Update to Air Carrier Definitions, 48072-48092 [2023-15619]

Download as PDF 48072 Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations Modena, PA (MXE) * * * * VORTAC (Lat. 39°55′04.98″ N, long. 075°40′14.96″ W) * T–477 CPTAL, MD TO PHILIPSBURG, PA (PSB) [NEW] CPTAL, MD Hagerstown, MD (HGR) VINSE, PA Philipsburg, PA (PSB) * * * * * BILLING CODE 4910–13–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 91, 110, 119, 121, 125, and 136 [Docket No. FAA–2022–1563; Amdt. Nos. 91–370, 110–3, 119–20, 121–390, 125–74, 136–2] RIN 2120–AL80 Update to Air Carrier Definitions Federal Aviation Administration (FAA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: The FAA is amending the regulatory definitions of certain air carrier and commercial operations. This final rule adds 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 is also updating certain basic requirements that apply to air carrier oversight, such as the contents of operations specifications and the experience applicable to certain management personnel. In addition, this final rule applies the rules for commercial air tours to powered-lift. This final rule is an important step in the FAA’s integration of new entrant aircraft in the National Airspace System (NAS). DATES: Effective September 25, 2023. ADDRESSES: For information on where to obtain copies of rulemaking documents and other information related to this final rule, see ‘‘How to Obtain Additional Information’’ in the SUPPLEMENTARY INFORMATION section of this document. SUMMARY: lotter on DSK11XQN23PROD with RULES1 39°32′16.02″ 39°41′51.82″ 39°58′16.21″ 40°54′58.53″ N, N, N, N, long. long. long. long. 077°41′55.65″ 077°51′20.59″ 077°57′21.20″ 077°59′33.78″ 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: [FR Doc. 2023–15743 Filed 7–25–23; 8:45 am] 17:11 Jul 25, 2023 (Lat. (Lat. (Lat. (Lat. FOR FURTHER INFORMATION CONTACT: Issued in Washington, DC, on July 20, 2023. Karen L. Chiodini, Acting Manager, Rules and Regulations Group. VerDate Sep<11>2014 WP VOR FIX VORTAC Jkt 259001 Table of Contents I. Executive Summary II. Authority for This Rulemaking III. Background A. Statement of the Problem B. The Notice of Proposed Rulemaking IV. Discussion of the Final Rule and Comments A. Certification of Air Carrier and Operator Definitions B. Requirements and Applicability of Part 119 C. Commercial Air Tours and Flights for the Benefit of Charitable, Nonprofit, or Community Events V. Regulatory Notices and Analyses A. Regulatory Evaluation B. Regulatory Flexibility Act C. International Trade Impact Assessment D. Unfunded Mandates Assessment E. Paperwork Reduction Act F. International Compatibility G. Environmental Analysis VI. Executive Order Determinations A. Executive Order 13132, Federalism B. Executive Order 13175, Consultation and Coordination With Indian Tribal Governments C. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use D. Executive Order 13609, Promoting International Regulatory Cooperation VII. Additional Information A. Electronic Access and Filing B. Small Business Regulatory Enforcement Fairness Act I. Executive Summary The FAA is adopting the regulatory amendments proposed in the notice of proposed rulemaking (NPRM), Update to Air Carrier Definitions.1 The Update to Air Carrier Definitions NPRM proposed adding powered-lift to the definitions of five kinds of air carrier operations—commuter, domestic, flag, on-demand, and supplemental. This final rule will adopt those items 1 Update to Air Carrier Definitions NPRM, 87 FR 74995 (Dec. 7, 2022). PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 W) W) W) W) proposed in the Update to Air Carrier Definitions NPRM without change. In this final rule, the FAA adds powered-lift to the definitions in § 110.2 of title 14 of the Code of Federal Regulations (14 CFR) to enable air carrier operations with powered-lift. This rule also extends the applicability of certain operating rules to poweredlift, such as the rules that apply to certain noncommon carriage operations involving larger aircraft and rules that apply to commercial air tours. In addition, this rule updates various provisions within 14 CFR part 119 (Certification: Air Carriers and Commercial Operators) to address air carriers’ operations of powered-lift; amends certain aircraft-specific provisions in § 119.1, which outline the applicability of and exceptions from part 119; and adds sight-seeing flights in gliders to the exclusions from part 119. Furthermore, this rule amends the experience requirements for personnel in certain management positions for air carriers to ensure they have appropriate experience in powered-lift operations. This rule also makes various technical amendments to part 119 for clarity and to reflect current FAA practices pertaining to the information included in operations specifications. Lastly, this rule amends part 136 by applying it to rotorcraft and poweredlift, making limited changes to ‘‘suitable landing area’’ and § 136.11(a)(2), and recodifying appendix A to subpart D as a technical amendment. II. Authority for This Rulemaking The FAA’s authority to issue rules on aviation safety is codified throughout Title 49 of the United States Code. The FAA issues this final 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. E:\FR\FM\26JYR1.SGM 26JYR1 Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 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.’’ The FAA also issues 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 make, or cause to be made, inspections, repairs, or maintenance of equipment used in air transportation as required by part A of subtitle VII of Title 49 of the United States Code or regulations prescribed or orders issued by the FAA. III. Background 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. Powered-lift is defined in 14 CFR 1.1 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.’’ 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 certain powered-lift for transporting passengers point-to-point; for example, such transportation could occur from a heliport and proceed at turboprop airspeeds and ranges. Other VerDate Sep<11>2014 17:11 Jul 25, 2023 Jkt 259001 opportunities may also exist in concentrated urban environments, where short point-to-point distances coupled with vertical takeoff and landing capability may allow for more efficient transportation of passengers or cargo than existing ground transportation methods. Application of the appropriate set of rules for poweredlift in a range of certificate holders’ operations serves as both a risk mitigation measure and a framework for FAA oversight, as necessary to achieve the requisite level of safety. 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; Miscellaneous Amendments Related to Rotorcraft and Airplanes’’ (RIN 2120– AL72) (88 FR 38946, June 14, 2023), to establish temporary operating and airman certification regulations for powered-lift. The FAA plans to use the information gathered in this interim process to update its regulations to address powered-lift operations broadly. A. Statement of the Problem Currently, part 119 and the corresponding definitions in § 110.2 only allow airplanes or rotorcraft to be used in air carrier or commercial service operations. The primary purpose of this rulemaking is to amend the language of § 110.2, Definitions, and part 119, Certification: Air Carriers and Commercial Operators, to allow powered-lift to operate for compensation or hire. The rule will enable an air carrier or commercial operator to operate powered-lift in air commerce. Without this rule, air carriers and commercial operators are not allowed to operate powered-lift in air commerce. B. The Notice of Proposed Rulemaking On December 7, 2022, the FAA published a NPRM titled ‘‘Update to Air Carrier Definitions.’’ 2 In the NPRM, the 2 Update to Air Carrier Definitions NPRM, 87 FR 74995 (Dec. 7, 2022). PO 00000 Frm 00043 Fmt 4700 Sfmt 4700 48073 FAA proposed adding ‘‘powered-lift’’ to certain part 91 regulations, to the air carrier and commercial operator certification parts (parts 110 and 119), as well as to the applicability for certain commercial operations. The FAA also proposed amendments that would reference ‘‘rotorcraft’’ instead of ‘‘helicopter’’ to be more consistent with other existing regulations. Adding references to ‘‘powered-lift’’ in these parts will enable the FAA to certificate operators for certain commercial operations and will serve as the first step for powered-lift entering commercial service. The NPRM provided a 60-day comment period, which ended on February 6, 2023. The FAA received nine comments from industry (Airlines for America (A4A), Air Line Pilots Association, Int’l (ALPA), General Aviation Manufacturers Association (GAMA), Helicopter Association International (HAI), Jack Harter Helicopters, Inc., Joby Aviation (Joby), Wisk Aero, and two anonymous comments). The FAA received four comments in general support of the NPRM, four comments proposing revisions to the rule, and one anonymous comment in general opposition. IV. Discussion of the Final Rule and Comments Received A. Certification of Air Carrier and Operator Definitions Title 14 CFR 110.2 provides definitions that pertain to the certification of air carriers and operators for compensation or hire. Specifically, it defines commuter operation, domestic operation, flag operation, on-demand operation, and supplemental operation. In the NPRM, the FAA proposed to amend those definitions to include powered-lift. Therefore, the rules and applicability sections in 14 CFR chapter 1, subchapter G, would include use of powered-lift in those kinds of operations. Amending these definitions along with other provisions of part 119 enables powered-lift to engage in operations consistent with the applicable statutory framework that applies to air carrier and commercial operations. The FAA received four comments in general support of the revision of existing regulations to address powered-lift. None of the commenters raised concerns or commented directly on the revision of these definitions. For the foregoing reasons, the FAA adopts as final § 110.2 that incorporates ‘‘powered-lift’’ into the following definitions: commuter operation, E:\FR\FM\26JYR1.SGM 26JYR1 48074 Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 domestic operation, flag operation, ondemand operation, and supplemental operation. B. 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 in air commerce. Part 119 also details the process for obtaining and maintaining an operating certificate. The FAA proposed revising § 119.1(a)(2) to apply part 119 to each person operating or intending to operate, when common carriage is not involved, airplanes or powered-lift with a passenger-seat configuration of 20 or more seats and a payload capacity of 6,000 pounds or more. The FAA also proposed to add § 119.1(a)(3) for consistency with § 119.23 which was omitted during the creation of part 119. This new paragraph applies part 119 to each person operating or intending to operate airplanes or powered-lift for 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. Similarly, the FAA proposed amending § 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 proposed amending §§ 119.21 and 119.23 to apply appropriate requirements to poweredlift operations of commercial operators engaged in intrastate common carriage, direct air carriers, or when common carriage is not involved. Many operations are subject to exclusion from part 119. Some of the exclusions in § 119.1(e) do not specify the type of aircraft; however, some exclusions apply only to helicopters or only to airplanes and helicopters. Using the term ‘‘rotorcraft’’ throughout § 119.1 ensures consistency with other applicability provisions of part 119. The FAA proposed replacing ‘‘helicopter’’ with ‘‘rotorcraft’’ and adding ‘‘powered-lift’’ to the exclusion described at § 119.1(e)(4)(v) for aerial work operations. The FAA anticipates powered-lift would perform functions in aerial work in much the same manner as rotorcraft currently do. Allowing powered-lift to operate under this exception poses low risk to the general public. The FAA also proposed a technical amendment in the NPRM regulatory text to clarify that the exception under § 119.1(e)(4)(v) does not apply to transportation to and from VerDate Sep<11>2014 17:11 Jul 25, 2023 Jkt 259001 the site of construction or repair work operations. The FAA did not receive comments on this proposed amendment and adopts language clarifying the exception as final. The FAA also proposed broadening the exclusion in § 119.1(e)(7) for helicopter flights conducted within a 25 statute mile radius of the airport of takeoff meeting specific conditions 3 to permit those flights to occur using powered-lift or rotorcraft, rather than only helicopters. Expanding this exclusion to rotorcraft and powered-lift ensures consistency with other applicability provisions of part 119. In addition, the FAA proposed adding operations conducted in gliders to the exception that applies to sightseeing flights. The addition of gliders to this exception ensures 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, the FAA proposed adding 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. The FAA also proposed amending ‘‘helicopter’’ to ‘‘rotorcraft’’. The FAA did not receive any comments on the aforementioned amendments. Consequently, the FAA adopts these changes as final. 1. Records Regarding Operations 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. The FAA determined this requirement as written 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. The FAA proposed narrowing the current requirements in § 119.49 by requiring that operations specifications contain only exemptions and deviations the FAA has issued that apply to the certificate holder. 3 The conditions listed in § 119.1(e)(7) include: (i) not more than two passengers are carried in the helicopter in addition to the required flightcrew; (ii) each flight is made under day visual flight rules (VFR) conditions; (iii) the helicopter used is certificated in the standard category and complies with the 100-hour inspection requirements of part 91; (iv) the operator notifies the responsible Flight Standards office at least 72 hours before each flight and furnishes any essential information that the office requests; (v) the number of flights does not exceed a total of six in any calendar year; (vi) each flight has been approved by the Administrator; and (vii) cargo is not carried in or on the helicopter. PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 Similar to this rule’s amendments to § 119.49(a)(12), (b)(12), and (c)(11), the FAA proposed revising § 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. 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. The FAA did not receive comments regarding these proposed changes. As a result, the FAA adopts them as final. 2. Management of Operation Sections 119.65 through 119.71 set forth management personnel requirements that certificate holders must comply with to ensure the highest degree of safety in their operations. The FAA proposed amending the experience requirements for operations conducted under part 121 by making these requirements applicable to aircraft as opposed to only airplanes. The FAA also proposed requiring 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. To enable eventual powered-lift operations in part 121, the FAA proposed amending these management personnel requirements to ensure these operations maintain the highest degree of safety. The FAA received a comment from the Air Line Pilots Association (ALPA) indicating that they did not support proposed rules which lower the qualification and experience requirements for Directors of Operations, Chief Pilots, Directors of Maintenance, and Chief Inspectors for certificate holders. ALPA stated that the FAA is modifying §§ 119.65, 119.67, 119.69, and 119.71, which is not entirely correct. The FAA did not propose to change § 119.69 or § 119.71 because those sections already use the term ‘‘aircraft’’ rather than ‘‘airplane’’ and are therefore not specific to any particular category of aircraft. However, for §§ 119.65 and 119.67—the part 121 requirements—the term ‘‘airplane’’ is used, and therefore the FAA proposed changes to those sections to accommodate powered-lift. In addition, the FAA proposed in § 119.65 to have a chief pilot for each category of aircraft used. This would extend the level of safety currently provided in the regulation to powered-lift operations. The change proposed to § 119.67 is limited to changing ‘‘airplane’’ to ‘‘aircraft’’ and rewording the experience requirements for clarity. E:\FR\FM\26JYR1.SGM 26JYR1 Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 The FAA disagrees with ALPA’s comment that indicates it believes the FAA is lowering the qualification and experience requirements for Directors of Operations, Chief Pilots, Directors of Maintenance, and Chief Inspectors for certificate holders. The FAA is not lowering the qualification nor the experience requirements for any of the part 119 required management positions. Rather, the FAA is applying the same qualification and experience requirements to powered-lift as currently required for airplanes. Consequently, the FAA adopts the proposed amendments as final without changes. The FAA also proposed removing the FAA internal routing codes from the regulatory text of § 119.67(e), as the FAA no longer uses such codes in its regulations. The FAA did not receive comments on this proposed change and adopts it as final. Director of Operations Currently, § 119.67(a)(2) (Management personnel: Qualifications for operations conducted under part 121 of this chapter) requires Directors of Operations to have experience in large ‘‘airplanes.’’ To broaden this section to cover Directors of Operations for certificate holders that use powered-lift, the FAA proposed using the general term large ‘‘aircraft’’ in that paragraph. Under the proposal, for certificate holders that conduct operations under part 121, the Director of Operations is required 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. Existing § 119.67(a)(3) outlines the requirements for anyone who serves for the first time in a Director of Operations role for a certificate holder that conducts operations under part 121. The FAA proposed under this rule that a person who serves as Director of Operations needs 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 rule means the broad classification of aircraft regarding the certification, ratings, privileges, and limitations of airmen. The FAA did not receive comments regarding the aforementioned proposed changes and adopts them as final. VerDate Sep<11>2014 17:11 Jul 25, 2023 Jkt 259001 Chief Pilot To be qualified to serve as a Chief Pilot, a person must meet the qualification requirements of § 119.67(b). The FAA proposed requiring the Chief Pilot for powered-lift to hold an airline transport pilot (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. Under § 119.67(b), the FAA also proposed clarifying that the ATP certificate with appropriate ratings must be for an aircraft the certificate holder uses in operations ‘‘under part 121’’. This clarification ensures 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 their part 121 operations. In addition, as with the Director of Operations qualifications discussed previously, the FAA proposed amending ‘‘large airplane[s]’’ and ‘‘small airplane[s]’’ to ‘‘large aircraft’’ and ‘‘small aircraft’’ under § 119.67(b). The FAA also proposed requiring 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 FAA proposed that 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. Finally, the FAA proposed amending § 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. 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.4 In amending 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 4 See, Provision for Deviations from Qualifications Requirements for Chief Pilots, 34 FR 7175 (Apr. 30, 1969). PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 48075 the FAA to approve positions or numbers of positions other than those listed in § 119.65(a). The FAA did not receive comments on the aforementioned proposed changes to the Chief Pilot requirements, and therefore adopts them as final. In making these amendments, the FAA ensures each certificate holder has sufficient qualified management personnel to ensure the highest degree of safety and address the risks that each category of aircraft may present. 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) describes the qualifications that must be met to serve as Director of Maintenance. The FAA proposed replacing the term ‘‘airplane’’ in § 119.67(c) with ‘‘aircraft’’ for the reasons previously articulated. The FAA also proposed requiring 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.5 The Director of Maintenance needs 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. 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. 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. The FAA did not receive comments on these proposed changes and therefore adopts them as final. Chief Inspector Section 119.67(d) outlines the requirements for a person to serve as a Chief Inspector for operations conducted under part 121. Chief 5 The term ‘‘category’’ in this context would mean the grouping of aircraft based upon the intended use or operating limitations. The definition in 14 CFR 1.1 cites as examples: 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. The definition cites the following as examples of class: balloon, glider, land airplane, rotorcraft and seaplane. E:\FR\FM\26JYR1.SGM 26JYR1 48076 Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 Inspectors have direct authority and responsibility over people performing the requisite inspections for the certificate holder. The FAA proposed amending the rule to 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 amendment is consistent with the other changes in 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 an air carrier maintenance program 6 or a certificated repair station. The FAA did not receive comments on this proposed amendment and adopts it as final. 3. Operations Under Parts 121 and 135 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. To ensure safety of passengers carried in those kinds of operations, the provisions of part 121 apply to scheduled operations of turbojet airplanes. The FAA proposed to include turbojetpowered powered-lift alongside the term ‘‘turbojet powered airplane’’ to ensure consistency in applying the appropriate risk mitigation measures for operations of turbojet-powered aircraft. The FAA received an anonymous comment requesting that the FAA enable single-engine turbojet airplanes to conduct part 135 commuter operations. Specifically, the commenter requested that the FAA permit use of the Cirrus SF–50 single-engine jet in part 135 commuter operations. The commenter asserted that, due to the Cirrus SF–50’s limited capacity—it has six seats—this aircraft should be permitted to conduct part 135 commuter operations. The commenter stated that if the Cirrus SF–50 was allowed to operate in commuter operations, the pilot in command would be required to hold an ATP certificate and a type rating since it is a turbojet airplane. Conversely, the pilot in command of a single-engine reciprocating airplane in commuter operations is only required to hold a commercial certificate. The FAA determined that this comment is not within the scope of this rulemaking. 6 14 CFR 135.411(a)(2); see also § 121.367. These regulations require a certificate holder to have an inspection program and a program covering other maintenance, preventative maintenance, and alterations. VerDate Sep<11>2014 17:11 Jul 25, 2023 Jkt 259001 Although the FAA considered general changes pertaining to the definition of commuter operations to enable powered-lift operations, it did not specifically contemplate whether singleengine turbo-jet airplanes should be able to conduct part 135 commuter operations. As a result, the comment is not within the scope of this rule, and the FAA declines to make the requested change. 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) is the only paragraph in § 121.1 that currently uses the term ‘‘airplane.’’ The FAA proposed revising this paragraph to apply to ‘‘aircraft’’ instead of ‘‘airplane.’’ This change in § 121.1 is necessary to correspond to the changes in parts 110 and 119 to extend the applicability of these parts to eventual powered-lift operations. The FAA also proposed a technical correction to § 121.1(c) by removing ‘‘SFAR No. 58’’ and replacing it with ‘‘subpart Y’’ which was codified on September 16, 2005.7 The FAA did not receive any comments on these proposed changes. As a result, the FAA adopts as final § 121.9(g) to apply to ‘‘aircraft’’ and § 121.1(c) to state ‘‘subpart Y’’. Certain Flight Time Limitations and Rest Requirements Under Part 121 Regarding flight time limitations and rest requirements, the FAA proposed amending §§ 121.470, 121.480, and 121.500 to replace the word ‘‘airplanes’’ with the term ‘‘aircraft.’’ 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.8 In addition, § 121.470 contains an exception for operations conducted entirely within Alaska or Hawaii with certain airplanes. Permitting this option for powered-lift that conduct such operations entirely within the States of Alaska or Hawaii is appropriate for the 7 Advanced Qualification Program, Final Rule, 70 FR 54810 (Sept. 16, 2005). 8 Flightcrew Member Duty and Rest Requirements, 77 FR 330, 332 (Jan. 4, 2012). PO 00000 Frm 00046 Fmt 4700 Sfmt 4700 same reasons the FAA permits this exception for similarly sized airplanes. For such operations, the specific flight time limitations and rest requirements of subpart R adequately address the risk associated with lack of rest.9 The FAA did not receive any comments on these proposed revisions. As a result, the FAA adopts them as final. 4. Operations Under Part 125 Part 125 applies to certain air carrier operations referenced in 14 CFR 125.1. The FAA proposed to amend § 125.1 such that those provisions would include powered-lift. Specifically, the FAA proposed to amend paragraphs (a), (b), (c), and (e) of § 125.1, to add the term ‘‘powered-lift’’ or, where appropriate, ‘‘aircraft.’’ Large powered-lift, due to their size, weight, and passenger capacity, present a level of risk that part 125 mitigates. Extending these requirements and standards to applicable operations of large powered-lift aircraft is consistent with the FAA’s strategy for mitigating risks. The FAA’s amendments to §§ 119.23 and 125.1 clarify that operators that conduct operations when common carriage is not involved in powered-lift would do so under the rules of part 125, provided they fall within the scope outlined in § 119.23(a). In addition, the FAA proposed changing the ‘‘airplane’’ to ‘‘aircraft’’ in the title of part 125 and amending § 125.23 to change the word ‘‘airplane’’ to ‘‘aircraft,’’ as § 125.23 generally addresses applicability of certain rules and standards concerning operations subject to part 125. The FAA did not receive any comments on these proposed changes. Therefore, the FAA adopts them as final. C. Commercial Air Tours and Flights for the Benefit of Charitable, Nonprofit, or Community Events Commercial air tours are currently limited to flights conducted for compensation or hire in an airplane or helicopter in which the purpose of the flight is sightseeing.10 Passengercarrying flights may also be conducted without compensation or hire for certain charitable, nonprofit, and community 9 Flightcrew Member Duty and Rest Requirements, 77 FR 330, 331 (Jan. 4, 2012); 78 FR 69287 (Nov. 19, 2013). 10 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 Grand Canyon National Park, AZ’’), refer to certain types of commercial air tours in ‘‘powered aircraft.’’ This rule would not affect the applicability of any such requirements. E:\FR\FM\26JYR1.SGM 26JYR1 Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations events. As discussed in more detail below, the FAA proposed incorporating powered-lift for commercial air tours and flights for the benefit of charitable, nonprofit or community events, and revising the necessary provisions to address ‘‘rotorcraft’’ instead of ‘‘helicopter’’. These proposals 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. lotter on DSK11XQN23PROD with RULES1 1. 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 proposed replacing ‘‘helicopter’’ with the term ‘‘rotorcraft’’ and adding ‘‘powered-lift’’ to the relevant applicability provisions of § 91.147 to ensure the appropriate safety risk mitigations apply to all commercial air tours. The FAA did not receive comments on this proposed change, and therefore adopts it as final. In addition, as discussed in more detail below, the FAA proposed changing the term ‘‘helicopter’’ to ‘‘rotorcraft’’ throughout part 136 to ensure the safety standards of part 136 apply to all rotorcraft and not only helicopters. 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. 2. Suitable Landing Area for Emergencies The current definition of ‘‘suitable landing area for helicopters’’ in § 136.1(d) 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 FAA proposed broadening the applicability to incorporate rotorcraft to ensure they are subject to the safety standards of part 136. The FAA did not receive specific comments on broadening the applicability to incorporate rotorcraft, and therefore adopts that change as final. The FAA also proposed removing the phrase ‘‘damage to equipment’’ from the definition of ‘‘suitable landing area,’’ and adding ‘‘serious’’ before ‘‘injury.’’ The FAA intends to clarify that a suitable landing area is one that provides a reasonable capability for rotorcraft to land without causing serious injury to persons. VerDate Sep<11>2014 17:11 Jul 25, 2023 Jkt 259001 In addition, the FAA proposed removing 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 determined this sentence is too narrow. The proposed definition includes the phrase ‘‘in an emergency’’ to describe the context for which the operator would designate landing areas for rotorcraft. The FAA received two comments that agreed the current definition of ‘‘suitable landing area for helicopters’’ needed to be changed. Jack Harter Helicopters wanted the FAA to eliminate the definition entirely, and Helicopter Association International (HAI) wanted the FAA to remove the ‘‘injury’’ element. The FAA has determined that there is not a safety case to entirely remove this definition, agreeing with HAI in that the purpose of this definition is to ensure operators designate potential landing areas in advance of the operation so that the pilot in command is aware of these potential sites in case of an emergency landing. Furthermore, the FAA is already modifying the current definition from ‘‘injury’’ to ‘‘serious injury’’ which is relieving. The FAA has determined that in the interest of safety, the injury element should not be entirely eliminated and changing ‘‘injury’’ to ‘‘serious injury’’ strikes the appropriate balance. Finally, both commenters expressed a concern with the policy of having FAAaccepted suitable landing areas. The concern is that the current requirement for operators to establish FAA-accepted suitable landing areas for helicopters does not mirror real-world operations. The FAA disagrees with these comments. In the air tour industry, those suitable landing areas should be designated in advance and the FAA should be involved in that determination. The FAA has concluded that removing the requirement to have those designated sites accepted by the FAA would then allow these operators to choose new sites that may have negative safety and environmental consequences for the surrounding communities. Allowing operators to determine their own landing areas without FAA acceptance could lead to some operators creating new routes that have not been vetted by the FAA. This could result in increased noise in the surrounding community and could impact the safety of the air tour and individuals on the ground. Therefore, the FAA is adopting the proposed PO 00000 Frm 00047 Fmt 4700 Sfmt 4700 48077 changes as final with no further amendment. 3. Life Preservers for Operations Over Water The FAA also proposed in the NPRM regulatory text amending § 136.9. Section 136.9 outlines requirements for life preservers for operations over water.11 The FAA proposed amending the text in § 136.9(b)(3) 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 § 135.81. The FAA also proposed a technical amendment to § 136.9 by adding the term ‘‘or’’ after § 136.9(b)(2). The FAA did not receive comments on these proposed changes and therefore adopts them as final. 4. Rotorcraft Floats for Over Water Section 136.11 outlines requirements for helicopter floats for over water operations. The FAA proposed extending the § 136.11 requirements to rotorcraft operations that occur under part 136 to help mitigate the risks associated with emergency water landings. Additionally, § 136.11(b)(2) does not include a reference to ‘‘beyond the shoreline’’. The FAA proposed adding this reference to clarify the requirement to have the flotation system armed when the aircraft is over water beyond the shoreline.12 The FAA did not receive comments on the aforementioned proposed amendments and therefore adopts them as final. 5. Performance Plans Section 136.13(a) currently requires commercial air tour operators to complete helicopter performance plans before each operation that will occur under part 136.13 The FAA proposed amending § 136.13(a) by changing the term ‘‘helicopter’’ to ‘‘rotorcraft’’ for the reasons already cited. The FAA also proposed amending the text in § 136.13(a) to require operators to base performance plans on information 11 This requirement also applies to operations that occur under §§ 91.146 (‘‘Passenger-carrying flights for the benefit of a charitable, non-profit, or community event’’) and 91.147 (‘‘Passenger carrying flights for compensation or hire’’). 12 Shoreline means that area of the land adjacent to the water of an ocean, sea, lake, pond, river or tidal basin that is above the high water mark and excludes land areas unsuitable for landing such as vertical cliffs or land intermittently under water during the particular flight. See, 14 CFR 136.1. 13 This requirement also applies to operations that occur under §§ 91.146 (‘‘Passenger-carrying flights for the benefit of a charitable, non-profit, or community event’’) and 91.147 (‘‘Passenger carrying flights for compensation or hire’’). E:\FR\FM\26JYR1.SGM 26JYR1 48078 Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations lotter on DSK11XQN23PROD with RULES1 derived from the ‘‘approved aircraft flight manual for that aircraft’’ for the reasons cited in § 136.9(b)(2). The FAA did not receive comments on these proposed changes and therefore adopts them as final. 6. Commercial Air Tours in Hawaii Appendix A to part 136 applies to airplane and helicopter tours in Hawaii. The appendix A requirements are equally important for air tour operations in aircraft other than helicopters. Section 1 of appendix A outlines the applicability for air tour operations conducted in Hawaii. Based on the uses of terms ‘‘airplane’’ and ‘‘helicopter,’’ the appendix does not apply to other types of aircraft, such as powered-lift and rotorcraft that are not helicopters. The FAA proposed amending the applicability of appendix A to incorporate powered-lift and rotorcraft to apply the minimum flight altitude limitations to other categories of aircraft seeking to conduct air tours in Hawaii. The FAA also proposed amending the references to ‘‘Rotorcraft Flight Manual (RFM)’’ currently throughout part 136 to ‘‘aircraft flight manual’’. As with the amendment to § 136.13, described above in section III.C.4 of this preamble, using this term is consistent with the reference to Aircraft Flight Manual in § 135.81. The FAA did not receive comments on these proposed changes, and therefore adopts them as final. Finally, the FAA proposed amending part 136 by recodifying appendix A as a new subpart and applying the requirements to operations of poweredlift and rotorcraft. Jack Harter Helicopters objected to the continuation of the appendix A requirements and recodifying them into subpart D, stating this was originally SFAR 71 before it was brought into appendix A for part 136 and that the FAA previously stated it would reconsider whether appendix A should be removed at some point in the future. This commenter also stated that they wanted various changes to part 136 and objected that the FAA had failed to notify industry and the public that the FAA was ‘‘opening’’ part 136 for changes. This commenter also wanted an extension of the comment period. In response, the FAA notes that it is only making a limited change by applying part 136 rules to rotorcraft and incorporating powered-lift. The FAA is not opening part 136 for extensive changes at this time. The FAA is also making limited changes to part 136 which includes amending the definition of ‘‘suitable landing area’’, adding ‘‘beyond the shoreline’’ to § 136.11(a)(2), and recodifying appendix A to subpart VerDate Sep<11>2014 17:11 Jul 25, 2023 Jkt 259001 D—which is a technical amendment. These limited changes help clarify part 136 and align part 136 with other changes made throughout this rule. The FAA disagrees that the remainder of part 136 should be modified at this time. As a result, the FAA is adopting the proposed changes as final with no further amendment. 7. Flights for the Benefit of Charitable, Nonprofit, or Community Events Operators that conduct passengercarrying flights for certain charitable, nonprofit, and community events must comply with § 91.146. The FAA proposed replacing ‘‘helicopter’’ with the term ‘‘rotorcraft’’ and adding ‘‘powered-lift’’ to the relevant applicability provisions of § 91.146 for the benefit of a charitable, nonprofit, or community event. The FAA did not receive comments on these proposed changes. As such, the FAA adopts them as final. V. 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 the 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, and Tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any one year. The current threshold after adjustment for inflation is $177 million using the most current (2022) Implicit Price Deflator for the Gross Domestic Product. This portion of the preamble summarizes the FAA’s analysis of the economic impacts of this rule. In conducting these analyses, the FAA has determined that this rule: will result in benefits that justify costs; is not an economically ‘‘significant regulatory action’’ as defined in section 3(f) of Executive Order 12866; is not PO 00000 Frm 00048 Fmt 4700 Sfmt 4700 ‘‘significant’’ as defined in DOT’s Regulatory Policies and Procedures; will not have a significant economic impact on a substantial number of small entities; will not create unnecessary obstacles to the foreign commerce of the United States; and 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 rule enables 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 rule amends 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 rule also amends 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 rule also amends certain aircraftspecific exceptions from the applicability of part 119. Furthermore, this rule alters the requirements for management personnel in certain certificate holder management positions to ensure personnel have appropriate experience. This rule extends the applicability of certain operating rules that apply to commercial air tours such that they apply to operators that conduct flights in powered-lift and rotorcraft. Finally, this rule makes various additional amendments in the interest of ensuring clarity. By including powered-lift in the existing operational framework, the rule does 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 part 121, 125, or 135 will be identical for certificate holders using powered-lift in their operations under this rule. These parameters are shown below. E:\FR\FM\26JYR1.SGM 26JYR1 Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations 48079 TABLE 1—OPERATING RULES BY PART Passenger Cargo Parameter Scheduled Non-common carriage Scheduled/ Nonscheduled Nonscheduled Part 135 Operating Rules * Passenger Seating ........ <=9 seats .......................................... Maximum Payload ......... <=30 seats .................... <=7,500 lbs. NA ................................. <20 seats. <=7,500 lbs ................... <6,000 lbs. Kind of Operation ........... Part 135 Commuter if 5 or more roundtrips/week; otherwise, Part 135 On Demand. Part 135 On Demand ... Part 135 On Demand ... Part 135 On Demand. Aircraft Type .................. Non-Turbojet ..................................... Includes Turbojet .......... Includes Turbojet .......... Includes Turbojet. NA ................................. ≥20 seats. >7,500 lbs ..................... ≥6,000 lbs. Part 121 Supplemental Part 125. Includes Turbojet .......... Includes Turbojet. Part 121 Operating Rules Part 125 Passenger Seating ........ >9 seats ............................................ Maximum Payload ......... Kind of Operation ........... >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 *All Rotorcraft Operations are conducted under part 135. NA = Not applicable. The table below lists the amendments adopted by this rule. The first column identifies the affected 14 CFR part and section; the second column describes the change from existing regulations; the third column provides the economic impact as a result of the change. TABLE 2—AMENDMENTS TO RULE BY PART 14 CFR part and section Change Economic 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 regulatory text is revised to allow passenger-carrying flights for the benefit of a charitable, nonprofit, or community event to be conducted with powered-lift. The section is also amended to replace the term ‘‘helicopters’’ with ‘‘rotorcraft.’’ The regulatory text is revised to allow passenger-carrying flights for compensation or hire to be conducted with powered-lift. The section is also amended to replace the term ‘‘helicopters’’ with ‘‘rotorcraft.’’ Enabling. Enabling. PART 91—GENERAL OPERATING AND FLIGHT RULES Subpart K—Fractional Ownership Operation § 91.1015 Management specifications .... The regulatory text replaces 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 person conducting the operation. Relieving. PART 110—GENERAL REQUIREMENTS lotter on DSK11XQN23PROD with RULES1 § 110.2 Definitions ................................... Certain definitions in this section are revised to enable powered lift to conduct the kinds of air carrier operations. Enabling. PART 119—CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS Subpart A—General § 119.1 Applicability ................................ VerDate Sep<11>2014 17:11 Jul 25, 2023 Jkt 259001 Section 119.1(a) is 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. Enabling. PO 00000 26JYR1 Frm 00049 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 48080 Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations TABLE 2—AMENDMENTS TO RULE BY PART—Continued 14 CFR part and section § 119.5 Certifications, and prohibitions. authorizations, Change Economic impact Section 119.1(e) includes 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) is 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 is 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. 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. § 119.65 Management personnel required for operations conducted under part 121 of this chapter. lotter on DSK11XQN23PROD with RULES1 § 119.67 Management personnel: Qualifications for operations conducted under part 121 of this chapter. Section 119.21(a) is 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) is 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 regulatory text replaces 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 person conducting the operation. The rule requires certificate holders have a Chief Pilot, as qualified under § 119.67, for each category of aircraft the certificate holder uses. The rule continues 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. Director of Operations: The 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 regulatory text is restructured for clarity and replaces ‘‘airplanes’’ with ‘‘aircraft,’’ which encompasses 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 regulatory text replaces ‘‘airplanes’’ with ‘‘aircraft,’’ which encompasses airplanes and powered-lift. Chief Inspector: The regulatory text is restructured for clarity and replaces ‘‘airplanes’’ with ‘‘aircraft,’’ which encompasses airplanes and powered-lift. Imposes requirements on certain operators of powered-lift that are equivalent to the requirements currently imposed on operators conducting similar operations with airplanes or rotorcraft. No additional regulatory cost. Imposes requirements on certain operators of powered-lift that are equivalent to the requirements currently imposed on operators conducting similar operations with airplanes. No additional regulatory cost. Relieving. Potential cost only if a certificate holder uses powered-lift and airplanes to conduct operations and the Chief Pilot is not dual qualified. 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 ................................ VerDate Sep<11>2014 17:11 Jul 25, 2023 Jkt 259001 The 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. 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. PO 00000 26JYR1 Frm 00050 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations 48081 TABLE 2—AMENDMENTS TO RULE BY PART—Continued 14 CFR part and section Change Economic impact § 121.1(c) Applicability ............................ The regulatory text makes a technical correction to § 121.1(c) by removing ‘‘SFAR No. 58’’ and replacing it with ‘‘subpart Y’’ which was codified on September 16, 2005. 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 regulatory text of paragraph (a) replaces ‘‘airplanes’’ with ‘‘aircraft’’ to permit certificate holders using poweredlift in domestic, all-cargo operations of a certain size, to adhere to the requirements of §§ 135.261 through 135.272. These requirements set forth flight time limitations and rest requirements. In addition, paragraph (b) permits 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. 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 R—Flight Time Limitations and Rest Requirements: Flag Operations § 121.480 Applicability ............................ The regulatory text replaces ‘‘airplanes’’ with ‘‘aircraft’’ to permit certificate holders using powered-lift in flag, allcargo 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 § 121.500 Applicability ............................ The regulatory text replaces ‘‘airplanes’’ with ‘‘aircraft’’ to permit certificate holders using powered-lift 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. 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 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 operations when common carriage is not involved conducted with airplanes that have a seating configuration of 20 or more passengers or a maximum payload capacity of 6,000 pounds or more. The rule amends § 125.1 to incorporate powered lift into the statements regarding applicability of part 125. This rule also amends § 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 conducting operations with poweredlift that are equivalent to the requirements currently imposed on operators conducting operations with airplanes. No additional regulatory cost. Imposes requirements on operators conducting operations with poweredlift and rotorcraft that are equivalent to the requirements currently imposed on operators conducting operations with airplanes. No additional regulatory cost. PART 136—COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT Subpart A—National Air Tour Safety Standards lotter on DSK11XQN23PROD with RULES1 § 136.1 Applicability and definitions ........ § 136.3 Letters of Authorization .............. § 136.5 Additional requirements for Hawaii. § 136.9 Life preservers for operations over water. VerDate Sep<11>2014 17:11 Jul 25, 2023 Jkt 259001 This change incorporates powered-lift into part 136 and changes ‘‘helicopter’’ to ‘‘rotorcraft’’ in several definitions. This change also provides relief to the definition of suitable landing area for rotorcraft.. The change is a technical amendment that changes the phrase ‘‘14 CFR 119.51’’ to ‘‘§ 119.51 of this chapter’’ The amendment is updated to reflect the recodification of appendix A as subpart D. The change is a technical amendment to § 136.9 from ‘‘airplane flight manual or rotorcraft flight manual’’ to ‘‘aircraft flight manual’’. Enabling. PO 00000 26JYR1 Frm 00051 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM No impact—technical amendment. No impact—technical amendment. No impact—technical amendment. 48082 Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations TABLE 2—AMENDMENTS TO RULE BY PART—Continued 14 CFR part and section Change Economic impact § 136.11 Rotorcraft floats for over water The section title and this section are revised to extend to all rotorcraft the requirements for helicopter floats for operations that occur overwater beyond the shoreline. The section title and this section are 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. Enabling—no impact over and above current requirements. § 136.13 Performance plan and operations. Subpart D—Special Operating Rules for Air Tour Operators in the State of Hawaii. lotter on DSK11XQN23PROD with RULES1 1. Benefits This rule enables air carrier and other commercial operations of powered-lift by extending applicability of the appropriate set of operating rules that would serve as both a risk mitigation measure and a framework for FAA oversight, as necessary to ensure the requisite level of safety. Powered-lift operations 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, while maintaining the capability of taking off and landing vertically. The faster cruise speeds could 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.14 In addition, powered-lift operations could increase the efficiency of crew transport to oil rigs as they move further from land, or other 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 poweredlift for transport of passengers could increase the capacity of the NAS and reduce delays without requiring additional infrastructure.15 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 14 Military, GLOBALSECURITY.ORG (last visited August 22, 2022), available at https:// www.globalsecurity.org/military/world/europe/ aw609.htm. 15 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. VerDate Sep<11>2014 17:11 Jul 25, 2023 Jkt 259001 conceptual design phase of a 20passenger 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 amends provisions in §§ 119.49(a)(12), (b)(12), and (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 rule requires 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 Chief Pilot Management Position This rulemaking expands the part 119 certificate holder requirements for the part 121 management position of Chief Pilot (§ 119.65). As amended, the certificate holder is required to have a Chief Pilot for each category of aircraft used by the certificate holder to conduct operations. Currently, the Chief Pilot is required to have an ATP certificate, with appropriate ratings, for at least one of the airplanes used in the certificate holder’s operations. While one person could meet the requirements of the Chief Pilot, this person would have to be dual qualified in airplanes and powered-lift. Consequently, a certificate holder conducting operations with airplanes and powered-lift may have an increase in costs if more than one Chief PO 00000 Frm 00052 Fmt 4700 Sfmt 4700 Enabling—no impact over and above current requirements. Enabling—no impact over and above current requirements. Pilot is hired to meet the qualification requirements. Should a certificate holder operating under part 121 choose to conduct operations with airplanes and poweredlift, the incremental cost to meet the Chief Pilot qualification requirements would be minimal because the individual(s) acting in this position could also serve as a line pilot. The FAA determines that certificate holders operating under part 121 that choose to conduct operations with powered-lift would do so only if the benefits of conducting the operations exceeded its costs. B. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) of 1980, (5 U.S.C. 601–612), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104–121) and the Small Business Jobs Act of 2010 (Pub. L. 111–240), requires Federal agencies to consider the effects of the regulatory action on small business and other small entities and to minimize any significant economic impact. The term ‘‘small entities’’ comprises small businesses and not-forprofit organizations that are independently owned and operated and are not dominant in their fields, and governmental jurisdictions with populations of less than 50,000. The FAA published an Initial Regulatory Flexibility Analysis (IRFA) in the proposed rule and determined that the proposal would not result in a significant economic impact on a substantial number of small entities. The FAA requested public comment regarding this determination. The FAA did not receive comments from the public regarding this determination, nor were comments to the proposed rule filed by Chief Counsel for Advocacy of the Small Business Administration (SBA). The final rule may impact small entities but will have a minimal economic impact as the final rule is enabling while imposing minimal costs. E:\FR\FM\26JYR1.SGM 26JYR1 lotter on DSK11XQN23PROD with RULES1 Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations First and foremost, the final rule changes definitions contained in § 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 operations not involving common carriage. Absent this final 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 final rule. Secondly, the final rule removes 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), and (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 final rule enables part 121 certificate holders to conduct operations using powered-lift. As a result, the final rule revises 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. The regulations will require the certificate holder to have a Chief Pilot qualified for each category of aircraft that the certificate holder uses. As stated in the proposed rule, 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 imposes 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. 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 Regulatory Flexibility Act. 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. VerDate Sep<11>2014 17:11 Jul 25, 2023 Jkt 259001 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 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 rule does not present any obstacle to foreign commerce of the United States. In addition, the 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 this final rule will not result in the expenditure of $177 million or more by State, local, or Tribal governments, in the aggregate, or the private sector, in any one year. E. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the FAA consider the impact of paperwork and other information collection burdens imposed on the public. According to the 1995 amendments to the Paperwork Reduction Act (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. The Office of Management and Budget previously approved the FAA’s collection of information affiliated with PO 00000 Frm 00053 Fmt 4700 Sfmt 4700 48083 this rule.16 None of the information collection instruments will change due to this rule, however, the number of respondents to whom the information collection requirements apply may increase. The FAA will continue to collect the necessary information in the same manner as described in its prior notices concerning the information collections. Each section below identifies the information collections affected by this rule. 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.17 While this rule allows 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 adoption of the rule. Therefore, the FAA has not estimated any burden increase for existing information collection 2120–0008 (Part 121 Operating Requirements: Domestic, Flag, and Supplemental Operations). Further, the FAA does not believe that any such certificate holders would conduct operations under part 125 in the first three years following adoption of this rule. Therefore, the FAA has not estimated any burden increase for existing information collection 2120– 0085 (Certification and Operations: Airplanes Having a Seating Capacity of 20 or More Passengers or a Maximum Payload Capacity of 6,000 Pounds or More). 1. Revision of Existing Information Collection 2120–0593: Federal Aviation Regulation part 119—Certification: Air Carriers and Commercial Operators 18 Summary: This rule would extend the requirements of part 119 to certificate holders that conduct operations with powered-lift. 16 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. 17 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 adoption of this 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). 18 Ibid. E:\FR\FM\26JYR1.SGM 26JYR1 48084 Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations Public Comment: There were no comments submitted to the notice of proposed rulemaking concerning this information collection. Use: 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 year following adoption of this rule.19 Note that not all information collection requirements are expected to increase as a result of the revision to this information collection. TABLE 3—THREE-YEAR BURDEN ESTIMATE FOR INFORMATION COLLECTION 2120–0593 CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS Number of respondents Section Section title 119.33c .. 119.35 .... 119.36 .... Proving Test Plan ..................................................... Certificate Application Reqts—all Operators ............ Certificate Application Reqts for Commercial Operators. Amending a Certificate ............................................. Management Personnel Required, Part 135 ............ Management Personnel Qualifications, Part 135 ..... ................................................................................... 119.41c .. 119.69e3 119.71f ... Time per response— technical ($32.21/hr.) Time per response— admin. asst. ($24.51/hr.) Total burden (hours) Total burden (cost) Number of responses Total responses 4 4 4 1 1 1 4 4 4 2.0 80.0 2.0 1.0 16.0 4.0 12 384 24 $356 11,876 650 1 4 4 1 1 1 1 4 4 0.5 1.0 1.0 0.1 0.5 0.5 0.6 6 6 19 178 178 ........................ .................. .................. ........................ ........................ 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 20 lotter on DSK11XQN23PROD with RULES1 Summary: 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 the Pilot Records Improvement Act (PRIA). Public Comment: There were no comments submitted to the notice of proposed rulemaking concerning this information collection. 19 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:// VerDate Sep<11>2014 17:11 Jul 25, 2023 Jkt 259001 Use: 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 adoption of this rule. Note that not all information collection requirements are expected to increase as a result of the revision to this information collection. 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 fully-loaded hourly wage of $32.21 for a technical specialist and $24.51 for an administrative assistant. 20 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 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. PO 00000 Frm 00054 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1 48085 Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations TABLE 4—THREE-YEAR BURDEN ESTIMATE FOR INFORMATION COLLECTION 2120–0607 21 PILOT RECORDS DATABASE Year 1 New Pilots ................................................................................................................................................................................. Cumulative Pilots ...................................................................................................................................................................... Pilot activity—by event Events per year Hrs per event 0 0 Year 1 (hrs) Year 2 44 44 Year 2 (hrs) Year 3 85 129 Year 3 (hrs) Total 129 .............. 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 Operator Activity—by Event Events per year 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 lotter on DSK11XQN23PROD with RULES1 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 22 Summary: Part 119 certificate holders with the authority to operate under parts 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. Public Comment: There were no comments submitted to the notice of proposed rulemaking concerning this information collection. Use: 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 adoption of this rule. Below are the reporting requirements for this information collection. Note that not all information collection requirements are expected to increase as a result of the revision to this information collection. 21 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 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.) 22 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 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. VerDate Sep<11>2014 17:11 Jul 25, 2023 Jkt 259001 PO 00000 Frm 00055 Fmt 4700 Sfmt 4700 E:\FR\FM\26JYR1.SGM 26JYR1 48086 Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations TABLE 5—THREE-YEAR BURDEN ESTIMATE FOR INFORMATION COLLECTION 2120–0535 ANTI-DRUG PROGRAM FOR PERSONNEL ENGAGED IN SPECIFIED AVIATION ACTIVITIES Responses (three years) PRA task item Time per response (hours) Total 3-Yr burden (hours) Fully-burdened hourly wage ($25.33) Total 3-Yr Burden ($) Promulgate Policy ...................................................................... Registration (New or Amended) ................................................ Supervisory Drug and Alcohol Training ..................................... Employee Training Documentation ............................................ Reasonable Cause/Suspicion Documentation .......................... Voluntary Disclosure .................................................................. Emergency Maintenance ........................................................... Scientifically Valid Random Testing Process ............................ Medical Review Officer Recordkeeping Provision ..................... 4 4 6 129 1.5 1.0 1 83 4 16.00 1.00 0.25 0.25 2.00 40.00 1.25 1.00 0.25 64.0 4.0 1.6 32.3 3.0 40.0 1.3 82.8 1.0 $25.33 25.33 25.33 25.33 25.33 25.33 25.33 25.33 25.33 $1,621 101 41 817 76 1,013 32 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. F. International Compatibility In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to conform to International Civil Aviation Organization (ICAO) Standards and Recommended Practices to the maximum extent practicable. The FAA has reviewed the corresponding ICAO Standards and Recommended Practices and has identified no differences with these regulations. G. Environmental Analysis FAA Order 1050.1F identifies FAA actions that are categorically excluded from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act (NEPA) 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. VI. Executive Order Determinations lotter on DSK11XQN23PROD with RULES1 A. Executive Order 13132, Federalism The FAA has analyzed this final rule under the principles and criteria of Executive Order 13132, Federalism. The FAA has determined that this action will not have a substantial direct effect on the States, or the relationship between the Federal Government and the States, or on the distribution of power and responsibilities among the various levels of government, and, therefore, will not have federalism implications. B. Executive Order 13175, Consultation and Coordination with Indian Tribal Governments Consistent with Executive Order 13175, Consultation and Coordination VerDate Sep<11>2014 17:11 Jul 25, 2023 Jkt 259001 with Indian Tribal Governments,23 and FAA Order 1210.20, American Indian and Alaska Native Tribal Consultation Policy and Procedures,24 the FAA ensures that Federally Recognized Tribes (Tribes) are given the opportunity to provide meaningful and timely input regarding proposed Federal actions that have the potential to have substantial direct effects on one or more Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes; or to affect uniquely or significantly their respective Tribes. At this point, the FAA has not identified any unique or significant effects, environmental or otherwise, on Tribes resulting from this final rule. C. Executive Order 13211, Regulations That Significantly Affect Energy Supply, Distribution, or Use The FAA analyzed this final rule under Executive Order 13211, Actions Concerning Regulations that Significantly Affect Energy Supply, Distribution, or Use. The FAA has determined that it is not a ‘‘significant energy action’’ under the executive order and is not likely to have a significant adverse effect on the supply, distribution, or use of energy. D. 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 FR 67249 (Nov. 6, 2000). Order No. 1210.20 (Jan. 28, 2004), available at https://www.faa.gov/documentLibrary/ media/1210.pdf. PO 00000 23 65 24 FAA Frm 00056 Fmt 4700 Sfmt 4700 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 will have no effect on international regulatory cooperation. VII. Additional Information A. Electronic Access and Filing A copy of the NPRM, all comments received, this 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 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 amendment number(s) of this rulemaking. All documents the FAA considered in developing this final rule, including economic analyses and technical reports, may be accessed in the electronic docket for this rulemaking. B. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires the FAA to comply with small entity requests for information or E:\FR\FM\26JYR1.SGM 26JYR1 Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations advice about compliance with statutes and regulations within its jurisdiction. A small entity with questions regarding this document may contact its local FAA official, or the person listed under the FOR FURTHER INFORMATION CONTACT heading at the beginning of the preamble. To find out more about SBREFA on the internet, visit https:// www.faa.gov/regulations_policies/ rulemaking/sbre_act/. 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. The Amendment In consideration of the foregoing, the Federal Aviation Administration amends 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: lotter on DSK11XQN23PROD with RULES1 ■ 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 VerDate Sep<11>2014 17:11 Jul 25, 2023 Jkt 259001 the Convention on International Civil Aviation (61 Stat. 1180), (126 Stat. 11). 2. Amend § 91.146 by revising paragraphs (b) introductory text and (b)(2), (3), (5), and (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 of this chapter 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; * * * * * ■ 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: PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 § 91.1015 48087 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’’ and by revising the definitions of ‘‘Commuter operation’’, ‘‘Domestic operation’’, ‘‘Flag operation’’, ‘‘On-demand 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 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. E:\FR\FM\26JYR1.SGM 26JYR1 lotter on DSK11XQN23PROD with RULES1 48088 Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations (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 poweredlift, including any that are turbojetpowered, having a passenger-seat configuration of 30 seats or fewer, excluding each crewmember seat, and a VerDate Sep<11>2014 17:11 Jul 25, 2023 Jkt 259001 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. * * * * * 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 PO 00000 Frm 00058 Fmt 4700 Sfmt 4700 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: 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; sec. 215, Pub. L. 111–216, 124 Stat. 2348. 8. Amend § 119.1 by: a. Revising paragraph (a)(2); b. Adding paragraph (a)(3); and c. Revising paragraphs (e) introductory text, (e)(2), (e)(4)(v), (e)(5), (e)(7) introductory text, and (e)(7)(i), (iii), and (vii). The revisions and addition read as follows: ■ ■ ■ ■ § 119.1 Applicability. (a) * * * (2) When common carriage is not involved, in operations 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; 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 E:\FR\FM\26JYR1.SGM 26JYR1 Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations 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, of the chapter and this part, as applicable, apply. * * * * * (4) * * * (v) Powered-lift or rotorcraft operations in construction or repair work (but part 119 of this chapter 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; * * * * * ■ 9. Amend § 119.5 by revising paragraphs (b) and (c) to read as follows: § 119.5 Certifications, authorizations, and prohibitions. lotter on DSK11XQN23PROD with RULES1 * * * * * (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 VerDate Sep<11>2014 17:11 Jul 25, 2023 Jkt 259001 more, will be issued an Operating Certificate. * * * * * ■ 10. Amend § 119.21 by revising paragraph (a) introductory text 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 (b) introductory text 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— * * * * * (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) * * * PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 48089 (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 that exercised operational control over any operations conducted under part 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 part 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 of this chapter and over which the Chief Pilot exercises responsibility; and E:\FR\FM\26JYR1.SGM 26JYR1 lotter on DSK11XQN23PROD with RULES1 48090 Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations (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) of this chapter. 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 part 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 (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 VerDate Sep<11>2014 17:11 Jul 25, 2023 Jkt 259001 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 (e) may be issued 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); Pub. L. 115–254, 132 Stat. 3186 (49 U.S.C. 44701 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 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’’. ■ PO 00000 Frm 00060 Fmt 4700 Sfmt 4700 § 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—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 to read as set forth above. ■ 23. Amend § 125.1 by revising paragraphs (a), (b) introductory text, (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— * * * * * (4) They are being operated under part 91 of this chapter by an operator certificated to operate those aircraft under the rules of part 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. Amend § 125.23 by revising the introductory text to read as follows: ■ E:\FR\FM\26JYR1.SGM 26JYR1 Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations § 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 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 paragraphs (a), (b) introductory text, and (c); and ■ b. In paragraph (d): ■ i. In the definition of ‘‘Commercial Air Tour’’: ■ A. By removing ‘‘Commercial Air Tour’’ and adding ‘‘Commercial air tour’’ in its place; ■ B. By revising the introductory text; and ■ C. By redesignating paragraphs (1) through (8) as paragraphs (i) through (viii); ■ ii. By removing the definition of ‘‘Suitable landing area for helicopters’’; and ■ iii. By adding a definition for ‘‘Suitable landing area for rotorcraft’’ in alphabetical order. The revisions and addition read as follows: ■ ■ lotter on DSK11XQN23PROD with RULES1 § 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: * * * * * VerDate Sep<11>2014 17:11 Jul 25, 2023 Jkt 259001 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. These suitable landing areas must be site specific, designated by the operator, and accepted by the FAA. * * * * * ■ 27. Revise § 136.3 to read as follows: § 136.3 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. Amend § 136.9 by revising the section heading and paragraphs (b)(1) through (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: § 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. PO 00000 Frm 00061 Fmt 4700 Sfmt 4700 48091 (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 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. E:\FR\FM\26JYR1.SGM 26JYR1 48092 Federal Register / Vol. 88, No. 142 / Wednesday, July 26, 2023 / Rules and Regulations Appendix A to Part 136—[Removed] ■ 32. Remove appendix A to part 136. 33. Add 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. lotter on DSK11XQN23PROD with RULES1 § 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: VerDate Sep<11>2014 17:11 Jul 25, 2023 Jkt 259001 (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. Issued in Washington, DC, under the authority of 49 U.S.C. 106(f) and (g), 40101(d)(1), 40105(b)(1)(A), and 44701(a)(5). Polly Trottenberg, Acting Administrator. [FR Doc. 2023–15619 Filed 7–24–23; 11:15 am] BILLING CODE 4910–13–P PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 FEDERAL TRADE COMMISSION 16 CFR Part 255 Guides Concerning the Use of Endorsements and Testimonials in Advertising Federal Trade Commission. Final rule; adoption of revised AGENCY: ACTION: Guides. The Federal Trade Commission (‘‘FTC’’ or ‘‘Commission’’) is adopting revised Guides Concerning the Use of Endorsements and Testimonials in Advertising (‘‘the Guides’’). The revised Guides include additional changes not incorporated in the proposed revisions published for public comment on July 26, 2022. DATES: Effective July 26, 2023. FOR FURTHER INFORMATION CONTACT: Michael Ostheimer (202–326–2699), Attorney, Division of Advertising Practices, Bureau of Consumer Protection, Federal Trade Commission, 600 Pennsylvania Avenue NW, Washington, DC 20580. SUPPLEMENTARY INFORMATION: SUMMARY: I. Overview of the Commission’s Review of the Guides The Commission began a review of the Guides pursuant to the agency’s ongoing regulatory review of all current rules and guides. In February 2020, the Commission published a Federal Register document seeking comment on the overall costs, benefits, and regulatory and economic impact of the Guides. 85 FR 10104 (Feb. 21, 2020). Given the disruption caused by the COVID–19 pandemic, the Commission extended the comment period for two months. 85 FR 19709 (Apr. 8, 2020). One hundred eight unique substantive comments were filed in response to the Commission’s February 2020 publication. In July 2022, the Commission published a Federal Register document, 87 FR 44288 (July 26, 2022), that discussed the comments it had received in 2020, proposed certain revisions to the Guides, and requested comment on those revisions. Thirty unique substantive comments were filed.1 After 1 Comments were submitted by the American Association of Advertising Agencies (‘‘AAAA’’), the American Academy of Audiology (‘‘Academy’’), the American Optometric Association (‘‘AOA’’), the Association of National Advertisers (‘‘ANA’’), Bazaarvoice, Inc. (‘‘Bazaarvoice’’), BBB National Programs, the Center for Data Innovation (‘‘CDI’’), Common Sense Media (‘‘Common Sense’’), the Computer & Communications Industry Association (‘‘CCIA’’), Consumer Reports, Inc. (‘‘Consumer Reports’’), James A. Dudukovich, Esq. (‘‘Dudukovich’’), the Entertainment Software E:\FR\FM\26JYR1.SGM 26JYR1

Agencies

[Federal Register Volume 88, Number 142 (Wednesday, July 26, 2023)]
[Rules and Regulations]
[Pages 48072-48092]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-15619]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

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

[Docket No. FAA-2022-1563; Amdt. Nos. 91-370, 110-3, 119-20, 121-390, 
125-74, 136-2]
RIN 2120-AL80


Update to Air Carrier Definitions

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

ACTION: Final rule.

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SUMMARY: The FAA is amending the regulatory definitions of certain air 
carrier and commercial operations. This final rule adds 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 is also updating 
certain basic requirements that apply to air carrier oversight, such as 
the contents of operations specifications and the experience applicable 
to certain management personnel. In addition, this final rule applies 
the rules for commercial air tours to powered-lift. This final rule is 
an important step in the FAA's integration of new entrant aircraft in 
the National Airspace System (NAS).

DATES: Effective September 25, 2023.

ADDRESSES: For information on where to obtain copies of rulemaking 
documents and other information related to this final rule, see ``How 
to Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION 
section of this document.

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. Authority for This Rulemaking
III. Background
    A. Statement of the Problem
    B. The Notice of Proposed Rulemaking
IV. Discussion of the Final Rule and Comments
    A. Certification of Air Carrier and Operator Definitions
    B. Requirements and Applicability of Part 119
    C. Commercial Air Tours and Flights for the Benefit of 
Charitable, Nonprofit, or Community Events
V. Regulatory Notices and Analyses
    A. Regulatory Evaluation
    B. Regulatory Flexibility Act
    C. International Trade Impact Assessment
    D. Unfunded Mandates Assessment
    E. Paperwork Reduction Act
    F. International Compatibility
    G. Environmental Analysis
VI. Executive Order Determinations
    A. Executive Order 13132, Federalism
    B. Executive Order 13175, Consultation and Coordination With 
Indian Tribal Governments
    C. Executive Order 13211, Regulations That Significantly Affect 
Energy Supply, Distribution, or Use
    D. Executive Order 13609, Promoting International Regulatory 
Cooperation
VII. Additional Information
    A. Electronic Access and Filing
    B. Small Business Regulatory Enforcement Fairness Act

I. Executive Summary

    The FAA is adopting the regulatory amendments proposed in the 
notice of proposed rulemaking (NPRM), Update to Air Carrier 
Definitions.\1\ The Update to Air Carrier Definitions NPRM proposed 
adding powered-lift to the definitions of five kinds of air carrier 
operations--commuter, domestic, flag, on-demand, and supplemental. This 
final rule will adopt those items proposed in the Update to Air Carrier 
Definitions NPRM without change.
---------------------------------------------------------------------------

    \1\ Update to Air Carrier Definitions NPRM, 87 FR 74995 (Dec. 7, 
2022).
---------------------------------------------------------------------------

    In this final rule, the FAA adds powered-lift to the definitions in 
Sec.  110.2 of title 14 of the Code of Federal Regulations (14 CFR) to 
enable air carrier operations with powered-lift. This rule also extends 
the applicability of certain operating rules to powered-lift, such as 
the rules that apply to certain noncommon carriage operations involving 
larger aircraft and rules that apply to commercial air tours.
    In addition, this rule updates various provisions within 14 CFR 
part 119 (Certification: Air Carriers and Commercial Operators) to 
address air carriers' operations of powered-lift; amends certain 
aircraft-specific provisions in Sec.  119.1, which outline the 
applicability of and exceptions from part 119; and adds sight-seeing 
flights in gliders to the exclusions from part 119. Furthermore, this 
rule amends the experience requirements for personnel in certain 
management positions for air carriers to ensure they have appropriate 
experience in powered-lift operations. This rule also makes various 
technical amendments to part 119 for clarity and to reflect current FAA 
practices pertaining to the information included in operations 
specifications.
    Lastly, this rule amends part 136 by applying it to rotorcraft and 
powered-lift, making limited changes to ``suitable landing area'' and 
Sec.  136.11(a)(2), and recodifying appendix A to subpart D as a 
technical amendment.

II. Authority for This Rulemaking

    The FAA's authority to issue rules on aviation safety is codified 
throughout Title 49 of the United States Code. The FAA issues this 
final 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.

[[Page 48073]]

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.''
    The FAA also issues 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 make, or cause to be made, 
inspections, repairs, or maintenance of equipment used in air 
transportation as required by part A of subtitle VII of Title 49 of the 
United States Code or regulations prescribed or orders issued by the 
FAA.

III. Background

    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.
    Powered-lift is defined in 14 CFR 1.1 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.''
    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 certain powered-lift for 
transporting passengers 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 takeoff and landing 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 serves as 
both a risk mitigation measure and a framework for FAA oversight, as 
necessary to achieve the requisite level of safety.
    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; Miscellaneous Amendments Related to 
Rotorcraft and Airplanes'' (RIN 2120-AL72) (88 FR 38946, June 14, 
2023), to establish temporary operating and airman certification 
regulations for powered-lift. The FAA plans to use the information 
gathered in this interim process to update its regulations to address 
powered-lift operations broadly.

A. Statement of the Problem

    Currently, part 119 and the corresponding definitions in Sec.  
110.2 only allow airplanes or rotorcraft to be used in air carrier or 
commercial service operations. The primary purpose of this rulemaking 
is to amend the language of Sec.  110.2, Definitions, and part 119, 
Certification: Air Carriers and Commercial Operators, to allow powered-
lift to operate for compensation or hire. The rule will enable an air 
carrier or commercial operator to operate powered-lift in air commerce. 
Without this rule, air carriers and commercial operators are not 
allowed to operate powered-lift in air commerce.

B. The Notice of Proposed Rulemaking

    On December 7, 2022, the FAA published a NPRM titled ``Update to 
Air Carrier Definitions.'' \2\ In the NPRM, the FAA proposed adding 
``powered-lift'' to certain part 91 regulations, to the air carrier and 
commercial operator certification parts (parts 110 and 119), as well as 
to the applicability for certain commercial operations. The FAA also 
proposed amendments that would reference ``rotorcraft'' instead of 
``helicopter'' to be more consistent with other existing regulations. 
Adding references to ``powered-lift'' in these parts will enable the 
FAA to certificate operators for certain commercial operations and will 
serve as the first step for powered-lift entering commercial service.
---------------------------------------------------------------------------

    \2\ Update to Air Carrier Definitions NPRM, 87 FR 74995 (Dec. 7, 
2022).
---------------------------------------------------------------------------

    The NPRM provided a 60-day comment period, which ended on February 
6, 2023. The FAA received nine comments from industry (Airlines for 
America (A4A), Air Line Pilots Association, Int'l (ALPA), General 
Aviation Manufacturers Association (GAMA), Helicopter Association 
International (HAI), Jack Harter Helicopters, Inc., Joby Aviation 
(Joby), Wisk Aero, and two anonymous comments).
    The FAA received four comments in general support of the NPRM, four 
comments proposing revisions to the rule, and one anonymous comment in 
general opposition.

IV. Discussion of the Final Rule and Comments Received

A. Certification of Air Carrier and Operator Definitions

    Title 14 CFR 110.2 provides definitions that pertain to the 
certification of air carriers and operators for compensation or hire. 
Specifically, it defines commuter operation, domestic operation, flag 
operation, on-demand operation, and supplemental operation. In the 
NPRM, the FAA proposed to amend those definitions to include powered-
lift. Therefore, the rules and applicability sections in 14 CFR chapter 
1, subchapter G, would include use of powered-lift in those kinds of 
operations. Amending these definitions along with other provisions of 
part 119 enables powered-lift to engage in operations consistent with 
the applicable statutory framework that applies to air carrier and 
commercial operations. The FAA received four comments in general 
support of the revision of existing regulations to address powered-
lift. None of the commenters raised concerns or commented directly on 
the revision of these definitions.
    For the foregoing reasons, the FAA adopts as final Sec.  110.2 that 
incorporates ``powered-lift'' into the following definitions: commuter 
operation,

[[Page 48074]]

domestic operation, flag operation, on-demand operation, and 
supplemental operation.

B. 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 in air commerce. Part 119 also details the process 
for obtaining and maintaining an operating certificate.
    The FAA proposed revising Sec.  119.1(a)(2) to apply part 119 to 
each person operating or intending to operate, when common carriage is 
not involved, airplanes or powered-lift with a passenger-seat 
configuration of 20 or more seats and a payload capacity of 6,000 
pounds or more. The FAA also proposed to add Sec.  119.1(a)(3) for 
consistency with Sec.  119.23 which was omitted during the creation of 
part 119. This new paragraph applies part 119 to each person operating 
or intending to operate airplanes or powered-lift for 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.
    Similarly, the FAA proposed amending 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 proposed amending Sec. Sec.  119.21 and 
119.23 to apply appropriate requirements to powered-lift operations of 
commercial operators engaged in intrastate common carriage, direct air 
carriers, or when common carriage is not involved.
    Many operations are subject to exclusion from part 119. Some of the 
exclusions in Sec.  119.1(e) do not specify the type of aircraft; 
however, some exclusions apply only to helicopters or only to airplanes 
and helicopters. Using the term ``rotorcraft'' throughout Sec.  119.1 
ensures consistency with other applicability provisions of part 119.
    The FAA proposed replacing ``helicopter'' with ``rotorcraft'' and 
adding ``powered-lift'' to the exclusion described at Sec.  
119.1(e)(4)(v) for aerial work operations. The FAA anticipates powered-
lift would perform functions in aerial work in much the same manner as 
rotorcraft currently do. Allowing powered-lift to operate under this 
exception poses low risk to the general public. The FAA also proposed a 
technical amendment in the NPRM regulatory text to clarify that the 
exception under Sec.  119.1(e)(4)(v) does not apply to transportation 
to and from the site of construction or repair work operations. The FAA 
did not receive comments on this proposed amendment and adopts language 
clarifying the exception as final.
    The FAA also proposed broadening the exclusion in Sec.  119.1(e)(7) 
for helicopter flights conducted within a 25 statute mile radius of the 
airport of takeoff meeting specific conditions \3\ to permit those 
flights to occur using powered-lift or rotorcraft, rather than only 
helicopters. Expanding this exclusion to rotorcraft and powered-lift 
ensures consistency with other applicability provisions of part 119.
---------------------------------------------------------------------------

    \3\ The conditions listed in Sec.  119.1(e)(7) include: (i) not 
more than two passengers are carried in the helicopter in addition 
to the required flightcrew; (ii) each flight is made under day 
visual flight rules (VFR) conditions; (iii) the helicopter used is 
certificated in the standard category and complies with the 100-hour 
inspection requirements of part 91; (iv) the operator notifies the 
responsible Flight Standards office at least 72 hours before each 
flight and furnishes any essential information that the office 
requests; (v) the number of flights does not exceed a total of six 
in any calendar year; (vi) each flight has been approved by the 
Administrator; and (vii) cargo is not carried in or on the 
helicopter.
---------------------------------------------------------------------------

    In addition, the FAA proposed adding operations conducted in 
gliders to the exception that applies to sightseeing flights. The 
addition of gliders to this exception ensures 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, the FAA proposed adding 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. The FAA also proposed amending ``helicopter'' to 
``rotorcraft''. The FAA did not receive any comments on the 
aforementioned amendments. Consequently, the FAA adopts these changes 
as final.
1. Records Regarding Operations
    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. The FAA 
determined this requirement as written 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. The FAA proposed narrowing the current 
requirements in Sec.  119.49 by requiring that operations 
specifications contain only exemptions and deviations the FAA has 
issued that apply to the certificate holder.
    Similar to this rule's amendments to Sec.  119.49(a)(12), (b)(12), 
and (c)(11), the FAA proposed revising 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. 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. The FAA did not receive comments regarding these proposed changes. 
As a result, the FAA adopts them as final.
2. Management of Operation
    Sections 119.65 through 119.71 set forth management personnel 
requirements that certificate holders must comply with to ensure the 
highest degree of safety in their operations. The FAA proposed amending 
the experience requirements for operations conducted under part 121 by 
making these requirements applicable to aircraft as opposed to only 
airplanes. The FAA also proposed requiring 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. To enable 
eventual powered-lift operations in part 121, the FAA proposed amending 
these management personnel requirements to ensure these operations 
maintain the highest degree of safety.
    The FAA received a comment from the Air Line Pilots Association 
(ALPA) indicating that they did not support proposed rules which lower 
the qualification and experience requirements for Directors of 
Operations, Chief Pilots, Directors of Maintenance, and Chief 
Inspectors for certificate holders. ALPA stated that the FAA is 
modifying Sec. Sec.  119.65, 119.67, 119.69, and 119.71, which is not 
entirely correct. The FAA did not propose to change Sec.  119.69 or 
Sec.  119.71 because those sections already use the term ``aircraft'' 
rather than ``airplane'' and are therefore not specific to any 
particular category of aircraft. However, for Sec. Sec.  119.65 and 
119.67--the part 121 requirements--the term ``airplane'' is used, and 
therefore the FAA proposed changes to those sections to accommodate 
powered-lift. In addition, the FAA proposed in Sec.  119.65 to have a 
chief pilot for each category of aircraft used. This would extend the 
level of safety currently provided in the regulation to powered-lift 
operations. The change proposed to Sec.  119.67 is limited to changing 
``airplane'' to ``aircraft'' and rewording the experience requirements 
for clarity.

[[Page 48075]]

    The FAA disagrees with ALPA's comment that indicates it believes 
the FAA is lowering the qualification and experience requirements for 
Directors of Operations, Chief Pilots, Directors of Maintenance, and 
Chief Inspectors for certificate holders. The FAA is not lowering the 
qualification nor the experience requirements for any of the part 119 
required management positions. Rather, the FAA is applying the same 
qualification and experience requirements to powered-lift as currently 
required for airplanes. Consequently, the FAA adopts the proposed 
amendments as final without changes.
    The FAA also proposed removing the FAA internal routing codes from 
the regulatory text of Sec.  119.67(e), as the FAA no longer uses such 
codes in its regulations. The FAA did not receive comments on this 
proposed change and adopts it as final.
Director of Operations
    Currently, Sec.  119.67(a)(2) (Management personnel: Qualifications 
for operations conducted under part 121 of this chapter) requires 
Directors of Operations to have experience in large ``airplanes.'' To 
broaden this section to cover Directors of Operations for certificate 
holders that use powered-lift, the FAA proposed using the general term 
large ``aircraft'' in that paragraph. Under the proposal, for 
certificate holders that conduct operations under part 121, the 
Director of Operations is required 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.
    Existing Sec.  119.67(a)(3) outlines the requirements for anyone 
who serves for the first time in a Director of Operations role for a 
certificate holder that conducts operations under part 121. The FAA 
proposed under this rule that a person who serves as Director of 
Operations needs 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 rule 
means the broad classification of aircraft regarding the certification, 
ratings, privileges, and limitations of airmen. The FAA did not receive 
comments regarding the aforementioned proposed changes and adopts them 
as final.
Chief Pilot
    To be qualified to serve as a Chief Pilot, a person must meet the 
qualification requirements of Sec.  119.67(b). The FAA proposed 
requiring the Chief Pilot for powered-lift to hold an airline transport 
pilot (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.
    Under Sec.  119.67(b), the FAA also proposed clarifying that the 
ATP certificate with appropriate ratings must be for an aircraft the 
certificate holder uses in operations ``under part 121''. This 
clarification ensures 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 their part 121 operations. In addition, 
as with the Director of Operations qualifications discussed previously, 
the FAA proposed amending ``large airplane[s]'' and ``small 
airplane[s]'' to ``large aircraft'' and ``small aircraft'' under Sec.  
119.67(b).
    The FAA also proposed requiring 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 FAA proposed that 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.
    Finally, the FAA proposed amending 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. 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.\4\
---------------------------------------------------------------------------

    \4\ See, Provision for Deviations from Qualifications 
Requirements for Chief Pilots, 34 FR 7175 (Apr. 30, 1969).
---------------------------------------------------------------------------

    In amending 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). The FAA did not 
receive comments on the aforementioned proposed changes to the Chief 
Pilot requirements, and therefore adopts them as final. In making these 
amendments, the FAA ensures each certificate holder has sufficient 
qualified management personnel to ensure the highest degree of safety 
and address the risks that each category of aircraft may present.
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) describes the qualifications that must be met to serve as 
Director of Maintenance. The FAA proposed replacing the term 
``airplane'' in Sec.  119.67(c) with ``aircraft'' for the reasons 
previously articulated.
    The FAA also proposed requiring 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.\5\ The Director of Maintenance needs 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. These experience and qualification 
requirements within Sec.  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. 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. The FAA did not receive comments on these 
proposed changes and therefore adopts them as final.
---------------------------------------------------------------------------

    \5\ The term ``category'' in this context would mean the 
grouping of aircraft based upon the intended use or operating 
limitations. The definition in 14 CFR 1.1 cites as examples: 
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. The 
definition cites the following as examples of class: balloon, 
glider, land airplane, rotorcraft and seaplane.
---------------------------------------------------------------------------

Chief Inspector
    Section 119.67(d) outlines the requirements for a person to serve 
as a Chief Inspector for operations conducted under part 121. Chief

[[Page 48076]]

Inspectors have direct authority and responsibility over people 
performing the requisite inspections for the certificate holder. The 
FAA proposed amending the rule to 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 amendment 
is consistent with the other changes in 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 an air 
carrier maintenance program \6\ or a certificated repair station. The 
FAA did not receive comments on this proposed amendment and adopts it 
as final.
---------------------------------------------------------------------------

    \6\ 14 CFR 135.411(a)(2); see also Sec.  121.367. These 
regulations require a certificate holder to have an inspection 
program and a program covering other maintenance, preventative 
maintenance, and alterations.
---------------------------------------------------------------------------

3. Operations Under Parts 121 and 135
    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. 
To ensure safety of passengers carried in those kinds of operations, 
the provisions of part 121 apply to scheduled operations of turbojet 
airplanes. The FAA proposed to 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.
    The FAA received an anonymous comment requesting that the FAA 
enable single-engine turbojet airplanes to conduct part 135 commuter 
operations. Specifically, the commenter requested that the FAA permit 
use of the Cirrus SF-50 single-engine jet in part 135 commuter 
operations. The commenter asserted that, due to the Cirrus SF-50's 
limited capacity--it has six seats--this aircraft should be permitted 
to conduct part 135 commuter operations. The commenter stated that if 
the Cirrus SF-50 was allowed to operate in commuter operations, the 
pilot in command would be required to hold an ATP certificate and a 
type rating since it is a turbojet airplane. Conversely, the pilot in 
command of a single-engine reciprocating airplane in commuter 
operations is only required to hold a commercial certificate. The FAA 
determined that this comment is not within the scope of this 
rulemaking. Although the FAA considered general changes pertaining to 
the definition of commuter operations to enable powered-lift 
operations, it did not specifically contemplate whether single-engine 
turbo-jet airplanes should be able to conduct part 135 commuter 
operations. As a result, the comment is not within the scope of this 
rule, and the FAA declines to make the requested change.
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) is the 
only paragraph in Sec.  121.1 that currently uses the term 
``airplane.'' The FAA proposed revising this paragraph to apply to 
``aircraft'' instead of ``airplane.'' This change in Sec.  121.1 is 
necessary to correspond to the changes in parts 110 and 119 to extend 
the applicability of these parts to eventual powered-lift operations. 
The FAA also proposed a technical correction to Sec.  121.1(c) by 
removing ``SFAR No. 58'' and replacing it with ``subpart Y'' which was 
codified on September 16, 2005.\7\ The FAA did not receive any comments 
on these proposed changes. As a result, the FAA adopts as final Sec.  
121.9(g) to apply to ``aircraft'' and Sec.  121.1(c) to state ``subpart 
Y''.
---------------------------------------------------------------------------

    \7\ Advanced Qualification Program, Final Rule, 70 FR 54810 
(Sept. 16, 2005).
---------------------------------------------------------------------------

Certain Flight Time Limitations and Rest Requirements Under Part 121
    Regarding flight time limitations and rest requirements, the FAA 
proposed amending Sec. Sec.  121.470, 121.480, and 121.500 to replace 
the word ``airplanes'' with the term ``aircraft.'' 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.\8\
---------------------------------------------------------------------------

    \8\ Flightcrew Member Duty and Rest Requirements, 77 FR 330, 332 
(Jan. 4, 2012).
---------------------------------------------------------------------------

    In addition, Sec.  121.470 contains an exception for operations 
conducted entirely within Alaska or Hawaii with certain airplanes. 
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. For such operations, the specific flight time limitations 
and rest requirements of subpart R adequately address the risk 
associated with lack of rest.\9\ The FAA did not receive any comments 
on these proposed revisions. As a result, the FAA adopts them as final.
---------------------------------------------------------------------------

    \9\ Flightcrew Member Duty and Rest Requirements, 77 FR 330, 331 
(Jan. 4, 2012); 78 FR 69287 (Nov. 19, 2013).
---------------------------------------------------------------------------

4. Operations Under Part 125
    Part 125 applies to certain air carrier operations referenced in 14 
CFR 125.1. The FAA proposed to amend Sec.  125.1 such that those 
provisions would include powered-lift. Specifically, the FAA proposed 
to amend paragraphs (a), (b), (c), and (e) of Sec.  125.1, to add the 
term ``powered-lift'' or, where appropriate, ``aircraft.''
    Large powered-lift, due to their size, weight, and passenger 
capacity, present a level of risk that part 125 mitigates. Extending 
these requirements and standards to applicable operations of large 
powered-lift aircraft is consistent with the FAA's strategy for 
mitigating risks. The FAA's amendments to Sec. Sec.  119.23 and 125.1 
clarify that operators that conduct operations when common carriage is 
not involved in powered-lift would do so under the rules of part 125, 
provided they fall within the scope outlined in Sec.  119.23(a).
    In addition, the FAA proposed changing the ``airplane'' to 
``aircraft'' in the title of part 125 and amending Sec.  125.23 to 
change the word ``airplane'' to ``aircraft,'' as Sec.  125.23 generally 
addresses applicability of certain rules and standards concerning 
operations subject to part 125. The FAA did not receive any comments on 
these proposed changes. Therefore, the FAA adopts them as final.

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

    Commercial air tours are currently limited to flights conducted for 
compensation or hire in an airplane or helicopter in which the purpose 
of the flight is sightseeing.\10\ Passenger-carrying flights may also 
be conducted without compensation or hire for certain charitable, 
nonprofit, and community

[[Page 48077]]

events. As discussed in more detail below, the FAA proposed 
incorporating powered-lift for commercial air tours and flights for the 
benefit of charitable, nonprofit or community events, and revising the 
necessary provisions to address ``rotorcraft'' instead of 
``helicopter''. These proposals 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.
---------------------------------------------------------------------------

    \10\ 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 rule would not affect the applicability 
of any such requirements.
---------------------------------------------------------------------------

1. 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 proposed replacing ``helicopter'' with the term ``rotorcraft'' and 
adding ``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 did not receive comments on this 
proposed change, and therefore adopts it as final.
    In addition, as discussed in more detail below, the FAA proposed 
changing the term ``helicopter'' to ``rotorcraft'' throughout part 136 
to ensure the safety standards of part 136 apply to all rotorcraft and 
not only helicopters. 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.
2. Suitable Landing Area for Emergencies
    The current definition of ``suitable landing area for helicopters'' 
in Sec.  136.1(d) 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 FAA proposed 
broadening the applicability to incorporate rotorcraft to ensure they 
are subject to the safety standards of part 136. The FAA did not 
receive specific comments on broadening the applicability to 
incorporate rotorcraft, and therefore adopts that change as final.
    The FAA also proposed removing the phrase ``damage to equipment'' 
from the definition of ``suitable landing area,'' and adding 
``serious'' before ``injury.'' The FAA intends to clarify that a 
suitable landing area is one that provides a reasonable capability for 
rotorcraft to land without causing serious injury to persons.
    In addition, the FAA proposed removing 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 determined this sentence is too narrow. The proposed definition 
includes the phrase ``in an emergency'' to describe the context for 
which the operator would designate landing areas for rotorcraft.
    The FAA received two comments that agreed the current definition of 
``suitable landing area for helicopters'' needed to be changed. Jack 
Harter Helicopters wanted the FAA to eliminate the definition entirely, 
and Helicopter Association International (HAI) wanted the FAA to remove 
the ``injury'' element. The FAA has determined that there is not a 
safety case to entirely remove this definition, agreeing with HAI in 
that the purpose of this definition is to ensure operators designate 
potential landing areas in advance of the operation so that the pilot 
in command is aware of these potential sites in case of an emergency 
landing. Furthermore, the FAA is already modifying the current 
definition from ``injury'' to ``serious injury'' which is relieving. 
The FAA has determined that in the interest of safety, the injury 
element should not be entirely eliminated and changing ``injury'' to 
``serious injury'' strikes the appropriate balance.
    Finally, both commenters expressed a concern with the policy of 
having FAA-accepted suitable landing areas. The concern is that the 
current requirement for operators to establish FAA-accepted suitable 
landing areas for helicopters does not mirror real-world operations. 
The FAA disagrees with these comments. In the air tour industry, those 
suitable landing areas should be designated in advance and the FAA 
should be involved in that determination. The FAA has concluded that 
removing the requirement to have those designated sites accepted by the 
FAA would then allow these operators to choose new sites that may have 
negative safety and environmental consequences for the surrounding 
communities. Allowing operators to determine their own landing areas 
without FAA acceptance could lead to some operators creating new routes 
that have not been vetted by the FAA. This could result in increased 
noise in the surrounding community and could impact the safety of the 
air tour and individuals on the ground. Therefore, the FAA is adopting 
the proposed changes as final with no further amendment.
3. Life Preservers for Operations Over Water
    The FAA also proposed in the NPRM regulatory text amending Sec.  
136.9. Section 136.9 outlines requirements for life preservers for 
operations over water.\11\ The FAA proposed amending the text in Sec.  
136.9(b)(3) 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. The FAA also proposed a 
technical amendment to Sec.  136.9 by adding the term ``or'' after 
Sec.  136.9(b)(2). The FAA did not receive comments on these proposed 
changes and therefore adopts them as final.
---------------------------------------------------------------------------

    \11\ This requirement also applies to operations that occur 
under Sec. Sec.  91.146 (``Passenger-carrying flights for the 
benefit of a charitable, non-profit, or community event'') and 
91.147 (``Passenger carrying flights for compensation or hire'').
---------------------------------------------------------------------------

4. Rotorcraft Floats for Over Water
    Section 136.11 outlines requirements for helicopter floats for over 
water operations. The FAA proposed extending the Sec.  136.11 
requirements to rotorcraft operations that occur under part 136 to help 
mitigate the risks associated with emergency water landings.
    Additionally, Sec.  136.11(b)(2) does not include a reference to 
``beyond the shoreline''. The FAA proposed adding this reference to 
clarify the requirement to have the flotation system armed when the 
aircraft is over water beyond the shoreline.\12\ The FAA did not 
receive comments on the aforementioned proposed amendments and 
therefore adopts them as final.
---------------------------------------------------------------------------

    \12\ Shoreline means that area of the land adjacent to the water 
of an ocean, sea, lake, pond, river or tidal basin that is above the 
high water mark and excludes land areas unsuitable for landing such 
as vertical cliffs or land intermittently under water during the 
particular flight. See, 14 CFR 136.1.
---------------------------------------------------------------------------

5. Performance Plans
    Section 136.13(a) currently requires commercial air tour operators 
to complete helicopter performance plans before each operation that 
will occur under part 136.\13\ The FAA proposed amending Sec.  
136.13(a) by changing the term ``helicopter'' to ``rotorcraft'' for the 
reasons already cited. The FAA also proposed amending the text in Sec.  
136.13(a) to require operators to base performance plans on information

[[Page 48078]]

derived from the ``approved aircraft flight manual for that aircraft'' 
for the reasons cited in Sec.  136.9(b)(2). The FAA did not receive 
comments on these proposed changes and therefore adopts them as final.
---------------------------------------------------------------------------

    \13\ This requirement also applies to operations that occur 
under Sec. Sec.  91.146 (``Passenger-carrying flights for the 
benefit of a charitable, non-profit, or community event'') and 
91.147 (``Passenger carrying flights for compensation or hire'').
---------------------------------------------------------------------------

6. Commercial Air Tours in Hawaii
    Appendix A to part 136 applies to airplane and helicopter tours in 
Hawaii. The appendix A requirements are equally important for air tour 
operations in aircraft other than helicopters.
    Section 1 of appendix A outlines the applicability for air tour 
operations conducted in Hawaii. Based on the uses of terms ``airplane'' 
and ``helicopter,'' the appendix does not apply to other types of 
aircraft, such as powered-lift and rotorcraft that are not helicopters. 
The FAA proposed amending the applicability of appendix A to 
incorporate powered-lift and rotorcraft to apply the minimum flight 
altitude limitations to other categories of aircraft seeking to conduct 
air tours in Hawaii.
    The FAA also proposed amending the references to ``Rotorcraft 
Flight Manual (RFM)'' currently throughout part 136 to ``aircraft 
flight manual''. As with the amendment to Sec.  136.13, described above 
in section III.C.4 of this preamble, using this term is consistent with 
the reference to Aircraft Flight Manual in Sec.  135.81. The FAA did 
not receive comments on these proposed changes, and therefore adopts 
them as final.
    Finally, the FAA proposed amending part 136 by recodifying appendix 
A as a new subpart and applying the requirements to operations of 
powered-lift and rotorcraft. Jack Harter Helicopters objected to the 
continuation of the appendix A requirements and recodifying them into 
subpart D, stating this was originally SFAR 71 before it was brought 
into appendix A for part 136 and that the FAA previously stated it 
would reconsider whether appendix A should be removed at some point in 
the future. This commenter also stated that they wanted various changes 
to part 136 and objected that the FAA had failed to notify industry and 
the public that the FAA was ``opening'' part 136 for changes. This 
commenter also wanted an extension of the comment period. In response, 
the FAA notes that it is only making a limited change by applying part 
136 rules to rotorcraft and incorporating powered-lift. The FAA is not 
opening part 136 for extensive changes at this time. The FAA is also 
making limited changes to part 136 which includes amending the 
definition of ``suitable landing area'', adding ``beyond the 
shoreline'' to Sec.  136.11(a)(2), and recodifying appendix A to 
subpart D--which is a technical amendment. These limited changes help 
clarify part 136 and align part 136 with other changes made throughout 
this rule. The FAA disagrees that the remainder of part 136 should be 
modified at this time. As a result, the FAA is adopting the proposed 
changes as final with no further amendment.
7. Flights for the Benefit of Charitable, Nonprofit, or Community 
Events
    Operators that conduct passenger-carrying flights for certain 
charitable, nonprofit, and community events must comply with Sec.  
91.146. The FAA proposed replacing ``helicopter'' with the term 
``rotorcraft'' and adding ``powered-lift'' to the relevant 
applicability provisions of Sec.  91.146 for the benefit of a 
charitable, nonprofit, or community event. The FAA did not receive 
comments on these proposed changes. As such, the FAA adopts them as 
final.

V. 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 the 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, and Tribal governments, in 
the aggregate, or by the private sector, of $100 million or more 
(adjusted annually for inflation) in any one year. The current 
threshold after adjustment for inflation is $177 million using the most 
current (2022) Implicit Price Deflator for the Gross Domestic Product. 
This portion of the preamble summarizes the FAA's analysis of the 
economic impacts of this rule.
    In conducting these analyses, the FAA has determined that this 
rule: will result in benefits that justify costs; is not an 
economically ``significant regulatory action'' as defined in section 
3(f) of Executive Order 12866; is not ``significant'' as defined in 
DOT's Regulatory Policies and Procedures; will not have a significant 
economic impact on a substantial number of small entities; will not 
create unnecessary obstacles to the foreign commerce of the United 
States; and 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 rule enables 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 rule amends 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 rule also amends 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 rule also amends certain aircraft-specific exceptions from the 
applicability of part 119. Furthermore, this rule alters the 
requirements for management personnel in certain certificate holder 
management positions to ensure personnel have appropriate experience. 
This rule extends the applicability of certain operating rules that 
apply to commercial air tours such that they apply to operators that 
conduct flights in powered-lift and rotorcraft. Finally, this rule 
makes various additional amendments in the interest of ensuring 
clarity. By including powered-lift in the existing operational 
framework, the rule does 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 part 121, 125, or 135 will be identical 
for certificate holders using powered-lift in their operations under 
this rule. These parameters are shown below.

[[Page 48079]]



                                        Table 1--Operating Rules by Part
----------------------------------------------------------------------------------------------------------------
                                                 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...............  Part 135 Commuter   Part 135 On Demand  Part 135 On Demand  Part 135 On
                                   if 5 or more                                                Demand.
                                   roundtrips/week;
                                   otherwise, Part
                                   135 On Demand.
----------------------------------------------------------------------------------------------------------------
Aircraft Type...................  Non-Turbojet......  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 amendments adopted by this rule. The 
first column identifies the affected 14 CFR part and section; the 
second column describes the change from existing regulations; the third 
column provides the economic impact as a result of the change.

                   Table 2--Amendments to Rule by Part
------------------------------------------------------------------------
   14 CFR part and section              Change           Economic impact
------------------------------------------------------------------------
               PART 91--GENERAL OPERATING AND FLIGHT RULES
                         Subpart B--Flight Rules
------------------------------------------------------------------------
Sec.   91.146 Passenger-      The regulatory text is     Enabling.
 carrying flights for the      revised to allow
 benefit of a charitable,      passenger-carrying
 nonprofit, or community       flights for the benefit
 event.                        of a charitable,
                               nonprofit, or community
                               event to be conducted
                               with powered-lift. The
                               section is also amended
                               to replace the term
                               ``helicopters'' with
                               ``rotorcraft.''
Sec.   91.147 Passenger-      The regulatory text is     Enabling.
 carrying flights for          revised to allow
 compensation or hire.         passenger-carrying
                               flights for compensation
                               or hire to be conducted
                               with powered-lift. The
                               section is also 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 regulatory text        Relieving.
 specifications.               replaces 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 person
                               conducting the
                               operation.
------------------------------------------------------------------------
                     PART 110--GENERAL REQUIREMENTS
------------------------------------------------------------------------
Sec.   110.2 Definitions....  Certain definitions in     Enabling.
                               this section are revised
                               to enable powered lift
                               to conduct the kinds of
                               air carrier operations.
------------------------------------------------------------------------
     PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS
                           Subpart A--General
------------------------------------------------------------------------
Sec.   119.1 Applicability..  Section 119.1(a) is        Enabling.
                               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.

[[Page 48080]]

 
                              Section 119.1(e) includes  Technical
                               powered-lift and           amendment.
                               rotorcraft in the list
                               of certain, specific
                               types of operations that
                               are excluded from the
                               applicability of part
                               119. Section 119.1(a) is
                               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 is revised   Enabling.
 authorizations, and           to incorporate powered-
 prohibitions.                 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) is       Imposes
 operators engaged in          revised to require         requirements
 intrastate common carriage    commercial operators of    on certain
 and direct air carriers.      powered-lift that are      operators of
                               engaged in intrastate      powered-lift
                               common carriage of         that are
                               persons or property for    equivalent to
                               compensation or hire, or   the
                               as a direct air carrier,   requirements
                               to comply with either      currently
                               part 121 or part 135       imposed on
                               depending on the kind of   operators
                               operation they conduct.    conducting
                               Domestic, flag, and        similar
                               supplemental operations    operations
                               are to be conducted        with airplanes
                               under part 121. Commuter   or rotorcraft.
                               and on-demand operations  No additional
                               are to be conducted        regulatory
                               under part 135.            cost.
Sec.   119.23 Operators       Section 119.23(a) is       Imposes
 engaged in passenger-         revised to require         requirements
 carrying operations, cargo    commercial operators of    on certain
 operations, or both with      powered-lift when common   operators of
 airplanes when common         carriage is not involved   powered-lift
 carriage is not involved.     to comply in accordance    that are
                               with requirements in       equivalent to
                               either part 125 or part    the
                               135. Aircraft size in      requirements
                               terms of number of seats   currently
                               and payload capacity       imposed on
                               determines which part is   operators
                               applicable to the          conducting
                               operator.                  similar
                                                          operations
                                                          with
                                                          airplanes.
                                                         No additional
                                                          regulatory
                                                          cost.
Sec.   119.49 Contents of     The regulatory text        Relieving.
 operations specifications.    replaces 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 person
                               conducting the
                               operation.
Sec.   119.65 Management      The rule requires          Potential cost
 personnel required for        certificate holders have   only if a
 operations conducted under    a Chief Pilot, as          certificate
 part 121 of this chapter.     qualified under Sec.       holder uses
                               119.67, for each           powered-lift
                               category of aircraft the   and airplanes
                               certificate holder uses.   to conduct
                              The rule continues to       operations and
                               permit the Administrator   the Chief
                               to approve positions or    Pilot is not
                               numbers of positions       dual
                               other than those           qualified.
                               described in the
                               regulation, based in
                               part on the number and
                               type of aircraft used.
Sec.   119.67 Management      Director of Operations:    Imposes
 personnel: Qualifications    The regulatory text for     requirements
 for operations conducted      the part 121 certificate   on operators
 under part 121 of this        holder Director of         of powered-
 chapter.                      Operations management      lift that are
                               position is restructured   equivalent to
                               for clarity. It also       the
                               replaces the term          requirements
                               ``airplane'' with          currently
                               ``aircraft.''              imposed on
                              Chief Pilot: The            certificate
                               regulatory text is         holders that
                               restructured for clarity   use airplanes.
                               and replaces               No additional
                               ``airplanes'' with         regulatory
                               ``aircraft,'' which        cost.
                               encompasses 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 regulatory text
                               replaces ``airplanes''
                               with ``aircraft,'' which
                               encompasses airplanes
                               and powered-lift.
                              Chief Inspector: The
                               regulatory text is
                               restructured for clarity
                               and replaces
                               ``airplanes'' with
                               ``aircraft,'' which
                               encompasses airplanes
                               and powered-lift.
------------------------------------------------------------------------
   PART 121--OPERATING REQUIREMENTS; DOMESTIC, FLAG, AND SUPPLEMENTAL
                               OPERATIONS
                           Subpart A--General
------------------------------------------------------------------------
Sec.   121.1 Applicability..  The regulatory text        Imposes
                               replaces ``airplanes''     requirements
                               with ``aircraft'' that     on operators
                               certificate holders        of powered-
                               would take actions to      lift that are
                               support continued          equivalent to
                               airworthiness of each      the
                               aircraft, which includes   requirements
                               powered-lift used in       currently
                               domestic, flag, or         imposed on
                               supplemental operations    certificate
                               as defined in Sec.         holders that
                               110.2.                     use airplanes.
                                                          No additional
                                                          regulatory
                                                          cost.

[[Page 48081]]

 
Sec.   121.1(c)               The regulatory text makes  No impact--
 Applicability.                a technical correction     technical
                               to Sec.   121.1(c) by      amendment.
                               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 regulatory text of     Provides
                               paragraph (a) replaces     options to
                               ``airplanes'' with         certificate
                               ``aircraft'' to permit     holders using
                               certificate holders        powered-lift
                               using powered-lift in      in operations
                               domestic, all-cargo        under part 121
                               operations of a certain    that are
                               size, to adhere to the     equivalent to
                               requirements of Sec.       the options
                               Sec.   135.261 through     currently
                               135.272. These             allowed. No
                               requirements set forth     additional
                               flight time limitations    regulatory
                               and rest requirements.     cost.
                               In addition, paragraph
                               (b) permits 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 regulatory text        Provides
                               replaces ``airplanes''     options to
                               with ``aircraft'' to       certificate
                               permit certificate         holders using
                               holders using powered-     powered-lift
                               lift in flag, all-cargo    in operations
                               operations, and            under part 121
                               operations of a certain    that are
                               size to adhere to the      equivalent to
                               requirements of Sec.       the options
                               Sec.   135.261 through     currently
                               135.273. These             allowed. No
                               requirements set forth     additional
                               flight time limitations    regulatory
                               and rest requirements.     cost.
------------------------------------------------------------------------
   PART 121--OPERATING REQUIREMENTS; DOMESTIC, FLAG, AND SUPPLEMENTAL
                               OPERATIONS
 Subpart S--Flight Time Limitations and Rest Requirements: Supplemental
                               Operations
------------------------------------------------------------------------
Sec.   121.500 Applicability  The regulatory text        Provides
                               replaces ``airplanes''     options to
                               with ``aircraft'' to       certificate
                               permit certificate         holders using
                               holders using powered-     powered-lift
                               lift in supplemental,      in operations
                               all-cargo operations, of   under part 121
                               a certain size, to         that are
                               adhere to the              equivalent to
                               requirements of Sec.       the options
                               Sec.   135.261 through     currently
                               135.273. These             allowed. No
                               requirements set forth     additional
                               flight time limitations    regulatory
                               and rest requirements.     cost.
------------------------------------------------------------------------
    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 only to   Imposes
                               operations when common     requirements
                               carriage is not involved   on operators
                               conducted with airplanes   conducting
                               that have a seating        operations
                               configuration of 20 or     with powered-
                               more passengers or a       lift that are
                               maximum payload capacity   equivalent to
                               of 6,000 pounds or more.   the
                               The rule amends Sec.       requirements
                               125.1 to incorporate       currently
                               powered lift into the      imposed on
                               statements regarding       operators
                               applicability of part      conducting
                               125.                       operations
                                                          with
                                                          airplanes. No
                                                          additional
                                                          regulatory
                                                          cost.
Sec.   125.23 Rules           This rule also amends      Imposes
 applicable to operations      Sec.   125.23 to change    requirements
 subject to this part.         the word ``airplane'' to   on operators
                               ``aircraft,'' as Sec.      conducting
                               125.23 generally           operations
                               addresses applicability    with powered-
                               of certain rules and       lift and
                               standards concerning       rotorcraft
                               operations.                that are
                                                          equivalent to
                                                          the
                                                          requirements
                                                          currently
                                                          imposed on
                                                          operators
                                                          conducting
                                                          operations
                                                          with
                                                          airplanes. No
                                                          additional
                                                          regulatory
                                                          cost.
------------------------------------------------------------------------
  PART 136--COMMERCIAL AIR TOURS AND NATIONAL PARKS AIR TOUR MANAGEMENT
              Subpart A--National Air Tour Safety Standards
------------------------------------------------------------------------
Sec.   136.1 Applicability    This change incorporates   Enabling.
 and definitions.              powered-lift into part
                               136 and changes
                               ``helicopter'' to
                               ``rotorcraft'' in
                               several definitions.
                               This change also
                               provides relief to the
                               definition of suitable
                               landing area for
                               rotorcraft..
Sec.   136.3 Letters of       The change is a technical  No impact--
 Authorization.                amendment that changes     technical
                               the phrase ``14 CFR        amendment.
                               119.51'' to ``Sec.
                               119.51 of this chapter''
Sec.   136.5 Additional       The amendment is updated   No impact--
 requirements for Hawaii.      to reflect the             technical
                               recodification of          amendment.
                               appendix A as subpart D.
Sec.   136.9 Life preservers  The change is a technical  No impact--
 for operations over water.    amendment to Sec.          technical
                               136.9 from ``airplane      amendment.
                               flight manual or
                               rotorcraft flight
                               manual'' to ``aircraft
                               flight manual''.

[[Page 48082]]

 
Sec.   136.11 Rotorcraft      The section title and      Enabling--no
 floats for over water.        this section are revised   impact over
                               to extend to all           and above
                               rotorcraft the             current
                               requirements for           requirements.
                               helicopter floats for
                               operations that occur
                               overwater beyond the
                               shoreline.
Sec.   136.13 Performance     The section title and      Enabling--no
 plan and operations.          this section are revised   impact over
                               to extend requirements     and above
                               for helicopter             current
                               performance plans to       requirements.
                               rotorcraft. The
                               performance plan must be
                               based on information in
                               the approved Aircraft
                               Flight Manual for that
                               aircraft.
Subpart D--Special Operating  This amendment recodifies  Enabling--no
 Rules for Air Tour            ``appendix A'' as          impact over
 Operators in the State of     ``subpart D'' and          and above
 Hawaii.                       extends the                current
                               applicability of           requirements.
                               operating rules for Air
                               Tour Operators in the
                               State of Hawaii to
                               include operations
                               conducted with powered-
                               lift and rotorcraft.
------------------------------------------------------------------------

1. Benefits
    This rule enables air carrier and other commercial operations of 
powered-lift by extending applicability of the appropriate set of 
operating rules that would serve as both a risk mitigation measure and 
a framework for FAA oversight, as necessary to ensure the requisite 
level of safety.
    Powered-lift operations 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, while 
maintaining the capability of taking off and landing vertically. The 
faster cruise speeds could 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.\14\ In addition, powered-lift operations could 
increase the efficiency of crew transport to oil rigs as they move 
further from land, or other 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.\15\
---------------------------------------------------------------------------

    \14\ Military, GLOBALSECURITY.ORG (last visited August 22, 
2022), available at https://www.globalsecurity.org/military/world/europe/aw609.htm.
    \15\ 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-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 amends provisions in Sec. Sec.  119.49(a)(12), (b)(12), and 
(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 rule requires 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 Chief Pilot Management Position
    This 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 is required to have a Chief 
Pilot for each category of aircraft used by the certificate holder to 
conduct operations. Currently, the Chief Pilot is required to have an 
ATP certificate, with appropriate ratings, for at least one of the 
airplanes used in the certificate holder's operations. While one person 
could meet the requirements of the Chief Pilot, this person would have 
to be dual qualified in airplanes and powered-lift. Consequently, a 
certificate holder conducting operations with airplanes and powered-
lift may have an increase in costs if more than one Chief Pilot is 
hired to meet the qualification requirements.
    Should a certificate holder operating under part 121 choose to 
conduct operations with airplanes and powered-lift, the incremental 
cost to meet the Chief Pilot qualification requirements would be 
minimal because the individual(s) acting in this position could also 
serve as a line pilot. The FAA determines that certificate holders 
operating under part 121 that choose to conduct operations with 
powered-lift would do so only if the benefits of conducting the 
operations exceeded its costs.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980, (5 U.S.C. 601-612), 
as amended by the Small Business Regulatory Enforcement Fairness Act of 
1996 (Pub. L. 104-121) and the Small Business Jobs Act of 2010 (Pub. L. 
111-240), requires Federal agencies to consider the effects of the 
regulatory action on small business and other small entities and to 
minimize any significant economic impact. The term ``small entities'' 
comprises small businesses and not-for-profit organizations that are 
independently owned and operated and are not dominant in their fields, 
and governmental jurisdictions with populations of less than 50,000.
    The FAA published an Initial Regulatory Flexibility Analysis (IRFA) 
in the proposed rule and determined that the proposal would not result 
in a significant economic impact on a substantial number of small 
entities. The FAA requested public comment regarding this 
determination. The FAA did not receive comments from the public 
regarding this determination, nor were comments to the proposed rule 
filed by Chief Counsel for Advocacy of the Small Business 
Administration (SBA).
    The final rule may impact small entities but will have a minimal 
economic impact as the final rule is enabling while imposing minimal 
costs.

[[Page 48083]]

First and foremost, the final 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 operations not 
involving common carriage. Absent this final 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 final 
rule.
    Secondly, the final rule removes 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), 
and (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 final rule enables part 121 certificate holders to conduct 
operations using powered-lift. As a result, the final rule revises 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. The regulations will require the certificate holder to have 
a Chief Pilot qualified for each category of aircraft that the 
certificate holder uses.
    As stated in the proposed rule, 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 imposes 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.
    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 
Regulatory Flexibility Act. 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.

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 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 rule does not present any 
obstacle to foreign commerce of the United States. In addition, the 
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 this final rule will not result in 
the expenditure of $177 million or more by State, local, or Tribal 
governments, in the aggregate, or the private sector, in any one year.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. According to the 1995 
amendments to the Paperwork Reduction Act (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.
    The Office of Management and Budget previously approved the FAA's 
collection of information affiliated with this rule.\16\ None of the 
information collection instruments will change due to this rule, 
however, the number of respondents to whom the information collection 
requirements apply may increase. The FAA will continue to collect the 
necessary information in the same manner as described in its prior 
notices concerning the information collections.
---------------------------------------------------------------------------

    \16\ 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 rule. 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.\17\ While this rule allows 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 adoption of the rule. Therefore, the FAA has not 
estimated any burden increase for existing information collection 2120-
0008 (Part 121 Operating Requirements: Domestic, Flag, and Supplemental 
Operations). Further, the FAA does not believe that any such 
certificate holders would conduct operations under part 125 in the 
first three years following adoption of this rule. Therefore, the FAA 
has not estimated any burden increase for existing information 
collection 2120-0085 (Certification and Operations: Airplanes Having a 
Seating Capacity of 20 or More Passengers or a Maximum Payload Capacity 
of 6,000 Pounds or More).
---------------------------------------------------------------------------

    \17\ 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 
adoption of this 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).
---------------------------------------------------------------------------

1. Revision of Existing Information Collection 2120-0593: Federal 
Aviation Regulation part 119--Certification: Air Carriers and 
Commercial Operators \18\
---------------------------------------------------------------------------

    \18\ Ibid.
---------------------------------------------------------------------------

    Summary: This rule would extend the requirements of part 119 to 
certificate holders that conduct operations with powered-lift.

[[Page 48084]]

    Public Comment: There were no comments submitted to the notice of 
proposed rulemaking concerning this information collection.
    Use: 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 year following adoption of this rule.\19\ Note that not 
all information collection requirements are expected to increase as a 
result of the revision to this information collection.
---------------------------------------------------------------------------

    \19\ 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
                                                                 Number of     Number of     Total      response--      response--      Total     Total
          Section                     Section title             respondents    responses   responses     technical     admin. asst.    burden    burden
                                                                                                       ($32.21/hr.)    ($24.51/hr.)    (hours)   (cost)
--------------------------------------------------------------------------------------------------------------------------------------------------------
119.33c....................  Proving Test Plan..............               4           1           4             2.0             1.0        12      $356
119.35.....................  Certificate Application Reqts--               4           1           4            80.0            16.0       384    11,876
                              all Operators.
119.36.....................  Certificate Application Reqts                 4           1           4             2.0             4.0        24       650
                              for Commercial Operators.
119.41c....................  Amending a Certificate.........               1           1           1             0.5             0.1       0.6        19
119.69e3...................  Management Personnel Required,                4           1           4             1.0             0.5         6       178
                              Part 135.
119.71f....................  Management Personnel                          4           1           4             1.0             0.5         6       178
                              Qualifications, Part 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 \20\
---------------------------------------------------------------------------

    \20\ 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 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.
---------------------------------------------------------------------------

    Summary: 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 the Pilot Records Improvement Act (PRIA).
    Public Comment: There were no comments submitted to the notice of 
proposed rulemaking concerning this information collection.
    Use: 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 adoption of this rule. 
Note that not all information collection requirements are expected to 
increase as a result of the revision to this information collection.

[[Page 48085]]



      Table 4--Three-Year Burden Estimate for Information Collection 2120-0607 \21\ Pilot Records Database
----------------------------------------------------------------------------------------------------------------
 
----------------------------------------------------------------------------------------------------------------
                                                                            Year 1    Year 2    Year 3     Total
----------------------------------------------------------------------------------------------------------------
New Pilots..............................................................         0        44        85       129
Cumulative Pilots.......................................................         0        44       129  ........
----------------------------------------------------------------------------------------------------------------
Pilot activity--by event                              Events         Hrs    Year 1    Year 2    Year 3     Total
                                                    per year   per event     (hrs)     (hrs)     (hrs)     (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    Year 1    Year 2    Year 3     Total
                                                                  per hr
----------------------------------------------------------------------------------------------------------------
Database Registration--New Pilots...........................      $46.28        $0      $671    $1,301    $1,972
Input Employment History--New Pilots........................       46.28         0        60       120       181
                                                 ---------------------------------------------------------------
    Total Cost..............................................  ..........         0       731     1,421     2,152
----------------------------------------------------------------------------------------------------------------
Operator Activity--by Event                           Events         Hrs    Year 1    Year 2    Year 3     Total
                                                    per year   per event     (hrs)     (hrs)     (hrs)     (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    Year 1    Year 2    Year 3     Total
                                                                  per hr
----------------------------------------------------------------------------------------------------------------
Training/checking events--Cumul. Pilots.....................      $91.33        $0      $758    $2,228    $2,986
Ground training events--Cumul. Pilots.......................       91.33         0       283       822     1,105
Verification of NDR* Search--New Pilots.....................       91.33         0        18        37        55
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 \22\
---------------------------------------------------------------------------

    \21\ 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.)
    \22\ 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 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.
---------------------------------------------------------------------------

    Summary: Part 119 certificate holders with the authority to operate 
under parts 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.
    Public Comment: There were no comments submitted to the notice of 
proposed rulemaking concerning this information collection.
    Use: 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 adoption of 
this rule. Below are the reporting requirements for this information 
collection. Note that not all information collection requirements are 
expected to increase as a result of the revision to this information 
collection.

[[Page 48086]]



Table 5--Three-Year Burden Estimate for Information Collection 2120-0535 Anti-Drug Program for Personnel Engaged
                                        in Specified Aviation Activities
----------------------------------------------------------------------------------------------------------------
                                                           Time per    Total 3-Yr   Fully-burdened
             PRA task item                 Responses       response      burden       hourly wage     Total 3-Yr
                                         (three years)     (hours)      (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 Training.                6         0.25          1.6             25.33           41
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
Scientifically Valid Random Testing                  83         1.00         82.8             25.33        2,097
 Process..............................
Medical Review Officer Recordkeeping                  4         0.25          1.0             25.33           25
 Provision............................
                                       -------------------------------------------------------------------------
      Total Incremental Change for OMB              234  ...........        229.9  ................        5,823
       2120-0535......................
----------------------------------------------------------------------------------------------------------------
Note: Row and column totals may not sum due to rounding.

F. International Compatibility

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

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act (NEPA) 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.

VI. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. The FAA has determined 
that this action will not have a substantial direct effect on the 
States, or the relationship between the Federal Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, and, therefore, will not have federalism 
implications.

B. Executive Order 13175, Consultation and Coordination with Indian 
Tribal Governments

    Consistent with Executive Order 13175, Consultation and 
Coordination with Indian Tribal Governments,\23\ and FAA Order 1210.20, 
American Indian and Alaska Native Tribal Consultation Policy and 
Procedures,\24\ the FAA ensures that Federally Recognized Tribes 
(Tribes) are given the opportunity to provide meaningful and timely 
input regarding proposed Federal actions that have the potential to 
have substantial direct effects on one or more Indian Tribes, on the 
relationship between the Federal Government and Indian Tribes, or on 
the distribution of power and responsibilities between the Federal 
Government and Indian Tribes; or to affect uniquely or significantly 
their respective Tribes. At this point, the FAA has not identified any 
unique or significant effects, environmental or otherwise, on Tribes 
resulting from this final rule.
---------------------------------------------------------------------------

    \23\ 65 FR 67249 (Nov. 6, 2000).
    \24\ FAA Order No. 1210.20 (Jan. 28, 2004), available at https://www.faa.gov/documentLibrary/media/1210.pdf.
---------------------------------------------------------------------------

C. Executive Order 13211, Regulations That Significantly Affect Energy 
Supply, Distribution, or Use

    The FAA analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use. The FAA has determined that it is not a 
``significant energy action'' under the executive order and is not 
likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

D. 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 will have no 
effect on international regulatory cooperation.

VII. Additional Information

A. Electronic Access and Filing

    A copy of the NPRM, all comments received, this 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 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 amendment number(s) of this 
rulemaking.
    All documents the FAA considered in developing this final rule, 
including economic analyses and technical reports, may be accessed in 
the electronic docket for this rulemaking.

B. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires the FAA to comply with small entity requests for 
information or

[[Page 48087]]

advice about compliance with statutes and regulations within its 
jurisdiction. A small entity with questions regarding this document may 
contact its local FAA official, or the person listed under the FOR 
FURTHER INFORMATION CONTACT heading at the beginning of the preamble. 
To find out more about SBREFA on the internet, visit https://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

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.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 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 Civil Aviation (61 Stat. 1180), (126 Stat. 11).


0
2. Amend Sec.  91.146 by revising paragraphs (b) introductory text and 
(b)(2), (3), (5), and (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 of this chapter 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'' and by revising 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 
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.

[[Page 48088]]

    (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:  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; sec. 215, Pub. L. 
111-216, 124 Stat. 2348.


0
8. Amend Sec.  119.1 by:
0
a. Revising paragraph (a)(2);
0
b. Adding paragraph (a)(3); and
0
c. Revising paragraphs (e) introductory text, (e)(2), (e)(4)(v), 
(e)(5), (e)(7) introductory text, and (e)(7)(i), (iii), and (vii).
    The revisions and addition read as follows:


Sec.  119.1  Applicability.

    (a) * * *
    (2) When common carriage is not involved, in operations 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; 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

[[Page 48089]]

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, of the chapter and this part, as applicable, apply.
* * * * *
    (4) * * *
    (v) Powered-lift or rotorcraft operations in construction or repair 
work (but part 119 of this chapter 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 paragraph (a) introductory text 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 (b) introductory text 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 that exercised operational control over 
any operations conducted under part 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 part 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 of this chapter and over which the Chief 
Pilot exercises responsibility; and

[[Page 48090]]

    (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) of this chapter. 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 part 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 (e) may be 
issued 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); Pub. L. 115-254, 132 Stat. 3186 (49 U.S.C. 44701 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--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 to read as set forth above.

0
23. Amend Sec.  125.1 by revising paragraphs (a), (b) introductory 
text, (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--
* * * * *
    (4) They are being operated under part 91 of this chapter by an 
operator certificated to operate those aircraft under the rules of part 
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. Amend Sec.  125.23 by revising the introductory text to read as 
follows:

[[Page 48091]]

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 paragraphs (a), (b) introductory text, and (c); and
0
b. In paragraph (d):
0
i. In the definition of ``Commercial Air Tour'':
0
A. By removing ``Commercial Air Tour'' and adding ``Commercial air 
tour'' in its place;
0
B. By revising the introductory text; and
0
C. By redesignating paragraphs (1) through (8) as paragraphs (i) 
through (viii);
0
ii. By removing the definition of ``Suitable landing area for 
helicopters''; and
0
iii. By adding a definition for ``Suitable landing area for 
rotorcraft'' in alphabetical order.
    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. These suitable landing areas 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. Amend Sec.  136.9 by revising the section heading and paragraphs 
(b)(1) through (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.  91.146 or Sec.  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 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.

[[Page 48092]]

Appendix A to Part 136--[Removed]

0
32. Remove appendix A to part 136.


0
33. Add 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.  91.107, Sec.  
121.571, or Sec.  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 (g), 40101(d)(1), 40105(b)(1)(A), and 44701(a)(5).

Polly Trottenberg,
Acting Administrator.
[FR Doc. 2023-15619 Filed 7-24-23; 11:15 am]
BILLING CODE 4910-13-P

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