applicability of
                                   operating rules
                                   for Air Tour
                                   Operators in the
                                   State of Hawaii
                                   to include
                                   operations
                                   conducted with
                                   powered-lift and
                                   rotorcraft.
------------------------------------------------------------------------

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

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

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

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

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) established the
purpose of the RFA was to ensure agencies, in issuing regulations,
``endeavor, consistent with the objectives of the rule and of
applicable statutes, to fit regulatory and informational requirements
to the scale of the businesses, organizations, and governmental
jurisdictions subject to regulation.'' \42\ The RFA further directs
agencies as follows: ``[t]o achieve this principle, agencies are
required to solicit and consider flexible regulatory proposals and to
explain the rationale for their actions to assure that such proposals
are given serious consideration.'' \43\
---------------------------------------------------------------------------

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

    The RFA covers a wide range of small entities, including small
businesses, not-for-profit organizations, and small governmental
jurisdictions. Agencies must perform a review to determine whether a
rule will have a significant economic impact on a substantial number of
small entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify, and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
    The proposed rule may impact small entities but would have a
minimal economic impact as the proposed rule is enabling while imposing
minimal costs. First and foremost, the proposed rule changes
definitions contained in Sec.  110.2 and the appropriate applicability
of sections within part 119 to enable powered-lift to conduct air
carrier and other certain commercial operations, commercial air tours
and noncommon carriage operations. Absent the proposed rule, an air
carrier desiring to conduct operations using powered-lift would not be
able to comply with the requirements of 49 U.S.C. 44701(d) or 44705.
Such operations, therefore, would be prohibited in the absence of this
proposed rule.
    Secondly, the proposed rule would remove the requirement for a
certificate holder to maintain a list of exemptions and deviations
related to aircraft in its fleet as required by Sec. Sec.
119.49(a)(12), (b)(12), (c)(11) and 91.1015(a)(9). The impact could
provide minimal relief for certificate holders by reducing the volume
of records certificate holders must retain in their operations
specifications.
    Lastly, due to a change in the definitions contained in 14 CFR
110.2, this proposed rule would enable part 121 certificate holders to
conduct operations using powered-lift. As a result, the proposed rule
would revise part 121 certificate holder management qualifications for
the Chief Pilot. Current regulations require Chief Pilots to have an
ATP certificate for at least one of the airplanes used in a certificate
holder's operations. As proposed, the regulations would require the
certificate holder to have a Chief Pilot qualified for each category of
aircraft that the certificate holder uses.
    The FAA determines that the expansion of the qualifications for the
position of Chief Pilot resulting from enabling additional aircraft
categories to conduct part 121 operations would impose a minimal
economic impact for part 121 certificate holders. Considering that this
rulemaking is enabling, a part 121 certificate holder will voluntarily
choose to operate a fleet of more than one aircraft category only if
the expected benefits of doing so exceed the costs. The FAA seeks
comment on whether the proposed change that requires a part 121
certificate holder to have a Chief Pilot for each category of aircraft
used to conduct operations would be minimal cost to the operator.
    The Small Business Administration (SBA) defines small businesses
that operate a scheduled or nonscheduled airline to be 1,500 employees
or less.\44\ At the end of calendar year 2021, employment data was
available for each of the 59 carriers reporting employment

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

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

    If an agency determines that a rulemaking would not result in a
significant economic impact on a substantial number of small entities,
the head of the agency may so certify under section 605(b) of the RFA.
Therefore, as provided in section 605(b), the head of the FAA certifies
that this rulemaking would not result in a significant economic impact
on a substantial number of small entities. The FAA requests comments on
this determination.
C. International Trade Impact Assessment
    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing standards or engaging in related activities
that create unnecessary obstacles to the foreign commerce of the United
States. Pursuant to these Acts, the establishment of standards is not
considered an unnecessary obstacle to the foreign commerce of the
United States, so long as the standard has a legitimate domestic
objective, such as the protection of safety, and does not operate in a
manner that excludes imports that meet this objective. The statute also
requires consideration of international standards and, where
appropriate, that they be the basis for U.S. standards.
    The FAA has analyzed this proposed rule in conjunction with the
requirements of the Trade Agreements Act of 1979, as amended by the
Uruguay Round Agreements Act. The FAA has determined the proposed rule
would not present any obstacle to foreign commerce of the United
States. In addition, the proposed rule is not contrary to international
standards.
D. Unfunded Mandates Assessment
    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
governs the issuance of Federal regulations that require unfunded
mandates. An unfunded mandate is a regulation that requires a State,
local, or tribal government or the private sector to incur direct costs
without the Federal government having first provided the funds to pay
those costs. The FAA determined that the proposed rule will not result
in the expenditure of $165 million or more by State, local, or tribal
governments, in the aggregate, or the private sector, in any one year.
    This rule does not contain such a mandate. Therefore, the
requirements of Title II of the Act do not apply.
E. Paperwork Reduction Act
    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. According to the regulations
that implement the Act, codified at 5 CFR 1320.8(b)(2)(vi), an agency
may not collect or sponsor the collection of information, nor may it
impose an information collection requirement, unless it displays a
currently valid Office of Management and Budget (OMB) control number.
    This action contains the following proposed revisions to existing
information collection requests. As required by the Paperwork Reduction
Act of 1995 (44 U.S.C. 3507(d)), the FAA has submitted these proposed
information collection request revisions to OMB for its review.
    None of the information collection instruments would change for
this proposed rule; the FAA would continue to collect the necessary
information in the same manner that the FAA described in its prior
notices concerning the information collections. The Office of
Management and Budget has approved the FAA's collection of information
for purposes of such compliance.\47\ However, this NPRM proposes to
increase the potential number of respondents to whom the information
collection requirements apply.
---------------------------------------------------------------------------

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

F. International Compatibility and Cooperation

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

G. Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion identified in paragraph 5-6.6f for regulations and involves
no extraordinary circumstances.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this proposed rule under the principles and
criteria of Executive Order 13132, Federalism (Aug. 4, 1999). The
agency has determined this action would not have a substantial, direct
effect on the States, or the relationship between the Federal
Government and the States, or on the distribution of power and
responsibilities among the various levels of government. As a result,
this proposed rule would not have federalism implications.

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

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

C. Executive Order 13609, Promoting International Regulatory
Cooperation

    Executive Order 13609, Promoting International Regulatory
Cooperation promotes international regulatory cooperation to meet
shared challenges involving health, safety, labor, security,
environmental, and other issues and to reduce, eliminate, or prevent
unnecessary differences in regulatory requirements. The FAA has
analyzed this action under the policies and agency responsibilities of
Executive Order 13609, and has determined that this action would have
no effect on international regulatory cooperation.

VI. Additional Information

A. Comments Invited

    The FAA invites interested persons to participate in this
rulemaking by submitting written comments, data, or views. The agency
also invites comments relating to the economic, environmental, energy,
or federalism impacts that might result from adopting the proposals in
this document. The most helpful comments reference a specific portion
of the proposal, explain the reason for any recommended change, and
include supporting data. To ensure the docket does not contain
duplicate comments, commenters should send only one copy of written
comments, or if comments are filed electronically, commenters should
submit only one time.
    The FAA will file in the docket all comments it receives, as well
as a report summarizing each substantive public contact with FAA
personnel concerning this proposed rulemaking. Before acting on this
proposal, the FAA will consider all comments it receives on or before
the closing date for comments. The agency may change this proposal in
light of the comments it receives.

B. Confidential Business Information

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

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

C. Electronic Access and Filing

    A copy of this NPRM, all comments received, any final rule, and all
background material may be viewed online at https://www.regulations.gov
using the docket number listed above. A copy of this proposed rule will
be placed in the docket. Electronic retrieval help and guidelines are
available on the website. It is available 24 hours each day, 365 days
each year. An electronic copy of this document may also be downloaded
from the Office of the Federal Register's website at https://www.federalregister.gov and the Government Publishing Office's website
at https://www.govinfo.gov. A copy may also be found at the FAA's
Regulations and Policies website at https://www.faa.gov/regulations_policies.
    Copies may also be obtained by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW, Washington, DC 20591, or by calling<PHONE_NUMBER>.
Commenters must identify the docket or notice number of this
rulemaking.
    All documents the FAA considered in developing this proposed rule,
including economic analyses and technical reports, may be accessed in
the electronic docket for this rulemaking.

List of Subjects

14 CFR Part 91

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

14 CFR Part 110

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

14 CFR Part 119

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

14 CFR Part 121

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

14 CFR Part 125

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

14 CFR Part 136

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

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

PART 91--GENERAL OPERATING AND FLIGHT RULES

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

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

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

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

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

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

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

Sec.  91.1015  Management specifications.

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

PART 110--GENERAL REQUIREMENTS

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

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

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

Sec.  110.2  Definitions.

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

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

PART 119--CERTIFICATION: AIR CARRIERS AND COMMERCIAL OPERATORS

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

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

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

Sec.  119.1  Applicability.

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

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

Sec.  119.5  Certifications, authorizations, and prohibitions.

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

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

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

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

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

Sec.  119.49  Contents of operations specifications.

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

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

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

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

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

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

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

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

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

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

Sec.  121.1  Applicability.

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

Sec.  121.470  [Amended]

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

Sec.  121.480  [Amended]

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

Sec.  121.500  [Amended]

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

PART 125--[Amended]

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

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

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

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

Sec.  125.1  Applicability.

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

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

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

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

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

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

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

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

Sec.  136.1  Applicability and definitions.

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

Sec.  136.3  Letters of Authorization.

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

Sec.  136.5  Additional requirements for Hawaii.

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

Sec.  136.9  Life preservers for operations over water.

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

Sec.  136.11  Rotorcraft floats for over water.

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

Sec.  136.13  Performance plan.

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

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

Appendix A to Part 136--[Removed]

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

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

Sec.  136.71  Applicability.

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

Sec.  136.73  Definitions.

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

Sec.  136.75  Equipment and requirements.

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

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


[Federal Register Volume 81, Number 224 (Monday, November 21, 2016)]
[Proposed Rules]
[Pages 83180-83182]
[FR Doc No: 2016-27309]

=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2016-9385; Directorate Identifier 2016-NM-111-AD]
RIN 2120-AA64

Airworthiness Directives; Gulfstream Aerospace Corporation
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

SUMMARY: We propose to adopt a new airworthiness directive (AD) for all
Gulfstream Aerospace Corporation Model G-1159B airplanes. This proposed
AD was prompted by a review of airplane maintenance records, which
revealed that incorrect rudder assemblies were installed on certain
airplanes. This proposed AD would require certain inspections, and
replacement or modification of the rudder assembly if necessary. We are
proposing this AD to address the unsafe condition on these products.

DATES: We must receive comments on this proposed AD by January 5, 2017.

ADDRESSES: You may send comments, using the procedures found in 14 CFR
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: Deliver to Mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    For service information identified in this NPRM, contact Gulfstream
Aerospace Corporation, Technical Publications Dept., P.O. Box 2206,
Savannah, GA 31402-2206; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>;
email<EMAIL_ADDRESS>Internet http://www.gulfstream.com/product_support/technical_pubs/pubs/index.htm. You may view this
referenced service information at the FAA, Transport Airplane
Directorate, 1601 Lind Avenue SW., Renton, WA. For information on the
availability of this material at the FAA, call<PHONE_NUMBER>.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2016-
9385; or in person at the Docket Management Facility between 9 a.m. and
5 p.m., Monday through Friday, except Federal holidays. The AD docket
contains this proposed AD, the regulatory evaluation, any comments
received, and other information. The street address for the Docket
Office (phone:<PHONE_NUMBER>) is in the ADDRESSES section. Comments will
be available in the AD docket shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Krista Greer, Aerospace Engineer,
Airframe Branch, ACE-117A, FAA, Atlanta Aircraft Certification Office
(ACO), 1701 Columbia Avenue, College Park, GA 30337; phone: 404-474-
5544; fax:<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposal. Send your comments to an address listed
under the ADDRESSES section. Include ``Docket No. FAA-2016-9385;
Directorate Identifier 2016-NM-111-AD'' at the beginning of your
comments. We specifically invite comments on the overall regulatory,
economic, environmental, and energy aspects of this proposed AD. We
will consider all comments received by the closing date and may amend
this proposed AD because of those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We
will also post a report summarizing each substantive verbal contact we
receive about this proposed AD.

Discussion

    We reviewed Gulfstream airplane maintenance records which revealed
that incorrect rudder assemblies were installed on certain Gulfstream
Model G-1159B airplanes (also referred to by marketing designation
GIIB). Investigation revealed that the Gulfstream GII/GIIB Illustrated
Parts Catalog (IPC) did not clearly specify that the rudder assemblies
for Model G-1159 airplanes (also referred to by marketing designation
GII) have part number (P/N) 1159CS20004-3, and the rudder assemblies
for Model G-1159B airplanes have P/N 1159CS25000-3/-9. Installation of
rudders for Model G-1159 airplanes on Model G-1159B airplanes does not
comply with the design fail-safe requirements for Model G-1159B
airplanes. Although the rudder assembly designs are similar, the upper
hinge configuration for Model G-1159B airplanes includes a dual load
path to prevent control surface flutter in the event of middle or upper
hinge failure. Installation of an incorrect rudder assembly could
result in flutter and subsequent loss of the rudder, which could result
in loss of control of the airplane.

Related Service Information Under 1 CFR Part 51

    We reviewed Gulfstream GII/IIB Customer Bulletin 468, dated
February 17, 2016 (for Model G-1159 and Model G-1159B airplanes). The
service information describes procedures for inspecting the rudder
assembly to determine the part number, verifying that the part number
of the rudder assembly matches what is recorded in the airplane
maintenance records, inspecting the rudder hinges, and modifying the
rudder assembly. This service information is reasonably available
because the interested parties have access to it through their normal
course of business or by the means identified in the ADDRESSES section.

FAA's Determination

    We are proposing this AD because we evaluated all the relevant
information and determined the unsafe condition described previously is
likely to exist or develop in other products of the same type design.

Proposed AD Requirements

    This proposed AD would require accomplishing the actions specified
in the service information described previously.

Costs of Compliance

    We estimate that this proposed AD affects 24 airplanes of U.S.
registry. We estimate the following costs to comply with this proposed
AD:

                                                 Estimated Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per      Cost on U.S.
               Action                         Labor cost            Parts cost        product        operators
----------------------------------------------------------------------------------------------------------------
Inspection.........................  1 work-hour x $85 per hour               $0             $85          $2,040
                                      = $85.
----------------------------------------------------------------------------------------------------------------

    We estimate the following costs to do any necessary replacements or
modifications that would be required based on the results of the
proposed inspection. We have no way of determining the number of
aircraft that might need these replacements or modifications:

                                               On-Condition Costs
----------------------------------------------------------------------------------------------------------------
                                                                                Cost per
                    Action                                 Labor cost               Parts cost        product
----------------------------------------------------------------------------------------------------------------
Replacement/modification......................  3 work-hours x $85 per hour =            $51,445         $51,700
                                                 $255.
----------------------------------------------------------------------------------------------------------------

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to
issue rules on aviation safety. Subtitle I, section 106, describes the
authority of the FAA Administrator. Subtitle VII: Aviation Programs,
describes in more detail the scope of the Agency's authority.
    We are issuing this rulemaking under the authority described in
Subtitle VII, Part A, Subpart III, Section 44701: ``General
requirements.'' Under that section, Congress charges the FAA with
promoting safe flight of civil aircraft in air commerce by prescribing
regulations for practices, methods, and procedures the Administrator
finds necessary for safety in air commerce. This regulation is within
the scope of that authority because it addresses an unsafe condition
that is likely to exist or develop on products identified in this
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism
implications under Executive Order 13132. This proposed AD would not
have a substantial direct effect on the States, on the relationship
between the national Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed
regulation:
    (1) Is not a ``significant regulatory action'' under Executive
Order 12866,
    (2) Is not a ``significant rule'' under the DOT Regulatory Policies
and Procedures (44 FR 11034, February 26, 1979),
    (3) Will not affect intrastate aviation in Alaska, and
    (4) Will not have a significant economic impact, positive or
negative, on a substantial number of small entities under the criteria
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13   [Amended]

0
2. The FAA amends Sec.  39.13 by adding the following new airworthiness
directive (AD):

Gulfstream Aerospace Corporation: Docket No. FAA-2016-9385;
Directorate Identifier 2016-NM-111-AD.

(a) Comments Due Date

    We must receive comments by January 5, 2017.

(b) Affected ADs

    None.

(c) Applicability

    This AD applies to all Gulfstream Model G-1159B airplanes,
certificated in any category.

    Note 1 to paragraph (c) of this AD:  Model G-1159B airplanes are
also referred to by marketing designation GIIB.

(d) Subject

    Air Transport Association (ATA) of America Code 27; Flight
Controls.

(e) Unsafe Condition

    This AD was prompted by a review of airplane maintenance
records, which revealed that incorrect rudder assemblies were
installed on certain airplanes. We are issuing this AD to detect and
correct the installation of incorrect rudder assemblies, which could
result in flutter and subsequent loss of the rudder, and consequent
loss of control of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified,
unless already done.

(g) Inspection To Determine Rudder Assembly Part Number and
Verification of Maintenance Records

    Within 12 months after the effective date of this AD, do an
inspection to determine the part number of the rudder assembly, in
accordance with the Accomplishment Instructions of Gulfstream GII/
IIB Customer Bulletin Number 468, dated February 17, 2016, except as
provided by paragraph (i)(1) of this AD. If the rudder assembly does
not have part number (P/N) 1159CS20004-3, within 12 months after the
effective date of this AD, verify that the rudder assembly part
number recorded in the aircraft maintenance records matches the part
number of the rudder assembly installed on the airplane and if the
rudder assembly part number does not match, correct the aircraft
maintenance records accordingly.

(h) Additional Inspection and Corrective Action

    If, during the inspection required by paragraph (g) of this AD,
a rudder assembly having P/N 1159CS20004-3 is found, before further
flight, do a general visual inspection of the middle and upper
rudder hinges to determine if a one-piece or two-piece hinge is
installed, in accordance with the Accomplishment Instructions of
Gulfstream GII/IIB Customer Bulletin Number 468, dated February 17,
2016, and do the applicable action specified in paragraph (h)(1) or
(h)(2) of this AD, except as required by paragraph (i)(2) of this
AD.
    (1) For airplanes with a one-piece hinge installed: Do the
actions specified in paragraph (h)(1)(i) or (h)(1)(ii) of this AD.
    (i) Modify the rudder assembly, in accordance with the
Accomplishment Instructions of Gulfstream GII/IIB Customer

Bulletin Number 468, dated February 17, 2016.

    Note 1 to paragraph (h)(1)(i) of this AD:  Gulfstream GII/IIB
Customer Bulletin Number 468, dated February 17, 2016, refers to
Gulfstream GII Aircraft Service Change Number 300, Amendment 1,
dated May 21, 1984, as an additional source of guidance for
accomplishment of the rudder modification.

    (ii) Replace the rudder assembly with a rudder assembly that has
been modified as specified in Gulfstream GII Aircraft Service Change
Number 300. Do the replacement using a method approved in accordance
with the procedures specified in paragraph (k)(1) of this AD.
    (2) For airplanes with a two-piece hinge installed: Re-identify
the rudder assembly as having incorporated the actions in Gulfstream
GII Aircraft Service Change Number 300, in accordance with the
Accomplishment Instructions of Gulfstream GII/IIB Customer Bulletin
Number 468, dated February 17, 2016.

(i) Exceptions to Service Bulletin Specifications

    (1) Where Gulfstream GII/IIB Customer Bulletin Number 468, dated
February 17, 2016, specifies to record the rudder part number and
serial number on the service reply card, that action is not required
by this AD.
    (2) Where Gulfstream GII/IIB Customer Bulletin Number 468, dated
February 17, 2016, specifies to contact Gulfstream for instructions
on modifying the rudder assembly, this AD requires modifying the
rudder assembly before further flight using a method approved in
accordance with the procedures specified in paragraph (k)(1) of this
AD.

(j) Special Flight Permit

    Special flight permits, as described in Section 21.197 and
Section 21.199 of the Federal Aviation Regulations (14 CFR 21.197
and 21.199), are not allowed.

(k) Alternative Methods of Compliance (AMOCs)

    (1) The Manager, Atlanta Aircraft Certification Office (ACO),
FAA, has the authority to approve AMOCs for this AD, if requested
using the procedures found in 14 CFR 39.19. In accordance with 14
CFR 39.19, send your request to your principal inspector or local
Flight Standards District Office, as appropriate. If sending
information directly to the manager of the ACO, send it to the
attention of the person identified in paragraph (l)(1) of this AD.
    (2) Before using any approved AMOC, notify your appropriate
principal inspector, or lacking a principal inspector, the manager
of the local flight standards district office/certificate holding
district office.
    (3) Except as required by paragraph (i) of this AD: For service
information that contains steps that are labeled as Required for
Compliance (RC), the provisions of paragraphs (k)(3)(i) and
(k)(3)(ii) of this AD apply.
    (i) The steps labeled as RC, including substeps under an RC step
and any figures identified in an RC step, must be done to comply
with the AD. An AMOC is required for any deviations to RC steps,
including substeps and identified figures.
    (ii) Steps not labeled as RC may be deviated from using accepted
methods in accordance with the operator's maintenance or inspection
program without obtaining approval of an AMOC, provided the RC
steps, including substeps and identified figures, can still be done
as specified, and the airplane can be put back in an airworthy
condition.

(l) Related Information

    (1) For more information about this AD, contact Krista Greer,
Aerospace Engineer, Airframe Branch, ACE-117A, FAA, Atlanta Aircraft
Certification Office (ACO), 1701 Columbia Avenue, College Park, GA
30337; phone:<PHONE_NUMBER>; fax:<PHONE_NUMBER>; email:
<EMAIL_ADDRESS>    (2) For service information identified in this AD, contact
Gulfstream Aerospace Corporation, Technical Publications Dept., P.O.
Box 2206, Savannah, GA 31402-2206; telephone<PHONE_NUMBER>; fax 912-
965-3520; email<EMAIL_ADDRESS>Internet http://www.gulfstream.com/product_support/technical_pubs/pubs/index.htm.
You may view this referenced service information at the FAA,
Transport Airplane Directorate, 1601 Lind Avenue SW., Renton, WA.
For information on the availability of this material at the FAA,
call<PHONE_NUMBER>.

    Issued in Renton, Washington, on November 2, 2016.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2016-27309 Filed 11-18-16; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 87, Number 31 (Tuesday, February 15, 2022)]
[Notices]
[Pages 8579-8580]
[FR Doc No: 2022-03218]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Project Nos. 2601-068; 2603-050]

Northbrook Carolina Hydro II, LLC; HydroLand Carolinas I, LLC;
Notice of Effectiveness of Withdrawal of Applications To Transfer
Licenses

    On May 13, 2021, Northbrook Carolina Hydro II, LLC (Northbrook) and
HydroLand Carolinas I, LLC (Hydroland) jointly filed applications to
transfer the licenses for the Bryson

Hydroelectric Project No. 2601 and Franklin Hydroelectric Project No.
2603. On January 21, 2022, Northbrook and HydroLand jointly filed a
notice of withdrawal of their applications to transfer the licenses for
the Bryson Hydroelectric Project No. 2601 and Franklin Hydroelectric
Project No. 2603. The projects are located on the Oconaluftee and
Little Tennessee rivers in Swain and Macon counties, North Carolina.
    No motion in opposition to the notice of the withdrawal has been
filed, and the Commission has taken no action to disallow the
withdrawal. Pursuant to Rule 216(b) of the Commission's Rules of
Practice and Procedure,\1\ the withdrawal of the transfer of licenses
became effective on February 5, 2022, and these proceedings are hereby
terminated.
---------------------------------------------------------------------------

    \1\ 18 CFR 385.216(b) (2021).

    Dated: February 9, 2022.
Kimberly D. Bose,
Secretary.
[FR Doc. 2022-03218 Filed 2-14-22; 8:45 am]
BILLING CODE 6717-01-P