[Federal Register Volume 66, Number 123 (Tuesday, June 26, 2001)]
[Rules and Regulations]
[Pages 34014-34024]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-15852]



[[Page 34013]]

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Part III





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 25



Revisions to Requirements Concerning Airplane Operating Limitations and 
the Content of Airplane Flight Manuals for Transport Category 
Airplanes; Final Rule

Federal Register / Vol. 66, No. 123 / Tuesday, June 26, 2001 / Rules 
and Regulations

[[Page 34014]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration.

14 CFR Part 25

[Docket No. FAA-2000-8511; Amendment No. 25-105]
RIN 2120-AH32


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: Final rule.

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SUMMARY: The Federal Aviation Administration amends the airworthiness 
standards for transport category airplanes concerning airplane 
operating limitations and the content of airplane flight manuals. 
Issuing this amendment eliminates regulatory differences between the 
airworthiness standards of the U.S. and the Joint Aviation Requirements 
of Europe, without affecting current industry design practices.

EFFECTIVE DATE: July 26, 2001.

ADDRESSES: You may review the public docket concerning this amendment 
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; fax: 425-227-1320, e-mail: 
<a href="/cdn-cgi/l/email-protection#a4c0cbca8ad7d0cdc9d7cbcae4c2c5c58ac3cbd2"><span class="__cf_email__" data-cfemail="52363d3c7c21263b3f213d3c123433337c353d24">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION:

How Can I Get a Copy of Rulemaking Documents?

    You can get an electronic copy using the Internet by taking the 
following steps:
    (1) Go to the search function of the Department of Transportation's 
electronic Docket Management System (DMS) web page (http://dms.dot.gov/search).
    (2) On the search page type in the last four digits of the Docket 
number shown at the beginning of this notice. Click on ``search.''
    (3) On the next page, which contains the Docket summary information 
for the Docket you selected, click on the document number for the item 
you wish to view.
    You can also get an electronic copy using the Internet through 
FAA's web page at http://www.faa.gov/avr/arm/nprm/nprm.htm or the 
Federal Register's web page at http://www.access.gpo.gov/su_docs/aces/aces140.html.
    You can also get a copy by 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 amendment number or docket number of this 
rulemaking.

How Does This Amendment Affect the 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.gov/avr/arm/sbrefa.htm, or e-mail us at <a href="/cdn-cgi/l/email-protection#a1988ce0f6e08cf2e3f3e4e7e0e1c7c0c08fc6ced7"><span class="__cf_email__" data-cfemail="7f46523e283e522c3d2d3a393e3f191e1e51181009">[email protected]</span></a>.

Background

What Are the Relevant Airworthiness Standards in the United States?

    In the United States, Title 14 of the Code of Federal Regulations 
(14 CFR), part 25, contains the airworthiness standards for type 
certification of transport category airplanes. 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:
    <bullet> Airplanes manufactured within the U.S. for use by U.S.-
registered operators, and
    <bullet> 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, Joint Aviation Requirements (JAR)-25 contains the 
airworthiness standards for type certification of transport category 
airplanes. The Joint Aviation Authorities (JAA) of Europe developed 
these standards, which are based on part 25, 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 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 added costs to manufacturers and operators. These added 
costs, however, often 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.
    Recognizing that a common set of standards would not only benefit 
the aviation industry economically, but also preserve 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:
    <bullet> Where possible, standards do not require domestic and 
foreign parties to manufacture or operate to different standards for 
each country involved; and
    <bullet> The standards adopted are mutually acceptable to the FAA 
and the foreign aviation authorities.
    The FAA and JAA have identified many 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 beginning 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 noticeable progress towards fulfilling 
the goal of harmonization. The FAA then identified the Aviation 
Rulemaking Advisory Committee (ARAC) as an ideal vehicle for helping to 
resolve harmonization issues, and, in 1992, the

[[Page 34015]]

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 on 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 on 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 sets up 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 invites 
participation in working groups from interested members of the public 
who have knowledge or experience in the task areas. 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 continues 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 many regulatory differences between part 25 and JAR-25. 
The current harmonization process is costly and time-consuming for 
industry, the FAA, and the JAA. Industry has expressed a strong desire 
to finish the harmonization program as quickly as possible to relieve 
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 speed up the harmonization program, the FAA and JAA in 
March 1999 agreed on a method to achieve these goals. This method, 
titled ``The Fast Track Harmonization Program,'' seeks to speed up the 
rulemaking process for harmonizing not only the 42 standards that are 
currently tasked to ARAC for harmonization, but nearly 80 additional 
standards for part 25 airplanes.
    The FAA launched the Fast Track program on November 26, 1999 (64 FR 
66522). This program involves grouping all 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 be ``enveloped'' into the 
other standard. Occasionally, it may be necessary to incorporate parts 
of both the part 25 and JAR standard to achieve the final, more 
stringent standard. (This may call for each authority revising 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 JAA, 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 Notice 
of Proposed Rulemaking (NPRM) published under this program, ``Fire 
Protection Requirements for Powerplant Installations on Transport 
Category Airplanes'' (65 FR 36978, June 12, 2000).

How Does This Amendment Relate to ``Fast Track''?

    This amendment results from recommendations that ARAC submitted to 
the FAA under the FAA's Fast Track Harmonization Program. This 
rulemaking project has been identified as a Category 1 item.

Discussion of the Amendment

What Did the FAA Propose?

    On December 4, 2000 (65 FR 79294, December 18, 2000), the FAA 
issued an NPRM that proposed to amend certain airworthiness standards 
for transport category airplanes. The proposed amendment involved 
changes to six different standards related to airplane operating 
limitations and the content of airplane flight manuals.

How Is This Preamble Organized?

    The six specific changes are discussed individually below. Although 
the reader may find some of the text repetitious, we consider it 
appropriate for the public to be aware of the background and full 
reasoning behind each change to these standards.

Change 1: New Section 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:
    <bullet> Extend devices such as ram air turbines, thrust reversers, 
and landing lights into the air stream; or
    <bullet> Open windows or doors.
    The current standards require that speed limitations must be 
established and made available to the flightcrew to ensure safe 
operation.

What Are the Current 14 CFR and JAR Standards?

    The FAA has traditionally relied on Sec. 25.1503 (``Airspeed 
limitations: general'') and Sec. 25.1533 (``Additional operating 
limitations'') as the means to fulfill the underlying safety issue. 
Those two sections mandate speed limitations. Additionally, the text of 
paragraph (a) of Sec. 25.1501 [at amendment 25-42 (43 FR 2323, January 
16, 1978)] states:

    ``Sec. 25.1501  Operating Limitations and Information--General.
    (a) Each operating limitation specified in Sec. Sec. 25.1503 
through 25.1533, and other limitations and information necessary for 
safe operation, must be established.''

    There are parallel sections in JAR-25. However, JAR-25 also 
contains an additional paragraph, JAR 25X1516 (Change 15, October 
2000), that states:

    ``JAR 25X1516  Other speed limitations.

[[Page 34016]]

    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 has not had an explicit requirement to mandate that any 
other limitation associated with speed be established; JAR-25 does 
contain an explicit requirement. There are no practical differences, 
however, resulting from the difference in the standards. 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 Action Did the FAA Propose?

    In the NPRM, the FAA proposed to harmonize the regulations by 
revising part 25 to adopt the text of JAR 25X1516 as new Sec. 25.1516. 
The proposed action would codify current FAA policy, as wells as 
achieve harmonization with the JAR.

How Does the Revised Standard Address the Underlying Safety Issue?

    The revised 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 for applicants to 
establish all limitations associated with speed.

What Is the Effect of the Revised Standard on the Current Regulations?

    The revised standard maintains the same level, and may increase the 
level, of safety provided by the current regulations.

What Is the Effect of the Revised Standard on Current Industry 
Practice?

    The revised standard maintains the same level of safety relative to 
current industry practice.

What Other Options Were Considered and Why Were They Not Selected?

    The FAA has not considered another option. We consider that 
revising the standard, as discussed above, is the most appropriate way 
to fulfill harmonization goals while, at the same time, maintaining 
safety and not affecting current industry design practices.

Who Will Be Affected by the Revised Standard?

    Manufacturers and operators of transport category airplanes could 
be affected by the revised standard. However, because the revised 
standard does not result in any practical changes in requirements or 
practice, there will not be any significant effect.

Is Existing FAA Advisory Material Adequate?

    The FAA's Advisory Circular (AC) 25.1581-1, ``Airplane Flight 
Manual,'' dated July 14, 1997, provides adequate guidance related to 
the issue addressed by this revised standard. Additionally, the JAA 
recently issued a parallel Advisory Material Joint (AMJ) 25.1581, which 
provides guidance that is similar to, and harmonized with, that 
contained in AC 25.1581-1. In light of this, we do not consider that 
any additional advisory material is needed relevant to the revised 
standard.

Change 2: Section 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 14 CFR and JAR Standards?

    The current text of 14 CFR 25.1527 [original amendment, Doc. No. 
5066, (29 FR 18291, December 24, 1964)] is:

    ``Sec. 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 15, October 2000) 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?

    The current Sec. 25.1527 requires that only the maximum altitude 
portion of the environmental envelope be established. However, the 
parallel JAR 25.1527 requires that both the minimum and maximum 
altitudes as well as the 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, for a regulatory basis, the FAA 
has traditionally relied on the general provisions of Sec. 25.1501(a) 
that require ``* * * other limitations and information necessary for 
safe operation must be established.''

What, If Any, Are the Differences in the Means of Compliance?

    Although the explicit current standards are different, there are no 
differences in their application or means of compliance. As stated 
previously, the FAA has relied on both the general provisions of 
Sec. 25.1501(a) and the guidance in AC 25.1581-1 to apply the 
requirement.

What Action Did the FAA Propose?

    In the NPRM, the FAA proposed to harmonize the regulations by 
revising Sec. 25.1527 to adopt the language currently in JAR 25.1527. 
The proposed action would codify current FAA policy and practice, as 
well as achieve harmonization with the JAR.

How Does the Revised Standard Address the Underlying Safety Issue?

    The revised standard continues to address the underlying safety 
issue in the same manner. It simply codifies current FAA policy and 
application of the regulations.

What Is the Effect of the Revised Standard on the Current Regulations?

    The revised standard maintains the same level, and may increase the 
level, of safety provided by the current regulations.

What Is the Effect of the Revised Standard on Current Industry 
Practice?

    The revised standard maintains the same level of safety relative to 
current industry practice.

What Other Options Were Considered and Why Were They Not Selected?

    The FAA has not considered another option. We find that revising 
the standard, as discussed above, is the most appropriate way to 
fulfill harmonization goals while, at the same time, maintaining safety 
and not affecting current industry design practices.

[[Page 34017]]

Who Will Be Affected by the Revised Standard?

    Manufacturers and operators of transport category airplanes could 
be affected by the revised standard. However, because the revised 
standard does not result in any practical changes in requirements or 
practice, there will not be any significant effect.

Is Existing FAA Advisory Material Adequate?

    The FAA considers that the guidance contained in AC 25.1581-1 is 
adequate as it pertains to the revised standard. Additionally, the JAA 
recently issued a parallel AMJ 25.1581, which provides guidance that is 
similar to, and harmonized with, that contained in AC 25.1581-1. In 
light of this, we do not consider that any additional advisory material 
is needed relevant to the revised standard.

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 
certain operating limitations established under Secs. 25.1501 through 
25.1533 be provided in the Airplane Flight Manual (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(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 15, October 2000) 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 
current 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 number                     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) of part 25 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 in Secs. 25.23 through 25.27 be 
established as operating limitations. However, instead of referencing 
Sec. 25.1519, the requirements of the current 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 there are difference in the text of the current standards, 
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 has relied on the general provisions of 
Sec. 25.1501(a) and the guidance material in AC 25.1581-1 to apply the 
same requirement.

What Action Did the FAA Propose?

    In the NPRM, the FAA proposed to harmonize the regulations by 
revising Sec. 25.1583(c) to include the same references that are 
currently in JAR 25.1583(c). The proposed action would codify current 
FAA policy, as well as achieve harmonization with the JAR.

How Does the Revised Standard Address the Underlying Safety Issue?

    The revised standard continues to address the underlying safety 
issue in the same manner. It simply codifies current FAA policy and 
application of the regulations.

What Is the Effect of the Revised Standard on the Current Regulations?

    The revised standard maintains the same level, and may increase the 
level, of safety provided by the current regulations.

What Is the Effect of the Revised Standard on Current Industry 
Practice?

    The revised standard maintains the same level of safety relative to 
current industry practice.

What Other Options Were Considered and Why Were They Not Selected?

    The FAA has not considered another option. We find that revising 
the standard, as discussed above, is the most appropriate way to 
fulfill harmonization goals while, at the same time, maintaining safety 
and not affecting current industry design practices.

Who Will Be Affected by the Revised Standard?

    Manufacturers and operators of transport category airplanes could 
be affected by the revised standard. However, because the revised 
standard does not result in any practical changes in requirements or 
practice, there will not be any significant effect.

[[Page 34018]]

Is Existing FAA Advisory Material Adequate?

    The FAA considers that the guidance contained in AC 25.1581-1 is 
adequate as it pertains to the revised standard. Additionally, the JAA 
recently issued a parallel AMJ 25.1581, that provides guidance similar 
to, and harmonized with, that contained in AC 25.1581-1. In light of 
this, we do not consider that any additional advisory material is 
needed relevant to the revised standard.

Change 4: Section 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 certain operating 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:

    ``Sec. 25.1583  Operating limitations.
    * * * (f) Altitudes. The altitude established under 
Sec. 25.1527.''

    The current text of JAR 25.1583(f) (Change 15, October 2000) 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 envelope be furnished in the AFM. Consistent with JAR 
25.1527, JAR 25.1583(f) requires that the limitations relative to both 
the minimum and maximum altitudes as well as ambient temperatures be 
furnished in the AFM.
    Although the current 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 has relied on the general provisions of 
Secs. 25.1501(a) and 25.1581(a)(2) for its regulatory basis.

What, If Any, Are the Differences in the Means of Compliance?

    Although the current standards are different, there are no 
differences in the means of compliance. As stated above, the FAA has 
relied on the general provisions of Secs. 25.1501(a) and 25.1581(a)(2) 
along with the guidance material in AC 25.1581-1 to apply the same 
requirement.

What Action Did the FAA Propose?

    In the NPRM, the FAA proposed to harmonize the regulations by 
revising Sec. 25.1583(f) to adopt the language currently in JAR 
25.1583(f). The proposed action would codify current FAA policy, as 
well as achieve harmonization with the JAR.
    However, we did not propose including the current requirement in 
JAR 25.1583(f) for an explanation of the limiting factors. We find that 
the provision does not represent current practice, and is unnecessary 
for safety. The JAA is now planning to remove this requirement from JAR 
25.1583(f). When this is done, harmonization of this standard will be 
complete.

How Does the Revised Standard Address the Underlying Safety Issue?

    The revised standard continues to address the underlying safety 
issue in the same manner. It simply codifies current FAA policy and 
application of the regulations.

What Is the Effect of the Revised Standard on the Current Regulations?

    The revised standard maintains the same level, and may increase the 
level, of safety provided by the current regulations.

What Is the Effect of the Revised Standard on Current Industry 
Practice?

    The revised standard maintains the same level of safety relative to 
current industry practice.

What Other Options Were Considered and Why Were They Not Selected?

    The FAA has not considered another option. We consider that 
revising the standard, as discussed above, is the most appropriate way 
to fulfill harmonization goals while, at the same time, maintaining 
safety and not affecting current industry design practices.

Who Will Be Affected by the Revised Standard?

    Manufacturers and operators of transport category airplanes could 
be affected by the revised standard. However, because the revised 
standard does not result in any practical changes in requirements or 
practice, there will not be any significant effect.

Is Existing FAA Advisory Material Adequate?

    The FAA considers that the guidance contained in AC 25.1581-1 is 
adequate as it pertains to the revised standard. Additionally, as noted 
previously, the JAA recently issued a parallel AMJ 25.1581 that 
provides guidance similar to, and harmonized with, that contained in AC 
25.1581-1. In light of this, we do not consider that any additional 
advisory material is needed relevant to the revised standard.

Change 5: Section 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, the current 
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 [amendment 25-46, (43 FR 50598, 
October 30, 1978)] 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);
    (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);

[[Page 34019]]

    (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 15, October 2000) 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 
centre 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 
fuel 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). Because the relevant guidance material--the FAA's AC 
25.1581-1 and the JAA's new AMJ 25.1581--is now harmonized, any 
potential for such differences to arise in the future is minimized.

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 ACJs 25.1585(a), 
25.1585(c), and 25.251(e). Although there are differences between the 
texts of the FAA AC and the JAA ACJs, both authorities agree that the 
FAA's AC represents a harmonized text. The JAA has recently revised its 
guidance and published a new AMJ 25.1581, which is harmonized with the 
FAA's AC 25.1581-1.

What Action Did the FAA Propose?

    In the NPRM, the FAA proposed to revise Sec. 25.1585 to incorporate 
the text of JAR 25.1585. The current text of Sec. 25.1585(b) is 
retained, but is 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 has been 
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 
revised standard provides 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 the Revised Standard Address the Underlying Safety Issue?

    The revised standard continues 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 Revised Standard on the Current Regulations?

    The revised standard maintains the same level, and may increase the 
level, of safety provided by the current regulations.

What Is the Effect of the Revised Standard on Current Industry 
Practice?

    The revised standard maintains the same level of safety relative to 
current industry practice.

What Other Options Were 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. We find that revising the standard, as discussed 
above, is the most appropriate way to fulfill harmonization goals 
while, at the same time, maintaining safety and not affecting current 
industry design practices.

Who Will Be Affected by the Revised Standard?

    Manufacturers and operators of transport category airplanes could 
be affected by the revised standard. However, because the revised 
standard does not result in any practical changes

[[Page 34020]]

in requirements or practice, there will not be any significant effect.

Is Existing FAA Advisory Material Adequate?

    The FAA considers that the guidance contained in AC 25.1581-1 is 
adequate as it pertains to the revised standard. Additionally, as noted 
above, the JAA recently issued a parallel AMJ 25.1581 that provides 
guidance similar to, and harmonized with, that contained in AC 25.1581-
1. In light of this, we do not consider that any additional advisory 
material is needed relevant to the revised standard.

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) V<INF>S</INF> 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 15, October 2000) 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 current standards:
    <bullet> Part 25 does not include the text of JAR 25.1587(b)(6) or 
(b)(7).
    <bullet> The JAR does not include the text of Sec. 25.1587(a) or 
(b)(2).
    <bullet> The JAR contains some wording different from part 25 that 
better reflects 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). Because the relevant guidance material--the FAA's 
AC 25.1581-1 and the JAA's new AMJ 25.1581--is now harmonized, any 
potential for such differences to arise in the future is minimized.

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 ACJs 25.1587(b)(1) 
and ACJ 25.1587(b)(7). Although there are differences between the texts 
of the FAA AC and the JAA ACJs, both authorities agree that the FAA's 
AC represents a harmonized text. As noted previously, the JAA has 
recently revised its guidance and published a new AMJ 25.1581, which is 
harmonized with the FAA's AC 25.1581-1.

What Action Did the FAA Propose?

    In the NPRM, the FAA proposed to harmonize the regulations by 
revising Sec. 25.1587 to adopt portions of the text of JAR 25.1587. The 
proposed action would codify current FAA policy, and achieve 
harmonization with the JAR.
    In general, where the standards were different, the FAA found that 
the JAR standard more properly reflects current practices and, in those 
cases, proposed using the JAR text as the harmonized standard. In areas 
where there was a requirement in one standard that did not appear in 
the other standard, the FAA proposed carrying over that requirement 
into the proposed harmonized standard. The FAA also proposed including 
some minor non-substantive editorial changes in the proposed standard. 
The JAA is now planning to revise JAR 25.1587 in the same way; once 
this is done, harmonization of this standard will be complete.

How Does the Revised Standard Address the Underlying Safety Issue?

    The revised standard continues 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 Revised Standard on the Current Regulations?

    The revised standard maintains the same level, and may increase the 
level, of safety provided by the current regulations.

What Is the Effect of the Revised Standard on Current Industry 
Practice?

    The revised standard maintains the same level of safety relative to 
current industry practice.

[[Page 34021]]

What Other Options Were Considered and Why Were They Not Selected?

    The FAA has not considered another option. We find that revising 
the standard, as discussed above, is the most appropriate way to 
fulfill harmonization goals while, at the same time, maintaining safety 
and not affecting current industry design practices.

Who Will Be Affected by the Revised Standard?

    Manufacturers and operators of transport category airplanes could 
be affected by the revised standard. However, because the revised 
standard does not result in any practical changes in requirements or 
practice, there will not be any significant effect.

Is Existing FAA Advisory Material Adequate?

    The FAA considers that the guidance contained in AC 25.1581-1 is 
adequate as it pertains to the revised standard. Additionally, as noted 
above, the JAA recently issued a parallel AMJ 25.1581 that provides 
guidance similar to, and harmonized with, that contained in AC 25.1581-
1. In light of this, we do not consider that any additional advisory 
material is needed relevant to the revised standard.

Discussion of Comments Submitted to the NPRM

    We received comments from two commenters in response to the 
proposal.
    The first commenter, representing numerous groups in the aviation 
industry, fully supports the proposed actions.

Comments Concerning Section 25.1527

    The second commenter, a non-U.S. airframe manufacturer, suggests 
that the title of revised Sec. 25.1527, ``Maximum operating altitude,'' 
be changed. Because the new text applies to the extremes of the ambient 
air temperature and operating altitude, the title should better reflect 
the content of the section. The commenter also notes that the title 
should be changed to be consistent with that of JAR 25.1527, which is 
``Ambient air temperature and operating altitude.''
    We concur and have changed the title of Sec. 25.1527 to ``Ambient 
air temperature and operating altitude.'' Since this section has been 
harmonized by adopting the JAR standard, it is appropriate that the two 
parallel sections have the same title.

Comments Concerning Section 25.1587

    The same commenter notes that paragraph (b)(3) of the proposed 
Sec. 25.1587 refers to ``* * * the range of weights between the maximum 
landing weight and the maximum takeoff weight.'' The commenter believes 
that this range should cover the minimum landing weight and maximum 
takeoff weight. The commenter notes that this same comment applies to 
the existing Sec. 25.1587(b)(3).
    We disagree with this commenter. Section 25.1587(b) requires 
applicants to provide the performance information computed under the 
applicable part 25 provisions for all weights within the operational 
limits of the airplane in the Airplane Flight Manual. This general 
requirement would require the performance information specified in 
Sec. 25.1587(b)(3) to be provided for the weights between the minimum 
and maximum landing weights. Section 25.1587(b)(3) additionally 
requires applicants to provide certain performance information 
pertinent to landing for weights between the maximum landing weight and 
the maximum takeoff weight. The reason for requiring this additional 
information beyond the maximum landing weight to be provided in the 
Airplane Flight Manual is to cover the possibility of an immediate 
return to landing after a maximum weight takeoff. Accordingly, we have 
made no changes to this section in the final rule.

What Regulatory Analyses and Assessments Has the FAA Conducted? 
Economic Evaluation, Regulatory Flexibility Determination, Trade Impact 
Assessment, and Unfunded Mandates Assessment

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs each Federal agency to 
propose or adopt a regulation only upon a reasoned determination that 
the benefits of the intended regulation justify its costs. Second, the 
Regulatory Flexibility Act of 1980 requires agencies to analyze the 
economic impact of regulatory changes on small entities. Third, the 
Trade Agreements Act (19 U.S.C. section 2531-2533) prohibits agencies 
from setting standards that create unnecessary obstacles to the foreign 
commerce of the United States. In developing U.S. standards, this Trade 
Act also requires agencies to consider international standards and, 
where appropriate, use them as the basis of U.S. standards. 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 rule 
has benefits, but no more than minimal costs, and that it is not ``a 
significant regulatory action'' under section 3(f) of Executive Order 
12866. This rule will 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.
    The (DOT) Order 2100.5, ``Regulatory Policies and Procedures,'' 
prescribes policies and procedures for simplification, analysis, and 
review of regulations. If it is determined that the expected impact is 
so minimal that the rule does not warrant a full evaluation, a 
statement to that effect and the basis for it is included in the 
regulation. We provide the basis for this minimal impact determination 
below. We received no comments that conflicted with the economic 
assessment of minimal impact published in the NPRM for this action. 
Given the reasons presented below, and the fact that no comments were 
received to the contrary, we have determined that the expected impact 
of this rule is so minimal that the final rule does not warrant a full 
evaluation.
    Currently, airplane manufacturers must satisfy both the 
requirements of 14 CFR 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 interest 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. As discussed previously, these efforts are referred to as 
``harmonization.'' This final rule results from the FAA's acceptance of 
an ARAC harmonization working group's recommendation. Members of the 
ARAC working group agreed that the requirements of this rule will not 
impose additional costs to U.S. manufacturers of part 25 aircraft.
    Specifically, this rule requires the following:

[[Page 34022]]

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 AC 25.1581-1. They also will 
comply with the new Sec. 25.1516, which is harmonized to existing JAR 
25X1516, because Sec. 25.1501 encompasses the requirements of the new 
FAA standard.
    We expect that the result of this harmonization action will be that 
compliance with either Sec. 25.1516 or JAR 25X1516 will mean compliance 
with the other. Further, because new JAA advisory material is 
harmonized with FAA's AC 25.1581-1, the U.S. manufacturers will not 
need to change the means by which they comply with these harmonized 
rules.
Change 2: Sec. 25.1527, ``Ambient Air Temperature and Operating 
Altitude''
    U.S. manufacturers of part 25 airplanes comply now with 
Sec. 25.1501 through the advice of FAA's AC 25.1581-1. They also will 
comply with the revised Sec. 25.1527, which is harmonized with JAR 
25.1527, because Sec. 25.1501 encompasses the requirements of 
Sec. 25.1527 as it is amended in this rulemaking action.
    We expect that the result of this harmonization action will be that 
compliance with either Sec. 25.1527 or JAR 25.1527 will mean compliance 
with the other. Further, because new JAA advisory material is 
harmonized with FAA AC 25.1581-1, U.S. manufacturers will not need to 
change the means by 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 
Secs. 25.1501 and 25.1581(a)(2) through the advice of FAA's AC 25.1581-
1. They also will comply with revised of Sec. 25.1583(c) , which is 
harmonized with the existing JAR 25.1583(c), because Secs. 25.1501 and 
25.1581(a)(2) encompass Sec. 25.1583(c) as it is amended in this 
rulemaking action.
    This amendment revises 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--are incorporated into the scope of 
Sec. 25.1583. Thus, all three sections will be referenced indirectly by 
Sec. 25.1583(c) through its reference to Sec. 25.1519.
    We expect that the result of this 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 new JAA advisory material 
is harmonized with the FAA's AC 25.1581-1, the U.S. manufacturers will 
not need to change the means by which they comply with the harmonized 
rules.
Change 4: Sec. 25.1583(f), ``Operating Limitations/Altitudes''
    U.S. manufacturers of part 25 airplanes comply now with 
Secs. 25.1501 and 25.1581(a)(2) through the advice of the FAA's AC 
25.1581-1. They also will comply with this amendment, which harmonizes 
Sec. 25.1583(f) with the existing JAR 25.1583(f), because 
Sec. Sec. 25.1501 and 25.1581(a)(2) encompass the requirements of 
Sec. 25.1583(f) as it is amended in this rulemaking action.
    We expect the result of this 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 new JAA advisory material 
is harmonized to FAA's AC 25.1581-1, the U.S. manufacturers will not 
need to change the means by which they comply with these harmonized 
rules.
Change 5: Sec. 25.1585, ``Operating Procedures''
    U.S. manufacturers of part 25 airplanes comply now with existing 
Sec. 25.1585, which encompasses and exceeds the scope of existing JAR 
25.1585. They also will comply with the revised standard that 
harmonizes Sec. 25.1585 with JAR 25.1585.
    The part 25 requirement will be harmonized with 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 existing FAA rule. The single exception is the omission in JAR 
25.1585 as 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 will maintain this current 
FAA requirement. Harmonization of related advisory material is 
completed now that new JAA advisory material is harmonized with 
existing FAA advisory material.
    We expect the result of this 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 will 
result from this action. Neither the harmonization of the rules, nor 
the harmonization of associated JAA advisory material with the FAA 
advisory material, will 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 rulemaking action results in a harmonized FAA/JAA 
standard, such that manufacturers'' compliance with either rule will 
mean compliance with the other.
    The harmonized standard incorporates the requirements of 
Sec. 25.1587(a) and of Sec. 25.1587(b)(2), which now are lacking in the 
JAR. It also incorporates the requirements of JAR 25.1587(b)(6) and of 
JAR 25.1587(b)(7), which were lacking in part 25. Harmonization of 
related advisory material is completed now that the JAA advisory 
material is harmonized with existing FAA advisory material.
    We expect the result of this harmonization action will be that 
compliance with either Sec. 25.1587 or JAR 25.1587 will mean compliance 
with the other. Neither the harmonization of the rules, nor the 
harmonization of associated JAA advisory material with the FAA advisory 
material, will present U.S. manufacturers with any practical change in 
their procedures.
Benefits and Costs of the Changes
    The effect of these regulatory changes will be to improve the 
codification of current certification practice, and no consequent 
substantive change either in practice or in costs of compliance will 
result. Thus, we anticipate that minimal additional costs will be 
associated with compliance with this rule.
    We expect that these changes will result in benefits in the form of 
cost savings received by affected manufacturers because they will be 
able to effect compliance with both part 25 and JAR requirements in a 
simpler and more direct fashion. Further, we expect that the existing 
level of safety will be maintained.
    We have 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. We have concluded that, 
because there is agreement among the potentially affected airplane 
manufacturers that no costs and no more than minimal savings

[[Page 34023]]

will result, further analysis is not required.

Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) of 1980, 5 U.S.C. 601-612, 
directs the FAA to fit regulatory requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to the 
regulation. We are required to determine whether a proposed or final 
action will have a ``significant economic impact on a substantial 
number of small entities'' as defined in the Act.
    If we find that the action will have a significant impact, we must 
do a ``regulatory flexibility analysis.'' However, if we find that the 
action will not have a significant economic impact on a substantial 
number of small entities, we are not required to do the analysis. In 
this case, the Act requires that we include a statement that provides 
the factual basis for our determination.
    We have determined that this amendment will not have a significant 
economic impact on a substantial number of small entities for two 
reasons:
    First, the net economic effect of the rule is minimal regulatory 
cost relief. The amendment requires that new transport category 
aircraft manufacturers meet just the ``more stringent'' European 
certification requirement, rather than both the United States and 
European standards. Airplane manufacturers already meet or expect to 
meet this standard, as well as the existing part 25 requirement.
    Second, all United States manufacturers of transport category 
airplanes exceed the Small Business Administration small entity 
criteria of 1,500 employees for aircraft manufacturers. Those U.S. 
manufacturers include:
    <bullet> The Boeing Company,
    <bullet> Cessna Aircraft Company,
    <bullet> Gulfstream Aerospace,
    <bullet> Learjet (owned by Bombardier Aerospace),
    <bullet> Lockheed Martin Corporation,
    <bullet> McDonnell Douglas (a wholly-owned subsidiary of The Boeing 
Company),
    <bullet> Raytheon Aircraft, and
    <bullet> Sabreliner Corporation.
    We received no comments from the public that differed with the 
assessment given in this section. Since this final rule is minimally 
cost-relieving and there are no small entity manufacturers of part 25 
airplanes, the FAA Administrator certifies that this rule will not have 
a significant economic impact on a substantial number of small 
entities.

Trade Impact Assessment

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
engaging in any standards or related activities that create unnecessary 
obstacles to the foreign commerce of the United States. Legitimate 
domestic objectives, such as safety, are not considered unnecessary 
obstacles. The statute also requires consideration of international 
standards and where appropriate, that they be the basis for U.S. 
standards. In addition, consistent with the Administration's belief in 
the general superiority and desirability of free trade, it is the 
policy of the Administration to remove or diminish to the extent 
feasible, barriers to international trade, including both barriers 
affecting the export of American goods and services to foreign 
countries and barriers affecting the import of foreign goods and 
services into the United States.
    In accordance with that statute and policy, we have assessed the 
potential effect of this final rule and have determined that it 
supports the Administration's free trade policy because the rule will 
use European international standards as the basis for U.S. standards.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (the Act), enacted as 
Public Law 104-4 on March 22, 1995, is intended, among other things, to 
curb the practice of imposing unfunded Federal mandates on State, 
local, and tribal governments. Title II of the Act 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 a $100 million or more expenditure (adjusted yearly for inflation) 
in any one year by State, local, and tribal governments, in the 
aggregate, or by the private sector; such a mandate is considered to be 
a ``significant regulatory action.''
    This final rule does not contain such a mandate. Therefore, the 
requirements of Title II of the Unfunded Mandates Reform Act of 1995 do 
not apply.

What Other Assessments Has the FAA Conducted?

Executive Order 3132, Federalism

    The FAA has analyzed this 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 final rule does not have 
federalism implications.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 [44 U.S.C. 
3507(d)], the FAA has determined there are no new requirements for 
information collection associated with this amendment.

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. We determined 
there are no ICAO Standards and Recommended Practices that correspond 
to these regulations.

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 rulemaking action qualifies for a 
categorical exclusion.

Energy Impact

    The FAA has assessed the energy impact of this final rule 
accordance with the Energy Policy and Conservation Act (EPCA), Public 
Law 94-163, as amended (43 U.S.C. 6362), and FAA Order 1053.1. We have 
determined that the amendment 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 final 
rule would apply to the certification of future designs of transport 
category airplanes and their subsequent operation, it could affect 
intrastate aviation in Alaska.

Plain Language

    In response to the June 1, 1998, Presidential memorandum regarding 
the use of plain language, the FAA re-

[[Page 34024]]

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.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 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  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.

    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 under 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.
    (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<INF>S</INF> 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 (b) 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.
    (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 June 15, 2001.
D.L. Riggin,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 01-15852 Filed 6-25-01; 8:45 am]
BILLING CODE 4910-13-P


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