[Federal Register Volume 63, Number 35 (Monday, February 23, 1998)]
[Rules and Regulations]
[Pages 8847-8848]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4162]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. 29147, Amdt. No. 25-94]


Transport Category Airplanes, Technical Amendments and Other 
Miscellaneous Corrections

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This amendment corrects a number of errors in the safety 
standards for transport category airplanes. None of the changes are 
substantive in nature, and none will impose any additional burden on 
any person.

EFFECTIVE DATE: March 25, 1998.

FOR FURTHER INFORMATION CONTACT:
Gary L. Killion, Manager, Regulations Branch, ANM-114, Transport 
Airplane Directorate, Aircraft Certification Service, FAA, 1601 Lind 
Ave. S.W., Renton, Washington 98055-4056; telephone (425) 227-2114.

SUPPLEMENTARY INFORMATION:

Background

    A number of unrelated errors in the safety standards for transport 
category airplanes have been brought to the attention of the FAA. Some 
are due to inadvertent omissions or other editing errors; others are 
simply typographical or printing errors. This final rule amends part 25 
to correct those errors. None of the corrections are substantive in 
nature, and none will impose any additional burden on any person.

Discussion

    Subpart B of part 25, which contains flight requirements, 
incorporates a number of miscellaneous printing errors. Section 25.107 
contains two such errors concerning the symbols used to denote specific 
airspeeds. Section 25.111(a) contains an erroneous reference to 
Sec. 25.121(f) in lieu of Sec. 25.121(c), and Sec. 25.111(d)(4) 
contains a misspelled word. The heading of Sec. 25.119 refers to the 
singular ``engine'' rather than the plural ``engines''. Section 25.233 
contains an inappropriate sentence break. All of those errors are 
corrected herewith.
    Part 25 was amended by Amendment 25-86 (61 FR 5218, February 9, 
1996) to incorporate revised discrete gust load design requirements. As 
printed in the Federal Register, the introductory paragraph of 
Sec. 25.349(a) incorrectly reads, ``* * * principal masses furnishing 
the reaching inertia forces.'' This phrase is corrected to read, * * * 
principal masses furnishing the reacting inertia forces.''
    Part 25 was amended by Amendment 25-91 (62 FR 40702, July 29, 1997) 
to incorporate revised structural loads requirements for transport 
category airplanes. Due to an editing error associated with that 
amendment, Sec. 25.481(a)(3) is worded as a sentence rather than a 
prepositional phrase continuing the text of paragraph (a). That error 
is corrected by removing the word ``is'' from Sec. 25.481(a)(3).
    Part 25 was amended by Amendment 25-88 (61 FR 57946, November 8, 
1996) to adopt a number of changes concerning the type and number of 
passenger emergency exits in transport category airplanes. Due to 
inadvertent editing errors, existing requirements concerning flightcrew 
emergency exits and the distance between passenger emergency exits were 
omitted from Sec. 25.807. That section is hereby amended to correct 
those omissions. This amendment places no additional burden on any 
persons because the operators of such airplanes are required to comply 
in any event by corresponding standards in parts 121 and 135.
    Prior to the adoption of Amendment 25-56 (47 FR 58489, December 30, 
1982), Sec. 25.832(a)(2) specified a maximum cabin ozone concentration 
of 0.1 parts per million by volume under specified conditions. Although 
unrelated to that amendment, a printing error was introduced shortly 
thereafter in Sec. 25.832(a)(2). As a result of that error, subsequent 
printings of part 25 have specified a maximum concentration of 0.01 
parts per million by volume. Also the lead-in paragraph of 
Sec. 25.832(a) was inadvertently changed to read, ``* * * shown now to 
exceed--'' in lieu of ``* * * shown not to exceed--.'' Section 25.832 
is hereby amended to correct both of those printing errors.
    Prior to the adoption of Amendment 25-40, Sec. 25.903(c) specified 
that each component of the stopping and restarting system on the engine 
side of the firewall that might be exposed to fire must be at least 
fire-resistant. It was recognized then that the benefits of requiring 
the components of the restarting system to be fire-resistant were 
slight because an engine could seldom be restarted safely following a 
fire in that engine. Amendment 25-40, therefore, removed the words 
``and restarting'' from Sec. 25.903(c). Although this change was 
adopted and published appropriately in the Federal Register (42 FR 
15042, March 17, 1977), it has never appeared in subsequent printings 
of part 25. This misprint is, therefore, corrected by omitting the 
words ``and restarting'' as intended by Amendment 25-40.
    Prior to 1968, the oil tanks of transport category airplanes type 
certificated under the provisions of part 25 of the Federal Aviation 
Regulations (FAR) were required to be constructed of fireproof 
materials. In contrast, those in smaller general aviation airplanes 
type certificated under the provisions of part 23 were, and still are, 
permitted to be constructed of materials that are only fire resistant. 
This difference was in recognition of the relatively small quantity of 
oil that can be carried in the integral sumps of the reciprocating 
engines typically used in the latter airplanes, the fact that the oil 
sump serves as a heat sink in dissipating heat from a fire near the 
sump, and the fact that the cooling airflow around a reciprocating 
engine will direct flames away from the sump. During the late 1960s, 
two applicant each proposed to replace the troublesome existing engines 
in de Havilland DH.114 Heron transport category airplanes with then 
modern reciprocating engines. Although large enough to be transport 
category airplanes, the Herons incorporated four engines comparable in 
size and power ratings to the engines typically used in twin-engine 
part 23 airplanes. Because they were designed primarily for 
installation in part 23 airplanes, the replacement engines proposed by 
both applicants incorporated integral oil sumps that were not 
constructed of fireproof materials. Replacing the integral sumps of 
those engines with fireproof sumps would have imposed an undue burden 
with no commensurate safety improvement. Part 25 was, therefore, 
amended (Amendment 25-19, 33 FR 15410, October 17, 1968) to permit the 
installation of reciprocating engines having non-fireproof integral oil 
sumps of not more than a specified quantity. As a result of this 
amendment, an erroneous reference to Sec. 25.1013(a) was introduced in 
Sec. 25.1185(a). Section 25.1185(a) is, therefore, amended to refer 
correctly to Sec. 25.1183(a) in lieu Sec. 25.1013(a).
    Part II of Appendix F contains criteria for seat cushion 
flammability testing. The last sentence of paragraph (a)(3) of Part II 
refers to ``* * * the test specified in Sec. 25.853(b) * * *.'' At the 
time the paragraph was written the reference was correct; however, the 
material contained

[[Page 8848]]

in Sec. 25.853(b) has since been moved to Sec. 25.853(c). Paragraph 
(a)(3) of Part II of Appendix F is, therefore, amended to refer 
correctly to Sec. 25.853(c).

Regulatory Evaluation

    There are no quantifiable costs of benefits attributable to this 
final rule since each change is a non-substantive correction that will 
impose no additional burden on any person. A full regulatory evaluation 
is, therefore, not required.

Regulatory Flexibility Analysis

    The Regulatory Flexibility Act of 1980 (FRA) was enacted by 
Congress to ensure that small entities are not unnecessarily and 
disproportionately burdened by government regulations. The RFA requires 
agencies to review rules which may have ``a significant economic impact 
on a substantial number of small entities. This final rule will have no 
economic impact, significant or otherwise, because it makes only non-
substantive corrections of errors.

International Trade Impact Assessment

    Recognizing that regulations that are nominally domestic in nature 
often affect international trade, the Office of Management and Budget 
directs Federal Agencies to assess whether or not a rule or regulation 
would affect any trade-sensitive activity. This final rule will have no 
effect, positive or negative, on international trade since it makes 
only non-substantive corrections of errors.

Federalism Implications

    The changes adopted herein will 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 or 
responsibilities among the various levels of government. It is, 
therefore, determined in accordance with Executive Order 12612 that 
this final rule will not have significant federalism implications to 
warrant the preparation of a Federalism Assessment.

International Compatibility

    The FAA has reviewed the corresponding regulations of the 
International Civil Aviation Organization regulations, where they 
exist, and those of the European Joint Aviation Authorities (JAA). The 
FAA has identified no differences in these amendments and the foreign 
regulations. Some of the errors were, in fact, brought to the attention 
of the FAA by JAA representatives.

Good Cause Justification for Immediate Adoption

    This amendment is needed to make editorial corrections in part 25. 
In view of the need to expedite these changes, and because the 
amendment is editorial in nature and would impose no additional burden 
on the public, I find that notice and opportunity for public comment 
before adopting this amendment are unnecessary.

Conclusion

    The FAA has determined that this final rule imposes no additional 
burden on any person. Accordingly, it has been determined that the 
action (1) is not a significant rule under Executive Order 12866 and 
(2) is not a significant rule under DOT Regulatory Policies and 
Procedures (44 FR 11034; February 26, 1979).

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety.

Adoption of the Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration (FAA) amends 14 CFR part 25 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.


Sec. 25.107  [Amended]

    2. In Sec. 25.107, paragraph (a)(1), remove ``VMCG'' and 
add ``VMCG,'' in its place; and in paragraph (e), remove 
``VR'' and add ``VR,'' in its place.


Sec. 25.111  [Amended]

    3. In Sec. 25.111, paragraph (a), remove ``Sec. 25.121(f)'' and add 
``Sec. 25.121(c)'' in its place.


Sec. 25.119  [Amended]

    4. In the heading of Sec. 25.119, remove the word ``engine'' and 
add ``engines'' in its place.


Sec. 25.233  [Amended]

    5. In Sec. 25.233, paragraph (a), remove ``. At'' and add ``at'' in 
its place.


Sec. 25.349  [Amended]

    6. In Sec. 25.349, introductory paragraph, remove the words 
``reaching inertia fores'' and add ``reacting inertia forces'' in its 
place.


Sec. 25.481  [Amended]

    7. In Sec. 25.481, paragraph (a)(3), remove the word ``is''.
    8. Section 25.807 is amended by adding a new paragraph (f)(4) and 
new paragraph (j) to read as follows:


Sec. 25.807  Emergency exits

* * * * *
    (f) * * *
    (4) For an airplane that is required to have more than one 
passenger emergency exit for each side of the fuselage, no passenger 
emergency exit shall be more than 60 feet from any adjacent passenger 
emergency exit on the same side of the same deck of the fuselage, as 
measured parallel to the airplane's longitudinal axis between the 
nearest edges.
* * * * *
    (j) Flightcrew emergency exits. For airplanes in which the 
proximity of passenger emergency exits to the flightcrew area does not 
offer a convenient and readily accessible means of evacuation of the 
flightcrew, and for all airplanes having a passenger seating capacity 
greater than 20, flightcrew exits shall be located in the flightcrew 
area. Such exits shall be of sufficient size and so located as to 
permit rapid evacuation by the crew. One exit shall be provided on each 
side of the airplane; or, alternatively, a top hatch shall be provided. 
Each exit must encompass an unobstructed rectangular opening of at 
least 19 by 20 inches unless satisfactory exit utility can be 
demonstrated by a typical crewmember.


Sec. 25.832  [Amended]

    9. In Sec. 25.832, paragraph (a), remove the word ``now'' and add 
the word ``not'' in its place, and in paragraph (a)(2) remove ``0.01'' 
and add ``0.1'' in its place.


Sec. 25.903  [Amended]

    10. In Sec. 25.903, paragraph (c), remove the words ``and 
restarting'' from the second sentence.


Sec. 25.1185  [Amended]

    11. In Sec. 25.1185, paragraph (a), remove ``Sec. 25.1013(a)'' and 
add ``Sec. 25.1183(a)'' in its place.

Appendix F to Part II [Amended]

    12. In Appendix F, Part II, in paragraph (a)(3), remove 
``Sec. 25.853(b)'' and add ``Sec. 25.853(c)'' in its place.
Donald P. Byrne,
Assistant Chief Counsel for Regulations.
[FR Doc. 98-4162 Filed 2-20-98; 8:45 am]
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