

[Federal Register: September 14, 2007 (Volume 72, Number 178)]
[Rules and Regulations]               
[Page 52467-52470]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14se07-1]                         


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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 
Prices of new books are listed in the first FEDERAL REGISTER issue of each 
week.

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[[Page 52467]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 45

[Docket No. FAA-2007-27173; Amendment No. 45-25]
RIN 2120-AJ02

 
Nationality and Registration Marks, Non Fixed-Wing Aircraft

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Direct final rule; request for comments.

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SUMMARY: This direct final rule will permit operators of U.S. 
registered powered parachutes and weight-shift-control aircraft to 
display their nationality and registration marks in other than a 
horizontal orientation on the fuselage, a structural member, or a 
component of the aircraft. It will also clarify the size requirements 
for these marks. This action will provide a solution to the challenges 
faced by many operators in complying with current regulations that 
require these marks to be displayed horizontally on a fuselage 
structural member. This rule will eliminate the need for affected 
operators to petition for an exemption from current nationality and 
registration marks requirements.

DATES: Effective November 13, 2007. Comments for inclusion in the Rules 
Docket must be received on or before October 15, 2007.

ADDRESSES: You may send comments identified by Docket Number FAA-2007-
27173 using any of the following methods:
     DOT Docket Web site: Go to http://dms.dot.gov and follow 

the instructions for sending your comments electronically.
     Government-wide rulemaking Web site: Go to http://www.regulations.gov
 and follow the instructions for sending your 

comments electronically.
     Mail: Send comments to the Docket Management Facility; 
U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West 
Building Ground Floor, Room W12-140, Washington, DC 20590.
     Fax: Fax comments to the Docket Management Facility at 
202-493-2251.
     Hand Delivery: Bring comments to the Docket Management 
Facility in Room W12-140, West Building Ground Floor at 1200 New Jersey 
Avenue, SE., Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Federal holidays.

For more information on the rulemaking process, see the SUPPLEMENTARY 
INFORMATION section of this document.
    Docket: To read background documents or comments received, go to 
http://dms.dot.gov at any time or to Room W12-140, West Building Ground 

Floor, 1200 New Jersey Avenue, SE., Washington, DC, between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Grant Schneemann, AIR-230, 
Airworthiness Branch, Production and Airworthiness Division, Aircraft 
Certification Service, Federal Aviation Administration, 800 
Independence Avenue, SW., Washington, DC 20591; telephone (202) 267-
8473; facsimile (202) 267-5580; e-mail grant.schneemann@faa.gov.

SUPPLEMENTARY INFORMATION: Currently, Sec.  45.27(e) of Title 14 of the 
Code of Federal Regulations (14 CFR) requires operators of U.S. 
registered powered parachutes and weight-shift-control aircraft to 
display nationality and registration markings horizontally and in two 
diametrically opposite positions on any fuselage structural member. 
However, fuselage structural members for these aircraft are, quite 
often, nothing more than diagonally-mounted narrow bars. These bars, 
due to their size and orientation, are generally unsuitable for 
displaying nationality and registration marks as required by current 
regulations. Consequently, the Experimental Aircraft Association (EAA) 
petitioned the FAA for an exemption from Sec.  45.27(e) of the 
regulations to allow horizontal or vertical display of the required 
markings. The EAA also separately petitioned the FAA for rulemaking to 
revise Sec.  45.27(e) to the same effect.
    In consideration of the varying and evolving structural designs of 
powered parachute and weight-shift-control aircraft, the FAA is issuing 
this direct final rule to accommodate these aircraft designs and enable 
them to meet the intent of the marking requirements. This amendment 
will relieve operators of U.S. registered powered parachute and weight-
shift-control aircraft from the current requirement to display 
nationality and registration marks in only a horizontal orientation. It 
will also relax the requirement that marks be displayed on a fuselage 
structural member, while clarifying the minimum requirement for 3 inch 
high markings. This amendment will permit the display of marks on the 
fuselage, on a structural member of the aircraft, or on a component of 
the aircraft. The marks must be visible by a person standing 90 degrees 
off the nose of the aircraft. Because operators will have greater 
latitude in displaying nationality and registration marks, we believe 
this rule will allow them to achieve compliance more easily.
    Part 45 also contains requirements regarding the size of 
nationality and registration markings. Section 45.29(f) states that if 
any approved surface ``is not large enough for full-size marks, marks 
as large as practicable'' must be used. This rule will clarify the size 
requirements for nationality and registration marks by amending Sec.  
45.29(f) to state the marks for powered parachutes and weight-shift-
control aircraft must be no less than 3 inches high. This amendment to 
Sec.  45.29(f) is consistent with the size requirements of Sec.  
45.29(b)(2), which specifies that powered parachutes and weight-shift-
control aircraft must have marks at least 3 inches high.

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, Section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.
    This rulemaking is promulgated under the authority described in 
Subtitle VII, Part A, Subpart III, Safety, Section 44104. Under that 
section, the FAA is charged with prescribing

[[Page 52468]]

regulations in the interest of safety for registering and identifying 
an aircraft, engine, propeller, or appliance. This regulation is within 
the scope of that authority because it eliminates a potentially 
burdensome marking requirement on many operators, while still requiring 
proper marking and identification of the affected aircraft.

The Direct Final Rule Procedure

    The FAA anticipates that this regulation will not result in any 
adverse or negative comments and therefore is issuing a direct final 
rule. We believe we will not receive adverse or negative comments 
because this action will--
     Eliminate the need for operators to petition the FAA for 
an exemption from the nationality and registration marks requirements 
in Sec. Sec.  45.27 and 45.29.
     Provide relief from a requirement which, due to varying 
aircraft designs, presents challenges for compliance.
     Not place any new requirements or additional burdens on 
affected operators, nor will it require any changes to existing 
aircraft.
    The regulation will become effective on the date specified above 
unless a written adverse or negative comment or a written notice of 
intent to submit an adverse or negative comment is received within the 
comment period. After the close of the comment period, the FAA will 
publish a document in the Federal Register indicating that no adverse 
or negative comments were received and confirming the date on which the 
direct final rule will become effective. If the FAA does receive, 
within the comment period, an adverse or negative comment which is 
within the scope of this rule, or written notice of intent to submit 
such a comment, a document withdrawing the direct final rule will be 
published in the Federal Register, and a notice of proposed rulemaking 
may be published with a new comment period.

Comments Invited

    The FAA invites interested persons to participate in this 
rulemaking by submitting written comments, data, or views. We also 
invite comments relating to the economic, environmental, energy, or 
federalism impacts that might result from adopting this rule. The most 
helpful comments reference a specific portion of the rule, explain the 
reason for any recommended change, and include supporting data.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. The docket is available for public 
inspection before and after the comment closing date. If you wish to 
review the docket in person, go to the address in the ADDRESSES section 
of this preamble between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. You may also review the docket using the 
Internet at the web address in the ADDRESSES section.
    Privacy Act: Using the search function of our docket Web site, 
anyone can find and read the comments received into any of our dockets, 
including the name of the individual sending the comment (or signing 
the comment on behalf of an association, business, labor union, etc.). 
You may review DOT's complete Privacy Act Statement in the Federal 
Register published on April 11, 2000 (65 FR 19477-78) or you may visit 
http://dms.dot.gov.


Availability of Rulemaking Documents

    You may obtain an electronic copy using the Internet by:
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) web page (http://dms.dot.gov/search);    (2) Visiting the FAA's Regulations and Policy web page at http://

http://www.faa.gov/regulations_policies/; or

    (3) Accessing the Government Printing Office's web page at http://www.gpoaccess.gov/fr/index.html
.

    You may also obtain a copy by sending 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 docket number, notice number, or amendment number 
of this rulemaking.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
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 SBREFA on the Internet at our site, http://www.faa.gov/regulations_policies/rulemaking/sbre_act/
.


Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)), requires 
the FAA to consider the impact of paperwork and other information 
collection burdens imposed on the public. We have determined that there 
are no new information collection requirements associated with these 
amendments.

International Compatibility

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

Regulatory Evaluation, Regulatory Flexibility Determination, 
International Trade Impact Assessment, and Unfunded Mandates Assessment

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs 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 direct final rule.
    Department of Transportation Order DOT 2100.5 prescribes policies 
and procedures for simplification, analysis, and review of regulations. 
If the expected cost impact is so minimal that a proposed or final rule 
does not warrant a full evaluation, this order permits that a statement 
to that effect and the basis for it be included in the preamble if a 
full regulatory evaluation of the cost and benefits is not prepared. 
Such a determination has been made for this direct final rule. The 
reasoning for this determination follows:

[[Page 52469]]

    This direct final rule will not impose any cost on operators of 
U.S. registered powered parachute and weight-shift-control aircraft. It 
is relieving in nature, and is intended to eliminate the need for 
affected operators to petition for an exemption from current 
nationality and registration marks requirements. It will not require 
any change to the location of existing nationality or registration 
marks.
    FAA has, therefore determined that this direct 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.

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.
    This direct final rule will not impose any cost on operators of 
U.S. registered powered parachute and weight-shift-control aircraft. It 
is relieving in nature, and eliminates the need for affected operators 
to petition for an exemption from current nationality and registration 
marks requirements. It will not require any change to the location of 
existing nationality or registration marks.
    Therefore, as the FAA Administrator, I certify that this rule will 
not have a significant economic impact on a substantial number of small 
entities.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Pub. L. 96-39) prohibits Federal 
agencies from establishing any standards or engaging in 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. The FAA has assessed the 
potential effect of this direct final rule and has determined that it 
will have only a domestic impact and, therefore, no affect on 
international trade.

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 
(adjusted annually for inflation with the base year 1995) 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 $128.1 million in lieu of $100 million.
    This direct final rule does not contain such a mandate.

Executive Order 13132, Federalism

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

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 proposed rulemaking action qualifies for the 
categorical exclusion identified in paragraph 312 and involves no 
extraordinary circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or 
Use

    The FAA has analyzed this direct final rule under Executive Order 
13211, Actions Concerning Regulations that Significantly Affect Energy 
Supply, Distribution, or Use (66 FR 28355, May 18, 2001). We have 
determined that it is not a ``significant energy action'' under the 
Executive Order because it is not a ``significant regulatory action'' 
under Executive Order 12866, and it is not likely to have a significant 
adverse effect on the supply, distribution, or use of energy.

List of Subjects in 14 CFR Part 45

    Aircraft, Exports, Signs and symbols.

Adoption of the Amendment

0
Accordingly, the Federal Aviation Administration amends part 45 of the 
Federal Aviation Regulations (14 CFR part 45) as follows:

PART 45--IDENTIFICATION AND REGISTRATION MARKING

0
1. The authority citation for part 45 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40103, 44109, 40113-40114, 44101-
44105, 44107-44108, 44110-44111, 44504, 44701, 44708-44709, 44711-
44713, 44725, 45302-45303, 46104-46304, 46306, 47122.

0
2. Amend Sec.  45.27 to revise paragraph (e) to read as follows:


Sec.  45.27  Location of marks; nonfixed-wing aircraft.

* * * * *
    (e) Powered parachutes and weight-shift-control aircraft. Each 
operator of a powered parachute or a weight-shift-control aircraft must 
display the marks required by Sec. Sec.  45.23 and 45.29(b)(2) of this 
part. The marks must be displayed in two diametrically opposite 
positions on the fuselage, a structural member, or a component of the 
aircraft and must be visible from the side of the aircraft.
0
3. Amend Sec.  45.29 to revise paragraph (f) to read as follows:


Sec.  45.29  Size of marks.

* * * * *
    (f) If either one of the surfaces authorized for displaying 
required marks under Sec.  45.25 is large enough for display of marks 
meeting the size requirements of this section and the other is not, 
full size marks shall be placed on the larger surface. If neither 
surface is large enough for full-size marks, marks as large as 
practicable shall be displayed on the larger of the two surfaces. If no 
surface authorized to be marked by Sec.  45.27 is large enough for 
full-size marks, marks as large as

[[Page 52470]]

practicable shall be placed on the largest of the authorized surfaces. 
However, powered parachutes and weight-shift-control aircraft must 
display marks at least 3 inches high.
* * * * *

    Issued in Washington, DC, on July 30, 2007.
Marion C. Blakey,
Administrator.
 [FR Doc. E7-18197 Filed 9-13-07; 8:45 am]

BILLING CODE 4910-13-P
