[Federal Register Volume 87, Number 234 (Wednesday, December 7, 2022)]
[Proposed Rules]
[Pages 74995-75020]
[FR Doc No: 2022-25711]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

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

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

Update to Air Carrier Definitions

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

ACTION: Notice of proposed rulemaking (NPRM).

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

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

ADDRESSES: Send comments identified by docket number FAA-2022-1563
using any of the following methods:
    Federal eRulemaking Portal: Go to http://www.regulations.gov and
follow the online instructions for sending your comments
electronically.
    Mail: Send comments to Docket Operations, M-30; U.S. Department of
Transportation (DOT), 1200 New Jersey Avenue SE, Room W12-140, West
Building Ground Floor, Washington, DC 20590-0001.
    Hand Delivery or Courier: Take comments to Docket Operations in
Room W12-140 of the West Building Ground Floor at 1200 New Jersey
Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    Fax: Fax comments to Docket Operations at<PHONE_NUMBER>.
    Privacy: In accordance with 5 U.S.C. 553(c), Department of
Transportation solicits comments from the public to better inform its
rulemaking process. DOT posts these comments, without edit, including
any personal information the commenter provides, to http://www.regulations.gov, as described in the system of records notice (DOT/
ALL-14 FDMS), which can be reviewed at http://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at
http://www.regulations.gov at any time. Follow the online instructions
for accessing the docket or go to the Docket Operations in Room W12-140
of the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Jackie Clow, Aviation Safety
Inspector, Air Transportation Division, Flight Standards Service,
Federal Aviation Administration, 800 Independence Avenue SW,
Washington, DC 20591; telephone:<PHONE_NUMBER>; email:
[email protected].

SUPPLEMENTARY INFORMATION:

Table of Contents

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

I. Executive Summary

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

II. Legal Authority

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

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

III. Discussion of the Proposed Rule

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

A. Powered-Lift in Air Carrier Operations

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

pounds. Domestic operations occur between any points within the 48
contiguous states of the United States or the District of Columbia or
solely within any state, territory, or possession of the United States.
Unlike domestic operations, flag operations are those that occur
between any point within the State of Alaska, the State of Hawaii, or
any territory or possession of the United States, and any point outside
the State of Alaska or the State of Hawaii or any territory or
possession of the United States, respectively. Flag operations also
include scheduled operations in airplanes that occur between any point
within the 48 contiguous States of the United States or the District of
Columbia and any point outside the 48 contiguous States of the United
States and the District of Columbia, as well as those that occur
between any point outside the United States and another point outside
the United States.
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    \2\ For purposes of determining which types of operations are
``scheduled,'' the FAA uses its definition at Sec.  110.2, which
provides, ``[s]cheduled operation means any common carriage
passenger-carrying operation for compensation or hire conducted by
an air carrier or commercial operator for which the certificate
holder or its representative offers in advance the departure
location, departure time, and arrival location. It does not include
any passenger-carrying operation that is conducted as a public
charter operation under part 380 of this chapter.''
    \3\ Throughout this description of the kinds of operations, each
use of the term ``passenger-seat configuration'' for numerical
thresholds and limitations excludes the number of crewmember seats.
This is consistent with the existing text of each definition.
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    Supplemental operations under part 121 include any common carriage
operation for compensation or hire using airplanes that have a
passenger-seat configuration of more than 30 seats or that have a
payload capacity of more than 7,500 pounds. Supplemental operations
also include those in which the airplane is also used in domestic or
flag operations and is listed in the operations specifications for such
operations when the airplane is either propeller-powered and has more
than 9 and less than 31 passenger seats, or turbojet-powered and has 1
or more and less than 31 passenger seats. The definition of
``supplemental operation'' also specifies that the operations are
either all-cargo operations, passenger-carrying public charter
operations under part 380, or operations for which the departure time
and location, as well as the arrival location, are specifically
negotiated.
    Part 135 applies to two kinds of operations: on-demand and
commuter.
    On-demand operations are those either conducted as a public charter
under part 380 or any operations in which the departure time and
location and arrival location are specifically negotiated with the
customer and are: in rotorcraft; common carriage operations with
airplanes (including turbojet-powered airplanes) that have a passenger-
seat configuration of 30 seats or fewer and a payload capacity of 7,500
pounds or less; or noncommon or private carriage operations conducted
with airplanes having a passenger-seat configuration of less than 20
seats and a payload capacity of less than 6,000 pounds. On-demand
operations also include scheduled passenger-carrying operations that
consist of less than five round-trips per week on at least one route
between two or more points according to its published flight schedules
in airplanes (other than turbojet-powered airplanes) that have a
maximum passenger-seat configuration of 9 seats or less and a maximum
payload capacity of 7,500 pounds or less, or in any rotorcraft.
Finally, on-demand operations also include all-cargo operations
conducted with airplanes having a payload capacity of 7,500 pounds or
less, or with rotorcraft.\4\
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    \4\ As noted above, ``all-cargo air transportation'' means ``the
transportation by aircraft in interstate air transportation of only
property or only mail, or both.'' 49 U.S.C. 40102(a)(10).
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    Commuter operations are scheduled operations \5\ conducted by any
person operating airplanes (other than turbojet-powered airplanes) that
have a maximum passenger-seat configuration \6\ of 9 seats or less and
a maximum payload capacity of 7,500 pounds or less, as well as all
rotorcraft, when such operations conduct at least five round trips per
week on at least one route between two or more points according to its
published flight schedules.
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    \5\ The definition of ``scheduled operation'' is codified at 14
CFR 110.2.
    \6\ Throughout this description of the kinds of operations, each
use of the term ``passenger-seat configuration'' for numerical
thresholds and limitations excludes crewmember seats. This is
consistent with the existing text of each definition.
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    Part 121 currently applies to any turbojet-powered airplane with
one or more passenger seats used for scheduled operations. Scheduled
operations under part 135 that are generally ``commuter'' operations
are limited to 9 seats or fewer and cannot occur in turbojet airplanes.
The FAA previously determined that the operations of small turbojets,
which are used for operations such as transoceanic, long range and
international, are like the operations of large air carriers.\7\ To
ensure safety of passengers carried in those kinds of operations, the
provisions of part 121 apply to scheduled operations of turbojet
airplanes. This proposed rule would include turbojet-powered powered-
lift alongside the term ``turbojet powered airplane'' to ensure
consistency in applying the appropriate risk mitigation measures for
operations of turbojet-powered aircraft.
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    \7\ Commuter Operations and General Certification and Operations
Requirements, 60 FR 65832, 65838 (Dec. 20, 1995).
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    Under this proposed rule, part 121 would apply to operations that
air carriers conduct with powered-lift when they fulfill the criteria
of the definitions of domestic, flag, and supplemental operations,
while part 135 would apply to operations that certificate holders
conduct with powered-lift that meet the criteria of commuter and on-
demand operations. Many of the requirements in part 121 are distinct
from the requirements that apply to operations under part 135. In this
regard, the aircraft passenger-seat configuration and payload capacity
maximums that differentiate applicability of parts 121 and 135, are
longstanding, regulatory distinctions with which certificate holders
are familiar and are appropriate for applying to powered-lift.\8\ The
FAA has crafted operating rules designed to mitigate the risks of
operations of aircraft operating under parts 121 and 135. As a result,
the scaled approach of risk mitigations in both parts remains
appropriate because powered-lift that are large and carry passengers in
scheduled operations generally present a higher level of risk.
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    \8\ In Commuter Operations and General Certification and
Operations Requirements, the FAA cited its 1953 rulemaking in which
the FAA set forth the requirement that airplanes with a maximum
certificated takeoff weight of 12,500 pounds or less would be
permitted to carry fewer than 10 passengers in on-demand air taxi
service. 60 FR 65832, 65835 (Dec. 20, 1995).
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a. 121 Applicability
    Section 121.1 establishes the applicability of part 121, which
prescribes the rules governing air carrier operations conducted under
domestic, flag, or supplemental operations. Section 121.1(g) currently
states, ``This part also establishes requirements for operators to take
actions to support the continued airworthiness of each airplane.''
Section 121.1(g) is the only paragraph in section 121.1 that currently
uses the term ``airplane.'' The FAA proposes to revise paragraph (g) to
apply to ``aircraft'' instead of ``airplane.'' This change in section
121.1 is necessary to correspond to the changes in parts 110 and 119 to
extend the applicability of these parts to powered-lift.
    The FAA also proposes to make a technical correction to section
121.1(c) by removing ``SFAR No. 58'' and replacing it with ``subpart
Y'' which was codified on September 16, 2005.
b. Certain Flight Time Limitations and Rest Requirements Under Part 121
    With regard to flight time limitations and rest requirements, this
proposed rule would amend Sec. Sec.  121.470, 121.480, and 121.500 to
replace the word ``airplanes'' with the term ``aircraft.'' Section
121.470 applies the provisions of part 121, subpart Q to domestic all-
cargo operations; Sec.  121.480 applies the provisions of part 121,
subpart R to flag all-cargo operations; and Sec.  121.500 applies the
provisions of part 121,

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

    \21\ 14 CFR 110.2 and 136.1(d). Some flights that are commercial
air tours under part 136 or Sec.  91.147 may also be subject to
other requirements. For example, the requirements of 49 U.S.C. 40128
(``Overflights of national parks'') or 14 CFR part 93, subpart U
(``Special Flight Rules in the Vicinity of Grand Canyon National
Park, AZ'') refer to certain types of commercial air tours in
``powered aircraft.'' This proposed rule would not affect the
applicability of any such requirements.
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1. Regulatory Framework for Commercial Air Tours
    The FAA regulates commercial air tours under part 136 and Sec.
91.147. Part 136, subpart A, ``National Air Tour Safety Standards,''
currently applies to ``each person operating or intending to operate a
commercial air tour in an airplane or helicopter'' as well as all
occupants of the airplane or helicopter engaged in the air tour.\22\
Part 136, subpart A, applies to part 121 or 135 operators conducting
commercial air tours and holding a part 119 certificate. Section 91.147
applies to commercial air tour operators that do not hold a certificate
under part 119.
---------------------------------------------------------------------------

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

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

operations, such as requirements and restrictions relevant to
operations, safety, and training.
---------------------------------------------------------------------------

    \23\ Section 136.37(g) permits commercial air tour operations
over a national park to occur under the general operating rules of
part 91 if (1) the air tour activity is permitted under part 119;
(2) the operator secures a letter of agreement from the
Administrator and the Superintendent for that park describing the
conditions under which the operations will be conducted; and (3) the
number of flights that occur under this exception does not exceed a
total of 5 by all operators in a 30-day period over a particular
park.
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    Section 91.147, Passenger Carrying Flights for Compensation or
Hire, applies to air tour operators that take off and land at the same
airport and stay within 25 miles of that airport.\24\ Section 91.147(a)
defines ``operator'' for purposes of Sec.  91.147 and for purposes of
drug and alcohol testing \25\ as any person who conducts non-stop
passenger-carrying flights in an airplane or helicopter for
compensation or hire in accordance with Sec. Sec.  119.1(e)(2),
135.1(a)(5), or 121.1(d) when flights begin and end at the same airport
and are conducted within a 25-statute mile radius of that airport.
Under Sec.  119.1(e)(2), nonstop commercial air tours are exempt from
the applicability of part 119 as long as they are conducted in an
airplane or helicopter having a standard airworthiness certificate and
passenger-seat configuration of 30 seats or fewer and a maximum payload
capacity of 7,500 pounds and meet the operational criteria described
previously.
---------------------------------------------------------------------------

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

2. Incorporation of New Types of Aircraft
    Section 91.147 and the requirements of part 136, subpart A, are
currently limited in applicability to airplanes and helicopters. The
FAA has determined this scope is too narrow, as manufacturers may
design and produce other rotorcraft and powered-lift that operators
could use for commercial air tours. Consequently, the FAA is proposing
to expand the applicability of part 136 by changing the term
``helicopter'' to ``rotorcraft'' and adding ``powered-lift'' to the
applicability in Sec.  136.1. Additionally, this proposed rule would
replace ``helicopter'' with the term ``rotorcraft'' and add ``powered-
lift'' to the relevant applicability provisions of Sec.  91.147 to
ensure the appropriate safety risk mitigations apply to all commercial
air tours.
    The FAA is proposing to change the term ``helicopter'' to
``rotorcraft'' throughout part 136 in order to ensure these safety
standards of part 136 apply to other rotorcraft and not only
helicopters.\26\ Part 136 was promulgated to help prevent accidents and
incidents that occur during commercial air tour operations and should
therefore apply to more than just airplanes and helicopters.\27\ In
fact, these safety risk mitigations found within part 136 have proven
to reduce incidents and accidents.\28\ If the FAA does not expand part
136 to include ``rotorcraft'', then the more stringent safety risk
mitigations afforded in that part would not apply to the rotorcraft
that currently conduct air tours under part 135. Applying the
requirements of part 136 to airplanes, powered-lift, and rotorcraft
that conduct commercial air tours is an appropriate step in ensuring
safe integration of new types of aircraft.
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    \26\ Rotorcraft means ``a heavier-than-air aircraft that depends
principally for its support in flight on the lift generated by one
or more rotors.'' With respect to aircraft certification, rotorcraft
are a ``class'' of aircraft as defined in Sec.  1.1, while
helicopters are a kind of rotorcraft. Section 1.1 defines ``class''
as ``a broad grouping of aircraft having similar characteristics of
propulsion, flight, or landing. Examples include: airplane,
rotorcraft, glider, balloons, land plane, and seaplane.'' Section
1.1 defines ``helicopter'' as ``a rotorcraft that, for its
horizontal motion, depends principally on its engine-driven
rotors.'' Helicopters and rotorcraft both depend principally on the
rotors to provide lift to stay airborne.
    \27\ The FAA acknowledges that gyroplanes are a kind of
rotorcraft. This proposed rule would retain the language of Sec.
136.1(c) that excludes gyroplanes from the applicability of part
136. Historically, gyroplanes have not been issued a standard
airworthiness certificate, so the FAA still believes excluding those
types of rotorcraft would be appropriate.
    \28\ In the preamble to part 136, the FAA explained that the
commercial air tour regulations had a positive impact on safety for
these operations. ``We believe there is a relationship between the
imposition of a minimum, mandatory safety standard and the decrease
in accidents.'' 72 FR 6884, 6889 (Feb. 13, 2007).
---------------------------------------------------------------------------

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

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

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

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

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

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

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

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

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

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

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

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

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

IV. Regulatory Notices and Analyses

    Federal agencies consider impacts of regulatory actions under a
variety of executive orders and other requirements. First, Executive
Order 12866 and Executive Order 13563 direct that each Federal agency
shall propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires
agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) prohibits
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. Fourth, the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4) requires agencies to
prepare a written assessment of the costs, benefits, and other effects
of proposed or final rules that include a Federal mandate that may
result in the expenditure by State, local, or tribal governments, in
the aggregate, or by the private sector, of $100 million or more
annually (adjusted for inflation with base year of 1995). The current
threshold after adjustment for inflation is $165 million using the most
current (2021) Implicit Price Deflator for the Gross Domestic Product.
This portion of the preamble summarizes the FAA's analysis of the
economic impacts of this proposed rule.
    In conducting these analyses, the FAA has determined that this
proposed rule (1) will have benefits that justify its costs, (2) will
not be an economically ``significant regulatory action'' as defined in
section 3(f) of Executive Order 12866, (3) will not be ``significant''
as defined in DOT's Regulatory Policies and Procedures; (4) will not
have a significant economic impact on a substantial number of small
entities; (5) will not create unnecessary obstacles to the foreign
commerce of the United States; and (6) will not impose an unfunded
mandate on State, local, or tribal governments, or on the private
sector by exceeding the threshold identified above.

A. Regulatory Evaluation

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

rule. These parameters are shown below.

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

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

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

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

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

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