[Federal Register Volume 76, Number 1 (Monday, January 3, 2011)]
[Rules and Regulations]
[Pages 5-9]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-33082]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 1
[Docket No. FAA-2010-0812; Amendment No. 1-66]
RIN 2120-AJ81
Feathering Propeller Systems for Light-Sport Aircraft Powered
Gliders
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; request for comments.
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SUMMARY: This final rule with request for comments amends the
definition of light-sport aircraft by removing ``auto'' from the term
``autofeathering'' as it applies to powered gliders. This amendment
will allow both manual and autofeathering propeller operation for
powered gliders that qualify as light-sport aircraft.
DATES: This rule becomes effective on March 4, 2011. Submit comments on
or before February 2, 2011.
ADDRESSES: You may send comments identified by Docket Number FAA-2010-
0812 using any of the following methods:
Federal eRulemaking Portal: 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 20590-0001.
Fax: Fax comments to the Docket Management Facility at
202-493-2251.
Hand Delivery: Deliver to Mail address above 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.
Privacy: We will post all comments we receive, without change, to
http://www.regulations.gov, including any personal information you
provide. 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
for 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://DocketsInfo.dot.gov.
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Docket: To read background documents or comments received, go to
http://www.regulations.gov at any time or visit Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Terry Chasteen, Federal Aviation
Administration, Aircraft Certification Service, Small Airplane
Directorate, ACE-114, 901 Locust, Room 301, Kansas City, MO 64106;
telephone: (816) 329-4147; fax: (816) 329-4090; e-mail:
[email protected]. For legal questions concerning this rule,
contact David Pardo, Office of Chief Counsel, AGC-240, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone: (202) 267-3073; fax: (202) 267-7971.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA is adopting this final rule without prior notice and prior
public comment because this amendment is relieving in nature, imposes
no burden on the public, and is responsive to a petition for exemption
and related public comments which sought the relief granted by this
rule. The Regulatory Policies and Procedures of the Department of
Transportation (DOT) (44 FR 1134, February 26, 1979) provide that, to
the maximum extent possible, operating administrations for the DOT
should provide an opportunity for public comment on regulations issued
without prior notice. Accordingly, we invite 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
final rule. The most helpful comments reference a specific portion of
the final rule, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, please send only one copy of written comments, or
if you are filing comments electronically, please submit your comments
only one time.
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 final rule. Before acting on this final rule, we will
consider all comments we receive on or before the closing date for
comments. We will consider comments filed after the comment period has
closed if it is possible to do so without incurring expense or delay.
We may change this final rule in light of the comments received.
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 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 persons listed under FOR FURTHER INFORMATION CONTACT. You can
find out more about SBREFA on the Internet at our site, http://www.faa.gov/regulations%5Fpolicies/rulemaking/sbre_act/.
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, Section 44701. Under that section,
the FAA is charged with prescribing regulations for practices, methods,
and procedures the Administrator finds necessary for safety in air
commerce. This regulation is within the scope of that authority because
it establishes minimum standards required in the interest of safety for
the design of aircraft.
Background
Currently, the definition of light-sport aircraft in Sec. 1.1
General Definitions, Title 14, Code of Federal Regulations (14 CFR),
specifies that powered gliders that are light-sport aircraft have a
fixed or autofeathering propeller system. The restriction to
``autofeathering'' has resulted in varying applications of light-sport
aircraft (LSA) design.
In 2004, the FAA issued the final rule ``Certification of Aircraft
and Airmen for the Operation of Light-Sport Aircraft'' (Sport Pilot
Rule) (69 FR 44772, July 27, 2004). That rule established a definition
for the term ``light-sport aircraft.'' Since we adopted that rule, the
FAA has been working with the LSA industry in evaluating the overall
LSA program. The past five years have seen remarkable growth in the
overall LSA industry. Over 1,200 new factory-built airplanes, powered
parachutes, and weight-shift control aircraft have received special
airworthiness certificates in the special LSA category. One exception
to this rapid growth is LSA powered gliders.
The FAA has determined that a propeller on a LSA powered glider can
be safely feathered using either a manual or automatic feathering
propeller system, which justifies replacing the term ``autofeathering''
with ``feathering.'' We discuss this determination in the following
section.
Feathering Propeller Systems for Soaring Flight
When we published the notice of proposed rulemaking (NPRM) entitled
Certification of Aircraft and Airmen for the Operation of Light-Sport
Aircraft on February 5, 2002 that proposed a definition for LSA, we
intended that LSA be simple in design and operation and appropriate for
operation by sport pilots. For aircraft design, low performance within
the constraints of light weight and structural integrity were
important. For aircraft operation, simple mechanical systems within the
constraints of sport pilot training requirements were important. In
that NPRM (67 FR 5376), we stated that ``a light sport aircraft, if
powered, would be limited to a fixed or ground adjustable propeller.''
We determined that ``a propeller that could not be adjusted in pitch
during flight was necessary to limit the operational complexity of the
aircraft and would be consistent with the skills necessary to hold a
sport pilot certificate.''
Some commenters requested that controllable pitch propellers be
permitted on LSA. We disagreed that the LSA definition should be
revised accordingly because it would require a level of training for
sport pilots and repairmen that would not be commensurate with the
privileges of their certificates. However, for powered gliders, we
revised the final rule to permit autofeathering propeller systems on
LSA powered gliders to decrease drag while soaring.
In June 2008, the Light Aircraft Manufacturers Association (LAMA)
petitioned the FAA for an exemption to allow manual feathering of a
propeller in LSA powered gliders. As part of its request, LAMA provided
information concerning the design and operation of manual feathering
propeller systems. This petition can be found in Docket No. FAA-2008-
0737.
The FAA received approximately 16 comments from 13 commenters in
response to the petition. All the commenters supported the petition for
exemption. Comments on the petition highlighted the overall benefits
for a
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LSA powered glider to have the option of being equipped with a manual
feathering propeller system.
After reviewing LAMA's petition and the comments received in
support of it, the FAA has determined that a change to the definition
of LSA for powered gliders is appropriate. The FAA agrees that
autofeathering propeller systems are not necessary for the safe
operation of LSA powered gliders. These systems, which are typically
found in multi-engine aircraft, automatically feather a propeller in
the event of a power loss during takeoff. These systems can be complex,
heavy, and expensive.
On the other hand, powered gliders typically incorporate a simple,
manual feathering propeller system. These simple, two-position manual
feathering systems are more consistent with the intended use of a LSA
powered glider and the expected level of complexity for LSA operations.
For example, these systems allow the pilot to feather the propeller by
toggling a switch or moving a lever in the cockpit. This system rotates
the propeller blades to be aligned with the wind--from power
configuration to soaring configuration--so that the glider may maximize
gained altitude through thermal lift only. The ability to feather the
propeller is desirable when the glider is aloft and the engine has been
intentionally shut off.
A manual feathering propeller system is the lightest, simplest, and
most direct way to rotate the propeller blades from power configuration
to soaring configuration. This translates to a lower glider weight that
may result in better performance and fewer parts or systems that could
fail (i.e., better reliability) than with autofeathering systems, while
still maintaining low cockpit workload and pilot distraction.
Design and Standards
Under the provisions of the Sport Pilot rule and the revised Office
of Management and Budget (OMB) Circular A-119, ``Federal Participation
in the Development and Use of Voluntary Consensus Standards and in
Conformity Assessment Activities,'' dated February 10, 1998, the LSA
industry and the FAA have been working with the American Society for
Testing and Materials (ASTM) International to develop consensus
standards for aircraft issued special airworthiness certificates in the
LSA category under Sec. 21.190 for Special Light-Sport Aircraft (S-
LSA). These consensus standards, once accepted by the FAA, satisfy the
agency's goal for airworthiness certification and establish a
verifiable minimum safety level for S-LSA. In addition, use of the
consensus standard process assures government and industry that
discussion and agreement on appropriate standards have occurred for the
required level of safety.
We believe a simple manually operated propeller system for in-
flight feathering would be an acceptable means of compliance with the
propeller feathering provisions for LSA.
From the aircraft design perspective, we were concerned that
malfunction or misuse of a manual feathering propeller on an LSA
powered glider could impose a hazard to the aircraft occupants. Since
publication of the Sport Pilot Rule, the FAA has reviewed powered
glider accident statistics in the electronic database of the National
Transportation Safety Board. The data show 32 accidents in the years
1962 through 2009 (October) with no accidents attributed to the
operation of feathering or un-feathering a propeller during flight. The
data also indicate that in-flight feathering of a propeller system in
powered gliders--many of which are permitted to use either manual or
autofeathering propeller system--does not decrease safety.
We find that a manually operated propeller system for in-flight
feathering is appropriate. Currently, pilots flying LSA powered gliders
are allowed to use a direct-action manual lever to operate the landing
gear, which typically occurs at low altitudes during times of high
pilot workload. By contrast, feathering the propeller takes place at
higher altitudes when pilot workload is minimal. We have determined
that this revision to the definition of a LSA recognizes the
operational nature of LSA powered gliders and is consistent with the
stated design and safety objectives.
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 current or new requirements for information collection
associated with this amendment.
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
determined there are no International Civil Aviation Organization
(ICAO) Standards and Recommended Practices that correspond to this
regulation. International standards for Light Sport Aircraft are being
coordinated by ASTM International.
Good Cause for ``No Notice''
Section 4(a) of the Administrative Procedure Act (APA) (5 U.S.C.
553(b)(B)) authorizes agencies to dispense with certain notice
procedures for rules when they find ``good cause'' to do so. Under
section 553(b)(B), the requirements of prior notice and opportunity for
comment do not apply when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.''
This final rule will change the definition of LSA powered glider by
removing ``auto'' from ``autofeathering,'' which will eliminate the
current restriction on manual feathering propeller designs. Prior
public comment is unnecessary because the FAA has already obtained
public comments regarding a petition for exemption seeking to eliminate
the restriction on manual feathering propeller designs from the
definition of light-sport aircraft. This final rule is responsive to
those comments, all of which were in support of the petition for
exemption.
We do not anticipate significant public comment on this amendment,
since it does not impose a requirement.
Executive Order 12866 and DOT Regulatory Policies and Procedures
Executive Order 12866, Regulatory Planning and Review, directs the
FAA to assess both the costs and benefits of a regulatory change. We
are not allowed to propose or adopt a regulation unless we make a
reasoned determination that the benefits of the intended regulation
justify its costs. Our assessment of this final rule indicates that its
economic impact is minimal.
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 each Federal agency to
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 (Public Law 96-39) prohibits
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agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, this Trade Act also 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
the base year of 1995). This portion of the preamble summarizes the
FAA's analysis of the economic impacts of this 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 final rule. The reasoning
for this determination is that the rule is cost relieving, as it
eliminates the current restriction on manual feathering propeller
designs while maintaining the current safety level.
FAA has therefore determined that this 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 of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to the 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 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 rule will
not have a significant economic impact because it is cost relieving.
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), 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 the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards. The FAA has
assessed the potential effect of this final rule with request for
comments and has determined that it will have a cost relieving impact
on domestic and international entities and thus has a neutral trade
impact.
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 level equivalent of $100 million in CY 1995,
adjusted for inflation to CY 2010 levels by the Consumer Price Index
for all Urban Consumers (CPI-U) as published by the Bureau of Labor
Statistics, is $143.1 million.
This final rule with request for comments does not contain such a
mandate. Therefore, the requirements of Title II of the Unfunded
Mandates Reform Act of 1995 do not apply to this regulation.
Executive Order 13132, Federalism
The FAA has analyzed this final rule with request for comments
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
have determined that this final rule with request for comments 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 final rule with request for comments
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, and it is not likely to have a
significant adverse effect on the supply, distribution, or use of
energy.
Availability of Rulemaking Documents
You can get an electronic copy using the Internet by:
(1) Searching the Federal eRulemaking portal at http://www.regulations.gov;
(2) Visiting the FAA's Regulations and Policies Web page at 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 can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking,
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ARM-1, 800 Independence Avenue, SW., Washington, DC 20591, or by
calling (202) 267-9680. Make sure to identify the docket and amendment
number of this rulemaking.
List of Subjects in 14 CFR Part 1
Air transportation.
The Amendments
In consideration of the foregoing, the Federal Aviation
Administration amends part 1 of Title 14, Code of Federal Regulations,
as follows:
PART 1--DEFINITIONS AND ABBREVIATIONS
0
1. The authority citation for part 1 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701.
0
2. Amend the definition of ``light-sport aircraft'' in Sec. 1.1 by
revising paragraph (8) to read as follows:
Sec. 1.1 General definitions.
* * * * *
Light-sport aircraft * * *
(8) A fixed or feathering propeller system if a powered glider.
* * * * *
Issued in Washington, DC on December 22, 2010.
J. Randolph Babbit,
Administrator.
[FR Doc. 2010-33082 Filed 12-30-10; 8:45 am]
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