81_FR_47148 81 FR 47009 - Changes to the Application Requirements for Authorization To Operate in Reduced Vertical Separation Minimum Airspace

81 FR 47009 - Changes to the Application Requirements for Authorization To Operate in Reduced Vertical Separation Minimum Airspace

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 139 (July 20, 2016)

Page Range47009-47017
FR Document2016-17155

This action revises the FAA's requirements for an application to operate in Reduced Vertical Separation Minimum (RVSM) airspace and eliminates the burden and expense of developing, processing, and approving RVSM maintenance programs. As a result of this revision, an applicant to operate in RVSM airspace will no longer be required to develop and submit an RVSM maintenance program solely for the purpose of obtaining an RVSM authorization. Because of other, independent FAA airworthiness regulations, all aircraft operators remain required to maintain RVSM equipment in an airworthy condition.

Federal Register, Volume 81 Issue 139 (Wednesday, July 20, 2016)
[Federal Register Volume 81, Number 139 (Wednesday, July 20, 2016)]
[Rules and Regulations]
[Pages 47009-47017]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-17155]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 91

[Docket No.: FAA-2015-1746; Amdt. No. 91-342]
RIN 2120-AK54


Changes to the Application Requirements for Authorization To 
Operate in Reduced Vertical Separation Minimum Airspace

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This action revises the FAA's requirements for an application 
to operate in Reduced Vertical Separation Minimum (RVSM) airspace and 
eliminates the burden and expense of developing, processing, and 
approving RVSM maintenance programs. As a result of this revision, an 
applicant to operate in RVSM airspace will no longer be required to 
develop and submit an RVSM maintenance program solely for the purpose 
of obtaining an RVSM authorization. Because of other, independent FAA 
airworthiness regulations, all aircraft operators remain required to 
maintain RVSM equipment in an airworthy condition.

DATES: Effective August 19, 2016.

ADDRESSES: For information on where to obtain copies of rulemaking 
documents and other information related to this final rule, see ``How 
To Obtain Additional Information'' in the SUPPLEMENTARY INFORMATION 
section of this document.

FOR FURTHER INFORMATION CONTACT: For technical questions concerning 
this action, contact Charles Fellows, Aviation Safety Inspector, 
Avionics Branch, Aircraft Maintenance Division, Flight Standards 
Services, AFS-360, Federal Aviation Administration, 950 L'Enfant Plaza 
North SW., Washington, DC 20024; telephone (202) 267-1706; email 
[email protected].

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Sections 106(f), 40113, 
and 44701 authorize the Administrator to prescribe regulations 
necessary for aviation safety. Section 40103 authorizes the 
Administrator to prescribe regulations to enhance the efficiency of the 
national airspace. This rulemaking is within the scope of these 
authorities because it removes an existing safety and airspace-related 
regulation that the FAA no longer finds necessary for aviation safety.

I. Overview of Final Rule

    This action amends Appendix G of part 91 of Title 14 of the Code of 
Federal Regulations (14 CFR) by removing the requirement that any 
applicant for a Reduced Vertical Separation Minimum (RVSM) 
authorization must submit an RVSM maintenance program to the FAA for 
approval.

II. Background

    The FAA's vertical separation standards establish the vertical 
distance that must separate aircraft routes in the national airspace 
system. In the early 1970's, rising air-traffic volume and fuel costs 
sparked an interest in reducing vertical separation standards for 
aircraft operating above flight level (FL) 290 (above 18,000 ft., 
flight levels are assigned in 500-ft. increments; FL290 represents an 
pressure altitude of 29,000 ft. referenced to a barometric pressure of 
29.92 inches at sea level). At the time, the FAA required aircraft 
operating above FL290 to maintain a minimum of 2,000 ft. of vertical 
separation. Use of high-altitude routes was desirable, however, because 
the diminished atmospheric drag at these altitudes results in enhanced 
aircraft efficiency and a corresponding decrease in fuel consumption. 
Operators, therefore, sought and continue to seek not only the most 
direct routes, but also the most efficient altitudes for operation of 
their aircraft. Higher demand for these high-altitude routes has 
resulted in greater congestion.
    In 1981, the FAA initiated the Vertical Studies Program. This 
program, in conjunction with the RTCA (formerly Radio Technical 
Commission for Aeronautics) Special Committee (SC)-150 and the 
International Civil Aviation Organization (ICAO) Review of General 
Concept of Separation Panel (RGCSP), determined:
     RVSM is ``technically feasible without imposing 
unreasonably demanding technical requirements on the equipment;''
     RVSM could provide ``significant benefits in terms of 
economy and en-route airspace capacity;'' and
     Implementation of RVSM would require ``sound operational 
judgment supported by an assessment of system performance based on: 
Aircraft altitude-keeping capability, operational considerations, 
system performance monitoring, and risk assessment.''
    In response to the findings made by the Vertical Separation 
Program, the FAA began a two-phase implementation of RVSM operations 
for aircraft registered in the United States (U.S.). In 1997, and as 
the first phase, the FAA published two amendments to part 91 of Title 
14 of the Code of Federal Regulations (14 CFR). The first amendment 
established Sec.  91.706 (Operations within airspace designed as 
Reduced Vertical Separation Minimum Airspace), which, among other 
things, allows operators of U.S.-registered aircraft to fly in RVSM 
airspace outside of the U.S. Appendix G (Operations in Reduced Vertical 
Separation Minimum (RVSM) Airspace), was added which contained a set of 
operational, aircraft design, and other standards applicable to those 
seeking to operate in RVSM airspace. See Reduced Vertical Separation 
Minimum Operations, (62 FR 17480; Apr. 9, 1997). Appendix G includes 
the requirement that all applicants for RVSM authorization must submit 
an approved RVSM maintenance program to the FAA.
    The second phase of RVSM implementation occurred in October 2003, 
with the publication of a second RVSM-related FAA rulemaking. Reduced 
Vertical Separation Minimum in Domestic Airspace, (68 FR 61304; Oct. 
27, 2003 and 68 FR 70132; Dec. 17, 2003). The 2003 rule introduced RVSM 
airspace over the U.S. and, like the 1997 rulemaking, required all 
U.S.-registered RVSM operators to comply with the application, 
operations, and aircraft design requirements of part 91, appendix G. 
The FAA's RVSM program allows for 1,000 ft. of vertical separation for 
aircraft between FL290 and FL410 in U.S. airspace. Before the 2003 
rule, air traffic controllers could only assign Instrument Flight Rules 
(IFR) aircraft flying at FL290 and above to FL290, 310, 330, 350, 370, 
390, and 410 since the existing vertical separation standard was 2,000 
ft. After the rule changes, IFR aircraft could also fly at FL300, 320, 
340, 360, 380, and 400--nearly doubling capacity within this particular 
segment of airspace, mitigating the fuel penalties attributed to flying 
at sub-optimum altitudes, and increasing the flexibility of air traffic 
control.
    In 2008, the FAA reviewed its RVSM authorizations, which applied to 
more than 15,000 U.S.-registered aircraft. The FAA's evaluation found 
that the existing

[[Page 47010]]

processes ensured compliance with RVSM operating requirements. At the 
same time, FAA representatives began meeting with the National Business 
Aviation Association (NBAA) to develop ways to streamline the RVSM 
application process to lower the burden for operators obtaining 
authorizations and reduce the FAA's workload associated with processing 
and granting these authorizations. The parties formed the RVSM Process 
Enhancement Team (PET) to focus on changes that could be accomplished 
without rulemaking. The PET completed its tasks in 2013. Among other 
things, it revised existing policies and guidance to facilitate more 
efficient processing of operator requests to change existing 
authorizations, and created a job aid to assist inspectors and 
standardize their review of operator applications. In a separate 
initiative, the FAA with input from industry determined that 
eliminating the redundant maintenance program component of the RVSM 
application would improve efficiency and reduce costs for both the 
agency and operators while maintaining the same high level of safety.
    The requirement for an applicant to submit a maintenance program 
with the application for an RVSM authorization was promulgated in 1997 
when most aircraft required significant design changes or inspections 
to qualify for RVSM operation. RVSM operations have become much more 
common since then. RVSM systems are now incorporated into aircraft type 
designs or have been incorporated through modifications performed using 
supplemental type designs or amended type designs. Operators must 
properly maintain those systems as part of their airworthiness 
obligations, making a separate RVSM maintenance program redundant and 
unnecessary.

A. Summary of the NPRM

    In May 2015, the FAA issued an NPRM, (15 FR 30394; May 28, 2015) 
that proposed to amend the requirements for an application to operate 
in RVSM airspace. The FAA proposed to remove and reserve paragraph 
(b)(1), of section 3 of Appendix G of part 91, to eliminate the 
requirement that any operator seeking RVSM authorization under Sec.  
91.180 and Sec.  91.706 had to develop and submit an RVSM maintenance 
program for FAA approval.

B. General Overview of Comments

    The comment period for the NPRM closed on July 27, 2015. The FAA 
received 38 comments. The commenters included the National Air 
Transportation Association (NATA) and the National Business Aviation 
Association (NBAA). Twenty commenters supported the rule change in its 
entirety, twelve commenters provisionally supported the change while 
supplying additional comments, and eight commenters opposed the rule 
change. The FAA divided the issues raised in the comments into three 
categories addressing: (1) Safety concerns; (2) further enhancements to 
the RVSM authorization process; and (3) miscellaneous comments or 
recommendations.

III. Discussion of Public Comments and Final Rule

Safety Concerns

    Although there were slight variations, many of the comments 
submitted in opposition to the proposal claimed that reducing the 
regulatory requirements for an RVSM authorization would reduce aviation 
safety.
    The FAA reiterates that this final rule eliminates an application 
requirement, and leaves intact FAA requirements to maintain RVSM 
equipment and operate RVSM authorized aircraft in an airworthy 
condition. As described in the NPRM, the requirement to submit a 
maintenance program as part of an RVSM application was promulgated in 
an environment where RVSM technology was not firmly established and 
RVSM maintenance procedures were unproven. As RVSM equipment was 
installed on more aircraft, and confidence in established maintenance 
procedures increased, the requirement for each applicant to develop its 
own RVSM-specific maintenance procedures ceased to produce any 
appreciable safety benefit.
    Sections 91.180 and 91.706 will continue to require operators to 
meet the equipment and performance standards specified in Appendix G to 
part 91. These performance standards were developed by the RTCA SC-150 
and the ICAO RGCSP as the minimum performance standard for aircraft to 
conduct RVSM operation, and adopted by the FAA. In addition, Sec. Sec.  
91.405 and 91.407 continue to require operators to have their aircraft 
inspected and approved for return to service by authorized persons and 
otherwise maintained in accordance with part 43. Moreover, each person 
performing maintenance and preventive maintenance is required to do so 
using the methods, techniques, and practices prescribed in the 
manufacturer's maintenance manual, Instructions for Continued 
Airworthiness (ICA), or other means acceptable to the Administrator. 
The primary effect of this final rule is to remove the requirement for 
an applicant to submit an RVSM-specific maintenance program to the FAA 
as part of its application for an RVSM authorization.
    One commenter stated that the requirement to maintain an aircraft 
in a condition for safe flight, as codified in Sec.  91.7, applies only 
to a pilot, as opposed to an operator. The commenter stated that an 
operator is only required to maintain RVSM equipment because of its 
maintenance program obligations.
    The FAA disagrees. As previously described, although this final 
rule eliminates an operator's obligation to submit a maintenance 
program as part of an RVSM application, operators will nevertheless 
continue to be required to maintain their RVSM equipment in accordance 
with applicable airworthiness standards. In particular, Sec. Sec.  
43.13, 91.405, and 91.407 continue to require aircraft to be inspected 
and approved for return to service in accordance with manufacturers' 
maintenance information or other material acceptable to the 
Administrator. Operators with maintenance programs, such as air 
carriers conducting operations under part 121, will continue to be 
required to maintain RVSM equipment in accordance with those programs.
    Two commenters raised the issue of identifying required maintenance 
information. One commenter stated that most RVSM applicants do not have 
the latest RVSM maintenance information until they acquire that 
information in the course of preparing to apply for an RVSM 
authorization. Another commenter stated that ICA may not be available 
for all RVSM designs. As an example, the commenter referred to aircraft 
modified to meet RVSM performance standards under a supplemental type 
certificate (STC), rather than with equipment installed under a type 
certificate (TC), and also to aircraft modifications classified as 
minor changes to type design.
    To the extent that these commenters assert that the requirement to 
submit a maintenance program as part of an RVSM application is 
necessary for operators to access or determine the appropriate 
maintenance instructions, the FAA disagrees. For many newer aircraft, 
RVSM capability is incorporated into the original type design. For 
other aircraft, incorporating alterations to meet RVSM performance 
requirements is classified as a major change to type design, and as 
such must be incorporated through an STC or an amended type 
certificate. In either case, Sec.  21.50(b) requires, among other 
things,

[[Page 47011]]

a TC or STC holder to make ICA available to any person required to 
comply with those ICA, including owners and operators. Each owner or 
operator should, therefore, have access to all required maintenance and 
preventive maintenance information.
    One commenter stated that he services aircraft that have been 
upgraded to RVSM capability by way of STCs, and removing the RVSM 
maintenance program requirement would remove the information from the 
aircraft records that identifies which STC is installed. The FAA 
disagrees. When STCs are incorporated into aircraft they constitute 
major changes to the aircraft type design. Identification of the design 
change and associated ICA are recorded in the appropriate aircraft 
records. Section 21.50 requires design approval holders to make ICA 
available to any owner, operator, or other person required to comply 
with their terms.
    Another commenter stated that submission of an RVSM maintenance 
program is necessary to identify necessary repairs to RVSM and other 
aviation data equipment and that the FAA has a statutory obligation, 
under 49 U.S.C. 44701, to promote the safe flight of civil aircraft. 
The FAA disagrees that submission of an RVSM maintenance program with 
an RVSM application for authorization is necessary to identify repairs 
for the reasons previously stated. Removal of the requirement will not 
negatively impact the safe flight of civil aircraft or conflict with 
the FAA's obligations under 49 U.S.C. 44701.
    Among the commenters who raised safety concerns, several 
recommended alternatives. One commenter recommended that the FAA 
require operators to ``identify practices'' for the maintenance of RVSM 
equipment (alternative 2 considered in the proposal), but without 
requiring that these practices be submitted as part of an application. 
The same commenter also recommended that the FAA modify the alternative 
to specifically require each operator to identify the TC or STC 
holder's ICA and ensure each is listed in the operator's maintenance 
tracking system.
    The FAA believes that adopting the proposed alternative would 
provide no greater safety benefit and would do less to reduce the 
unnecessary burden on industry than eliminating the requirement to 
submit an RVSM maintenance program for approval. The commenter's 
recommendation would continue to require operators to provide redundant 
paperwork as part of each RVSM application. The FAA also believes that 
requiring an applicant to identify maintenance practices, in addition 
to the existing requirements to follow those practices, would not 
meaningfully contribute to aviation safety. As stated previously, Sec.  
21.50 requires design approval holders to make ICA available to any 
owner, operator, or other person required to comply with the terms of 
those ICA.
    With respect to the recommendation to require operators to track 
RVSM-specific information in a maintenance tracking system, the FAA 
agrees that any operator using a maintenance tracking system should use 
that system to track the maintenance of RVSM equipment as identified in 
the appropriate ICA. However, some operators--such as part 91 
operators--are not required to develop maintenance tracking systems. To 
the extent that the commenter is recommending that the FAA require part 
91 operators to implement maintenance tracking systems, the 
recommendation is outside the scope of this rulemaking.
    One commenter observed that the FAA often rejects, for various 
reasons, maintenance programs that accompany operators' applications 
for RVSM authorizations. The commenter stated that the existence of 
these rejections is evidence that continued FAA oversight is necessary 
to maintain safety. The FAA disagrees. The FAA often rejects a program 
submission or requests that additional revisions be made to an 
application for reasons related to an operator's lack of familiarity 
with the process for developing a program and submitting an 
application. These issues may be unrelated to the adequacy of a 
particular maintenance program. Moreover, many part 91 operators 
applying for RVSM authorizations do not perform maintenance 
themselves--RVSM or otherwise--and are reproducing plans developed by 
an original equipment manufacturer. Regardless of who performs the 
maintenance, Sec. Sec.  91.405 and 91.407 require each aircraft owner 
or operator to have the aircraft inspected and approved for return to 
service by an individual or entity authorized by Sec.  43.7.
    One commenter stated that the expense and effort required to create 
an RVSM maintenance program helps to ensure each operator's commitment 
to safety. Another commenter stated that the requirement to develop and 
submit a maintenance program encourages operators to adhere to the 
appropriate maintenance information. The FAA believes that imposing a 
requirement on operators to submit a maintenance program for approval 
imposes a significant cost on operators that is not an effective or 
appropriate means of obtaining an operators' commitment to safety. As 
previously described, operators will continue to be required to 
maintain their aircraft in an airworthy condition in accordance with 
existing regulations.

Further Enhancements to the RVSM Authorization Process

    Three comments were received that the proposal ``did not go far 
enough,'' and recommended that the FAA eliminate RVSM approvals 
entirely. For example, one commenter stated that the industry's 
experience in safely installing, maintaining, and operating RVSM 
equipment demonstrates that there is no longer a need for RVSM 
approvals. The FAA proposed only to remove the requirement to submit a 
maintenance program from the application for RVSM approval. The FAA did 
not propose to eliminate RVSM approvals entirely. The commenter's 
recommendation is outside the scope of this rulemaking.
    One individual commenter recommended that, in cases where an 
operator was applying to operate an aircraft which was previously 
listed on an authorization, the FAA should issue a temporary, interim 
RVSM approval. The commenter stated that the NPRM underestimated the 
costs of compliance with the FAA's RVSM approval program, because an 
operator awaiting RVSM authorization consumes significant additional 
funds flying below optimal altitudes. Operators are required to apply 
for a new authorization whenever an aircraft changes ownership or 
registration, regardless of whether the underlying aircraft is 
modified. The FAA did not propose to introduce interim RVSM 
authorizations. The commenters' recommendation is, therefore, outside 
the scope of this rulemaking.

Miscellaneous Comments or Recommendations

    One commenter stated that a reduction to the FAA's workload is not 
a legitimate rationale for FAA rulemaking and that the FAA's goal and 
statutory obligation is to promote safe flight of civil aircraft. The 
FAA notes that this final rule eliminates a requirement that is no 
longer necessary to provide the level of safety required for these 
operations. The FAA is required by numerous statutes and executive 
orders to consider both the costs and benefits of its regulations and 
to adopt proposals that are cost justified. Costs incurred by the FAA 
are a legitimate factor to be considered in accomplishing this 
analysis. See, e.g., 5 U.S.C. 601-612 (Regulatory Flexibility

[[Page 47012]]

Act); Executive Order 13563; Executive Order 12866.
    One individual commenter stated that the industry assumes this rule 
change would allow an operator to obtain RVSM approval by submitting no 
more than a letter to the FAA. The FAA disagrees. The requirement to 
submit an RVSM maintenance program, a requirement eliminated by this 
rule, was only one of three components of an RVSM application. Under 
Sec. Sec.  91.180, 91.706, and Appendix G to part 91, the FAA continues 
to require an applicant to submit documentation establishing that its 
aircraft is RVSM compliant, and that the applicant's crew has adequate 
knowledge of RVSM requirements, policies, and procedures as set forth 
in Sec.  3(c)(2) of Appendix G. For part 121 and part 135 operators, 
this requires initial and recurring pilot training as specified in 
Sec.  3(b)(2) of Appendix G.
    One individual commenter recommended that the FAA eliminate the 
requirement for maintenance program approval only with respect to 
aircraft that are RVSM capable ``under a TC.'' The commenter 
recommended that the FAA continue to require maintenance program 
approval for any aircraft that is RVSM capable as a result of an 
alteration performed in accordance with an STC because an STC indicates 
a major deviation from the aircraft's original type design and 
maintenance procedures would not be listed in the manufacturer's 
recommended procedures.
    The FAA disagrees that aircraft with RVSM equipment installed 
pursuant to an STC should be treated differently from aircraft with 
RVSM equipment installed as part of an original or amended type design. 
Both TC and STC holders must develop ICA, and Sec.  43.13 continues to 
require maintenance and preventive maintenance to be performed in 
accordance with the current manufacturer's maintenance manual, ICA, or 
other methods, techniques, and practices acceptable to the 
Administrator. Because ICA are available regardless of whether RVSM 
equipment is installed under a TC or an STC, and because all operators 
are equally obligated to maintain their equipment in accordance with 
this maintenance information, the FAA finds no reason to differentiate 
between these two kinds of operators.
    One individual commenter stated that avionics technology has 
undergone a major transformation in the last 15 years, moving away from 
discrete components and towards more fully integrated systems. The 
commenter recommended that authorizations should similarly be analyzed 
and approved in a more unified manner, to reduce the number of 
individual performance-based approvals. The commenter's recommendation 
that the FAA review all performance-based approvals in a single 
application is outside the scope of this rulemaking.
    Several individual commenters, both supporting and opposing the 
proposal, stated that the burden on operators to obtain approval of an 
RVSM maintenance program could be reduced substantially by 
standardizing what is required by FAA inspectors in an RVSM 
application. The FAA has published and continues to provide guidance to 
its inspectors on the requirements for the issuance of an RVSM 
authorization. In addition to the guidance, the FAA has developed job 
aids to assist in the development of an RVSM program manual. The agency 
believes these ongoing efforts will continue to increase 
standardization in the application process.

IV. Regulatory Notices and Analyses

A. Regulatory Evaluation

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 and Executive Order 13563 direct 
that each Federal agency shall propose or adopt a regulation only upon 
a reasoned determination that the benefits of the intended regulation 
justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. 
L. 96-354) requires agencies to analyze the economic impact of 
regulatory changes on small entities. Third, the Trade Agreements Act 
(Pub. L. 96-39) prohibits agencies from setting standards that create 
unnecessary obstacles to the foreign commerce of the United States. In 
developing U.S. standards, the Trade Act requires agencies to consider 
international standards and, where appropriate, that they be the basis 
of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 
(Pub. L. 104-4) requires agencies to prepare a written assessment of 
the costs, benefits, and other effects of proposed or final rules that 
include a Federal mandate likely to result in the expenditure by State, 
local, or tribal governments, in the aggregate, or by the private 
sector, of $100 million or more annually (adjusted for inflation with 
base year of 1995). This portion of the preamble summarizes the FAA's 
analysis of the economic impacts of this final rule.
    Department of Transportation Order DOT 2100.5 prescribes policies 
and procedures for simplification, analysis, and review of regulations. 
Because this rulemaking is a retrospective regulatory review, the 
expected outcome would be a cost savings with positive net benefits. 
The FAA has, therefore, determined that this final rule is not a 
``significant regulatory action'' as defined in section 3(f) of 
Executive Order 12866, and is not ``significant'' as defined in DOT's 
Regulatory Policies and procedures. Such a determination has been made 
for this final rule. The reasoning for this determination follows:
    This rulemaking responds to requests from industry and FAA program 
offices. The rule removes the requirement that operators seeking RVSM 
authorization must submit an RVSM maintenance program for FAA approval. 
It eliminates the considerable burden and expense to operators and FAA 
safety inspectors of developing, processing, and approving RVSM 
maintenance programs.
    When the former requirement was established, RVSM systems were yet 
to be incorporated into initial aircraft type designs. This is no 
longer the case. RVSM systems are now incorporated into initial 
aircraft type designs, and operators must properly maintain these 
systems as part of their airworthiness obligation. In light of these 
developments, the requirement for RVSM applicants to submit specialized 
maintenance programs is redundant. Removing this redundancy has no 
effect on aviation safety.
    One commenter stated the NPRM underestimated the cost of 
compliance, because an operator awaiting RVSM authorization incurs cost 
flying below optimal altitudes. As the operators are already required 
to incur this cost, this rule does not change this cost. The FAA did 
not propose to introduce interim RVSM authorization, therefore no new 
cost are required. The FAA notes that no other comments were received 
on our NPRM cost-savings determination or methodology. While the same 
methodology is used here, the FAA has updated the number of maintenance 
programs expected to be submitted and the wage for the safety inspector 
to 2015 dollars.
    The relief to part 91 operators and FAA safety inspectors from the 
streamlining of regulations equals the number of RVSM maintenance 
programs approved (including growth) multiplied by the costs per 
operator of submitting an RVSM maintenance program for FAA approval. To 
that result, the FAA added the number of RVSM maintenance programs 
approved multiplied by the cost of an FAA safety inspector to review 
and approve an RVSM maintenance program multiplied by the average 
number of hours FAA safety inspectors expend reviewing and approving 
each RVSM maintenance

[[Page 47013]]

program. The value for these variables is shown below.

----------------------------------------------------------------------------------------------------------------
                                                      Average annual
                                                    growth (2010-2015)                        Hours expended by
                                                     in the number of    Operator cost for        FAA safety
                                                       maintenance          submitting a          inspectors
CY 2015--Number of maintenance programs submitted   programs submitted  maintenance program       reviewing
             to FAA for approval \1\               to FAA for approval     to the FAA for        maintenance
                                                    (used as forecast       approval \2\         programs for
                                                       of 2016-2020                              approval \3\
                                                         growth)
----------------------------------------------------------------------------------------------------------------
2,437............................................               4.46%           \4\ $5,000                   12
----------------------------------------------------------------------------------------------------------------

    Applying these estimates, the FAA anticipates that operators would 
experience cost savings of approximate $12.7 million in year one of 
implementation. The FAA calculated this figure by multiplying the 
estimated number of maintenance programs expected to be submitted to 
the FAA for approval during CY 2016 (2,546 approvals) by each 
operator's cost for submitting a RVSM maintenance program to the FAA 
for approval ($5,000).
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    \1\ FAA National Program Tracking and Reporting Subsystem 
(NPTRS).
    \2\ National Business Aviation Association--Part 91 Operator 
Cost for Submitting an RVSM Approval.
    \3\ FAA Safety Inspectors involved in RVSM authorization 
processing at FAA Flight Standards District Offices (FSDO).
    \4\ This amount consists of $3,123 in operator costs for 
submitting an application form and supporting documentation to a 
RVSM manual preparation service, and then reading, understanding, 
signing, and submitting the completed RVSM maintenance program 
manual to the FAA for approval. The remaining $1,977 is an 
approximation of the amount paid by an operator for RVSM manual 
preparation services. The estimate of $1,977 is an average of quotes 
provided on the Internet by seven companies providing this service. 
These seven quotes ranged from $795 to $3,850.
---------------------------------------------------------------------------

    In addition to the cost savings realized by operators, eliminating 
the requirement would free 30,552 hours for FAA safety inspectors to 
perform alternative tasks during year one of implementation. The hours 
are calculated by multiplying the average number of hours FAA safety 
inspectors expend reviewing and approving each RVSM maintenance program 
submitted (12 hours) by the number of RVSM maintenance program 
approvals estimated for CY 2016 (2,546 approvals). The annual cost 
savings of $1.4 million to the FAA equals the 30,552 hours multiplied 
by the FAA fully-burdened wage of $45.96.\5\ As per Department of 
Transportation (DOT) guidance, the FAA assumes that there will be a 1.2 
percent projected annual increase in real wages.\6\
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    \5\ Source: 2015 General Schedule Salary Table as published by 
the U. S. Office of Personnel Management. The salary used for 
calculating costs savings is the fully-burdened hourly wage for a GS 
12 Step 5, which is the mid-range salary for this position.
    \6\ Office of the Secretary of Transportation Memorandum, 
``Revised Departmental Guidance on Valuation of Travel Time in 
Economic Analysis'', July 2014.
---------------------------------------------------------------------------

    Based on these calculations, the cost savings to operators and the 
FAA during the first five years of the rule's implementation will be 
approximately $77.5 million ($67.6 million present value). The results 
are presented below:
BILLING CODE 4910-13-P

[[Page 47014]]

[GRAPHIC] [TIFF OMITTED] TR20JY16.002


[[Page 47015]]


BILLING CODE 4910-13-C

B. Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA) 
establishes ``as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objectives of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the scale 
of the businesses, organizations, and governmental jurisdictions 
subject to regulation.'' To achieve this principle, agencies are 
required to solicit and consider flexible regulatory proposals and to 
explain the rationale for their actions to assure that such proposals 
are given serious consideration.'' The RFA covers a wide-range of small 
entities, including small businesses, not-for-profit organizations, and 
small governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will 
have a significant economic impact on a substantial number of small 
entities. If the agency determines that it will, the agency must 
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to 
have a significant economic impact on a substantial number of small 
entities, section 605(b) of the RFA provides that the head of the 
agency may so certify and a regulatory flexibility analysis is not 
required. The certification must include a statement providing the 
factual basis for this determination, and the reasoning should be 
clear.
    Under the RFA, the FAA must determine whether a rule significantly 
affects a substantial number of small entities. This determination is 
typically based on small entity size and revenue thresholds that vary 
depending on the affected industry.\7\ In most cases, the FAA cannot 
determine the size of part 91 operators because financial and 
employment data for privately held entities is sparse. Nevertheless, 
the FAA believes the number of small business entities is substantial. 
The FAA estimates that this rulemaking will save each affected small 
entity $5,000 per RVSM authorization.
---------------------------------------------------------------------------

    \7\ Thresholds are based on the North American Industry 
Classification System (NAICS). The NAICS is the standard used by 
Federal statistical agencies in classifying business establishments 
for the purpose of collecting, analyzing, and publishing statistical 
data related to the U.S. business economy.
---------------------------------------------------------------------------

    Based on the criteria used in the initial regulatory flexibility 
analysis and used again here, this rule will impact a substantial 
number of part 91 operators. Accordingly, the FAA prepared a final 
regulatory flexibility analysis for part 91 operators, as described in 
the next section. The FAA received no comments to the initial 
regulatory flexibility analysis for this rule.
Regulatory Flexibility Analysis
    Under section 603(b) of the RFA (as amended), each regulatory 
flexibility analysis is required to address the following points: (1) 
Reasons the agency considered the rule, (2) the objectives and legal 
basis for the rule, (3) the kind and number of small entities to which 
the rule will apply, (4) the reporting, recordkeeping, and other 
compliance requirements of the rule, and (5) all Federal rules that may 
duplicate, overlap, or conflict with the rule.
Reasons the FAA Considered the Rule
    All part 91 operator RVSM-related obligations are required by FAA 
airworthiness regulations to maintain RVSM equipment in an airworthy 
condition. Thus, the requirement that operators seeking RVSM 
authorization to develop and submit an RVSM maintenance program for FAA 
approval, is redundant.
The Objectives and Legal Basis for the Rule
    The FAA's authority to issue rules regarding aviation safety is 
found in Sec. Sec.  106, 40113, and 44701 of 49 U.S.C., which authorize 
the FAA Administrator to prescribe regulations necessary for aviation 
safety. Section 40103 authorizes the Administrator to prescribe 
regulations to enhance the efficiency of the national airspace. This 
rulemaking is within the scope of these authorities because it removes 
existing safety and airspace-related regulations that the FAA no longer 
finds necessary to protect aviation safety.
The Kind and Number of Small Entities to Which the Rule Will Apply
    This final rule will affect a substantial number of part 91 
operators. The FAA estimates that this proposed rulemaking would save 
each affected small entity $5,000 per RVSM authorization.
The Reporting, Recordkeeping, and Other Compliance Requirements of the 
Rule
    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. The FAA has determined that 
there is no new requirement for information collection associated with 
this final rule.
All Federal Rules That May Duplicate, Overlap, or Conflict With the 
Rule
    This final rule eliminates an application requirement for 
submission of an RVSM maintenance program and leaves intact current 
requirements to maintain RVSM equipment and operate RVSM authorized 
aircraft in an airworthy condition. Sections 43.13, 91.405, and 91.407 
continue to require aircraft to be inspected and approved for return to 
service in accordance with manufacturers' maintenance information or 
other material acceptable to the Administrator. Operators with approved 
maintenance programs will continue to be required to maintain RVSM 
equipment in accordance with their approved programs.
Other Considerations
Alternatives
    Alternative 1: Retain the current requirement for submission of an 
RVSM maintenance program for approval.
    Analysis: Without changes to Appendix G of part 91, any operator 
seeking RVSM authorization would continue to be required to submit an 
RVSM maintenance program. A non-commercial operator with no requirement 
to hold a maintenance program for any other performance-based 
authorization would nevertheless be required to submit an RVSM 
maintenance program for approval--despite the fact that the operator is 
already required by FAA regulations to maintain RVSM equipment in 
accordance with its type design and in a condition for safe operation. 
Furthermore, the review and approval of this information would continue 
to consume FAA resources.
    Alternative 2: Replace the current Appendix G requirement that 
operators include an ``approved RVSM maintenance program'' with a 
requirement that operators ``identify practices'' for the maintenance 
of RVSM equipment.
    Analysis: Relaxing Appendix G application requirements to allow 
operators to ``identify practices'' for the maintenance of RVSM 
equipment would allow a non-commercial operator to cite the applicable 
manufacturer's maintenance manual or ICA. This alternative would likely 
reduce the time and resources spent by operators and the FAA in 
compiling and reviewing RVSM applications. This alternative is 
undesirable, however, because it fails to address the absence of any 
safety benefits associated with continuing to require an RVSM 
maintenance program as a component of an RVSM application.

[[Page 47016]]

    The FAA expects this rule will save each affected small entity 
$5,000 per RVSM authorization. Over a 5-year period, the number exceeds 
$10,000 per RVSM authorization. While the rule may not have a 
significant economic impact, it would have a positive impact on a 
substantial number of small entities.

C. International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the 
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal 
agencies from establishing standards or engaging in related activities 
that create unnecessary obstacles to the foreign commerce of the United 
States. Pursuant to these Acts, the establishment of standards is not 
considered an unnecessary obstacle to the foreign commerce of the 
United States, so long as the standard has a legitimate domestic 
objective, such as the protection of safety, and does not operate in a 
manner that excludes imports that meet this objective. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards. The FAA has 
assessed the potential effect of this final rule and determined that it 
will have only a domestic impact and, therefore, no effect on 
international trade.

D. Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement 
assessing the effects of any Federal mandate in a proposed or final 
agency rule that may result in an expenditure of $100 million or more 
(in 1995 dollars) in any one year by State, local, and tribal 
governments, in the aggregate, or by the private sector; such a mandate 
is deemed to be a ``significant regulatory action.'' The FAA currently 
uses an inflation-adjusted value of $155 million in lieu of $100 
million. This final rule does not contain such a mandate; therefore, 
the requirements of Title II of the Act do not apply.

E. Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires 
that the FAA consider the impact of paperwork and other information 
collection burdens imposed on the public. The FAA has determined that 
there is no new requirement for information collection associated with 
this final rule.

F. International Compatibility and Cooperation

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to conform to 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA has 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to these proposed regulations.

G. Environmental Analysis

    FAA Order 1050.1E identifies FAA actions that are categorically 
excluded from preparation of an environmental assessment or 
environmental impact statement under the National Environmental Policy 
Act in the absence of extraordinary circumstances. The FAA has 
determined this rulemaking action qualifies for the categorical 
exclusion identified in paragraph 312d (regulatory documents covering 
administrative or procedural requirements) and involves no 
extraordinary circumstances.

V. Executive Order Determinations

A. Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. The agency determined 
that this action will not have a substantial direct effect on the 
States, or the relationship between the Federal Government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government, and, therefore, does not have Federalism 
implications.

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

    The FAA analyzed this final rule under Executive Order 13211, 
Actions Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (May 18, 2001). The agency has determined that it 
is not a ``significant energy action'' under the executive order and it 
is not likely to have a significant adverse effect on the supply, 
distribution, or use of energy.

VI. How To Obtain Additional Information

A. Rulemaking Documents

    An electronic copy of a rulemaking document may be obtained by 
using the Internet--
    1. Search the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visit the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/ or
    3. Access the Government Printing Office's Web page at http://www.thefederalregister.org/fdsys/.
    Copies may also be obtained by sending a request (identified by 
notice, amendment, or docket number of this rulemaking) to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680.

B. Comments Submitted to the Docket

    Comments received may be viewed by going to http://www.regulations.gov and following the online instructions to search the 
docket number for this action. Anyone is able to search the electronic 
form of all comments received into any of the FAA's dockets by the name 
of the individual submitting the comment (or signing the comment, if 
submitted on behalf of an association, business, labor union, etc.).

C. Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 require the FAA to comply with small entity requests for 
information or advice about compliance with statutes and regulations 
within its jurisdiction. A small entity with questions regarding this 
document, may contact its local FAA official, or the person listed 
under the FOR FURTHER INFORMATION CONTACT heading at the beginning of 
the preamble. To find out more about SBREFA on the Internet, visit 
http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects in 14 CFR Part 91

    Air traffic control, Aircraft, Aviation safety.

The Amendment

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

PART 91--GENERAL OPERATING AND FLIGHT RULES

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

    Authority:  49 U.S.C. 106(f), 106(g), 1155, 40103, 40113, 40120, 
44101, 44111, 44701, 44704, 44709, 44711, 44712, 44715, 44716, 
44717, 44722, 46306, 46315, 46316, 46504, 46506-46507, 47122, 47508, 
47528-47531, 47534, articles 12 and 29 of the Convention on 
International Civil Aviation (61 Stat. 1180), (126 Stat. 11).

[[Page 47017]]


0
2. Amend Appendix G, Section 3 by removing and reserving paragraph 
(b)(1).

    Issued under authority provided by 49 U.S.C. 106(f), 40103, 
40113, and 44701(a) in Washington, DC, on July 12, 2016.
Michael Huerta,
Administrator.
[FR Doc. 2016-17155 Filed 7-19-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                               Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations                                          47009

                                               By order of the Board of Governors of the              Title 49 of the United States Code.                      • Implementation of RVSM would
                                             Federal Reserve System, July 13, 2016.                   Sections 106(f), 40113, and 44701                     require ‘‘sound operational judgment
                                             Robert deV. Frierson,                                    authorize the Administrator to prescribe              supported by an assessment of system
                                             Secretary of the Board.                                  regulations necessary for aviation safety.            performance based on: Aircraft altitude-
                                                Billing Code: 6210–01–P                               Section 40103 authorizes the                          keeping capability, operational
                                             [FR Doc. 2016–16969 Filed 7–19–16; 8:45 am]              Administrator to prescribe regulations                considerations, system performance
                                             BILLING CODE 6210–01–P                                   to enhance the efficiency of the national             monitoring, and risk assessment.’’
                                                                                                      airspace. This rulemaking is within the                  In response to the findings made by
                                                                                                      scope of these authorities because it                 the Vertical Separation Program, the
                                                                                                      removes an existing safety and airspace-              FAA began a two-phase implementation
                                             DEPARTMENT OF TRANSPORTATION
                                                                                                      related regulation that the FAA no                    of RVSM operations for aircraft
                                             Federal Aviation Administration                          longer finds necessary for aviation                   registered in the United States (U.S.). In
                                                                                                      safety.                                               1997, and as the first phase, the FAA
                                             14 CFR Part 91                                                                                                 published two amendments to part 91 of
                                                                                                      I. Overview of Final Rule                             Title 14 of the Code of Federal
                                             [Docket No.: FAA–2015–1746; Amdt. No.                       This action amends Appendix G of                   Regulations (14 CFR). The first
                                             91–342]                                                  part 91 of Title 14 of the Code of Federal            amendment established § 91.706
                                                                                                      Regulations (14 CFR) by removing the                  (Operations within airspace designed as
                                             RIN 2120–AK54
                                                                                                      requirement that any applicant for a                  Reduced Vertical Separation Minimum
                                             Changes to the Application                               Reduced Vertical Separation Minimum                   Airspace), which, among other things,
                                             Requirements for Authorization To                        (RVSM) authorization must submit an                   allows operators of U.S.-registered
                                             Operate in Reduced Vertical                              RVSM maintenance program to the FAA                   aircraft to fly in RVSM airspace outside
                                             Separation Minimum Airspace                              for approval.                                         of the U.S. Appendix G (Operations in
                                                                                                      II. Background                                        Reduced Vertical Separation Minimum
                                             AGENCY:  Federal Aviation                                                                                      (RVSM) Airspace), was added which
                                             Administration (FAA), DOT.                                  The FAA’s vertical separation                      contained a set of operational, aircraft
                                             ACTION: Final rule.                                      standards establish the vertical distance             design, and other standards applicable
                                                                                                      that must separate aircraft routes in the             to those seeking to operate in RVSM
                                             SUMMARY:    This action revises the FAA’s                national airspace system. In the early                airspace. See Reduced Vertical
                                             requirements for an application to                       1970’s, rising air-traffic volume and fuel            Separation Minimum Operations, (62
                                             operate in Reduced Vertical Separation                   costs sparked an interest in reducing                 FR 17480; Apr. 9, 1997). Appendix G
                                             Minimum (RVSM) airspace and                              vertical separation standards for aircraft            includes the requirement that all
                                             eliminates the burden and expense of                     operating above flight level (FL) 290                 applicants for RVSM authorization must
                                             developing, processing, and approving                    (above 18,000 ft., flight levels are                  submit an approved RVSM maintenance
                                             RVSM maintenance programs. As a                          assigned in 500-ft. increments; FL290                 program to the FAA.
                                             result of this revision, an applicant to                 represents an pressure altitude of 29,000                The second phase of RVSM
                                             operate in RVSM airspace will no longer                  ft. referenced to a barometric pressure of            implementation occurred in October
                                             be required to develop and submit an                     29.92 inches at sea level). At the time,              2003, with the publication of a second
                                             RVSM maintenance program solely for                      the FAA required aircraft operating                   RVSM-related FAA rulemaking.
                                             the purpose of obtaining an RVSM                         above FL290 to maintain a minimum of                  Reduced Vertical Separation Minimum
                                             authorization. Because of other,                         2,000 ft. of vertical separation. Use of              in Domestic Airspace, (68 FR 61304;
                                             independent FAA airworthiness                            high-altitude routes was desirable,                   Oct. 27, 2003 and 68 FR 70132; Dec. 17,
                                             regulations, all aircraft operators remain               however, because the diminished                       2003). The 2003 rule introduced RVSM
                                             required to maintain RVSM equipment                      atmospheric drag at these altitudes                   airspace over the U.S. and, like the 1997
                                             in an airworthy condition.                               results in enhanced aircraft efficiency               rulemaking, required all U.S.-registered
                                             DATES: Effective August 19, 2016.                        and a corresponding decrease in fuel                  RVSM operators to comply with the
                                                                                                      consumption. Operators, therefore,                    application, operations, and aircraft
                                             ADDRESSES: For information on where to
                                                                                                      sought and continue to seek not only the              design requirements of part 91,
                                             obtain copies of rulemaking documents
                                                                                                      most direct routes, but also the most                 appendix G. The FAA’s RVSM program
                                             and other information related to this
                                                                                                      efficient altitudes for operation of their            allows for 1,000 ft. of vertical separation
                                             final rule, see ‘‘How To Obtain
                                                                                                      aircraft. Higher demand for these high-               for aircraft between FL290 and FL410 in
                                             Additional Information’’ in the                                                                                U.S. airspace. Before the 2003 rule, air
                                                                                                      altitude routes has resulted in greater
                                             SUPPLEMENTARY INFORMATION section of
                                                                                                      congestion.                                           traffic controllers could only assign
                                             this document.                                                                                                 Instrument Flight Rules (IFR) aircraft
                                                                                                         In 1981, the FAA initiated the Vertical
                                             FOR FURTHER INFORMATION CONTACT: For                     Studies Program. This program, in                     flying at FL290 and above to FL290,
                                             technical questions concerning this                      conjunction with the RTCA (formerly                   310, 330, 350, 370, 390, and 410 since
                                             action, contact Charles Fellows,                         Radio Technical Commission for                        the existing vertical separation standard
                                             Aviation Safety Inspector, Avionics                      Aeronautics) Special Committee (SC)–                  was 2,000 ft. After the rule changes, IFR
                                             Branch, Aircraft Maintenance Division,                   150 and the International Civil Aviation              aircraft could also fly at FL300, 320,
                                             Flight Standards Services, AFS–360,                      Organization (ICAO) Review of General                 340, 360, 380, and 400—nearly doubling
                                             Federal Aviation Administration, 950                     Concept of Separation Panel (RGCSP),                  capacity within this particular segment
                                             L’Enfant Plaza North SW., Washington,                    determined:                                           of airspace, mitigating the fuel penalties
                                             DC 20024; telephone (202) 267–1706;                         • RVSM is ‘‘technically feasible
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                                                                                                                                                            attributed to flying at sub-optimum
                                             email Charles.Fellows@faa.gov.                           without imposing unreasonably                         altitudes, and increasing the flexibility
                                             SUPPLEMENTARY INFORMATION:                               demanding technical requirements on                   of air traffic control.
                                                                                                      the equipment;’’                                         In 2008, the FAA reviewed its RVSM
                                             Authority for This Rulemaking                               • RVSM could provide ‘‘significant                 authorizations, which applied to more
                                               The FAA’s authority to issue rules                     benefits in terms of economy and en-                  than 15,000 U.S.-registered aircraft. The
                                             regarding aviation safety is found in                    route airspace capacity;’’ and                        FAA’s evaluation found that the existing


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                                             47010             Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations

                                             processes ensured compliance with                        Transportation Association (NATA) and                 The primary effect of this final rule is
                                             RVSM operating requirements. At the                      the National Business Aviation                        to remove the requirement for an
                                             same time, FAA representatives began                     Association (NBAA). Twenty                            applicant to submit an RVSM-specific
                                             meeting with the National Business                       commenters supported the rule change                  maintenance program to the FAA as part
                                             Aviation Association (NBAA) to                           in its entirety, twelve commenters                    of its application for an RVSM
                                             develop ways to streamline the RVSM                      provisionally supported the change                    authorization.
                                             application process to lower the burden                  while supplying additional comments,                     One commenter stated that the
                                             for operators obtaining authorizations                   and eight commenters opposed the rule                 requirement to maintain an aircraft in a
                                             and reduce the FAA’s workload                            change. The FAA divided the issues                    condition for safe flight, as codified in
                                             associated with processing and granting                  raised in the comments into three                     § 91.7, applies only to a pilot, as
                                             these authorizations. The parties formed                 categories addressing: (1) Safety                     opposed to an operator. The commenter
                                             the RVSM Process Enhancement Team                        concerns; (2) further enhancements to                 stated that an operator is only required
                                             (PET) to focus on changes that could be                  the RVSM authorization process; and (3)               to maintain RVSM equipment because
                                             accomplished without rulemaking. The                     miscellaneous comments or                             of its maintenance program obligations.
                                             PET completed its tasks in 2013. Among                   recommendations.                                         The FAA disagrees. As previously
                                             other things, it revised existing policies                                                                     described, although this final rule
                                             and guidance to facilitate more efficient                III. Discussion of Public Comments and                eliminates an operator’s obligation to
                                             processing of operator requests to                       Final Rule                                            submit a maintenance program as part
                                             change existing authorizations, and                      Safety Concerns                                       of an RVSM application, operators will
                                             created a job aid to assist inspectors and                                                                     nevertheless continue to be required to
                                                                                                         Although there were slight variations,             maintain their RVSM equipment in
                                             standardize their review of operator
                                                                                                      many of the comments submitted in                     accordance with applicable
                                             applications. In a separate initiative, the
                                                                                                      opposition to the proposal claimed that               airworthiness standards. In particular,
                                             FAA with input from industry
                                             determined that eliminating the                          reducing the regulatory requirements for              §§ 43.13, 91.405, and 91.407 continue to
                                             redundant maintenance program                            an RVSM authorization would reduce                    require aircraft to be inspected and
                                             component of the RVSM application                        aviation safety.                                      approved for return to service in
                                                                                                         The FAA reiterates that this final rule            accordance with manufacturers’
                                             would improve efficiency and reduce
                                                                                                      eliminates an application requirement,                maintenance information or other
                                             costs for both the agency and operators
                                                                                                      and leaves intact FAA requirements to                 material acceptable to the
                                             while maintaining the same high level
                                                                                                      maintain RVSM equipment and operate                   Administrator. Operators with
                                             of safety.
                                               The requirement for an applicant to                    RVSM authorized aircraft in an                        maintenance programs, such as air
                                             submit a maintenance program with the                    airworthy condition. As described in the              carriers conducting operations under
                                             application for an RVSM authorization                    NPRM, the requirement to submit a                     part 121, will continue to be required to
                                             was promulgated in 1997 when most                        maintenance program as part of an                     maintain RVSM equipment in
                                             aircraft required significant design                     RVSM application was promulgated in                   accordance with those programs.
                                             changes or inspections to qualify for                    an environment where RVSM                                Two commenters raised the issue of
                                             RVSM operation. RVSM operations have                     technology was not firmly established                 identifying required maintenance
                                             become much more common since then.                      and RVSM maintenance procedures                       information. One commenter stated that
                                             RVSM systems are now incorporated                        were unproven. As RVSM equipment                      most RVSM applicants do not have the
                                             into aircraft type designs or have been                  was installed on more aircraft, and                   latest RVSM maintenance information
                                             incorporated through modifications                       confidence in established maintenance                 until they acquire that information in
                                             performed using supplemental type                        procedures increased, the requirement                 the course of preparing to apply for an
                                             designs or amended type designs.                         for each applicant to develop its own                 RVSM authorization. Another
                                             Operators must properly maintain those                   RVSM-specific maintenance procedures                  commenter stated that ICA may not be
                                             systems as part of their airworthiness                   ceased to produce any appreciable                     available for all RVSM designs. As an
                                             obligations, making a separate RVSM                      safety benefit.                                       example, the commenter referred to
                                             maintenance program redundant and                           Sections 91.180 and 91.706 will                    aircraft modified to meet RVSM
                                             unnecessary.                                             continue to require operators to meet                 performance standards under a
                                                                                                      the equipment and performance                         supplemental type certificate (STC),
                                             A. Summary of the NPRM                                   standards specified in Appendix G to                  rather than with equipment installed
                                               In May 2015, the FAA issued an                         part 91. These performance standards                  under a type certificate (TC), and also to
                                             NPRM, (15 FR 30394; May 28, 2015)                        were developed by the RTCA SC–150                     aircraft modifications classified as
                                             that proposed to amend the                               and the ICAO RGCSP as the minimum                     minor changes to type design.
                                             requirements for an application to                       performance standard for aircraft to                     To the extent that these commenters
                                             operate in RVSM airspace. The FAA                        conduct RVSM operation, and adopted                   assert that the requirement to submit a
                                             proposed to remove and reserve                           by the FAA. In addition, §§ 91.405 and                maintenance program as part of an
                                             paragraph (b)(1), of section 3 of                        91.407 continue to require operators to               RVSM application is necessary for
                                             Appendix G of part 91, to eliminate the                  have their aircraft inspected and                     operators to access or determine the
                                             requirement that any operator seeking                    approved for return to service by                     appropriate maintenance instructions,
                                             RVSM authorization under § 91.180 and                    authorized persons and otherwise                      the FAA disagrees. For many newer
                                             § 91.706 had to develop and submit an                    maintained in accordance with part 43.                aircraft, RVSM capability is
                                             RVSM maintenance program for FAA                         Moreover, each person performing                      incorporated into the original type
                                                                                                      maintenance and preventive                            design. For other aircraft, incorporating
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                                             approval.
                                                                                                      maintenance is required to do so using                alterations to meet RVSM performance
                                             B. General Overview of Comments                          the methods, techniques, and practices                requirements is classified as a major
                                               The comment period for the NPRM                        prescribed in the manufacturer’s                      change to type design, and as such must
                                             closed on July 27, 2015. The FAA                         maintenance manual, Instructions for                  be incorporated through an STC or an
                                             received 38 comments. The commenters                     Continued Airworthiness (ICA), or other               amended type certificate. In either case,
                                             included the National Air                                means acceptable to the Administrator.                § 21.50(b) requires, among other things,


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                                                               Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations                                          47011

                                             a TC or STC holder to make ICA                           addition to the existing requirements to              obtaining an operators’ commitment to
                                             available to any person required to                      follow those practices, would not                     safety. As previously described,
                                             comply with those ICA, including                         meaningfully contribute to aviation                   operators will continue to be required to
                                             owners and operators. Each owner or                      safety. As stated previously, § 21.50                 maintain their aircraft in an airworthy
                                             operator should, therefore, have access                  requires design approval holders to                   condition in accordance with existing
                                             to all required maintenance and                          make ICA available to any owner,                      regulations.
                                             preventive maintenance information.                      operator, or other person required to
                                                One commenter stated that he                                                                                Further Enhancements to the RVSM
                                                                                                      comply with the terms of those ICA.
                                             services aircraft that have been                            With respect to the recommendation                 Authorization Process
                                             upgraded to RVSM capability by way of                    to require operators to track RVSM-                      Three comments were received that
                                             STCs, and removing the RVSM                              specific information in a maintenance                 the proposal ‘‘did not go far enough,’’
                                             maintenance program requirement                          tracking system, the FAA agrees that                  and recommended that the FAA
                                             would remove the information from the                    any operator using a maintenance                      eliminate RVSM approvals entirely. For
                                             aircraft records that identifies which                   tracking system should use that system                example, one commenter stated that the
                                             STC is installed. The FAA disagrees.                     to track the maintenance of RVSM                      industry’s experience in safely
                                             When STCs are incorporated into                          equipment as identified in the                        installing, maintaining, and operating
                                             aircraft they constitute major changes to                appropriate ICA. However, some                        RVSM equipment demonstrates that
                                             the aircraft type design. Identification of              operators—such as part 91 operators—                  there is no longer a need for RVSM
                                             the design change and associated ICA                     are not required to develop maintenance               approvals. The FAA proposed only to
                                             are recorded in the appropriate aircraft                 tracking systems. To the extent that the              remove the requirement to submit a
                                             records. Section 21.50 requires design                   commenter is recommending that the                    maintenance program from the
                                             approval holders to make ICA available                   FAA require part 91 operators to                      application for RVSM approval. The
                                             to any owner, operator, or other person                  implement maintenance tracking                        FAA did not propose to eliminate
                                             required to comply with their terms.                     systems, the recommendation is outside                RVSM approvals entirely. The
                                                Another commenter stated that                         the scope of this rulemaking.                         commenter’s recommendation is outside
                                             submission of an RVSM maintenance                           One commenter observed that the                    the scope of this rulemaking.
                                             program is necessary to identify                         FAA often rejects, for various reasons,                  One individual commenter
                                             necessary repairs to RVSM and other                      maintenance programs that accompany                   recommended that, in cases where an
                                             aviation data equipment and that the                     operators’ applications for RVSM                      operator was applying to operate an
                                             FAA has a statutory obligation, under 49                 authorizations. The commenter stated                  aircraft which was previously listed on
                                             U.S.C. 44701, to promote the safe flight                 that the existence of these rejections is             an authorization, the FAA should issue
                                             of civil aircraft. The FAA disagrees that                evidence that continued FAA oversight                 a temporary, interim RVSM approval.
                                             submission of an RVSM maintenance                        is necessary to maintain safety. The                  The commenter stated that the NPRM
                                             program with an RVSM application for                     FAA disagrees. The FAA often rejects a                underestimated the costs of compliance
                                             authorization is necessary to identify                   program submission or requests that                   with the FAA’s RVSM approval
                                             repairs for the reasons previously stated.               additional revisions be made to an                    program, because an operator awaiting
                                             Removal of the requirement will not                      application for reasons related to an                 RVSM authorization consumes
                                             negatively impact the safe flight of civil               operator’s lack of familiarity with the               significant additional funds flying
                                             aircraft or conflict with the FAA’s                      process for developing a program and                  below optimal altitudes. Operators are
                                             obligations under 49 U.S.C. 44701.                       submitting an application. These issues               required to apply for a new
                                                Among the commenters who raised                       may be unrelated to the adequacy of a                 authorization whenever an aircraft
                                             safety concerns, several recommended                     particular maintenance program.                       changes ownership or registration,
                                             alternatives. One commenter                              Moreover, many part 91 operators                      regardless of whether the underlying
                                             recommended that the FAA require                         applying for RVSM authorizations do                   aircraft is modified. The FAA did not
                                             operators to ‘‘identify practices’’ for the              not perform maintenance themselves—                   propose to introduce interim RVSM
                                             maintenance of RVSM equipment                            RVSM or otherwise—and are                             authorizations. The commenters’
                                             (alternative 2 considered in the                         reproducing plans developed by an                     recommendation is, therefore, outside
                                             proposal), but without requiring that                    original equipment manufacturer.                      the scope of this rulemaking.
                                             these practices be submitted as part of                  Regardless of who performs the
                                             an application. The same commenter                                                                             Miscellaneous Comments or
                                                                                                      maintenance, §§ 91.405 and 91.407
                                             also recommended that the FAA modify                                                                           Recommendations
                                                                                                      require each aircraft owner or operator
                                             the alternative to specifically require                  to have the aircraft inspected and                       One commenter stated that a
                                             each operator to identify the TC or STC                  approved for return to service by an                  reduction to the FAA’s workload is not
                                             holder’s ICA and ensure each is listed                   individual or entity authorized by                    a legitimate rationale for FAA
                                             in the operator’s maintenance tracking                   § 43.7.                                               rulemaking and that the FAA’s goal and
                                             system.                                                     One commenter stated that the                      statutory obligation is to promote safe
                                                The FAA believes that adopting the                    expense and effort required to create an              flight of civil aircraft. The FAA notes
                                             proposed alternative would provide no                    RVSM maintenance program helps to                     that this final rule eliminates a
                                             greater safety benefit and would do less                 ensure each operator’s commitment to                  requirement that is no longer necessary
                                             to reduce the unnecessary burden on                      safety. Another commenter stated that                 to provide the level of safety required
                                             industry than eliminating the                            the requirement to develop and submit                 for these operations. The FAA is
                                             requirement to submit an RVSM                            a maintenance program encourages                      required by numerous statutes and
                                             maintenance program for approval. The                    operators to adhere to the appropriate                executive orders to consider both the
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                                             commenter’s recommendation would                         maintenance information. The FAA                      costs and benefits of its regulations and
                                             continue to require operators to provide                 believes that imposing a requirement on               to adopt proposals that are cost justified.
                                             redundant paperwork as part of each                      operators to submit a maintenance                     Costs incurred by the FAA are a
                                             RVSM application. The FAA also                           program for approval imposes a                        legitimate factor to be considered in
                                             believes that requiring an applicant to                  significant cost on operators that is not             accomplishing this analysis. See, e.g., 5
                                             identify maintenance practices, in                       an effective or appropriate means of                  U.S.C. 601–612 (Regulatory Flexibility


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                                             47012             Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations

                                             Act); Executive Order 13563; Executive                   approved in a more unified manner, to                 review, the expected outcome would be
                                             Order 12866.                                             reduce the number of individual                       a cost savings with positive net benefits.
                                                One individual commenter stated that                  performance-based approvals. The                      The FAA has, therefore, determined that
                                             the industry assumes this rule change                    commenter’s recommendation that the                   this final rule is not a ‘‘significant
                                             would allow an operator to obtain                        FAA review all performance-based                      regulatory action’’ as defined in section
                                             RVSM approval by submitting no more                      approvals in a single application is                  3(f) of Executive Order 12866, and is not
                                             than a letter to the FAA. The FAA                        outside the scope of this rulemaking.                 ‘‘significant’’ as defined in DOT’s
                                             disagrees. The requirement to submit an                     Several individual commenters, both                Regulatory Policies and procedures.
                                             RVSM maintenance program, a                              supporting and opposing the proposal,                 Such a determination has been made for
                                             requirement eliminated by this rule, was                 stated that the burden on operators to                this final rule. The reasoning for this
                                             only one of three components of an                       obtain approval of an RVSM                            determination follows:
                                             RVSM application. Under §§ 91.180,                       maintenance program could be reduced                     This rulemaking responds to requests
                                             91.706, and Appendix G to part 91, the                   substantially by standardizing what is                from industry and FAA program offices.
                                             FAA continues to require an applicant                    required by FAA inspectors in an RVSM                 The rule removes the requirement that
                                             to submit documentation establishing                     application. The FAA has published                    operators seeking RVSM authorization
                                             that its aircraft is RVSM compliant, and                 and continues to provide guidance to its              must submit an RVSM maintenance
                                             that the applicant’s crew has adequate                   inspectors on the requirements for the                program for FAA approval. It eliminates
                                             knowledge of RVSM requirements,                          issuance of an RVSM authorization. In                 the considerable burden and expense to
                                             policies, and procedures as set forth in                 addition to the guidance, the FAA has                 operators and FAA safety inspectors of
                                             § 3(c)(2) of Appendix G. For part 121                    developed job aids to assist in the                   developing, processing, and approving
                                             and part 135 operators, this requires                    development of an RVSM program                        RVSM maintenance programs.
                                             initial and recurring pilot training as                  manual. The agency believes these                        When the former requirement was
                                             specified in § 3(b)(2) of Appendix G.                    ongoing efforts will continue to increase             established, RVSM systems were yet to
                                                One individual commenter                              standardization in the application                    be incorporated into initial aircraft type
                                             recommended that the FAA eliminate                       process.                                              designs. This is no longer the case.
                                             the requirement for maintenance                                                                                RVSM systems are now incorporated
                                             program approval only with respect to                    IV. Regulatory Notices and Analyses                   into initial aircraft type designs, and
                                             aircraft that are RVSM capable ‘‘under a                 A. Regulatory Evaluation                              operators must properly maintain these
                                             TC.’’ The commenter recommended that                                                                           systems as part of their airworthiness
                                             the FAA continue to require                                 Changes to Federal regulations must                obligation. In light of these
                                             maintenance program approval for any                     undergo several economic analyses.                    developments, the requirement for
                                             aircraft that is RVSM capable as a result                First, Executive Order 12866 and                      RVSM applicants to submit specialized
                                             of an alteration performed in accordance                 Executive Order 13563 direct that each                maintenance programs is redundant.
                                             with an STC because an STC indicates                     Federal agency shall propose or adopt a               Removing this redundancy has no effect
                                             a major deviation from the aircraft’s                    regulation only upon a reasoned                       on aviation safety.
                                             original type design and maintenance                     determination that the benefits of the                   One commenter stated the NPRM
                                             procedures would not be listed in the                    intended regulation justify its costs.                underestimated the cost of compliance,
                                             manufacturer’s recommended                               Second, the Regulatory Flexibility Act                because an operator awaiting RVSM
                                             procedures.                                              of 1980 (Pub. L. 96–354) requires                     authorization incurs cost flying below
                                                The FAA disagrees that aircraft with                  agencies to analyze the economic                      optimal altitudes. As the operators are
                                             RVSM equipment installed pursuant to                     impact of regulatory changes on small                 already required to incur this cost, this
                                             an STC should be treated differently                     entities. Third, the Trade Agreements                 rule does not change this cost. The FAA
                                             from aircraft with RVSM equipment                        Act (Pub. L. 96–39) prohibits agencies                did not propose to introduce interim
                                             installed as part of an original or                      from setting standards that create                    RVSM authorization, therefore no new
                                             amended type design. Both TC and STC                     unnecessary obstacles to the foreign                  cost are required. The FAA notes that no
                                             holders must develop ICA, and § 43.13                    commerce of the United States. In                     other comments were received on our
                                             continues to require maintenance and                     developing U.S. standards, the Trade                  NPRM cost-savings determination or
                                             preventive maintenance to be performed                   Act requires agencies to consider                     methodology. While the same
                                             in accordance with the current                           international standards and, where                    methodology is used here, the FAA has
                                             manufacturer’s maintenance manual,                       appropriate, that they be the basis of                updated the number of maintenance
                                             ICA, or other methods, techniques, and                   U.S. standards. Fourth, the Unfunded                  programs expected to be submitted and
                                             practices acceptable to the                              Mandates Reform Act of 1995 (Pub. L.                  the wage for the safety inspector to 2015
                                             Administrator. Because ICA are                           104–4) requires agencies to prepare a                 dollars.
                                             available regardless of whether RVSM                     written assessment of the costs, benefits,               The relief to part 91 operators and
                                             equipment is installed under a TC or an                  and other effects of proposed or final                FAA safety inspectors from the
                                             STC, and because all operators are                       rules that include a Federal mandate                  streamlining of regulations equals the
                                             equally obligated to maintain their                      likely to result in the expenditure by                number of RVSM maintenance programs
                                             equipment in accordance with this                        State, local, or tribal governments, in the           approved (including growth) multiplied
                                             maintenance information, the FAA finds                   aggregate, or by the private sector, of               by the costs per operator of submitting
                                             no reason to differentiate between these                 $100 million or more annually (adjusted               an RVSM maintenance program for FAA
                                             two kinds of operators.                                  for inflation with base year of 1995).                approval. To that result, the FAA added
                                                One individual commenter stated that                  This portion of the preamble                          the number of RVSM maintenance
                                             avionics technology has undergone a                                                                            programs approved multiplied by the
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                                                                                                      summarizes the FAA’s analysis of the
                                             major transformation in the last 15                      economic impacts of this final rule.                  cost of an FAA safety inspector to
                                             years, moving away from discrete                            Department of Transportation Order                 review and approve an RVSM
                                             components and towards more fully                        DOT 2100.5 prescribes policies and                    maintenance program multiplied by the
                                             integrated systems. The commenter                        procedures for simplification, analysis,              average number of hours FAA safety
                                             recommended that authorizations                          and review of regulations. Because this               inspectors expend reviewing and
                                             should similarly be analyzed and                         rulemaking is a retrospective regulatory              approving each RVSM maintenance


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                                                                      Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations                                                                         47013

                                             program. The value for these variables is
                                             shown below.

                                                                                                                                                                            Average annual
                                                                                                                                                                                 growth
                                                                                                                                                                          (2010–2015) in the                           Hours expended by
                                                                                                                                                                               number of          Operator cost for       FAA safety
                                                                                                                                                                             maintenance            submitting a           inspectors
                                              CY 2015—Number of maintenance programs submitted to FAA for approval 1                                                            programs            maintenance             reviewing
                                                                                                                                                                           submitted to FAA        program to the        maintenance
                                                                                                                                                                              for approval        FAA for approval 2     programs for
                                                                                                                                                                           (used as forecast                               approval 3
                                                                                                                                                                             of 2016–2020
                                                                                                                                                                                 growth)

                                             2,437 ....................................................................................................................        4.46%                  4 $5,000                  12



                                               Applying these estimates, the FAA                                            In addition to the cost savings                               to the FAA equals the 30,552 hours
                                             anticipates that operators would                                            realized by operators, eliminating the                           multiplied by the FAA fully-burdened
                                             experience cost savings of approximate                                      requirement would free 30,552 hours for                          wage of $45.96.5 As per Department of
                                             $12.7 million in year one of                                                FAA safety inspectors to perform                                 Transportation (DOT) guidance, the
                                             implementation. The FAA calculated                                          alternative tasks during year one of                             FAA assumes that there will be a 1.2
                                             this figure by multiplying the estimated                                    implementation. The hours are                                    percent projected annual increase in
                                             number of maintenance programs                                              calculated by multiplying the average                            real wages.6
                                             expected to be submitted to the FAA for                                     number of hours FAA safety inspectors                              Based on these calculations, the cost
                                             approval during CY 2016 (2,546                                              expend reviewing and approving each                              savings to operators and the FAA during
                                             approvals) by each operator’s cost for                                      RVSM maintenance program submitted                               the first five years of the rule’s
                                             submitting a RVSM maintenance                                               (12 hours) by the number of RVSM                                 implementation will be approximately
                                             program to the FAA for approval                                             maintenance program approvals                                    $77.5 million ($67.6 million present
                                                                                                                         estimated for CY 2016 (2,546 approvals).                         value). The results are presented below:
                                             ($5,000).
                                                                                                                         The annual cost savings of $1.4 million                          BILLING CODE 4910–13–P




                                               1 FAA National Program Tracking and Reporting                             documentation to a RVSM manual preparation                         5 Source: 2015 General Schedule Salary Table as

                                             Subsystem (NPTRS).                                                          service, and then reading, understanding, signing,               published by the U. S. Office of Personnel
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                                               2 National Business Aviation Association—Part                             and submitting the completed RVSM maintenance                    Management. The salary used for calculating costs
                                             91 Operator Cost for Submitting an RVSM                                     program manual to the FAA for approval. The                      savings is the fully-burdened hourly wage for a GS
                                             Approval.                                                                   remaining $1,977 is an approximation of the                      12 Step 5, which is the mid-range salary for this
                                               3 FAA Safety Inspectors involved in RVSM                                  amount paid by an operator for RVSM manual                       position.
                                             authorization processing at FAA Flight Standards                            preparation services. The estimate of $1,977 is an                 6 Office of the Secretary of Transportation
                                             District Offices (FSDO).                                                    average of quotes provided on the Internet by seven              Memorandum, ‘‘Revised Departmental Guidance on
                                               4 This amount consists of $3,123 in operator costs                        companies providing this service. These seven                    Valuation of Travel Time in Economic Analysis’’,
                                             for submitting an application form and supporting                           quotes ranged from $795 to $3,850.                               July 2014.



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                                             47014             Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations
                                                                                                                                                             Entries may not exactly add to totals due to rounding.
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                                                                                                                                                                                                                               ER20JY16.002</GPH>
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                                                               Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations                                          47015

                                             BILLING CODE 4910–13–C                                   regulatory flexibility analysis for part 91           All Federal Rules That May Duplicate,
                                             B. Regulatory Flexibility Determination                  operators, as described in the next                   Overlap, or Conflict With the Rule
                                                                                                      section. The FAA received no comments                   This final rule eliminates an
                                                The Regulatory Flexibility Act of 1980                to the initial regulatory flexibility
                                             (Pub. L. 96–354) (RFA) establishes ‘‘as a                                                                      application requirement for submission
                                                                                                      analysis for this rule.                               of an RVSM maintenance program and
                                             principle of regulatory issuance that
                                             agencies shall endeavor, consistent with                 Regulatory Flexibility Analysis                       leaves intact current requirements to
                                             the objectives of the rule and of                                                                              maintain RVSM equipment and operate
                                                                                                        Under section 603(b) of the RFA (as                 RVSM authorized aircraft in an
                                             applicable statutes, to fit regulatory and
                                                                                                      amended), each regulatory flexibility                 airworthy condition. Sections 43.13,
                                             informational requirements to the scale
                                                                                                      analysis is required to address the                   91.405, and 91.407 continue to require
                                             of the businesses, organizations, and
                                                                                                      following points: (1) Reasons the agency              aircraft to be inspected and approved for
                                             governmental jurisdictions subject to
                                                                                                      considered the rule, (2) the objectives               return to service in accordance with
                                             regulation.’’ To achieve this principle,
                                                                                                      and legal basis for the rule, (3) the kind            manufacturers’ maintenance
                                             agencies are required to solicit and
                                                                                                      and number of small entities to which                 information or other material acceptable
                                             consider flexible regulatory proposals
                                                                                                      the rule will apply, (4) the reporting,               to the Administrator. Operators with
                                             and to explain the rationale for their
                                                                                                      recordkeeping, and other compliance                   approved maintenance programs will
                                             actions to assure that such proposals are
                                                                                                      requirements of the rule, and (5) all                 continue to be required to maintain
                                             given serious consideration.’’ The RFA
                                                                                                      Federal rules that may duplicate,                     RVSM equipment in accordance with
                                             covers a wide-range of small entities,
                                                                                                      overlap, or conflict with the rule.                   their approved programs.
                                             including small businesses, not-for-
                                             profit organizations, and small                          Reasons the FAA Considered the Rule                   Other Considerations
                                             governmental jurisdictions.
                                                                                                         All part 91 operator RVSM-related                  Alternatives
                                                Agencies must perform a review to
                                                                                                      obligations are required by FAA                          Alternative 1: Retain the current
                                             determine whether a rule will have a
                                                                                                      airworthiness regulations to maintain                 requirement for submission of an RVSM
                                             significant economic impact on a
                                                                                                      RVSM equipment in an airworthy                        maintenance program for approval.
                                             substantial number of small entities. If
                                                                                                      condition. Thus, the requirement that                    Analysis: Without changes to
                                             the agency determines that it will, the
                                                                                                      operators seeking RVSM authorization                  Appendix G of part 91, any operator
                                             agency must prepare a regulatory
                                                                                                      to develop and submit an RVSM                         seeking RVSM authorization would
                                             flexibility analysis as described in the
                                                                                                      maintenance program for FAA approval,                 continue to be required to submit an
                                             RFA.
                                                However, if an agency determines that                 is redundant.                                         RVSM maintenance program. A non-
                                             a rule is not expected to have a                         The Objectives and Legal Basis for the                commercial operator with no
                                             significant economic impact on a                         Rule                                                  requirement to hold a maintenance
                                             substantial number of small entities,                                                                          program for any other performance-
                                             section 605(b) of the RFA provides that                     The FAA’s authority to issue rules                 based authorization would nevertheless
                                             the head of the agency may so certify                    regarding aviation safety is found in                 be required to submit an RVSM
                                             and a regulatory flexibility analysis is                 §§ 106, 40113, and 44701 of 49 U.S.C.,                maintenance program for approval—
                                             not required. The certification must                     which authorize the FAA Administrator                 despite the fact that the operator is
                                             include a statement providing the                        to prescribe regulations necessary for                already required by FAA regulations to
                                             factual basis for this determination, and                aviation safety. Section 40103                        maintain RVSM equipment in
                                             the reasoning should be clear.                           authorizes the Administrator to                       accordance with its type design and in
                                                Under the RFA, the FAA must                           prescribe regulations to enhance the                  a condition for safe operation.
                                             determine whether a rule significantly                   efficiency of the national airspace. This             Furthermore, the review and approval of
                                             affects a substantial number of small                    rulemaking is within the scope of these               this information would continue to
                                             entities. This determination is typically                authorities because it removes existing               consume FAA resources.
                                             based on small entity size and revenue                   safety and airspace-related regulations                  Alternative 2: Replace the current
                                             thresholds that vary depending on the                    that the FAA no longer finds necessary                Appendix G requirement that operators
                                             affected industry.7 In most cases, the                   to protect aviation safety.                           include an ‘‘approved RVSM
                                             FAA cannot determine the size of part                    The Kind and Number of Small Entities                 maintenance program’’ with a
                                             91 operators because financial and                       to Which the Rule Will Apply                          requirement that operators ‘‘identify
                                             employment data for privately held                                                                             practices’’ for the maintenance of RVSM
                                             entities is sparse. Nevertheless, the FAA                  This final rule will affect a substantial           equipment.
                                             believes the number of small business                    number of part 91 operators. The FAA                     Analysis: Relaxing Appendix G
                                             entities is substantial. The FAA                         estimates that this proposed rulemaking               application requirements to allow
                                             estimates that this rulemaking will save                 would save each affected small entity                 operators to ‘‘identify practices’’ for the
                                             each affected small entity $5,000 per                    $5,000 per RVSM authorization.                        maintenance of RVSM equipment
                                             RVSM authorization.                                                                                            would allow a non-commercial operator
                                                                                                      The Reporting, Recordkeeping, and
                                                Based on the criteria used in the                                                                           to cite the applicable manufacturer’s
                                                                                                      Other Compliance Requirements of the
                                             initial regulatory flexibility analysis and                                                                    maintenance manual or ICA. This
                                                                                                      Rule
                                             used again here, this rule will impact a                                                                       alternative would likely reduce the time
                                             substantial number of part 91 operators.                   The Paperwork Reduction Act of 1995                 and resources spent by operators and
                                             Accordingly, the FAA prepared a final                    (44 U.S.C. 3507(d)) requires that the                 the FAA in compiling and reviewing
                                                                                                      FAA consider the impact of paperwork                  RVSM applications. This alternative is
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                                                7 Thresholds are based on the North American          and other information collection                      undesirable, however, because it fails to
                                             Industry Classification System (NAICS). The NAICS        burdens imposed on the public. The                    address the absence of any safety
                                             is the standard used by Federal statistical agencies     FAA has determined that there is no                   benefits associated with continuing to
                                             in classifying business establishments for the
                                             purpose of collecting, analyzing, and publishing
                                                                                                      new requirement for information                       require an RVSM maintenance program
                                             statistical data related to the U.S. business            collection associated with this final                 as a component of an RVSM
                                             economy.                                                 rule.                                                 application.


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                                             47016             Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations

                                               The FAA expects this rule will save                    F. International Compatibility and                      2. Visit the FAA’s Regulations and
                                             each affected small entity $5,000 per                    Cooperation                                           Policies Web page at http://
                                             RVSM authorization. Over a 5-year                                                                              www.faa.gov/regulations_policies/ or
                                             period, the number exceeds $10,000 per                     In keeping with U.S. obligations
                                                                                                                                                              3. Access the Government Printing
                                             RVSM authorization. While the rule                       under the Convention on International
                                                                                                                                                            Office’s Web page at http://
                                                                                                      Civil Aviation, it is FAA policy to
                                             may not have a significant economic                                                                            www.gpo.gov/fdsys/.
                                                                                                      conform to International Civil Aviation
                                             impact, it would have a positive impact                                                                          Copies may also be obtained by
                                                                                                      Organization (ICAO) Standards and
                                             on a substantial number of small                                                                               sending a request (identified by notice,
                                                                                                      Recommended Practices to the
                                             entities.                                                                                                      amendment, or docket number of this
                                                                                                      maximum extent practicable. The FAA
                                                                                                                                                            rulemaking) to the Federal Aviation
                                             C. International Trade Impact                            has determined that there are no ICAO
                                                                                                                                                            Administration, Office of Rulemaking,
                                             Assessment                                               Standards and Recommended Practices
                                                                                                                                                            ARM–1, 800 Independence Avenue
                                                                                                      that correspond to these proposed
                                                The Trade Agreements Act of 1979                                                                            SW., Washington, DC 20591, or by
                                                                                                      regulations.
                                             (Pub. L. 96–39), as amended by the                                                                             calling (202) 267–9680.
                                             Uruguay Round Agreements Act (Pub.                       G. Environmental Analysis
                                                                                                                                                            B. Comments Submitted to the Docket
                                             L. 103–465), prohibits Federal agencies                    FAA Order 1050.1E identifies FAA
                                             from establishing standards or engaging                                                                          Comments received may be viewed by
                                                                                                      actions that are categorically excluded               going to http://www.regulations.gov and
                                             in related activities that create                        from preparation of an environmental
                                             unnecessary obstacles to the foreign                                                                           following the online instructions to
                                                                                                      assessment or environmental impact                    search the docket number for this
                                             commerce of the United States.                           statement under the National
                                             Pursuant to these Acts, the                                                                                    action. Anyone is able to search the
                                                                                                      Environmental Policy Act in the                       electronic form of all comments
                                             establishment of standards is not                        absence of extraordinary circumstances.
                                             considered an unnecessary obstacle to                                                                          received into any of the FAA’s dockets
                                                                                                      The FAA has determined this                           by the name of the individual
                                             the foreign commerce of the United                       rulemaking action qualifies for the
                                             States, so long as the standard has a                                                                          submitting the comment (or signing the
                                                                                                      categorical exclusion identified in                   comment, if submitted on behalf of an
                                             legitimate domestic objective, such as                   paragraph 312d (regulatory documents                  association, business, labor union, etc.).
                                             the protection of safety, and does not                   covering administrative or procedural
                                             operate in a manner that excludes                        requirements) and involves no                         C. Small Business Regulatory
                                             imports that meet this objective. The                    extraordinary circumstances.                          Enforcement Fairness Act
                                             statute also requires consideration of
                                                                                                      V. Executive Order Determinations                       The Small Business Regulatory
                                             international standards and, where
                                                                                                                                                            Enforcement Fairness Act (SBREFA) of
                                             appropriate, that they be the basis for                  A. Executive Order 13132, Federalism                  1996 require the FAA to comply with
                                             U.S. standards. The FAA has assessed                                                                           small entity requests for information or
                                             the potential effect of this final rule and                The FAA has analyzed this final rule
                                                                                                      under the principles and criteria of                  advice about compliance with statutes
                                             determined that it will have only a                                                                            and regulations within its jurisdiction.
                                             domestic impact and, therefore, no                       Executive Order 13132, Federalism. The
                                                                                                      agency determined that this action will               A small entity with questions regarding
                                             effect on international trade.                                                                                 this document, may contact its local
                                                                                                      not have a substantial direct effect on
                                             D. Unfunded Mandates Assessment                          the States, or the relationship between               FAA official, or the person listed under
                                                                                                      the Federal Government and the States,                the FOR FURTHER INFORMATION CONTACT
                                                Title II of the Unfunded Mandates                     or on the distribution of power and                   heading at the beginning of the
                                             Reform Act of 1995 (Pub. L. 104–4)                       responsibilities among the various                    preamble. To find out more about
                                             requires each Federal agency to prepare                  levels of government, and, therefore,                 SBREFA on the Internet, visit http://
                                             a written statement assessing the effects                does not have Federalism implications.                www.faa.gov/regulations_policies/
                                             of any Federal mandate in a proposed or                                                                        rulemaking/sbre_act/.
                                             final agency rule that may result in an                  B. Executive Order 13211, Regulations
                                             expenditure of $100 million or more (in                  That Significantly Affect Energy Supply,              List of Subjects in 14 CFR Part 91
                                             1995 dollars) in any one year by State,                  Distribution, or Use                                    Air traffic control, Aircraft, Aviation
                                             local, and tribal governments, in the                                                                          safety.
                                                                                                         The FAA analyzed this final rule
                                             aggregate, or by the private sector; such
                                                                                                      under Executive Order 13211, Actions                  The Amendment
                                             a mandate is deemed to be a ‘‘significant
                                                                                                      Concerning Regulations that
                                             regulatory action.’’ The FAA currently                                                                           In consideration of the foregoing, the
                                                                                                      Significantly Affect Energy Supply,
                                             uses an inflation-adjusted value of $155                                                                       Federal Aviation Administration
                                                                                                      Distribution, or Use (May 18, 2001). The
                                             million in lieu of $100 million. This                                                                          amends chapter I of title 14, Code of
                                                                                                      agency has determined that it is not a
                                             final rule does not contain such a                                                                             Federal Regulations as follows:
                                                                                                      ‘‘significant energy action’’ under the
                                             mandate; therefore, the requirements of
                                                                                                      executive order and it is not likely to               PART 91—GENERAL OPERATING AND
                                             Title II of the Act do not apply.
                                                                                                      have a significant adverse effect on the              FLIGHT RULES
                                             E. Paperwork Reduction Act                               supply, distribution, or use of energy.
                                                                                                      VI. How To Obtain Additional                          ■ 1. The authority citation for part 91
                                               The Paperwork Reduction Act of 1995                                                                          continues to read as follows:
                                             (44 U.S.C. 3507(d)) requires that the                    Information
                                             FAA consider the impact of paperwork                                                                             Authority: 49 U.S.C. 106(f), 106(g), 1155,
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                                                                                                      A. Rulemaking Documents                               40103, 40113, 40120, 44101, 44111, 44701,
                                             and other information collection
                                                                                                        An electronic copy of a rulemaking                  44704, 44709, 44711, 44712, 44715, 44716,
                                             burdens imposed on the public. The                                                                             44717, 44722, 46306, 46315, 46316, 46504,
                                             FAA has determined that there is no                      document may be obtained by using the
                                                                                                                                                            46506–46507, 47122, 47508, 47528–47531,
                                             new requirement for information                          Internet—                                             47534, articles 12 and 29 of the Convention
                                             collection associated with this final                      1. Search the Federal eRulemaking                   on International Civil Aviation (61 Stat.
                                             rule.                                                    Portal (http://www.regulations.gov);                  1180), (126 Stat. 11).



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                                                               Federal Register / Vol. 81, No. 139 / Wednesday, July 20, 2016 / Rules and Regulations                                          47017

                                             ■ 2. Amend Appendix G, Section 3 by                      telephone (202) 267–7538; email                       and reentry to more closely match the
                                             removing and reserving paragraph                         Rene.Rey@faa.gov.                                     Ec standard currently used by the
                                             (b)(1).                                                  SUPPLEMENTARY INFORMATION:                            United States (U.S.) Air Force and the
                                               Issued under authority provided by 49                                                                        National Aeronautics and Space
                                                                                                      Authority for This Rulemaking                         Administration (NASA) for government
                                             U.S.C. 106(f), 40103, 40113, and 44701(a) in
                                             Washington, DC, on July 12, 2016.                           The Commercial Space Launch Act of                 missions, and to account for the level of
                                             Michael Huerta,                                          1984, as amended and codified at 51                   uncertainty that exists in the Ec
                                             Administrator.
                                                                                                      United States Code (U.S.C.) Subtitle V—               calculations.
                                                                                                      Commercial Space Transportation, Ch.                     This final rule also makes two
                                             [FR Doc. 2016–17155 Filed 7–19–16; 8:45 am]
                                                                                                      509, Commercial Space Launch                          revisions to § 417.107 to clarify the
                                             BILLING CODE 4910–13–P
                                                                                                      Activities, 51 U.S.C. 50901–50923 (the                launch and reentry regulations. The first
                                                                                                      Act), authorizes the Secretary of                     revision removes the phrase ‘‘including
                                                                                                      Transportation and thus the FAA,                      each planned impact’’ from
                                             DEPARTMENT OF TRANSPORTATION
                                                                                                      through delegations, to oversee, license,             § 417.107(b)(1) to clarify that public risk
                                             Federal Aviation Administration                          and regulate commercial launch and                    is assessed from lift-off through orbital
                                                                                                      reentry, and the operation of launch and              insertion for orbital launches and from
                                             14 CFR Parts 417, 420, 431, and 435                      reentry sites as carried out by U.S.                  lift-off to final impact for suborbital
                                                                                                      citizens or within the United States. 51              launches. The second revision modifies
                                             [Docket No.: FAA–2014–0418; Amdt. Nos.                   U.S.C. 50904, 50905. The Act directs the              § 417.107(b)(3) and (b)(4) to make
                                             417–4, 420–7, 431–4 and 435–3]                           FAA to exercise this responsibility                   transparent the criteria for establishing
                                                                                                      consistent with public health and safety,             hazard areas by replacing the references
                                             RIN 2120–AK06
                                                                                                      safety of property, and the national                  to equivalent levels of safety for water
                                             Changing the Collective Risk Limits for                  security and foreign policy interests of              borne and aircraft hazard areas required
                                             Launches and Reentries and Clarifying                    the United States. 51 U.S.C. 50905.                   for launch from a federal launch range
                                             the Risk Limit Used To Establish                         Section 50901(a)(7), in relevant part,                with the actual levels of safety provided
                                             Hazard Areas for Ships and Aircraft                      directs the FAA to regulate private                   by hazard areas for launches from a
                                                                                                      sector launches, reentries, and                       federal range in 2006, the year the FAA
                                             AGENCY:  Federal Aviation                                associated services only to the extent                promulgated § 417.107. Under
                                             Administration (FAA), DOT.                               necessary to protect the public health                § 417.107(b)(3), a hazard area for water
                                             ACTION: Final rule.                                      and safety and safety of property. The                borne vessels satisfies part 417 if the
                                                                                                      FAA is also responsible for encouraging,              probability of impact with debris
                                             SUMMARY:    The FAA is amending its                      facilitating, and promoting commercial                capable of causing a casualty on any
                                             regulations concerning the collective                    space launches and reentries by the                   potential water borne vessel within the
                                             risk limits for commercial launches and                  private sector. 51 U.S.C. 50903.                      hazard area does not exceed 0.00001 (1
                                             reentries. These changes include:                                                                              × 10¥5). Under § 417.107(b)(4), a hazard
                                                                                                      I. Overview of Final Rule
                                             Separating the risk limits for                                                                                 area for aircraft will satisfy part 417 if
                                             commercial launches and reentries;                          The FAA is adopting this final rule to             the probability of impact with debris
                                             aggregating the risk posed by impacting                  revise certain regulations related to the             capable of causing a casualty on any
                                             inert and explosive debris, toxic release,               collective risk limits for commercial                 potential aircraft within that hazard area
                                             and far field blast overpressure; limiting               launches and reentries in part 417                    does not exceed 0.000001 (1 × 10¥6).
                                             the aggregate risk for these three hazards               (Launch Safety), part 420 (License to                 These clarifying edits do not change the
                                             to 1 × 10¥4; reducing the number of                      Operate a Launch Site), part 431                      risk requirement for launch licensees or
                                             significant digits used in launch and                    (Launch and Reentry of a Reusable                     launch license applicants.
                                             reentry risk analysis; and various non-                  Launch Vehicle (RLV)), and part 435
                                                                                                      (Reentry of a Reentry Vehicle Other                   Summary of the Costs and Benefits of
                                             substantive clarifying revisions. These
                                                                                                      Than a Reusable Launch Vehicle (RLV))                 the Final Rule
                                             changes update FAA regulations to
                                             reflect the United States Government’s                   of Title 14 of the Code of Federal                       The final rule will result in net
                                             greater experience with commercial                       Regulations (14 CFR).                                 benefits for both the commercial space
                                             launch and reentry and to align more                        This final rule divides the risk                   transportation industry (industry) and
                                             closely the FAA’s risk standards with                    analysis for launch and reentry,                      government by reducing the number of
                                             those of other United States Federal                     providing a separate risk budget for                  waivers that must be prepared by the
                                             agencies, while continuing to protect                    each. For all launches, regardless of                 industry and processed by the
                                             public safety.                                           vehicle type, this final rule requires a              government for launches with an
                                             DATES: Effective September 19, 2016.
                                                                                                      single expected number of casualties                  aggregate Ec between 90 × 10¥6 and 149
                                                                                                      (Ec) be calculated by aggregating the risk            × 10¥6, and by averting unnecessary
                                             ADDRESSES: For information on where to                   posed to the collective members of the                mission delays and scrubs. The
                                             obtain copies of rulemaking documents                    public from three hazards: Impacting                  resulting savings for both the industry
                                             and other information related to this                    and inert explosive debris, toxic release,            and the FAA from reducing the number
                                             final rule, see ‘‘How To Obtain                          and far field blast overpressure. This                of waivers range from a low estimate of
                                             Additional Information’’ in the                          final rule also revises the acceptable risk           approximately $8.3 million to a high
                                             SUPPLEMENTARY INFORMATION section of                     threshold for launch from an Ec of 30 ×               estimate of $16.7 million ($5.8 million
                                             this document.                                           10¥6 for each hazard to an Ec of 1 ×                  and $11.7 million present value at a 7%
                                             FOR FURTHER INFORMATION CONTACT: For                     10¥4 for all three hazards combined.
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                                                                                                                                                            discount rate, respectively).
                                             technical questions concerning this                      Furthermore, this final rule expresses
                                             action, contact Rene Rey, AST–300,                       the revised Ec limit using the correct                II. Background
                                             Office of Commercial Space                               number of significant digits to properly                 An operator conducts a launch using
                                             Transportation, Federal Aviation                         represent the uncertainty in Ec                       an expendable launch vehicle (ELV) or
                                             Administration, 800 Independence                         calculations. This final rule changes the             a reusable launch vehicle (RLV). An
                                             Avenue SW., Washington, DC 20591;                        FAA’s collective risk limits for launch               ELV is a launch vehicle whose


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Document Created: 2018-02-08 07:57:28
Document Modified: 2018-02-08 07:57:28
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionFinal rule.
DatesEffective August 19, 2016.
ContactFor technical questions concerning this action, contact Charles Fellows, Aviation Safety Inspector, Avionics Branch, Aircraft Maintenance Division, Flight Standards Services, AFS-360, Federal Aviation Administration, 950 L'Enfant Plaza North SW., Washington, DC 20024; telephone (202) 267-1706; email [email protected]
FR Citation81 FR 47009 
RIN Number2120-AK54
CFR AssociatedAir Traffic Control; Aircraft and Aviation Safety

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