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FAR/JAR Harmonization Actions; Revisions to Requirements Concerning Airplane Operating Limitations and the Content of Airplane Flight Manuals for Transport Category Airplanes
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: December 18, 2000 (Volume 65, Number 243)]
[Proposed Rules]
[Page 79293-79304]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18de00-37]
[[Page 79293]]
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Part VI
Department of Transportation
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Federal Aviation Administration
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14 CFR Part 25
FAR/JAR Harmonization Actions; Revisions to Requirements Concerning
Airplane Operating Limitations and the Content of Airplane Flight
Manuals for Transport Category Airplanes; Proposed Rule
[[Page 79294]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA-2000-8511; Notice No. 00-17]
RIN 2120-AG92
FAR/JAR Harmonization Actions; Revisions to Requirements
Concerning Airplane Operating Limitations and the Content of Airplane
Flight Manuals for Transport Category Airplanes
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Federal Aviation Administration proposed to amend the
airworthiness standards for transport category airplanes concerning
airplane operating limitations and the content of airplane flight
manuals. Adopting this proposal would eliminate regulatory differences
between the airworthiness standards of the U.S. and the Joint Aviation
Requirement of Europe, without affecting current industry design
practices.
DATES: Send your comments on or before February 16, 2001.
ADDRESSES: Address your comments to Dockets Management System, U.S.
Department of Transportation Dockets, Room Plaza 401, 400 Seventh
Street SW., Washington, DC 20590-0001. You must identify the docket
number FAA-2000-8511 at the beginning of your comments, and you should
submit two copies of your comments. If you wish to receive confirmation
that the FAA has received your comments, please include a self-
addressed, stamped postcard on which the following statement is made:
``Comments to Docket No. FAA-2000-8511.'' We will date-stamp the
postcard and mail it back to you.
You also may submit comments electronically to the following
Internet address; http://dms.dot.gov.
You may review the public docket containing comments to this
proposed regulation at the Department of Transportation (DOT) Dockets
Office, located on the plaza level of the Nassif Building at the above
address. You may review the public docket in person at this address
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal
holidays. Also, you may review the public dockets on the Internet at
http://dms.dot.gov.
FOR FURTHER INFORMATION CONTACT: Don Stimson, FAA, Airplane and Flight
Crew Interface Branch, ANM-111, Transport Airplane Directorate,
Aircraft Certification Service, 1601 Lind Avenue SW., Renton, WA 98055-
4056; telephone 425-227-1129; facsimile 425-227-1320, e-mail
don.stimson@faa.gov.
SUPPLEMENTARY INFORMATION:
How Do I Submit Comments to This NPRM?
Interested persons are invited to participate in the making of the
proposed action by submitting such written data, views, or arguments,
as they may desire. Comments relating to the environmental, energy,
federalism, or economic impact that might result from adopting the
proposals in this document are also invited. Substantive comments
should be accompanied by cost estimates. Comments must identify the
regulatory docket number and be submitted in duplicate to the DOT Rules
Docket address specified above.
All comments received, as well as a report summarizing each
substantive public contact with FAA personnel concerning this proposed
rulemaking, will be filed in the docket. The docket is available for
public inspection before and after the comment closing date.
We will consider all comments received on or before the closing
date before taking action on this proposed rulemaking. Comments filed
late will be considered as far as possible without incurring expense or
delay. The proposals in this document may be changed in light on the
comments received.
How Can I Obtain a Copy of This NPRM?
You may download an electronic copy of this document using a modem
and suitable communications software from the FAA regulations section
of the Fedworld electronic bulletin board service (telephone: 703-321-
3339); the Government Printing Office (GPO)'s electronic bulletin board
service (telephone; 202-512-1661); or, if applicable, the FAA's
Aviation Rulemaking Advisory Committee bulletin board service
(telephone: 800-322-2722 or 202-267-5948).
Internet users may access recently published rulemaking documents
at the FAA's web page at http://www.faa.gov/avr/arm/nprm/nprm.htm or
the GPO's web page at http://www.access.gpo.gov/nara.
You may obtain a copy of this document 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. Communications must identify the docket number of this NPRM.
Any person interested in being placed on the mailing list for
future rulemaking documents should request from the above office a copy
of Advisory Circular 11-2A, ``Notice of Proposed Rulemaking
Distribution System,'' which describes the application procedure.
What Are the Relevant Airworthiness Standards in the United States?
In the United States, the airworthiness standards for type
certification of transport category airplanes are contained in Title
14, Code of Federal Regulations (CFR) part 25. Manufacturers of
transport category airplanes must show that each airplane they produce
of a different type design complies with the appropriate part 25
standards. These standards apply to:
Airplanes manufactured within the U.S. for use by U.S.-
registered operators, and
Airplanes manufactured in other countries and imported to
the U.S. under a bilateral airworthiness agreement.
What Are the Relevant Airworthiness Standards in Europe?
In Europe, the airworthiness standards for type certification of
transport category airplanes are contained in Joint Aviation
Requirements (JAR)-25, which are based on part 25. These were developed
by the Joint Aviation Authorities (JAA) of Europe to provide a common
set of airworthiness standards within the European aviation community.
Twenty-three European countries accept airplanes type certificated to
the JAR-25 standards, including airplanes manufactured in the U.S. that
are type certificated to JAR-25 standards for export to Europe.
What Is ``Harmonization'' and How Did It Start?
Although part 25 and JAR-25 are very similar, they are not
identical in every respect. When airplanes are type certificated to
both sets of standards, the differences between part 25 and JAR-25 can
result in substantial additional costs to manufacturers and operators.
These additional costs, however, frequently do not bring about an
increase in safety. In many cases, part 25 and JAR-25 may contain
different requirements to accomplish the same safety intent.
Consequently, manufacturers are usually burdened with meeting the
requirements of both sets of standards, although the level of safety is
not increased correspondingly.
[[Page 79295]]
Recognizing that a common set of standards would not only benefit
the aviation industry economically, but also maintain the necessary
high level of safety, the FAA and the JAA began an effort in 1988 to
``harmonize'' their respective aviation standards. The goal of the
harmonization effort is to ensure that:
Where possible, standards do not require domestic and
foreign parties to manufacture or operate to different standards for
each country involved; and
The standards adopted are mutually acceptable to the FAA
and the foreign aviation authorities.
The FAA and JAA have identified a number of significant regulatory
differences (SRD) between the wording of part 25 and JAR-25. Both the
FAA and the JAA consider ``harmonization'' of the two sets of standards
a high priority.
What Is ARAC and What Role Does It Play in Harmonization?
After initiating the first steps towards harmonization, the FAA and
JAA soon realized that traditional methods of rulemaking and
accommodating different administrative procedures was neither
sufficient nor adequate to make appreciable progress towards fulfilling
the goal of harmonization. The FAA then identified the Aviation
Rulemaking Advisory Committee (ARAC) as an ideal vehicle for assisting
in resolving harmonization issues, and, in 1992, the FAA tasked ARAC to
undertake the entire harmonization effort.
The FAA had formally established ARAC in 1991 (56 FR 2190, January
22, 1991), to provide advice and recommendations concerning the full
range of the FAA's safety-related rulemaking activity. The FAA sought
this advice to develop better rules in less overall time and using
fewer FAA resources than previously needed. The committee provides the
FAA firsthand information and insight from interested parties regarding
potential new rules or revisions of existing rules.
There are 64 member organizations on the committee, representing a
wide range of interests within the aviation community. Meetings of the
committee are open to the public, except as authorized by section 10(d)
of the Federal Advisory Committee Act.
The ARAC establishes working groups to develop recommendations for
resolving specific airworthiness issues. Tasks assigned to working
groups are published in the Federal Register. Although working group
meetings are not generally open to the public, the FAA solicits
participation in working groups from interested members of the public
who possess knowledge or experience in the task area. Working groups
report directly to the ARAC, and the ARAC must accept a working group
proposal before ARAC presents the proposal to the FAA as an advisory
committee recommendation.
The activities of the ARAC will not, however, circumvent the public
rulemaking procedures; nor is the FAA limited to the rule language
``recommended'' by ARAC. If the FAA accepts an ARAC recommendation, the
agency proceeds with the normal public rulemaking procedures. Any ARAC
participation in a rulemaking package is fully disclosed in the public
docket.
What Is the Status of the Harmonization Effort Today?
Despite the work that ARAC has undertaken to address harmonization,
there remain a large number of regulatory differences between part 25
and JAR-25. The current harmonization process is extremely costly and
time-consuming for industry, the FAA, and the JAA. Industry has
expressed a strong desire to conclude the harmonization program as
quickly as possible to alleviate the drain on their resources and to
finally establish one acceptable set of standards.
Recently, representatives of the aviation industry [including
Aerospace Industries Association of America, Inc. (AIA), General
Aviation Manufacturers Association (GAMA), and European Association of
Aerospace Industries (AECMA)] proposed an accelerated process to reach
harmonization.
What Is the ``Fast Track Harmonization Program''?
In light of a general agreement among the affected industries and
authorities to expedite the harmonization program, the FAA and JAA in
March 1999 agreed upon a method to achieve these goals. This method,
which the FAA has titled ``The Fast Track Harmonization Program,'' is
aimed at expediting the rulemaking process for harmonizing not only the
42 standards that are currently tasked to ARAC for harmonization, but
approximately 80 additional standards for part 25 airplanes.
The FAA initiated the Fast Track program on November 26, 1999 (64
FR 66522). This program involves grouping all of the standards needing
harmonization into three categories:
Category 1: Envelope--For these standards, parallel part 25 and
JAR-25 standards would be compared, and harmonization would be reached
by accepting the more stringent of the two standards. Thus, the more
stringent requirement of one standard would ``envelope'' the other
standard. In some cases, it may be necessary to incorporate parts of
both the part 25 and JAR standard to achieve the final, more stringent
standard. (This may necessitate that each authority revises its current
standard to incorporate more stringent provisions of the other.)
Category 2: Completed or near complete--For these standards, ARAC
has reached, or has nearly reached, technical agreement or consensus on
the new wording of the proposed harmonized standards.
Category 3: Harmonize--For these standards, ARAC is not near
technical agreement on harmonization, and the parallel part 25 and JAR-
25 standards cannot be ``enveloped'' (as described under Category 1)
for reasons of safety or unacceptability. A standard developed under
Category 3 would be mutually acceptable to the FAA and JA, with a
consistent means of compliance.
Further details on the Fast Track Program can be found in the
tasking statement (64 FR 66522, November 26, 1999) and the first NPRM
published under this program, Fire Protection Requirements for
Powerplant Installations on Transport Category Airplanes (65 FR 36978,
June 12, 2000).
Under this program, the FAA provides ARAC with an opportunity to
review, discuss, and comment on the FAA's draft NPRM. In the case of
this rulemaking, ARAC suggested a number of editorial changes, which
have been incorporated into this RPRN.
Discussion of the Proposal
How Does This Proposed Regulation Relate to ``Fast Track''?
This proposed regulation results from the recommendations of ARAC
submitted under the FAA's Fast Track Harmonization Program. In this
notice, the FAA proposes to amend six sections of the regulations
concerning transport category airplane operating limitations and the
content of airplane flight manuals (AFM). The six proposed changes are
described separately below.
Change 1: New Sec. 25.1516, ``Other Speed Limitations''
What Is the Underlying Safety Issue Addressed by the Current Standards?
There may be speeds above which it is unsafe to extend devices such
as ram air turbines, thrust reversers, and landing lights into the air
stream, or to open windows or doors. The current standards require that
speed limitations must be established and made available to the
flightcrew to ensure safe operation.
[[Page 79296]]
What Are the Current 14 CFR and JAR Standards?
Currently, the FAA relies on Sec. 25.1503 (``Airspeed limitations:
general'') and Sec. 25.1533 (``Additional operating limitations'') as
the means to fulfill the underlying safety issue. These two sections
mandate speed limitations. Additionally, the text of paragraph (a) of
Sec. 25.1501 [amendment 25-42 (43 FR 2323, January 16, 1978)] states:
``Sec. 25.1501 Operating Limitations and Information--General.
(a) Each operating limitation specified in Secs. 25.1503 through
25.1533, and other limitations and information necessary for safe
operation, must be established.''
However, JAR-25 (Change 14, Orange Paper 96/1) contains an
additional specific paragraph 25.1516 that states:
``JAR 25X1516 Other speed limitations
Any other limitation associated with speed must be established
(See also ACJ 25X1516.)''
What Are the Differences in the Standards and What Do Those Differences
Result In?
Part 25 does not have an explicit requirement to mandate that any
other limitation associated with speed be established, while JAR-25
does. There are no practical differences resulting from the difference
in the standards, however. Currently, applicants seeking certification
of transport airplane designs by both the FAA and JAA must establish
all limitations associated with speed.
What, If Any, Are the Differences in the Means of Compliance?
There are no differences between part 25 and JAR-25 in the means of
compliance with the addressed requirement.
What Is the Proposed Action?
The FAA proposes to harmonize the regulations by revising part 25
to adopt the text of JAR 25X1516 as new Sec. 25.1516. This proposed
action would codify current FAA policy.
How Does This Proposed Standard Address the Underlying Safety Issue?
The proposed standard continues to address the underlying safety
issue by requiring that airspeed limitations be established for devices
that can open into the air stream in flight. With the addition of this
standard, part 25 will have one explicit requirement that applicants
establish all limitations associated with speed.
What Is the Effect of the Proposed Standard Relative to the Current
Regulations?
The proposed standard would maintain the same level of safety and
may increase the level of safety relative to the current regulations.
What Is the Effect of the Proposed Standard Relative to Current
Practice?
The proposed standard would maintain the same level of safety
relative to current industry practice.
What Other Options Have Been Considered and Why Were They Not Selected?
The FAA has not considered another option. The FAA considers the
proposed action to be the most appropriate way to fulfill harmonization
goals while maintaining safety and without affecting current industry
design practices.
Who Would Be Affected by the Proposed Change?
Manufacturers and operators of transport category airplanes could
be affected by the proposed change. However, since the proposed change
does not result in any practical changes in requirements or practice,
there would not be any significant effect.
Is Existing FAA Advisory Material Adequate?
The FAA does not consider that any additional advisory material is
needed. Advisory Circular (AC) 25.1581-1, ``Airplane Flight Manual,''
dated July 14, 1997, provides adequate guidance related to the issue
addressed by this proposed rulemaking. The advisory material will be
fully harmonized when JAA's Advisory Material Joint (AMJ) 25.1581-1 is
published.
Change 2: Sec. 25.1527, ``Maximum Operating Altitude''
What Is the Underlying Safety Issue Addressed by the Current Standards?
Operation of a transport category airplane outside of the
environmental envelope established for the airplane may be unsafe.
Therefore, the boundaries of that envelope must be established to
ensure safe operations. Section 25.1527 requires that such boundaries
be established.
What Are the Current 15 CFR and JAR Standards?
The current text of 14 CFR 25.1527 is:
``25.1527 Maximum operating altitude.
The maximum altitude up to which operation is allowed, as
limited by flight, structural, powerplant, functional, or equipment
characteristics, must be established.''
The current text of JAR 25.1527 (Change 14, Orange Paper 96/1) is:
``JAR 25.1527 Ambient air temperature and operating altitude.
The extremes of the ambient air temperature and operating
altitude for which operation is allowed, as limited by flight,
structural, powerplant, functional, or equipment characteristics,
must be established.''
What Are the Differences in the Standards and What Do Those Differences
Result In?
Section 25.1527 requires that only the maximum altitude portion of
the environmental envelope be established. However, JAR 25.1527
requires that both the minimum and maximum altitudes and ambient
temperatures be established. Although this difference exists, the FAA's
policy of applying Sec. 25.1527 is consistent with JAR 25.1527. This is
evidenced by the compliance method described in FAA AC 25.1581-1.
However, the FAA must rely on the general provisions of Sec. 25.1501(a)
(``* * * other limitations and information necessary for safe operation
must be established'') for its regulatory basis.
What, If Any, Are the Differences in the Means of Compliance?
Although the explicit standards are different, there are no
differences in their application or means of compliance. As stated
previously, the FAA relies on both the general provisions of
Sec. 25.1501(a) and the guidance in AC 25.1581-1 to apply the
requirement.
Currently, there is no relevant JAA advisory material. However, the
JAA has advised the FAA that it soon will be issuing AMJ 25.1581, which
will contain material harmonized with that in AC 25.1581-1.
What Is the Proposed Action?
The FAA proposes to harmonize the regulations by revising
Sec. 25.1527 to adopt the language currently in JAR 25.1527. This
proposed action would codify current FAA policy and practice.
How Does This Proposed Standard Address the Underlying Safety Issue?
The proposed standard would continue to address the underlying
safety issue in the same manner. It would simply codify current FAA
policy and application of the regulations.
[[Page 79297]]
What Is the Effect of the Proposed Standards Relative to the Current
Regulations?
The proposed standard would maintain the same level and may
increase the level of safety relative to the current regulations.
What Is the Effect of the Proposed Standard Relative to Current
Industry Practice?
The proposed standard would maintain the same level of safety
relative to current industry practice.
What Other Options Have Been Considered and Why Were They Not Selected?
The FAA has not considered another option. The FAA considers the
proposed action to be the most appropriate way to fulfill harmonization
goals while maintaining safety and without affecting current industry
design practices.
Who Would Be Affected by the Proposed Change?
Manufacturers and operators of transport category airplanes could
be affected by the proposed change. However, since the proposed change
does not result in any practical changes in requirements or practice,
there would not be any significant effect.
Is Existing FAA Advisory Material Adequate?
The FAA considers that current FAA advisory material is adequate.
The advisory material related to this regulation will be fully
harmonized when JAA publishes AMJ 25.1581.
Change 3: Sec. 25.1583(c), ``Operating Limitations/Weight and
Loading Distribution''
What Is the Underlying Safety Issue Addressed by the Current Standards?
Section 25.1583 (as well as JAR 25.1583) currently requires that
the limitations established under Secs. 25.1501 through 25.1533 be
provided in the AFM. To ensure safe operation, any limitations
established for the airplane must be made known to the flightcrew. This
is accomplished through instrument markings, placards, and the
information provided in the AFM.
What Are the Current 14 CFR and JAR Standards?
The current text of 14 CFR 25.1853(c) [amendment 25-72 (55 FR
29787, July 20, 1990)] is:
``Sec. 25.1583 Operating limitations.
* * * (c) Weight and loading distribution. The weight and center
of gravity limits required by Secs. 25.25 and 25.27 must be
furnished in the Airplane Flight Manual. All of the following
information must be presented either in the Airplane Flight Manual
or in a separate weight and balance control and loading document
which is incorporated by reference in the Airplane Flight Manual:
(1) The condition of the airplane and the items included in the
empty weight as defined in accordance with Sec. 25.29.
(2) Loading instructions necessary to ensure loading of the
airplane within the weight and center of gravity limits, and to
maintain the loading within these limits in flight.
(3) If certification for more than one center of gravity range
is requested, the appropriate limitations, with regard to weight and
loading procedures, for each separate center of gravity range.''
The current text of JAR 25.1583(c) (Change 14, Orange Paper 96/1) is:
``JAR 25.1583 Operating limitations.
* * * (c) Weight and loading distribution. The weight and centre
of gravity limitations established under JAR 25.1519 must be
furnished in the aeroplane Flight Manual. All the following
information, including weight distribution limitations established
under JAR 25.1519, must be presented either in the aeroplane Flight
Manual or in a separate weight and balance control and loading
document which is incorporated by reference in the aeroplane Flight
Manual [see ACJ 25.1583(c)];
(1) The condition of the aeroplane and the items included in the
empty weight as defined in accordance with JAR 25.29.
(2) Loading instructions necessary to ensure loading of the
aeroplane within the weight and centre of gravity limits, and to
maintain the loading within these limits in flight.
(3) If certification for more than one centre of gravity range
is requested, the appropriate limitations, with regard to weight and
loading procedures, for each separate centre of gravity range.''
What Are the Differences in the Standards and What Do Those Differences
Result In?
There are no practical differences in the application of the two
standards. However, the references to other standards that appear in
JAR 25.1583(c) are more exact than those that appear in
Sec. 25.1583(c). The standards referenced are:
------------------------------------------------------------------------
Section No. Title of section*
------------------------------------------------------------------------
25.23............................... Load distribution limits.
25.25............................... Weight limits.
25.27............................... Center of gravity limits.
25.1519............................. Weight, center of gravity, and
weight distribution.
------------------------------------------------------------------------
* The title of each section is the same in both part 25 and JAR-25.
JAR 25.1583(c) requires that the operating limitations established
under JAR 25.1519 be provided in the AFM. JAR 25.1519 then requires
that weight, center of gravity, and weight distribution limitations,
``including those established under JAR 25.23 to JAR 25.27,'' be
established as operating limitations.
On the other hand, Sec. 25.1583(c) requires that the weight and
center of gravity limitations required by Secs. 25.25 and 25.27 must be
provided in the AFM. Like its counterpart JAR standard, Sec. 25.1519
requires that weight, center of gravity, and weight distribution
limitations established under Secs. 25.23 and 25.27 be established as
operating limitations.
Thus, instead of referencing Sec. 25.1519, the requirements of
Sec. 25.1583(c) specifically refer to the weight and center of gravity
limitations determined under Secs. 25.25 and 25.27. This mistakenly
excludes any operating limitations established under Sec. 25.23.
What, If Any, Are the Differences in the Means of Compliance?
Although the explicit standards are different, there are no
differences in their application or means of compliance. The FAA's
policy of applying Sec. 25.1583 is consistent with JAR 25.1583. The FAA
relies on the general provisions of Sec. 25.1501(a), and the guidance
material in AC 25.1581-1 to apply the same requirement.
The JAA has a current Advisory Circular Joint (ACJ) 25.1583 that is
relevant and provides some guidance on complying with the standard.
However, the JAA has advised the FAA that it soon will be issuing AMJ
25.1581, which will contain guidance material harmonized with that in
AC 25.1581-1.
What Is the Proposed Action?
The FAA proposes to harmonize the regulations by revising
Sec. 25.1583(c) to adopt the language currently in JAR 25.1583(c). This
proposed action would codify current FAA policy.
How Does This Proposed Standard Address the Underlying Safety Issue?
The proposed standard would continue to address the underlying
safety issue in the same manner. It would simply codify current FAA
policy and application of the regulations.
What Is the Effect of the Proposed Standard Relative to the Current
Regulations?
The proposed standard would maintain the same level and may
increase the level of safety relative to the current regulations.
[[Page 79298]]
What Is the Effect of the Proposed Standard Relative to Current
Industry Practice?
The proposed standard would maintain the same level of safety
relative to current industry practice.
What Other Options Have Been Considered and Why Were They Not Selected?
The FAA has not considered another option. The FAA considers the
proposed action to be the most appropriate way to fulfill harmonization
goals while maintaining safety and without affecting current industry
design practices.
Who Would Be Affected by the Proposed Change?
Manufacturers and operators of transport category airplanes could
be affected by the proposed change. However, since the proposed change
does not result in any practical changes in requirements or practice,
there would not be any significant effect.
Is Existing FAA Advisory Material Adequate?
The FAA considers that current FAA advisory material is adequate.
The advisory material related to this regulation will be fully
harmonized when JAA publishes AMJ 25.1581.
Change 4: Sec. 25.1583(f), ``Operating Limitations/Altitudes''
What Is the Underlying Safety Issue Addressed by the Current Standards?
As discussed previously, Sec. 25.1583 (as well as JAR 25.1583)
currently requires that the limitations established under Secs. 25.1501
through 25.1533 be provided in the AFM. To ensure safe operation, any
limitations established for the airplane must be made known to the
flightcrew. This is accomplished through instrument markings, placards,
and the information provided in the AFM.
What Are the Current 14 CFR and JAR Standards?
The current text of 14 CFR 25.1583(f) [amendment 25-72 (55 FR
29787, July 20, 1990)] is:
``25.1583 Operating limitations.
* * * (f) Altitudes. The altitude established under
Sec. 25.1527.''
The current text of JAR 25.1583(f) (Change 14, Orange Paper 96/1)
is:
``JAR 25.1583 Operating limitations.
* * * (f) Ambient air temperatures and operating altitudes. The
extremes of the ambient air temperatures and operating altitudes
established under JAR 25.1527 and an explanation of the limiting
factors must be furnished.''
What Are the Differences in the Standards and What Do Those Differences
Result In?
Consistent with Sec. 25.1527 (refer to previous discussion),
Sec. 25.1583(f) requires that only the maximum altitude portion of the
environmental envelop be established. Consistent with JAR 25.1527, JAR
25.1583(f) requires that the limitations relative to both the minimum
and maximum altitudes and ambient temperatures be established. Although
the explicit standards are different, there are no differences in their
application or means of compliance. The FAA's policy of applying
Sec. 25.1583(f) is consistent with JAR 25.1583(f). This is evidenced by
the compliance method described in FAA AC 25.1581-1. However, the FAA
must rely on the general provisions of Sec. 25.1501(a) for its
regulatory basis.
What, If Any, Are the Differences in the Means of Compliance?
Although the explicit standards are different, there are no
differences in the means of compliance. As stated above, the FAA relies
on the general provisions of Sec. 25.1501(a) and the guidance material
in AC 25.1581-1 to apply the same requirement.
What Is the Proposed Action?
The FAA proposes to harmonize the regulations by revising
Sec. 25.1583(f) to adopt the language currently in JAR 25.1583(f). This
proposed action would codify current FAA policy.
The current requirement in JAR 25.1583(f) for an explanation of the
limiting factors would not be included in the revised Sec. 25.1583(f),
however, as this does not represent current practice and the FAA
considers it unnecessary for safety.
How Does This Proposed Standard Address the Underlying Safety Issue?
The proposed standard would continue to address the underlying
safety issue in the same manner. It would simply codify current FAA
policy and application of the regulations.
What Is the Effect of the Proposed Standard Relative to the Current
Regulations?
The proposed standard would maintain the same level and may
increase the level of safety relative to the current regulations.
What Is the Effect of the Proposed Standard Relative to Current
Industry Practice?
The proposed standard would maintain the same level of safety
relative to current industry practice.
What Other Options Have Been Considered and Why Were They Not Selected?
The FAA has not considered another option. The FAA considers the
proposed action to be the most appropriate way to fulfill harmonization
goals while maintaining safety and without affecting current industry
design practices.
Who Would Be Affected by the Proposed Change?
Manufacturers and operators of transport category airplanes could
be affected by the proposed change. However, since the proposed change
does not result in any practical changes in requirements or practices,
there would not be any significant effect.
Is Existing FAA Advisory Material Adequate?
The FAA considers that current FAA advisory material is adequate.
The advisory material related to this regulation will be fully
harmonized when JAA publishes AMJ 25.1581.
Change 5: Sec. 25.1585, ``Operating Procedures''
What Is the Underlying Safety Issue Addressed by the Current Standards?
The primary purpose of the AFM is to provide an authoritative and
approved source of information that is considered necessary for safely
operating the airplane. Consistent with this purpose, Sec. 25.1585
requires that the AFM must provide those operating procedures related
to airworthiness and necessary for safe operation, including those
procedures that may be unique to the specific type of airplane.
What Are the Current 14 CFR and JAR Standards?
The current text of 14 CFR 25.1585 is:
``Sec. 25.1585 Operating procedures.
(a) Information and instructions regarding the peculiarities of
normal operations (including starting and warming the engines,
taxiing, operation of wing flaps, landing gear, and the automatic
pilot) must be furnished, together with recommended procedures for--
(1) Engine failure (including minimum speeds, trim, operation of
the remaining engines, and operation of flaps);
(2) Stopping the rotation of propellers in flight;
(3) Restarting turbine engines in flight (including the effects
of altitude);
[[Page 79299]]
(4) Fire, decompression, and similar emergencies;
(5) Ditching [including the procedures based on the requirements
of Secs. 25.801, 25.807(d), 25.1411, and 25.1415(a) through (e)];
(6) Use of ice protection equipment;
(7) Use of fuel jettisoning equipment, including any operating
precautions relevant to the use of the system;
(8) Operation in turbulence for turbine powered airplanes
(including recommended turbulence penetration airspeeds, flight
peculiarities, and special control instructions);
(9) Restoring a deployed thrust reverser intended for ground
operation only to the forward thrust position in flight or
continuing flight and landing with the thrust reverser in any
position except forward thrust; and
(10) Disconnecting the battery from its charging source, if
compliance is shown with Sec. 25.1353(c)(6)(ii) or (c)(6)(iii).
(b) Information identifying each operating condition in which
the fuel system independence prescribed in Sec. 25.953 is necessary
for safety must be furnished, together with instructions for placing
the fuel system in a configuration used to show compliance with that
section.
(c) The buffet onset envelopes, determined under Sec. 25.251
must be furnished. The buffet onset envelopes presented may reflect
the center of gravity at which the airplane is normally loaded
during cruise if corrections for the effect of different center of
gravity locations are furnished.
(d) Information must be furnished which indicates that when the
fuel quantity indicator reads ``zero'' in level flight, any fuel
remaining in the fuel tank cannot be used safely in flight.
(e) Information on the total quantity of usable fuel for each
fuel tank must be furnished.''
The current text of JAR 25.1585 (Change 14, Orange Paper 96/1) is:
``JAR 25.1585 Operating procedures.
(a) Information and instructions regarding operating procedures
must be furnished [see ACJ 25.1585(a)] in substantial accord with
the categories described below--
(1) Emergency procedures which are concerned with foreseeable
but unusual situations in which immediate and precise action by the
crew, as detailed in the recommended procedures, may be expected
substantially to reduce the risk of catastrophe.
(2) Other procedures peculiar to the particular type or model
encountered in connection with routine operations including
malfunction cases and failure conditions, involving the use of
special systems and/or the alternative use of regular systems not
considered as emergency procedures.
(b) Information or procedures not directly related to
airworthiness or not under the control of the crew, must not be
included, nor must any procedure which is accepted as basic
airmanship.
(c) The buffet onset envelopes, determined under JAR 25.251 must
be furnished. The buffet onset envelopes presented may reflect the
center of gravity at which the aeroplane is normally loaded during
cruise if corrections for the effect of different centre of gravity
locations are furnished. [See ACJ 25.1585(c).]
(d) Information must be furnished which indicates that when the
fuel quantity indicator reads ``zero'' in level flight, any fuel
remaining in the fuel tank cannot be used safely in flight.
(e) Information on the total quantity of usable fuel for each
fuel tank must be furnished.''
What Are the Differences in the Standards and What Do Those Differences
Result In?
There are two differences between the standards. First, the JAR
standard does not include the text of current Sec. 25.1585(b), which
requires including information in the AFM concerning each operating
condition in which the fuel system independence is necessary for
safety, and instructions for placing the rule system in a configuration
used to show compliance with Sec. 25.953 (``Fuel system
independence''). Lack of such information may compromise the intent of
the rules regarding fuel system independence. On this specific issue,
the part 25 standard is ``more stringent'' than the JAR standard. (As
discussed later, the JAA intends to revise JAR 25.1585 to add this
requirement.)
Second, the text of JAR 25.1585(a) and (b) essentially ``updates''
the requirements of Sec. 25.1585(a) to better reflect current policy,
practices, and interpretations.
These differences do not necessarily entail any substantial
differences in the technical requirements for including procedural
information in the AFM. If differences in practice have arisen, they
may have resulted more from differences in the means of compliance (and
interpretation). Harmonizing the relevant guidance material (i.e.,
FAA's AC 25.1581-1 and JAA's soon-to-be published AMJ 25.1581) will
reduce the potential for such differences in the future.
What, If Any, Are the Differences in the Means of Compliance?
As one means to demonstrate compliance with Sec. 25.1585,
applicants have relied on the guidance material related to the
operating procedures section of the AFM that is contained in AC
25.1581-1. The JAA has provided relevant guidance in ACJ's 25.1585(a),
25.1585(c), and 25.251(e). Although there are differences between the
texts of the FAA AC and the JAA ACJ's, both authorities agree that the
FAA AC represents a harmonized text. The JAA is currently in the
process of revising its guidance and will soon publish a new AMJ
25.1581, which will be harmonized with the FAA's AC 25.1581-1.
What Is the Proposed Action?
This action would revise Sec. 25.1585 to incorporate the text of
JAR 25.1585. The current text of Sec. 25.1585(b) would be retained, but
it would be redesignated as Sec. 25.1585(c). [The JAA intends to revise
JAR 25.1585 to incorporate these same requirements, and will designate
them as JAR 25.1585(c).] The incorporated text would be revised
editorially to simplify it and make it better reflect current
practices. (The JAA intends to make these same editorial revisions to
JAR 25.1585.)
Although the text of the current Sec. 25.1585(a) could be
considered ``more stringent'' because it is more specific than the JAR
as to the procedures that must be furnished in the AFM, it is
considered outdated and not completely consistent with current
practices. Additionally, some of the mandated procedures are no longer
appropriate and other important procedures are not included. The
proposed standard would provide a better description of what types of
procedures are required to be in the AFM, the specifics of which will
depend on the particular design developed by the applicant (i.e., a
performance-based requirement).
How Does This Proposed Standard Address the Underlying Safety Issue?
The proposed standard would continue to address the underlying
safety issue in the same manner by requiring information and procedures
necessary for airworthiness and operational safety to be furnished in
the AFM.
What Is the Effect of the Proposed Standard Relative to the Current
Regulations?
The proposed standard would maintain the same level and may
increase the level of safety relative to the current regulations.
What Is the Effect of the Proposed Standard Relative to the Current
Industry Practice?
The proposed standard would maintain the same level of safety
relative to current industry practice.
What Other Options Have Been Considered and Why Were They Not Selected?
The FAA did not consider any option other than harmonizing this
item with the JAR. The JAR 25.1585(a) standard is considered to be
closer to current practices than the manner in which Sec. 25.1585(a) is
actually applied. The
[[Page 79300]]
FAA considers the proposed action to be the most appropriate way to
fulfill harmonization goals while maintaining safety and without
affecting current industry design practices.
Who Would Be Affected by the Proposed Change?
Manufacturers and operators of transport category airplanes could
be affected by the proposed change. However, since the proposed change
does not result in any practical changes in requirements or practice,
there would not be any significant effect.
Is Existing FAA Advisory Material Adequate?
The FAA considers that current FAA advisory material is adequate.
The advisory material related to this regulation will be fully
harmonized when JAA publishes AMJ 25.1581.
Change 6: Sec. 25.1587, ``Performance Information''
What Is the Underlying Safety Issue Addressed by the Current Standards?
The primary purpose of the AFM is to provide an authoritative and
approved source of information considered necessary for safely
operating the airplane. Consistent with this purpose, Sec. 25.1587
requires that performance information related to airworthiness and
necessary for safe operation must be provided in the AFM.
What Are the Current 14 CFR and JAR Standards?
The current text of 14 CFR 25.1587 [amendment 25-72 (55 FR 29787,
July 20, 1990)] is:
``Sec. 25.1587 Performance information.
(a) Each Airplane Flight Manual must contain information to
permit conversion of the indicated temperature to free air
temperature if other than a free air temperature indicator is used
to comply with the requirements of Sec. 25.1303(a)(1).
(b) Each Airplane Flight Manual must contain the performance
information computed under the applicable provisions of this part
for the weights, altitudes, temperatures, wind components, and
runway gradients, as applicable within the operational limits of the
airplane, and must contain the following:
(1) The conditions under which the performance information was
obtained, including the speeds associated with the performance
information.
(2) VS determined in accordance with Sec. 25.103.
(3) The following performance information (determined by
extrapolation and computed for the range of weights between the
maximum landing and maximum takeoff weights):
(i) Climb in the landing configuration.
(ii) Climb in the approach configuration.
(iii) Landing distance.
(4) Procedures established under Sec. 25.101(f), (g) and (h)
that are related to the limitations and information required by
Sec. 25.1533 and by this paragraph. These procedures must be in the
form of guidance material, including any relevant limitations or
information.
(5) An explanation of significant or unusual flight or ground
handling characteristics of the airplane.''
The current text of JAR 25.1587 (Change 14, Orange Paper 96/1) is:
``JAR 25.1587 Performance information.
``(a) Not required for JAR-25.
(b) Each aeroplane Flight Manual must contain the performance
information computed under the applicable provisions of this JAR-25
(including JAR 25.115, 25.123, and 25.125 for the weights,
altitudes, temperatures, wind components, and runway gradients, as
applicable) within the operational limits of the aeroplane, and must
contain the following:
(1) The condition of power, configuration, speeds and the
procedures for handling the aeroplane and any system having a
significant effect on performance upon which the performance graphs
are based must be stated in each case. (See ACJ 25.1587(b)(1).)
(2) Not required for JAR-25 as this sub-paragraph is covered by
the opening sentence of sub-paragraph (b).
(3) the following gross performance information (determined by
extrapolation and computed for the range of weights between the
maximum landing weight and maximum takeoff weight) must be provided.
(i) Climb in the landing configuration.
(ii) Climb in the approach configuration.
(iii) Landing distance.
(4) Procedures established under Sec. 25.101 (f) and (g) that
are related to the limitations and information required by JAR
25.1533 and by this paragraph must be stated in the form of guidance
material, including any relevant limitation or information.
(5) An explanation of significant or unusual flight or ground
handling characteristics of the aeroplane.
(6) Corrections to indicated values of airspeed, altitude and
outside air temperature.
(7) An explanation of operational landing runway length factors
included in the presentation of the landing distance, if
appropriate. (See ACJ 25.1587(b)(7).)''
What Are the Differences in the Standards and What Do Those Differences
Result In?
There are several differences between the standards:
Part 25 does not include the text of JAR 25.1587(b)(6) or
(7).
The JAR does not include the text of Sec. 25.1587(a) and
(b)(2).
The JAR contains some wording differences in the text that
better reflect current interpretations and practices.
These differences do not necessarily entail any substantial
differences in technical requirements for including performance
information in the AFM. If differences in practice have arisen, they
would have resulted more from differences in the means of compliance
(and interpretation). Harmonizing the relevant guidance material (i.e.,
FAA's AC 25.1581-1 and JAA's soon-to-be-published AMJ 25.1581) will
reduce the potential for such differences in the future.
What, If Any, Are the Differences in the Means of Compliance?
As one means to demonstrate compliance with Sec. 25.1585,
applicants have relied on the guidance material related to the
operating procedures section of the AFM that is contained in AC
25.1581-1. The JAA has provided relevant guidance in ACJ's
25.1587(b)(1) and ACJ 25.1587(b)(7). Although there are differences
between the texts of the FAA AC and the JAA ACJ's, both authorities
agree that the FAA AC represents a harmonized text. The JAA is
currently in the process of revising its guidance and will soon publish
a new AMJ 25.1581, which will be harmonized with the FAA's AC 25.158-1.
What Is the Proposed Action?
The FAA proposes to harmonize the regulations by revising
Sec. 25.1587 to adopt portions of the text of JAR 25.1587. This
proposed action would codify current FAA policy.
In general, where the standards are different, the JAR standard
properly reflects current practices and is proposed as the harmonized
standard. In areas where there is a requirement in one standard that
does not appear in the other standard, that requirement has been
carried over into the proposed harmonized standard. Some minor non-
substantive editorial changes also would be included in the proposed
standard.
How Does This Proposed Standard Address the Underlying Safety Issue?
The proposed standard would continue to address the underlying
safety issue in the same manner by requiring performance information
necessary for airworthiness and operational safety to be furnished in
the AFM.
What Is the Effect of the Proposed Standard Relative to the Current
Regulations?
The proposed standard would maintain the same level and man
increase the level of safety relative to the current regulations.
[[Page 79301]]
What Is the Effect of the Proposed Standard Relative to Current
Industry Practice?
The proposed standard would maintain the same level of safety
relative to current industry practice.
What Other Options Have Been Considered and Why Were They Not Selected?
The FAA has not considered another option. The FAA considers the
proposed action to be the most appropriate way to fulfill harmonization
goals while maintaining safety and without affecting current industry
design practices.
Who Would Be Affected by the Proposed Change?
Manufacturers and operators of transport category airplanes could
be affected by the proposed change. However, since the proposed change
does not result in any practical changes in requirements or practice,
there would not be any significant effect.
Is Existing FAA Advisory Material Adequate?
The FAA considers that current FAA advisory material is adequate.
The advisory material related to this regulation will be fully
harmonized when JAA publishes AMJ 25.1581.
What Regulatory Analyses and Assessments Has the FAA Conducted?
Regulatory Evaluation Summary
Proposed 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 as amended
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. And 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).
In conducting these analyses, the FAA has determined that this
proposal has benefits, but no more than minimal costs, and that is not
a ``a significant regulatory action`` under section 3(f) of Executive
Order 12866. This proposal would not have a significant economic impact
on a substantial number of small entities, reduces barriers to
international trade, and imposes no unfunded mandates on state, local,
or tribal governments, or the private sector.
Because there are no more than minimal costs associated with this
proposal, it does not warrant the preparation of a full economic
evaluation for placement in the docket. The basis of this statement and
for the above determinations is summarized in this section of the
preamble. The FAA requests comments with supporting documentation in
regard to the conclusions contained in this section.
Currently, airplane manufacturers must satisfy both the
requirements of 14 CFR part 25 standards and the European JAR
certification standards to market transport category aircraft in both
the United States and Europe. Meeting two sets of certification
requirements raises the cost of developing a new transport category
airplane often with no increase in safety. In the itnerest of fostering
international trade, lowering the cost of aircraft development, and
making the certification process more efficient, the FAA, JAA, and
aircraft manufacturers have been working to create to the maximum
possible extent a single set of certification requirements accepted in
both the United States and Europe. These efforts are referred to as
harmonization.
In this notice, the FAA proposes to amend six sections of the
regulations concerning transport category airplane operating
limitations and the content of airplane flight manuals (AFM). The six
proposed changes are described separately below.
Change 1: New Sec. 25.1516, ``Other Speed Limitations''
U.S. manufacturers of part 25 airplanes comply now with
Sec. 25.1501 through the advice of FAA Advisory Circular (AC) 25.1581-
1. They also would comply with the proposed new Sec. 25.1516, which
would be harmonized to existing JAR 25X1516, because Sec. 25.1501
encompasses the requirements of the proposed new FAA rule.
The FAA expects that the result of this proposed harmonization
action will be that compliance with either Sec. 25.1516 or JAR 25X1516
will mean compliance with the other. Further, because proposed new JAA
advisory material would be harmonized to FAA AC 25.1581-1, U.S.
manufacturers would not need to change the means through which they
comply with these harmonized rules.
Change 2: Sec. 25.1527, ``Maximum Operating Altitude''
U.S. manufacturers of part 25 airplanes comply now with
Sec. 25.1501 through the advice of FAA AC 25.1581-1. They also would
comply with the proposed amendment of Sec. 25.1527 to harmonize to JAR
25.1527, because Sec. 25.1501 encompasses the requirements of
Sec. 25.1527 as it is proposed to be amended.
The FAA expects that the result of this proposed harmonization
action will be that compliance with either Sec. 25.1527 or JAR 25.1527
will mean compliance with the other. Further, because proposed new JAA
advisory material would be harmonized to FAA AC 25.1581-1, U.S.
manufacturers would not need to change the means through which they
comply with these harmonized rules.
Change 3: Sec. 25.1583(c), ``Operating Limitations/Weight and Loading
Distribution''
U.S. manufacturers of part 25 airplanes comply now with
Sec. 25.1501 through the advice of FAA Advisory Circular 25.1581-1.
They also would comply with the proposed amendment of Sec. 25.1583(c)
that would harmonize it to the existing JAR 25.1583(c), because
Sec. 25.1501 encompasses Sec. 25.1583(c) as it is proposed to be
amended.
This change would amend Sec. 25.1583(c) to eliminate its inclusion
of direct references to Sec. 25.25 and to Sec. 25.27 and its
concomitant omission of a direct reference to Sec. 25.23. By amending
Sec. 25.1583(c) so that it refers directly to Sec. 25.1519, which
includes references to these three sections, they--Sec. 25.25,
Sec. 25.27, and Sec. 25.23--would be incorporated into the scope of
Sec. 25.1583. Thus, all three sections would be referenced indirectly
by Sec. 25.1583(c) through its reference to Sec. 25.1519.
The FAA expects that the result of this proposed harmonization
action will be that compliance with either Sec. 25.1583(c) or JAR
25.1583(c) will mean compliance with the other. Further, because
proposed new JAA advisory material would be harmonized to FAA AC
25.1581-1, U.S. manufacturers would not need to change the means
through which they comply with these harmonized rules.
Change 4: Sec. 25.1583(f), ``Operating Limitations/Altitudes''
U.S. manufacturers of part 25 airplanes comply now with
Sec. 25.1501 through the advice of FAA AC 25.1581-1. They also would
comply with this proposed amendment that would harmonize
Sec. 25.1583(f) to the existing
[[Page 79302]]
JAR 25.1583(f), because Sec. 25.1501 encompasses the requirements of
Sec. 25.1583(f) as it is proposed to be amended.
The FAA expects the result of this proposed harmonization action
will be that compliance with either Sec. 25.1583(f) or JAR 25.1583(f)
will mean compliance with the other. Further, because proposed new JAA
advisory material would be harmonized to FAA AC 25.1581-1, U.S.
manufacturers would not need to change the means through which they
comply with these harmonized rules.
Change 5: Sec. 25.1585, ``Operating Procedures''
U.S. manufacturers of part 25 airplanes comply now with
Sec. 25.1585 which encompasses and exceeds the scope of existing JAR
25.1585. They also would comply with the proposed amendment to
harmonize Sec. 25.1585 to JAR 25.1585.
The part 25 requirement would be harmonized to the JAR because,
with one exception, the content of the JAA rule better presents FAA's
current policy, practices, and interpretations than does the content of
the FAA rule. The single exception is the omission in JAR 25.1585 of an
equivalent to Sec. 25.1585(b). This paragraph requires information and
instructions to be furnished toward compliance with Sec. 25.953. The
harmonized FAA/JAA standard would maintain this FAA requirement.
Harmonization of related advisory material would be complete when JAA
advisory material is harmonized to existing FAA advisory material.
The FAA expects that the result of this proposed harmonization
action will be that compliance with either Sec. 25.1585 or JAR 25.1585
will mean compliance with the other. Further, no reduction in the level
of safety would result from this action. Neither the proposed
harmonization of the rules, nor the harmonization of proposed
associated JAA advisory material to the FAA advisory material would
present U.S. manufacturers with any practical change in their
procedures.
Change 6: Sec. 25.1587, ``Performance Information''
U.S. manufacturers of part 25 airplanes comply now separately with
existing Sec. 25.1587 and JAR 25.1587, which differ in some
particulars. This action would result in a harmonized FAA/JAA standard
such that manufacturers' compliance with either rule would mean
compliance with the other.
The harmonized standard would incorporate the requirements of
Sec. 25.1587(a) and of Sec. 25.1587(b)(2), which now are lacking in the
JAR. It also would incorporate the requirements of JAR 25.1587(b)(6)
and of JAR 25.1587(b)(7), which now are lacking in part 25. Some minor
non-substantive editorial changes also would be included in the
proposed harmonized standard. Harmonization of related advisory
material would be complete when JAA advisory material is harmonized to
existing FAA advisory material.
The FAA expects that the result of this proposed harmonization
action would be that compliance with either Sec. 25.1587 or JAR 25.1587
will mean compliance with the other. Neither the proposed harmonization
of the rules, nor the harmonization of proposed associated JAA advisory
material to the FAA advisory material would present U.S. manufacturers
with any practical change in their procedures.
Benefits and Costs of Proposed Changes
The effect of these proposed regulatory changes would be to improve
the codification of current certification practice and no consequent
substantive change either in practice or in costs of compliance would
result. Thus, the FAA anticipates that minimal additional costs would
be associated with compliance to this rule.
The FAA expects that these proposed changes would result in
benefits in the form of cost savings received by affected manufacturers
because they would be able to effect compliance with both part 25 and
JAR requirements in a simpler and more direct fashion. Further, the FAA
expects that the existing level of safety will be maintained.
The FAA has not attempted to quantify the benefits from cost
savings that may accrue because of this rule beyond noting that while
the savings from this rule may be small, they are part of a potentially
large savings from the harmonization program. The FAA concludes that,
because there is agreement among potentially affected airplane
manufacturers that no costs and no more than minimal savings will
result, further analysis is not required. The FAA requests that those
who believe this action would result in a cost increase provide to the
Docket their basis for such a belief.
Initial Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA), of 1980 as amended,
establishes as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objective of the rule and of applicable
statutes, to fit regulatory and informational requirements to the sale
of the business, organizations, and governmental jurisdictions subject
to regulation. To achieve that principle, the RFA requires agencies to
solicit and consider flexible regulatory proposals and to explain the
rationale for their actions.
Agencies must perform a review to determine whether a proposed or
final rule will have a significant impact on a substantial number of
small entities. If the determination is that the rule will, the Agency
must prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a proposed or final rule is
not expected to have a significant 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.
The FAA believes that this proposed rule would not have a
significant impact on a substantial number of small entities for two
reasons: First, the net economic effect of the proposed rule is minimal
reduction of regulatory cost. Second, all United States transport-
aircraft category manufacturers exceed the Small Business
Administration small-entry criteria of 1,500 employees for aircraft
manufacturers. United States part 25 airplane manufacturers include:
Boeing, Cessna Aircraft, Gulfstream Aerospace, Learjet (owned by
Bombardier), Lockheed Martin, McDonnell Douglas (a wholly owned
subsidiary of The Boeing Company), Raytheon Aircraft, and Sabreliner
Corporation. Based on these two reasons, the FAA certifies that this
proposed rule would not have a significant impact on a substantial
number of small entities.
International Trade Impact Assessment
The Trade Agreement Act of 1979 prohibits Federal agencies from
engaging in 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
[[Page 79303]]
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 that statute and policy, the FAA has assessed
the potential effects of these six proposed harmonization actions and
has determined that they would reduce trade barriers by eliminating the
differences between FAA and JAA regulations.
Unfunded Mandates Reform Act
Title II of the Unfunded Mandates Reform Act of 1995 (the Act),
codified in 2 U.S.C. 1532-1538, enacted as Public Law 104-4 on March
22, 1995, 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. Because this proposed rule does not contain
a Federal, another governmental, or because this proposed rule does not
contain a Federal, another governmental or a private sector mandate
that exceeds $100 million in any year, the assessment requirements of
the Act do not apply. Private sector mandate that exceeds $100 million
in any year, the assessment requirements of the Act do not apply.
What Other Assessments Has the FAA Conducted?
Executive Order 13132, Federalism
The FAA has analyzed this proposed rule and the principles and
criteria of Executive Order 13132, Federalism. The FAA has determined
that this action would not have a substantial direct effect on the
States, on the relationship between the national Government and the
States, or on the distribution of power and responsibilities among the
various levels of government. Therefore, the FAA has determined that
this notice of proposed rulemaking would not have federalism
implications.
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. We have determined that there
are no new information collection requirements associated with this
proposed rule.
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
determined that there are no ICAO Standards and Recommended Practices
that correspond to this proposed regulation.
Environmental Analysis
FAA Order 1050.1D defines FAA actions that may be categorically
excluded from preparation of a National Environmental Policy Act (NEPA)
environmental impact statement. In accordance with FAA Order 1050.1D,
appendix 4, paragraph 4(j), this proposed rulemaking action qualifies
for a categorical exclusion.
Energy Impact
The energy impact of the proposed rule has been assessed in
accordance with the Energy Policy and Conservation Act (EPCA) and
Public Law 94-163, as amended (43 U.S.C. 6362), and FAA order 1053.1.
It has been determined that it is not a major regulatory action under
the provisions of the EPCA.
Regulations Affecting Intrastate Aviation in Alaska
Section 1205 of the FAA Reauthorization Act of 1996 (110 Stat.
3213) requires the Administrator, when modifying regulations in Title
14 of the CFR in a manner affecting intrastate aviation in Alaska, to
consider the extent to which Alaska is not served by transportation
modes other than aviation, and to establish such regulatory
distinctions as he or she considers appropriate. Because this proposed
rule would apply to the certification of future designs of transport
category airplanes and their subsequent operation, it could, if
adopted, affect intrastate aviation in Alaska. The FAA therefore
specifically requests comments on whether there is justification for
applying the proposed rule differently to intrastate operations in
Alaska.
Plain Language
In response to the June 1, 1998, Presidential memorandum regarding
the issue of plain language, the FAA re-examined the writing style
currently used in the development of regulations. The memorandum
requires Federal agencies to communicate clearly with the public. We
are interested in your comments on whether the style of this document
is clear, and in any other suggestions you might have to improve the
clarity of FAA communications that affect you. You can get more
information about the Presidential memorandum and the plain language
initiative at http://www.plainlanguage.gov.
List of Subjects in 14 CFR Part 25
Aircraft, Aviation safety, Reporting and recordkeeping
requirements, Safety, Transportation.
The Proposed Amendment
In consideration of the foregoing, the Federal Aviation
Administration proposes to amend part 25 of Title 14, Code of Federal
Regulations, as follows:
PART 25--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY AIRPLANES
1. The authority citation for part 25 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701-44702, and 44704.
2. Add new Sec. 25.1516 to read as follows:
Sec. 25.1516 Other speed limitations.
Any other limitation associated with speed must be established.
3. Revise Sec. 25.1527 to read as follows:
Sec. 25.1527 Maximum operating altitude.
The extremes of the ambient air temperature and operating altitude
for which operation is allowed, as limited by flight, structural,
powerplant, functional, or equipment characteristics, must be
established.
4. Amend Sec. 25.1583 by revising paragraphs (c) and (f) to read as
follows:
Sec. 25.1583 Operating limitations.
* * * * *
(C) Weight and loading distribution. The weight and center of
gravity limitations established under Sec. 25.1519 must be furnished in
the airplane Flight Manual. All of the following information, including
the weight distribution limitations established Sec. 25.1519, must be
presented either in the Airplane Flight Manual or in a separate weight
and balance control and loading document that is incorporated by
reference in the Airplane Flight Manual;
(1) The condition of the airplane and the items included in the
empty weight as defined in accordance with Sec. 25.29.
(2) Loading instructions necessary to ensure loading of the
airplane within the weight and center of gravity limits, and to
maintain the loading within these limits in flight.
[[Page 79304]]
(3) If certification for more than one center of gravity range is
requested, the appropriate limitations, with regard to weight and
loading procedures, for each separate center of gravity range.
* * * * *
(f) Ambient air temperatures and operating altitudes. The extremes
of the ambient air temperatures and operating altitudes established
under Sec. 25.1527 must be furnished.
* * * * *
5. Revise Sec. 25.1585 to read as follows:
Sec. 25.1585 Operating procedures.
(a) Operating procedures must be furnished for--
(1) Normal procedures peculiar to the particular type or model
encountered in connection with routine operations;
(2) Non-normal procedures for malfunction cases and failure
conditions involving the use of special systems or the alternative use
of regular systems; and
(3) Emergency procedures for foreseeable but unusual situations in
which immediate and precise action by the crew may be expected to
substantially reduce the risk of catastrophe.
(b) Information or procedures not directly related to airworthiness
or not under the control of the crew, must not be included, nor must
any procedure that is accepted as basic airmanship.
(c) Information identifying each operating condition in which the
fuel system independence prescribed in Sec. 25.953 is necessary for
safety must be furnished, together with instructions for placing the
fuel system in a configuration used to show compliance with that
section.
(d) The buffet onset envelopes, determined under Sec. 25.251 must
be furnished. The buffet onset envelopes presented may reflect the
center of gravity at which the airplane is normally loaded during
cruise if corrections for the effect of different center of gravity
locations are furnished.
(e) Information must be furnished that indicates that when the fuel
quantity indicator reads ``zero'' in level flight, any fuel remaining
in the fuel tank cannot be used safely in flight.
(f) Information on the total quantity of usable fuel for each fuel
tank must be furnished.
6. Revise Sec. 25.1587 to read as follows:
Sec. 25.1587 Performance information.
(a) Each Airplane Flight Manual must contain information to permit
conversion of the indicated temperature to free air temperature if
other than a free air temperature indicator is used to comply with the
requirements of Sec. 25.1303(a)(1).
(b) Each Airplane Flight Manual must contain the performance
information computed under the applicable provisions of this part
(including Secs. 25.115, 25,123, and 25,125 for the weights, altitudes,
temperatures, wind components, and runway gradients, as applicable)
within the operational limits of the airplane, and must contain the
following:
(1) In each case, the conditions of power, configuration, and
speeds, and the procedures for handling the airplane and any system
having a significant effect on the performance information.
(2) V s determined in accordance with Sec. 25.103.
(3) The following performance information (determined by
extrapolation and computed for the range of weights between the maximum
landing weight and the maximum takeoff weight):
(i) Climb in the landing configuration.
(ii) Climb in the approach configuration.
(iii) Landing distance.
(4) Procedures established under Sec. 25.101 (f) and (g) that are
related to the limitations and information required by Sec. 25.1533 and
by this paragraph in the form of guidance material, including any
relevant limitations or information.
(5) Any explanation of significant or unusual flight or ground
handling characteristics of the airplane.
(6) Corrections to indicated values of airspeed, altitude, and
outside air temperature.
(7) An explanation of operational landing runway length factors
included in the presentation of the landing distance, if appropriate.
Issued in Renton, Washington, on December 4, 2000.
John J. Hickey,
Manager, Transport Airplane Directorate, Aircraft Certification
Service.
[FR Doc. 00-31926 Filed 12-15-00; 8:45 am]
BILLING CODE 4910-13-M