of more than 30 seats (excluding each crewmember seat) or a payload capacity of more than 7,500 pounds: these airplanes may comply with subpart R of part 121 instead (pertaining to flag all-cargo operations).10 Permitting this option for powered-lift that conduct such operations entirely within the States of Alaska or Hawaii is appropriate for the same reasons the FAA permits this exception for similarly sized airplanes. Thus, for such operations, the specific flight time limitations and rest requirements of subpart R adequately address the risk associated with lack of rest.11 ddrumheller on DSK6VXHR33PROD with PROPOSALS ii. Operations Under Part 125 As with the applicability of parts 121 and 135 to distinct types of air carrier 9 The FAA states in the preamble to the 2012 final rule, Flightcrew Member Duty and Rest Requirements, that it attempted to impose the least possible burden on air carriers, consistent with the need to improve safety. Consequently, the rule imposes stringent limits in safety-critical areas and less stringent limits in other areas. For example, the FAA recognizes that the costs for all-cargo operations to comply with more stringent duty and rest requirements would ‘‘significantly exceed the quantified societal benefits.’’ See Flightcrew Member Duty and Rest Requirements, 77 FR 330, 332 (Jan. 4, 2012). 10 The FAA allows all-cargo operations conducted entirely within the States of Alaska or Hawaii to comply with the flight time limitations under subpart R—pertaining to flag operations—because those operations are included under the definition of ‘‘flag operation’’ in 14 CFR 110.2. 11 Flightcrew Member Duty and Rest Requirements, 77 FR 330, 331 (Jan. 4, 2012); 78 FR 69287 (Nov. 19, 2013). VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 operations, part 119 states that operators conducting noncommon carriage are subject to the rules of either part 125 or part 135. When noncommon carriage occurs in an airplane having a passenger seat configuration of less than 20 seats, excluding crewmember seats, and a payload capacity of less than 6,000 pounds, § 119.23(b) requires those operations to be conducted under part 135 as on-demand operations. When noncommon carriage occurs in an airplane having a seating configuration of 20 or more passengers or a maximum payload capacity of 6,000 pounds or more, part 125 applies. This proposed rule would amend the applicability provisions relevant to noncommon or private carriage operations such that those provisions would include powered-lift. This proposed rule would amend paragraphs (a), (b), (c), and (e) of § 125.1, to add the term ‘‘powered-lift’’ or, where appropriate, ‘‘aircraft.’’ These amendments incorporate powered-lift into the statements regarding applicability of part 125 requirements. Large powered-lift, due to their size, weight, and passenger capacity, present a level of risk that part 125 mitigates. Requiring large powered-lift conducting noncommon carriage operations to comply with part 125 would ensure an appropriate level of safety. These requirements and standards mitigate safety risks of large aircraft operating under part 125; extending them to noncommon carriage operations of large powered-lift is consistent with the FAA’s strategy for mitigating risks. The FAA’s proposed amendments to §§ 119.23 and 125.1 would clarify that operators that conduct noncommon carriage operations in powered-lift would do so under the rules of part 125, provided they fall within the scope outlined in § 119.23(a). This proposed rule would also change the term from ‘‘airplane’’ to ‘‘aircraft’’ in the title of part 125 and amend § 125.23 to change the word ‘‘airplane’’ to ‘‘aircraft,’’ as § 125.23 generally addresses applicability of certain rules and standards concerning operations. 2. Requirements and Applicability of Part 119 Part 119 contains basic requirements that apply to each person that operates or intends to operate a civil aircraft as an air carrier or commercial operator, or both, in air commerce. These requirements, which include the obligation to maintain current operations specifications and employ management personnel who are sufficiently qualified to oversee certain aspects of the certificate holder’s PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 operation, are a critical means by which the FAA oversees air carrier and commercial operations. This proposed rule would amend provisions concerning the applicability of other rules, management personnel qualifications, and exceptions from the applicability of part 119. The incorporation of powered-lift into such provisions would provide consistency in FAA oversight of air carrier and commercial operations. The FAA also proposes to revise § 119.1(a) to apply part 119 to airplanes and powered lift conducting noncommon carriage or private carriage operations for compensation or hire with a passenger-seat configuration of less than 20 seats and a payload capacity of less than 6,000 pounds. This proposed amendment is consistent with the existing § 119.23, which requires airplanes meeting those specifications to comply with certain certification, operations, and operations specifications requirements. Similarly, the FAA also proposes to amend § 119.5(c) to include powered-lift operations in the description of which persons will be issued an Operating Certificate for operations when common carriage is not involved. The FAA also proposes to amend §§ 119.21 and 119.23 to apply appropriate requirements to powered-lift operations of commercial operators engaged in intrastate common carriage or operations when common carriage is not involved, respectively. The existing types of operations excluded from part 119 are: student instruction; aerial work operations; nonstop commercial air tours that fulfill certain criteria; ferry or training flights; sightseeing flights in hot air balloons; nonstop flights conducted within 25 statute miles of the airport of takeoff that are for the purpose of intentional parachute operations; helicopter flights conducted within a 25 statute-mileradius of the airport of takeoff that fulfill certain limiting criteria; operations that occur under part 133 (Rotorcraft External-Load Operations) or part 375 (Navigation of Foreign Civil Aircraft Within the United States); emergency mail service operations; operations conducted under § 91.321 (Carriage of candidates in elections); and small unmanned aircraft systems operations conducted under part 107 (Small unmanned aircraft systems). Many operations subject to exclusion do not specify the type of aircraft eligible for the exclusion; however, some exclusions apply only to helicopters or only to airplanes and helicopters. Specifically, a subset of the exclusion for operations used in construction or repair work currently E:\FR\FM\07DEP1.SGM 07DEP1 ddrumheller on DSK6VXHR33PROD with PROPOSALS Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules applies only to helicopter flights. In addition, the exclusion that covers nonstop commercial air tours is specific to operations in either airplanes or helicopters. An exclusion also exists for helicopter flights conducted within a 25-statute-mile radius of the airport of takeoff that meet certain, specific criteria. This proposed rule would broaden each of these exclusions to cover operations conducted in both powered-lift and rotorcraft. The proposed use of the term ‘‘rotorcraft’’ 12 throughout § 119.1 will ensure consistency with other applicability provisions of part 119. For example, § 119.25 states that each person that conducts rotorcraft operations for compensation or hire must do so in accordance with the applicable rules of part 135. In addition, the definitions of ‘‘commuter’’ and ‘‘ondemand’’ codified in § 110.2 use only the term ‘‘rotorcraft.’’ Accordingly, using the term ‘‘rotorcraft,’’ as defined in § 1.1, consistently throughout part 119, rather than the term ‘‘helicopter,’’ is appropriate. The proposed rule would replace ‘‘helicopter’’ with ‘‘rotorcraft’’ and add ‘‘powered-lift’’ to the exclusion described at § 119.1(e)(4)(v). Section 119.1(e)(4) lists six specific types of aerial work operations to which part 119 does not apply. These operations include crop dusting, banner towing, aerial photography or surveying, firefighting, construction and repair work, and powerline and pipeline patrol. The existing regulatory text that excludes operations for construction and repair work under § 119.1(e)(4)(v) specifically applies only when the operator uses helicopters. Examples of aerial work operations that fulfill the exception criteria of § 119.1(e)(4)(v) include replacing air conditioners in large buildings; work on photovoltaic cells, cellular towers, and other types of towers; and performing construction in buildings in which the movement of heavy construction loads up several levels via rotorcraft saves energy and time. The FAA anticipates powered-lift would perform functions in aerial work in much the same manner as rotorcraft currently do. Moreover, the vertical takeoff and landing options powered-lift offer, their ability to hover, and the capability of some powered-lift to carry heavier loads than many rotorcraft may prompt operators to use them for construction or repair work. Allowing powered-lift to operate under this exception poses low risk to the general public. Typically, operators conduct aerial work operations in limited areas with low exposure to the public, or, if conducted in metropolitan areas, in areas that are appropriately cordoned off. Moreover, the risk to the general public remains low due to the limitation of the work; its infrequent nature; and the containment practices operators use to limit such risk. The FAA also proposes to broaden the exclusion in § 119.1(e)(7) to permit those flights to occur using powered-lift or rotorcraft, rather than only helicopters. Section 119.1(e)(7) excludes from the applicability of part 119 helicopter flights conducted within a 25-statute-mile radius of the airport of takeoff if no more than two passengers are carried; each flight occurs under day visual flight rules (VFR) conditions; the helicopter used is certificated with a standard airworthiness certificate and complies with certain inspection requirements; the operator notifies a certain FAA office prior to the operation; the total number of flights does not exceed six per year; the Administrator has approved each flight; and the flight does not carry any cargo. The FAA historically excluded the helicopter flights described in § 119.1(e)(7) based on the conclusion that such operations do not warrant the level of oversight that part 119 requires. In addition, this proposed rule would add operations conducted in gliders to the exception that applies to sightseeing flights. Currently, the text of § 119.1(e)(5) only excludes from the applicability of part 119 sightseeing flights conducted in hot air balloons. The proposed addition of gliders to this exception will ensure the regulatory text of § 119.1(e)(5) reflects the FAA’s current practices of permitting glider operations under this exception from part 119 and is consistent with the level of risk mitigation necessary for such operations. Lastly, this proposed rule will add powered-lift to § 119.1(e)(2), which currently excludes certain nonstop commercial air tour flights conducted in either an airplane or helicopter from the applicability of part 119. 12 With respect to aircraft certification, rotorcraft are a ‘‘class’’ of aircraft as defined in § 1.1, while helicopters are a kind of rotorcraft. Section 1.1 defines ‘‘class’’ as ‘‘a broad grouping of aircraft having similar characteristics of propulsion, flight, or landing. Examples include: airplane, rotorcraft, glider . . . .’’ Section 1.1 defines ‘‘helicopter’’ as ‘‘a rotorcraft that, for its horizontal motion, depends principally on its engine-driven rotors.’’ i. Records Regarding Operations Each certificate holder subject to part 119 must maintain operations specifications. The FAA approves all operations specifications, which must include a variety of information, such as the types of aircraft, routes, and airports VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 74999 the certificate holder uses, among other items. This proposed rule would narrow the current requirement in § 119.49. The existing text of § 119.49(a)(12), (b)(12), and (c)(11) requires operations specifications to contain ‘‘[a]ny authorized deviation and exemption’’ issued under 14 CFR chapter 1. By its plain language, the aforementioned paragraphs broadly require operations specifications to contain copies of all deviations and exemptions granted from any requirement under chapter 1. The FAA has determined this requirement is too broad, as it obligates certificate holders to ensure their operations specifications contain exemptions and deviations that also apply to the aircraft the certificate holder uses. Such a requirement is unnecessary because information concerning design standards and other airworthiness aspects that apply to an aircraft are available in other records. Operators of the aircraft are aware of deviations and exemptions from design standards because the paperwork that accompanies the aircraft contains adequate information. For example, the aircraft’s type certificate data sheet refers to applicable exemptions.13 In such cases, it is unnecessary for the certificate holder’s operations specifications to contain deviations or exemptions if those deviations or exemptions apply to the aircraft and do not have a corresponding operating rule. The FAA is mindful of the fact that many rules that address aircraft equipage and functionality, however, include both an aircraft and operating component. To obtain relief from such a rule, the operator would need to receive exemption or permission to deviate from aircraft-specific requirements, and operations specifications would need to contain records of such exemptions or deviations from such rules. For example, § 91.203(d) prohibits any person from operating a civil airplane (domestic or foreign) into or out of an airport in the United States unless it complies with the fuel venting and exhaust emissions requirements of 14 CFR part 34. As a result, while under this proposed rule operations specifications would not need to contain any exemption from a requirement of part 34 as this exemption would be identified in the aircraft records; however, they would need to 13 See 14 CFR 21.41 (‘‘Type certificate’’), which states each type certificate includes the type design, operating limitations, certificate data sheet, the applicable regulations with which the FAA records compliance, and any other conditions or limitations prescribed for the product in part 21, subpart B. E:\FR\FM\07DEP1.SGM 07DEP1 75000 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules ddrumheller on DSK6VXHR33PROD with PROPOSALS note the existence of an exemption from § 91.203(d) because this relief would not otherwise be noted in any record associated with the operation itself. Similar rules exist throughout subpart C of part 91, as well as subparts J and K of part 121 and subpart C of part 135. This proposed rule would require that operations specifications contain only exemptions and deviations the FAA has granted that apply to the certificate holder. Similar to this proposed rule’s amendments to § 119.49(a)(12), (b)(12), and (c)(11), this proposed rule would also revise § 91.1015(a)(9) in a similar manner. Section 91.1015(a)(9) applies to management specifications that persons who participate in a fractional ownership program under part 91, subpart K, maintain. Currently, § 91.1015(a)(9) requires each set of management specifications to contain each deviation or exemption that the participant receives for any requirement of 14 CFR chapter 1. Requiring a listing or copies of exemptions that apply to the aircraft rather than the operator is unnecessary for the FAA’s oversight of participants’ operations under part 91, subpart K. ii. Management of Operation This proposed rule would amend the qualification and experience requirements by changing the term airplane to aircraft as appropriate. For certificate holders that conduct operations under part 121, this rule would also require at least one Chief Pilot for each category of aircraft that each certificate holder uses, when the certificate holder uses both airplanes and powered-lift. Sections 119.65 through 119.71 set forth management personnel requirements that certificate holders must fulfill to ensure the highest degree of safety in their operations. In requiring qualified personnel hold certain management positions, the FAA emphasized that certificate holders’ employment of management personnel who are experienced and committed to ensuring safety is an important means of ensuring compliance with the rules that apply to the operations.14 Section 119.69 contains requirements for certificate holders who conduct operations under part 135. Section 119.69(a) states certificate holders must have a Director of Operations, Chief Pilot, and Director of Maintenance. Section 119.71 sets forth the specific qualification standards that each person 14 Commuter Operations and General Certification and Operations Requirements, 60 FR 65832, 65885–86 (Dec. 20, 1995). VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 who holds any of these positions must meet. This proposed rule would not amend the qualification standards listed at § 119.71 because they are not specific to any particular type of aircraft. As a result, they need not change to ensure management personnel have adequate experience when managing regulatory compliance with certificate holders’ operations about airplanes, rotorcraft, or powered-lift. Under § 119.65(a), which lists management positions that certificate holders conducting operations under part 121 must maintain, each certificate holder must have a Director of Safety, Director of Operations, Chief Pilot, Director of Maintenance, and Chief Inspector. With the exception of the Director of Safety position, each person who holds any of the positions identified in § 119.65 must meet specific qualification standards set forth in § 119.67. In some cases, candidates who seek to hold a management personnel position listed at § 119.65 might not fulfill the experience requirements but could be qualified in another manner. In such cases, § 119.67(e) provides the FAA’s Flight Standards Service the discretion to issue a deviation. Such deviations are based on Flight Standards finding that the candidate can fulfill the duties of the position that he or she seeks to hold. This proposed rule would also remove the routing codes from the regulatory text of § 119.67(e), as the FAA no longer uses such codes in its regulations. Furthermore, § 119.65(b) provides the FAA with discretion to approve positions or numbers of positions other than those listed in § 119.65(a) if the certificate holder shows it can perform the operation with the highest degree of safety under the direction of fewer or different categories of management personnel. In making such a determination, the FAA considers the kind of operation involved, the number and types of airplanes used, and the area of operations. This proposed rule would amend the qualification and experience requirements applicable to Directors of Operations, Chief Pilots, Directors of Maintenance, and Chief Inspectors for certificate holders that conduct operations under part 121 because these qualification standards are currently specific to airplanes. Incorporating certain powered-lift operations into the requirements of part 121 requires amending these qualification requirements applicable to management personnel who supervise a certificate holder’s operations. PO 00000 Frm 00007 Fmt 4702 Sfmt 4702 a. Director of Operations Currently, § 119.67(a)(2) (Management personnel: Qualifications for operations conducted under part 121 of this chapter) specifically requires Directors of Operations to have experience in ‘‘airplanes.’’ To broaden this section to cover Directors of Operations for certificate holders that use powered-lift, this proposed rule would use the general term ‘‘aircraft’’ in that paragraph. Therefore, for certificate holders that conduct operations under part 121, this proposed rule would require the Director of Operations to have at least 3 years of supervisory or managerial experience within the last 6 years in a position that exercised operational control over any operations conducted with large aircraft under part 121 or part 135. In the alternative, if the certificate holder uses only small aircraft in its operations, then the Director of Operations may obtain this experience in large or small aircraft. The proposed references to ‘‘large aircraft’’ and ‘‘small aircraft’’ would have the same meanings as defined in § 1.1: ‘‘Large aircraft means aircraft of more than 12,500 pounds, maximum certificated takeoff weight,’’ and ‘‘Small aircraft means aircraft of 12,500 pounds or less, maximum certificated takeoff weight.’’ Section 119.67(a)(3) also currently requires anyone who serves in a Director of Operations role for a certificate holder that conducts operations under part 121 to have at least three years of experience as pilotin-command of a large airplane, if the certificate holder uses large airplanes. If the certificate holder uses small airplanes, then experience in either large or small airplanes will satisfy this requirement. If the person is serving as a Director of Operations for the first time ever, then this experience must have occurred within the prior six years. Under this proposed rule, a person who would serve as Director of Operations would need to have experience as pilotin-command in at least one of the categories of ‘‘aircraft’’ the certificate holder uses in its operations. In using the term ‘‘category’’ in this context, this proposed rule would mean the broad classification of aircraft regarding the certification, ratings, privileges, and limitations of airmen. Such categories include airplane, rotorcraft, and powered-lift, among others, as listed at § 61.5(b)(1). In addition, the term ‘‘uses’’ refers to the types of aircraft that are listed on the certificate holder’s operations specifications, pursuant to § 119.49(a)(4), (b)(4), and (c)(5). E:\FR\FM\07DEP1.SGM 07DEP1 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules ddrumheller on DSK6VXHR33PROD with PROPOSALS b. Chief Pilot This proposed rule would amend the existing regulatory text that contains Chief Pilot qualification requirements such that the text would include the term ‘‘aircraft,’’ where appropriate. In addition, the FAA proposes amendments to the Chief Pilot requirements that will ensure the Chief Pilot’s qualifications are commensurate to the aircraft category the certificate holder is operating. In proposing these amendments, the FAA intends to ensure the management personnel team remains adequately prepared and qualified to address risks that operations of each category of aircraft may present. To be qualified to serve as a Chief Pilot, a person must meet the qualifications of § 119.67(b). These qualifications include holding an airline transport pilot (ATP) certificate with appropriate ratings for at least one of the airplanes the certificate holder uses. The term ‘‘appropriate ratings’’ means the ratings a pilot must hold to serve as a pilot-in-command of an airplane in the certificate holder’s operations. This proposed rule would require the Chief Pilot for powered-lift to hold an ATP certificate and be appropriately rated in at least one of the powered-lift the certificate holder uses. This requirement is important because the Chief Pilot must maintain a detailed level of understanding of the particular aircraft the certificate holder operates to communicate effectively with the pilots who serve in a certificate holder’s operations while performing his or her oversight duties. The FAA is aware that such ‘‘appropriate ratings’’ may vary considerably. For example, pilot type ratings or class ratings for certain powered-lift might not yet exist. In such cases, the requirement for the Chief Pilot to have an ATP certificate with appropriate ratings means the Chief Pilot would need to hold an ATP certificate in the appropriate category of aircraft, as well as the appropriate class or type rating for the aircraft the certificate holder uses in conducting operations under part 121. If both a class and type rating exist for the aircraft, then the Chief Pilot must have both ratings. This proposed rule would also clarify that the ATP certificate with appropriate ratings must be for an aircraft the certificate holder uses in operations ‘‘under part 121.’’ This clarification would ensure certificate holders who may hold authority to conduct operations under both part 121 and part 135 know that they must have a Chief Pilot who holds an ATP certificate with VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 appropriate ratings for an aircraft used in part 121 operations. In the interest of ensuring clarity, this proposed rule would add the phrase ‘‘under part 121’’ to § 119.67(b). Currently, a candidate who seeks to become a Chief Pilot must have a minimum of three years’ experience as pilot-in-command of a large airplane operated under either part 121 or part 135, if the certificate holder operates large airplanes. If the certificate holder uses only small airplanes, then the Chief Pilot’s experience as pilot-in-command may be in either small or large airplanes. As with the Director of Operations qualifications discussed previously, this proposed rule would amend ‘‘large airplane[s]’’ and ‘‘small airplane[s]’’ to ‘‘large aircraft’’ and ‘‘small aircraft.’’ These terms are defined at 14 CFR 1.1. This proposed rule would require the Chief Pilot to have pilot-in-command experience in the category of aircraft for which he or she will exercise responsibility. In addition, the three years of experience as pilot-in-command must have occurred under either part 121 or part 135 and must have occurred within the past six years if the Chief Pilot candidate has not previously served as a Chief Pilot. The FAA proposes to amend § 119.65(a)(3) to require one Chief Pilot for each category of aircraft because the Chief Pilot must have a detailed understanding of the particular aircraft the certificate holder operates. This level of expertise is a key component of the FAA’s rationale for proposing one Chief Pilot for each category of aircraft the certificate holder uses; in this regard, the Chief Pilot’s duties and responsibilities generally arise from the specific kind of aircraft with which the certificate holder provides air transportation services. The agency has long emphasized that it adopted the Chief Pilot experience requirements to ensure familiarity with operations of a certificate holder, and that such familiarity is critical to attain prior to assuming the responsibilities of Chief Pilot.15 Chief Pilots often oversee the development of policy in addition to holding individual pilots accountable for adherence to the certificate holder’s manual and procedures. Operations of airplanes and powered-lift will likely be subject to provisions in the manuals that are distinct. For example, provisions in manuals concerning dispatch and flight release, flight operations, ground 15 See Provision for Deviations from Qualifications Requirements for Chief Pilots, 34 FR 7175 (Apr. 30, 1969). PO 00000 Frm 00008 Fmt 4702 Sfmt 4702 75001 services and loading of the aircraft, fueling, deicing, ramp procedures, and various other critical aspects of operation within the manuals will require the Chief Pilot to have specialized knowledge relevant to the category of aircraft. Chief Pilots must also be able to communicate effectively with the pilots they supervise, especially concerning the certificate holder’s training program for pilots. In this regard, training for powered-lift proficiency will be distinct from training for airplanes. Furthermore, Chief Pilots are involved in planning future routes and contracts for new aircraft, as well as overseeing compliance with flight and duty limitations that apply to the certificate holder. In addition, risk mitigation measures that certificate holders implement are distinct between categories of aircraft: A Chief Pilot who only has experience in airplanes may not have the skills to evaluate risk mitigation strategies necessary for powered-lift to operate safely. In summary, having a Chief Pilot who is specifically qualified in the category of aircraft the certificate holder uses would ensure the certificate holder fulfills the standard of providing air transportation with the highest possible degree of safety. In proposing to amend part 119 to apply to operations of powered-lift, the FAA has also remained mindful of the discretion that § 119.65(b) provides, which allows the FAA to approve positions or numbers of positions other than those listed in § 119.65(a). c. Director of Maintenance Section 119.65 requires each certificate holder that conducts operations under part 121 to have a Director of Maintenance and § 119.67(c) provides the qualifications to serve as Director of Maintenance. This proposed rule would replace the term ‘‘airplane’’ in § 119.67(c) with ‘‘aircraft.’’ Under § 119.67(c) each Director of Maintenance must hold a mechanic certificate with airframe and powerplant ratings, have one year of experience in a position responsible for returning airplanes to service, have at least one year of supervisory experience of a certain type in a role of maintaining the same category and class of airplane as the certificate holder uses, and have three years’ experience within the preceding six years in maintaining or repairing airplanes. These requirements further specify that the experience with ‘‘maintaining large airplanes’’ must occur for large airplanes with 10 or more passenger seats in the same category and class of airplane the E:\FR\FM\07DEP1.SGM 07DEP1 ddrumheller on DSK6VXHR33PROD with PROPOSALS 75002 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules certificate holder uses. As an alternative to maintaining large airplanes, the Director of Maintenance may have experience repairing airplanes in a certificated airframe repair station that is rated to maintain airplanes in the same category and class of airplane that the certificate holder uses. This proposed change, therefore, would require the minimum one year of supervisory experience with either maintaining or repairing at least one of the aircraft in the same category and class of aircraft the certificate holder uses. Under this proposed rule, the Director of Maintenance would need to have accumulated three years of experience within the past six years in maintaining or repairing aircraft in the same category and class of aircraft the certificate holder uses. The term ‘‘category’’ in this context (i.e., qualifications for Directors of Maintenance), would mean the grouping of aircraft based upon intended use or operating limitations.16 The definition in 14 CFR 1.1 cites as examples: f transport, normal, utility, acrobatic, limited, restricted, and provisional. Similarly, the use of the term ‘‘class’’ in the context of § 119.67(c), means a broad grouping of aircraft having similar characteristics of propulsion, flight, or landing.17 The definition cites the following as examples of class: balloon, glider, landplane, rotorcraft, and seaplane. These experience and qualification requirements within 119.67(c) are key components of ensuring the Director of Maintenance is adequately qualified to serve in the role of overseeing other mechanics and personnel performing maintenance. Aircraft that are configured with 10 or more passenger seats generally must comply with additional maintenance requirements.18 Familiarity with these specific maintenance requirements, in addition to the generally applicable maintenance regulations and the certificate holder’s operations, as required by § 119.65(d), is important in ensuring safety. In addition, experience maintaining or repairing aircraft in the same category and class will ensure the Director of Maintenance is knowledgeable about aspects of the specific aircraft that the certificate holder uses such as airworthiness standards, provisions in manuals, and general manufacturing practices. Directors of Maintenance generally oversee activities that involve such aircraft-specific aspects. The FAA believes experience with aircraft of the 16 14 CFR 1.1. CFR 1.1. 18 14 CFR 135.411(a)(2); see also § 121.367. 17 14 VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 same category and class of aircraft the certificate holder uses would achieve the FAA’s objective of ensuring the Director of Maintenance has appropriate experience with adhering to procedures and ensuring compliance with rules and programs relevant to maintenance. d. Chief Inspector Currently, a person who serves as a Chief Inspector must hold a mechanic certificate with both airframe and powerplant ratings, which he or she has held for at least 3 years. Chief Inspectors must also have at least three years of experience with maintenance on different types of large airplanes with 10 or more passenger seats with a certificate holder or certificated repair station, one year of which must have been as a maintenance inspector and have at least one year of experience in a supervisory capacity maintaining the same category and class of aircraft as the certificate holder uses. Chief Inspectors have direct authority and responsibility over people performing the requisite inspections for the certificate holder. This proposed rule would amend the section that sets forth qualifications for Chief Inspectors for certificate holders that conduct operations under part 121. The proposed amendment would permit the three years of maintenance experience to occur on different types of large aircraft with 10 or more passenger seats, rather than only large airplanes. This proposed amendment would be consistent with the other proposed changes of this rule that assist in incorporating powered-lift into the framework of part 121. As with the Director of Maintenance qualifications, this retention of the 10-seat threshold ensures the Chief Inspector will have experience with a maintenance program the certificate holder has developed and with which the certificate holder complies.19 In addition, the use of the term ‘‘large aircraft’’ in this requirement refers to those aircraft that are more than 12,500 pounds at their maximum certificated takeoff weight.20 B. Commercial Air Tours and Flights for the Benefit of Charitable, Nonprofit, or Community Events Commercial air tours are flights conducted for compensation or hire in an airplane or helicopter in which the purpose of the flight is sightseeing.21 19 14 CFR 135.411(a)(2); see also § 121.367. 14 CFR 1.1 (definition of ‘‘large aircraft’’). 21 14 CFR 110.2 and 136.1(d). Some flights that are commercial air tours under part 136 or § 91.147 may also be subject to other requirements. For example, the requirements of 49 U.S.C. 40128 (‘‘Overflights of national parks’’) or 14 CFR part 93, subpart U (‘‘Special Flight Rules in the Vicinity of 20 See PO 00000 Frm 00009 Fmt 4702 Sfmt 4702 Passenger-carrying flights may also be conducted without compensation or hire for certain charitable, nonprofit, and community events. The FAA intends to incorporate powered-lift for commercial air tours and flights for the benefit of charitable, nonprofit or community events, and to revise the necessary provisions to address ‘‘rotorcraft’’ instead of ‘‘helicopter’’. This will ensure consistency with the changes made to the definition of commercial air tour in part 110, as well as the change made to nonstop commercial air tours within § 119.1. 1. Regulatory Framework for Commercial Air Tours The FAA regulates commercial air tours under part 136 and § 91.147. Part 136, subpart A, ‘‘National Air Tour Safety Standards,’’ currently applies to ‘‘each person operating or intending to operate a commercial air tour in an airplane or helicopter’’ as well as all occupants of the airplane or helicopter engaged in the air tour.22 Part 136, subpart A, applies to part 121 or 135 operators conducting commercial air tours and holding a part 119 certificate. Section 91.147 applies to commercial air tour operators that do not hold a certificate under part 119. Only operators certificated under part 119 may conduct commercial air tours that: occur beyond 25 miles of the departure airport; start and end at different airports; occur in airplanes or helicopters configured to have more than 30 seats or payload capacity in excess of 7,500 pounds; or, subject to a limited exception, commercial air tours that occur over a unit of the national park system.23 As a result, such commercial air tours must operate in accordance with either part 121, Operating Requirements: Domestic, Flag, and Supplemental Operations, or part 135, Operating Requirements: Commuter and On Demand Operations and Rules Governing Persons on Board Such Aircraft. As summarized above in section III.A.1 of this preamble, parts 121 and 135 contain various provisions applicable to certificate holders’ Grand Canyon National Park, AZ’’) refer to certain types of commercial air tours in ‘‘powered aircraft.’’ This proposed rule would not affect the applicability of any such requirements. 22 Id. Section 136.1(a). 23 Section 136.37(g) permits commercial air tour operations over a national park to occur under the general operating rules of part 91 if (1) the air tour activity is permitted under part 119; (2) the operator secures a letter of agreement from the Administrator and the Superintendent for that park describing the conditions under which the operations will be conducted; and (3) the number of flights that occur under this exception does not exceed a total of 5 by all operators in a 30-day period over a particular park. E:\FR\FM\07DEP1.SGM 07DEP1 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules operations, such as requirements and restrictions relevant to operations, safety, and training. Section 91.147, Passenger Carrying Flights for Compensation or Hire, applies to air tour operators that take off and land at the same airport and stay within 25 miles of that airport.24 Section 91.147(a) defines ‘‘operator’’ for purposes of § 91.147 and for purposes of drug and alcohol testing 25 as any person who conducts non-stop passengercarrying flights in an airplane or helicopter for compensation or hire in accordance with §§ 119.1(e)(2), 135.1(a)(5), or 121.1(d) when flights begin and end at the same airport and are conducted within a 25-statute mile radius of that airport. Under § 119.1(e)(2), nonstop commercial air tours are exempt from the applicability of part 119 as long as they are conducted in an airplane or helicopter having a standard airworthiness certificate and passenger-seat configuration of 30 seats or fewer and a maximum payload capacity of 7,500 pounds and meet the operational criteria described previously. ddrumheller on DSK6VXHR33PROD with PROPOSALS 2. Incorporation of New Types of Aircraft Section 91.147 and the requirements of part 136, subpart A, are currently limited in applicability to airplanes and helicopters. The FAA has determined this scope is too narrow, as manufacturers may design and produce other rotorcraft and powered-lift that operators could use for commercial air tours. Consequently, the FAA is proposing to expand the applicability of part 136 by changing the term ‘‘helicopter’’ to ‘‘rotorcraft’’ and adding ‘‘powered-lift’’ to the applicability in § 136.1. Additionally, this proposed rule would replace ‘‘helicopter’’ with the term ‘‘rotorcraft’’ and add ‘‘poweredlift’’ to the relevant applicability provisions of § 91.147 to ensure the appropriate safety risk mitigations apply to all commercial air tours. The FAA is proposing to change the term ‘‘helicopter’’ to ‘‘rotorcraft’’ 24 Section 119.1(e)(2) also states part 119 applies to commercial air tours that an operator conducts in accordance with part 136, subpart B, National Parks Air Tour Management, unless § 136.37(g)(2) excludes the operation from applicability. Section 119.1(e)(2) further provides separate applicability provisions for commercial air tours conducted in the vicinity of the Grand Canyon National Park, Arizona. None of these additional applicability provisions specify that they are limited to airplanes, helicopters, or any other specific type of aircraft. The FAA does not propose amendments to § 136.37(g)(2). 25 14 CFR 120.1(a) states, in part, that the requirements of part 120, Drug and Alcohol Testing Program, apply to all operators as defined in § 91.147. VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 throughout part 136 in order to ensure these safety standards of part 136 apply to other rotorcraft and not only helicopters.26 Part 136 was promulgated to help prevent accidents and incidents that occur during commercial air tour operations and should therefore apply to more than just airplanes and helicopters.27 In fact, these safety risk mitigations found within part 136 have proven to reduce incidents and accidents.28 If the FAA does not expand part 136 to include ‘‘rotorcraft’’, then the more stringent safety risk mitigations afforded in that part would not apply to the rotorcraft that currently conduct air tours under part 135. Applying the requirements of part 136 to airplanes, powered-lift, and rotorcraft that conduct commercial air tours is an appropriate step in ensuring safe integration of new types of aircraft. The proposed use of the term ‘‘rotorcraft’’ will also ensure consistency with other applicability provisions found within some sections of parts 110, 119 and 135. Consistent with the approach described previously, the FAA will address operational requirements for powered-lift in the SFAR: Integration of Powered-Lift. i. Suitable Landing Area for Emergencies This proposed rule would amend the definition of the term ‘‘suitable landing area for helicopters,’’ codified at § 136.1. The current definition states such an area is one that provides the operator reasonable capability to land without damage to equipment or injury to persons. It further provides that such areas must be site-specific, designated 26 Rotorcraft means ‘‘a heavier-than-air aircraft that depends principally for its support in flight on the lift generated by one or more rotors.’’ With respect to aircraft certification, rotorcraft are a ‘‘class’’ of aircraft as defined in § 1.1, while helicopters are a kind of rotorcraft. Section 1.1 defines ‘‘class’’ as ‘‘a broad grouping of aircraft having similar characteristics of propulsion, flight, or landing. Examples include: airplane, rotorcraft, glider, balloons, land plane, and seaplane.’’ Section 1.1 defines ‘‘helicopter’’ as ‘‘a rotorcraft that, for its horizontal motion, depends principally on its engine-driven rotors.’’ Helicopters and rotorcraft both depend principally on the rotors to provide lift to stay airborne. 27 The FAA acknowledges that gyroplanes are a kind of rotorcraft. This proposed rule would retain the language of § 136.1(c) that excludes gyroplanes from the applicability of part 136. Historically, gyroplanes have not been issued a standard airworthiness certificate, so the FAA still believes excluding those types of rotorcraft would be appropriate. 28 In the preamble to part 136, the FAA explained that the commercial air tour regulations had a positive impact on safety for these operations. ‘‘We believe there is a relationship between the imposition of a minimum, mandatory safety standard and the decrease in accidents.’’ 72 FR 6884, 6889 (Feb. 13, 2007). PO 00000 Frm 00010 Fmt 4702 Sfmt 4702 75003 by the operator, and accepted by the FAA. The definition states that the purpose of the area is to provide an emergency landing area for a singleengine helicopter or a multiengine helicopter that does not have the capability to reach a safe landing area after an engine power loss. While no regulation within part 136 uses the term, operators may include the practice of designating suitable landing areas in their manuals. As previously stated, the FAA believes manufacturers may design and produce other rotorcraft that could be used in commercial air tour operations. Therefore, this proposed rule would broaden the applicability to incorporate rotorcraft to ensure they are subject to the safety standards of part 136. The FAA’s purpose in providing the definition is to ensure operators designate potential landing areas in advance of an operation, as such designation reduces the risk of a major accident because the pilot-in-command is aware of potential sites for emergency landings. Given this focus on emergencies, the FAA has determined reference to ‘‘damage to equipment’’ in the current text of the definition is neither practical nor appropriate. The use of the term in the definition is not consistent with the purpose of the definition, which is to apply to the occurrence of emergency situations. The FAA expects operators to be able to designate a site-specific landing area that, when used, would not cause serious injury to persons, irrespective of aircraft damage. Accordingly, the FAA proposes to remove the phrase ‘‘damage to equipment’’ from the definition of ‘‘suitable landing area,’’ and add ‘‘serious’’ before ‘‘injury.’’ It is impracticable to expect that an emergency landing will never result in some degree of injury, even minor, should the aircraft have to land in a suitable landing area. Therefore, the FAA intends that suitable landing areas are appropriate for rotorcraft to land without causing serious injury to persons. The FAA further proposes to remove the last sentence of the definition that states the purpose of the definition is to provide an emergency landing area for helicopters that would not have the capability to reach a safe landing area after an engine power loss. The FAA has determined this sentence is too narrow. Removing this sentence allows operators to identify landing areas that could be used in any emergency not only in the case of an engine power loss. The new definition would include the phrase ‘‘in an emergency’’ to describe the context for which the FAA would E:\FR\FM\07DEP1.SGM 07DEP1 75004 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules land areas unsuitable for landing, such as vertical cliffs or land intermittently under water during flight. When a ii. Rotorcraft Floats for Over Water commercial air tour proceeds over water Section 136.11 currently permits beyond the shoreline, flotation systems single-engine helicopters in commercial must be armed because flotation air tours to operate over water beyond systems increase the chance of survival the shoreline only when they are if a rotorcraft must ditch in the water equipped with fixed floats or an and keeping a flotation system armed inflatable flotation system adequate to ensures an appropriate level of accomplish a safe emergency ditching. preparedness. Requiring that the Similarly, multiengine helicopters that flotation system is armed and that the cannot be operated with the critical activation switch is located on one of engine inoperative at a weight that will allow it to climb at least 50 feet a minute the primary flight controls is in response to a National Transportation at an altitude of 1,000 feet above the Safety Board report that investigated the surface with the critical engine 29 inoperative as provided in the Rotorcraft air tour industry. The NTSB stated that the opportunity for a successful Flight Manual (RFM) also must be ditching is reduced if the pilot must equipped with fixed floats or an interrupt maneuvering of the helicopter inflatable flotation system. Those during the critical final phase of an helicopters that are equipped with emergency water landing.30 ‘‘The flotation systems must have an problem can be resolved by requiring activation switch for the flotation that helicopters operated over water system on one of the primary flight with flotation equipment installed be controls and the system must be armed equipped with activation systems when the helicopter is over water and located on primary flight controls.’’ 31 flying at a speed that does not exceed For the foregoing reasons, the FAA’s the maximum speed prescribed in the proposed updates to this section would RFM. These requirements, however, do not apply to operations over water only apply these requirements to rotorcraft to during the takeoff and landing portions require flotation systems remain armed of flight or to operations within the at the appropriate time. power-off gliding distance to the iii. Performance Plans shoreline for the duration of the flight and when each occupant is wearing a This proposed rule would amend life preserver from before takeoff until § 136.13(a) by changing the term the aircraft is no longer over water. helicopter to rotorcraft for the reasons Extending the aforementioned already cited. This proposed rule would requirements to rotorcraft operations amend the text in § 136.13(a) to require that occur under part 136 would operators to base performance plans on mitigate the risks associated with information derived from the ‘‘approved emergency water landings as the risks aircraft flight manual for that aircraft’’. that are present in commercial air tours that occur in helicopters are the same as Using this term is consistent with the reference to aircraft flight manual in other rotorcraft in such scenarios. The § 135.81. FAA identified this mitigation when Section 136.13(a) currently requires promulgating § 135.168. The overwater safety equipment requirements of commercial air tour operators to § 135.168 apply to rotorcraft when they complete helicopter performance plans are operated beyond the autorotational before each operation that will occur distance from the shoreline. Therefore, under part 136.32 The pilot-in-command the FAA proposes to broaden the of the operation must review the plan applicability of § 136.11 to include for accuracy and comply with it for each rotorcraft. flight. Such performance plans are a key Additionally, § 136.11(b)(2), does not component of mitigating the risk of include a reference to ‘‘beyond the commercial air tour operations, as they shoreline’’. The FAA proposes to add require the pilot-in-command to be this reference to clarify the requirement prepared to respond to unforeseen to have the flotation system armed when events. the aircraft is over water beyond the shoreline. Part 136 already contains a 29 See NTSB, Safety of the Air Tour Industry in definition of ‘‘shoreline,’’ codified at the United States, NTSB/SIR/–95/01 (Jun. 1, 1995). 30 Id. at 3. § 136.1; the use of this term in § 136.11 31 Id. is appropriate because it broadly 32 This requirement also applies to operations that includes any area of land adjacent to under § 91.146 (‘‘Passenger-carrying flights water of an ocean, sea, lake, pond, river, occur for the benefit of a charitable, non-profit, or or tidal basin that is above the highcommunity event’’) and § 91.147 (‘‘Passenger carrying flights for compensation or hire’’). water mark. The definition excludes ddrumheller on DSK6VXHR33PROD with PROPOSALS accept site-specific, designated landing areas for rotorcraft. VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 PO 00000 Frm 00011 Fmt 4702 Sfmt 4702 iv. Commercial Air Tours in Hawaii Appendix A to part 136 applies to airplane and helicopter tours in Hawaii. The safety standards in part 136 are specific to commercial air tours and provide additional risk mitigations for those operations. As stated in the National Air Tour Safety Standards final rule, FAA believes that minimum, mandatory safety standards directly relate to a decrease in the occurrence of accidents.33 Therefore, subjecting powered-lift and rotorcraft to these safety standards is appropriate, to ensure air tour operations would not pose additional safety risks. Appendix A previously existed as Special Federal Aviation Regulation (SFAR) No. 71.34 As explained in the part 136 discussion above, in 2007, when the FAA last amended part 136, the FAA explained that many air tour operations occur in Hawaii and the Grand Canyon, and that the rules of SFAR No. 71 had improved safety.35 The FAA explained more restrictive altitude standards apply to air tours in Hawaii because a large number of commercial air tour flights occur ‘‘in a relatively small amount of airspace’’ and other demonstrated hazards exist.36 As one commenter noted, many Hawaiian operations occur over large bodies of water and water conditions in Hawaii are ‘‘rough, unlike the conditions in other parts of the country’’ in which operators conduct air tours.37 The appendix A requirements are equally important for air tour operations in aircraft other than helicopters. The FAA’s rationale for extending the requirements and provisions of appendix A to aircraft other than helicopters remains consistent with the rationale the FAA expressed in its 2007 rule. Section 1 of appendix A (‘‘Applicability’’) currently states, ‘‘[t]his appendix prescribes operating rules for airplane and helicopter visual flight rules air tour flights conducted in the State of Hawaii under 14 CFR parts 91, 121, and 135.’’ 38 The appendix also defines ‘‘air tour’’ as ‘‘any sightseeing flight conducted under visual flight 33 72 FR 6883, at 6889. Tour Operators in the State of Hawaii, 59 FR 49138 (1994). 35 72 FR at 6889 (acknowledging that while multiple reasons existed for the accident rate improvement in Hawaii and other parts of the country, the provisions of SFAR No. 71 had a positive impact on safety). 36 Id. at 6891. 37 Id. at 6903. 38 The section includes a paragraph that specifically excludes from its applicability ‘‘[f]lights conducted in gliders or hot air balloons.’’ 14 CFR part 136, App. A. at § 1(b). 34 Air E:\FR\FM\07DEP1.SGM 07DEP1 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules ddrumheller on DSK6VXHR33PROD with PROPOSALS rules in an airplane or helicopter for compensation or hire.’’ 39 Based on the uses of the specific terms ‘‘airplane’’ and ‘‘helicopter,’’ the appendix does not apply to other types of aircraft, such as powered-lift and rotorcraft that are not helicopters. Amending the applicability of appendix A to incorporate powered-lift and rotorcraft would apply the minimum flight altitude limitations to other categories of aircraft seeking to conduct air tours in Hawaii. As with the applicability of part 136, subpart A, and § 91.147, the FAA has determined the existing criteria and requirements for helicopters of appendix A, section 1(a) remain appropriate for powered-lift and rotorcraft. In this regard, the FAA has determined it is reasonable to continue to exclude any aircraft that has a passenger-seat configuration of more than 30 seats or a payload capacity that exceeds 7,500 pounds, as part 121 would govern such operations. As described previously, the SFAR: Integration of Powered-Lift will include proposals for applying specific operating rules to powered-lift in accordance with this appendix. This proposed rule would also amend the references to RFMs currently within section 4 of the subpart. As with the amendment to § 136.13, described above in section III.B.2.iii of this preamble, using this term is consistent with the reference to Aircraft Flight Manual in § 135.81. Accordingly, the FAA proposes to include the term ‘‘aircraft flight manual’’ in the regulatory text. Finally, the FAA proposes to amend part 136 by re-codifying appendix A as a new subpart and applying the requirements to operations of poweredlift and rotorcraft. 3. Flights for the Benefit of Charitable, Nonprofit, or Community Events Operators that conduct passengercarrying flights for certain charitable, nonprofit, and community events are conducted in accordance with § 91.146. Similar to § 91.147, the terms of § 91.146 require flights conducted under § 91.146 be nonstop and begin and end at the same airport, not proceed further than a 25-statute-mile radius of that airport, utilize only a public airport adequate for the aircraft used in the operation, have no more than 30 seats (excluding crewmember seats) and a maximum payload capacity of 7,500 pounds, not be an aerobatic or formation flight, hold a standard airworthiness certificate, occur only in day visual flight rules conditions, and fulfill other criteria. Section 91.146 excludes these flights 39 Id. § 2. VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 from the applicability of part 119 and requires each flight conducted under § 91.146 occur in accordance with the safety provisions of part 136, subpart A. Moreover, passenger-carrying flights or series of flights cannot exceed four charitable events or non-profit events per year. The FAA proposes amending § 91.146 in a manner similar to the amendments the FAA proposes to make to § 91.147. The FAA’s oversight of such flights is generally consistent with the level of oversight the FAA applies to commercial air tour flights under § 91.147. As with the proposed amendment to § 91.147, the FAA expects that expanding the scope of § 91.146 to allow for powered-lift and rotorcraft flights in furtherance of charitable, nonprofit, and community events will enable innovative, efficient options while ensuring safety. IV. Regulatory Notices and Analyses Federal agencies consider impacts of regulatory actions under a variety of executive orders and other requirements. 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. 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 that may 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). The current threshold after adjustment for inflation is $165 million using the most current (2021) Implicit Price Deflator for the Gross Domestic Product. This portion of the preamble summarizes the FAA’s analysis of the economic impacts of this proposed rule. In conducting these analyses, the FAA has determined that this proposed rule (1) will have benefits that justify its costs, (2) will not be an economically ‘‘significant regulatory action’’ as defined in section 3(f) of Executive Order 12866, (3) will not be ‘‘significant’’ as defined in DOT’s PO 00000 Frm 00012 Fmt 4702 Sfmt 4702 75005 Regulatory Policies and Procedures; (4) will not have a significant economic impact on a substantial number of small entities; (5) will not create unnecessary obstacles to the foreign commerce of the United States; and (6) will not impose an unfunded mandate on State, local, or tribal governments, or on the private sector by exceeding the threshold identified above. A. Regulatory Evaluation This proposed rule would enable operations of powered-lift to occur in accordance with 49 U.S.C. 44701(d), 44705, and 44711. Currently, the FAA’s rules governing certificate holders’ operations only apply to airplanes and rotorcraft, and do not mention poweredlift. The proposed rule would amend the definitions for the five kinds of operations codified at § 110.2— commuter, domestic, flag, on-demand, and supplemental—to ensure the operations occur in accordance with the statutory mandates, and to apply the appropriate set of operating rules to operations in powered-lift. The proposed rule would also amend the appropriate applicability of sections within part 119 to enable powered-lift, subject to applicable exemptions, to conduct air carrier and certain other commercial operations, commercial air tours, and noncommon carriage operations. The proposed rule would also amend certain aircraft-specific exceptions from the applicability of part 119. Furthermore, this proposed rule would alter the requirements for management personnel in certain certificate holder management positions to ensure personnel have appropriate experience. This proposed rule would extend the applicability of certain operating rules that apply to commercial air tours such that they would apply to operators that conduct flights in powered-lift and rotorcraft. Finally, this proposed rule would make various additional amendments in the interest of ensuring clarity. By including powered-lift in the existing operational framework, the proposed rule would not result in a reduction in safety because it maintains the risk-based approach to safety. When operations present a higher level of risk, based on volume and frequency, the FAA subjects such operations to a regulatory framework that mitigates those risks. The current parameters for determining whether a certificate holder is conducting operations under parts 121, 125, or 135 would be identical for certificate holders using powered-lift in their operations under this proposed E:\FR\FM\07DEP1.SGM 07DEP1 75006 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules rule. These parameters are shown below. Passenger Cargo Parameter Scheduled Part 135 Passenger Seating ........ Scheduled/ nonscheduled Nonscheduled <= 9 seats ......................................... Maximum Payload ......... Non-common carriage Operating Rules * <= 30 seats ................... <= 7,500 lbs. NA ................................. < 20 seats. <= 7,500 lbs .................. < 6,000 lbs. Kind of Operation ........... Pt 135 Commuter if 5 or more roundtrips/week; otherwise, Pt 135 On Demand. Pt 135 On Demand ....... Pt 135 On Demand ....... Pt 135 On Demand. Aircraft Type .................. NonTurbojet ...................................... Includes Turbojet .......... Includes Turbojet .......... Includes Turbojet. Part 121 Passenger Seating ........ > 9 seats ........................................... Maximum Payload ......... Kind of Operation ........... Operating Rules Part 125 > 30 seats ..................... > 7,500 lbs. Part 121 Domestic if flown within the 48 contiguous United States or DC; otherwise, Part 121 Flag. Aircraft Type .................. Part 121 Supplemental Includes Turbojet NA ................................. >= 20 seats. > 7,500 lbs .................... >= 6,000 lbs. Part 121 Supplemental Part 125. Includes Turbojet .......... Includes Turbojet. * All Rotorcraft Operations are conducted under Part 135. NA= Not applicable. The table below lists the proposed amendments. The first column identifies the part and section the FAA proposes to amend while the second column describes the change from the current state. The third column briefly Section describes the proposed change as either enabling, relieving, constraining, or as a technical amendment. Proposed change Impact PART 91—GENERAL OPERATING AND FLIGHT RULES Subpart B—Flight Rules § 91.146 Passenger-carrying flights for the benefit of a charitable, nonprofit, or community event. § 91.147 Passenger-carrying flights for compensation or hire. The proposed regulatory text would be revised to allow passenger-carrying flights for the benefit of a charitable, nonprofit, or community event to be conducted with powered-lift. The section would also be amended to replace the term ‘‘helicopters’’ with ‘‘rotorcraft’’. The proposed regulatory text would be revised to allow passenger-carrying flights for compensation or hire to be conducted with powered-lift. The section would also be amended to replace the term ‘‘helicopters’’ with ‘‘rotorcraft’’. Enabling. Enabling. PART 91—GENERAL OPERATING AND FLIGHT RULES Subpart K—Fractional Ownership Operation ddrumheller on DSK6VXHR33PROD with PROPOSALS § 91.1015 Management specifications The proposed regulatory text would replace the requirement for operations specifications to contain copies of all deviations and exemptions (including those applicable to a specific aircraft) with a requirement to include deviations and exemptions applicable only to the operator or airmen. Relieving. PART 110—GENERAL REQUIREMENTS § 110.2 Definitions ................................ VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 Certain definitions in this section would be revised to enable powered lift to conduct the kinds of air carrier operations. PO 00000 Frm 00013 Fmt 4702 Sfmt 4702 E:\FR\FM\07DEP1.SGM Enabling. 07DEP1 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules Section Proposed change 75007 Impact PART 119—CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS Subpart A—General § 119.1 Applicability .............................. § 119.5 Certifications, authorizations, and prohibitions. Section 119.1(a) would be revised to incorporate poweredlift with seating for 20 or more passengers or a maximum payload capacity of 6,000 pounds or more, of certificate holders when common carriage is not involved. Section 119.1(e) would include powered-lift and rotorcraft in the list of certain, specific types of operations that are excluded from the applicability of part 119. Section § 119.1(a) would be corrected to include certain airplanes and powered-lift with a passenger-seat configuration of less than 20 seats and a payload capacity of less than 6,000 pounds to be consistent with the existing § 119.23. Section 119.5 would be revised to incorporate powered-lift with seating for 20 or more passengers or a maximum payload capacity of 6,000 pounds or more, into the aircraft types authorized by the Administrator to be issued an operating certificate for conducting operations when common carriage is not involved. Enabling. Technical amendment. Enabling. PART 119—CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS Subpart B—Applicability of Operating Requirements to Different Kinds of Operations Under Part 121, 125, and 135 of This Chapter § 119.21 Commercial operators engaged in intrastate common carriage and direct air carriers. § 119.23 Operators engaged in passenger-carrying operations, cargo operations, or both with airplanes when common carriage is not involved. § 119.49 Contents of operations specifications. ddrumheller on DSK6VXHR33PROD with PROPOSALS § 119.65 Management personnel required for operations conducted under part 121 of this chapter. VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 Section 119.21(a) would be revised to require commercial operators of powered-lift that are engaged in intrastate common carriage of persons or property for compensation or hire, or as a direct air carrier, to comply with either part 121 or part 135 depending on the kind of operation they conduct. Domestic, flag, and supplemental operations are to be conducted under part 121. Commuter and on-demand operations are to be conducted under part 135. Section 119.23(a) would be revised to require commercial operators of powered-lift when common carriage is not involved to comply in accordance with requirements in either part 125 or part 135. Aircraft size in terms of number of seats and payload capacity determines which part is applicable to the operator. The proposed regulatory text would replace the requirement for a certificate holder’s operations specifications to contain copies of all deviations and exemptions (including those applicable to a specific aircraft) with a requirement to include deviations and exemptions applicable only to the operator or airmen. The proposed rule would require certificate holders have a Chief Pilot, as qualified under § 119.67, for each category of aircraft the certificate holder uses. The proposed rule would continue to permit the Administrator to approve positions or numbers of positions other than those described in the regulation, based in part on the number and type of aircraft used. PO 00000 Frm 00014 Fmt 4702 Sfmt 4702 E:\FR\FM\07DEP1.SGM Imposes requirements on certain operators of powered-lift that are equivalent to the requirements currently imposed on similar operators. No additional regulatory cost. Imposes requirements on certain operators of powered-lift that are equivalent to the requirements currently imposed on similar operators. No additional regulatory cost. Relieving. Potential cost only if a certificate holder uses both powered-lift and airplanes. Amendment requires a part 121 certificate holder to have a Chief Pilot for each category of aircraft in the certificate holder’s fleet. The proposed rule’s reference to ‘‘category’’ would mean a broad classification of aircraft such as airplane and powered-lift. 07DEP1 75008 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules Section Proposed change Impact § 119.67 Management personnel: Qualifications for operations conducted under part 121 of this chapter. Director of Operations: The proposed regulatory text for the Part 121 certificate holder Director of Operations management position is restructured for clarity. It also replaces the term ‘‘airplane’’ with ‘‘aircraft’’. Chief Pilot: The proposed regulatory text is restructured for clarity and replaces ‘‘airplanes’’ with ‘‘aircraft,’’ which could encompass airplanes and powered-lift. The amendment also requires the holder(s) of the Chief Pilot position for a Part 121 certificate holder to have an airline transport pilot (ATP) certificate, with appropriate ratings, for at least one of the aircraft within each category of the certificate holder’s fleet. Similarly, the Chief Pilot will need the Pilot in Command time as the current regulation states. Director of Maintenance: The proposed regulatory text replaces ‘‘airplanes’’ with ‘‘aircraft,’’ which could encompass airplanes and powered-lift. Chief Inspector: The proposed regulatory text is restructured for clarity and replaces ‘‘airplanes’’ with ‘‘aircraft,’’ which could encompass airplanes and powered-lift. Imposes requirements on operators of powered-lift that are equivalent to the requirements currently imposed on certificate holders that use airplanes. No additional regulatory cost. PART 121—OPERATING REQUIREMENTS; DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS Subpart A—General § 121.1 Applicability .............................. § 121.1(c) Applicability .......................... The proposed regulatory text replaces ‘‘airplanes’’ with ‘‘aircraft’’ that certificate holders would take actions to support continued airworthiness of each aircraft, which includes powered-lift used in domestic, flag, or supplemental operations as defined in § 110.2. The proposed regulatory text makes a technical correction to section 121.1(c) by removing ‘‘SFAR No. 58’’ and replacing it with ‘‘subpart Y’’ which was codified on September 16, 2005. Imposes requirements on operators of powered-lift that are equivalent to the requirements currently imposed on certificate holders that use airplanes. No additional regulatory cost. No impact—technical amendment. PART 121—OPERATING REQUIREMENTS; DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS Subpart Q—Flight Time Limitations and Rest Requirements: Domestic Operations § 121.470 Applicability .......................... The proposed regulatory text of paragraph (a) would reProvides options to certificate holders place ‘‘airplanes’’ with ‘‘aircraft’’ to permit certificate holdusing powered-lift in operations under ers using powered-lift in domestic, all-cargo operations of part 121 that are equivalent to the a certain size, to adhere to the requirements of options currently allowed. No addi§§ 135.261 through 135.272. These requirements set tional regulatory cost. forth flight time limitations and rest requirements. In addition, paragraph (b) would permit certificate holders that conduct scheduled operations entirely within Alaska or Hawaii using specific size aircraft to have the option of complying with subpart R of part 121 for those operations. PART 121—OPERATING REQUIREMENTS; DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS Subpart R—Flight Time Limitations and Rest Requirements: Flag Operations § 121.480 Applicability .......................... The proposed regulatory text would replace ‘‘airplanes’’ with ‘‘aircraft’’ to permit certificate holders using poweredlift in flag, all-cargo operations, and operations of a certain size to adhere to the requirements of §§ 135.261 through 135.273. These requirements set forth flight time limitations and rest requirements. Provides options to certificate holders using powered-lift in operations under part 121 that are equivalent to the options currently allowed. No additional regulatory cost. PART 121—OPERATING REQUIREMENTS; DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS Subpart S—Flight Time Limitations and Rest Requirements: Supplemental Operations ddrumheller on DSK6VXHR33PROD with PROPOSALS § 121.500 Applicability .......................... VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 The proposed regulatory text would replace ‘‘airplanes’’ with ‘‘aircraft’’ to permit certificate holders using poweredlift in supplemental, all-cargo operations, of a certain size, to adhere to the requirements of §§ 135.261 through 135.273. These requirements set forth flight time limitations and rest requirements. PO 00000 Frm 00015 Fmt 4702 Sfmt 4702 E:\FR\FM\07DEP1.SGM Provides options to certificate holders using powered-lift in operations under part 121 that are equivalent to the options currently allowed. No additional regulatory cost. 07DEP1 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules Section Proposed change 75009 Impact PART 125—CERTIFICATION AND OPERATIONS: AIRCRAFT HAVING A SEATING CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT § 125.1 Applicability .............................. § 125.23 Rules applicable to operations subject to this part. Part 125 applies only to noncommon carriage operations conducted with airplanes that have a seating configuration of 20 or more passengers or a maximum payload capacity of 6,000 pounds or more. Noncommon carriage operations are those that occur for compensation or hire ‘‘that does not involve a holding out to others.’’ Operators that conduct noncommon carriage do not exhibit a willingness to transport people or property indiscriminately. As a result, they do not advertise, sell seats on a planned flight, or negotiate trip details. The proposed rule would amend § 125.1 to incorporate powered lift into the statements regarding applicability of part 125. This proposed rule would also amend § 125.23 to change the word ‘‘airplane’’ to ‘‘aircraft,’’ as § 125.23 generally addresses applicability of certain rules and standards concerning operations. Imposes requirements on operators of powered-lift that are equivalent to the requirements currently imposed on certificate holders that use airplanes. No additional regulatory cost. Imposes requirements on operators of powered-lift that are equivalent to the requirements currently imposed on certificate holders that use airplanes. No additional regulatory cost. PART 136—COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT Subpart A—National Air Tour Safety Standards § 136.1 Applicability and definitions ..... § 136.3 Letters of Authorization ............ § 136.5 Additional requirements for Hawaii. § 136.9 Life preservers for operations over water. § 136.11 water. Rotorcraft floats for over § 136.13 Performance plan and operations. ddrumheller on DSK6VXHR33PROD with PROPOSALS Subpart D—Special Operating Rules for Air Tour Operators in the State of Hawaii. The proposed change incorporates powered-lift and rotorcraft alongside airplanes for applicability of Part 136— Commercial Air Tours and National Parks Air Tour Management—Subpart A. The proposed change would be a technical amendment that changes the phrase ‘‘14 CFR 119.51’’ to ‘‘§ 119.51 of this chapter’’. The proposed amendment would be updated to reflect the recodification of Appendix A as Subpart D. The proposed amendment to § 136.9 ensures the safety of each occupant for operations over water by requiring a multi-engine aircraft to be operated at a weight as provided in the approved aircraft flight manual for that aircraft. The section title and this section would be revised to extend to other rotorcraft, the requirements for helicopter floats for operations that occur overwater beyond the shoreline. The section title and this section would be revised to extend requirements for helicopter performance plans to rotorcraft. The performance plan must be based on information in the approved Aircraft Flight Manual for that aircraft. This amendment recodifies ‘‘Appendix A’’ as ‘‘Subpart D’’ and extends the applicability of operating rules for Air Tour Operators in the State of Hawaii to include operations conducted with powered-lift and rotorcraft. 1. Benefits This proposed rule would enable air carrier and other commercial operations of powered-lift to occur by extending the applicability of the appropriate set of operating rules that would apply both risk mitigation measures and a framework for FAA oversight, as necessary to ensure safety. Operations that occur with poweredlift could offer many benefits. For example, some powered-lift may be capable of transporting heavier loads at higher altitudes and faster cruise speeds than helicopters, yet they maintain the capability of taking off and landing vertically. The faster cruise speeds and range could also improve response VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 times by as much as 50 percent for search and rescue operations and allow a higher level of life-saving care during transport because of a smoother flight profile compared to helicopters.40 In addition powered-lift operations could increase the efficiency of crew transport to oil rigs as they move further from land, or other offshore locations with smaller landing areas. Certificate holders may also seek to use poweredlift for transporting passengers point-topoint; for example, transportation could occur from a heliport and proceed at 40 Military, GLOBALSECURITY.ORG (last visited August 22, 2022), available at https:// www.globalsecurity.org/military/world/europe/ aw609.htm. PO 00000 Frm 00016 Fmt 4702 Sfmt 4702 Enabling. No impact—technical amendment. No impact—technical amendment. Enabling—no impact over and above current requirements. Enabling—no impact over and above current requirements. Enabling—no impact over and above current requirements. Enabling—no impact over and above current requirements. turbo-prop airspeeds and ranges. Using powered-lift for transport of passengers could increase the capacity of the NAS and reduce delays without requiring additional infrastructure.41 Powered-lift projects exist that are either in certification, design, proof of concept, or prototype phases of design refinement. One project underway is a 9-passenger tilt-rotor turboshaft design. This manufacturer is also in the conceptual design phase of a 2041 Costa, Guillermo J., Conceptual Design of a 150-Passenger Civil Tiltrotor, NASA Ames Research Center—Aeromechanics Branch (Aug. 2012), (last visited August 22, 2022) available at https:// rotorcraft.arc.nasa.gov/Publications/files/ Guillermo_Costa_TR150_Paper.pdf. E:\FR\FM\07DEP1.SGM 07DEP1 75010 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules passenger powered-lift. Another powered-lift project underway is seeking to become the first certificated electric Vertical Takeoff and Landing (eVTOL) operator under part 119 to carry passengers in the United States. 2. Costs and Costs Savings Cost Savings—Operations Specifications The FAA proposes to amend provisions in §§ 119.49(a)(12), (b)(12), (c)(11) and 91.1015(b)(9) as the FAA has determined they are broad and unduly burdensome. Currently, these provisions require a certificate holder’s operations specifications to contain a list of exemptions and deviations issued under 14 CFR chapter 1 that are applicable to the aircraft, the operator, and airmen. The proposed rule would require only exemptions and deviations that apply to the certificate holder (rather than to the aircraft) to be retained in operations specifications. Although the amendment to these provisions is relieving, the costs savings are minimal because the operations specifications are maintained electronically. ddrumheller on DSK6VXHR33PROD with PROPOSALS Costs—Part 121 Certificate Holder Chief Pilot Management Position As a result of applying the rules of part 121 to certificate holders that operate powered-lift and fulfill the terms of either domestic, flag, or supplemental operations, this proposed rulemaking expands the part 119 certificate holder requirements for the part 121 management position of Chief Pilot (§ 119.65). As amended, the certificate holder would be required to have a Chief Pilot for each category of aircraft used by the certificate holder to conduct operations. Currently, the Chief Pilot is only required to have an ATP certificate, with appropriate ratings, for at least one of the airplanes used in the certificate holder’s operations. One person may be able to meet the requirements of the Chief Pilot. This person would have to be dual qualified in both airplanes and powered-lift. A certificate holder’s cost may increase if more than one Chief Pilot is hired to meet the qualification requirements. Although the definitional changes to § 110.2 would enable part 121 certificate holders to have a fleet mix of more than one category of aircraft, the FAA is unaware of whether such certificate holders would choose to do so. However, if a part 121 certificate holder chooses to conduct operations with aircraft other than airplanes, the certificate holder’s cost of retaining a Chief Pilot would be minimal because the individual filling this position could be acting in the position of Chief Pilot VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 while also serving as a line pilot. Should Part 121 certificate holders choose to conduct operations with a mixed aircraft fleet, it is expected that they would do so only if the expected benefits exceeded its costs. Subsequently, the economic impact of the proposed amendments for the qualifications of Chief Pilot will be minimal. The FAA seeks comment on whether the proposed change that would require a part 121 certificate holder to have a Chief Pilot for each category of aircraft used to conduct operations would be minimal cost to the certificate holder. B. Regulatory Flexibility Determination The Regulatory Flexibility Act of 1980 (RFA) established the purpose of the RFA was to ensure agencies, in issuing regulations, ‘‘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.’’ 42 The RFA further directs agencies as follows: ‘‘[t]o 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.’’ 43 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. The proposed rule may impact small entities but would have a minimal economic impact as the proposed rule is enabling while imposing minimal costs. First and foremost, the proposed rule changes definitions contained in § 110.2 and the appropriate applicability of sections within part 119 to enable 42 Public Law 96–354 sec. 2(b), 94 Stat. 1164 (Sept. 19, 1980). 43 Id. PO 00000 Frm 00017 Fmt 4702 Sfmt 4702 powered-lift to conduct air carrier and other certain commercial operations, commercial air tours and noncommon carriage operations. Absent the proposed rule, an air carrier desiring to conduct operations using powered-lift would not be able to comply with the requirements of 49 U.S.C. 44701(d) or 44705. Such operations, therefore, would be prohibited in the absence of this proposed rule. Secondly, the proposed rule would remove the requirement for a certificate holder to maintain a list of exemptions and deviations related to aircraft in its fleet as required by §§ 119.49(a)(12), (b)(12), (c)(11) and 91.1015(a)(9). The impact could provide minimal relief for certificate holders by reducing the volume of records certificate holders must retain in their operations specifications. Lastly, due to a change in the definitions contained in 14 CFR 110.2, this proposed rule would enable part 121 certificate holders to conduct operations using powered-lift. As a result, the proposed rule would revise part 121 certificate holder management qualifications for the Chief Pilot. Current regulations require Chief Pilots to have an ATP certificate for at least one of the airplanes used in a certificate holder’s operations. As proposed, the regulations would require the certificate holder to have a Chief Pilot qualified for each category of aircraft that the certificate holder uses. The FAA determines that the expansion of the qualifications for the position of Chief Pilot resulting from enabling additional aircraft categories to conduct part 121 operations would impose a minimal economic impact for part 121 certificate holders. Considering that this rulemaking is enabling, a part 121 certificate holder will voluntarily choose to operate a fleet of more than one aircraft category only if the expected benefits of doing so exceed the costs. The FAA seeks comment on whether the proposed change that requires a part 121 certificate holder to have a Chief Pilot for each category of aircraft used to conduct operations would be minimal cost to the operator. The Small Business Administration (SBA) defines small businesses that operate a scheduled or nonscheduled airline to be 1,500 employees or less.44 At the end of calendar year 2021, employment data was available for each of the 59 carriers reporting employment 44 U.S. Small Business Administration Table of Small Business Size Standards Matched to North American Industry Classification System Codes U.S. Small Business Admin., available at https:// www.sba.gov/sites/default/files/files/Size_ Standards_Table.pdf. E:\FR\FM\07DEP1.SGM 07DEP1 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules data to the U.S. Department of Transportation.45 This data reveals that 23 of the 59 reporting carriers are large entities and 36 are small entities. This proposed rule would also affect over 2,600 additional entities for which employment data is sparse.46 While some of these entities may be large, a majority are anticipated to be small. If an agency determines that a rulemaking would 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 would not result in a significant economic impact on a substantial number of small entities. The FAA requests comments on this determination. C. International Trade Impact Assessment ddrumheller on DSK6VXHR33PROD with PROPOSALS 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 analyzed this proposed rule in conjunction with the requirements of the Trade Agreements Act of 1979, as amended by the Uruguay Round Agreements Act. The FAA has determined the proposed rule would not present any obstacle to foreign commerce of the United States. In addition, the proposed rule is not contrary to international standards. 45 Airline Employment Data by Month, Bureau of Transp. Statistics, available at https:// www.transtats.bts.gov/Employment/. Information reported is from filings for December 2021. 46 FAA Internal Data as of July 2022 shows the approximate number of certificate holders to be as follows: part 121—58; part 135—1,877; part 121 and 135—6; § 91.147 Air Tour Operators—957 (252 of § 91.147 operators also hold a part 135 certificate); part 125—38; part 91K Fractional Ownerships—10. VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 D. Unfunded Mandates Assessment The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531–1538) governs the issuance of Federal regulations that require unfunded mandates. An unfunded mandate is a regulation that requires a State, local, or tribal government or the private sector to incur direct costs without the Federal government having first provided the funds to pay those costs. The FAA determined that the proposed rule will not result in the expenditure of $165 million or more by State, local, or tribal governments, in the aggregate, or the private sector, in any one year. This 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 the FAA consider the impact of paperwork and other information collection burdens imposed on the public. According to the regulations that implement the Act, codified at 5 CFR 1320.8(b)(2)(vi), an agency may not collect or sponsor the collection of information, nor may it impose an information collection requirement, unless it displays a currently valid Office of Management and Budget (OMB) control number. This action contains the following proposed revisions to existing information collection requests. As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), the FAA has submitted these proposed information collection request revisions to OMB for its review. None of the information collection instruments would change for this proposed rule; the FAA would continue to collect the necessary information in the same manner that the FAA described in its prior notices concerning the information collections. The Office of Management and Budget has approved the FAA’s collection of information for purposes of such compliance.47 However, this NPRM proposes to increase the potential number of respondents to whom the information collection requirements apply. Each section below identifies the information collections affected by this NPRM. The FAA has estimated the increase in the existing burden based on four-part 119 certificate holders 47 Certification: Air Carriers and Commercial Operators, Supporting Statement: Information Collection Request Reference No. 2120–0593 (April 19, 2021), available at https://www.reginfo.gov/ public/do/PRAViewICR?ref_nbr=202011-2120-001. PO 00000 Frm 00018 Fmt 4702 Sfmt 4702 75011 beginning part 135 operations with powered-lift by the end of the third year following publication of the final rule.48 While this NPRM would permit part 119 certificate holders to conduct operations under part 121, the FAA does not believe that any such certificate holders would do so in the first three years following finalization of this NPRM. Therefore, the FAA has not estimated any burden increase for existing information collection 2120– 0008, Part 121 Operating Requirements: Domestic, Flag, and Supplemental Operations, at this time. Further, the FAA does not believe that any such certificate holders would conduct operations under part 125 in the first three years following finalization of this NPRM. Therefore, the FAA has not estimated any burden increase for existing information collection 2120– 0085. The FAA seeks comment regarding these assumptions. 1. Revision of Existing Information Collection 2120–0593: Federal Aviation Regulation Part 119—Certification: Air Carriers and Commercial Operators 49 This proposed rule would extend the requirements of part 119 to certificate holders that conduct operations with powered-lift. Abstract: Organizations that desire to become or remain certified as air carriers or commercial operators are mandated to report information to the FAA. The information collected reflects requirements necessary under parts 135, 121, and 125 to conform to 14 CFR part 119—Certification: Air Carriers and Commercial Operators. The FAA will use the information it collects and reviews to ensure compliance and adherence to regulations and, if applicable, to take enforcement action on violators of the regulations. The FAA has estimated the increase in the existing burden based on four certificate holders beginning poweredlift operations by the end of the third 48 Official FAA forecasts related to the operation of powered-lift in the National Airspace System (NAS) have yet to be developed. As of July 2022, approximately 10 applicants were undergoing type certification at FAA for powered-lift projects. Two of these projects have progressed further through the approval process and could be issued a type certificate as early as 2024. For purposes of estimating the increase in the existing information collection, it is determined four part 119 certificate holders will begin part 135 operations with powered-lift by the end of the third year following finalization of this proposed rule. Publicly available data was used to forecast the powered-lift fleet. Forecasts for airmen and departures were developed based on utilization of the fleet (i.e., hours flown). 49 Ibid. E:\FR\FM\07DEP1.SGM 07DEP1 75012 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules year following finalization of this NPRM.50 Note that not all information collection requirements are proposed to have a burden increase because of the proposed revision to this information collection. TABLE 3—THREE-YEAR BURDEN ESTIMATE FOR INFORMATION COLLECTION 2120–0593 CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS Section Section title 119.33c ......... 119.35 ........... Proving Test Plan ......... Certificate Application Reqts—all Operators. Certificate Application Reqts for Commercial Operators. Amending a Certificate Management Personnel Required, Pt 135. Management Personnel Qualifications, Pt 135. 119.36 ........... 119.41c ......... 119.69e3 ....... 119.71f .......... Number of respondents Number of responses Total responses Time per response— technical ($32.21/hr) Time per response— admin. asst. ($24.51/hr) Total burden (hours) Total burden (cost) 4 4 1 1 4 4 2.0 80.0 1.0 16.0 12 384 $356 11,876 4 1 4 2.0 4.0 24 650 1 4 1 1 1 4 0.5 1.0 0.1 0.5 0.6 6 19 178 4 1 4 1.0 0.5 6 178 .................... .................... .................... .................... .................... 433 13,256 Note: Column and row totals may not sum due to rounding. 2. Revision of Existing Information Collection 2120–0607: Pilot Records Improvement Act of 1996/Pilot Records Database 51 Abstract: With the exception of Form 8060–14 and –15, an operator utilizes the various 8060 forms to report a request for the applicable records of all applicants for the position of pilot with their company as needed under PRIA. The information collected on these forms will be used only to facilitate search and retrieval of the requested records, and submission is mandatory until PRIA sunsets. Operators then ‘‘may use such records only to assess the qualification of the individual in deciding whether or not to hire the individual as a pilot.’’ (49 U.S.C. 44703(h)(11)). For purposes of this incremental information collection the FAA expects pilots to access the pilot records database web-based application to release records to operators for review and to update employment history. In turn, the hiring operator uses the information to help them perform a comprehensive assessment of the pilot prior to making a hiring decision, as required by the Act. The FAA has estimated the increase in the existing burden for this collection based on four-part 119 certificate holders employing 129 commercial pilots holding an airmen’s certificate in the powered-lift category by the end of the third year following finalization of this proposed rule. Note that not all information collection requirements are proposed to have a burden increase as a result of the proposed revision to this information collection. TABLE 6—THREE-YEAR BURDEN ESTIMATE FOR INFORMATION COLLECTION 2120–0607 52 PILOT RECORDS DATABASE Year 1 ddrumheller on DSK6VXHR33PROD with PROPOSALS New Pilots ........................................................................................................ Cumulative Pilots ............................................................................................. 50 This burden is based on work performed by technical specialists and/or administrative assistants. The fully-burdened hourly wage used to estimate costs includes the base hourly wage for each job category plus an increase to account for fringe benefits and overhead. The base hourly wage for the technical specialist and administrative assistant is estimated to be $20.95 and $15.95, respectively (source: https://www.payscale.com/ research/US/Job=Technical_Specialist/Salary; https://www.payscale.com/research/US/ Job=Administrative_Assistant/Hourly_Rate). The base wage is increased by a multiplier of 34.1 percent for fringe benefits (source: https:// www.bls.gov/news.release/ecec.nr0.htm) and 17.0 percent for overhead (source) Cody Rice, U.S. Environmental Protection Agency, ‘‘Wage Rates for Economic Analyses of the Toxics Release Inventory Program’’ June 10, 2002, https:// www.regulations.gov/document?D=EPA-HQ-OPPT2014-0650-0005). Summing together the base hourly wage, fringe benefits, and overhead results in a VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 Year 2 0 0 fully-loaded hourly wage of $32.21 for a technical specialist and $24.51 for an administrative assistant. 51 Official FAA forecasts related to the operation of powered-lift in the National Airspace System (NAS) have yet to be developed. Thus, forecasts for operators of part 135 aircraft and fleet were prepared solely for the purpose of estimating the cost of the information collections affiliated with this proposed rule, and developed using publicly available data related to orders and options for powered-lift. FAA notes that none of the orders for the multitude of powered-lift aircraft models being developed are firm as of the time of this writing, with the exception of one model. Using the fleet forecast and an assumption for fleet utilization (i.e. hours flown), forecasts for airmen and departures were also developed to estimate costs of the paperwork burden. 52 Occupational Employment and Wages, May 2019, 11–3121 Human Resources Managers, Bureau of Labor Statistics, Mean Hourly Wage Rate PO 00000 Frm 00019 Fmt 4702 Sfmt 4702 Year 3 44 44 Total 85 129 129 ........................ ($62.29). https://www.bls.gov/oes/2019/may/ oes113121.htm. The fully-burdened wage rate is $91.33 and includes employee compensation that is related to fringe benefits and is estimated to be 31.8 percent of the fully-burdened wage. Source: Bureau of Labor Statistics, Employer Costs for Employee Compensation (https://www.bls.gov/news.release/ pdf/ecec.pdf; data provided in news release vary slightly by month). The FAA used a ground instructor base hourly wage rate ($31.56) as a proxy for the pilot non-flying base hourly wage rate (source: Bureau of Labor Statistics (BLS) Occupational Employment Statistics for Air Transportation Industry. https://www.bls.gov/oes/ 2019/may/oes131151.htm: Training and Development Specialists (13–1151). The fullyburdened wage rate is $46.28 and includes employee compensation related to benefits that is estimated to be 31.8 percent of the fully-burdened wage. (Source: Bureau of Labor Statistics, Employer Costs for Employee Compensation.) E:\FR\FM\07DEP1.SGM 07DEP1 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules Events per year Pilot activity—by event Hrs per event Year 1 (hrs) Year 2 (hrs) Year 3 (hrs) 75013 Total (hrs) Database Registration—New Pilots ......... Input Employment History—New Pilots ... 1.0 1.0 0.33 0.03 0 0 14.5 1.3 28.1 2.6 42.6 3.9 Total Time (Hours) ............................ ........................ ........................ 0.0 15.8 30.7 46.5 Pilot activity—by cost Cost per hr Year 1 Year 2 Year 3 Total Database Registration—New Pilots ..................................... Input Employment History—New Pilots ............................... $46.28 46.28 $0 0 $671 60 $1,301 120 $1,972 181 Total Cost ..................................................................... ........................ 0 731 1,421 2,152 Events per year Operator activity—by event Hrs per event Year 1 (hrs) Year 2 (hrs) Year 3 (hrs) Total (hrs) Training/checking events—Cumul. Pilots Ground training events—Cumul. Pilots ... Verification of NDR * Search—New Pilots Initial train/check—New Pilots ................. 2.7 1.0 0.5 1.0 0.07 0.07 0.01 0.07 0 0 0 0 8.3 3.1 0.2 3.1 24.4 9.0 0.4 6.0 32.7 12.1 0.6 9.1 Total Time (Hours) ............................ ........................ ........................ 0 14.7 39.8 54.5 Operator events—by cost Cost per hr Year 1 Year 2 Year 3 Total Training/checking events—Cumul. Pilots ............................ Ground training events—Cumul. Pilots ............................... Verification of NDR * Search—New Pilots ........................... Initial train/check—New Pilots ............................................. $91.33 91.33 91.33 91.33 $0 0 0 0 $758 283 18 283 $2,228 822 37 548 $2,986 1,105 55 4,146 Total Cost ..................................................................... ........................ 0 1,343 3,635 8,293 Note: Row and column totals may not sum due to rounding. 3. Revision of Existing Information Collection 2120–0535: Anti-Drug Program for Personnel Engaged in Specified Aviation Activities 53 Abstract: Part 119 certificate holders with the authority to operate under part 121 and 135, air tour operators as defined in 14 CFR 91.147, non-FAA or Military Air Traffic Control Facilities, contractors, or repair stations under 14 CFR part 145 that conduct drug and alcohol testing programs are mandated to report information to this collection. The FAA uses this information for determining program compliance or non-compliance of regulated aviation employers, oversight planning, determining who must provide a mandatory annual Management Information System (MIS) testing information, and communicating with entities subject to the program regulations. In addition, the information is used to ensure that appropriate action is taken regarding crewmembers and other safety-sensitive employees who have tested positive for drugs or alcohol or have refused to submit to testing. The collection includes reporting, recordkeeping, and disclosure information. Using the information reported on the annual MIS allows the FAA Administrator to determine the random testing rates for the following year, which is published in the Federal Register. The FAA has estimated the incremental increase in the existing burden for this collection based on four powered-lift operators entering service by the end of the third year following finalization of this proposed rule. Below are the reporting requirements for this information collection. Note that not all information collection requirements are proposed to have a burden increase because of the proposed revision to this information collection. TABLE 8—THREE-YEAR BURDEN ESTIMATE FOR INFORMATION COLLECTION 2120–0535 ANTI-DRUG PROGRAM FOR PERSONNEL ENGAGED IN SPECIFIED AVIATION ACTIVITIES Responses (three years) ddrumheller on DSK6VXHR33PROD with PROPOSALS PRA task item Promulgate Policy ................................................................ Registration (New or Amended) .......................................... Supervisory Drug and Alcohol Training ............................... Employee Training Documentation ...................................... Reasonable Cause/Suspicion Documentation .................... Voluntary Disclosure ............................................................ Emergency Maintenance ..................................................... 53 Official FAA forecasts related to the operation of powered-lift in the National Airspace System (NAS) have yet to be developed. Thus, forecasts for operators of part 135 aircraft and fleet were prepared solely for the purpose of estimating the cost of the information collections affiliated with VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 Time per response (hours) 4 4 6 129 1.5 1.0 1 16.00 1.00 0.25 0.25 2.00 40.00 1.25 this proposed rule, and developed using publicly available data related to orders and options for powered-lift. FAA notes that none of the orders for the multitude of powered-lift aircraft models being developed are firm as of the time of this writing, with the exception of one model. Using the fleet PO 00000 Frm 00020 Fmt 4702 Sfmt 4702 Total 3-yr burden (hours) 64.0 4.0 1.6 32.3 3.0 40.0 1.3 Fully-burdened hourly wage ($25.33) $25.33 25.33 25.33 25.33 25.33 25.33 25.33 Total 3-yr burden ($) $1,621 101 41 817 76 1,013 32 forecast and an assumption for fleet utilization (i.e. hours flown), forecasts for airmen and departures were also developed to estimate costs of the paperwork burden. E:\FR\FM\07DEP1.SGM 07DEP1 75014 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules TABLE 8—THREE-YEAR BURDEN ESTIMATE FOR INFORMATION COLLECTION 2120–0535 ANTI-DRUG PROGRAM FOR PERSONNEL ENGAGED IN SPECIFIED AVIATION ACTIVITIES—Continued Responses (three years) PRA task item Time per response (hours) Total 3-yr burden (hours) Fully-burdened hourly wage ($25.33) Total 3-yr burden ($) Scientifically Valid Random Testing Process ...................... Medical Review Officer Recordkeeping Provision ............... 83 4 1.00 0.25 82.8 1.0 25.33 25.33 2,097 25 Total Incremental Change for OMB 2120–0535 .......... 234 ........................ 229.9 ........................ 5,823 Note: Row and column totals may not sum due to rounding. ddrumheller on DSK6VXHR33PROD with PROPOSALS The FAA is soliciting comments to— (1) Evaluate whether the proposed information requirement is necessary for the proper performance of the functions of the FAA, including whether the information will have practical utility; (2) Evaluate the accuracy of the FAA’s estimate of the burden; (3) Enhance the quality, utility, and clarity of the information to be collected; and (4) Minimize the burden of collecting information on those who are to respond, including by using appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), the FAA has submitted these updated estimates to OMB for its review. Individuals and organizations may send comments on the information collection requirement to the address listed in the ADDRESSES section at the beginning of this preamble by February 6, 2023. Comments also should be submitted to the Office of Management and Budget, Office of Information and Regulatory Affairs, Attention: Desk Officer for FAA, New Executive Office Building, Room 10202, 725 17th Street NW, Washington, DC 20053. F. International Compatibility and Cooperation In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to conform to International Civil Aviation Organization (ICAO) Standards and Recommended Practices to the maximum extent practicable. The FAA has reviewed the corresponding ICAO Standards and Recommended Practices and has identified no differences with these standards and recommended practices. 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 VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 Environmental Policy Act in the absence of extraordinary circumstances. The FAA has determined this rulemaking action qualifies for the categorical exclusion identified in paragraph 5–6.6f for regulations and involves no extraordinary circumstances. V. 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 (Aug. 4, 1999). The agency has determined 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. As a result, this proposed rule 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. 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, Promoting International Regulatory 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 PO 00000 Frm 00021 Fmt 4702 Sfmt 4702 this action would have no effect on international regulatory cooperation. VI. 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 agency may change this proposal in light of the comments it receives. B. Confidential Business Information Confidential Business Information (CBI) is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), CBI is exempt from public disclosure. If your comments responsive to this NPRM contain commercial or financial information that is customarily treated as private, that you actually treat as private, and that is relevant or responsive to this NPRM, it is important that you clearly designate the submitted comments as CBI. Please mark each page of your submission containing CBI as ‘‘PROPIN.’’ The FAA will treat such marked submissions as confidential under the FOIA, and they will not be placed in the public docket of this E:\FR\FM\07DEP1.SGM 07DEP1 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules NPRM. Submissions containing CBI should be sent to the person in the FOR FURTHER INFORMATION CONTACT section of this document. Any commentary that the FAA receives which is not specifically designated as CBI will be placed in the public docket for this rulemaking. C. Electronic Access and Filing A copy of this NPRM, all comments received, any final rule, and all background material may be viewed online at https://www.regulations.gov using the docket number listed above. A copy of this proposed rule will be placed in the docket. Electronic retrieval help and guidelines are available on the website. It is available 24 hours each day, 365 days each year. An electronic copy of this document may also be downloaded from the Office of the Federal Register’s website at https:// www.federalregister.gov and the Government Publishing Office’s website at https://www.govinfo.gov. A copy may also be found at the FAA’s Regulations and Policies website at https:// www.faa.gov/regulations_policies. 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) 267–9677. 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 in the electronic docket for this rulemaking. List of Subjects 14 CFR Part 91 Air carrier, Air taxis, Air traffic control, Aircraft, Airmen, Airports, Aviation safety, Charter flights, Reporting and recordkeeping requirements, Transportation. ddrumheller on DSK6VXHR33PROD with PROPOSALS 14 CFR Part 110 Administrative practice and procedure, Air carriers, Aircraft, Aviation safety, Charter flights, Reporting and recordkeeping requirements. 14 CFR Part 119 Administrative practice and procedure, Air carriers, Aircraft, Aviation safety, Charter flights, Reporting and recordkeeping requirements. 14 CFR Part 121 Air carriers, Aircraft, Airmen, Aviation safety, Charter flights, VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 Reporting and recordkeeping requirements, Safety, Transportation. 14 CFR Part 125 Aircraft, Airmen, Aviation safety, Reporting and recordkeeping requirements. 14 CFR Part 136 Air transportation, Aircraft, Aviation safety, National parks, Recreation and recreation areas, Reporting and recordkeeping requirements. In consideration of the foregoing, the Federal Aviation Administration proposes to amend chapter I of title 14, Code of Federal Regulations as follows: PART 91—GENERAL OPERATING AND FLIGHT RULES 1. The authority citation for part 91 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 40113, 40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506–46507, 47122, 47508, 47528– 47531, 47534, Pub. L. 114–190, 130 Stat. 615 (49 U.S.C. 44703 note); articles 12 and 29 of the Convention on International Aviation (61 Stat. 1180), (126 Stat. 11). 2. Amend § 91.146 by revising the introductory text of paragraph (b) and paragraphs (b)(2), (b)(3), (b)(5), and (b)(7) to read as follows: ■ § 91.146 Passenger-carrying flights for the benefit of a charitable, nonprofit, or community event. * * * * * (b) Passenger-carrying flights in airplanes, powered-lift, or rotorcraft for the benefit of a charitable, nonprofit, or community event identified in paragraph (c) of this section are not subject to the certification requirements of part 119 or the drug and alcohol testing requirements in part 120 of this chapter, provided the following conditions are satisfied and the limitations in paragraphs (c) and (d) of this section are not exceeded: * * * * * (2) The flight is conducted from a public airport that is adequate for the aircraft used, or from another location the FAA approves for the operation; (3) The aircraft has a maximum of 30 seats, excluding each crewmember seat, and a maximum payload capacity of 7,500 pounds; * * * * * (5) Each aircraft holds a standard airworthiness certificate, is airworthy, and is operated in compliance with the applicable requirements of subpart E of this part; * * * * * PO 00000 Frm 00022 Fmt 4702 Sfmt 4702 75015 (7) Reimbursement of the operator of the aircraft is limited to that portion of the passenger payment for the flight that does not exceed the pro rata cost of owning, operating, and maintaining the aircraft for that flight, which may include fuel, oil, airport expenditures, and rental fees; * * * * * ■ 3. Amend § 91.147 by revising paragraph (a) to read as follows: § 91.147 Passenger-carrying flights for compensation or hire. * * * * * (a) For the purposes of this section and for drug and alcohol testing, Operator means any person conducting nonstop passenger-carrying flights in an airplane, powered-lift, or rotorcraft for compensation or hire in accordance with § 119.1(e)(2), § 135.1(a)(5), or § 121.1(d) of this chapter that begin and end at the same airport and are conducted within a 25-statute mile radius of that airport. * * * * * ■ 4. Amend § 91.1015 by revising paragraph (a)(9) to read as follows: § 91.1015 Management specifications. (a) * * * (9) Any authorized deviation and exemption that applies to the person conducting operations under this subpart; and * * * * * PART 110—GENERAL REQUIREMENTS 5. The authority citation for part 110 is revised to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g), 40101, 40102, 40103, 40113, 44105, 44106, 44111, 44701–44717, 44722, 44901, 44903, 44904, 44906, 44912, 44914, 44936, 44938, 46103, 46105. 6. Amend § 110.2 by revising the introductory text of the definition of ‘‘commercial air tour’’, the definitions of ‘‘commuter operation’’, ‘‘domestic operation’’, ‘‘flag operation’’, ‘‘ondemand operation’’, and ‘‘supplemental operation’’ to read as follows: ■ § 110.2 Definitions. * * * * * Commercial air tour means a flight conducted for compensation or hire in an airplane, powered-lift, or rotorcraft where a purpose of the flight is sightseeing. The FAA may consider the following factors in determining whether a flight is a commercial air tour: * * * * * Commuter operation means any scheduled operation conducted by any E:\FR\FM\07DEP1.SGM 07DEP1 ddrumheller on DSK6VXHR33PROD with PROPOSALS 75016 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules person operating one of the following types of aircraft with a frequency of operations of at least five round trips per week on at least one route between two or more points according to the published flight schedules: (1) Rotorcraft; or (2) Airplanes or powered-lift that: (i) Are not turbojet-powered; (ii) Have a maximum passenger-seat configuration of 9 seats or less, excluding each crewmember seat; and (iii) Have a maximum payload capacity of 7,500 pounds or less. * * * * * Domestic operation means any scheduled operation conducted by any person operating any aircraft described in paragraph (1) of this definition at locations described in paragraph (2) of this definition: (1) Airplanes or powered-lift that: (i) Are turbojet-powered; (ii) Have a passenger-seat configuration of more than 9 passenger seats, excluding each crewmember seat; or (iii) Have a payload capacity of more than 7,500 pounds. (2) Locations: (i) Between any points within the 48 contiguous States of the United States or the District of Columbia; or (ii) Operations solely within the 48 contiguous States of the United States or the District of Columbia; or (iii) Operations entirely within any State, territory, or possession of the United States; or (iv) When specifically authorized by the Administrator, operations between any point within the 48 contiguous States of the United States or the District of Columbia and any specifically authorized point located outside the 48 contiguous States of the United States or the District of Columbia. * * * * * Flag operation means any scheduled operation conducted by any person operating any aircraft described in paragraph (1) of this definition at locations described in paragraph (2) of this definition: (1) Airplanes or powered-lift that: (i) Are turbojet-powered; (ii) Have a passenger-seat configuration of more than 9 passenger seats, excluding each crewmember seat; or (iii) Have a payload capacity of more than 7,500 pounds. (2) Locations: (i) Between any point within the State of Alaska or the State of Hawaii or any territory or possession of the United States and any point outside the State of Alaska or the State of Hawaii or any VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 territory or possession of the United States, respectively; or (ii) Between any point within the 48 contiguous States of the United States or the District of Columbia and any point outside the 48 contiguous States of the United States and the District of Columbia; or (iii) Between any point outside the U.S. and another point outside the U.S. * * * * * On-demand operation means any operation for compensation or hire that is one of the following: (1) Passenger-carrying operations conducted as a public charter under part 380 of this chapter or any operations in which the departure time, departure location, and arrival location are specifically negotiated with the customer or the customer’s representative that are any of the following types of operations: (i) Common carriage operations conducted with airplanes or poweredlift, including any that are turbojetpowered, having a passenger-seat configuration of 30 seats or fewer, excluding each crewmember seat, and a payload capacity of 7,500 pounds or less. The operations described in this paragraph do not include operations using a specific airplane or powered-lift that is also used in domestic or flag operations and that is so listed in the operations specifications as required by § 119.49(a)(4) of this chapter, for those operations are considered supplemental operations; (ii) Noncommon or private carriage operations conducted with airplanes or powered-lift having a passenger-seat configuration of less than 20 seats, excluding each crewmember seat, and a payload capacity of less than 6,000 pounds; or (iii) Any rotorcraft operation. (2) Scheduled passenger-carrying operations conducted with one of the following types of aircraft, other than turbojet-powered aircraft, with a frequency of operations of less than five round trips per week on at least one route between two or more points according to the published flight schedules: (i) Airplanes or powered-lift having a maximum passenger-seat configuration of 9 seats or less, excluding each crewmember seat, and a maximum payload capacity of 7,500 pounds or less; or (ii) Rotorcraft. (3) All-cargo operations conducted with airplanes or powered-lift having a payload capacity of 7,500 pounds or less, or with rotorcraft. * * * * * PO 00000 Frm 00023 Fmt 4702 Sfmt 4702 Supplemental operation means any common carriage operation for compensation or hire conducted with any aircraft described in paragraph (1) of this definition that is a type of operation described in paragraph (2) of this definition: (1) Airplanes or powered-lift that: (i) Have a passenger-seat configuration of more than 30 seats, excluding each crewmember seat. (ii) Have a payload capacity of more than 7,500 pounds. (iii) Are propeller-powered and: (A) Have a passenger-seat configuration of more than 9 seats and less than 31 seats, excluding each crewmember seat; and (B) Are used in domestic or flag operations but are so listed in the operations specifications as required by § 119.49(a)(4) of this chapter for such operations. (iv) Are turbojet-powered and: (A) Have a passenger seat configuration of 1 or more but less than 31 seats, excluding each crewmember seat; and (B) Are used in domestic or flag operations and are so listed in the operations specifications as required by § 119.49(a)(4) of this chapter for such operations. (2) Types of operation: (i) Operations for which the departure time, departure location, and arrival location are specifically negotiated with the customer or the customer’s representative. (ii) All-cargo operations. (iii) Passenger-carrying public charter operations conducted under part 380 of this chapter. * * * * * PART 119—CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS 7. The authority citation for part 119 is revised to read as follows: ■ Authority: Pub. L. 111–216, sec. 215 (August 1, 2010); 49 U.S.C. 106(f), 106(g), 40101, 40102, 40103, 40113, 44105, 44106, 44111, 44701–44717, 44722, 44901, 44903, 44904, 44906, 44912, 44914, 44936, 44938, 46103, 46105. 8. Amend § 119.1 by revising paragraph (a)(2), adding paragraph (a)(3), and revising the introductory text of paragraph (e), paragraphs (e)(2), (e)(4)(v), (e)(5), the introductory text of paragraph (e)(7), paragraphs (e)(7)(i), (e)(7)(iii), and (e)(7)(vii), to read as follows: ■ § 119.1 Applicability. (a) * * * (2) When common carriage is not involved, in operations of any U.S.- E:\FR\FM\07DEP1.SGM 07DEP1 ddrumheller on DSK6VXHR33PROD with PROPOSALS Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules registered civil airplane or powered-lift with a seat configuration of 20 or more passengers, or a maximum payload capacity of 6,000 pounds or more; or (3) When noncommon carriage is involved, except as provided in § 91.501(b) of this chapter, or in private carriage for compensation or hire, in operations of any U.S.-registered civil airplane or powered-lift with a passenger-seat configuration of less than 20 seats and a payload capacity of less than 6,000 pounds. * * * * * (e) Except for operations when common carriage is not involved conducted with any airplane or powered-lift having a passenger-seat configuration of 20 seats or more, excluding any required crewmember seat, or a payload capacity of 6,000 pounds or more, this part does not apply to— * * * * * (2) Nonstop Commercial Air Tours that occur in an airplane, powered-lift, or rotorcraft having a standard airworthiness certificate and passengerseat configuration of 30 seats or fewer and a maximum payload capacity of 7,500 pounds or less that begin and end at the same airport, and are conducted within a 25-statute mile radius of that airport, in compliance with the Letter of Authorization issued under § 91.147 of this chapter. For nonstop Commercial Air Tours conducted in accordance with part 136, subpart B of this chapter, National Parks Air Tour Management, the requirements of this part apply unless excepted in § 136.37(g)(2). For Nonstop Commercial Air Tours conducted in the vicinity of the Grand Canyon National Park, Arizona, the requirements of SFAR 50–2, part 93, subpart U, and this part, as applicable, apply. * * * * * (4) * * * (v) Powered-lift or rotorcraft operations in construction or repair work (but this exception does apply to transportation to and from the site of operations); and * * * * * (5) Sightseeing flights conducted in hot air balloons or gliders; * * * * * (7) Powered-lift or rotorcraft flights conducted within a 25 statute mile radius of the airport of takeoff if— (i) Not more than two passengers are carried in the aircraft in addition to the required flightcrew; * * * * * (iii) The aircraft used is certificated in the standard category and complies with VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 the 100-hour inspection requirements of part 91 of this chapter; * * * * * (vii) Cargo is not carried in or on the aircraft; * * * * * ■ 9. Amend § 119.5 by revising paragraphs (b) and (c) to read as follows: § 119.5 Certifications, authorizations, and prohibitions. * * * * * (b) A person not authorized to conduct direct air carrier operations, but authorized by the Administrator to conduct operations as a U.S. commercial operator, will be issued an Operating Certificate. (c) A person not authorized to conduct direct air carrier operations, but authorized by the Administrator to conduct operations when common carriage is not involved as an operator of any U.S.-registered civil airplane or powered-lift with a seat configuration of 20 or more passengers, or a maximum payload capacity of 6,000 pounds or more, will be issued an Operating Certificate. * * * * * ■ 10. Amend § 119.21 by revising the introductory text of paragraph (a) to read as follows: § 119.21 Commercial operators engaged in intrastate common carriage and direct air carriers. (a) Each person who conducts airplane or powered-lift operations as a commercial operator engaged in intrastate common carriage of persons or property for compensation or hire in air commerce, or as a direct air carrier, shall comply with the certification and operations specifications requirements in subpart C of this part, and shall conduct its: * * * * * ■ 11. Amend § 119.23 by revising the section heading, paragraphs (a) introductory text, (a)(2), and the introductory text of paragraph (b) to read as follows: § 119.23 Operators engaged in passengercarrying operations, cargo operations, or both with airplanes or powered-lift when common carriage is not involved. (a) Each person who conducts operations when common carriage is not involved with any airplane or poweredlift having a passenger-seat configuration of 20 seats or more, excluding each crewmember seat, or a payload capacity of 6,000 pounds or more, must, unless deviation authority is issued— * * * * * PO 00000 Frm 00024 Fmt 4702 Sfmt 4702 75017 (2) Conduct its operations in accordance with the requirements of part 125 of this chapter; and * * * * * (b) Each person who conducts noncommon carriage (except as provided in § 91.501(b) of this chapter) or private carriage operations for compensation or hire with any airplane or powered-lift having a passenger-seat configuration of less than 20 seats, excluding each crewmember seat, and a payload capacity of less than 6,000 pounds, must— * * * * * ■ 12. Amend § 119.49 by revising paragraphs (a)(12), (b)(12), and (c)(11) to read as follows: § 119.49 Contents of operations specifications. (a) * * * (12) Any authorized deviation or exemption from any requirement of this chapter that applies to the certificate holder. * * * * * (b) * * * (12) Any authorized deviation or exemption from any requirement of this chapter that applies to the certificate holder. * * * * * (c) * * * (11) Any authorized deviation or exemption from any requirement of this chapter that applies to the certificate holder. * * * * * ■ 13. Amend § 119.65 by revising paragraphs (a)(3) and (b)(2) to read as follows: § 119.65 Management personnel required for operations conducted under part 121 of this chapter. (a) * * * (3) Chief Pilot for each category of aircraft the certificate holder uses, as listed in § 61.5(b)(1) of this chapter. * * * * * (b) * * * (2) The number and type of aircraft used; and * * * * * ■ 14. Revise § 119.67 to read as follows: § 119.67 Management personnel: Qualifications for operations conducted under part 121 of this chapter. (a) Director of Operations. To serve as Director of Operations under § 119.65(a), a person must hold an airline transport pilot certificate and— (1) If the certificate holder uses large aircraft, at least 3 years of supervisory or managerial experience within the last 6 years in large aircraft, in a position E:\FR\FM\07DEP1.SGM 07DEP1 ddrumheller on DSK6VXHR33PROD with PROPOSALS 75018 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules that exercised operational control over any operations conducted under parts 121 or 135 of this chapter. (2) If the certificate holder uses large aircraft, at least 3 years of experience as pilot in command under parts 121 or 135 of this chapter in large aircraft in at least one of the categories of aircraft the certificate holder uses, as listed in § 61.5(b)(1) of this chapter. In the case of a person becoming Director of Operations for the first time, he or she must have accumulated this experience as pilot in command within the past 6 years. (3) If the certificate holder uses only small aircraft in its operations, the experience required in paragraphs (a)(1) and (2) of this section may be obtained in either large or small aircraft. (b) Chief Pilot. To serve as Chief Pilot under § 119.65(a), a person must: (1) Hold an airline transport pilot certificate with appropriate ratings in the category of aircraft that the certificate holder uses in its operations under part 121 and over which the Chief Pilot exercises responsibility; and (2) Have at least 3 years of experience as pilot in command in the same category of aircraft that the certificate holder uses, as listed in § 61.5(b). The experience as pilot in command described in this paragraph (b)(2) must: (i) Have occurred within the past 6 years, in the case of a person becoming a Chief Pilot for the first time. (ii) Have occurred in large aircraft operated under parts 121 or 135 of this chapter. If the certificate holder uses only small aircraft in its operation, this experience may be obtained in either large or small aircraft. (iii) Be in the same category of aircraft over which the Chief Pilot exercises responsibility. (c) Director of Maintenance. To serve as Director of Maintenance under § 119.65(a), a person must: (1) Hold a mechanic certificate with airframe and powerplant ratings; (2) Have 1 year of experience in a position responsible for returning aircraft to service; (3) Have at least 1 year of experience in a supervisory capacity under either paragraph (c)(4)(i) or (ii) of this section maintaining the same category and class of aircraft as the certificate holder uses; and (4) Have 3 years of experience within the past 6 years in one or a combination of the following— (i) Maintaining large aircraft with 10 or more passenger seats, including, at the time of appointment as Director of Maintenance, experience in maintaining the same category and class of aircraft as the certificate holder uses; or VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 (ii) Repairing aircraft in a certificated airframe repair station that is rated to maintain aircraft in the same category and class of aircraft as the certificate holder uses. (d) Chief Inspector. To serve as Chief Inspector under § 119.65(a), a person must: (1) Hold a mechanic certificate with both airframe and powerplant ratings, and have held these ratings for at least 3 years; (2) Have at least 3 years of maintenance experience on different types of large aircraft with 10 or more passenger seats with an air carrier or certificated repair station, 1 year of which must have been as maintenance inspector; and (3) Have at least 1 year of experience in a supervisory capacity maintaining the same category and class of aircraft as the certificate holder uses. (e) Deviation. A certificate holder may request a deviation to employ a person who does not meet the appropriate airman experience, managerial experience, or supervisory experience requirements of this section if the Manager of the Air Transportation Division or the Manager of the Aircraft Maintenance Division, as appropriate, finds that the person has comparable experience and can effectively perform the functions associated with the position in accordance with the requirements of this chapter and the procedures outlined in the certificate holder’s manual. Deviations under this paragraph may be granted after consideration of the size and scope of the operation and the qualifications of the intended personnel. The Administrator may, at any time, terminate any grant of deviation authority issued under this paragraph (e). PART 121—OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL OPERATIONS 15. The authority citation for part 121 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40119, 41706, 42301 preceding note added by Pub. L. 112–95, sec. 412, 126 Stat. 89, 44101, 44701–44702, 44705, 44709– 44711, 44713, 44716–44717, 44722, 44729, 44732; 46105; Pub. L. 111–216, 124 Stat. 2348 (49 U.S.C. 44701 note); Pub. L. 112–95 126 Stat 62 (49 U.S.C. 44732 note). 16. Amend § 121.1 by revising paragraphs (c) and (g) to read as follows: ■ § 121.1 Applicability. * * * * * (c) Each person who applies for provisional approval of an Advanced PO 00000 Frm 00025 Fmt 4702 Sfmt 4702 Qualification Program curriculum, curriculum segment, or portion of a curriculum segment under subpart Y of this part, and each person employed or used by an air carrier or commercial operator under this part to perform training, qualification, or evaluation functions under an Advanced Qualification Program under subpart Y of this part. * * * * * (g) This part also establishes requirements for operators to take actions to support the continued airworthiness of each aircraft. § 121.470 [Amended] 18. Amend § 121.470 in paragraphs (a) and (b) by removing the word ‘‘airplanes’’ and adding, in its place, the word ‘‘aircraft’’. ■ § 121.480 [Amended] 19. Amend § 121.480 in paragraph (a) by removing the word ‘‘airplanes’’ and adding, in its place, the word ‘‘aircraft’’. ■ § 121.500 [Amended] 20. Amend § 121.500 in paragraph (a) by removing the word ‘‘airplanes’’ and adding, in its place, the word ‘‘aircraft’’. ■ PART 125—[Amended] PART 125—CERTIFICATION AND OPERATIONS: AIRCRAFT HAVING A SEATING CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT 21. The authority citation for part 125 continues to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701–44702, 44705, 44710–44711, 44713, 44716–44717, 44722. 22. The heading for part 125 is revised as set forth above. ■ 23. Amend § 125.1 by revising paragraph (a), the introductory text of paragraph (b), paragraphs (b)(4), (c), and (e) to read as follows: ■ § 125.1 Applicability. (a) Except as provided in paragraphs (b) through (d) of this section, this part prescribes rules governing the operations of U.S.-registered civil airplanes and powered-lift, when those aircraft have a seating configuration of 20 or more passengers or a maximum payload capacity of 6,000 pounds or more when common carriage is not involved. (b) The rules of this part do not apply to the operations of aircraft specified in paragraph (a) of this section, when— * * * * * E:\FR\FM\07DEP1.SGM 07DEP1 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules (4) They are being operated under part 91 by an operator certificated to operate those aircraft under the rules of parts 121, 135, or 137 of this chapter, they are being operated under the applicable rules of part 121 or 135 of this chapter by an applicant for a certificate under part 119 of this chapter, or they are being operated by a foreign air carrier or a foreign person engaged in common carriage solely outside the United States under part 91 of this chapter; * * * * * (c) This part, except § 125.247, does not apply to the operation of aircraft specified in paragraph (a) of this section when they are operated outside the United States by a person who is not a citizen of the United States. * * * * * (e) This part also establishes requirements for operators to take actions to support the continued airworthiness of each aircraft. ■ 24. Revise the introductory text of § 125.23 to read as follows: § 125.23 Rules applicable to operations subject to this part. Each person operating an aircraft in operations under this part shall— * * * * * § 136.3 PART 136—COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT 25. The authority citation for part 136 is revised to read as follows: ■ Authority: 49 U.S.C. 106(f), 106(g), 40113, 40119, 44101, 44701–44702, 44705, 44709– 44711, 44713, 44716–44717, 44722, 44901, 44903–44904, 44912, 46105. 26. Amend § 136.1: a. By revising paragraph (a), the introductory text of paragraph (b), and paragraph (c); and ■ b. In paragraph (d): ■ i. By revising the introductory text of the definition of ‘‘commercial air tour’’; ■ ii. By removing the definition of ‘‘suitable landing area for helicopters’’; and ■ iii. By adding the definition of ‘‘suitable landing area for rotorcraft’’ The revisions and addition read as follows: ■ ■ ddrumheller on DSK6VXHR33PROD with PROPOSALS § 136.1 Applicability and definitions. (a) This subpart applies to each person operating or intending to operate a commercial air tour in an airplane, powered-lift, or rotorcraft and, when applicable, to all occupants of those aircraft engaged in a commercial air tour. When any requirement of this subpart is more stringent than any other requirement of this chapter, the person operating the commercial air tour must VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 comply with the requirement in this subpart. (b) This subpart applies to: * * * * * (c) This subpart does not apply to operations conducted in balloons, gliders (powered and un-powered), parachutes (powered and un-powered), gyroplanes, or airships. (d) * * * Commercial Air Tour means a flight conducted for compensation or hire in an airplane, powered-lift, or rotorcraft where a purpose of the flight is sightseeing. The FAA may consider the following factors in determining whether a flight is a commercial air tour for purposes of this subpart: * * * * * Suitable landing area for rotorcraft means an area that provides the operator reasonable capability to land in an emergency without causing serious injury to persons. This suitable landing area must be site-specific, designated by the operator, and accepted by the FAA. * * * * * ■ 27. Revise § 136.3 to read as follows: Letters of Authorization. Operators subject to this subpart who have Letters of Authorization may use the procedures described in § 119.51 of this chapter to amend or have the FAA reconsider those Letters of Authorization. ■ 28. Revise § 136.5 to read as follows: § 136.5 Additional requirements for Hawaii. Any operator subject to this subpart who meets the criteria of § 136.71 must comply with the additional requirements and restrictions in subpart D of this part. ■ 29. In § 136.9, revise the section heading and paragraphs (b)(1) through (b)(3) to read as follows: § 136.9 water. Life preservers for operations over * * * * * (b) * * * (1) The aircraft is equipped with floats; (2) The airplane is within power-off gliding distance to the shoreline for the duration of the time that the flight is over water; or (3) The aircraft is a multiengine that can be operated with the critical engine inoperative at a weight that will allow it to climb, at least 50 feet a minute, at an altitude of 1,000 feet above the surface, as provided in the approved aircraft flight manual for that aircraft. * * * * * ■ 30. Revise § 136.11 to read as follows: PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 § 136.11 75019 Rotorcraft floats for over water. (a) A rotorcraft used in commercial air tours over water beyond the shoreline must be equipped with fixed floats or an inflatable flotation system adequate to accomplish a safe emergency ditching, if— (1) It is a single-engine rotorcraft; or (2) It is a multi-engine rotorcraft that cannot be operated with the critical engine inoperative at a weight that will allow it to climb, at least 50 feet a minute, at an altitude of 1,000 feet above the surface, as provided in the approved aircraft flight manual for that aircraft. (b) Each rotorcraft that is required to be equipped with an inflatable flotation system under this section must have: (1) The activation switch for the flotation system on one of the primary flight controls; and (2) The flotation system armed when the rotorcraft is over water beyond the shoreline and is flying at a speed that does not exceed the maximum speed prescribed in the approved aircraft flight manual for flying with the flotation system armed. (c) Neither fixed floats nor an inflatable flotation system is required for a rotorcraft under this section when that rotorcraft is: (1) Over water only during the takeoff or landing portion of the flight; or (2) Operated within power-off gliding distance to the shoreline for the duration of the flight and each occupant is wearing a life preserver from before takeoff until the aircraft is no longer over water. ■ 31. Revise § 136.13 to read as follows: § 136.13 Performance plan. (a) Each operator that uses a rotorcraft must complete a performance plan before each commercial air tour or flight operated under §§ 91.146 or 91.147 of this chapter. The pilot in command must review for accuracy and comply with the performance plan on the day the flight occurs. The performance plan must be based on information in the approved aircraft flight manual for that aircraft taking into consideration the maximum density altitude for which the operation is planned, in order to determine: (1) Maximum gross weight and center of gravity (CG) limitations for hovering in ground effect; (2) Maximum gross weight and CG limitations for hovering out of ground effect; and (3) Maximum combination of weight, altitude, and temperature for which height/velocity information in the approved aircraft flight manual is valid. (b) Except for the approach to and transition from a hover for the purpose E:\FR\FM\07DEP1.SGM 07DEP1 75020 Federal Register / Vol. 87, No. 234 / Wednesday, December 7, 2022 / Proposed Rules of takeoff and landing, or during takeoff and landing, the pilot in command must make a reasonable plan to operate the rotorcraft outside of the caution/ warning/avoid area of the limiting height/velocity diagram. (c) Except for the approach to and transition from a hover for the purpose of takeoff and landing, during takeoff and landing, or when necessary for safety of flight, the pilot in command must operate the rotorcraft in compliance with the plan described in paragraph (b) of this section. Appendix A to Part 136—[Removed] 32. Remove Appendix A to part 136. ■ 33. Add new subpart D to part 136 to read as follows: ■ Subpart D—Special Operating Rules for Air Tour Operators in the State of Hawaii Sec. 136.71 Applicability. 136.73 Definitions. 136.75 Equipment and requirements. Subpart D—Special Operating Rules for Air Tour Operators in the State of Hawaii § 136.71 Applicability. (a) Except as provided in paragraph (b) of this section, this subpart prescribes operating rules for air tour flights conducted in airplanes, poweredlift, or rotorcraft under visual flight rules in the State of Hawaii pursuant to parts 91, 121, and 135 of this chapter. (b) This subpart does not apply to: (1) Operations conducted under part 121 of this chapter in airplanes with a passenger seating configuration of more than 30 seats or a payload capacity of more than 7,500 pounds. (2) Flights conducted in gliders or hot air balloons. § 136.73 Definitions. For the purposes of this subpart: Air tour means any sightseeing flight conducted under visual flight rules in an airplane, powered-lift, or rotorcraft for compensation or hire. Air tour operator means any person who conducts an air tour. ddrumheller on DSK6VXHR33PROD with PROPOSALS § 136.75 Equipment and requirements. (a) Flotation equipment. No person may conduct an air tour in Hawaii in a rotorcraft beyond the shore of any island, regardless of whether the rotorcraft is within gliding distance of the shore, unless: (1) The rotorcraft is amphibious or is equipped with floats adequate to accomplish a safe emergency ditching and approved flotation gear is easily accessible for each occupant; or VerDate Sep<11>2014 19:36 Dec 06, 2022 Jkt 259001 (2) Each person on board the rotorcraft is wearing approved flotation gear. (b) Performance plan. Each operator must complete a performance plan that meets the requirements of this paragraph (b) before each air tour flight conducted in a rotorcraft. (1) The performance plan must be based on information from the current approved aircraft flight manual for that aircraft, considering the maximum density altitude for which the operation is planned to determine the following: (i) Maximum gross weight and center of gravity (CG) limitations for hovering in ground effect; (ii) Maximum gross weight and CG limitations for hovering out of ground effect; and (iii) Maximum combination of weight, altitude, and temperature for which height-velocity information from the performance data is valid. (2) The pilot in command (PIC) must comply with the performance plan. (c) Operating limitations. Except for approach to and transition from a hover, and except for the purpose of takeoff and landing, the PIC of a rotorcraft may only operate such aircraft at a combination of height and forward speed (including hover) that would permit a safe landing in event of engine power loss, in accordance with the height-speed envelope for that rotorcraft under current weight and aircraft altitude. (d) Minimum flight altitudes. Except when necessary for takeoff and landing, or operating in compliance with an air traffic control clearance, or as otherwise authorized by the Administrator, no person may conduct an air tour in Hawaii: (1) Below an altitude of 1,500 feet above the surface over all areas of the State of Hawaii; (2) Closer than 1,500 feet to any person or property; or (3) Below any altitude prescribed by federal statute or regulation. (e) Passenger briefing. Before takeoff, each PIC of an air tour flight of Hawaii with a flight segment beyond the ocean shore of any island shall ensure that each passenger has been briefed on the following, in addition to requirements set forth in §§ 91.107, 121.571, or 135.117 of this chapter: (1) Water ditching procedures; (2) Use of required flotation equipment; and (3) Emergency egress from the aircraft in event of a water landing. PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 Issued in Washington, DC, under the authority of 49 U.S.C. 106(f) and 44701(a), on November 21, 2022. Jodi L. Baker, Deputy Associate Administrator, Aviation Safety. [FR Doc. 2022–25711 Filed 12–6–22; 8:45 am] BILLING CODE 4910–13–P ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 271 [EPA–R03–RCRA–2022–0280; FRL–9951– 01–R3] Delaware: Final Authorization of State Hazardous Waste Management Program Revisions Environmental Protection Agency (EPA). ACTION: Proposed rule. AGENCY: The State of Delaware has applied to Environmental Protection Agency (EPA) for final authorization of revisions to its hazardous waste program under the Resource Conservation and Recovery Act (RCRA). By this action, EPA proposes to grant final authorization to Delaware. In the ‘‘Rules and Regulations’’ section of this Federal Register, EPA is authorizing the revisions by a direct final rule. EPA did not make a proposal prior to the direct final rule because EPA believes this action is not controversial and does not expect comments that oppose it. EPA has explained the reasons for this authorization in the preamble to the direct final rule. Unless EPA receives written adverse comments pertaining to this State revision during the comment period, the direct final rule will become effective on the date it establishes, and EPA will not take further action on this proposed rulemaking. However, if EPA receives adverse comments pertaining to this State revision, EPA will publish a timely withdrawal in the Federal Register, and this direct final rule will not take effect. EPA will then respond to public comments in a later final rule based on this proposed rulemaking. You may not have another opportunity for comment. If you want to comment on this action, you must do so at this time. DATES: Send written comments by January 6, 2023. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R03– RCRA–2022–0351, at www.regulations.gov. Follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from SUMMARY: E:\FR\FM\07DEP1.SGM 07DEP1

Agencies

[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Proposed Rules]
[Pages 74995-75020]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-25711]



[[Page 74995]]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 91, 110, 119, 121, 125, 136

[Docket No. FAA-2022-1563; Notice No. 23-03]
RIN 2120-AL80


Update to Air Carrier Definitions

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT).

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to amend the regulatory definitions of 
certain air carrier and commercial operations. This proposed rule would 
add powered-lift to these definitions to ensure the appropriate sets of 
rules apply to air carriers' and certain commercial operators' 
operations of aircraft that FAA regulations define as powered-lift. The 
FAA also proposes to update certain basic requirements that apply to 
air carrier oversight, such as the contents of operations 
specifications and the qualifications applicable to certain management 
personnel. In addition, this proposed rule would apply the rules for 
commercial air tours to powered-lift. This proposed rule is an 
important step in the FAA's integration of new entrant aircraft in the 
National Airspace System (NAS).

DATES: Send comments on or before February 6, 2023.

ADDRESSES: Send comments identified by docket number FAA-2022-1563 
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), Department of 
Transportation 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 https://www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at https://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: Jackie Clow, Aviation Safety 
Inspector, Air Transportation Division, Flight Standards Service, 
Federal Aviation Administration, 800 Independence Avenue SW, 
Washington, DC 20591; telephone: 202-267-8166; email: 
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

I. Executive Summary
II. Legal Authority
III. Discussion of the Proposed Rule
    A. Powered-Lift in Air Carrier Operations
    B. Commercial Air Tours and Flights for the Benefit of 
Charitable, Nonprofit, or Community Events
IV. Regulatory Notices and Analyses
    A. Regulatory Evaluation
    B. Regulatory Flexibility Determination
    C. International Trade Impact Assessment
    D. Unfunded Mandates Assessment
    E. Paperwork Reduction Act
    F. International Compatibility and Cooperation
    G. Environmental Analysis
V. Executive Order Determinations
    A. Executive Order 13132, Federalism
    B. Executive Order 13211, Regulations That Significantly Affect 
Energy Supply, Distribution, or Use
    C. Executive Order 13609, Promoting International Regulatory 
Cooperation
VI. Additional Information
    A. Comments Invited
    B. Confidential Business Information
    C. Electronic Access and Filing

I. Executive Summary

    FAA regulations that apply to air carrier operations define five 
kinds of air carrier operations. The terms the FAA uses for air carrier 
operations are found in the applicability provisions for the 
appropriate set of operating rules. With this proposed rule, the FAA 
incorporates powered-lift into the definitions of five kinds of air 
carrier operations--commuter, domestic, flag, on-demand, and 
supplemental. The current air carrier definitions, as well as certain 
regulations that apply to other commercial operations of aircraft, only 
refer to ``airplanes'' and ``rotorcraft.'' To enable air carrier 
operations with powered-lift, the FAA proposes adding powered-lift to 
the definitions in Sec.  110.2 of Title 14 of the Code of Federal 
Regulations (14 CFR). This proposed rule would also extend the 
applicability of certain operating rules to powered-lift, such as the 
rules that apply to large aircraft operations that are not common 
carrier operations and rules that apply to commercial air tours.
    The FAA also proposes to update various provisions within 14 CFR 
part 119 (Certification: Air Carriers and Commercial Operators) to 
address air carriers' operations of powered-lift. This proposed rule 
would amend certain aircraft-specific provisions in Sec.  119.1, which 
outline the applicability of and exceptions from part 119. This 
proposed rule would add sight-seeing flights in gliders to the 
exclusions from part 119. Furthermore, this proposed rule would amend 
the qualification requirements for personnel in certain management 
positions for air carriers, to ensure they have appropriate experience 
in powered-lift operations. This proposed rule would make various 
technical amendments to part 119 for clarity and revise reflect current 
FAA practice pertaining to the information included in operations 
specifications. In addition, the proposed rule will revise certain 
recordkeeping requirements.

II. Legal Authority

    The FAA's authority to issue rules on aviation safety is codified 
throughout Title 49 of the United States Code. The FAA issues this 
proposed rule under the authority in section 106. Section 106(f) 
establishes that the Administrator may promulgate regulations and 
rules. Subtitle VII, Aviation Programs, describes in more detail the 
scope of the agency's authority. Furthermore, section 44701(a)(5) 
requires the Administrator to promote safe flight of civil aircraft in 
air commerce by prescribing regulations and setting minimum standards 
for other practices, methods, and procedures necessary for safety in 
air commerce and national security. Section 44702 provides express 
authority to the Administrator to issue certificates under and oversee 
aviation safety. In addition, section 44701(d)(1)(A) specifically 
states the Administrator, when prescribing safety regulations, must 
consider ``the duty of an air carrier to provide service with the 
highest possible degree of safety in the public interest.'' Similarly, 
section 44705 requires the Administrator to prescribe regulations for 
the issuance of air carrier operating certificates when the 
Administrator finds, after investigation, that the holder of the

[[Page 74996]]

certificate is properly and adequately equipped and able to operate 
safely.
    The FAA also proposes this rule in accordance with sections 44711 
and 44713. Section 44711(a)(4) prohibits a person from operating as an 
air carrier without an air carrier operating certificate or in 
violation of a term of the certificate. Similarly, section 44711(a)(5) 
prohibits a person from operating aircraft in air commerce in violation 
of a regulation prescribed or a certificate that the FAA issues under 
section 44701(a) or (b) or under sections 44702-44716. In addition, 
section 44713 requires air carriers to hold and comply with air carrier 
operating certificates and make, or cause to be made, inspections, 
repairs, or maintenance used in air transportation. Such regulations 
apply to operators by the provisions of 14 CFR parts 110 and 119, which 
this proposed rule would amend.

III. Discussion of the Proposed Rule

    This proposed rule would apply part 121 (Operating Requirements: 
Domestic, Flag, and Supplemental Operations), part 125 (Certification 
and Operations: Airplanes Having a Seating Capacity of 20 or More 
Passengers or a Maximum Payload Capacity of 6,000 Pounds or More; and 
Rules Governing Persons Onboard Such Aircraft), part 135 (Operating 
Requirements: Commuter and On Demand Operations and Rules Governing 
Persons Onboard Such Aircraft) and part 136 (Commercial Air Tours and 
National Parks Air Tour Management) to certain types of operations in 
powered-lift. This proposed rule would also amend Sec.  91.146 
(Passenger-carrying flights for the benefit of a charitable, nonprofit, 
or community event) and Sec.  91.147 (Passenger carrying flights for 
compensation or hire) to enable powered-lift into these types of 
operations. To use consistent aircraft terms throughout parts 110 and 
119, the FAA is also proposing to change the term helicopter to 
rotorcraft within Sec. Sec.  91.146, 91.147 and part 136. Therefore, 
all applicability regulations used in commercial service will use the 
same aircraft terms.
    The FAA is engaging in a multi-step process of updating the 
regulations that apply to aircraft that traditionally have not operated 
under these parts. Overall, the FAA maintains a risk-based approach to 
the integration of new entrant aircraft into the national airspace 
system. When operations present a higher level of risk, based on volume 
of passengers carried and frequency of operation, the FAA will subject 
such operations to a regulatory framework designed to mitigate those 
risks. In addition to this rulemaking, the FAA is proposing a Special 
Federal Aviation Regulation (SFAR), ``Integration of Powered-Lift: 
Pilot Certification and Operations'' (RIN 2120-AL72), to establish 
temporary operating and airman certification regulations for powered-
lift. The SFAR will enable industry to begin operating powered-lift 
while FAA gathers data to develop permanent regulations through a 
future rulemaking. The FAA plans to use the information gathered in 
this interim process to update its regulations to address powered-lift 
operations broadly.

A. Powered-Lift in Air Carrier Operations

    Title 14 CFR 1.1 defines powered-lift as ``a heavier-than-air 
aircraft capable of vertical takeoff, vertical landing, and low speed 
flight that depends principally on engine-driven lift devices or engine 
thrust for lift during these flight regimes and on nonrotating 
airfoil(s) for lift during horizontal flight.'' This low airspeed 
capability could result from aircraft configuration changes such as 
tilt-wing, tiltrotor, or tilt-propeller; thrust vectoring; direct-lift 
engines; or other means. In addition, the FAA has previously described 
powered-lift as being useful for civil applications, as these types of 
aircraft have ``vertical take-off and landing and hovering capability 
like helicopters,'' and are able to ``fly at higher airspeeds like 
airplanes.'' \1\
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    \1\ Pilot, Flight Instructor, Ground Instructor, and Pilot 
School Certificate Rules, 60 FR 41160, 41165 (Aug. 11, 1995).
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    At present, various manufacturers are developing powered-lift for 
civilian use. These aircraft vary in size and passenger-seating 
configurations and employ both new and traditional kinds of propulsion 
systems. The operations conceptualized include vertical takeoff and 
landing capability, transition from low airspeed to high-speed 
horizontal flight, and sustained level forward flight.
    Operations with powered-lift could offer many benefits over 
traditional rotorcraft. For example, some powered-lift may be capable 
of transporting heavier loads at higher altitudes and faster cruise 
speeds than a rotorcraft, while maintaining vertical takeoff and 
landing capability. Such capability may increase efficiency in 
transporting crew and material to remote locations such as offshore oil 
rigs. Operators may also seek to use powered-lift for transporting 
passenger's point-to-point; for example, such transportation could 
occur from a heliport and proceed at turboprop airspeeds and ranges. 
Other opportunities may also exist in concentrated urban environments, 
where short point-to-point distances coupled with vertical capability 
may allow for more efficient transportation of passengers or cargo than 
existing ground transportation methods. Application of the appropriate 
set of rules for powered-lift in a range of certificate holders' 
operations would serve as both a risk mitigation measure and a 
framework for FAA oversight, as necessary to achieve the requisite 
level of safety.
    The requirements of part 119 apply both to air carriers and other 
commercial operators. Part 119 provides the process for obtaining and 
maintaining an operating certificate. This proposed rule would apply 
the appropriate requirements of part 119 to powered-lift operations.
1. Applicability of Operating Rules
    This proposed rule would amend the following definitions in Sec.  
110.2 to include powered-lift: commuter operation, domestic operation, 
flag operation, on-demand operation, and supplemental operation. 
Therefore, the rules and applicability sections in 14 CFR chapter 1, 
subchapter G would include use of powered-lift in the kinds of 
operations. Amending these definitions along with other provisions of 
part 119 would enable powered-lift to engage in operations consistent 
with the applicable statutory framework that applies to air carrier and 
commercial operations.
i. Operations Under Parts 121 and 135
    Part 121 applies to three distinct kinds of operations of air 
carriers: domestic, flag, and supplemental. Both domestic and flag 
operations under part 121 currently consist of any scheduled flight 
operation \2\ using turbojet powered airplanes, or airplanes that have 
a passenger-seat configuration of more than 9 passenger seats,\3\ or 
that have a payload capacity of more than 7,500

[[Page 74997]]

pounds. Domestic operations occur between any points within the 48 
contiguous states of the United States or the District of Columbia or 
solely within any state, territory, or possession of the United States. 
Unlike domestic operations, flag operations are those that occur 
between any point within the State of Alaska, the State of Hawaii, or 
any territory or possession of the United States, and any point outside 
the State of Alaska or the State of Hawaii or any territory or 
possession of the United States, respectively. Flag operations also 
include scheduled operations in airplanes that occur between any point 
within the 48 contiguous States of the United States or the District of 
Columbia and any point outside the 48 contiguous States of the United 
States and the District of Columbia, as well as those that occur 
between any point outside the United States and another point outside 
the United States.
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    \2\ For purposes of determining which types of operations are 
``scheduled,'' the FAA uses its definition at Sec.  110.2, which 
provides, ``[s]cheduled operation means any common carriage 
passenger-carrying operation for compensation or hire conducted by 
an air carrier or commercial operator for which the certificate 
holder or its representative offers in advance the departure 
location, departure time, and arrival location. It does not include 
any passenger-carrying operation that is conducted as a public 
charter operation under part 380 of this chapter.''
    \3\ Throughout this description of the kinds of operations, each 
use of the term ``passenger-seat configuration'' for numerical 
thresholds and limitations excludes the number of crewmember seats. 
This is consistent with the existing text of each definition.
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    Supplemental operations under part 121 include any common carriage 
operation for compensation or hire using airplanes that have a 
passenger-seat configuration of more than 30 seats or that have a 
payload capacity of more than 7,500 pounds. Supplemental operations 
also include those in which the airplane is also used in domestic or 
flag operations and is listed in the operations specifications for such 
operations when the airplane is either propeller-powered and has more 
than 9 and less than 31 passenger seats, or turbojet-powered and has 1 
or more and less than 31 passenger seats. The definition of 
``supplemental operation'' also specifies that the operations are 
either all-cargo operations, passenger-carrying public charter 
operations under part 380, or operations for which the departure time 
and location, as well as the arrival location, are specifically 
negotiated.
    Part 135 applies to two kinds of operations: on-demand and 
commuter.
    On-demand operations are those either conducted as a public charter 
under part 380 or any operations in which the departure time and 
location and arrival location are specifically negotiated with the 
customer and are: in rotorcraft; common carriage operations with 
airplanes (including turbojet-powered airplanes) that have a passenger-
seat configuration of 30 seats or fewer and a payload capacity of 7,500 
pounds or less; or noncommon or private carriage operations conducted 
with airplanes having a passenger-seat configuration of less than 20 
seats and a payload capacity of less than 6,000 pounds. On-demand 
operations also include scheduled passenger-carrying operations that 
consist of less than five round-trips per week on at least one route 
between two or more points according to its published flight schedules 
in airplanes (other than turbojet-powered airplanes) that have a 
maximum passenger-seat configuration of 9 seats or less and a maximum 
payload capacity of 7,500 pounds or less, or in any rotorcraft. 
Finally, on-demand operations also include all-cargo operations 
conducted with airplanes having a payload capacity of 7,500 pounds or 
less, or with rotorcraft.\4\
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    \4\ As noted above, ``all-cargo air transportation'' means ``the 
transportation by aircraft in interstate air transportation of only 
property or only mail, or both.'' 49 U.S.C. 40102(a)(10).
---------------------------------------------------------------------------

    Commuter operations are scheduled operations \5\ conducted by any 
person operating airplanes (other than turbojet-powered airplanes) that 
have a maximum passenger-seat configuration \6\ of 9 seats or less and 
a maximum payload capacity of 7,500 pounds or less, as well as all 
rotorcraft, when such operations conduct at least five round trips per 
week on at least one route between two or more points according to its 
published flight schedules.
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    \5\ The definition of ``scheduled operation'' is codified at 14 
CFR 110.2.
    \6\ Throughout this description of the kinds of operations, each 
use of the term ``passenger-seat configuration'' for numerical 
thresholds and limitations excludes crewmember seats. This is 
consistent with the existing text of each definition.
---------------------------------------------------------------------------

    Part 121 currently applies to any turbojet-powered airplane with 
one or more passenger seats used for scheduled operations. Scheduled 
operations under part 135 that are generally ``commuter'' operations 
are limited to 9 seats or fewer and cannot occur in turbojet airplanes. 
The FAA previously determined that the operations of small turbojets, 
which are used for operations such as transoceanic, long range and 
international, are like the operations of large air carriers.\7\ To 
ensure safety of passengers carried in those kinds of operations, the 
provisions of part 121 apply to scheduled operations of turbojet 
airplanes. This proposed rule would include turbojet-powered powered-
lift alongside the term ``turbojet powered airplane'' to ensure 
consistency in applying the appropriate risk mitigation measures for 
operations of turbojet-powered aircraft.
---------------------------------------------------------------------------

    \7\ Commuter Operations and General Certification and Operations 
Requirements, 60 FR 65832, 65838 (Dec. 20, 1995).
---------------------------------------------------------------------------

    Under this proposed rule, part 121 would apply to operations that 
air carriers conduct with powered-lift when they fulfill the criteria 
of the definitions of domestic, flag, and supplemental operations, 
while part 135 would apply to operations that certificate holders 
conduct with powered-lift that meet the criteria of commuter and on-
demand operations. Many of the requirements in part 121 are distinct 
from the requirements that apply to operations under part 135. In this 
regard, the aircraft passenger-seat configuration and payload capacity 
maximums that differentiate applicability of parts 121 and 135, are 
longstanding, regulatory distinctions with which certificate holders 
are familiar and are appropriate for applying to powered-lift.\8\ The 
FAA has crafted operating rules designed to mitigate the risks of 
operations of aircraft operating under parts 121 and 135. As a result, 
the scaled approach of risk mitigations in both parts remains 
appropriate because powered-lift that are large and carry passengers in 
scheduled operations generally present a higher level of risk.
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    \8\ In Commuter Operations and General Certification and 
Operations Requirements, the FAA cited its 1953 rulemaking in which 
the FAA set forth the requirement that airplanes with a maximum 
certificated takeoff weight of 12,500 pounds or less would be 
permitted to carry fewer than 10 passengers in on-demand air taxi 
service. 60 FR 65832, 65835 (Dec. 20, 1995).
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a. 121 Applicability
    Section 121.1 establishes the applicability of part 121, which 
prescribes the rules governing air carrier operations conducted under 
domestic, flag, or supplemental operations. Section 121.1(g) currently 
states, ``This part also establishes requirements for operators to take 
actions to support the continued airworthiness of each airplane.'' 
Section 121.1(g) is the only paragraph in section 121.1 that currently 
uses the term ``airplane.'' The FAA proposes to revise paragraph (g) to 
apply to ``aircraft'' instead of ``airplane.'' This change in section 
121.1 is necessary to correspond to the changes in parts 110 and 119 to 
extend the applicability of these parts to powered-lift.
    The FAA also proposes to make a technical correction to section 
121.1(c) by removing ``SFAR No. 58'' and replacing it with ``subpart 
Y'' which was codified on September 16, 2005.
b. Certain Flight Time Limitations and Rest Requirements Under Part 121
    With regard to flight time limitations and rest requirements, this 
proposed rule would amend Sec. Sec.  121.470, 121.480, and 121.500 to 
replace the word ``airplanes'' with the term ``aircraft.'' Section 
121.470 applies the provisions of part 121, subpart Q to domestic all-
cargo operations; Sec.  121.480 applies the provisions of part 121, 
subpart R to flag all-cargo operations; and Sec.  121.500 applies the 
provisions of part 121,

[[Page 74998]]

subpart S to supplemental all-cargo operations. These sections all 
contain an exception that is available for certificate holders 
conducting operations with airplanes having a passenger-seat 
configuration of 30 seats or fewer (excluding each crewmember seat) and 
a payload capacity of 7,500 pounds or less: in such airplanes, 
certificate holders may opt to comply with the requirements of 
Sec. Sec.  135.261 through 135.273, rather than the provisions in 
subparts Q, R, or S of part 121. Permitting this option for powered-
lift that conduct operations in aircraft with a seat configuration of 
30 seats or fewer (excluding each crewmember seat and a payload 
capacity of 7,500 pounds or less is appropriate because the FAA has 
previously determined that specific flight time limitations and rest 
requirements of Sec. Sec.  135.261 through 135.273 adequately address 
the risk associated with lack of rest in such operations.\9\
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    \9\ The FAA states in the preamble to the 2012 final rule, 
Flightcrew Member Duty and Rest Requirements, that it attempted to 
impose the least possible burden on air carriers, consistent with 
the need to improve safety. Consequently, the rule imposes stringent 
limits in safety-critical areas and less stringent limits in other 
areas. For example, the FAA recognizes that the costs for all-cargo 
operations to comply with more stringent duty and rest requirements 
would ``significantly exceed the quantified societal benefits.'' See 
Flightcrew Member Duty and Rest Requirements, 77 FR 330, 332 (Jan. 
4, 2012).
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    In addition, Sec.  121.470 contains an exception for operations 
conducted entirely within Alaska or Hawaii with airplanes having a 
passenger-seat configuration of more than 30 seats (excluding each 
crewmember seat) or a payload capacity of more than 7,500 pounds: these 
airplanes may comply with subpart R of part 121 instead (pertaining to 
flag all-cargo operations).\10\ Permitting this option for powered-lift 
that conduct such operations entirely within the States of Alaska or 
Hawaii is appropriate for the same reasons the FAA permits this 
exception for similarly sized airplanes. Thus, for such operations, the 
specific flight time limitations and rest requirements of subpart R 
adequately address the risk associated with lack of rest.\11\
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    \10\ The FAA allows all-cargo operations conducted entirely 
within the States of Alaska or Hawaii to comply with the flight time 
limitations under subpart R--pertaining to flag operations--because 
those operations are included under the definition of ``flag 
operation'' in 14 CFR 110.2.
    \11\ Flightcrew Member Duty and Rest Requirements, 77 FR 330, 
331 (Jan. 4, 2012); 78 FR 69287 (Nov. 19, 2013).
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ii. Operations Under Part 125
    As with the applicability of parts 121 and 135 to distinct types of 
air carrier operations, part 119 states that operators conducting 
noncommon carriage are subject to the rules of either part 125 or part 
135.
    When noncommon carriage occurs in an airplane having a passenger 
seat configuration of less than 20 seats, excluding crewmember seats, 
and a payload capacity of less than 6,000 pounds, Sec.  119.23(b) 
requires those operations to be conducted under part 135 as on-demand 
operations. When noncommon carriage occurs in an airplane having a 
seating configuration of 20 or more passengers or a maximum payload 
capacity of 6,000 pounds or more, part 125 applies. This proposed rule 
would amend the applicability provisions relevant to noncommon or 
private carriage operations such that those provisions would include 
powered-lift. This proposed rule would amend paragraphs (a), (b), (c), 
and (e) of Sec.  125.1, to add the term ``powered-lift'' or, where 
appropriate, ``aircraft.'' These amendments incorporate powered-lift 
into the statements regarding applicability of part 125 requirements.
    Large powered-lift, due to their size, weight, and passenger 
capacity, present a level of risk that part 125 mitigates. Requiring 
large powered-lift conducting noncommon carriage operations to comply 
with part 125 would ensure an appropriate level of safety. These 
requirements and standards mitigate safety risks of large aircraft 
operating under part 125; extending them to noncommon carriage 
operations of large powered-lift is consistent with the FAA's strategy 
for mitigating risks. The FAA's proposed amendments to Sec. Sec.  
119.23 and 125.1 would clarify that operators that conduct noncommon 
carriage operations in powered-lift would do so under the rules of part 
125, provided they fall within the scope outlined in Sec.  119.23(a). 
This proposed rule would also change the term from ``airplane'' to 
``aircraft'' in the title of part 125 and amend Sec.  125.23 to change 
the word ``airplane'' to ``aircraft,'' as Sec.  125.23 generally 
addresses applicability of certain rules and standards concerning 
operations.
2. Requirements and Applicability of Part 119
    Part 119 contains basic requirements that apply to each person that 
operates or intends to operate a civil aircraft as an air carrier or 
commercial operator, or both, in air commerce. These requirements, 
which include the obligation to maintain current operations 
specifications and employ management personnel who are sufficiently 
qualified to oversee certain aspects of the certificate holder's 
operation, are a critical means by which the FAA oversees air carrier 
and commercial operations. This proposed rule would amend provisions 
concerning the applicability of other rules, management personnel 
qualifications, and exceptions from the applicability of part 119. The 
incorporation of powered-lift into such provisions would provide 
consistency in FAA oversight of air carrier and commercial operations.
    The FAA also proposes to revise Sec.  119.1(a) to apply part 119 to 
airplanes and powered lift conducting noncommon carriage or private 
carriage operations for compensation or hire with a passenger-seat 
configuration of less than 20 seats and a payload capacity of less than 
6,000 pounds. This proposed amendment is consistent with the existing 
Sec.  119.23, which requires airplanes meeting those specifications to 
comply with certain certification, operations, and operations 
specifications requirements.
    Similarly, the FAA also proposes to amend Sec.  119.5(c) to include 
powered-lift operations in the description of which persons will be 
issued an Operating Certificate for operations when common carriage is 
not involved. The FAA also proposes to amend Sec. Sec.  119.21 and 
119.23 to apply appropriate requirements to powered-lift operations of 
commercial operators engaged in intrastate common carriage or 
operations when common carriage is not involved, respectively.
    The existing types of operations excluded from part 119 are: 
student instruction; aerial work operations; nonstop commercial air 
tours that fulfill certain criteria; ferry or training flights; 
sightseeing flights in hot air balloons; nonstop flights conducted 
within 25 statute miles of the airport of takeoff that are for the 
purpose of intentional parachute operations; helicopter flights 
conducted within a 25 statute-mile-radius of the airport of takeoff 
that fulfill certain limiting criteria; operations that occur under 
part 133 (Rotorcraft External-Load Operations) or part 375 (Navigation 
of Foreign Civil Aircraft Within the United States); emergency mail 
service operations; operations conducted under Sec.  91.321 (Carriage 
of candidates in elections); and small unmanned aircraft systems 
operations conducted under part 107 (Small unmanned aircraft systems).
    Many operations subject to exclusion do not specify the type of 
aircraft eligible for the exclusion; however, some exclusions apply 
only to helicopters or only to airplanes and helicopters. Specifically, 
a subset of the exclusion for operations used in construction or repair 
work currently

[[Page 74999]]

applies only to helicopter flights. In addition, the exclusion that 
covers nonstop commercial air tours is specific to operations in either 
airplanes or helicopters. An exclusion also exists for helicopter 
flights conducted within a 25-statute-mile radius of the airport of 
takeoff that meet certain, specific criteria. This proposed rule would 
broaden each of these exclusions to cover operations conducted in both 
powered-lift and rotorcraft.
    The proposed use of the term ``rotorcraft'' \12\ throughout Sec.  
119.1 will ensure consistency with other applicability provisions of 
part 119. For example, Sec.  119.25 states that each person that 
conducts rotorcraft operations for compensation or hire must do so in 
accordance with the applicable rules of part 135. In addition, the 
definitions of ``commuter'' and ``on-demand'' codified in Sec.  110.2 
use only the term ``rotorcraft.'' Accordingly, using the term 
``rotorcraft,'' as defined in Sec.  1.1, consistently throughout part 
119, rather than the term ``helicopter,'' is appropriate.
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    \12\ With respect to aircraft certification, rotorcraft are a 
``class'' of aircraft as defined in Sec.  1.1, while helicopters are 
a kind of rotorcraft. Section 1.1 defines ``class'' as ``a broad 
grouping of aircraft having similar characteristics of propulsion, 
flight, or landing. Examples include: airplane, rotorcraft, glider . 
. . .'' Section 1.1 defines ``helicopter'' as ``a rotorcraft that, 
for its horizontal motion, depends principally on its engine-driven 
rotors.''
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    The proposed rule would replace ``helicopter'' with ``rotorcraft'' 
and add ``powered-lift'' to the exclusion described at Sec.  
119.1(e)(4)(v). Section 119.1(e)(4) lists six specific types of aerial 
work operations to which part 119 does not apply. These operations 
include crop dusting, banner towing, aerial photography or surveying, 
firefighting, construction and repair work, and powerline and pipeline 
patrol. The existing regulatory text that excludes operations for 
construction and repair work under Sec.  119.1(e)(4)(v) specifically 
applies only when the operator uses helicopters. Examples of aerial 
work operations that fulfill the exception criteria of Sec.  
119.1(e)(4)(v) include replacing air conditioners in large buildings; 
work on photovoltaic cells, cellular towers, and other types of towers; 
and performing construction in buildings in which the movement of heavy 
construction loads up several levels via rotorcraft saves energy and 
time. The FAA anticipates powered-lift would perform functions in 
aerial work in much the same manner as rotorcraft currently do. 
Moreover, the vertical takeoff and landing options powered-lift offer, 
their ability to hover, and the capability of some powered-lift to 
carry heavier loads than many rotorcraft may prompt operators to use 
them for construction or repair work. Allowing powered-lift to operate 
under this exception poses low risk to the general public. Typically, 
operators conduct aerial work operations in limited areas with low 
exposure to the public, or, if conducted in metropolitan areas, in 
areas that are appropriately cordoned off. Moreover, the risk to the 
general public remains low due to the limitation of the work; its 
infrequent nature; and the containment practices operators use to limit 
such risk.
    The FAA also proposes to broaden the exclusion in Sec.  119.1(e)(7) 
to permit those flights to occur using powered-lift or rotorcraft, 
rather than only helicopters. Section 119.1(e)(7) excludes from the 
applicability of part 119 helicopter flights conducted within a 25-
statute-mile radius of the airport of takeoff if no more than two 
passengers are carried; each flight occurs under day visual flight 
rules (VFR) conditions; the helicopter used is certificated with a 
standard airworthiness certificate and complies with certain inspection 
requirements; the operator notifies a certain FAA office prior to the 
operation; the total number of flights does not exceed six per year; 
the Administrator has approved each flight; and the flight does not 
carry any cargo. The FAA historically excluded the helicopter flights 
described in Sec.  119.1(e)(7) based on the conclusion that such 
operations do not warrant the level of oversight that part 119 
requires.
    In addition, this proposed rule would add operations conducted in 
gliders to the exception that applies to sightseeing flights. 
Currently, the text of Sec.  119.1(e)(5) only excludes from the 
applicability of part 119 sightseeing flights conducted in hot air 
balloons. The proposed addition of gliders to this exception will 
ensure the regulatory text of Sec.  119.1(e)(5) reflects the FAA's 
current practices of permitting glider operations under this exception 
from part 119 and is consistent with the level of risk mitigation 
necessary for such operations.
    Lastly, this proposed rule will add powered-lift to Sec.  
119.1(e)(2), which currently excludes certain nonstop commercial air 
tour flights conducted in either an airplane or helicopter from the 
applicability of part 119.
i. Records Regarding Operations
    Each certificate holder subject to part 119 must maintain 
operations specifications. The FAA approves all operations 
specifications, which must include a variety of information, such as 
the types of aircraft, routes, and airports the certificate holder 
uses, among other items.
    This proposed rule would narrow the current requirement in Sec.  
119.49. The existing text of Sec.  119.49(a)(12), (b)(12), and (c)(11) 
requires operations specifications to contain ``[a]ny authorized 
deviation and exemption'' issued under 14 CFR chapter 1. By its plain 
language, the aforementioned paragraphs broadly require operations 
specifications to contain copies of all deviations and exemptions 
granted from any requirement under chapter 1.
    The FAA has determined this requirement is too broad, as it 
obligates certificate holders to ensure their operations specifications 
contain exemptions and deviations that also apply to the aircraft the 
certificate holder uses. Such a requirement is unnecessary because 
information concerning design standards and other airworthiness aspects 
that apply to an aircraft are available in other records. Operators of 
the aircraft are aware of deviations and exemptions from design 
standards because the paperwork that accompanies the aircraft contains 
adequate information. For example, the aircraft's type certificate data 
sheet refers to applicable exemptions.\13\ In such cases, it is 
unnecessary for the certificate holder's operations specifications to 
contain deviations or exemptions if those deviations or exemptions 
apply to the aircraft and do not have a corresponding operating rule.
---------------------------------------------------------------------------

    \13\ See 14 CFR 21.41 (``Type certificate''), which states each 
type certificate includes the type design, operating limitations, 
certificate data sheet, the applicable regulations with which the 
FAA records compliance, and any other conditions or limitations 
prescribed for the product in part 21, subpart B.
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    The FAA is mindful of the fact that many rules that address 
aircraft equipage and functionality, however, include both an aircraft 
and operating component. To obtain relief from such a rule, the 
operator would need to receive exemption or permission to deviate from 
aircraft-specific requirements, and operations specifications would 
need to contain records of such exemptions or deviations from such 
rules. For example, Sec.  91.203(d) prohibits any person from operating 
a civil airplane (domestic or foreign) into or out of an airport in the 
United States unless it complies with the fuel venting and exhaust 
emissions requirements of 14 CFR part 34. As a result, while under this 
proposed rule operations specifications would not need to contain any 
exemption from a requirement of part 34 as this exemption would be 
identified in the aircraft records; however, they would need to

[[Page 75000]]

note the existence of an exemption from Sec.  91.203(d) because this 
relief would not otherwise be noted in any record associated with the 
operation itself. Similar rules exist throughout subpart C of part 91, 
as well as subparts J and K of part 121 and subpart C of part 135. This 
proposed rule would require that operations specifications contain only 
exemptions and deviations the FAA has granted that apply to the 
certificate holder.
    Similar to this proposed rule's amendments to Sec.  119.49(a)(12), 
(b)(12), and (c)(11), this proposed rule would also revise Sec.  
91.1015(a)(9) in a similar manner. Section 91.1015(a)(9) applies to 
management specifications that persons who participate in a fractional 
ownership program under part 91, subpart K, maintain. Currently, Sec.  
91.1015(a)(9) requires each set of management specifications to contain 
each deviation or exemption that the participant receives for any 
requirement of 14 CFR chapter 1. Requiring a listing or copies of 
exemptions that apply to the aircraft rather than the operator is 
unnecessary for the FAA's oversight of participants' operations under 
part 91, subpart K.
ii. Management of Operation
    This proposed rule would amend the qualification and experience 
requirements by changing the term airplane to aircraft as appropriate. 
For certificate holders that conduct operations under part 121, this 
rule would also require at least one Chief Pilot for each category of 
aircraft that each certificate holder uses, when the certificate holder 
uses both airplanes and powered-lift.
    Sections 119.65 through 119.71 set forth management personnel 
requirements that certificate holders must fulfill to ensure the 
highest degree of safety in their operations. In requiring qualified 
personnel hold certain management positions, the FAA emphasized that 
certificate holders' employment of management personnel who are 
experienced and committed to ensuring safety is an important means of 
ensuring compliance with the rules that apply to the operations.\14\
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    \14\ Commuter Operations and General Certification and 
Operations Requirements, 60 FR 65832, 65885-86 (Dec. 20, 1995).
---------------------------------------------------------------------------

    Section 119.69 contains requirements for certificate holders who 
conduct operations under part 135. Section 119.69(a) states certificate 
holders must have a Director of Operations, Chief Pilot, and Director 
of Maintenance. Section 119.71 sets forth the specific qualification 
standards that each person who holds any of these positions must meet. 
This proposed rule would not amend the qualification standards listed 
at Sec.  119.71 because they are not specific to any particular type of 
aircraft. As a result, they need not change to ensure management 
personnel have adequate experience when managing regulatory compliance 
with certificate holders' operations about airplanes, rotorcraft, or 
powered-lift.
    Under Sec.  119.65(a), which lists management positions that 
certificate holders conducting operations under part 121 must maintain, 
each certificate holder must have a Director of Safety, Director of 
Operations, Chief Pilot, Director of Maintenance, and Chief Inspector. 
With the exception of the Director of Safety position, each person who 
holds any of the positions identified in Sec.  119.65 must meet 
specific qualification standards set forth in Sec.  119.67.
    In some cases, candidates who seek to hold a management personnel 
position listed at Sec.  119.65 might not fulfill the experience 
requirements but could be qualified in another manner. In such cases, 
Sec.  119.67(e) provides the FAA's Flight Standards Service the 
discretion to issue a deviation. Such deviations are based on Flight 
Standards finding that the candidate can fulfill the duties of the 
position that he or she seeks to hold.
    This proposed rule would also remove the routing codes from the 
regulatory text of Sec.  119.67(e), as the FAA no longer uses such 
codes in its regulations.
    Furthermore, Sec.  119.65(b) provides the FAA with discretion to 
approve positions or numbers of positions other than those listed in 
Sec.  119.65(a) if the certificate holder shows it can perform the 
operation with the highest degree of safety under the direction of 
fewer or different categories of management personnel. In making such a 
determination, the FAA considers the kind of operation involved, the 
number and types of airplanes used, and the area of operations.
    This proposed rule would amend the qualification and experience 
requirements applicable to Directors of Operations, Chief Pilots, 
Directors of Maintenance, and Chief Inspectors for certificate holders 
that conduct operations under part 121 because these qualification 
standards are currently specific to airplanes. Incorporating certain 
powered-lift operations into the requirements of part 121 requires 
amending these qualification requirements applicable to management 
personnel who supervise a certificate holder's operations.
a. Director of Operations
    Currently, Sec.  119.67(a)(2) (Management personnel: Qualifications 
for operations conducted under part 121 of this chapter) specifically 
requires Directors of Operations to have experience in ``airplanes.'' 
To broaden this section to cover Directors of Operations for 
certificate holders that use powered-lift, this proposed rule would use 
the general term ``aircraft'' in that paragraph. Therefore, for 
certificate holders that conduct operations under part 121, this 
proposed rule would require the Director of Operations to have at least 
3 years of supervisory or managerial experience within the last 6 years 
in a position that exercised operational control over any operations 
conducted with large aircraft under part 121 or part 135. In the 
alternative, if the certificate holder uses only small aircraft in its 
operations, then the Director of Operations may obtain this experience 
in large or small aircraft. The proposed references to ``large 
aircraft'' and ``small aircraft'' would have the same meanings as 
defined in Sec.  1.1: ``Large aircraft means aircraft of more than 
12,500 pounds, maximum certificated takeoff weight,'' and ``Small 
aircraft means aircraft of 12,500 pounds or less, maximum certificated 
takeoff weight.''
    Section 119.67(a)(3) also currently requires anyone who serves in a 
Director of Operations role for a certificate holder that conducts 
operations under part 121 to have at least three years of experience as 
pilot-in-command of a large airplane, if the certificate holder uses 
large airplanes. If the certificate holder uses small airplanes, then 
experience in either large or small airplanes will satisfy this 
requirement. If the person is serving as a Director of Operations for 
the first time ever, then this experience must have occurred within the 
prior six years. Under this proposed rule, a person who would serve as 
Director of Operations would need to have experience as pilot-in-
command in at least one of the categories of ``aircraft'' the 
certificate holder uses in its operations. In using the term 
``category'' in this context, this proposed rule would mean the broad 
classification of aircraft regarding the certification, ratings, 
privileges, and limitations of airmen. Such categories include 
airplane, rotorcraft, and powered-lift, among others, as listed at 
Sec.  61.5(b)(1). In addition, the term ``uses'' refers to the types of 
aircraft that are listed on the certificate holder's operations 
specifications, pursuant to Sec.  119.49(a)(4), (b)(4), and (c)(5).

[[Page 75001]]

b. Chief Pilot
    This proposed rule would amend the existing regulatory text that 
contains Chief Pilot qualification requirements such that the text 
would include the term ``aircraft,'' where appropriate. In addition, 
the FAA proposes amendments to the Chief Pilot requirements that will 
ensure the Chief Pilot's qualifications are commensurate to the 
aircraft category the certificate holder is operating. In proposing 
these amendments, the FAA intends to ensure the management personnel 
team remains adequately prepared and qualified to address risks that 
operations of each category of aircraft may present.
    To be qualified to serve as a Chief Pilot, a person must meet the 
qualifications of Sec.  119.67(b). These qualifications include holding 
an airline transport pilot (ATP) certificate with appropriate ratings 
for at least one of the airplanes the certificate holder uses. The term 
``appropriate ratings'' means the ratings a pilot must hold to serve as 
a pilot-in-command of an airplane in the certificate holder's 
operations.
    This proposed rule would require the Chief Pilot for powered-lift 
to hold an ATP certificate and be appropriately rated in at least one 
of the powered-lift the certificate holder uses. This requirement is 
important because the Chief Pilot must maintain a detailed level of 
understanding of the particular aircraft the certificate holder 
operates to communicate effectively with the pilots who serve in a 
certificate holder's operations while performing his or her oversight 
duties.
    The FAA is aware that such ``appropriate ratings'' may vary 
considerably. For example, pilot type ratings or class ratings for 
certain powered-lift might not yet exist. In such cases, the 
requirement for the Chief Pilot to have an ATP certificate with 
appropriate ratings means the Chief Pilot would need to hold an ATP 
certificate in the appropriate category of aircraft, as well as the 
appropriate class or type rating for the aircraft the certificate 
holder uses in conducting operations under part 121. If both a class 
and type rating exist for the aircraft, then the Chief Pilot must have 
both ratings.
    This proposed rule would also clarify that the ATP certificate with 
appropriate ratings must be for an aircraft the certificate holder uses 
in operations ``under part 121.'' This clarification would ensure 
certificate holders who may hold authority to conduct operations under 
both part 121 and part 135 know that they must have a Chief Pilot who 
holds an ATP certificate with appropriate ratings for an aircraft used 
in part 121 operations. In the interest of ensuring clarity, this 
proposed rule would add the phrase ``under part 121'' to Sec.  
119.67(b).
    Currently, a candidate who seeks to become a Chief Pilot must have 
a minimum of three years' experience as pilot-in-command of a large 
airplane operated under either part 121 or part 135, if the certificate 
holder operates large airplanes. If the certificate holder uses only 
small airplanes, then the Chief Pilot's experience as pilot-in-command 
may be in either small or large airplanes. As with the Director of 
Operations qualifications discussed previously, this proposed rule 
would amend ``large airplane[s]'' and ``small airplane[s]'' to ``large 
aircraft'' and ``small aircraft.'' These terms are defined at 14 CFR 
1.1.
    This proposed rule would require the Chief Pilot to have pilot-in-
command experience in the category of aircraft for which he or she will 
exercise responsibility. In addition, the three years of experience as 
pilot-in-command must have occurred under either part 121 or part 135 
and must have occurred within the past six years if the Chief Pilot 
candidate has not previously served as a Chief Pilot.
    The FAA proposes to amend Sec.  119.65(a)(3) to require one Chief 
Pilot for each category of aircraft because the Chief Pilot must have a 
detailed understanding of the particular aircraft the certificate 
holder operates. This level of expertise is a key component of the 
FAA's rationale for proposing one Chief Pilot for each category of 
aircraft the certificate holder uses; in this regard, the Chief Pilot's 
duties and responsibilities generally arise from the specific kind of 
aircraft with which the certificate holder provides air transportation 
services. The agency has long emphasized that it adopted the Chief 
Pilot experience requirements to ensure familiarity with operations of 
a certificate holder, and that such familiarity is critical to attain 
prior to assuming the responsibilities of Chief Pilot.\15\
---------------------------------------------------------------------------

    \15\ See Provision for Deviations from Qualifications 
Requirements for Chief Pilots, 34 FR 7175 (Apr. 30, 1969).
---------------------------------------------------------------------------

    Chief Pilots often oversee the development of policy in addition to 
holding individual pilots accountable for adherence to the certificate 
holder's manual and procedures. Operations of airplanes and powered-
lift will likely be subject to provisions in the manuals that are 
distinct. For example, provisions in manuals concerning dispatch and 
flight release, flight operations, ground services and loading of the 
aircraft, fueling, deicing, ramp procedures, and various other critical 
aspects of operation within the manuals will require the Chief Pilot to 
have specialized knowledge relevant to the category of aircraft. Chief 
Pilots must also be able to communicate effectively with the pilots 
they supervise, especially concerning the certificate holder's training 
program for pilots. In this regard, training for powered-lift 
proficiency will be distinct from training for airplanes. Furthermore, 
Chief Pilots are involved in planning future routes and contracts for 
new aircraft, as well as overseeing compliance with flight and duty 
limitations that apply to the certificate holder. In addition, risk 
mitigation measures that certificate holders implement are distinct 
between categories of aircraft: A Chief Pilot who only has experience 
in airplanes may not have the skills to evaluate risk mitigation 
strategies necessary for powered-lift to operate safely.
    In summary, having a Chief Pilot who is specifically qualified in 
the category of aircraft the certificate holder uses would ensure the 
certificate holder fulfills the standard of providing air 
transportation with the highest possible degree of safety. In proposing 
to amend part 119 to apply to operations of powered-lift, the FAA has 
also remained mindful of the discretion that Sec.  119.65(b) provides, 
which allows the FAA to approve positions or numbers of positions other 
than those listed in Sec.  119.65(a).
c. Director of Maintenance
    Section 119.65 requires each certificate holder that conducts 
operations under part 121 to have a Director of Maintenance and Sec.  
119.67(c) provides the qualifications to serve as Director of 
Maintenance. This proposed rule would replace the term ``airplane'' in 
Sec.  119.67(c) with ``aircraft.''
    Under Sec.  119.67(c) each Director of Maintenance must hold a 
mechanic certificate with airframe and powerplant ratings, have one 
year of experience in a position responsible for returning airplanes to 
service, have at least one year of supervisory experience of a certain 
type in a role of maintaining the same category and class of airplane 
as the certificate holder uses, and have three years' experience within 
the preceding six years in maintaining or repairing airplanes. These 
requirements further specify that the experience with ``maintaining 
large airplanes'' must occur for large airplanes with 10 or more 
passenger seats in the same category and class of airplane the

[[Page 75002]]

certificate holder uses. As an alternative to maintaining large 
airplanes, the Director of Maintenance may have experience repairing 
airplanes in a certificated airframe repair station that is rated to 
maintain airplanes in the same category and class of airplane that the 
certificate holder uses.
    This proposed change, therefore, would require the minimum one year 
of supervisory experience with either maintaining or repairing at least 
one of the aircraft in the same category and class of aircraft the 
certificate holder uses. Under this proposed rule, the Director of 
Maintenance would need to have accumulated three years of experience 
within the past six years in maintaining or repairing aircraft in the 
same category and class of aircraft the certificate holder uses. The 
term ``category'' in this context (i.e., qualifications for Directors 
of Maintenance), would mean the grouping of aircraft based upon 
intended use or operating limitations.\16\ The definition in 14 CFR 1.1 
cites as examples: f transport, normal, utility, acrobatic, limited, 
restricted, and provisional. Similarly, the use of the term ``class'' 
in the context of Sec.  119.67(c), means a broad grouping of aircraft 
having similar characteristics of propulsion, flight, or landing.\17\ 
The definition cites the following as examples of class: balloon, 
glider, landplane, rotorcraft, and seaplane.
---------------------------------------------------------------------------

    \16\ 14 CFR 1.1.
    \17\ 14 CFR 1.1.
---------------------------------------------------------------------------

    These experience and qualification requirements within 119.67(c) 
are key components of ensuring the Director of Maintenance is 
adequately qualified to serve in the role of overseeing other mechanics 
and personnel performing maintenance. Aircraft that are configured with 
10 or more passenger seats generally must comply with additional 
maintenance requirements.\18\ Familiarity with these specific 
maintenance requirements, in addition to the generally applicable 
maintenance regulations and the certificate holder's operations, as 
required by Sec.  119.65(d), is important in ensuring safety. In 
addition, experience maintaining or repairing aircraft in the same 
category and class will ensure the Director of Maintenance is 
knowledgeable about aspects of the specific aircraft that the 
certificate holder uses such as airworthiness standards, provisions in 
manuals, and general manufacturing practices. Directors of Maintenance 
generally oversee activities that involve such aircraft-specific 
aspects. The FAA believes experience with aircraft of the same category 
and class of aircraft the certificate holder uses would achieve the 
FAA's objective of ensuring the Director of Maintenance has appropriate 
experience with adhering to procedures and ensuring compliance with 
rules and programs relevant to maintenance.
---------------------------------------------------------------------------

    \18\ 14 CFR 135.411(a)(2); see also Sec.  121.367.
---------------------------------------------------------------------------

d. Chief Inspector
    Currently, a person who serves as a Chief Inspector must hold a 
mechanic certificate with both airframe and powerplant ratings, which 
he or she has held for at least 3 years. Chief Inspectors must also 
have at least three years of experience with maintenance on different 
types of large airplanes with 10 or more passenger seats with a 
certificate holder or certificated repair station, one year of which 
must have been as a maintenance inspector and have at least one year of 
experience in a supervisory capacity maintaining the same category and 
class of aircraft as the certificate holder uses. Chief Inspectors have 
direct authority and responsibility over people performing the 
requisite inspections for the certificate holder.
    This proposed rule would amend the section that sets forth 
qualifications for Chief Inspectors for certificate holders that 
conduct operations under part 121. The proposed amendment would permit 
the three years of maintenance experience to occur on different types 
of large aircraft with 10 or more passenger seats, rather than only 
large airplanes. This proposed amendment would be consistent with the 
other proposed changes of this rule that assist in incorporating 
powered-lift into the framework of part 121. As with the Director of 
Maintenance qualifications, this retention of the 10-seat threshold 
ensures the Chief Inspector will have experience with a maintenance 
program the certificate holder has developed and with which the 
certificate holder complies.\19\ In addition, the use of the term 
``large aircraft'' in this requirement refers to those aircraft that 
are more than 12,500 pounds at their maximum certificated takeoff 
weight.\20\
---------------------------------------------------------------------------

    \19\ 14 CFR 135.411(a)(2); see also Sec.  121.367.
    \20\ See 14 CFR 1.1 (definition of ``large aircraft'').
---------------------------------------------------------------------------

B. Commercial Air Tours and Flights for the Benefit of Charitable, 
Nonprofit, or Community Events

    Commercial air tours are flights conducted for compensation or hire 
in an airplane or helicopter in which the purpose of the flight is 
sightseeing.\21\ Passenger-carrying flights may also be conducted 
without compensation or hire for certain charitable, nonprofit, and 
community events. The FAA intends to incorporate powered-lift for 
commercial air tours and flights for the benefit of charitable, 
nonprofit or community events, and to revise the necessary provisions 
to address ``rotorcraft'' instead of ``helicopter''. This will ensure 
consistency with the changes made to the definition of commercial air 
tour in part 110, as well as the change made to nonstop commercial air 
tours within Sec.  119.1.
---------------------------------------------------------------------------

    \21\ 14 CFR 110.2 and 136.1(d). Some flights that are commercial 
air tours under part 136 or Sec.  91.147 may also be subject to 
other requirements. For example, the requirements of 49 U.S.C. 40128 
(``Overflights of national parks'') or 14 CFR part 93, subpart U 
(``Special Flight Rules in the Vicinity of Grand Canyon National 
Park, AZ'') refer to certain types of commercial air tours in 
``powered aircraft.'' This proposed rule would not affect the 
applicability of any such requirements.
---------------------------------------------------------------------------

1. Regulatory Framework for Commercial Air Tours
    The FAA regulates commercial air tours under part 136 and Sec.  
91.147. Part 136, subpart A, ``National Air Tour Safety Standards,'' 
currently applies to ``each person operating or intending to operate a 
commercial air tour in an airplane or helicopter'' as well as all 
occupants of the airplane or helicopter engaged in the air tour.\22\ 
Part 136, subpart A, applies to part 121 or 135 operators conducting 
commercial air tours and holding a part 119 certificate. Section 91.147 
applies to commercial air tour operators that do not hold a certificate 
under part 119.
---------------------------------------------------------------------------

    \22\ Id. Section 136.1(a).
---------------------------------------------------------------------------

    Only operators certificated under part 119 may conduct commercial 
air tours that: occur beyond 25 miles of the departure airport; start 
and end at different airports; occur in airplanes or helicopters 
configured to have more than 30 seats or payload capacity in excess of 
7,500 pounds; or, subject to a limited exception, commercial air tours 
that occur over a unit of the national park system.\23\ As a result, 
such commercial air tours must operate in accordance with either part 
121, Operating Requirements: Domestic, Flag, and Supplemental 
Operations, or part 135, Operating Requirements: Commuter and On Demand 
Operations and Rules Governing Persons on Board Such Aircraft. As 
summarized above in section III.A.1 of this preamble, parts 121 and 135 
contain various provisions applicable to certificate holders'

[[Page 75003]]

operations, such as requirements and restrictions relevant to 
operations, safety, and training.
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    \23\ Section 136.37(g) permits commercial air tour operations 
over a national park to occur under the general operating rules of 
part 91 if (1) the air tour activity is permitted under part 119; 
(2) the operator secures a letter of agreement from the 
Administrator and the Superintendent for that park describing the 
conditions under which the operations will be conducted; and (3) the 
number of flights that occur under this exception does not exceed a 
total of 5 by all operators in a 30-day period over a particular 
park.
---------------------------------------------------------------------------

    Section 91.147, Passenger Carrying Flights for Compensation or 
Hire, applies to air tour operators that take off and land at the same 
airport and stay within 25 miles of that airport.\24\ Section 91.147(a) 
defines ``operator'' for purposes of Sec.  91.147 and for purposes of 
drug and alcohol testing \25\ as any person who conducts non-stop 
passenger-carrying flights in an airplane or helicopter for 
compensation or hire in accordance with Sec. Sec.  119.1(e)(2), 
135.1(a)(5), or 121.1(d) when flights begin and end at the same airport 
and are conducted within a 25-statute mile radius of that airport. 
Under Sec.  119.1(e)(2), nonstop commercial air tours are exempt from 
the applicability of part 119 as long as they are conducted in an 
airplane or helicopter having a standard airworthiness certificate and 
passenger-seat configuration of 30 seats or fewer and a maximum payload 
capacity of 7,500 pounds and meet the operational criteria described 
previously.
---------------------------------------------------------------------------

    \24\ Section 119.1(e)(2) also states part 119 applies to 
commercial air tours that an operator conducts in accordance with 
part 136, subpart B, National Parks Air Tour Management, unless 
Sec.  136.37(g)(2) excludes the operation from applicability. 
Section 119.1(e)(2) further provides separate applicability 
provisions for commercial air tours conducted in the vicinity of the 
Grand Canyon National Park, Arizona. None of these additional 
applicability provisions specify that they are limited to airplanes, 
helicopters, or any other specific type of aircraft. The FAA does 
not propose amendments to Sec.  136.37(g)(2).
    \25\ 14 CFR 120.1(a) states, in part, that the requirements of 
part 120, Drug and Alcohol Testing Program, apply to all operators 
as defined in Sec.  91.147.
---------------------------------------------------------------------------

2. Incorporation of New Types of Aircraft
    Section 91.147 and the requirements of part 136, subpart A, are 
currently limited in applicability to airplanes and helicopters. The 
FAA has determined this scope is too narrow, as manufacturers may 
design and produce other rotorcraft and powered-lift that operators 
could use for commercial air tours. Consequently, the FAA is proposing 
to expand the applicability of part 136 by changing the term 
``helicopter'' to ``rotorcraft'' and adding ``powered-lift'' to the 
applicability in Sec.  136.1. Additionally, this proposed rule would 
replace ``helicopter'' with the term ``rotorcraft'' and add ``powered-
lift'' to the relevant applicability provisions of Sec.  91.147 to 
ensure the appropriate safety risk mitigations apply to all commercial 
air tours.
    The FAA is proposing to change the term ``helicopter'' to 
``rotorcraft'' throughout part 136 in order to ensure these safety 
standards of part 136 apply to other rotorcraft and not only 
helicopters.\26\ Part 136 was promulgated to help prevent accidents and 
incidents that occur during commercial air tour operations and should 
therefore apply to more than just airplanes and helicopters.\27\ In 
fact, these safety risk mitigations found within part 136 have proven 
to reduce incidents and accidents.\28\ If the FAA does not expand part 
136 to include ``rotorcraft'', then the more stringent safety risk 
mitigations afforded in that part would not apply to the rotorcraft 
that currently conduct air tours under part 135. Applying the 
requirements of part 136 to airplanes, powered-lift, and rotorcraft 
that conduct commercial air tours is an appropriate step in ensuring 
safe integration of new types of aircraft.
---------------------------------------------------------------------------

    \26\ Rotorcraft means ``a heavier-than-air aircraft that depends 
principally for its support in flight on the lift generated by one 
or more rotors.'' With respect to aircraft certification, rotorcraft 
are a ``class'' of aircraft as defined in Sec.  1.1, while 
helicopters are a kind of rotorcraft. Section 1.1 defines ``class'' 
as ``a broad grouping of aircraft having similar characteristics of 
propulsion, flight, or landing. Examples include: airplane, 
rotorcraft, glider, balloons, land plane, and seaplane.'' Section 
1.1 defines ``helicopter'' as ``a rotorcraft that, for its 
horizontal motion, depends principally on its engine-driven 
rotors.'' Helicopters and rotorcraft both depend principally on the 
rotors to provide lift to stay airborne.
    \27\ The FAA acknowledges that gyroplanes are a kind of 
rotorcraft. This proposed rule would retain the language of Sec.  
136.1(c) that excludes gyroplanes from the applicability of part 
136. Historically, gyroplanes have not been issued a standard 
airworthiness certificate, so the FAA still believes excluding those 
types of rotorcraft would be appropriate.
    \28\ In the preamble to part 136, the FAA explained that the 
commercial air tour regulations had a positive impact on safety for 
these operations. ``We believe there is a relationship between the 
imposition of a minimum, mandatory safety standard and the decrease 
in accidents.'' 72 FR 6884, 6889 (Feb. 13, 2007).
---------------------------------------------------------------------------

    The proposed use of the term ``rotorcraft'' will also ensure 
consistency with other applicability provisions found within some 
sections of parts 110, 119 and 135. Consistent with the approach 
described previously, the FAA will address operational requirements for 
powered-lift in the SFAR: Integration of Powered-Lift.
i. Suitable Landing Area for Emergencies
    This proposed rule would amend the definition of the term 
``suitable landing area for helicopters,'' codified at Sec.  136.1. The 
current definition states such an area is one that provides the 
operator reasonable capability to land without damage to equipment or 
injury to persons. It further provides that such areas must be site-
specific, designated by the operator, and accepted by the FAA. The 
definition states that the purpose of the area is to provide an 
emergency landing area for a single-engine helicopter or a multiengine 
helicopter that does not have the capability to reach a safe landing 
area after an engine power loss. While no regulation within part 136 
uses the term, operators may include the practice of designating 
suitable landing areas in their manuals.
    As previously stated, the FAA believes manufacturers may design and 
produce other rotorcraft that could be used in commercial air tour 
operations. Therefore, this proposed rule would broaden the 
applicability to incorporate rotorcraft to ensure they are subject to 
the safety standards of part 136.
    The FAA's purpose in providing the definition is to ensure 
operators designate potential landing areas in advance of an operation, 
as such designation reduces the risk of a major accident because the 
pilot-in-command is aware of potential sites for emergency landings. 
Given this focus on emergencies, the FAA has determined reference to 
``damage to equipment'' in the current text of the definition is 
neither practical nor appropriate. The use of the term in the 
definition is not consistent with the purpose of the definition, which 
is to apply to the occurrence of emergency situations. The FAA expects 
operators to be able to designate a site-specific landing area that, 
when used, would not cause serious injury to persons, irrespective of 
aircraft damage. Accordingly, the FAA proposes to remove the phrase 
``damage to equipment'' from the definition of ``suitable landing 
area,'' and add ``serious'' before ``injury.'' It is impracticable to 
expect that an emergency landing will never result in some degree of 
injury, even minor, should the aircraft have to land in a suitable 
landing area. Therefore, the FAA intends that suitable landing areas 
are appropriate for rotorcraft to land without causing serious injury 
to persons.
    The FAA further proposes to remove the last sentence of the 
definition that states the purpose of the definition is to provide an 
emergency landing area for helicopters that would not have the 
capability to reach a safe landing area after an engine power loss. The 
FAA has determined this sentence is too narrow. Removing this sentence 
allows operators to identify landing areas that could be used in any 
emergency not only in the case of an engine power loss. The new 
definition would include the phrase ``in an emergency'' to describe the 
context for which the FAA would

[[Page 75004]]

accept site-specific, designated landing areas for rotorcraft.
ii. Rotorcraft Floats for Over Water
    Section 136.11 currently permits single-engine helicopters in 
commercial air tours to operate over water beyond the shoreline only 
when they are equipped with fixed floats or an inflatable flotation 
system adequate to accomplish a safe emergency ditching. Similarly, 
multiengine helicopters that cannot be operated with the critical 
engine inoperative at a weight that will allow it to climb at least 50 
feet a minute at an altitude of 1,000 feet above the surface with the 
critical engine inoperative as provided in the Rotorcraft Flight Manual 
(RFM) also must be equipped with fixed floats or an inflatable 
flotation system. Those helicopters that are equipped with flotation 
systems must have an activation switch for the flotation system on one 
of the primary flight controls and the system must be armed when the 
helicopter is over water and flying at a speed that does not exceed the 
maximum speed prescribed in the RFM. These requirements, however, do 
not apply to operations over water only during the takeoff and landing 
portions of flight or to operations within the power-off gliding 
distance to the shoreline for the duration of the flight and when each 
occupant is wearing a life preserver from before takeoff until the 
aircraft is no longer over water.
    Extending the aforementioned requirements to rotorcraft operations 
that occur under part 136 would mitigate the risks associated with 
emergency water landings as the risks that are present in commercial 
air tours that occur in helicopters are the same as other rotorcraft in 
such scenarios. The FAA identified this mitigation when promulgating 
Sec.  135.168. The overwater safety equipment requirements of Sec.  
135.168 apply to rotorcraft when they are operated beyond the 
autorotational distance from the shoreline. Therefore, the FAA proposes 
to broaden the applicability of Sec.  136.11 to include rotorcraft.
    Additionally, Sec.  136.11(b)(2), does not include a reference to 
``beyond the shoreline''. The FAA proposes to add this reference to 
clarify the requirement to have the flotation system armed when the 
aircraft is over water beyond the shoreline. Part 136 already contains 
a definition of ``shoreline,'' codified at Sec.  136.1; the use of this 
term in Sec.  136.11 is appropriate because it broadly includes any 
area of land adjacent to water of an ocean, sea, lake, pond, river, or 
tidal basin that is above the high-water mark. The definition excludes 
land areas unsuitable for landing, such as vertical cliffs or land 
intermittently under water during flight. When a commercial air tour 
proceeds over water beyond the shoreline, flotation systems must be 
armed because flotation systems increase the chance of survival if a 
rotorcraft must ditch in the water and keeping a flotation system armed 
ensures an appropriate level of preparedness. Requiring that the 
flotation system is armed and that the activation switch is located on 
one of the primary flight controls is in response to a National 
Transportation Safety Board report that investigated the air tour 
industry.\29\ The NTSB stated that the opportunity for a successful 
ditching is reduced if the pilot must interrupt maneuvering of the 
helicopter during the critical final phase of an emergency water 
landing.\30\ ``The problem can be resolved by requiring that 
helicopters operated over water with flotation equipment installed be 
equipped with activation systems located on primary flight controls.'' 
\31\ For the foregoing reasons, the FAA's proposed updates to this 
section would apply these requirements to rotorcraft to require 
flotation systems remain armed at the appropriate time.
---------------------------------------------------------------------------

    \29\ See NTSB, Safety of the Air Tour Industry in the United 
States, NTSB/SIR/-95/01 (Jun. 1, 1995).
    \30\ Id. at 3.
    \31\ Id.
---------------------------------------------------------------------------

iii. Performance Plans
    This proposed rule would amend Sec.  136.13(a) by changing the term 
helicopter to rotorcraft for the reasons already cited. This proposed 
rule would amend the text in Sec.  136.13(a) to require operators to 
base performance plans on information derived from the ``approved 
aircraft flight manual for that aircraft''. Using this term is 
consistent with the reference to aircraft flight manual in Sec.  
135.81.
    Section 136.13(a) currently requires commercial air tour operators 
to complete helicopter performance plans before each operation that 
will occur under part 136.\32\ The pilot-in-command of the operation 
must review the plan for accuracy and comply with it for each flight. 
Such performance plans are a key component of mitigating the risk of 
commercial air tour operations, as they require the pilot-in-command to 
be prepared to respond to unforeseen events.
---------------------------------------------------------------------------

    \32\ This requirement also applies to operations that occur 
under Sec.  91.146 (``Passenger-carrying flights for the benefit of 
a charitable, non-profit, or community event'') and Sec.  91.147 
(``Passenger carrying flights for compensation or hire'').
---------------------------------------------------------------------------

iv. Commercial Air Tours in Hawaii
    Appendix A to part 136 applies to airplane and helicopter tours in 
Hawaii. The safety standards in part 136 are specific to commercial air 
tours and provide additional risk mitigations for those operations. As 
stated in the National Air Tour Safety Standards final rule, FAA 
believes that minimum, mandatory safety standards directly relate to a 
decrease in the occurrence of accidents.\33\ Therefore, subjecting 
powered-lift and rotorcraft to these safety standards is appropriate, 
to ensure air tour operations would not pose additional safety risks.
---------------------------------------------------------------------------

    \33\ 72 FR 6883, at 6889.
---------------------------------------------------------------------------

    Appendix A previously existed as Special Federal Aviation 
Regulation (SFAR) No. 71.\34\ As explained in the part 136 discussion 
above, in 2007, when the FAA last amended part 136, the FAA explained 
that many air tour operations occur in Hawaii and the Grand Canyon, and 
that the rules of SFAR No. 71 had improved safety.\35\ The FAA 
explained more restrictive altitude standards apply to air tours in 
Hawaii because a large number of commercial air tour flights occur ``in 
a relatively small amount of airspace'' and other demonstrated hazards 
exist.\36\ As one commenter noted, many Hawaiian operations occur over 
large bodies of water and water conditions in Hawaii are ``rough, 
unlike the conditions in other parts of the country'' in which 
operators conduct air tours.\37\ The appendix A requirements are 
equally important for air tour operations in aircraft other than 
helicopters. The FAA's rationale for extending the requirements and 
provisions of appendix A to aircraft other than helicopters remains 
consistent with the rationale the FAA expressed in its 2007 rule.
---------------------------------------------------------------------------

    \34\ Air Tour Operators in the State of Hawaii, 59 FR 49138 
(1994).
    \35\ 72 FR at 6889 (acknowledging that while multiple reasons 
existed for the accident rate improvement in Hawaii and other parts 
of the country, the provisions of SFAR No. 71 had a positive impact 
on safety).
    \36\ Id. at 6891.
    \37\ Id. at 6903.
---------------------------------------------------------------------------

    Section 1 of appendix A (``Applicability'') currently states, 
``[t]his appendix prescribes operating rules for airplane and 
helicopter visual flight rules air tour flights conducted in the State 
of Hawaii under 14 CFR parts 91, 121, and 135.'' \38\ The appendix also 
defines ``air tour'' as ``any sightseeing flight conducted under visual 
flight

[[Page 75005]]

rules in an airplane or helicopter for compensation or hire.'' \39\ 
Based on the uses of the specific terms ``airplane'' and 
``helicopter,'' the appendix does not apply to other types of aircraft, 
such as powered-lift and rotorcraft that are not helicopters.
---------------------------------------------------------------------------

    \38\ The section includes a paragraph that specifically excludes 
from its applicability ``[f]lights conducted in gliders or hot air 
balloons.'' 14 CFR part 136, App. A. at Sec.  1(b).
    \39\ Id. Sec.  2.
---------------------------------------------------------------------------

    Amending the applicability of appendix A to incorporate powered-
lift and rotorcraft would apply the minimum flight altitude limitations 
to other categories of aircraft seeking to conduct air tours in Hawaii. 
As with the applicability of part 136, subpart A, and Sec.  91.147, the 
FAA has determined the existing criteria and requirements for 
helicopters of appendix A, section 1(a) remain appropriate for powered-
lift and rotorcraft. In this regard, the FAA has determined it is 
reasonable to continue to exclude any aircraft that has a passenger-
seat configuration of more than 30 seats or a payload capacity that 
exceeds 7,500 pounds, as part 121 would govern such operations. As 
described previously, the SFAR: Integration of Powered-Lift will 
include proposals for applying specific operating rules to powered-lift 
in accordance with this appendix.
    This proposed rule would also amend the references to RFMs 
currently within section 4 of the subpart. As with the amendment to 
Sec.  136.13, described above in section III.B.2.iii of this preamble, 
using this term is consistent with the reference to Aircraft Flight 
Manual in Sec.  135.81. Accordingly, the FAA proposes to include the 
term ``aircraft flight manual'' in the regulatory text.
    Finally, the FAA proposes to amend part 136 by re-codifying 
appendix A as a new subpart and applying the requirements to operations 
of powered-lift and rotorcraft.
3. Flights for the Benefit of Charitable, Nonprofit, or Community 
Events
    Operators that conduct passenger-carrying flights for certain 
charitable, nonprofit, and community events are conducted in accordance 
with Sec.  91.146. Similar to Sec.  91.147, the terms of Sec.  91.146 
require flights conducted under Sec.  91.146 be nonstop and begin and 
end at the same airport, not proceed further than a 25-statute-mile 
radius of that airport, utilize only a public airport adequate for the 
aircraft used in the operation, have no more than 30 seats (excluding 
crewmember seats) and a maximum payload capacity of 7,500 pounds, not 
be an aerobatic or formation flight, hold a standard airworthiness 
certificate, occur only in day visual flight rules conditions, and 
fulfill other criteria. Section 91.146 excludes these flights from the 
applicability of part 119 and requires each flight conducted under 
Sec.  91.146 occur in accordance with the safety provisions of part 
136, subpart A. Moreover, passenger-carrying flights or series of 
flights cannot exceed four charitable events or non-profit events per 
year.
    The FAA proposes amending Sec.  91.146 in a manner similar to the 
amendments the FAA proposes to make to Sec.  91.147. The FAA's 
oversight of such flights is generally consistent with the level of 
oversight the FAA applies to commercial air tour flights under Sec.  
91.147. As with the proposed amendment to Sec.  91.147, the FAA expects 
that expanding the scope of Sec.  91.146 to allow for powered-lift and 
rotorcraft flights in furtherance of charitable, nonprofit, and 
community events will enable innovative, efficient options while 
ensuring safety.

IV. Regulatory Notices and Analyses

    Federal agencies consider impacts of regulatory actions under a 
variety of executive orders and other requirements. 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. 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 that may 
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). The current 
threshold after adjustment for inflation is $165 million using the most 
current (2021) Implicit Price Deflator for the Gross Domestic Product. 
This portion of the preamble summarizes the FAA's analysis of the 
economic impacts of this proposed rule.
    In conducting these analyses, the FAA has determined that this 
proposed rule (1) will have benefits that justify its costs, (2) will 
not be an economically ``significant regulatory action'' as defined in 
section 3(f) of Executive Order 12866, (3) will not be ``significant'' 
as defined in DOT's Regulatory Policies and Procedures; (4) will not 
have a significant economic impact on a substantial number of small 
entities; (5) will not create unnecessary obstacles to the foreign 
commerce of the United States; and (6) will not impose an unfunded 
mandate on State, local, or tribal governments, or on the private 
sector by exceeding the threshold identified above.

A. Regulatory Evaluation

    This proposed rule would enable operations of powered-lift to occur 
in accordance with 49 U.S.C. 44701(d), 44705, and 44711. Currently, the 
FAA's rules governing certificate holders' operations only apply to 
airplanes and rotorcraft, and do not mention powered-lift. The proposed 
rule would amend the definitions for the five kinds of operations 
codified at Sec.  110.2--commuter, domestic, flag, on-demand, and 
supplemental--to ensure the operations occur in accordance with the 
statutory mandates, and to apply the appropriate set of operating rules 
to operations in powered-lift. The proposed rule would also amend the 
appropriate applicability of sections within part 119 to enable 
powered-lift, subject to applicable exemptions, to conduct air carrier 
and certain other commercial operations, commercial air tours, and 
noncommon carriage operations.
    The proposed rule would also amend certain aircraft-specific 
exceptions from the applicability of part 119. Furthermore, this 
proposed rule would alter the requirements for management personnel in 
certain certificate holder management positions to ensure personnel 
have appropriate experience. This proposed rule would extend the 
applicability of certain operating rules that apply to commercial air 
tours such that they would apply to operators that conduct flights in 
powered-lift and rotorcraft. Finally, this proposed rule would make 
various additional amendments in the interest of ensuring clarity. By 
including powered-lift in the existing operational framework, the 
proposed rule would not result in a reduction in safety because it 
maintains the risk-based approach to safety. When operations present a 
higher level of risk, based on volume and frequency, the FAA subjects 
such operations to a regulatory framework that mitigates those risks.
    The current parameters for determining whether a certificate holder 
is conducting operations under parts 121, 125, or 135 would be 
identical for certificate holders using powered-lift in their 
operations under this proposed

[[Page 75006]]

rule. These parameters are shown below.

----------------------------------------------------------------------------------------------------------------
                                                 Passenger                       Cargo
                                 ------------------------------------------------------------     Non-common
            Parameter                                                         Scheduled/           carriage
                                       Scheduled         Nonscheduled        nonscheduled
----------------------------------------------------------------------------------------------------------------
                                           Part 135 Operating Rules *
----------------------------------------------------------------------------------------------------------------
Passenger Seating...............  <= 9 seats........  <= 30 seats.......  NA................  < 20 seats.
----------------------------------------------------------------------------------------------------------------
Maximum Payload.................               <= 7,500 lbs.              <= 7,500 lbs......  < 6,000 lbs.
----------------------------------------------------------------------------------------------------------------
Kind of Operation...............  Pt 135 Commuter if  Pt 135 On Demand..  Pt 135 On Demand..  Pt 135 On Demand.
                                   5 or more
                                   roundtrips/week;
                                   otherwise, Pt 135
                                   On Demand.
----------------------------------------------------------------------------------------------------------------
Aircraft Type...................  NonTurbojet.......  Includes Turbojet.  Includes Turbojet.  Includes Turbojet.
----------------------------------------------------------------------------------------------------------------
                                  Part 121 Operating Rules                                    Part 125
----------------------------------------------------------------------------------------------------------------
Passenger Seating...............  > 9 seats.........  > 30 seats........  NA................  >= 20 seats.
----------------------------------------------------------------------------------------------------------------
Maximum Payload.................               > 7,500 lbs.               > 7,500 lbs.......  >= 6,000 lbs.
----------------------------------------------------------------------------------------------------------------
Kind of Operation...............  Part 121 Domestic   Part 121            Part 121            Part 125.
                                   if flown within     Supplemental.       Supplemental.
                                   the 48 contiguous
                                   United States or
                                   DC; otherwise,
                                   Part 121 Flag.
----------------------------------------------------------------------------------------------------------------
Aircraft Type...................             Includes Turbojet            Includes Turbojet.  Includes Turbojet.
----------------------------------------------------------------------------------------------------------------
* All Rotorcraft Operations are conducted under Part 135.
NA= Not applicable.

    The table below lists the proposed amendments. The first column 
identifies the part and section the FAA proposes to amend while the 
second column describes the change from the current state. The third 
column briefly describes the proposed change as either enabling, 
relieving, constraining, or as a technical amendment.

------------------------------------------------------------------------
             Section                Proposed change         Impact
------------------------------------------------------------------------
              PART 91--GENERAL OPERATING AND FLIGHT RULES
                         Subpart B--Flight Rules
------------------------------------------------------------------------
Sec.   91.146 Passenger-carrying  The proposed        Enabling.
 flights for the benefit of a      regulatory text
 charitable, nonprofit, or         would be revised
 community event.                  to allow
                                   passenger-
                                   carrying flights
                                   for the benefit
                                   of a charitable,
                                   nonprofit, or
                                   community event
                                   to be conducted
                                   with powered-
                                   lift. The section
                                   would also be
                                   amended to
                                   replace the term
                                   ``helicopters''
                                   with
                                   ``rotorcraft''.
Sec.   91.147 Passenger-carrying  The proposed        Enabling.
 flights for compensation or       regulatory text
 hire.                             would be revised
                                   to allow
                                   passenger-
                                   carrying flights
                                   for compensation
                                   or hire to be
                                   conducted with
                                   powered-lift. The
                                   section would
                                   also be amended
                                   to replace the
                                   term
                                   ``helicopters''
                                   with
                                   ``rotorcraft''.
------------------------------------------------------------------------
              PART 91--GENERAL OPERATING AND FLIGHT RULES
                Subpart K--Fractional Ownership Operation
------------------------------------------------------------------------
Sec.   91.1015 Management         The proposed        Relieving.
 specifications.                   regulatory text
                                   would replace the
                                   requirement for
                                   operations
                                   specifications to
                                   contain copies of
                                   all deviations
                                   and exemptions
                                   (including those
                                   applicable to a
                                   specific
                                   aircraft) with a
                                   requirement to
                                   include
                                   deviations and
                                   exemptions
                                   applicable only
                                   to the operator
                                   or airmen.
------------------------------------------------------------------------
                     PART 110--GENERAL REQUIREMENTS
------------------------------------------------------------------------
Sec.   110.2 Definitions........  Certain             Enabling.
                                   definitions in
                                   this section
                                   would be revised
                                   to enable powered
                                   lift to conduct
                                   the kinds of air
                                   carrier
                                   operations.
------------------------------------------------------------------------

[[Page 75007]]

 
     PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS
                           Subpart A--General
------------------------------------------------------------------------
Sec.   119.1 Applicability......  Section 119.1(a)    Enabling.
                                   would be revised
                                   to incorporate
                                   powered-lift with
                                   seating for 20 or
                                   more passengers
                                   or a maximum
                                   payload capacity
                                   of 6,000 pounds
                                   or more, of
                                   certificate
                                   holders when
                                   common carriage
                                   is not involved.
                                  Section 119.1(e)
                                   would include
                                   powered-lift and
                                   rotorcraft in the
                                   list of certain,
                                   specific types of
                                   operations that
                                   are excluded from
                                   the applicability
                                   of part 119.
                                  Section Sec.        Technical
                                   119.1(a) would be   amendment.
                                   corrected to
                                   include certain
                                   airplanes and
                                   powered-lift with
                                   a passenger-seat
                                   configuration of
                                   less than 20
                                   seats and a
                                   payload capacity
                                   of less than
                                   6,000 pounds to
                                   be consistent
                                   with the existing
                                   Sec.   119.23.
Sec.   119.5 Certifications,      Section 119.5       Enabling.
 authorizations, and               would be revised
 prohibitions.                     to incorporate
                                   powered-lift with
                                   seating for 20 or
                                   more passengers
                                   or a maximum
                                   payload capacity
                                   of 6,000 pounds
                                   or more, into the
                                   aircraft types
                                   authorized by the
                                   Administrator to
                                   be issued an
                                   operating
                                   certificate for
                                   conducting
                                   operations when
                                   common carriage
                                   is not involved.
------------------------------------------------------------------------
     PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS
Subpart B--Applicability of Operating Requirements to Different Kinds of
         Operations Under Part 121, 125, and 135 of This Chapter
------------------------------------------------------------------------
Sec.   119.21 Commercial          Section 119.21(a)   Imposes
 operators engaged in intrastate   would be revised    requirements on
 common carriage and direct air    to require          certain operators
 carriers.                         commercial          of powered-lift
                                   operators of        that are
                                   powered-lift that   equivalent to the
                                   are engaged in      requirements
                                   intrastate common   currently imposed
                                   carriage of         on similar
                                   persons or          operators. No
                                   property for        additional
                                   compensation or     regulatory cost.
                                   hire, or as a
                                   direct air
                                   carrier, to
                                   comply with
                                   either part 121
                                   or part 135
                                   depending on the
                                   kind of operation
                                   they conduct.
                                   Domestic, flag,
                                   and supplemental
                                   operations are to
                                   be conducted
                                   under part 121.
                                   Commuter and on-
                                   demand operations
                                   are to be
                                   conducted under
                                   part 135.
Sec.   119.23 Operators engaged   Section 119.23(a)   Imposes
 in passenger-carrying             would be revised    requirements on
 operations, cargo operations,     to require          certain operators
 or both with airplanes when       commercial          of powered-lift
 common carriage is not involved.  operators of        that are
                                   powered-lift when   equivalent to the
                                   common carriage     requirements
                                   is not involved     currently imposed
                                   to comply in        on similar
                                   accordance with     operators. No
                                   requirements in     additional
                                   either part 125     regulatory cost.
                                   or part 135.
                                   Aircraft size in
                                   terms of number
                                   of seats and
                                   payload capacity
                                   determines which
                                   part is
                                   applicable to the
                                   operator.
Sec.   119.49 Contents of         The proposed        Relieving.
 operations specifications.        regulatory text
                                   would replace the
                                   requirement for a
                                   certificate
                                   holder's
                                   operations
                                   specifications to
                                   contain copies of
                                   all deviations
                                   and exemptions
                                   (including those
                                   applicable to a
                                   specific
                                   aircraft) with a
                                   requirement to
                                   include
                                   deviations and
                                   exemptions
                                   applicable only
                                   to the operator
                                   or airmen.
Sec.   119.65 Management          The proposed rule   Potential cost
 personnel required for            would require       only if a
 operations conducted under part   certificate         certificate
 121 of this chapter.              holders have a      holder uses both
                                   Chief Pilot, as     powered-lift and
                                   qualified under     airplanes.
                                   Sec.   119.67,      Amendment
                                   for each category   requires a part
                                   of aircraft the     121 certificate
                                   certificate         holder to have a
                                   holder uses. The    Chief Pilot for
                                   proposed rule       each category of
                                   would continue to   aircraft in the
                                   permit the          certificate
                                   Administrator to    holder's fleet.
                                   approve positions   The proposed
                                   or numbers of       rule's reference
                                   positions other     to ``category''
                                   than those          would mean a
                                   described in the    broad
                                   regulation, based   classification of
                                   in part on the      aircraft such as
                                   number and type     airplane and
                                   of aircraft used.   powered-lift.

[[Page 75008]]

 
Sec.   119.67 Management          Director of         Imposes
 personnel: Qualifications for     Operations: The     requirements on
 operations conducted under part   proposed            operators of
 121 of this chapter.              regulatory text     powered-lift that
                                   for the Part 121    are equivalent to
                                   certificate         the requirements
                                   holder Director     currently imposed
                                   of Operations       on certificate
                                   management          holders that use
                                   position is         airplanes. No
                                   restructured for    additional
                                   clarity. It also    regulatory cost.
                                   replaces the term
                                   ``airplane'' with
                                   ``aircraft''.
                                  Chief Pilot: The
                                   proposed
                                   regulatory text
                                   is restructured
                                   for clarity and
                                   replaces
                                   ``airplanes''
                                   with
                                   ``aircraft,''
                                   which could
                                   encompass
                                   airplanes and
                                   powered-lift. The
                                   amendment also
                                   requires the
                                   holder(s) of the
                                   Chief Pilot
                                   position for a
                                   Part 121
                                   certificate
                                   holder to have an
                                   airline transport
                                   pilot (ATP)
                                   certificate, with
                                   appropriate
                                   ratings, for at
                                   least one of the
                                   aircraft within
                                   each category of
                                   the certificate
                                   holder's fleet.
                                   Similarly, the
                                   Chief Pilot will
                                   need the Pilot in
                                   Command time as
                                   the current
                                   regulation states.
                                  Director of
                                   Maintenance: The
                                   proposed
                                   regulatory text
                                   replaces
                                   ``airplanes''
                                   with
                                   ``aircraft,''
                                   which could
                                   encompass
                                   airplanes and
                                   powered-lift.
                                  Chief Inspector:
                                   The proposed
                                   regulatory text
                                   is restructured
                                   for clarity and
                                   replaces
                                   ``airplanes''
                                   with
                                   ``aircraft,''
                                   which could
                                   encompass
                                   airplanes and
                                   powered-lift.
------------------------------------------------------------------------
   PART 121--OPERATING REQUIREMENTS; DOMESTIC, FLAG, AND SUPPLEMENTAL
                               OPERATIONS
                           Subpart A--General
------------------------------------------------------------------------
Sec.   121.1 Applicability......  The proposed        Imposes
                                   regulatory text     requirements on
                                   replaces            operators of
                                   ``airplanes''       powered-lift that
                                   with ``aircraft''   are equivalent to
                                   that certificate    the requirements
                                   holders would       currently imposed
                                   take actions to     on certificate
                                   support continued   holders that use
                                   airworthiness of    airplanes. No
                                   each aircraft,      additional
                                   which includes      regulatory cost.
                                   powered-lift used
                                   in domestic,
                                   flag, or
                                   supplemental
                                   operations as
                                   defined in Sec.
                                   110.2.
Sec.   121.1(c) Applicability...  The proposed        No impact--
                                   regulatory text     technical
                                   makes a technical   amendment.
                                   correction to
                                   section 121.1(c)
                                   by removing
                                   ``SFAR No. 58''
                                   and replacing it
                                   with ``subpart
                                   Y'' which was
                                   codified on
                                   September 16,
                                   2005.
------------------------------------------------------------------------
   PART 121--OPERATING REQUIREMENTS; DOMESTIC, FLAG, AND SUPPLEMENTAL
                               OPERATIONS
   Subpart Q--Flight Time Limitations and Rest Requirements: Domestic
                               Operations
------------------------------------------------------------------------
Sec.   121.470 Applicability....  The proposed        Provides options
                                   regulatory text     to certificate
                                   of paragraph (a)    holders using
                                   would replace       powered-lift in
                                   ``airplanes''       operations under
                                   with ``aircraft''   part 121 that are
                                   to permit           equivalent to the
                                   certificate         options currently
                                   holders using       allowed. No
                                   powered-lift in     additional
                                   domestic, all-      regulatory cost.
                                   cargo operations
                                   of a certain
                                   size, to adhere
                                   to the
                                   requirements of
                                   Sec.  Sec.
                                   135.261 through
                                   135.272. These
                                   requirements set
                                   forth flight time
                                   limitations and
                                   rest
                                   requirements. In
                                   addition,
                                   paragraph (b)
                                   would permit
                                   certificate
                                   holders that
                                   conduct scheduled
                                   operations
                                   entirely within
                                   Alaska or Hawaii
                                   using specific
                                   size aircraft to
                                   have the option
                                   of complying with
                                   subpart R of part
                                   121 for those
                                   operations.
------------------------------------------------------------------------
   PART 121--OPERATING REQUIREMENTS; DOMESTIC, FLAG, AND SUPPLEMENTAL
                               OPERATIONS
     Subpart R--Flight Time Limitations and Rest Requirements: Flag
                               Operations
------------------------------------------------------------------------
Sec.   121.480 Applicability....  The proposed        Provides options
                                   regulatory text     to certificate
                                   would replace       holders using
                                   ``airplanes''       powered-lift in
                                   with ``aircraft''   operations under
                                   to permit           part 121 that are
                                   certificate         equivalent to the
                                   holders using       options currently
                                   powered-lift in     allowed. No
                                   flag, all-cargo     additional
                                   operations, and     regulatory cost.
                                   operations of a
                                   certain size to
                                   adhere to the
                                   requirements of
                                   Sec.  Sec.
                                   135.261 through
                                   135.273. These
                                   requirements set
                                   forth flight time
                                   limitations and
                                   rest requirements.
------------------------------------------------------------------------
   PART 121--OPERATING REQUIREMENTS; DOMESTIC, FLAG, AND SUPPLEMENTAL
                               OPERATIONS
 Subpart S--Flight Time Limitations and Rest Requirements: Supplemental
                               Operations
------------------------------------------------------------------------
Sec.   121.500 Applicability....  The proposed        Provides options
                                   regulatory text     to certificate
                                   would replace       holders using
                                   ``airplanes''       powered-lift in
                                   with ``aircraft''   operations under
                                   to permit           part 121 that are
                                   certificate         equivalent to the
                                   holders using       options currently
                                   powered-lift in     allowed. No
                                   supplemental, all-  additional
                                   cargo operations,   regulatory cost.
                                   of a certain
                                   size, to adhere
                                   to the
                                   requirements of
                                   Sec.  Sec.
                                   135.261 through
                                   135.273. These
                                   requirements set
                                   forth flight time
                                   limitations and
                                   rest requirements.
------------------------------------------------------------------------

[[Page 75009]]

 
    PART 125--CERTIFICATION AND OPERATIONS: AIRCRAFT HAVING A SEATING
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 6,000
   POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH AIRCRAFT
------------------------------------------------------------------------
Sec.   125.1 Applicability......  Part 125 applies    Imposes
                                   only to noncommon   requirements on
                                   carriage            operators of
                                   operations          powered-lift that
                                   conducted with      are equivalent to
                                   airplanes that      the requirements
                                   have a seating      currently imposed
                                   configuration of    on certificate
                                   20 or more          holders that use
                                   passengers or a     airplanes. No
                                   maximum payload     additional
                                   capacity of 6,000   regulatory cost.
                                   pounds or more.
                                   Noncommon
                                   carriage
                                   operations are
                                   those that occur
                                   for compensation
                                   or hire ``that
                                   does not involve
                                   a holding out to
                                   others.''
                                   Operators that
                                   conduct noncommon
                                   carriage do not
                                   exhibit a
                                   willingness to
                                   transport people
                                   or property
                                   indiscriminately.
                                   As a result, they
                                   do not advertise,
                                   sell seats on a
                                   planned flight,
                                   or negotiate trip
                                   details. The
                                   proposed rule
                                   would amend Sec.
                                    125.1 to
                                   incorporate
                                   powered lift into
                                   the statements
                                   regarding
                                   applicability of
                                   part 125.
Sec.   125.23 Rules applicable    This proposed rule  Imposes
 to operations subject to this     would also amend    requirements on
 part.                             Sec.   125.23 to    operators of
                                   change the word     powered-lift that
                                   ``airplane'' to     are equivalent to
                                   ``aircraft,'' as    the requirements
                                   Sec.   125.23       currently imposed
                                   generally           on certificate
                                   addresses           holders that use
                                   applicability of    airplanes. No
                                   certain rules and   additional
                                   standards           regulatory cost.
                                   concerning
                                   operations.
------------------------------------------------------------------------
  PART 136--COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT
              Subpart A--National Air Tour Safety Standards
------------------------------------------------------------------------
Sec.   136.1 Applicability and    The proposed        Enabling.
 definitions.                      change
                                   incorporates
                                   powered-lift and
                                   rotorcraft
                                   alongside
                                   airplanes for
                                   applicability of
                                   Part 136--
                                   Commercial Air
                                   Tours and
                                   National Parks
                                   Air Tour
                                   Management--Subpa
                                   rt A.
Sec.   136.3 Letters of           The proposed        No impact--
 Authorization.                    change would be a   technical
                                   technical           amendment.
                                   amendment that
                                   changes the
                                   phrase ``14 CFR
                                   119.51'' to
                                   ``Sec.   119.51
                                   of this chapter''.
Sec.   136.5 Additional           The proposed        No impact--
 requirements for Hawaii.          amendment would     technical
                                   be updated to       amendment.
                                   reflect the
                                   recodification of
                                   Appendix A as
                                   Subpart D.
Sec.   136.9 Life preservers for  The proposed        Enabling--no
 operations over water.            amendment to Sec.   impact over and
                                     136.9 ensures     above current
                                   the safety of       requirements.
                                   each occupant for
                                   operations over
                                   water by
                                   requiring a multi-
                                   engine aircraft
                                   to be operated at
                                   a weight as
                                   provided in the
                                   approved aircraft
                                   flight manual for
                                   that aircraft.
Sec.   136.11 Rotorcraft floats   The section title   Enabling--no
 for over water.                   and this section    impact over and
                                   would be revised    above current
                                   to extend to        requirements.
                                   other rotorcraft,
                                   the requirements
                                   for helicopter
                                   floats for
                                   operations that
                                   occur overwater
                                   beyond the
                                   shoreline.
Sec.   136.13 Performance plan    The section title   Enabling--no
 and operations.                   and this section    impact over and
                                   would be revised    above current
                                   to extend           requirements.
                                   requirements for
                                   helicopter
                                   performance plans
                                   to rotorcraft.
                                   The performance
                                   plan must be
                                   based on
                                   information in
                                   the approved
                                   Aircraft Flight
                                   Manual for that
                                   aircraft.
Subpart D--Special Operating      This amendment      Enabling--no
 Rules for Air Tour Operators in   recodifies          impact over and
 the State of Hawaii.              ``Appendix A'' as   above current
                                   ``Subpart D'' and   requirements.
                                   extends the
                                   applicability of
                                   operating rules
                                   for Air Tour
                                   Operators in the
                                   State of Hawaii
                                   to include
                                   operations
                                   conducted with
                                   powered-lift and
                                   rotorcraft.
------------------------------------------------------------------------

1. Benefits
    This proposed rule would enable air carrier and other commercial 
operations of powered-lift to occur by extending the applicability of 
the appropriate set of operating rules that would apply both risk 
mitigation measures and a framework for FAA oversight, as necessary to 
ensure safety.
    Operations that occur with powered-lift could offer many benefits. 
For example, some powered-lift may be capable of transporting heavier 
loads at higher altitudes and faster cruise speeds than helicopters, 
yet they maintain the capability of taking off and landing vertically. 
The faster cruise speeds and range could also improve response times by 
as much as 50 percent for search and rescue operations and allow a 
higher level of life-saving care during transport because of a smoother 
flight profile compared to helicopters.\40\ In addition powered-lift 
operations could increase the efficiency of crew transport to oil rigs 
as they move further from land, or other offshore locations with 
smaller landing areas. Certificate holders may also seek to use 
powered-lift for transporting passengers point-to-point; for example, 
transportation could occur from a heliport and proceed at turbo-prop 
airspeeds and ranges. Using powered-lift for transport of passengers 
could increase the capacity of the NAS and reduce delays without 
requiring additional infrastructure.\41\
---------------------------------------------------------------------------

    \40\ Military, GLOBALSECURITY.ORG (last visited August 22, 
2022), available at https://www.globalsecurity.org/military/world/europe/aw609.htm.
    \41\ Costa, Guillermo J., Conceptual Design of a 150-Passenger 
Civil Tiltrotor, NASA Ames Research Center--Aeromechanics Branch 
(Aug. 2012), (last visited August 22, 2022) available at https://rotorcraft.arc.nasa.gov/Publications/files/Guillermo_Costa_TR150_Paper.pdf.
---------------------------------------------------------------------------

    Powered-lift projects exist that are either in certification, 
design, proof of concept, or prototype phases of design refinement. One 
project underway is a 9-passenger tilt-rotor turboshaft design. This 
manufacturer is also in the conceptual design phase of a 20-

[[Page 75010]]

passenger powered-lift. Another powered-lift project underway is 
seeking to become the first certificated electric Vertical Takeoff and 
Landing (eVTOL) operator under part 119 to carry passengers in the 
United States.
2. Costs and Costs Savings
Cost Savings--Operations Specifications
    The FAA proposes to amend provisions in Sec. Sec.  119.49(a)(12), 
(b)(12), (c)(11) and 91.1015(b)(9) as the FAA has determined they are 
broad and unduly burdensome. Currently, these provisions require a 
certificate holder's operations specifications to contain a list of 
exemptions and deviations issued under 14 CFR chapter 1 that are 
applicable to the aircraft, the operator, and airmen. The proposed rule 
would require only exemptions and deviations that apply to the 
certificate holder (rather than to the aircraft) to be retained in 
operations specifications. Although the amendment to these provisions 
is relieving, the costs savings are minimal because the operations 
specifications are maintained electronically.
Costs--Part 121 Certificate Holder Chief Pilot Management Position
    As a result of applying the rules of part 121 to certificate 
holders that operate powered-lift and fulfill the terms of either 
domestic, flag, or supplemental operations, this proposed rulemaking 
expands the part 119 certificate holder requirements for the part 121 
management position of Chief Pilot (Sec.  119.65). As amended, the 
certificate holder would be required to have a Chief Pilot for each 
category of aircraft used by the certificate holder to conduct 
operations. Currently, the Chief Pilot is only required to have an ATP 
certificate, with appropriate ratings, for at least one of the 
airplanes used in the certificate holder's operations. One person may 
be able to meet the requirements of the Chief Pilot. This person would 
have to be dual qualified in both airplanes and powered-lift. A 
certificate holder's cost may increase if more than one Chief Pilot is 
hired to meet the qualification requirements.
    Although the definitional changes to Sec.  110.2 would enable part 
121 certificate holders to have a fleet mix of more than one category 
of aircraft, the FAA is unaware of whether such certificate holders 
would choose to do so. However, if a part 121 certificate holder 
chooses to conduct operations with aircraft other than airplanes, the 
certificate holder's cost of retaining a Chief Pilot would be minimal 
because the individual filling this position could be acting in the 
position of Chief Pilot while also serving as a line pilot. Should Part 
121 certificate holders choose to conduct operations with a mixed 
aircraft fleet, it is expected that they would do so only if the 
expected benefits exceeded its costs. Subsequently, the economic impact 
of the proposed amendments for the qualifications of Chief Pilot will 
be minimal. The FAA seeks comment on whether the proposed change that 
would require a part 121 certificate holder to have a Chief Pilot for 
each category of aircraft used to conduct operations would be minimal 
cost to the certificate holder.

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) established the 
purpose of the RFA was to ensure agencies, in issuing regulations, 
``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.'' \42\ The RFA further directs 
agencies as follows: ``[t]o 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.'' \43\
---------------------------------------------------------------------------

    \42\ Public Law 96-354 sec. 2(b), 94 Stat. 1164 (Sept. 19, 
1980).
    \43\ Id.
---------------------------------------------------------------------------

    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.
    The proposed rule may impact small entities but would have a 
minimal economic impact as the proposed rule is enabling while imposing 
minimal costs. First and foremost, the proposed rule changes 
definitions contained in Sec.  110.2 and the appropriate applicability 
of sections within part 119 to enable powered-lift to conduct air 
carrier and other certain commercial operations, commercial air tours 
and noncommon carriage operations. Absent the proposed rule, an air 
carrier desiring to conduct operations using powered-lift would not be 
able to comply with the requirements of 49 U.S.C. 44701(d) or 44705. 
Such operations, therefore, would be prohibited in the absence of this 
proposed rule.
    Secondly, the proposed rule would remove the requirement for a 
certificate holder to maintain a list of exemptions and deviations 
related to aircraft in its fleet as required by Sec. Sec.  
119.49(a)(12), (b)(12), (c)(11) and 91.1015(a)(9). The impact could 
provide minimal relief for certificate holders by reducing the volume 
of records certificate holders must retain in their operations 
specifications.
    Lastly, due to a change in the definitions contained in 14 CFR 
110.2, this proposed rule would enable part 121 certificate holders to 
conduct operations using powered-lift. As a result, the proposed rule 
would revise part 121 certificate holder management qualifications for 
the Chief Pilot. Current regulations require Chief Pilots to have an 
ATP certificate for at least one of the airplanes used in a certificate 
holder's operations. As proposed, the regulations would require the 
certificate holder to have a Chief Pilot qualified for each category of 
aircraft that the certificate holder uses.
    The FAA determines that the expansion of the qualifications for the 
position of Chief Pilot resulting from enabling additional aircraft 
categories to conduct part 121 operations would impose a minimal 
economic impact for part 121 certificate holders. Considering that this 
rulemaking is enabling, a part 121 certificate holder will voluntarily 
choose to operate a fleet of more than one aircraft category only if 
the expected benefits of doing so exceed the costs. The FAA seeks 
comment on whether the proposed change that requires a part 121 
certificate holder to have a Chief Pilot for each category of aircraft 
used to conduct operations would be minimal cost to the operator.
    The Small Business Administration (SBA) defines small businesses 
that operate a scheduled or nonscheduled airline to be 1,500 employees 
or less.\44\ At the end of calendar year 2021, employment data was 
available for each of the 59 carriers reporting employment

[[Page 75011]]

data to the U.S. Department of Transportation.\45\ This data reveals 
that 23 of the 59 reporting carriers are large entities and 36 are 
small entities. This proposed rule would also affect over 2,600 
additional entities for which employment data is sparse.\46\ While some 
of these entities may be large, a majority are anticipated to be small.
---------------------------------------------------------------------------

    \44\ U.S. Small Business Administration Table of Small Business 
Size Standards Matched to North American Industry Classification 
System Codes U.S. Small Business Admin., available at https://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf.
    \45\ Airline Employment Data by Month, Bureau of Transp. 
Statistics, available at https://www.transtats.bts.gov/Employment/. 
Information reported is from filings for December 2021.
    \46\ FAA Internal Data as of July 2022 shows the approximate 
number of certificate holders to be as follows: part 121--58; part 
135--1,877; part 121 and 135--6; Sec.  91.147 Air Tour Operators--
957 (252 of Sec.  91.147 operators also hold a part 135 
certificate); part 125--38; part 91K Fractional Ownerships--10.
---------------------------------------------------------------------------

    If an agency determines that a rulemaking would 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 would not result in a significant economic impact 
on a substantial number of small entities. The FAA requests comments on 
this determination.
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 analyzed this proposed rule in conjunction with the 
requirements of the Trade Agreements Act of 1979, as amended by the 
Uruguay Round Agreements Act. The FAA has determined the proposed rule 
would not present any obstacle to foreign commerce of the United 
States. In addition, the proposed rule is not contrary to international 
standards.
D. Unfunded Mandates Assessment
    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538) 
governs the issuance of Federal regulations that require unfunded 
mandates. An unfunded mandate is a regulation that requires a State, 
local, or tribal government or the private sector to incur direct costs 
without the Federal government having first provided the funds to pay 
those costs. The FAA determined that the proposed rule will not result 
in the expenditure of $165 million or more by State, local, or tribal 
governments, in the aggregate, or the private sector, in any one year.
    This 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 
the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. According to the regulations 
that implement the Act, codified at 5 CFR 1320.8(b)(2)(vi), an agency 
may not collect or sponsor the collection of information, nor may it 
impose an information collection requirement, unless it displays a 
currently valid Office of Management and Budget (OMB) control number.
    This action contains the following proposed revisions to existing 
information collection requests. As required by the Paperwork Reduction 
Act of 1995 (44 U.S.C. 3507(d)), the FAA has submitted these proposed 
information collection request revisions to OMB for its review.
    None of the information collection instruments would change for 
this proposed rule; the FAA would continue to collect the necessary 
information in the same manner that the FAA described in its prior 
notices concerning the information collections. The Office of 
Management and Budget has approved the FAA's collection of information 
for purposes of such compliance.\47\ However, this NPRM proposes to 
increase the potential number of respondents to whom the information 
collection requirements apply.
---------------------------------------------------------------------------

    \47\ Certification: Air Carriers and Commercial Operators, 
Supporting Statement: Information Collection Request Reference No. 
2120-0593 (April 19, 2021), available at https://www.reginfo.gov/public/do/PRAViewICR?ref_nbr=202011-2120-001.
---------------------------------------------------------------------------

    Each section below identifies the information collections affected 
by this NPRM. The FAA has estimated the increase in the existing burden 
based on four-part 119 certificate holders beginning part 135 
operations with powered-lift by the end of the third year following 
publication of the final rule.\48\
---------------------------------------------------------------------------

    \48\ Official FAA forecasts related to the operation of powered-
lift in the National Airspace System (NAS) have yet to be developed. 
As of July 2022, approximately 10 applicants were undergoing type 
certification at FAA for powered-lift projects. Two of these 
projects have progressed further through the approval process and 
could be issued a type certificate as early as 2024. For purposes of 
estimating the increase in the existing information collection, it 
is determined four part 119 certificate holders will begin part 135 
operations with powered-lift by the end of the third year following 
finalization of this proposed rule. Publicly available data was used 
to forecast the powered-lift fleet. Forecasts for airmen and 
departures were developed based on utilization of the fleet (i.e., 
hours flown).
---------------------------------------------------------------------------

    While this NPRM would permit part 119 certificate holders to 
conduct operations under part 121, the FAA does not believe that any 
such certificate holders would do so in the first three years following 
finalization of this NPRM. Therefore, the FAA has not estimated any 
burden increase for existing information collection 2120-0008, Part 121 
Operating Requirements: Domestic, Flag, and Supplemental Operations, at 
this time. Further, the FAA does not believe that any such certificate 
holders would conduct operations under part 125 in the first three 
years following finalization of this NPRM. Therefore, the FAA has not 
estimated any burden increase for existing information collection 2120-
0085. The FAA seeks comment regarding these assumptions.
1. Revision of Existing Information Collection 2120-0593: Federal 
Aviation Regulation Part 119--Certification: Air Carriers and 
Commercial Operators ⁴⁹
---------------------------------------------------------------------------

    \49\ Ibid.
---------------------------------------------------------------------------

    This proposed rule would extend the requirements of part 119 to 
certificate holders that conduct operations with powered-lift.
    Abstract: Organizations that desire to become or remain certified 
as air carriers or commercial operators are mandated to report 
information to the FAA. The information collected reflects requirements 
necessary under parts 135, 121, and 125 to conform to 14 CFR part 119--
Certification: Air Carriers and Commercial Operators. The FAA will use 
the information it collects and reviews to ensure compliance and 
adherence to regulations and, if applicable, to take enforcement action 
on violators of the regulations.
    The FAA has estimated the increase in the existing burden based on 
four certificate holders beginning powered-lift operations by the end 
of the third

[[Page 75012]]

year following finalization of this NPRM.\50\ Note that not all 
information collection requirements are proposed to have a burden 
increase because of the proposed revision to this information 
collection.
---------------------------------------------------------------------------

    \50\ This burden is based on work performed by technical 
specialists and/or administrative assistants. The fully-burdened 
hourly wage used to estimate costs includes the base hourly wage for 
each job category plus an increase to account for fringe benefits 
and overhead. The base hourly wage for the technical specialist and 
administrative assistant is estimated to be $20.95 and $15.95, 
respectively (source: https://www.payscale.com/research/US/Job=Technical_Specialist/Salary; https://www.payscale.com/research/US/Job=Administrative_Assistant/Hourly_Rate). The base wage is 
increased by a multiplier of 34.1 percent for fringe benefits 
(source: https://www.bls.gov/news.release/ecec.nr0.htm) and 17.0 
percent for overhead (source) Cody Rice, U.S. Environmental 
Protection Agency, ``Wage Rates for Economic Analyses of the Toxics 
Release Inventory Program'' June 10, 2002, https://www.regulations.gov/document?D=EPA-HQ-OPPT-2014-0650-0005). Summing 
together the base hourly wage, fringe benefits, and overhead results 
in a fully-loaded hourly wage of $32.21 for a technical specialist 
and $24.51 for an administrative assistant.

              Table 3--Three-Year Burden Estimate for Information Collection 2120-0593 Certification: Air Carriers and Commercial Operators
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                     Time per
                                                                                                        Time per    response--     Total        Total
               Section                     Section title        Number of    Number of      Total      response--     admin.       burden       burden
                                                               respondents   responses    responses    technical      asst.       (hours)       (cost)
                                                                                                      ($32.21/hr)  ($24.51/hr)
--------------------------------------------------------------------------------------------------------------------------------------------------------
119.33c.............................  Proving Test Plan......            4            1            4          2.0          1.0           12         $356
119.35..............................  Certificate Application            4            1            4         80.0         16.0          384       11,876
                                       Reqts--all Operators.
119.36..............................  Certificate Application            4            1            4          2.0          4.0           24          650
                                       Reqts for Commercial
                                       Operators.
119.41c.............................  Amending a Certificate.            1            1            1          0.5          0.1          0.6           19
119.69e3............................  Management Personnel               4            1            4          1.0          0.5            6          178
                                       Required, Pt 135.
119.71f.............................  Management Personnel               4            1            4          1.0          0.5            6          178
                                       Qualifications, Pt 135.
                                                              ------------------------------------------------------------------------------------------
                                                               ...........  ...........  ...........  ...........  ...........          433       13,256
--------------------------------------------------------------------------------------------------------------------------------------------------------
Note: Column and row totals may not sum due to rounding.

2. Revision of Existing Information Collection 2120-0607: Pilot Records 
Improvement Act of 1996/Pilot Records Database ⁵¹
---------------------------------------------------------------------------

    \51\ Official FAA forecasts related to the operation of powered-
lift in the National Airspace System (NAS) have yet to be developed. 
Thus, forecasts for operators of part 135 aircraft and fleet were 
prepared solely for the purpose of estimating the cost of the 
information collections affiliated with this proposed rule, and 
developed using publicly available data related to orders and 
options for powered-lift. FAA notes that none of the orders for the 
multitude of powered-lift aircraft models being developed are firm 
as of the time of this writing, with the exception of one model. 
Using the fleet forecast and an assumption for fleet utilization 
(i.e. hours flown), forecasts for airmen and departures were also 
developed to estimate costs of the paperwork burden.
---------------------------------------------------------------------------

    Abstract: With the exception of Form 8060-14 and -15, an operator 
utilizes the various 8060 forms to report a request for the applicable 
records of all applicants for the position of pilot with their company 
as needed under PRIA. The information collected on these forms will be 
used only to facilitate search and retrieval of the requested records, 
and submission is mandatory until PRIA sunsets. Operators then ``may 
use such records only to assess the qualification of the individual in 
deciding whether or not to hire the individual as a pilot.'' (49 U.S.C. 
44703(h)(11)). For purposes of this incremental information collection 
the FAA expects pilots to access the pilot records database web-based 
application to release records to operators for review and to update 
employment history. In turn, the hiring operator uses the information 
to help them perform a comprehensive assessment of the pilot prior to 
making a hiring decision, as required by the Act.
    The FAA has estimated the increase in the existing burden for this 
collection based on four-part 119 certificate holders employing 129 
commercial pilots holding an airmen's certificate in the powered-lift 
category by the end of the third year following finalization of this 
proposed rule. Note that not all information collection requirements 
are proposed to have a burden increase as a result of the proposed 
revision to this information collection.
---------------------------------------------------------------------------

    \52\ Occupational Employment and Wages, May 2019, 11-3121 Human 
Resources Managers, Bureau of Labor Statistics, Mean Hourly Wage 
Rate ($62.29). https://www.bls.gov/oes/2019/may/oes113121.htm. The 
fully-burdened wage rate is $91.33 and includes employee 
compensation that is related to fringe benefits and is estimated to 
be 31.8 percent of the fully-burdened wage. Source: Bureau of Labor 
Statistics, Employer Costs for Employee Compensation (https://www.bls.gov/news.release/pdf/ecec.pdf; data provided in news release 
vary slightly by month). The FAA used a ground instructor base 
hourly wage rate ($31.56) as a proxy for the pilot non-flying base 
hourly wage rate (source: Bureau of Labor Statistics (BLS) 
Occupational Employment Statistics for Air Transportation Industry. 
https://www.bls.gov/oes/2019/may/oes131151.htm: Training and 
Development Specialists (13-1151). The fully-burdened wage rate is 
$46.28 and includes employee compensation related to benefits that 
is estimated to be 31.8 percent of the fully-burdened wage. (Source: 
Bureau of Labor Statistics, Employer Costs for Employee 
Compensation.)

      Table 6--Three-Year Burden Estimate for Information Collection 2120-0607 \52\ Pilot Records Database
----------------------------------------------------------------------------------------------------------------
                                                      Year 1          Year 2          Year 3           Total
----------------------------------------------------------------------------------------------------------------
New Pilots......................................               0              44              85             129
Cumulative Pilots...............................               0              44             129  ..............
----------------------------------------------------------------------------------------------------------------


[[Page 75013]]


--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            Events per
                Pilot activity--by event                       year        Hrs per event   Year 1 (hrs)    Year 2 (hrs)    Year 3 (hrs)     Total (hrs)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Database Registration--New Pilots.......................             1.0            0.33               0            14.5            28.1            42.6
Input Employment History--New Pilots....................             1.0            0.03               0             1.3             2.6             3.9
                                                         -----------------------------------------------------------------------------------------------
    Total Time (Hours)..................................  ..............  ..............             0.0            15.8            30.7            46.5
--------------------------------------------------------------------------------------------------------------------------------------------------------


 
     Pilot activity--by cost        Cost per hr       Year 1          Year 2          Year 3           Total
----------------------------------------------------------------------------------------------------------------
Database Registration--New                $46.28              $0            $671          $1,301          $1,972
 Pilots.........................
Input Employment History--New              46.28               0              60             120             181
 Pilots.........................
                                 -------------------------------------------------------------------------------
    Total Cost..................  ..............               0             731           1,421           2,152
----------------------------------------------------------------------------------------------------------------


 
                                                            Events per
               Operator activity--by event                     year        Hrs per event   Year 1 (hrs)    Year 2 (hrs)    Year 3 (hrs)     Total (hrs)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Training/checking events--Cumul. Pilots.................             2.7            0.07               0             8.3            24.4            32.7
Ground training events--Cumul. Pilots...................             1.0            0.07               0             3.1             9.0            12.1
Verification of NDR * Search--New Pilots................             0.5            0.01               0             0.2             0.4             0.6
Initial train/check--New Pilots.........................             1.0            0.07               0             3.1             6.0             9.1
                                                         -----------------------------------------------------------------------------------------------
    Total Time (Hours)..................................  ..............  ..............               0            14.7            39.8            54.5
--------------------------------------------------------------------------------------------------------------------------------------------------------


 
    Operator events--by cost        Cost per hr       Year 1          Year 2          Year 3           Total
----------------------------------------------------------------------------------------------------------------
Training/checking events--Cumul.          $91.33              $0            $758          $2,228          $2,986
 Pilots.........................
Ground training events--Cumul.             91.33               0             283             822           1,105
 Pilots.........................
Verification of NDR * Search--             91.33               0              18              37              55
 New Pilots.....................
Initial train/check--New Pilots.           91.33               0             283             548           4,146
                                 -------------------------------------------------------------------------------
    Total Cost..................  ..............               0           1,343           3,635           8,293
----------------------------------------------------------------------------------------------------------------
Note: Row and column totals may not sum due to rounding.

3. Revision of Existing Information Collection 2120-0535: Anti-Drug 
Program for Personnel Engaged in Specified Aviation Activities 
⁵³
---------------------------------------------------------------------------

    \53\ Official FAA forecasts related to the operation of powered-
lift in the National Airspace System (NAS) have yet to be developed. 
Thus, forecasts for operators of part 135 aircraft and fleet were 
prepared solely for the purpose of estimating the cost of the 
information collections affiliated with this proposed rule, and 
developed using publicly available data related to orders and 
options for powered-lift. FAA notes that none of the orders for the 
multitude of powered-lift aircraft models being developed are firm 
as of the time of this writing, with the exception of one model. 
Using the fleet forecast and an assumption for fleet utilization 
(i.e. hours flown), forecasts for airmen and departures were also 
developed to estimate costs of the paperwork burden.
---------------------------------------------------------------------------

    Abstract: Part 119 certificate holders with the authority to 
operate under part 121 and 135, air tour operators as defined in 14 CFR 
91.147, non-FAA or Military Air Traffic Control Facilities, 
contractors, or repair stations under 14 CFR part 145 that conduct drug 
and alcohol testing programs are mandated to report information to this 
collection. The FAA uses this information for determining program 
compliance or non-compliance of regulated aviation employers, oversight 
planning, determining who must provide a mandatory annual Management 
Information System (MIS) testing information, and communicating with 
entities subject to the program regulations. In addition, the 
information is used to ensure that appropriate action is taken 
regarding crewmembers and other safety-sensitive employees who have 
tested positive for drugs or alcohol or have refused to submit to 
testing. The collection includes reporting, recordkeeping, and 
disclosure information. Using the information reported on the annual 
MIS allows the FAA Administrator to determine the random testing rates 
for the following year, which is published in the Federal Register.
    The FAA has estimated the incremental increase in the existing 
burden for this collection based on four powered-lift operators 
entering service by the end of the third year following finalization of 
this proposed rule. Below are the reporting requirements for this 
information collection. Note that not all information collection 
requirements are proposed to have a burden increase because of the 
proposed revision to this information collection.

Table 8--Three-Year Burden Estimate for Information Collection 2120-0535 Anti-Drug Program for Personnel Engaged
                                        in Specified Aviation Activities
----------------------------------------------------------------------------------------------------------------
                                                     Time per                     Fully-burdened
          PRA task item              Responses       response       Total 3-yr      hourly wage     Total 3-yr
                                   (three years)      (hours)     burden (hours)     ($25.33)       burden ($)
----------------------------------------------------------------------------------------------------------------
Promulgate Policy...............               4           16.00            64.0          $25.33          $1,621
Registration (New or Amended)...               4            1.00             4.0           25.33             101
Supervisory Drug and Alcohol                   6            0.25             1.6           25.33              41
 Training.......................
Employee Training Documentation.             129            0.25            32.3           25.33             817
Reasonable Cause/Suspicion                   1.5            2.00             3.0           25.33              76
 Documentation..................
Voluntary Disclosure............             1.0           40.00            40.0           25.33           1,013
Emergency Maintenance...........               1            1.25             1.3           25.33              32

[[Page 75014]]

 
Scientifically Valid Random                   83            1.00            82.8           25.33           2,097
 Testing Process................
Medical Review Officer                         4            0.25             1.0           25.33              25
 Recordkeeping Provision........
                                 -------------------------------------------------------------------------------
    Total Incremental Change for             234  ..............           229.9  ..............           5,823
     OMB 2120-0535..............
----------------------------------------------------------------------------------------------------------------
Note: Row and column totals may not sum due to rounding.

    The FAA is soliciting comments to--
    (1) Evaluate whether the proposed information requirement is 
necessary for the proper performance of the functions of the FAA, 
including whether the information will have practical utility;
    (2) Evaluate the accuracy of the FAA's estimate of the burden;
    (3) Enhance the quality, utility, and clarity of the information to 
be collected; and
    (4) Minimize the burden of collecting information on those who are 
to respond, including by using appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology.
    As required by the Paperwork Reduction Act of 1995 (44 U.S.C. 
3507(d)), the FAA has submitted these updated estimates to OMB for its 
review. Individuals and organizations may send comments on the 
information collection requirement to the address listed in the 
ADDRESSES section at the beginning of this preamble by February 6, 
2023. Comments also should be submitted to the Office of Management and 
Budget, Office of Information and Regulatory Affairs, Attention: Desk 
Officer for FAA, New Executive Office Building, Room 10202, 725 17th 
Street NW, Washington, DC 20053.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
reviewed the corresponding ICAO Standards and Recommended Practices and 
has identified no differences with these standards and recommended 
practices.

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 5-6.6f for regulations and involves 
no extraordinary circumstances.

V. 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 (Aug. 4, 1999). The 
agency has determined 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. As a result, 
this proposed rule 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. 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, Promoting International Regulatory 
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.

VI. 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 agency may change this proposal in 
light of the comments it receives.

B. Confidential Business Information

    Confidential Business Information (CBI) is commercial or financial 
information that is both customarily and actually treated as private by 
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552), 
CBI is exempt from public disclosure. If your comments responsive to 
this NPRM contain commercial or financial information that is 
customarily treated as private, that you actually treat as private, and 
that is relevant or responsive to this NPRM, it is important that you 
clearly designate the submitted comments as CBI. Please mark each page 
of your submission containing CBI as ``PROPIN.'' The FAA will treat 
such marked submissions as confidential under the FOIA, and they will 
not be placed in the public docket of this

[[Page 75015]]

NPRM. Submissions containing CBI should be sent to the person in the 
FOR FURTHER INFORMATION CONTACT section of this document. Any 
commentary that the FAA receives which is not specifically designated 
as CBI will be placed in the public docket for this rulemaking.

C. Electronic Access and Filing

    A copy of this NPRM, all comments received, any final rule, and all 
background material may be viewed online at https://www.regulations.gov 
using the docket number listed above. A copy of this proposed rule will 
be placed in the docket. Electronic retrieval help and guidelines are 
available on the website. It is available 24 hours each day, 365 days 
each year. An electronic copy of this document may also be downloaded 
from the Office of the Federal Register's website at https://www.federalregister.gov and the Government Publishing Office's website 
at https://www.govinfo.gov. A copy may also be found at the FAA's 
Regulations and Policies website at https://www.faa.gov/regulations_policies.
    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) 267-9677. 
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 in 
the electronic docket for this rulemaking.

List of Subjects

14 CFR Part 91

    Air carrier, Air taxis, Air traffic control, Aircraft, Airmen, 
Airports, Aviation safety, Charter flights, Reporting and recordkeeping 
requirements, Transportation.

14 CFR Part 110

    Administrative practice and procedure, Air carriers, Aircraft, 
Aviation safety, Charter flights, Reporting and recordkeeping 
requirements.

14 CFR Part 119

    Administrative practice and procedure, Air carriers, Aircraft, 
Aviation safety, Charter flights, Reporting and recordkeeping 
requirements.

14 CFR Part 121

    Air carriers, Aircraft, Airmen, Aviation safety, Charter flights, 
Reporting and recordkeeping requirements, Safety, Transportation.

14 CFR Part 125

    Aircraft, Airmen, Aviation safety, Reporting and recordkeeping 
requirements.

14 CFR Part 136

    Air transportation, Aircraft, Aviation safety, National parks, 
Recreation and recreation areas, Reporting and recordkeeping 
requirements.

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend chapter I of title 14, Code of Federal 
Regulations as follows:

PART 91--GENERAL OPERATING AND FLIGHT RULES

0
1. The authority citation for part 91 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40101, 40103, 40105, 40113, 
40120, 44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 
44716, 44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 
47508, 47528-47531, 47534, Pub. L. 114-190, 130 Stat. 615 (49 U.S.C. 
44703 note); articles 12 and 29 of the Convention on International 
Aviation (61 Stat. 1180), (126 Stat. 11).

0
2. Amend Sec.  91.146 by revising the introductory text of paragraph 
(b) and paragraphs (b)(2), (b)(3), (b)(5), and (b)(7) to read as 
follows:


Sec.  91.146  Passenger-carrying flights for the benefit of a 
charitable, nonprofit, or community event.

* * * * *
    (b) Passenger-carrying flights in airplanes, powered-lift, or 
rotorcraft for the benefit of a charitable, nonprofit, or community 
event identified in paragraph (c) of this section are not subject to 
the certification requirements of part 119 or the drug and alcohol 
testing requirements in part 120 of this chapter, provided the 
following conditions are satisfied and the limitations in paragraphs 
(c) and (d) of this section are not exceeded:
* * * * *
    (2) The flight is conducted from a public airport that is adequate 
for the aircraft used, or from another location the FAA approves for 
the operation;
    (3) The aircraft has a maximum of 30 seats, excluding each 
crewmember seat, and a maximum payload capacity of 7,500 pounds;
* * * * *
    (5) Each aircraft holds a standard airworthiness certificate, is 
airworthy, and is operated in compliance with the applicable 
requirements of subpart E of this part;
* * * * *
    (7) Reimbursement of the operator of the aircraft is limited to 
that portion of the passenger payment for the flight that does not 
exceed the pro rata cost of owning, operating, and maintaining the 
aircraft for that flight, which may include fuel, oil, airport 
expenditures, and rental fees;
* * * * *
0
3. Amend Sec.  91.147 by revising paragraph (a) to read as follows:


Sec.  91.147  Passenger-carrying flights for compensation or hire.

* * * * *
    (a) For the purposes of this section and for drug and alcohol 
testing, Operator means any person conducting nonstop passenger-
carrying flights in an airplane, powered-lift, or rotorcraft for 
compensation or hire in accordance with Sec.  119.1(e)(2), Sec.  
135.1(a)(5), or Sec.  121.1(d) of this chapter that begin and end at 
the same airport and are conducted within a 25-statute mile radius of 
that airport.
* * * * *
0
4. Amend Sec.  91.1015 by revising paragraph (a)(9) to read as follows:


Sec.  91.1015  Management specifications.

    (a) * * *
    (9) Any authorized deviation and exemption that applies to the 
person conducting operations under this subpart; and
* * * * *

PART 110--GENERAL REQUIREMENTS

0
5. The authority citation for part 110 is revised to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40101, 40102, 40103, 40113, 
44105, 44106, 44111, 44701-44717, 44722, 44901, 44903, 44904, 44906, 
44912, 44914, 44936, 44938, 46103, 46105.

0
6. Amend Sec.  110.2 by revising the introductory text of the 
definition of ``commercial air tour'', the definitions of ``commuter 
operation'', ``domestic operation'', ``flag operation'', ``on-demand 
operation'', and ``supplemental operation'' to read as follows:


Sec.  110.2  Definitions.

* * * * *
    Commercial air tour means a flight conducted for compensation or 
hire in an airplane, powered-lift, or rotorcraft where a purpose of the 
flight is sightseeing. The FAA may consider the following factors in 
determining whether a flight is a commercial air tour:
* * * * *
    Commuter operation means any scheduled operation conducted by any

[[Page 75016]]

person operating one of the following types of aircraft with a 
frequency of operations of at least five round trips per week on at 
least one route between two or more points according to the published 
flight schedules:
    (1) Rotorcraft; or
    (2) Airplanes or powered-lift that:
    (i) Are not turbojet-powered;
    (ii) Have a maximum passenger-seat configuration of 9 seats or 
less, excluding each crewmember seat; and
    (iii) Have a maximum payload capacity of 7,500 pounds or less.
* * * * *
    Domestic operation means any scheduled operation conducted by any 
person operating any aircraft described in paragraph (1) of this 
definition at locations described in paragraph (2) of this definition:
    (1) Airplanes or powered-lift that:
    (i) Are turbojet-powered;
    (ii) Have a passenger-seat configuration of more than 9 passenger 
seats, excluding each crewmember seat; or
    (iii) Have a payload capacity of more than 7,500 pounds.
    (2) Locations:
    (i) Between any points within the 48 contiguous States of the 
United States or the District of Columbia; or
    (ii) Operations solely within the 48 contiguous States of the 
United States or the District of Columbia; or
    (iii) Operations entirely within any State, territory, or 
possession of the United States; or
    (iv) When specifically authorized by the Administrator, operations 
between any point within the 48 contiguous States of the United States 
or the District of Columbia and any specifically authorized point 
located outside the 48 contiguous States of the United States or the 
District of Columbia.
* * * * *
    Flag operation means any scheduled operation conducted by any 
person operating any aircraft described in paragraph (1) of this 
definition at locations described in paragraph (2) of this definition:
    (1) Airplanes or powered-lift that:
    (i) Are turbojet-powered;
    (ii) Have a passenger-seat configuration of more than 9 passenger 
seats, excluding each crewmember seat; or
    (iii) Have a payload capacity of more than 7,500 pounds.
    (2) Locations:
    (i) Between any point within the State of Alaska or the State of 
Hawaii or any territory or possession of the United States and any 
point outside the State of Alaska or the State of Hawaii or any 
territory or possession of the United States, respectively; or
    (ii) Between any point within the 48 contiguous States of the 
United States or the District of Columbia and any point outside the 48 
contiguous States of the United States and the District of Columbia; or
    (iii) Between any point outside the U.S. and another point outside 
the U.S.
* * * * *
    On-demand operation means any operation for compensation or hire 
that is one of the following:
    (1) Passenger-carrying operations conducted as a public charter 
under part 380 of this chapter or any operations in which the departure 
time, departure location, and arrival location are specifically 
negotiated with the customer or the customer's representative that are 
any of the following types of operations:
    (i) Common carriage operations conducted with airplanes or powered-
lift, including any that are turbojet-powered, having a passenger-seat 
configuration of 30 seats or fewer, excluding each crewmember seat, and 
a payload capacity of 7,500 pounds or less. The operations described in 
this paragraph do not include operations using a specific airplane or 
powered-lift that is also used in domestic or flag operations and that 
is so listed in the operations specifications as required by Sec.  
119.49(a)(4) of this chapter, for those operations are considered 
supplemental operations;
    (ii) Noncommon or private carriage operations conducted with 
airplanes or powered-lift having a passenger-seat configuration of less 
than 20 seats, excluding each crewmember seat, and a payload capacity 
of less than 6,000 pounds; or
    (iii) Any rotorcraft operation.
    (2) Scheduled passenger-carrying operations conducted with one of 
the following types of aircraft, other than turbojet-powered aircraft, 
with a frequency of operations of less than five round trips per week 
on at least one route between two or more points according to the 
published flight schedules:
    (i) Airplanes or powered-lift having a maximum passenger-seat 
configuration of 9 seats or less, excluding each crewmember seat, and a 
maximum payload capacity of 7,500 pounds or less; or
    (ii) Rotorcraft.
    (3) All-cargo operations conducted with airplanes or powered-lift 
having a payload capacity of 7,500 pounds or less, or with rotorcraft.
* * * * *
    Supplemental operation means any common carriage operation for 
compensation or hire conducted with any aircraft described in paragraph 
(1) of this definition that is a type of operation described in 
paragraph (2) of this definition:
    (1) Airplanes or powered-lift that:
    (i) Have a passenger-seat configuration of more than 30 seats, 
excluding each crewmember seat.
    (ii) Have a payload capacity of more than 7,500 pounds.
    (iii) Are propeller-powered and:
    (A) Have a passenger-seat configuration of more than 9 seats and 
less than 31 seats, excluding each crewmember seat; and
    (B) Are used in domestic or flag operations but are so listed in 
the operations specifications as required by Sec.  119.49(a)(4) of this 
chapter for such operations.
    (iv) Are turbojet-powered and:
    (A) Have a passenger seat configuration of 1 or more but less than 
31 seats, excluding each crewmember seat; and
    (B) Are used in domestic or flag operations and are so listed in 
the operations specifications as required by Sec.  119.49(a)(4) of this 
chapter for such operations.
    (2) Types of operation:
    (i) Operations for which the departure time, departure location, 
and arrival location are specifically negotiated with the customer or 
the customer's representative.
    (ii) All-cargo operations.
    (iii) Passenger-carrying public charter operations conducted under 
part 380 of this chapter.
* * * * *

PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS

0
7. The authority citation for part 119 is revised to read as follows:

    Authority: Pub. L. 111-216, sec. 215 (August 1, 2010); 49 U.S.C. 
106(f), 106(g), 40101, 40102, 40103, 40113, 44105, 44106, 44111, 
44701-44717, 44722, 44901, 44903, 44904, 44906, 44912, 44914, 44936, 
44938, 46103, 46105.

0
8. Amend Sec.  119.1 by revising paragraph (a)(2), adding paragraph 
(a)(3), and revising the introductory text of paragraph (e), paragraphs 
(e)(2), (e)(4)(v), (e)(5), the introductory text of paragraph (e)(7), 
paragraphs (e)(7)(i), (e)(7)(iii), and (e)(7)(vii), to read as follows:


Sec.  119.1  Applicability.

    (a) * * *
    (2) When common carriage is not involved, in operations of any 
U.S.-

[[Page 75017]]

registered civil airplane or powered-lift with a seat configuration of 
20 or more passengers, or a maximum payload capacity of 6,000 pounds or 
more; or
    (3) When noncommon carriage is involved, except as provided in 
Sec.  91.501(b) of this chapter, or in private carriage for 
compensation or hire, in operations of any U.S.-registered civil 
airplane or powered-lift with a passenger-seat configuration of less 
than 20 seats and a payload capacity of less than 6,000 pounds.
* * * * *
    (e) Except for operations when common carriage is not involved 
conducted with any airplane or powered-lift having a passenger-seat 
configuration of 20 seats or more, excluding any required crewmember 
seat, or a payload capacity of 6,000 pounds or more, this part does not 
apply to--
* * * * *
    (2) Nonstop Commercial Air Tours that occur in an airplane, 
powered-lift, or rotorcraft having a standard airworthiness certificate 
and passenger-seat configuration of 30 seats or fewer and a maximum 
payload capacity of 7,500 pounds or less that begin and end at the same 
airport, and are conducted within a 25-statute mile radius of that 
airport, in compliance with the Letter of Authorization issued under 
Sec.  91.147 of this chapter. For nonstop Commercial Air Tours 
conducted in accordance with part 136, subpart B of this chapter, 
National Parks Air Tour Management, the requirements of this part apply 
unless excepted in Sec.  136.37(g)(2). For Nonstop Commercial Air Tours 
conducted in the vicinity of the Grand Canyon National Park, Arizona, 
the requirements of SFAR 50-2, part 93, subpart U, and this part, as 
applicable, apply.
* * * * *
    (4) * * *
    (v) Powered-lift or rotorcraft operations in construction or repair 
work (but this exception does apply to transportation to and from the 
site of operations); and
* * * * *
    (5) Sightseeing flights conducted in hot air balloons or gliders;
* * * * *
    (7) Powered-lift or rotorcraft flights conducted within a 25 
statute mile radius of the airport of takeoff if--
    (i) Not more than two passengers are carried in the aircraft in 
addition to the required flightcrew;
* * * * *
    (iii) The aircraft used is certificated in the standard category 
and complies with the 100-hour inspection requirements of part 91 of 
this chapter;
* * * * *
    (vii) Cargo is not carried in or on the aircraft;
* * * * *
0
9. Amend Sec.  119.5 by revising paragraphs (b) and (c) to read as 
follows:


Sec.  119.5  Certifications, authorizations, and prohibitions.

* * * * *
    (b) A person not authorized to conduct direct air carrier 
operations, but authorized by the Administrator to conduct operations 
as a U.S. commercial operator, will be issued an Operating Certificate.
    (c) A person not authorized to conduct direct air carrier 
operations, but authorized by the Administrator to conduct operations 
when common carriage is not involved as an operator of any U.S.-
registered civil airplane or powered-lift with a seat configuration of 
20 or more passengers, or a maximum payload capacity of 6,000 pounds or 
more, will be issued an Operating Certificate.
* * * * *
0
10. Amend Sec.  119.21 by revising the introductory text of paragraph 
(a) to read as follows:


Sec.  119.21  Commercial operators engaged in intrastate common 
carriage and direct air carriers.

    (a) Each person who conducts airplane or powered-lift operations as 
a commercial operator engaged in intrastate common carriage of persons 
or property for compensation or hire in air commerce, or as a direct 
air carrier, shall comply with the certification and operations 
specifications requirements in subpart C of this part, and shall 
conduct its:
* * * * *
0
11. Amend Sec.  119.23 by revising the section heading, paragraphs (a) 
introductory text, (a)(2), and the introductory text of paragraph (b) 
to read as follows:


Sec.  119.23  Operators engaged in passenger-carrying operations, cargo 
operations, or both with airplanes or powered-lift when common carriage 
is not involved.

    (a) Each person who conducts operations when common carriage is not 
involved with any airplane or powered-lift having a passenger-seat 
configuration of 20 seats or more, excluding each crewmember seat, or a 
payload capacity of 6,000 pounds or more, must, unless deviation 
authority is issued--
* * * * *
    (2) Conduct its operations in accordance with the requirements of 
part 125 of this chapter; and
* * * * *
    (b) Each person who conducts noncommon carriage (except as provided 
in Sec.  91.501(b) of this chapter) or private carriage operations for 
compensation or hire with any airplane or powered-lift having a 
passenger-seat configuration of less than 20 seats, excluding each 
crewmember seat, and a payload capacity of less than 6,000 pounds, 
must--
* * * * *
0
12. Amend Sec.  119.49 by revising paragraphs (a)(12), (b)(12), and 
(c)(11) to read as follows:


Sec.  119.49  Contents of operations specifications.

    (a) * * *
    (12) Any authorized deviation or exemption from any requirement of 
this chapter that applies to the certificate holder.
* * * * *
    (b) * * *
    (12) Any authorized deviation or exemption from any requirement of 
this chapter that applies to the certificate holder.
* * * * *
    (c) * * *
    (11) Any authorized deviation or exemption from any requirement of 
this chapter that applies to the certificate holder.
* * * * *
0
13. Amend Sec.  119.65 by revising paragraphs (a)(3) and (b)(2) to read 
as follows:


Sec.  119.65  Management personnel required for operations conducted 
under part 121 of this chapter.

    (a) * * *
    (3) Chief Pilot for each category of aircraft the certificate 
holder uses, as listed in Sec.  61.5(b)(1) of this chapter.
* * * * *
    (b) * * *
    (2) The number and type of aircraft used; and
* * * * *
0
14. Revise Sec.  119.67 to read as follows:


Sec.  119.67  Management personnel: Qualifications for operations 
conducted under part 121 of this chapter.

    (a) Director of Operations. To serve as Director of Operations 
under Sec.  119.65(a), a person must hold an airline transport pilot 
certificate and--
    (1) If the certificate holder uses large aircraft, at least 3 years 
of supervisory or managerial experience within the last 6 years in 
large aircraft, in a position

[[Page 75018]]

that exercised operational control over any operations conducted under 
parts 121 or 135 of this chapter.
    (2) If the certificate holder uses large aircraft, at least 3 years 
of experience as pilot in command under parts 121 or 135 of this 
chapter in large aircraft in at least one of the categories of aircraft 
the certificate holder uses, as listed in Sec.  61.5(b)(1) of this 
chapter. In the case of a person becoming Director of Operations for 
the first time, he or she must have accumulated this experience as 
pilot in command within the past 6 years.
    (3) If the certificate holder uses only small aircraft in its 
operations, the experience required in paragraphs (a)(1) and (2) of 
this section may be obtained in either large or small aircraft.
    (b) Chief Pilot. To serve as Chief Pilot under Sec.  119.65(a), a 
person must:
    (1) Hold an airline transport pilot certificate with appropriate 
ratings in the category of aircraft that the certificate holder uses in 
its operations under part 121 and over which the Chief Pilot exercises 
responsibility; and
    (2) Have at least 3 years of experience as pilot in command in the 
same category of aircraft that the certificate holder uses, as listed 
in Sec.  61.5(b). The experience as pilot in command described in this 
paragraph (b)(2) must:
    (i) Have occurred within the past 6 years, in the case of a person 
becoming a Chief Pilot for the first time.
    (ii) Have occurred in large aircraft operated under parts 121 or 
135 of this chapter. If the certificate holder uses only small aircraft 
in its operation, this experience may be obtained in either large or 
small aircraft.
    (iii) Be in the same category of aircraft over which the Chief 
Pilot exercises responsibility.
    (c) Director of Maintenance. To serve as Director of Maintenance 
under Sec.  119.65(a), a person must:
    (1) Hold a mechanic certificate with airframe and powerplant 
ratings;
    (2) Have 1 year of experience in a position responsible for 
returning aircraft to service;
    (3) Have at least 1 year of experience in a supervisory capacity 
under either paragraph (c)(4)(i) or (ii) of this section maintaining 
the same category and class of aircraft as the certificate holder uses; 
and
    (4) Have 3 years of experience within the past 6 years in one or a 
combination of the following--
    (i) Maintaining large aircraft with 10 or more passenger seats, 
including, at the time of appointment as Director of Maintenance, 
experience in maintaining the same category and class of aircraft as 
the certificate holder uses; or
    (ii) Repairing aircraft in a certificated airframe repair station 
that is rated to maintain aircraft in the same category and class of 
aircraft as the certificate holder uses.
    (d) Chief Inspector. To serve as Chief Inspector under Sec.  
119.65(a), a person must:
    (1) Hold a mechanic certificate with both airframe and powerplant 
ratings, and have held these ratings for at least 3 years;
    (2) Have at least 3 years of maintenance experience on different 
types of large aircraft with 10 or more passenger seats with an air 
carrier or certificated repair station, 1 year of which must have been 
as maintenance inspector; and
    (3) Have at least 1 year of experience in a supervisory capacity 
maintaining the same category and class of aircraft as the certificate 
holder uses.
    (e) Deviation. A certificate holder may request a deviation to 
employ a person who does not meet the appropriate airman experience, 
managerial experience, or supervisory experience requirements of this 
section if the Manager of the Air Transportation Division or the 
Manager of the Aircraft Maintenance Division, as appropriate, finds 
that the person has comparable experience and can effectively perform 
the functions associated with the position in accordance with the 
requirements of this chapter and the procedures outlined in the 
certificate holder's manual. Deviations under this paragraph may be 
granted after consideration of the size and scope of the operation and 
the qualifications of the intended personnel. The Administrator may, at 
any time, terminate any grant of deviation authority issued under this 
paragraph (e).

PART 121--OPERATING REQUIREMENTS: DOMESTIC, FLAG, AND SUPPLEMENTAL 
OPERATIONS

0
15. The authority citation for part 121 continues to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40103, 40113, 40119, 41706, 
42301 preceding note added by Pub. L. 112-95, sec. 412, 126 Stat. 
89, 44101, 44701-44702, 44705, 44709-44711, 44713, 44716-44717, 
44722, 44729, 44732; 46105; Pub. L. 111-216, 124 Stat. 2348 (49 
U.S.C. 44701 note); Pub. L. 112-95 126 Stat 62 (49 U.S.C. 44732 
note).

0
16. Amend Sec.  121.1 by revising paragraphs (c) and (g) to read as 
follows:


Sec.  121.1  Applicability.

* * * * *
    (c) Each person who applies for provisional approval of an Advanced 
Qualification Program curriculum, curriculum segment, or portion of a 
curriculum segment under subpart Y of this part, and each person 
employed or used by an air carrier or commercial operator under this 
part to perform training, qualification, or evaluation functions under 
an Advanced Qualification Program under subpart Y of this part.
* * * * *
    (g) This part also establishes requirements for operators to take 
actions to support the continued airworthiness of each aircraft.


Sec.  121.470  [Amended]

0
18. Amend Sec.  121.470 in paragraphs (a) and (b) by removing the word 
``airplanes'' and adding, in its place, the word ``aircraft''.


Sec.  121.480  [Amended]

0
19. Amend Sec.  121.480 in paragraph (a) by removing the word 
``airplanes'' and adding, in its place, the word ``aircraft''.


Sec.  121.500  [Amended]

0
20. Amend Sec.  121.500 in paragraph (a) by removing the word 
``airplanes'' and adding, in its place, the word ``aircraft''.

PART 125--[Amended]

PART 125--CERTIFICATION AND OPERATIONS: AIRCRAFT HAVING A SEATING 
CAPACITY OF 20 OR MORE PASSENGERS OR A MAXIMUM PAYLOAD CAPACITY OF 
6,000 POUNDS OR MORE; AND RULES GOVERNING PERSONS ON BOARD SUCH 
AIRCRAFT

0
21. The authority citation for part 125 continues to read as follows:

    Authority:  49 U.S.C. 106(f), 106(g), 40113, 44701-44702, 44705, 
44710-44711, 44713, 44716-44717, 44722.

0
22. The heading for part 125 is revised as set forth above.
0
23. Amend Sec.  125.1 by revising paragraph (a), the introductory text 
of paragraph (b), paragraphs (b)(4), (c), and (e) to read as follows:


Sec.  125.1  Applicability.

    (a) Except as provided in paragraphs (b) through (d) of this 
section, this part prescribes rules governing the operations of U.S.-
registered civil airplanes and powered-lift, when those aircraft have a 
seating configuration of 20 or more passengers or a maximum payload 
capacity of 6,000 pounds or more when common carriage is not involved.
    (b) The rules of this part do not apply to the operations of 
aircraft specified in paragraph (a) of this section, when--
* * * * *

[[Page 75019]]

    (4) They are being operated under part 91 by an operator 
certificated to operate those aircraft under the rules of parts 121, 
135, or 137 of this chapter, they are being operated under the 
applicable rules of part 121 or 135 of this chapter by an applicant for 
a certificate under part 119 of this chapter, or they are being 
operated by a foreign air carrier or a foreign person engaged in common 
carriage solely outside the United States under part 91 of this 
chapter;
* * * * *
    (c) This part, except Sec.  125.247, does not apply to the 
operation of aircraft specified in paragraph (a) of this section when 
they are operated outside the United States by a person who is not a 
citizen of the United States.
* * * * *
    (e) This part also establishes requirements for operators to take 
actions to support the continued airworthiness of each aircraft.
0
24. Revise the introductory text of Sec.  125.23 to read as follows:


Sec.  125.23  Rules applicable to operations subject to this part.

    Each person operating an aircraft in operations under this part 
shall--
* * * * *

PART 136--COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR 
MANAGEMENT

0
25. The authority citation for part 136 is revised to read as follows:

    Authority: 49 U.S.C. 106(f), 106(g), 40113, 40119, 44101, 44701-
44702, 44705, 44709-44711, 44713, 44716-44717, 44722, 44901, 44903-
44904, 44912, 46105.

0
26. Amend Sec.  136.1:
0
a. By revising paragraph (a), the introductory text of paragraph (b), 
and paragraph (c); and
0
b. In paragraph (d):
0
i. By revising the introductory text of the definition of ``commercial 
air tour'';
0
ii. By removing the definition of ``suitable landing area for 
helicopters''; and
0
iii. By adding the definition of ``suitable landing area for 
rotorcraft''
    The revisions and addition read as follows:


Sec.  136.1  Applicability and definitions.

    (a) This subpart applies to each person operating or intending to 
operate a commercial air tour in an airplane, powered-lift, or 
rotorcraft and, when applicable, to all occupants of those aircraft 
engaged in a commercial air tour. When any requirement of this subpart 
is more stringent than any other requirement of this chapter, the 
person operating the commercial air tour must comply with the 
requirement in this subpart.
    (b) This subpart applies to:
* * * * *
    (c) This subpart does not apply to operations conducted in 
balloons, gliders (powered and un-powered), parachutes (powered and un-
powered), gyroplanes, or airships.
    (d) * * *
    Commercial Air Tour means a flight conducted for compensation or 
hire in an airplane, powered-lift, or rotorcraft where a purpose of the 
flight is sightseeing. The FAA may consider the following factors in 
determining whether a flight is a commercial air tour for purposes of 
this subpart:
* * * * *
    Suitable landing area for rotorcraft means an area that provides 
the operator reasonable capability to land in an emergency without 
causing serious injury to persons. This suitable landing area must be 
site-specific, designated by the operator, and accepted by the FAA.
* * * * *
0
27. Revise Sec.  136.3 to read as follows:


Sec.  136.3  Letters of Authorization.

    Operators subject to this subpart who have Letters of Authorization 
may use the procedures described in Sec.  119.51 of this chapter to 
amend or have the FAA reconsider those Letters of Authorization.
0
28. Revise Sec.  136.5 to read as follows:


Sec.  136.5  Additional requirements for Hawaii.

    Any operator subject to this subpart who meets the criteria of 
Sec.  136.71 must comply with the additional requirements and 
restrictions in subpart D of this part.
0
29. In Sec.  136.9, revise the section heading and paragraphs (b)(1) 
through (b)(3) to read as follows:


Sec.  136.9  Life preservers for operations over water.

* * * * *
    (b) * * *
    (1) The aircraft is equipped with floats;
    (2) The airplane is within power-off gliding distance to the 
shoreline for the duration of the time that the flight is over water; 
or
    (3) The aircraft is a multiengine that can be operated with the 
critical engine inoperative at a weight that will allow it to climb, at 
least 50 feet a minute, at an altitude of 1,000 feet above the surface, 
as provided in the approved aircraft flight manual for that aircraft.
* * * * *
0
30. Revise Sec.  136.11 to read as follows:


Sec.  136.11  Rotorcraft floats for over water.

    (a) A rotorcraft used in commercial air tours over water beyond the 
shoreline must be equipped with fixed floats or an inflatable flotation 
system adequate to accomplish a safe emergency ditching, if--
    (1) It is a single-engine rotorcraft; or
    (2) It is a multi-engine rotorcraft that cannot be operated with 
the critical engine inoperative at a weight that will allow it to 
climb, at least 50 feet a minute, at an altitude of 1,000 feet above 
the surface, as provided in the approved aircraft flight manual for 
that aircraft.
    (b) Each rotorcraft that is required to be equipped with an 
inflatable flotation system under this section must have:
    (1) The activation switch for the flotation system on one of the 
primary flight controls; and
    (2) The flotation system armed when the rotorcraft is over water 
beyond the shoreline and is flying at a speed that does not exceed the 
maximum speed prescribed in the approved aircraft flight manual for 
flying with the flotation system armed.
    (c) Neither fixed floats nor an inflatable flotation system is 
required for a rotorcraft under this section when that rotorcraft is:
    (1) Over water only during the takeoff or landing portion of the 
flight; or
    (2) Operated within power-off gliding distance to the shoreline for 
the duration of the flight and each occupant is wearing a life 
preserver from before takeoff until the aircraft is no longer over 
water.
0
31. Revise Sec.  136.13 to read as follows:


Sec.  136.13  Performance plan.

    (a) Each operator that uses a rotorcraft must complete a 
performance plan before each commercial air tour or flight operated 
under Sec. Sec.  91.146 or 91.147 of this chapter. The pilot in command 
must review for accuracy and comply with the performance plan on the 
day the flight occurs. The performance plan must be based on 
information in the approved aircraft flight manual for that aircraft 
taking into consideration the maximum density altitude for which the 
operation is planned, in order to determine:
    (1) Maximum gross weight and center of gravity (CG) limitations for 
hovering in ground effect;
    (2) Maximum gross weight and CG limitations for hovering out of 
ground effect; and
    (3) Maximum combination of weight, altitude, and temperature for 
which height/velocity information in the approved aircraft flight 
manual is valid.
    (b) Except for the approach to and transition from a hover for the 
purpose

[[Page 75020]]

of takeoff and landing, or during takeoff and landing, the pilot in 
command must make a reasonable plan to operate the rotorcraft outside 
of the caution/warning/avoid area of the limiting height/velocity 
diagram.
    (c) Except for the approach to and transition from a hover for the 
purpose of takeoff and landing, during takeoff and landing, or when 
necessary for safety of flight, the pilot in command must operate the 
rotorcraft in compliance with the plan described in paragraph (b) of 
this section.

Appendix A to Part 136--[Removed]

0
32. Remove Appendix A to part 136.
0
33. Add new subpart D to part 136 to read as follows:
Subpart D--Special Operating Rules for Air Tour Operators in the State 
of Hawaii
Sec.
136.71 Applicability.
136.73 Definitions.
136.75 Equipment and requirements.

Subpart D--Special Operating Rules for Air Tour Operators in the 
State of Hawaii


Sec.  136.71  Applicability.

    (a) Except as provided in paragraph (b) of this section, this 
subpart prescribes operating rules for air tour flights conducted in 
airplanes, powered-lift, or rotorcraft under visual flight rules in the 
State of Hawaii pursuant to parts 91, 121, and 135 of this chapter.
    (b) This subpart does not apply to:
    (1) Operations conducted under part 121 of this chapter in 
airplanes with a passenger seating configuration of more than 30 seats 
or a payload capacity of more than 7,500 pounds.
    (2) Flights conducted in gliders or hot air balloons.


Sec.  136.73  Definitions.

    For the purposes of this subpart:
    Air tour means any sightseeing flight conducted under visual flight 
rules in an airplane, powered-lift, or rotorcraft for compensation or 
hire.
    Air tour operator means any person who conducts an air tour.


Sec.  136.75  Equipment and requirements.

    (a) Flotation equipment. No person may conduct an air tour in 
Hawaii in a rotorcraft beyond the shore of any island, regardless of 
whether the rotorcraft is within gliding distance of the shore, unless:
    (1) The rotorcraft is amphibious or is equipped with floats 
adequate to accomplish a safe emergency ditching and approved flotation 
gear is easily accessible for each occupant; or
    (2) Each person on board the rotorcraft is wearing approved 
flotation gear.
    (b) Performance plan. Each operator must complete a performance 
plan that meets the requirements of this paragraph (b) before each air 
tour flight conducted in a rotorcraft.
    (1) The performance plan must be based on information from the 
current approved aircraft flight manual for that aircraft, considering 
the maximum density altitude for which the operation is planned to 
determine the following:
    (i) Maximum gross weight and center of gravity (CG) limitations for 
hovering in ground effect;
    (ii) Maximum gross weight and CG limitations for hovering out of 
ground effect; and
    (iii) Maximum combination of weight, altitude, and temperature for 
which height-velocity information from the performance data is valid.
    (2) The pilot in command (PIC) must comply with the performance 
plan.
    (c) Operating limitations. Except for approach to and transition 
from a hover, and except for the purpose of takeoff and landing, the 
PIC of a rotorcraft may only operate such aircraft at a combination of 
height and forward speed (including hover) that would permit a safe 
landing in event of engine power loss, in accordance with the height-
speed envelope for that rotorcraft under current weight and aircraft 
altitude.
    (d) Minimum flight altitudes. Except when necessary for takeoff and 
landing, or operating in compliance with an air traffic control 
clearance, or as otherwise authorized by the Administrator, no person 
may conduct an air tour in Hawaii:
    (1) Below an altitude of 1,500 feet above the surface over all 
areas of the State of Hawaii;
    (2) Closer than 1,500 feet to any person or property; or
    (3) Below any altitude prescribed by federal statute or regulation.
    (e) Passenger briefing. Before takeoff, each PIC of an air tour 
flight of Hawaii with a flight segment beyond the ocean shore of any 
island shall ensure that each passenger has been briefed on the 
following, in addition to requirements set forth in Sec. Sec.  91.107, 
121.571, or 135.117 of this chapter:
    (1) Water ditching procedures;
    (2) Use of required flotation equipment; and
    (3) Emergency egress from the aircraft in event of a water landing.

    Issued in Washington, DC, under the authority of 49 U.S.C. 
106(f) and 44701(a), on November 21, 2022.
Jodi L. Baker,
Deputy Associate Administrator, Aviation Safety.
[FR Doc. 2022-25711 Filed 12-6-22; 8:45 am]
BILLING CODE 4910-13-P

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