[Federal Register: September 14, 2007 (Volume 72, Number 178)]
[Rules and Regulations]
[Page 52467-52470]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14se07-1]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
Prices of new books are listed in the first FEDERAL REGISTER issue of each
week.
========================================================================
[[Page 52467]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 45
[Docket No. FAA-2007-27173; Amendment No. 45-25]
RIN 2120-AJ02
Nationality and Registration Marks, Non Fixed-Wing Aircraft
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Direct final rule; request for comments.
-----------------------------------------------------------------------
SUMMARY: This direct final rule will permit operators of U.S.
registered powered parachutes and weight-shift-control aircraft to
display their nationality and registration marks in other than a
horizontal orientation on the fuselage, a structural member, or a
component of the aircraft. It will also clarify the size requirements
for these marks. This action will provide a solution to the challenges
faced by many operators in complying with current regulations that
require these marks to be displayed horizontally on a fuselage
structural member. This rule will eliminate the need for affected
operators to petition for an exemption from current nationality and
registration marks requirements.
DATES: Effective November 13, 2007. Comments for inclusion in the Rules
Docket must be received on or before October 15, 2007.
ADDRESSES: You may send comments identified by Docket Number FAA-2007-
27173 using any of the following methods:
DOT Docket Web site: Go to http://dms.dot.gov and follow
the instructions for sending your comments electronically.
Government-wide rulemaking Web site: Go to http://www.regulations.gov
and follow the instructions for sending your
comments electronically.
Mail: Send comments to the Docket Management Facility;
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West
Building Ground Floor, Room W12-140, Washington, DC 20590.
Fax: Fax comments to the Docket Management Facility at
202-493-2251.
Hand Delivery: Bring comments to the Docket Management
Facility in Room W12-140, West Building Ground Floor at 1200 New Jersey
Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
For more information on the rulemaking process, see the SUPPLEMENTARY
INFORMATION section of this document.
Docket: To read background documents or comments received, go to
http://dms.dot.gov at any time or to Room W12-140, West Building Ground
Floor, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Grant Schneemann, AIR-230,
Airworthiness Branch, Production and Airworthiness Division, Aircraft
Certification Service, Federal Aviation Administration, 800
Independence Avenue, SW., Washington, DC 20591; telephone (202) 267-
8473; facsimile (202) 267-5580; e-mail grant.schneemann@faa.gov.
SUPPLEMENTARY INFORMATION: Currently, Sec. 45.27(e) of Title 14 of the
Code of Federal Regulations (14 CFR) requires operators of U.S.
registered powered parachutes and weight-shift-control aircraft to
display nationality and registration markings horizontally and in two
diametrically opposite positions on any fuselage structural member.
However, fuselage structural members for these aircraft are, quite
often, nothing more than diagonally-mounted narrow bars. These bars,
due to their size and orientation, are generally unsuitable for
displaying nationality and registration marks as required by current
regulations. Consequently, the Experimental Aircraft Association (EAA)
petitioned the FAA for an exemption from Sec. 45.27(e) of the
regulations to allow horizontal or vertical display of the required
markings. The EAA also separately petitioned the FAA for rulemaking to
revise Sec. 45.27(e) to the same effect.
In consideration of the varying and evolving structural designs of
powered parachute and weight-shift-control aircraft, the FAA is issuing
this direct final rule to accommodate these aircraft designs and enable
them to meet the intent of the marking requirements. This amendment
will relieve operators of U.S. registered powered parachute and weight-
shift-control aircraft from the current requirement to display
nationality and registration marks in only a horizontal orientation. It
will also relax the requirement that marks be displayed on a fuselage
structural member, while clarifying the minimum requirement for 3 inch
high markings. This amendment will permit the display of marks on the
fuselage, on a structural member of the aircraft, or on a component of
the aircraft. The marks must be visible by a person standing 90 degrees
off the nose of the aircraft. Because operators will have greater
latitude in displaying nationality and registration marks, we believe
this rule will allow them to achieve compliance more easily.
Part 45 also contains requirements regarding the size of
nationality and registration markings. Section 45.29(f) states that if
any approved surface ``is not large enough for full-size marks, marks
as large as practicable'' must be used. This rule will clarify the size
requirements for nationality and registration marks by amending Sec.
45.29(f) to state the marks for powered parachutes and weight-shift-
control aircraft must be no less than 3 inches high. This amendment to
Sec. 45.29(f) is consistent with the size requirements of Sec.
45.29(b)(2), which specifies that powered parachutes and weight-shift-
control aircraft must have marks at least 3 inches high.
Authority for This Rulemaking
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the United States Code. Subtitle I, Section 106
describes the authority of the FAA Administrator. Subtitle VII,
Aviation Programs, describes in more detail the scope of the agency's
authority.
This rulemaking is promulgated under the authority described in
Subtitle VII, Part A, Subpart III, Safety, Section 44104. Under that
section, the FAA is charged with prescribing
[[Page 52468]]
regulations in the interest of safety for registering and identifying
an aircraft, engine, propeller, or appliance. This regulation is within
the scope of that authority because it eliminates a potentially
burdensome marking requirement on many operators, while still requiring
proper marking and identification of the affected aircraft.
The Direct Final Rule Procedure
The FAA anticipates that this regulation will not result in any
adverse or negative comments and therefore is issuing a direct final
rule. We believe we will not receive adverse or negative comments
because this action will--
Eliminate the need for operators to petition the FAA for
an exemption from the nationality and registration marks requirements
in Sec. Sec. 45.27 and 45.29.
Provide relief from a requirement which, due to varying
aircraft designs, presents challenges for compliance.
Not place any new requirements or additional burdens on
affected operators, nor will it require any changes to existing
aircraft.
The regulation will become effective on the date specified above
unless a written adverse or negative comment or a written notice of
intent to submit an adverse or negative comment is received within the
comment period. After the close of the comment period, the FAA will
publish a document in the Federal Register indicating that no adverse
or negative comments were received and confirming the date on which the
direct final rule will become effective. If the FAA does receive,
within the comment period, an adverse or negative comment which is
within the scope of this rule, or written notice of intent to submit
such a comment, a document withdrawing the direct final rule will be
published in the Federal Register, and a notice of proposed rulemaking
may be published with a new comment period.
Comments Invited
The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. We also
invite comments relating to the economic, environmental, energy, or
federalism impacts that might result from adopting this rule. The most
helpful comments reference a specific portion of the rule, explain the
reason for any recommended change, and include supporting data.
We will file in the docket all comments we receive, as well as a
report summarizing each substantive public contact with FAA personnel
concerning this proposed rulemaking. The docket is available for public
inspection before and after the comment closing date. If you wish to
review the docket in person, go to the address in the ADDRESSES section
of this preamble between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays. You may also review the docket using the
Internet at the web address in the ADDRESSES section.
Privacy Act: Using the search function of our docket Web site,
anyone can find and read the comments received into any of our dockets,
including the name of the individual sending the comment (or signing
the comment on behalf of an association, business, labor union, etc.).
You may review DOT's complete Privacy Act Statement in the Federal
Register published on April 11, 2000 (65 FR 19477-78) or you may visit
http://dms.dot.gov.
Availability of Rulemaking Documents
You may obtain an electronic copy using the Internet by:
(1) Searching the Department of Transportation's electronic Docket
Management System (DMS) web page (http://dms.dot.gov/search); (2) Visiting the FAA's Regulations and Policy web page at http://
http://www.faa.gov/regulations_policies/; or
(3) Accessing the Government Printing Office's web page at http://www.gpoaccess.gov/fr/index.html
.
You may also obtain a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the docket number, notice number, or amendment number
of this rulemaking.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. Therefore, any small entity that has a question regarding
this document may contact their local FAA official, or the person
listed under FOR FURTHER INFORMATION CONTACT. You can find out more
about SBREFA on the Internet at our site, http://www.faa.gov/regulations_policies/rulemaking/sbre_act/
.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), requires
the FAA to consider the impact of paperwork and other information
collection burdens imposed on the public. We have determined that there
are no new information collection requirements associated with these
amendments.
International Compatibility
In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to comply with
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
reviewed the corresponding ICAO Standards and Recommended Practices and
has identified no differences with these regulations.
Regulatory Evaluation, Regulatory Flexibility Determination,
International Trade Impact Assessment, and Unfunded Mandates Assessment
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, the Trade Act requires agencies to consider international
standards and, where appropriate, that they be the basis of U.S.
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4) requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
tribal governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this direct final rule.
Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this direct final rule. The
reasoning for this determination follows:
[[Page 52469]]
This direct final rule will not impose any cost on operators of
U.S. registered powered parachute and weight-shift-control aircraft. It
is relieving in nature, and is intended to eliminate the need for
affected operators to petition for an exemption from current
nationality and registration marks requirements. It will not require
any change to the location of existing nationality or registration
marks.
FAA has, therefore determined that this direct final rule is not a
``significant regulatory action'' as defined in section 3(f) of
Executive Order 12866, and is not ``significant'' as defined in DOT's
Regulatory Policies and Procedures.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide-range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
This direct final rule will not impose any cost on operators of
U.S. registered powered parachute and weight-shift-control aircraft. It
is relieving in nature, and eliminates the need for affected operators
to petition for an exemption from current nationality and registration
marks requirements. It will not require any change to the location of
existing nationality or registration marks.
Therefore, as the FAA Administrator, I certify that this rule will
not have a significant economic impact on a substantial number of small
entities.
International Trade Impact Assessment
The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Legitimate domestic objectives, such as safety, are
not considered unnecessary obstacles. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards. The FAA has assessed the
potential effect of this direct final rule and has determined that it
will have only a domestic impact and, therefore, no affect on
international trade.
Unfunded Mandates Assessment
Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(adjusted annually for inflation with the base year 1995) in any one
year by State, local, and tribal governments, in the aggregate, or by
the private sector; such a mandate is deemed to be a ``significant
regulatory action.'' The FAA currently uses an inflation-adjusted value
of $128.1 million in lieu of $100 million.
This direct final rule does not contain such a mandate.
Executive Order 13132, Federalism
The FAA has analyzed this direct final rule under the principles
and criteria of Executive Order 13132, Federalism. We determined that
this action will not have a substantial direct effect on the States, or
the relationship between the national Government and the States, or on
the distribution of power and responsibilities among the various levels
of government. Therefore, we determined that this direct final rule
does not have federalism implications.
Environmental Analysis
FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this proposed rulemaking action qualifies for the
categorical exclusion identified in paragraph 312 and involves no
extraordinary circumstances.
Regulations That Significantly Affect Energy Supply, Distribution, or
Use
The FAA has analyzed this direct final rule under Executive Order
13211, Actions Concerning Regulations that Significantly Affect Energy
Supply, Distribution, or Use (66 FR 28355, May 18, 2001). We have
determined that it is not a ``significant energy action'' under the
Executive Order because it is not a ``significant regulatory action''
under Executive Order 12866, and it is not likely to have a significant
adverse effect on the supply, distribution, or use of energy.
List of Subjects in 14 CFR Part 45
Aircraft, Exports, Signs and symbols.
Adoption of the Amendment
0
Accordingly, the Federal Aviation Administration amends part 45 of the
Federal Aviation Regulations (14 CFR part 45) as follows:
PART 45--IDENTIFICATION AND REGISTRATION MARKING
0
1. The authority citation for part 45 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40103, 44109, 40113-40114, 44101-
44105, 44107-44108, 44110-44111, 44504, 44701, 44708-44709, 44711-
44713, 44725, 45302-45303, 46104-46304, 46306, 47122.
0
2. Amend Sec. 45.27 to revise paragraph (e) to read as follows:
Sec. 45.27 Location of marks; nonfixed-wing aircraft.
* * * * *
(e) Powered parachutes and weight-shift-control aircraft. Each
operator of a powered parachute or a weight-shift-control aircraft must
display the marks required by Sec. Sec. 45.23 and 45.29(b)(2) of this
part. The marks must be displayed in two diametrically opposite
positions on the fuselage, a structural member, or a component of the
aircraft and must be visible from the side of the aircraft.
0
3. Amend Sec. 45.29 to revise paragraph (f) to read as follows:
Sec. 45.29 Size of marks.
* * * * *
(f) If either one of the surfaces authorized for displaying
required marks under Sec. 45.25 is large enough for display of marks
meeting the size requirements of this section and the other is not,
full size marks shall be placed on the larger surface. If neither
surface is large enough for full-size marks, marks as large as
practicable shall be displayed on the larger of the two surfaces. If no
surface authorized to be marked by Sec. 45.27 is large enough for
full-size marks, marks as large as
[[Page 52470]]
practicable shall be placed on the largest of the authorized surfaces.
However, powered parachutes and weight-shift-control aircraft must
display marks at least 3 inches high.
* * * * *
Issued in Washington, DC, on July 30, 2007.
Marion C. Blakey,
Administrator.
[FR Doc. E7-18197 Filed 9-13-07; 8:45 am]
BILLING CODE 4910-13-P