
[Federal Register: July 15, 2009 (Volume 74, Number 134)]
[Notices]               
[Page 34390-34391]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15jy09-138]                         

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

 
Aviation Rulemaking Advisory Committee--New Task

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of new task assignment for the Aviation Rulemaking 
Advisory Committee (ARAC).

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SUMMARY: The FAA assigned the Aviation Rulemaking Advisory Committee 
(ARAC) a new task to develop maintenance requirements for aircraft used 
in commercial air tour operations. This is in response to National 
Transportation Safety Board (NTSB) recommendations. This notice is to 
inform the public of the new ARAC activity and solicit membership to a 
new Commercial Air Tour Maintenance (CATM) Working Group to support 
ARAC on this new task.

FOR FURTHER INFORMATION CONTACT: Frank Wiederman, Air Carrier 
Maintenance Branch, AFS-330, Federal Aviation Administration, 950 
L'Enfant Plaza, SW., 5th Floor, Washington, DC 20024; telephone (202) 
385-6443, facsimile (202) 385-6474; e-mail frank.wiederman@faa.gov.

SUPPLEMENTARY INFORMATION: 

Background

    The FAA established ARAC to provide advice and recommendations to 
the FAA Administrator on the FAA's rulemaking activities with respect 
to aviation-related issues. This includes obtaining advice and 
recommendations on 14 CFR part 136--Commercial Air Tours and National 
Parks Air Tour Management.
    In March 2007, a helicopter, operating under part 135 as an air 
tour flight, crashed while trying to land in Hawaii. Due to this crash, 
NTSB, on June 12, 2008, issued two safety recommendations to the FAA 
that identify the need for a maintenance quality assurance system and 
maintenance training for commercial air tour operations. The two safety 
recommendations are as follows:
    1. A-08-32: Require that all air tour operators (14 CFR parts 91 
and 135) establish and maintain a system for continuously analyzing the 
performance and effectiveness of their inspection and maintenance 
program to ensure that all maintenance is performed with the utmost 
regard for quality and safety.
    2. A-08-33: Require air tour operators to provide formal, model 
specific helicopter maintenance training for their mechanics to ensure 
an adequate level of competency.
    FAA's review of NTSB's safety recommendations further identifies 
the need for a required inspection program for all commercial air tour 
operations.
    Current FAA regulations require that air carriers operating under 
parts 121 and 135 (with aircraft type certificated for a passenger 
seating configuration, excluding any pilot seat, of ten seats or more) 
for the purpose of conducting air tours are required to have a 
maintenance quality assurance system, a maintenance training program 
and a required inspection program. However, similar requirements do not 
exist for aircraft operated under parts 91 and 135 (with aircraft type 
certificated for a passenger seating configuration,

[[Page 34391]]

excluding any pilot seat, of 9 or fewer seats). This task is intended 
to address these differences.
    The objective of the Commercial Air Tour Maintenance (CATM) Working 
Group is to recommend a maintenance quality assurance system, a 
maintenance training program and a required inspection program for 
operators and air carriers that conduct air tours and operate under 
parts 91 and 135 (with aircraft type certificated for a passenger 
seating configuration, excluding any pilot seat, of 9 or fewer seats).

The Task

    ARAC is tasked to develop recommendations for a maintenance quality 
assurance system, a maintenance training program and a required 
inspection program for operators and air carriers that conduct air 
tours and who operate under parts 91 and 135 (aircraft type 
certificated for a passenger seating configuration, excluding any pilot 
seat, of 9 or fewer seats).
    ARAC will be supported by the CATM Working Group who will:
    1. Review NTSB's June 12, 2008 letter to the FAA to understand the 
facts and analysis of the accident findings that lead to issuing safety 
recommendations A-08-32 and A-08-33. The letter is found at http://
www.ntsb.gov/recs/letters/2008/A08_32_35.pdf. (Note: Included in 
NTSB's letter are safety recommendations A-08-34 and A-08-35. These are 
not part of this ARAC tasking.)
    2. Review Advisory Circulars (AC) 120-79 and 120-16E for available 
guidance on developing and implementing a maintenance quality assurance 
system, maintenance training program and required inspection program. A 
copy of these ACs are at: http://www.airweb.faa.gov/Regulatory_and_
Guidance_Library/rgAdvisoryCircular.nsf/0/
c83d3e4ceb74e1df86256d1600587657/$FILE/AC120-79.pdf and http://
www.airweb.faa.gov/Regulatory_and_Guidance_Library/
rgAdvisoryCircular.nsf/0/d505ffc06aecc27e862574c6005480a2/$FILE/
AC%20120-16E.pdf.
    3. Develop a report containing recommendations for rulemaking and 
explain the reason and safety benefits for each recommendation and will 
present the findings at the next ARAC Executive Committee meeting.
    If a Notice of Proposed Rulemaking (NPRM) is published for public 
comment as a result of the recommendations from this tasking, the FAA 
may ask ARAC to review the comments received and provide a recommended 
response to them.
    Schedule: The tasks must be completed no later than 12 months after 
the first working group meeting.

ARAC Acceptance of Task

    ARAC accepted the task and assigned the task to the CATM Working 
Group. The working group serves as staff to ARAC and assists in the 
analysis of assigned tasks. ARAC must review and approve the working 
group's recommendations. If ARAC accepts the working group's 
recommendations, it will send them to the FAA. The FAA will submit the 
recommendations it receives to the agency's Rulemaking Management 
Council to address the availability of resources and prioritization.

Working Group Activity

    The Commercial Air Tour Maintenance (CATM) Working Group must 
comply with the procedures adopted by ARAC. As part of the procedures, 
the working group must:
    1. Recommend a work plan for completion of the task, including the 
rationale supporting such a plan for consideration at the next ARAC 
Executive Committee meeting held following publication of this notice.
    2. Give a detailed conceptual presentation of the proposed 
recommendations prior to proceeding with the work stated in item 3 
below.
    3. Draft the appropriate documents and required analyses and/or any 
other related materials or documents.
    4. Provide a status report at each meeting of the ARAC Executive 
Committee.

Participation in the Working Group

    The CATM Working Group will be composed of technical experts having 
an interest in the assigned task. A working group member need not be a 
representative or a member of the full committee.
    If you have expertise in the subject matter and wish to become a 
member of the working group, write to the person listed under the 
caption FOR FURTHER INFORMATION CONTACT expressing that desire. 
Describe your interest in the task and state the expertise you would 
bring to the working group. We must receive all requests by September 
14, 2009. The Executive Committee and the FAA will review the requests 
and advise you whether or not your request is approved.
    If you are chosen for membership on the working group, you must 
represent your aviation community segment and actively participate in 
the working group by attending all meetings, and providing written 
comments when requested to do so. You must devote the resources 
necessary to support the working group in meeting any assigned 
deadlines. You must keep your management chain and those you may 
represent advised of working group activities and decisions to ensure 
the proposed technical solutions don't conflict with your sponsoring 
organization's position when the subject is presented to ARAC for 
approval. Once the working group has begun deliberations, members will 
not be added or substituted without the approval of the FAA and the 
working group chair.
    The Secretary of Transportation determined the formation and use of 
ARAC is necessary and in the public interest in connection with the 
performance of duties imposed on the FAA by law.
    Meetings of ARAC are open to the public. Meetings of the CATM 
Working Group will not be open to the public, except to the extent 
individuals with an interest and expertise are selected to participate. 
The FAA will make no public announcement of working group meetings.

    Issued in Washington, DC, on July 10, 2009.
Pamela Hamilton-Powell,
Executive Director, Aviation Rulemaking Advisory Committee.
[FR Doc. E9-16788 Filed 7-14-09; 8:45 am]

BILLING CODE 4910-13-P
