[Federal Register Volume 65, Number 247 (Friday, December 22, 2000)]
[Rules and Regulations]
[Pages 81316-81319]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 00-32511]
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Part X
Department of Transportation
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Federal Aviation Administration
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14 CFR Part 91
Emergency Locator Transmitters; Final Rule
Federal Register / Vol. 65, No. 247 / Friday, December 22, 2000 /
Rules and Regulations
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
[Docket No. FAA-2000-8552 Amendment No. 91-265]
RIN No. 2120-AH16
Emergency Locator Transmitters
AGENCY: Federal Aviation Administration (FAA), DOT,
ACTION: Final rule.
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SUMMARY: This final rule is being issued to comply with
Congressionally-mandated changes to FAA requirements for emergency
locator transmitters. This legislation removed the current exception of
turbojet-powered aircraft from the emergency locator transmitter
requirement, and added a new exception for aircraft with a maximum
payload capacity of more than 18,000 pounds when used in air
transportation. The intended effect of this rule change is to
facilitate search and rescue efforts by increasing the likelihood of
locating turbojet-powered aircraft after accidents.
DATES: This regulation is effective December 22, 2000. However,
compliance with the new ELT requirements in Sec. 91.207 is delayed
until January 1, 2004.
FOR FURTHER INFORMATION CONTACT: Dean Chamberlain, AFS-820, Flight
Standards Service, Federal Aviation Administration, 800 Independence
Avenue, SW., Washington, DC 20591. Telephone: (202) 267-7956.
SUPPLEMENTARY INFORMATION:
Availability of Final Rules
You can get an electronic copy using the Internet by taking the
following steps:
(1) Go to the search function of the Department of Transportation's
electronic Docket Management System (DMS) Web page (http://dms.dot.gov/
search).
(2) On the search page type in the last four digits of the Docket
number shown at the beginning of this amendment. Click on ``search.''
(3) On the next page, which contains the Docket summary information
for the Docket you selected, click on the final rule.
You can also get an electronic copy using the Internet through
FAA's web page at http://www.faa.gov/avr/armhome.htm or the Federal
Register's web page at http://www.access.gpo.gov/su_docs/aces/
aces140.html.
You can also get a copy by submitting a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the amendment number or docket number of this final
rule.
Small Business Regulatory Enforcement Fairness Act
The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996, requires the FAA to comply with small entity requests for
information or advice about compliance with statutes and regulations
withinnits jurisdiction. Therefore, any small entity that has a
question regarding this document may contact their local FAA official,
or the person listed under FOR FURTHER INFORMATION CONTACT. You can
find out more about SBFEFA on the Internet at our site http://
www.faa.gov/avr/arm/sbrefa.htm. For more information on SBREFA, e-mail
us at 9-AWA-SBREFA@faa.gov.
Background
In 1971, responding to a Congressional mandate for rulemaking (Pub.
L. 91-96), the FAA adopted amendments to parts 25, 29, 91, 121, and 135
of title 14 of the Code of Federal Regulations (CFR) to require the
installation and use of Emergency Locator Transmitters (ELTs),
automatic or survival, as required, that met the requirements of
Technical Standard Order (TSO)-C91.
The amendments required that certain U.S.-registered civil
airplanes be equipped with automatic ELTs. An automatic ELT is a crash-
activated electronic signaling device used to facilitate search and
rescue efforts in locating downed aircraft. The ELTs crash sensor is
commonly called a G-switch (an actuation device that operates on
acceleration forces measured in G's; one G denotes the acceleration of
the earth's gravity). In most installations, the ELT is attached to the
aircraft structure as far aft as practicable in the fuselage in such a
manner that damage to the device will be minimized in the event of
impact.
Certain aircraft, such as turbojet-powered aircraft and aircraft
engaged in scheduled air carrier operations, were excepted from this
requirement because they were considered to be more readily located
after an accident and because they operate within the air traffic
control system and their operators have filed instrument flight plans.
The rule was applicable to those airplanes that were considered to
be most difficult to locate after an accident, such as general aviation
type airplanes. An ELT was considered particularly helpful in locating
an airplane that is operated by a pilot who does not file a flight plan
or operate within the air traffic control system on an instrument
flight plan.
Since the adoption of those amendments requiring installation of
ELTs, there had been unsatisfactory field experience with the automatic
ELTs manufactured under TSO-C91, specifically, a significant failure-
to-activate rate, and false alarms. (NTSB Safety Recommendations A-78-5
through A-78-12, issued in 1978 addressed some of these ELT problems.)
As a result, the FAA requested RTCA, Inc. (formerly the Radio Technical
Commission for Aeronautics) to develop a revised technical standard
that would address these problems. The RTCA project produced a minimum
operational performance standard that was referenced in TSO-C91a,
issued in April 1985. Installation of ELTs that met this improved
standard, however, was voluntary.
Following the issuance of the new TSO, in 1987 the NTSB issued
safety recommendation A-87-104, that recommended that existing ELTs be
replaced with ELTs that comply with TSO-C91a by 1989. That safety
recommendation also urged that ELTs be subject to specific maintenance
requirements.
In October 1990, the National Aeronautics and Space Administration
(NASA) and the FAA completed a report entitled, ``Current Emergency
Locator Transmitter (ELT) Deficiencies and Potential Improvements
Utilizing TSO-C91a ELTs.'' This report consolidated and analyzed most
of the known data on ELT problems and quantified the safety problem.
General aviation accident and fatality data from the NTSB formed the
cornerstone of the report. The most significant conclusions derived
from the report showed: 23 to 58 lives were lost per year due to rescue
operations made more difficult because of ELT failures. Fifteen percent
of ELT failures were attributed to poor or no ELT maintenance; and,
after excluding lives lost attributed to maintenance-related ELT
failures, 64 percent or 13 to 31 of the lives lost each year could have
been saved with a complete transition to TSO-C91a ELTs.
Based on the known unsatisfactory performance of the TSO-C91 ELTs
during the 1970's and 1980's, the FAA issued Notice No. 90-11 (55 FR
12316 April 2, 1990). This notice proposed that ELTs approved under
TSO-C91a (or later issued TSOs for ELTs) be required for all future
installations. The NPRM further proposed that the manufacture of the
TSO-C91 ELTs be
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simultaneously terminated with issuance of a final rule. The term
``future installations'' applied to newly manufactured airplanes, and
to the replacement of existing ELTs as they became unusable or
unserviceable. Additionally, the FAA solicited comments on the need for
a fleet-wide ELT replacement program and specific maintenance
requirements.
On June 21, 1994, the FAA issued a final rule requiring that newly
installed ELTs on U.S.-registered aircraft be of an improved design
that met the requirements of TSO-C91a or later TSOs issued for ELTs (54
FR 32057). The final rule also addressed certain safety recommendations
made by the NTSB and the search and rescue (SAR) community. The FAA
also adopted improved standards for survival ELTs. The rule was
expected to have a dramatic effect on reducing activation failures and
would increase the likelihood of locating airplanes after accidents. In
addition, publication of the final rule coincided with notice of the
FAA's withdrawal of manufacturing authority for ELTs produced under
TSO-C91.
This final rule was amended with a correction, published on July 6,
1994, which stated that ELTs meeting the requirements of TSO-C91 could
no longer be used for new installations after June 21, 1995. (54 FR
34578)
Recent Congressional Action
As stated earlier, turbojet-powered aircraft had been excepted from
the part 91 ELT requirement because such aircraft are normally flown
under Instrument Flight Rules and are normally in radio contact
throughout their flight with air traffic control (ATC); as a result,
their location is generally known by ATC throughout their flight.
However, Congress took action to remove this exception and require
ELT equipment on turbojet-powered aircraft as a result of a missing
``business jet'' type of turbojet-powered aircraft that crashed on
approach to Lebanon Municipal Airport in New Hampshire in 1996. This
aircraft, a Learjet 35A, which had been operating under instrument
meteorological conditions but did not have an ELT, was not found until
1999 (by a forester) approximately 17 nautical miles from the airport.
On April 5, 2000, Congress passed H.R. 1000, the Wendell H. Ford
Aviation Investment and Reform Act for the 21st Century (AIR-21) (Pub.
L. 106-181). Section 501 of this legislation set forth the following
requirements: (1) It removed the current exception of turbojet-powered
aircraft from the ELT requirement: (2) It limited the scope of the rule
change by creating a new exception category for aircraft with a maximum
payload capacity of more than 18,000 pounds when used in air
transportation; (3) It required that the affected turbojet-powered
aircraft be equipped with ELTs that transmit on the 121.5/243 megahertz
frequency or the 406 megahertz frequency or with other equipment
approved by the Secretary; and (4) It specified a compliance date for
the new changes, of January 1, 2002, unless the Administrator grants
operators up to 2 years after January 1, 2002, to equip affected
turbojet-powered aircraft with ELT equipment.
The removal of the exception for turbojet-powered aircraft in
Sec. 91.207(f)(1) affects not only private business jets, such as the
one lost after the 1996 accident in New Hampshire, but also any
turbojet-powered aircraft that does not qualify for one of the other
exceptions. Since current Sec. 91.207(f)(2) excepts scheduled
operations by air carriers, the remaining operations that are affected
are unscheduled operations conducted under parts 119, 121, and 135 with
turbojet-powered aircraft, as well as turbojet-powered aircraft
operated under part 91 or part 125. However, such operations conducted
in large turbojet powered aircraft in air transportation are normally
flown under IFR and are in radio contact with a flight-following or
dispatch system or with ATC throughout the flight. For this reason
Congress limited the scope of its action by adding an exception for
aircraft with a maximum payload capacity of more than 18,000 pounds
when used in air transportation. ``Air transportation'' is the carriage
of persons or property as a common carrier for compensation or hire,
i.e., operations conducted by air carriers. For purposes of this
regulation, the definition of ``maximum payload capacity'' in
Sec. 119.3 will be used.
The provision in AIR-21 allowing the use of ELTs operating on
either the 121.5/243 megahertz frequency or the 406 megahertz frequency
is consistent with the types of ELTs that are currently approved by the
FAA for installation on aircraft. However, the FAA strongly urges
operators who are installing an ELT for the first time, in order to
comply with this new requirement, to install an ELT that operates on
the 406 megahertz frequency, even though this is the more costly
option. There are two reasons to do this:
1. In the final rule published on June 21, 1994 (59 FR 32050), the
FAA recommended the use of the 406 MHz ELT, stating that the higher
frequency ELT provides an enhancement and more life-saving benefits,
especially for operations conducted over water and in remote areas.
Commenters to the NPRM on which the 1994 final rule was based argued
that the 406 MHz ELT has significant technical improvements over the
121.5/243 MHz ELT and that it is compatible with the Search and Rescue
Satellite-Aided Tracking System (COSPAS-SARSAT). Commenters further
argued that COSPAS/SARSAT has proven to be an effective tool in
detecting and locating both maritime and aeronautical distress
incidents, that the satellite system had been credited with saving more
than 1,700 lives, and that, in many of these cases, the satellite
system was the only means of detecting the distress signal.
In addition, not only does the 406 MHz ELT transmit a stronger
signal that can be detected almost instantaneously by geostationary
satellites, the 406 MHz ELT signal can be coded with the owner's
identification or aircraft coding. This coding permits Search and
Rescue Coordination Centers to contact the registered owner or operator
and verify if the aircraft is flying or safely tied down or in a
hangar. This permits a rapid SAR response or allows the owner or
operator to deactivate a 406 MHz ELT that is inadvertently
transmitting. This valuable feature permits a very rapid SAR response
in the event of a real accident, and it saves valuable SAR resources in
the event of an inadvertent 406 MHz ELT activation. In addition to its
many other benefits, newer 406 MHz ELTs are being designed with the
capability to transmit an aircraft's last known position. This
capability further reduces the 406 MHz's already small search area.
The current 121.5 MHz ELT is lower-powered, does not transmit any
owner or aircraft coding, and its signal does not produce as small a
search area as a 406 MHz ELT. In addition, United States SAR
organizations do not respond as quickly to a 121.5 MHz ELT alert as
they do to a 406 MHz alert. The reason is the large number of 121.5 MHz
ELT false alerts. Because of the large number of 121.5 MHz ELT false
alerts, the common practice is to wait for either a confirmation of an
alert by additional satellite passes or through confirmation of an
overdue aircraft or similar notification.
2. In the year 2009, the international COSPAS-SARSAT satellite
system will no longer provide satellite-based monitoring of the 121.5/
243 MHz frequency. After the date of the satellite termination, in
2009, 121.5 MHz signals transmitted from ELTs operating on the lower
frequency will only be detected by ground-based receivers such as local
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airport facilities or air traffic control facilities or by overflying
aircraft.
Because of the many safety benefits of installing ELTss operating
on the 406 MHz frequency, and the pending termination of the satellite-
based monitoring of the 121.5/243 MHz frequency, the Administrator has
decided to extend the compliance period for this new ELT requirement to
January 1, 2004, as allowed under AIR-21, to permit those owners or
operators who want to install the more effective 406 MHz ELT time to do
so. This extra time will ensure that manufacturers can provide an
adequate supply of the higher frequency 406 MHz ELTs, which in turn may
lower the cost for operators required to purchase and install an ELT
under this final rule.
Waiver Under the Administrative Procedure Act
Under the Administrative Procedure Act (APA) (5 U.S.C. 553(b)), an
agency may waive the normal notice and comment requirements if it
finds, for good cause, that they are impracticable, unnecessary, or
contrary to the public interest. Since AIR-21 mandated the changes to
the ELT requirements and directed the FAA to issue a final rule by
January 1, 2001, the FAA has determined that it has good cause to waive
prior notice and comment and to make this final rule effective in less
than 30 days after publication.
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 are no new information collection requirements associated with
this rule.
Regulatory Evaluation Summary
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
must 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 requires agencies to analyze the
economic effect of regulatory changes on small entities. Third, OMB
directs agencies to assess the effect of regulatory changes on
international trade. Fourth, the Unfunded Mandates Reform Act of 1995
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).
Since this rule carries forth the direction and scope of the law,
the cost and the benefit are attributed to the law and not to this
implementing rule. Thus, in conducting these analyses, the FAA has
determined that this rule is not ``a significant regulatory action''
under section 3(f) of Executive order 12866 and, therefore, is not
subject to review by the Office of Management and Budget. The rule is
not considered significant under the regulatory policies and procedures
of the Department of Transportation (44 FR 11034, February 26, 1979).
For the reason given above, this rule will not have a significant
impact on a substantial number of small entities, will not constitute a
barrier to international trade, and does not impose an unfunded mandate
on state, local, or tribal governments, or on the private sector.
The cost and the benefit of this rule are attributed to Section 501
of this legislation which set forth the following requirements: (1) It
removed the current exemption of turbojet-powered aircraft from the ELT
requirement; and (2) It required that these turbo-powered aircraft be
equipped with ELT's that transmit on the 121.5/243 megahertz frequency
or the 406 megahertz frequency or with other equipment approved by the
Secretary. This rule does not exceed the direction and scope of the law
as just described.
Final Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a
principle of regulatory issuance that agencies must endeavor,
consistent with the objective of the rule and of applicable statutes,
to fit regulatory and informational requirements to the scale of the
business, organizations, and governmental jurisdictions subject to
regulation.'' To achieve that principle, the Act requires agencies to
solicit and consider flexible regulatory proposals and to explain the
rationale for their actions. The Act 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 proposed or
final rule will have a significant economic impact on a substantial
number of small entities. If the determination is that it will, the
agency must prepare a regulatory flexibility analysis as described in
the Act.
However, if an agency determines that a final rule is not expected
to have a significant economic impact on a substantial number of small
entities, section 605(b) of the 1980 act provides that the head of the
agency may so certify and an regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
This rule carries forth the direction and scope of section 501 of
the Wendall H. Ford Aviation Investment and Reform Act. The cost and
the benefit are attributed to the law and not to this implementing
rule. Consequently, the FAA certifies that this rule will not have a
significant economic impact on a substantial number of small entities.
International Trade Impact Statement
The Trade Agreement Act of 1979 prohibits Federal agencies from
engaging in any standards or related activities that create unnecessary
obstacles to the foreign commerce of the United States. Legitimate
domestic objectives, such as safety, are not considered unnecessary
obstacles. The statute also requires consideration of international
standards and where appropriate, that they be the basis for U.S.
standards. In addition, consistent with the Administration's belief in
the general superiority and desirability of free trade, it is the
policy of the Administration to remove or diminish to the extent
feasible, barriers to international trade, including both barriers
affecting the export of American goods and services to foreign
countries and barriers affecting the import of foreign goods and
services into the United States.
In accordance with the above statute and policy, the FAA has
assessed the potential effect of this final rule and has determined
that it will impose the same costs on domestic and international
entities and thus has a neutral trade impact.
Federalism Implications
The regulations herein will not have substantial direct effects on
the States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, in accordance with Executive
Order 13132, the FAA has determined that this rule will not have
sufficient federalism implications to warrant the preparation of a
federlism assessment.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (the Act),
codified
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as 2 U.S.C. 1501-1571, requires each Federal agency, to the extent
permitted by law, to prepare a written assessment of the effects of any
Federal mandate in a proposed or final agency rule that may result in
the expenditure by State, local, and tribal governments, in the
aggregate, or by the private sector, of $100 million or more (adjusted
annually for inflation) in any one year. Section 204(a) of the Act, 2
U.S.C. 1534(a), requires the Federal agency to develop an effective
process to permit timely input by elected officers (or their designees)
of State, local, and tribal governments on a proposed ``significant
intergovernmental mandate.'' A ``significant intergovernmental
mandate'' under the Act is any provision in a Federal agency regulation
that would impose an enforceable duty upon State, local, and tribal
governments, in the aggregate, of $100 million (adjusted annually for
inflation) in any one year. Section 203 of the Act, 2 U.S.C. 1533,
which supplements section 204(a), provides that before establishing any
regulatory requirements that might significantly or uniquely affect
small governments, the agency must have developed a plan that, among
other things, provides for notice to potentially affected small
governments, if any, and for a meaningful and timely opportunity to
provide input in the development of regulatory proposals.
The FAA has determined that this rule does not contain a Federal
intergovernmental or private sector mandate that exceeds $100 million
in any one year.
Environmental Analysis
FAA Order 1050.1D defines FAA actions that may be categorically
excluded from preparation of a National Environmental Policy Act (NEPA)
environmental assessment or environmental impact statement. In
accordance with FAA Order 1050.1D, appendix 4, paragraph 4(j),
regulations, standards, and exceptions (excluding those that, if
implemented, may cause a significant impact on the human environment)
qualify for a categorical exclusion. The FAA has determined that this
rule qualifies for a categorical exclusion because no significant
impacts to the environment are expected to result from its
implementation.
List of Subjects in 14 CFR Part 91
Air traffic control, Aircraft, Aviation safety, Safety.
The Amendment
For the reasons set forth above, the Federal Aviation
Administration amends 14 CFR part 91 as follows:
PART 91--GENERAL OPERATING AND FLIGHT RULES
1. The authority citation for part 91 continues to read as follows:
Authority 49 U.S.C. 106(g), 40103, 40113, 40120, 44101, 44111,
44701, 44709, 44711, 44712, 44715, 44716, 44717, 44722, 46306,
46315, 46316, 46502, 46504, 46506-46507, 47122, 47508, 47528-47531.
2. Amend Sec. 91.207 as follows:
a. By revising paragraphs (f) introductory text, and (f)(1);
b. Removing ``; and'' from the end of paragraph (f)(9) and adding a
period;
c. Removing at the end of paragraph (f)(10)(ii) and adding ``;
and''; and
d. Adding paragraph (f)(11). The revisions and addition read as
follows:
Sec. 91.207 Emergency locator transmitters.
* * * * *
(f) Paragraph (a) of this section does not apply to--
(1) Before January 1, 2004, turbo-powered aircraft;
* * * * *
(11) On and after January 1, 2004, aircraft with a maximum payload
capacity of more than 18,000 pounds when used in air transportation.
Issued in Washington, DC on December 15, 2000.
Jane F. Garvey,
Administrator.
[FR Doc. 00-32511 Filed 12-21-00; 8:45 am]
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