operating for at
                                                     least 25 hours.
                                                    (3) The powered-lift
                                                     flight recorder
                                                     must be operated
                                                     continuously from
                                                     the instant the
                                                     powered-lift begins
                                                     the takeoff roll or
                                                     lift-off until the
                                                     landing is
                                                     completed.
(o) Section 135.152(a)......  Paragraph (a) of      Powered-lift
                               Sec.   135.152        operators must
                               applies to powered-   comply with Sec.
                               lift with a           194.314 or Sec.
                               passenger seating     194.315 in lieu of
                               configuration of 10   the appendices
                               to 19 seats.          referenced in Sec.
                                                      135.152.
(p) Section 135.152(b)        Paragraphs (b)
 introductory text and         introductory text
 (b)(3).                       and (b)(3) of Sec.
                                135.152 apply to
                               powered-lift with a
                               passenger seating
                               configuration of 20
                               to 30 seats.
(q) Section 135.154(a) and    Applies to powered-   Instead of TAWS,
 (c).                          lift configured       powered-lift must
                               with 6 or more        be equipped with a
                               passenger seats,      helicopter terrain
                               excluding any pilot   awareness and
                               seat.                 warning system
                                                     (HTAWS) that meets
                                                     the requirements in
                                                     Technical Standard
                                                     Order (TSO)-C194
                                                     and Section 2 of
                                                     RTCA DO-309
                                                     (incorporated by
                                                     reference, see Sec.
                                                       194.109) or a FAA-
                                                     approved TAWS A/
                                                     HTAWS hybrid
                                                     system.
(r) Section 135.158.........  Applies to powered-
                               lift equipped with
                               a flight instrument
                               pitot heating
                               system.
(s) Section 135.159(a)(1)...  Applies to powered-
                               lift with a third
                               attitude instrument
                               system that meets
                               the requirements of
                               paragraph (a)(1) of
                               Sec.   135.159.
(t) Section 135.165(d)......  Applies to powered-
                               lift having a
                               passenger seat
                               configuration,
                               excluding any pilot
                               seat, of 10 seats
                               or more, or a
                               powered-lift in a
                               commuter operation,
                               as defined in part
                               119 of this chapter.
(u) Section 135.165(g)(1)...  Applies to powered-
                               lift for purposes
                               of approving a
                               single long-range
                               navigation system
                               and a single long-
                               range communication
                               system for extended
                               over-water
                               operations.
(v) Section 135.169(a)......  Applies to large      (i) Powered-lift
                               powered-lift.         must comply with
                                                     appropriate
                                                     certification
                                                     provisions listed
                                                     in Sec.
                                                     135.169(a) or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(w) Section 135.169(b)(8)...  Applies to small      (i) Small powered-
                               powered-lift with a   lift with a
                               passenger seating     passenger seating
                               configuration of 10   configuration of 10
                               seats or more.        seats or more must
                                                     comply with the
                                                     applicable
                                                     requirements under
                                                     part 23 of this
                                                     chapter referenced
                                                     in Sec.
                                                     135.169(b)(8) or
                                                     such airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(x) Section 135.169(d)......  (1) Applies to large  The cargo and
                               powered-lift with a   baggage
                               cargo or baggage      compartments
                               compartment of 200    required by Sec.
                               cubic feet or         135.169(d) must
                               greater.              comply with the
                                                     certification
                                                     provisions listed
                                                     in that paragraph
                                                     or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(y) Section 135.170(b)(1)...  Applies to large      Powered-lift must
                               powered-lift and      comply with
                               paragraph             appropriate
                               (b)(1)(ii) of Sec.    certification
                                135.170 applies to   provisions listed
                               large powered-lift    in Sec.
                               with a passenger      135.170(b)(1) or
                               capacity of 20 or     such airworthiness
                               more.                 criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(z) Section 135.170(b)(2)...  Applies to large      The seat cushions
                               powered-lift.         required by Sec.
                                                     135.170(b)(2) must
                                                     comply with Sec.
                                                     25.853 of this
                                                     chapter or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(aa) Section 135.170(c)(2)..  Applies to large      The seat cushions
                               powered-lift.         required by Sec.
                                                     135.170(c)(2) must
                                                     comply with Sec.
                                                     25.856 of this
                                                     chapter or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(bb) Section 135.178........  Applies to powered-   The additional
                               lift having a         emergency equipment
                               passenger-seating     must comply with
                               configuration of      appropriate
                               more than 19 seats.   certification
                                                     provisions listed
                                                     in Sec.   135.178
                                                     or such
                                                     airworthiness
                                                     criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.

(cc) Section 135.180........  Applies to powered-   The aircraft flight
                               lift with a           manual must contain
                               passenger seat        the information
                               configuration,        outlined in Sec.
                               excluding any pilot   135.180(b).
                               seat, of 10 to 30
                               seats.
(dd) Section 135.203(a).....  Applies to all
                               powered-lift.
(ee) Section 135.205(a).....  Applies to all
                               powered-lift.
(ff) Section 135.209(a).....  Applies to all
                               powered-lift.
(gg) Section 135.225(e).....  Applies to all
                               powered-lift.
(hh) Section 135.227(b)(1)    Applies to all        (1) Powered-lift
 through (3).                  powered-lift.         critical surfaces,
                                                     as outlined in the
                                                     aircraft flight
                                                     manual for that
                                                     aircraft, must also
                                                     be determined to be
                                                     free of frost, ice,
                                                     or snow.
                                                    (2) Powered-lift
                                                     critical surfaces
                                                     under this section
                                                     are determined by
                                                     the manufacturer.
                                                    (3) For IFR and VFR
                                                     flight into certain
                                                     icing conditions,
                                                     see Sec.
                                                     194.308(i).
(ii) Section 135.361(a).....  As applicable to
                               each powered-lift
                               considering size
                               and certification
                               basis.
(jj) Section 135.363(a)       As applicable to
 through (e).                  each powered-lift,
                               regardless of power
                               plant type,
                               considering size
                               and certification
                               basis.
(kk) Section 135.363(f).....  Applies to powered-
                               lift that must
                               comply with Sec.
                               Sec.   135.365
                               through 135.387 as
                               set forth in
                               paragraphs (mm)
                               through (ss) of
                               this section.
(ll) Section 135.379(a) and   Applies to large      The Aircraft Flight
 (d).                          powered-lift.         Manual must contain
                                                     the takeoff weight
                                                     performance
                                                     information.
(mm) Section 135.379(c),      Applies to large      The accelerate-stop
 (e), (f), and (g).            powered-lift          distance required
                               certificated to       by Sec.
                               conduct takeoff       135.179(c)(1) must
                               operations that       comply with Sec.
                               utilize wing-borne    25.109 of this
                               lift as indicated     chapter or such
                               in the aircraft       airworthiness
                               flight manual.        criteria as the FAA
                                                     may find provide an
                                                     equivalent level of
                                                     safety in
                                                     accordance with
                                                     Sec.   21.17(b) of
                                                     this chapter.
(nn) Section 135.381........  Applies to large
                               powered-lift.
(oo) Section 135.383(c).....  Applies to large
                               powered-lift.
(pp) Section 135.385(a).....  Applies to large      The Aircraft Flight
                               powered-lift.         Manual must contain
                                                     the landing weight
                                                     performance
                                                     information.
(qq) Section 135.385(b),      Applies to large      Paragraph (f) of
 (d), (e), and (f).            powered-lift          Sec.   135.385 only
                               certificated to       applies to eligible
                               conduct landing       on-demand
                               operations that       operators.
                               utilize wing-borne
                               lift and that have
                               landing performance
                               information
                               contained in the
                               aircraft flight
                               manual.
(rr) Section 135.387(a) and   Applies to large      (1) Powered-lift
 (b).                          powered-lift          operating under
                               certificated to       Sec.   135.387(a)
                               conduct landing       must be able to
                               operations that       complete a full
                               utilize wing-borne    stop landing within
                               lift and that have    60 percent of the
                               landing performance   effective length of
                               information           the runway.
                               contained in the     (2) Paragraph (b) of
                               aircraft flight       Sec.   135.387 only
                               manual.               applies to eligible
                                                     on-demand
                                                     operators.
(ss) Section 135.397(b).....  Applies to small      The Aircraft Flight
                               powered-lift having   Manual must contain
                               a passenger-seating   the takeoff and
                               configuration of      landing weight
                               more than 19 seats    performance
                               and that utilize      information.
                               wing-borne lift
                               during takeoff and
                               landing.
------------------------------------------------------------------------

Sec.  194.308  Rotorcraft and helicopter provisions under part 135 of
this chapter applicable to powered-lift.

    No person may operate a powered-lift under part 135 unless that
person complies with the regulations listed in the first column of
table 1 to this section, notwithstanding their applicability to
rotorcraft or helicopters, subject to the applicability provisions in
the second column and any additional requirements specified in the
third column.

                        Table 1 to Sec.   194.308
------------------------------------------------------------------------
                                                         Additional
         Regulation               Applicability         requirements
------------------------------------------------------------------------
(a) Section 135.1(a)(9).....  Applies to powered-   ....................
                               lift conducting
                               operations in
                               accordance with
                               subpart L of part
                               135.
(b) Section 135.117(a)(9)...  Applies to powered-   ....................
                               lift conducting
                               operations beyond
                               the autorotational
                               distance from the
                               shoreline, as
                               defined in Sec.
                               135.168(a), or
                               gliding distance of
                               a shoreline.
(c) Section 135.160.........  Applies to all        ....................
                               powered-lift.
(d) Section 135.163(g)......  Applies to all        The two required
                               powered-lift.         generators may be
                                                     mounted on a
                                                     drivetrain that is
                                                     driven by two
                                                     separate
                                                     powerplants as
                                                     outlined in Sec.
                                                     135.163(g) for
                                                     multi-engine
                                                     helicopters.
(e) Section 135.168.........  Applies to powered-   ....................
                               lift operating
                               beyond
                               autorotational
                               distance or gliding
                               distance from the
                               shoreline.
(f) Section 135.181(b)......  Applies to powered-   ....................
                               lift conducting
                               offshore passenger
                               operations.

(g) Section 135.183(d)......  Applies if the        ....................
                               powered-lift is
                               equipped with
                               flotation devices
                               and carrying
                               passengers over
                               water.
(h) Section 135.207.........  Applies if the        ....................
                               powered-lift does
                               not have the flight
                               instrumentation
                               listed in Sec.
                               135.159 installed
                               and operable.
(i) Section 135.227(d)......  Applies to powered-   For critical
                               lift that are type    surfaces
                               certificated and      requirements, see
                               appropriately         Sec.   194.307(ii).
                               equipped for
                               operations in
                               certain icing
                               conditions.
(j) Section                   Applies to powered-   If a powered-lift is
 135.229(b)(2)(ii).            lift taking off or    not landing in
                               landing in vertical-  vertical flight
                               lift flight mode      mode and not
                               and equipped with     equipped with
                               landing lights        landing lights
                               oriented in a         oriented in a
                               direction that        direction that
                               enables the pilot     enables the pilot
                               to see a landing      to see a landing
                               area marked by        area marked by
                               reflective material.  reflective
                                                     material, the
                                                     powered-lift must
                                                     land at an airport
                                                     with boundary or
                                                     runway marker
                                                     lights.
(k) Section 135.271.........  Applies to powered-   ....................
                               lift conducting
                               operations in
                               accordance with
                               subpart L of part
                               135.
(l) Section 135.429(d)......  Applies to powered-   ....................
                               lift that operate
                               in remote areas or
                               sites.
(m) Section 135.601.........  Applies to powered-   ....................
                               lift conducting
                               operations in
                               accordance with
                               subpart L of part
                               135.
(n) Section 135.603.........  Applies to powered-   See Sec.   194.221
                               lift conducting       for references to
                               operations in         class in part 135.
                               accordance with
                               subpart L of part
                               135.
(o) Section 135.605.........  Applies to powered-   Powered-lift must be
                               lift conducting       equipped with a
                               operations in         helicopter terrain
                               accordance with       awareness and
                               subpart L of part     warning system
                               135.                  (HTAWS) that meets
                                                     the requirements in
                                                     Technical Standard
                                                     Order (TSO)-C194
                                                     and Section 2 of
                                                     RTCA DO-309
                                                     (incorporated by
                                                     reference, see Sec.
                                                       194.109) or a FAA-
                                                     approved TAWS A/
                                                     HTAWS hybrid
                                                     system.
(p) Section 135.607.........  Applies to powered-   ....................
                               lift conducting
                               operations in
                               accordance with
                               subpart L of part
                               135.
(q) Section 135.609.........  Applies to powered-   (1) For
                               lift conducting       nonmountainous
                               operations in         local flying areas,
                               accordance with       powered-lift must
                               subpart L of part     comply with the
                               135.                  following weather
                                                     minimums:
                                                    (ii) During day
                                                     operations, a
                                                     ceiling of 800 feet
                                                     and visibility of 2
                                                     SM; and
                                                    (iii) During night
                                                     operations, a
                                                     ceiling of 1500
                                                     feet and visibility
                                                     of 3 SM.
                                                    (2) For
                                                     nonmountainous, non-
                                                     local flying areas,
                                                     powered-lift must
                                                     comply with the
                                                     following weather
                                                     minimums:
                                                    (i) During day
                                                     operations, a
                                                     ceiling of 800 feet
                                                     and visibility of 3
                                                     SM; and
                                                    (ii) During night
                                                     operations, a
                                                     ceiling of 1500
                                                     feet and visibility
                                                     of 3 SM.
                                                    (3) For mountainous
                                                     local flying areas,
                                                     powered-lift must
                                                     comply with the
                                                     following weather
                                                     minimums:
                                                    (i) During day
                                                     operations, a
                                                     ceiling of 800 feet
                                                     and visibility of 3
                                                     SM; and
                                                    (ii) During night
                                                     operations, a
                                                     ceiling of 2500
                                                     feet and visibility
                                                     of 3 SM.
                                                    (4) For mountainous
                                                     non-local flying
                                                     areas, powered-lift
                                                     must comply with
                                                     the following
                                                     weather minimums:
                                                    (i) During day
                                                     operations, a
                                                     ceiling of 1000
                                                     feet and visibility
                                                     of 3 SM; and
                                                    (ii) During night
                                                     operations, a
                                                     ceiling of 2500
                                                     feet and visibility
                                                     of 5 SM.
(r) Section 135.611.........  Applies to powered-   ....................
                               lift conducting
                               operations in
                               accordance with
                               subpart L of part
                               135.
(s) Section 135.613.........  Applies to powered-   (1) Section
                               lift conducting       135.613(a)(1) only
                               operations in         applies to powered-
                               accordance with       lift equipped and
                               subpart L of part     certified to
                               135.                  conduct PinS
                                                     approaches
                                                     annotated with a
                                                     ``Proceed VFR''
                                                     segment.
                                                    (2) The applicable
                                                     weather minimums
                                                     under Sec.
                                                     135.613(a)(2) are:
                                                    (i) For Day
                                                     Operations: No less
                                                     than a 1000-foot
                                                     ceiling and 2
                                                     statute miles
                                                     flight visibility;
                                                     and
                                                    (ii) For Night
                                                     Operations: No less
                                                     than a 1500-foot
                                                     ceiling and 3
                                                     statute miles
                                                     flight visibility.
                                                    (3) Under Sec.
                                                     135.613, the VFR
                                                     weather minimums
                                                     outlined in
                                                     paragraphs
                                                     (b)(1)(ii)(A) and
                                                     (B) apply.

(t) Section 135.615.........  Applies to powered-   (1) Under Sec.
                               lift conducting       135.615, the
                               operations in         minimums outlined
                               accordance with       in paragraphs
                               subpart L of part     (a)(3)(ii)(A) and
                               135.                  (B) apply.
                                                    (2) Under Sec.
                                                     135.615(b)(1) and
                                                     (2), while
                                                     conducting VFR
                                                     operations, the
                                                     pilot in command
                                                     must ensure that
                                                     all terrain and
                                                     obstacles along the
                                                     route of flight are
                                                     cleared vertically
                                                     by no less than the
                                                     following:
                                                    (i) During the day,
                                                     500 feet above the
                                                     surface or 500 feet
                                                     horizontally from
                                                     any obstacle; or
                                                    (ii) At night, at an
                                                     altitude of 1,000
                                                     feet above the
                                                     highest obstacle
                                                     within a horizontal
                                                     distance of 5 miles
                                                     from the course
                                                     intended to be
                                                     flown or, in
                                                     designated
                                                     mountainous
                                                     terrain, 2,000 feet
                                                     above the highest
                                                     obstacle within a
                                                     horizontal distance
                                                     of 5 miles from the
                                                     course intended to
                                                     be flown.
(u) Section 135.617.........  Applies to powered-   ....................
                               lift conducting
                               operations in
                               accordance with
                               subpart L this part
                               135.
(v) Section 135.619.........  Applies to powered-   ....................
                               lift operators with
                               10 or more powered-
                               lift, helicopters,
                               or any combination
                               thereof, assigned
                               to the certificate
                               holder's operations
                               specifications for
                               air ambulance
                               operations.
(w) Section 135.621.........  Applies to powered-   ....................
                               lift conducting
                               operations in
                               accordance with
                               subpart L of part
                               135.
------------------------------------------------------------------------

Sec.  194.309  Applicability of rules for eligible on-demand
operations.

    No person may operate a powered-lift in an eligible on-demand
operation under part 135 of this chapter without complying with the
requirements specified for the second in command of a fixed-wing
aircraft contained in Sec.  135.4(a)(3) of this chapter.

Sec.  194.310  Applicability of national air tour safety standards
under part 136 of this chapter to powered-lift.

    (a) No person may operate a powered-lift under part 136 without
complying with the requirements specified for airplanes contained in
the following regulations in part 136:
    (1) Section 136.9(b)(2) applies to powered-lift operating in wing-
borne flight mode within power-off gliding distance to the shoreline.
    (2) [Reserved]
    (b) No person may operate a powered-lift under part 136 without
complying with the requirements specified for helicopter or rotorcraft
contained in the following regulations in part 136:
    (1) Suitable landing area, as defined in Sec.  136.1, applies to
powered-lift conducting commercial air tours;
    (2) Section 136.11(a)(2), (b), and (c) apply to powered-lift
operating in vertical-lift flight mode while conducting commercial air
tours over water beyond the auto-rotational or gliding distance from
the shoreline;
    (3) Section 136.13; and
    (4) Appendix A to part 136 as follows:
    (i) Section 3 applies to all powered-lift operators conducting air
tours in Hawaii beyond the shore of any island;
    (ii) Section 4; and
    (iii) Section 5 applies to powered-lift with aircraft flight
manuals containing height velocity information.

Sec.  194.311  Applicability of flight instruction; Simulated
instrument flight.

    The requirement to hold the appropriate category and class rating
in Sec.  91.109(c)(1)(i) of this chapter is not applicable to
operations conducted to meet alternate aeronautical experience
requirements set forth in Sec. Sec.  194.225, 194.227, and 194.229.

Sec.  194.312  Powered-lift in vertical-lift flight mode, flight
recorder specifications under part 91 of this chapter.

                                            Table 1 to Sec.   194.312
----------------------------------------------------------------------------------------------------------------
                                                     Installed system
                                                       \1\ minimum     Sampling interval
           Parameters                  Range           accuracy (to       (per second)     Resolution 3 read out
                                                     recovered data)
----------------------------------------------------------------------------------------------------------------
Relative Time (From Recorded on  4 hr minimum.....  0.125% per
                                                     hour.
Indicated Airspeed.............  VM in to VD        5% or  1................  1 kt.
                                  (KIAS) (minimum    10
                                  airspeed signal    kts., whichever
                                  attainable with    is greater.
                                  installed pilot-
                                  static system).
Altitude.......................  -1,000 ft. to      100    1................  25 to 150 ft.
                                  20,000 ft.         to 700 ft.
                                  altitude.          (see Table 1,
                                                     TSO C51-a).
Magnetic Heading...............  360[deg].........  5[deg].
Vertical Acceleration..........  -3g to + 6g......  0.2g   4 (or 1 per        0.05g.
                                                     in addition to     second where
                                                     0.3g   peaks, ref. to
                                                     maximum datum.     1g are recorded).
Longitudinal Acceleration......  1.0g.  1.5%   2................  0.03g.
                                                     max. range
                                                     excluding datum
                                                     error of 5%.
Pitch Attitude.................  100% of usable     2[deg].
Roll Attitude..................  60 or  2[deg].
                                  range, whichever
                                  is greater.
Altitude Rate..................  8,000  10%    1................  250 fpm below 12,000.
                                  fpm.               Resolution 250
                                                     fpm below 12,000
                                                     ft. indicated.
Engine Power, Each Engine:
    Main Rotor Speed...........  Maximum Range....  5%...  1................  1%.\2\

    Free or Power Turbine......  Maximum Range....  5%...  1................  1%.\2\
    Engine Torque..............  Maximum Range....  5%...  1................  1%.\2\
Flight Control Hydraulic
 Pressure:
    Primary (Discrete).........  High/Low.........  .................  1................
    Secondary--if applicable     High/Low.........  .................  1................
     (Discrete).
    Radio Transmitter Keying     On/Off...........  .................  1................
     (Discrete).
    Autopilot Engaged            Engaged or         .................  1................
     (Discrete).                  Disengaged.
    SAS Status--Engaged          Engaged or         .................  1................
     (Discrete).                  Disengaged.
    SAS Fault Status (Discrete)  Fault/OK.........  .................  1................
Flight Controls:
    Pilot Inputted--Primary      Full range.......  3%...  2................  1%.\2\
     Controls (i.e., Ascent,
     descent, acceleration and
     deceleration, heading and
     directional control for
     all axis).
    Controllable Stabilator      Full range.......  3%...  2................  1%.\2\
     Position.
----------------------------------------------------------------------------------------------------------------
\1\ When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the
  recording system excluding these sensors (but including all other characteristics of the recording system)
  shall contribute no more than half of the values in this column.
\2\ Percent of full range.

Sec.  194.313  Powered-lift in wing-borne flight mode, flight recorder
specifications under part 91 of this chapter.

                                            Table 1 to Sec.   194.313
----------------------------------------------------------------------------------------------------------------
                                                     Installed system
                                                       \1\ minimum     Sampling interval
           Parameters                  Range           accuracy (to       (per second)      Resolution read out
                                                     recovered data)
----------------------------------------------------------------------------------------------------------------
Relative Time (From Recorded on  8 hr minimum.....  0.125% per
                                                     hour.
Indicated Airspeed.............  Vso to VD (KIAS).  5% or  1................  1%.\3\
                                                     10
                                                     kts., whichever
                                                     is greater.
                                                     Resolution 2
                                                     kts. below 175
                                                     KIAS.
Altitude.......................  -1,000 ft. to max  100    1................  25 to 150 ft.
                                  cert. alt. of A/   to 700 ft.
                                                     (see Table 1,
                                                     TSO C51-a).
Magnetic Heading...............  360[deg].........  5[deg].
Vertical Acceleration..........  -3g to + 6g......  0.2g   4 (or 1 per        0.03g.
                                                     in addition to     second where
                                                     0.3g   peaks, ref. to
                                                     maximum datum.     1g are recorded).
Longitudinal Acceleration......  1.0g.  1.5%   2................  0.01g.
                                                     max. range
                                                     excluding datum
                                                     error of 5%.
Pitch Attitude.................  100% of usable...  2[deg].
Roll Attitude..................  60[deg] or   minus>2[deg].
                                  100% of usable
                                  range, whichever
                                  is greater.
Stabilizer Trim Position, or     Full Range.......  3%     1................  1%.\3\
 Pitch Control Position.                             unless higher
                                                     uniquely
                                                     required.
Engine Power, Each Engine......  Full Range.......  3%     1................  1%.\3\
                                                     unless higher
                                                     uniquely
                                                     required.
Fan or N\1\ Speed or EPR or      Maximum Range....  5%...  1................  1%.\3\
 Cockpit indications Used for
 Aircraft Certification OR.
Prop. speed and Torque (Sample   .................  .................  1 (prop Speed)...  1%.\3\
 Once/Sec as Close together as                                         1 (torque).......  1%.\3\
 Practicable).
Altitude Rate \2\ (need depends  8,000  10%.   1................  250 fpm. below 12,000.
 on altitude resolution).         fpm.               Resolution 250
                                                     fpm below 12,000
                                                     ft. indicated.
Angle of Attack \2\ (need        -20[deg] to        2[deg].
 resolution).                     of usable range.
Radio Transmitter Keying         On/Off...........  .................  1................
 (Discrete).
TE Flaps (Discrete or Analog)..  Each discrete      .................  1................
                                  position (U, D,
                                  T/O, AAP) OR.
LE Flaps (Discrete or Analog)..  Analog 0-100%      3%...  1................  1%.\3\
                                  range.
                                 Each discrete      .................  1................
                                  position (U, D,
                                  T/O, AAP) OR.
Thrust Reverser, Each Engine     Analog 0-100%      3[deg].
                                 Stowed or full
                                  reverse.
Spoiler/Speedbrake (Discrete)..  Stowed or out....  .................  1................
Autopilot Engaged (Discrete)...  Engaged or         .................  1................
                                  Disengaged.
----------------------------------------------------------------------------------------------------------------
\1\ When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the
  recording system excluding these sensors (but including all other characteristics of the recording system)
  shall contribute no more than half of the values in this column.
\2\ If data from the altitude encoding altimeter (100 ft. resolution) is used, then either one of these
  parameters should also be recorded. If, however, altitude is recorded at a minimum resolution of 25 feet, then
  these two parameters can be omitted.
\3\ Percent of full range.

Sec.  194.314  Powered-lift in vertical-lift flight mode, flight
recorder specifications under part 135 of this chapter.

                                            Table 1 to Sec.   194.314
----------------------------------------------------------------------------------------------------------------
                                                     Installed system
                                                       \1\ minimum     Sampling interval
           Parameters                  Range           accuracy (to       (per second)      Resolution read out
                                                     recovered data)
----------------------------------------------------------------------------------------------------------------
Relative time (from recorded on  25 hr minimum....  0.125% per
                                                     hour.
Indicated airspeed.............  Vm in to VD        5% or  1................  1 kt.
                                  (KIAS) (minimum    10
                                  airspeed signal    kts., whichever
                                  attainable with    is greater.
                                  installed pilot-
                                  static system).
Altitude.......................  -1,000 ft. to      100    1................  25 to 150 ft.
                                  20,000 ft.         to 700 ft.
                                  altitude.          (see Table 1,
                                                     TSO C51-a).
Magnetic heading...............  360[deg].........  5[deg].
Vertical acceleration..........  -3g to + 6g......  0.2g   4 (or 1 per        0.05g.
                                                     in addition to     second where
                                                     0.3g   peaks, ref. to
                                                     maximum datum.     1g are recorded).
Longitudinal acceleration......  1.0g.  1.5%   2................  0.03g.
                                                     max. range
                                                     excluding datum
                                                     error of 5%.
Pitch attitude.................  100% of usable     2[deg].
Roll attitude..................  60[deg] or   minus>2[deg].
                                  100% of usable
                                  range, whichever
                                  is greater.
Altitude rate..................  8,000  10%    1................  250 fpm below 12,000.
                                  fpm.               Resolution 250
                                                     fpm below 12,000
                                                     ft. indicated.
Engine Power, Each Engine:
    Main rotor speed...........  Maximum range....  5%...  1................  1%.\2\
    Free or power turbine......  Maximum range....  +5%..............  1................  1%.\2\
    Engine torque..............  Maximum range....  5%...  1................  1%.\2\
Flight Control--Hydraulic
 Pressure:
    Primary (discrete).........  High/low.........  .................  1................  ......................
    Secondary--if applicable     High/low.........  .................  1................  ......................
     (discrete).
    Radio transmitter keying     On/off...........  .................  1................  ......................
     (discrete).
    Autopilot engaged            Engaged or         .................  1................  ......................
     (discrete).                  disengaged.
    SAS status--engaged          Engaged/           .................  1................  ......................
     (discrete).                  disengaged.
    SAS fault status (discrete)  Fault/OK.........  .................  1................  ......................
Flight Controls:
    Primary Controls (I.E.       Full range.......  3%...  2................  1%.\2\
     Ascent, descent,
     acceleration and
     deceleration, heading and
     directional control for
     all axis) \3\.
    Controllable Stabilator      Full range.......  3%...  2................  1%.\2\
     Position \3\.
----------------------------------------------------------------------------------------------------------------
\1\ When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the
  recording system excluding these sensors (but including all other characteristics of the recording system)
  shall contribute no more than half of the values in this column.
\2\ Percent of full range.
\3\ For all aircraft manufactured on or after December 6, 2010, the sampling interval per second is 4.

Sec.  194.315  Powered-lift in wing-borne flight mode, flight recorder
specification under part 135 of this chapter.

                                            Table 1 to Sec.   194.315
----------------------------------------------------------------------------------------------------------------
                                                     Installed system
                                                       \1\  minimum    Sampling interval
           Parameters                  Range          accuracy  (to       (per second)      Resolution read out
                                                     recovered data)
----------------------------------------------------------------------------------------------------------------
Relative time (from recorded on  25 hr minimum....  0.125% per
                                                     hour.
Indicated airspeed.............  Vso to VD (KIAS).  5% or  1................  1%.\3\
                                                     10
                                                     kts., whichever
                                                     is greater.
                                                     Resolution 2
                                                     kts. below 175
                                                     KIAS.
Altitude.......................  -1,000 ft. to max  100    1................  25 to 150.
                                  cert. alt. of A/   to 700 ft.
                                                     (see Table 1,
                                                     TSO C51-a).
Magnetic heading...............  360[deg].........  5[deg].
Vertical acceleration..........  -3g to + 6g......  0.2g   4 (or 1 per        0.03g.
                                                     in addition to     second where
                                                     0.3g   peaks, ref. to
                                                     maximum datum.     1g are recorded).
Longitudinal acceleration......  1.0g.  1.5%   2................  0.01g.
                                                     max. range
                                                     excluding datum
                                                     error of 5%.
Pitch attitude.................  100% of usable...  2[deg].
Roll attitude..................  60[deg] or   minus>2[deg].
                                  100% of usable
                                  range, whichever
                                  is greater.
Stabilizer trim position;......  Full range.......  3%     1................  1%.\3\
Or.............................                      unless higher
                                                     uniquely
                                                     required.
Pitch control position.........  Full range.......  3%     1................  1%.\3\
                                                     unless higher
                                                     uniquely
                                                     required.
Engine Power, Each Engine:
    Fan or N1 speed or EPR or    Maximum range....  5%...  1................  1%.\3\
     cockpit indications used
     for aircraft
     certification; Or

    Prop. speed and torque       .................  .................  1 (prop speed), 1  ......................
     (sample once/sec as close                                          (torque).
     together as practicable).
    Altitude rate \2\ (need      8,000  10%.   1................  250 fpm Below 12,000.
     depends on altitude          fpm.               Resolution 250
     resolution).                                    fpm below 12,000
                                                     ft. indicated.
    Angle of attack \2\ (need    -20[deg] to        2[deg].
     resolution).                 usable range.
    Radio transmitter keying     On/off...........  .................  1................  ......................
     (discrete).
    TE flaps (discrete or        Each discrete      .................  1................  ......................
     analog).                     position (U, D,
                                  T/O, AAP); Or
                                 Analog 0-100%      3[deg].
    LE flaps (discrete or        Each discrete      .................  1................  ......................
     analog).                     position (U, D,
                                  T/O, AAP); Or
                                 Analog 0-100%      3[deg].
    Thrust reverser, each        Stowed or full     .................  1................  ......................
     engine (Discrete).           reverse.
    Spoiler/speedbrake           Stowed or out....  .................  1................  ......................
     (discrete).
    Autopilot engaged            Engaged or         .................  1................  ......................
     (discrete).                  disengaged.
----------------------------------------------------------------------------------------------------------------
\1\ When data sources are aircraft instruments (except altimeters) of acceptable quality to fly the aircraft the
  recording system excluding these sensors (but including all other characteristics of the recording system)
  shall contribute no more than half of the values in this column.
\2\ If data from the altitude encoding altimeter (100 ft. resolution) is used, then either one of these
  parameters should also be recorded. If, however, altitude is recorded at a minimum resolution of 25 feet, then
  these two parameters can be omitted.
\3\ Percent of full range.

Subpart D--Maintenance, Preventive Maintenance, Rebuilding, and
Alteration Requirements for Powered-lift under Part 43 of this
Chapter

Sec.  194.401  Applicability.

    Unless otherwise specified by this part, powered-lift must continue
to comply with rules applicable to all aircraft in part 43 of this
chapter.

Sec.  194.402  Maintenance provisions.

    The following maintenance provisions under part 43 of this chapter
that pertain to rotorcraft also apply to powered-lift:
    (a) Section 43.3(h) of this chapter applies to certificate holders
operating powered-lift under part 135 of this chapter in a remote area;
and
    (b) In lieu of complying with Sec.  43.15(b) of this chapter, each
person performing an inspection required by part 91 of this chapter on
a powered-lift shall inspect critical parts in accordance with the
maintenance manual or Instruction for Continuous Airworthiness, or as
otherwise approved by the Administrator.
    (1) A ``critical part'' has the same meaning as provided in
Sec. Sec.  27.602 and 29.602 of this chapter.
    (2) [Reserved]

    Issued under authority provided by 49 U.S.C. 106(f), 40113,
44701-44705, 44707, 44712, 44713, 44715, 44722, and 44730 in
Washington, DC, on May 22, 2023.
David H. Boulter,
Acting Associate Administrator for Aviation Safety.
[FR Doc. 2023-11497 Filed 6-7-23; 11:15 am]
BILLING CODE 4910-13-P


[Federal Register Volume 86, Number 103 (Tuesday, June 1, 2021)]
[Rules and Regulations]
[Pages 29205-29207]
[FR Doc No: 2021-11401]

=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R03-OAR-2020-0553; FRL-10023-65-Region 3]

Air Plan Approval; Pennsylvania; 1997 8-Hour Ozone National
Ambient Air Quality Standard Second Maintenance Plan for the Erie Area

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The Environmental Protection Agency (EPA) is approving a state
implementation plan (SIP) revision submitted by the Commonwealth of
Pennsylvania. The revision pertains to the Commonwealth's plan,
submitted by the Pennsylvania Department of Environmental Protection
(PADEP), for maintaining the 1997 8-hour ozone national ambient air
quality standard (NAAQS) (referred to as the ``1997 ozone NAAQS'') in
the Erie, Pennsylvania area (``Erie Area''). EPA is approving these
revisions to the Pennsylvania SIP in accordance with the requirements
of the Clean Air Act (CAA).

DATES: This final rule is effective on July 1, 2021.

ADDRESSES: EPA has established a docket for this action under Docket ID
Number EPA-R03-OAR-2020-0553. All documents in the docket are listed on
the https://www.regulations.gov website. Although listed in the index,
some information is not publicly available, e.g., confidential business
information (CBI) or other information whose disclosure is restricted
by statute. Certain other material, such as copyrighted material, is
not placed on the internet and will be publicly available only in hard
copy form. Publicly available docket materials are available through
https://www.regulations.gov, or please contact the person identified in
the For Further Information Contact section for additional availability
information.

FOR FURTHER INFORMATION CONTACT: Serena Nichols, Planning &
Implementation Branch (3AD30), Air & Radiation Division, U.S.
Environmental Protection Agency, Region III, 1650 Arch Street,
Philadelphia, Pennsylvania 19103. The telephone number is (215) 814-
2053. Ms. Nichols can also be reached via electronic mail at
<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Background

    On February 9, 2021 (86 FR 8722), EPA published a notice of
proposed rulemaking (NPRM). In the NPRM, EPA proposed approval of
Pennsylvania's plan for maintaining the 1997 ozone NAAQS in the Erie
Area through November 8, 2027, in accordance with CAA section 175A. The
formal SIP revision was submitted by PADEP on February 27, 2020.

II. Summary of SIP Revision and EPA Analysis

    On October 9, 2007 (72 FR 57207, effective November 8, 2007), EPA
approved a redesignation request (and maintenance plan) from PADEP for
the Erie Area. In accordance with CAA section 175A(b), at the end of
the eighth year after the effective date of the redesignation, the
state must also submit a second maintenance plan to ensure ongoing
maintenance of the standard for an additional 10 years, and in South
Coast Air Quality Management District v. EPA,\1\ the D.C. Circuit held
that this requirement cannot be waived for areas, like the Erie Area,
that had been redesignated to attainment for the 1997 8-hour ozone
NAAQS prior to revocation and that were designated attainment for the
2008 ozone NAAQS. CAA section 175A sets forth the criteria for adequate
maintenance plans. In addition, EPA has published longstanding guidance
that provides further insight on the content of an approvable
maintenance plan, explaining that a maintenance plan should address
five elements: (1) An attainment emissions inventory; (2) a maintenance
demonstration; (3) a commitment for continued air quality monitoring;
(4) a process for verification of continued attainment; and (5) a
contingency plan.\2\ PADEP's February 27, 2020 submittal fulfills
Pennsylvania's obligation to submit a second maintenance plan and
addresses each of the five necessary elements.
---------------------------------------------------------------------------

    \1\ 882 F.3d 1138 (D.C. Cir. 2018).
    \2\ ``Procedures for Processing Requests to Redesignate Areas to
Attainment,'' Memorandum from John Calcagni, Director, Air Quality
Management Division, September 4, 1992 (Calcagni Memo).
---------------------------------------------------------------------------

    As discussed in the February 9, 2021 NPRM, EPA allows the submittal
of a limited maintenance plan (LMP) to meet the statutory requirement
that the area will maintain for the statutory period. Qualifying areas
may meet the maintenance demonstration by showing that the area's
design value \3\ is well below the NAAQS and that the historical
stability of the area's air quality levels indicates that the area is
unlikely to violate the NAAQS in the future. EPA evaluated PADEP's
February 27, 2020 submittal for consistency with all applicable EPA
guidance and CAA requirements. EPA found that the submittal met CAA
section 175A and all CAA requirements, and proposed approval of the LMP
for the Erie Area as a revision to the Pennsylvania SIP. Other specific
requirements of PADEP's February 27, 2020 submittal and the rationale
for EPA's proposed action are explained in the NPRM and will not be
restated here.
---------------------------------------------------------------------------

    \3\ The ozone design value for a monitoring site is the 3-year
average of the annual fourth-highest daily maximum 8-hour average
ozone concentrations. The design value for an ozone nonattainment
area is the highest design value of any monitoring site in the area.
---------------------------------------------------------------------------

III. EPA's Response to Comments Received

    EPA received four comments on the February 9, 2021 NPRM but only
one that was adverse and relevant to this action. All comments are in
the docket for this rule action. A summary of the relevant adverse
comment and EPA's response is provided herein.
    Comment: The commenter asserts that the LMP should not be approved
because ``Pennsylvania identifies no actual contingency measures.''
According to the commenter, a ``contingency measure is supposed to be a
known measure that can be quickly implemented by a state in order to
prevent the violation of the NAAQS.'' The comment asserts that the
plan's current contingency measures are defective because they
allegedly will not be evaluated and determined until after an
exceedance of the NAAQS has

occurred. The comment claims that EPA is aware Pennsylvania has a
history of not meeting its CAA requirements on time, and that it can
take Pennsylvania more than two years to implement a regulation, which
would be too long to prevent a violation of the NAAQS.
    Response: The commenter asserts that Pennsylvania identifies no
actual contingency measures because the measures are not yet
``evaluated'' and ``determined'' and cannot be implemented before a
violation of the NAAQS occurs. Because Pennsylvania identifies two
regulatory and six non-regulatory contingency measures in general
terms, EPA understands the comment's use of the term ``evaluated'' and
``determined'' must mean something like the specific measures
identified by PADEP have not been fully promulgated and are not in
effect at this time. If EPA's understanding is correct, EPA agrees with
this fact, but does not agree that this has any bearing on the
approvability of the particular contingency measures or of the overall
LMP.
    PADEP identifies six non-regulatory measures and two regulatory
measures. The two regulatory measures are ``additional controls'' on
consumer products and portable fuel containers. The six non-regulatory
measures are: Voluntary diesel engine ``chip reflash;'' diesel retrofit
for public or private local onroad or offroad fleets; idling reduction
technology for Class 2 yard locomotives; idling technologies or
strategies for truck stops, warehouses, and other freight-handling
facilities; accelerated turnover of lawn and garden equipment;
additional promotion of alternative fuel for home heating and
agriculture use. As stated in the Calcagni memo, EPA's long-standing
interpretation is that contingency measures for maintenance of the
NAAQS are not required to be fully adopted in order to be approved. The
commenter refers to a recent court case vacating, among other things,
the contingency measure provisions in EPA's rule for implementing the
2015 ozone NAAQS, Sierra Club v. EPA, No. 15-1465 (D.C. Cir. January
29, 2021). It is possible that the commenter has conflated the
contingency measure provisions at issue in that case, which pertained
to attainment plans, and those at issue in this LMP, which pertain to
maintenance plans. The contingency measure provisions for maintenance
and attainment are found in two different sections of the CAA, with
substantially different wording and requirements. The attainment plan
contingency measures provisions in CAA Section 172(c)(9) require that
the attainment plan have ``specific measures'' that can ``take effect
in any such case without further action by the State or the
Administrator'' if the area fails to make reasonable further progress
or attain the NAAQS. 42 U.S.C. 7502(c)(9). Section 175A of the CAA sets
forth the contingency measure requirements for maintenance areas.
Section 175A(d) requires that the maintenance plan contain ``such
contingency provisions as the Administrator deems necessary to assure
that the State will promptly correct any violation of the standard
which occurs after the redesignation of the area as an attainment
area.'' 42 U.S.C. 7505a(d). Unlike Section 172(c)(9), there is not
requirement under section 175A that the contingency measures be set
forth with specificity or that they be able to take effect without
further action by EPA or the State.
    With this statutory background in mind, EPA does not agree that the
plan should be disapproved due to PADEP's ability to promulgate a
contingency measure in sufficient time to avert a violation of the
NAAQS. As noted previously, CAA section 175A(d) mandates that a
maintenance plan must contain ``such contingency provisions as the
Administrator deems necessary to assure that the State will promptly
correct any violation of the standard which occurs after the
redesignation of the area as an attainment area.'' (emphasis added).
The statute therefore does not include any requirement that a
maintenance plan's contingency measures prevent a violation of the
NAAQS, but rather only that those selected measures be available to
address a violation of the NAAQS after it already occurs. Pennsylvania
also elected to adopt a ``warning level response,'' which states that
PADEP will consider adopting contingency measures if, for two
consecutive years, the fourth highest eight-hour ozone concentrations
at any monitor in the area are above 84 parts per billion (ppb). But
this warning level response is not required under the CAA, and
therefore we do not agree with the commenter that the plan should be
disapproved based on the commenter's concern over the timeliness of the
warning level response implementation.
    Moreover, as a general matter, we do not agree that the schedules
for implementation of contingency provisions in the LMP are
insufficient. As noted, the CAA provides some degree of flexibility in
assessing a maintenance plan's contingency measures--requiring that the
plan contain such contingency provisions ``as the Administrator deems
necessary'' to assure that any violations of the NAAQS will be
``promptly'' corrected. EPA's longstanding guidance for redesignations,
the Calcagni Memo, also does not provide precise parameters for what
strictly constitutes ``prompt'' implementation of contingency measures,
noting that, for purposes of CAA section 175A, ``a state is not
required to have fully adopted contingency measures that will take
effect without further action by the state in order for the maintenance
plan to be approved.'' Calcagni memo at 12. However, the guidance does
state that the plan should ensure that the measures are adopted
``expediently'' once they are triggered, and should provide ``a
schedule and procedure for adoption and implementation, and a specific
time limit for action by the state.'' Id. We think the state's plan,
which provides specific lists of regulatory and non-regulatory measures
that the state would consider after evaluating and assessing what it
believed to be the cause of increased ozone concentrations, and the
specific timeframes it would use to expediently implement the various
measures, meets the requirements of CAA section 175A.

IV. Final Action

    EPA is approving PADEP's second maintenance plan for the Erie Area
for the 1997 ozone NAAQS as a revision to the Pennsylvania SIP.

V. Statutory and Executive Order Reviews

A. General Requirements

    Under the CAA, the Administrator is required to approve a SIP
submission that complies with the provisions of the CAA and applicable
Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). Thus, in
reviewing SIP submissions, EPA's role is to approve state choices,
provided that they meet the criteria of the CAA. Accordingly, this
action merely approves state law as meeting Federal requirements and
does not impose additional requirements beyond those imposed by state
law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to
review by the Office of Management and Budget under Executive Orders
12866 (58 FR 51735, October 4, 1993) and 13563 (76 FR 3821, January 21,
2011);
     Does not impose an information collection burden under the
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact
on a substantial number of small entities

under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.);
     Does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Pub. L. 104-4);
     Does not have Federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based
on health or safety risks subject to Executive Order 13045 (62 FR
19885, April 23, 1997);
     Is not a significant regulatory action subject to
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) because application of those requirements would be inconsistent
with the CAA; and
     Does not provide EPA with the discretionary authority to
address, as appropriate, disproportionate human health or environmental
effects, using practicable and legally permissible methods, under
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as
specified by Executive Order 13175 (65 FR 67249, November 9, 2000),
because the SIP is not approved to apply in Indian country located in
the State, and EPA notes that it will not impose substantial direct
costs on tribal governments or preempt tribal law.

B. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the
Small Business Regulatory Enforcement Fairness Act of 1996, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. EPA will submit a report containing this action and
other required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States prior
to publication of the rule in the Federal Register. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).

C. Petitions for Judicial Review

    Under section 307(b)(1) of the CAA, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by August 2, 2021. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this action for the purposes of judicial review nor
does it extend the time within which a petition for judicial review may
be filed, and shall not postpone the effectiveness of such rule or
action. This action, approving PADEP's second maintenance plan for the
Erie Area for the 1997 ozone NAAQS, may not be challenged later in
proceedings to enforce its requirements. (See section 307(b)(2).)

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: May 19, 2021.
Diana Esher,
Acting Regional Administrator, Region III.

    For the reasons stated in the preamble, the EPA amends 40 CFR part
52 as follows:

PART 52--APPROVAL AND PROMULGATION OF IMPLEMENTATION PLANS

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart NN--Pennsylvania

0
2. In Sec.  52.2020, the table in paragraph (e)(1) is amended by adding
an entry for ``Second Maintenance Plan for the Erie 1997 8-Hour Ozone
Nonattainment Area'' at the end of the table to read as follows:

Sec.  52.2020   Identification of plan.

* * * * *
    (e) * * *
    (1) * * *

----------------------------------------------------------------------------------------------------------------
                                                                State
   Name of non-regulatory SIP       Applicable geographic     submittal    EPA approval date      Additional
            revision                        area                date                              explanation
----------------------------------------------------------------------------------------------------------------

                                                  * * * * * * *
Second Maintenance Plan for the   Erie Area...............      2/27/20   6/1/21, [insert     The Erie area
 Erie 1997 8-Hour Ozone                                                    Federal Register    consists solely
 Nonattainment Area.                                                       citation].          of Erie County.
----------------------------------------------------------------------------------------------------------------

* * * * *
[FR Doc. 2021-11401 Filed 5-28-21; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register Volume 76, Number 147 (Monday, August 1, 2011)]
[Proposed Rules]
[Pages 45713-45715]
[FR Doc No: 2011-19330]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2011-0720; Directorate Identifier 2010-NM-252-AD]
RIN 2120-AA64

Airworthiness Directives; Bombardier Inc. Model DHC-8-400 Series
Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to adopt a new airworthiness directive (AD) for the
products listed above. This proposed AD results from mandatory
continuing airworthiness information (MCAI) originated by an aviation
authority of another country to identify and correct an unsafe
condition on an aviation product. The MCAI describes the unsafe
condition as:

    There has been one reported incident where the main landing gear
(MLG) failed to extend during testing of the MLG alternate release
system. Investigation revealed that the door release lever bushing
was worn, causing an increase in the lateral movement of the release
cable system. An increase in free-play within the release cable
system would cause additional wear to the door release lever bushing
and may lead to the turnbuckle fouling against the nacelle frame.
The bushing wear at the door release lever and turnbuckle fouling
could cause a failure in the alternate release system, preventing
the landing gear from extending in the case of a failure of the
normal MLG extension/retraction system.
* * * * *
The unsafe condition is loss of control during landing. The proposed AD
would require actions that are intended to address the unsafe condition
described in the MCAI.

DATES: We must receive comments on this proposed AD by September 15,
2011.

ADDRESSES: You may send comments 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: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W12-40, 1200 New
Jersey

Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
    For service information identified in this proposed AD, contact
Bombardier Inc., Q-Series Technical Help Desk, 123 Garratt Boulevard,
Toronto, Ontario M3K 1Y5, Canada; telephone<PHONE_NUMBER>; fax 416-375-
4539; e-mail<EMAIL_ADDRESS>Internet http://www.bombardier.com. You may review copies of the referenced service
information at the FAA, Transport Airplane Directorate, 1601 Lind
Avenue, SW., Renton, Washington. 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; or in person at the Docket Operations office
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 Operations office (telephone<PHONE_NUMBER>) is
in the ADDRESSES section. Comments will be available in the AD docket
shortly after receipt.

FOR FURTHER INFORMATION CONTACT: Fabio Buttitta, Aerospace Engineer,
Airframe and Mechanical Systems Branch, ANE-171, FAA, New York Aircraft
Certification Office, 1600 Stewart Avenue, Suite 410, Westbury, New
York 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or
arguments about this proposed AD. Send your comments to an address
listed under the ADDRESSES section. Include ``Docket No. FAA-2011-0720;
Directorate Identifier 2010-NM-252-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 based on 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

    Transport Canada Civil Aviation (TCCA), which is the aviation
authority for Canada, has issued Canadian Airworthiness Directive CF-
2010-26, dated August 17, 2010 (referred to after this as ``the
MCAI''), to correct an unsafe condition for the specified products. The
MCAI states:

    There has been one reported incident where the main landing gear
(MLG) failed to extend during testing of the MLG alternate release
system. Investigation revealed that the door release lever bushing
was worn, causing an increase in the lateral movement of the release
cable system. An increase in free-play within the release cable
system would cause additional wear to the door release lever bushing
and may lead to the turnbuckle fouling against the nacelle frame.
The bushing wear at the door release lever and turnbuckle fouling
could cause a failure in the alternate release system, preventing
the landing gear from extending in the case of a failure of the
normal MLG extension/retraction system.
    This directive is to mandate the incorporation of a new
maintenance task to prevent excessive free-play of the turnbuckle
and cable within the alternate release system.

The unsafe condition is loss of control during landing. You may obtain
further information by examining the MCAI in the AD docket.

Relevant Service Information

    Bombardier has issued Temporary Revision (TR) MRB-46, dated
February 4, 2010, to Section 1-32, Systems/Powerplant Maintenance
Program, of the Maintenance Review Board (MRB) Report Part 1, of the
Bombardier Q400 Dash 8 Maintenance Requirements Manual, PSM 1-84-7. The
actions described in this service information are intended to correct
the unsafe condition identified in the MCAI.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another
country, and is approved for operation in the United States. Pursuant
to our bilateral agreement with the State of Design Authority, we have
been notified of the unsafe condition described in the MCAI and service
information referenced above. We are proposing this AD because we
evaluated all pertinent information and determined an unsafe condition
exists and is likely to exist or develop on other products of the same
type design.

Differences Between This AD and the MCAI or Service Information

    We have reviewed the MCAI and related service information and, in
general, agree with their substance. But we might have found it
necessary to use different words from those in the MCAI to ensure the
AD is clear for U.S. operators and is enforceable. In making these
changes, we do not intend to differ substantively from the information
provided in the MCAI and related service information.
    We might also have proposed different actions in this AD from those
in the MCAI in order to follow FAA policies. Any such differences are
highlighted in a NOTE within the proposed AD.

Costs of Compliance

    Based on the service information, we estimate that this proposed AD
would affect about 65 products of U.S. registry. We also estimate that
it would take about 1 work-hour per product to comply with the basic
requirements of this proposed AD. The average labor rate is $85 per
work-hour. Based on these figures, we estimate the cost of the proposed
AD on U.S. operators to be $5,525, or $85 per product.

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); and
    3. 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.
    We prepared a regulatory evaluation of the estimated costs to
comply with this proposed AD and placed it in the AD docket.

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

    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]

    2. The FAA amends Sec.  39.13 by adding the following new AD:

Bombardier Inc.: Docket No. FAA-2011-0720; Directorate Identifier
2010-NM-252-AD.

Comments Due Date

    (a) We must receive comments by September 15, 2011.

Affected ADs

    (b) None.

Applicability

    (c) This AD applies to Bombardier Inc. Model DHC-8-400, -401,
and -402 airplanes, certificated in any category, having serial
numbers 4001 and subsequent.

Subject

    (d) Air Transport Association (ATA) of America Code 32: Landing
Gear.

Reason

    (e) The mandatory continuing airworthiness information (MCAI)
states:
    There has been one reported incident where the main landing gear
(MLG) failed to extend during testing of the MLG alternate release
system. Investigation revealed that the door release lever bushing
was worn, causing an increase in the lateral movement of the release
cable system. An increase in free-play within the release cable
system would cause additional wear to the door release lever bushing
and may lead to the turnbuckle fouling against the nacelle frame.
The bushing wear at the door release lever and turnbuckle fouling
could cause a failure in the alternate release system, preventing
the landing gear from extending in the case of a failure of the
normal MLG extension/retraction system.
* * * * *
The unsafe condition is loss of control during landing.

Compliance

    (f) You are responsible for having the actions required by this
AD performed within the compliance times specified, unless the
actions have already been done.

Actions

    (g) Within 30 days after the effective date of this AD, revise
the maintenance program by incorporating Task 323400-203 specified
in Bombardier Temporary Revision (TR) MRB-46, dated February 4,
2010, to Section 1-32, Systems/Powerplant Maintenance Program, of
the Maintenance Review Board (MRB) Report Part 1, of the Bombardier
Q400 Dash 8 Maintenance Requirements Manual, PSM 1-84-7. The initial
compliance time for the actions specified in Bombardier TR MRB-46,
dated February 4, 2010, is within 6,000 flight hours after the
effective date of this AD. Thereafter, operate the airplane
according to the procedures and compliance times in Bombardier TR
MRB-46, dated February 4, 2010.

No Alternative Actions, Intervals, and/or Critical Design Configuration
Control Limitations (CDCCLs)

    (h) After accomplishing the revision required by paragraph (g)
of this AD, no alternative actions (e.g., inspections), intervals,
and/or CDCCLs may be used unless the actions, intervals, and/or
CDCCLs are approved as an alternative method of compliance (AMOC) in
accordance with the procedures specified in paragraph (i) of this
AD.

FAA AD Differences

    Note 1: This AD differs from the MCAI and/or service information
as follows: No differences.

Other FAA AD Provisions

    (i) The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, New
York Aircraft Certification Office (ACO), ANE-170, 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 New York ACO, Send it to ATTN: Program Manager,
Continuing Operational Safety, 1600 Stewart Avenue, Suite 410,
Westbury, NY 11590; telephone<PHONE_NUMBER>; fax<PHONE_NUMBER>. 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. The AMOC approval letter must specifically reference this
AD.
    (2) Airworthy Product: For any requirement in this AD to obtain
corrective actions from a manufacturer or other source, use these
actions if they are FAA-approved. Corrective actions are considered
FAA-approved if they are approved by the State of Design Authority
(or their delegated agent). You are required to assure the product
is airworthy before it is returned to service.

Related Information

    (j) Refer to MCAI Canadian Airworthiness Directive CF-2010-26,
dated August 17, 2010; and Bombardier Temporary Revision MRB-46,
dated February 4, 2010, to Section 1-32, Systems/Powerplant
Maintenance Program, of the Maintenance Review Board Report Part 1,
of the Bombardier Q400 Dash 8 Maintenance Requirements Manual, PSM
1-84-7; for related information.

    Issued in Renton, Washington, on July 22, 2011.
Ali Bahrami,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 2011-19330 Filed 7-29-11; 8:45 am]
BILLING CODE 4910-13-P