[Federal Register Volume 65, Number 243 (Monday, December 18, 2000)]
[Proposed Rules]
[Pages 79294-79304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-31926]



[[Page 79293]]

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Part VI





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 25



FAR/JAR Harmonization Actions; Revisions to Requirements Concerning 
Airplane Operating Limitations and the Content of Airplane Flight 
Manuals for Transport Category Airplanes; Proposed Rule

  Federal Register / Vol. 65, No. 243 / Monday, December 18, 2000 / 
Proposed Rules  

[[Page 79294]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. FAA-2000-8511; Notice No. 00-17]
RIN 2120-AG92


FAR/JAR Harmonization Actions; Revisions to Requirements 
Concerning Airplane Operating Limitations and the Content of Airplane 
Flight Manuals for Transport Category Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The Federal Aviation Administration proposed to amend the 
airworthiness standards for transport category airplanes concerning 
airplane operating limitations and the content of airplane flight 
manuals. Adopting this proposal would eliminate regulatory differences 
between the airworthiness standards of the U.S. and the Joint Aviation 
Requirement of Europe, without affecting current industry design 
practices.

DATES: Send your comments on or before February 16, 2001.

ADDRESSES: Address your comments to Dockets Management System, U.S. 
Department of Transportation Dockets, Room Plaza 401, 400 Seventh 
Street SW., Washington, DC 20590-0001. You must identify the docket 
number FAA-2000-8511 at the beginning of your comments, and you should 
submit two copies of your comments. If you wish to receive confirmation 
that the FAA has received your comments, please include a self-
addressed, stamped postcard on which the following statement is made: 
``Comments to Docket No. FAA-2000-8511.'' We will date-stamp the 
postcard and mail it back to you.
    You also may submit comments electronically to the following 
Internet address; http://dms.dot.gov. 
    You may review the public docket containing comments to this 
proposed regulation at the Department of Transportation (DOT) Dockets 
Office, located on the plaza level of the Nassif Building at the above 
address. You may review the public docket in person at this address 
between 9:00 a.m. and 5:00 p.m., Monday through Friday, except Federal 
holidays. Also, you may review the public dockets on the Internet at 
http://dms.dot.gov. 

FOR FURTHER INFORMATION CONTACT: Don Stimson, FAA, Airplane and Flight 
Crew Interface Branch, ANM-111, Transport Airplane Directorate, 
Aircraft Certification Service, 1601 Lind Avenue SW., Renton, WA 98055-
4056; telephone 425-227-1129; facsimile 425-227-1320, e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:   

How Do I Submit Comments to This NPRM?

    Interested persons are invited to participate in the making of the 
proposed action by submitting such written data, views, or arguments, 
as they may desire. Comments relating to the environmental, energy, 
federalism, or economic impact that might result from adopting the 
proposals in this document are also invited. Substantive comments 
should be accompanied by cost estimates. Comments must identify the 
regulatory docket number and be submitted in duplicate to the DOT Rules 
Docket address specified above.
    All comments received, as well as a report summarizing each 
substantive public contact with FAA personnel concerning this proposed 
rulemaking, will be filed in the docket. The docket is available for 
public inspection before and after the comment closing date.
    We will consider all comments received on or before the closing 
date before taking action on this proposed rulemaking. Comments filed 
late will be considered as far as possible without incurring expense or 
delay. The proposals in this document may be changed in light on the 
comments received.

How Can I Obtain a Copy of This NPRM?

    You may download an electronic copy of this document using a modem 
and suitable communications software from the FAA regulations section 
of the Fedworld electronic bulletin board service (telephone: 703-321-
3339); the Government Printing Office (GPO)'s electronic bulletin board 
service (telephone; 202-512-1661); or, if applicable, the FAA's 
Aviation Rulemaking Advisory Committee bulletin board service 
(telephone: 800-322-2722 or 202-267-5948).
    Internet users may access recently published rulemaking documents 
at the FAA's web page at http://www.faa.gov/avr/arm/nprm/nprm.htm or 
the GPO's web page at http://www.access.gpo.gov/nara. 
    You may obtain a copy of this document by submitting a request to 
the Federal Aviation Administration, Office of Rulemaking, ARM-1, 800 
Independence Avenue, SW., Washington, DC 20591; or by calling 202-267-
9680. Communications must identify the docket number of this NPRM.
    Any person interested in being placed on the mailing list for 
future rulemaking documents should request from the above office a copy 
of Advisory Circular 11-2A, ``Notice of Proposed Rulemaking 
Distribution System,'' which describes the application procedure.

What Are the Relevant Airworthiness Standards in the United States?

    In the United States, the airworthiness standards for type 
certification of transport category airplanes are contained in Title 
14, Code of Federal Regulations (CFR) part 25. Manufacturers of 
transport category airplanes must show that each airplane they produce 
of a different type design complies with the appropriate part 25 
standards. These standards apply to:
     Airplanes manufactured within the U.S. for use by U.S.-
registered operators, and
     Airplanes manufactured in other countries and imported to 
the U.S. under a bilateral airworthiness agreement.

What Are the Relevant Airworthiness Standards in Europe?

    In Europe, the airworthiness standards for type certification of 
transport category airplanes are contained in Joint Aviation 
Requirements (JAR)-25, which are based on part 25. These were developed 
by the Joint Aviation Authorities (JAA) of Europe to provide a common 
set of airworthiness standards within the European aviation community. 
Twenty-three European countries accept airplanes type certificated to 
the JAR-25 standards, including airplanes manufactured in the U.S. that 
are type certificated to JAR-25 standards for export to Europe.

What Is ``Harmonization'' and How Did It Start?

    Although part 25 and JAR-25 are very similar, they are not 
identical in every respect. When airplanes are type certificated to 
both sets of standards, the differences between part 25 and JAR-25 can 
result in substantial additional costs to manufacturers and operators. 
These additional costs, however, frequently do not bring about an 
increase in safety. In many cases, part 25 and JAR-25 may contain 
different requirements to accomplish the same safety intent. 
Consequently, manufacturers are usually burdened with meeting the 
requirements of both sets of standards, although the level of safety is 
not increased correspondingly.

[[Page 79295]]

    Recognizing that a common set of standards would not only benefit 
the aviation industry economically, but also maintain the necessary 
high level of safety, the FAA and the JAA began an effort in 1988 to 
``harmonize'' their respective aviation standards. The goal of the 
harmonization effort is to ensure that:
     Where possible, standards do not require domestic and 
foreign parties to manufacture or operate to different standards for 
each country involved; and
     The standards adopted are mutually acceptable to the FAA 
and the foreign aviation authorities.
    The FAA and JAA have identified a number of significant regulatory 
differences (SRD) between the wording of part 25 and JAR-25. Both the 
FAA and the JAA consider ``harmonization'' of the two sets of standards 
a high priority.

What Is ARAC and What Role Does It Play in Harmonization?

    After initiating the first steps towards harmonization, the FAA and 
JAA soon realized that traditional methods of rulemaking and 
accommodating different administrative procedures was neither 
sufficient nor adequate to make appreciable progress towards fulfilling 
the goal of harmonization. The FAA then identified the Aviation 
Rulemaking Advisory Committee (ARAC) as an ideal vehicle for assisting 
in resolving harmonization issues, and, in 1992, the FAA tasked ARAC to 
undertake the entire harmonization effort.
    The FAA had formally established ARAC in 1991 (56 FR 2190, January 
22, 1991), to provide advice and recommendations concerning the full 
range of the FAA's safety-related rulemaking activity. The FAA sought 
this advice to develop better rules in less overall time and using 
fewer FAA resources than previously needed. The committee provides the 
FAA firsthand information and insight from interested parties regarding 
potential new rules or revisions of existing rules.
    There are 64 member organizations on the committee, representing a 
wide range of interests within the aviation community. Meetings of the 
committee are open to the public, except as authorized by section 10(d) 
of the Federal Advisory Committee Act.
    The ARAC establishes working groups to develop recommendations for 
resolving specific airworthiness issues. Tasks assigned to working 
groups are published in the Federal Register. Although working group 
meetings are not generally open to the public, the FAA solicits 
participation in working groups from interested members of the public 
who possess knowledge or experience in the task area. Working groups 
report directly to the ARAC, and the ARAC must accept a working group 
proposal before ARAC presents the proposal to the FAA as an advisory 
committee recommendation.
    The activities of the ARAC will not, however, circumvent the public 
rulemaking procedures; nor is the FAA limited to the rule language 
``recommended'' by ARAC. If the FAA accepts an ARAC recommendation, the 
agency proceeds with the normal public rulemaking procedures. Any ARAC 
participation in a rulemaking package is fully disclosed in the public 
docket.

What Is the Status of the Harmonization Effort Today?

    Despite the work that ARAC has undertaken to address harmonization, 
there remain a large number of regulatory differences between part 25 
and JAR-25. The current harmonization process is extremely costly and 
time-consuming for industry, the FAA, and the JAA. Industry has 
expressed a strong desire to conclude the harmonization program as 
quickly as possible to alleviate the drain on their resources and to 
finally establish one acceptable set of standards.
    Recently, representatives of the aviation industry [including 
Aerospace Industries Association of America, Inc. (AIA), General 
Aviation Manufacturers Association (GAMA), and European Association of 
Aerospace Industries (AECMA)] proposed an accelerated process to reach 
harmonization.

What Is the ``Fast Track Harmonization Program''?

    In light of a general agreement among the affected industries and 
authorities to expedite the harmonization program, the FAA and JAA in 
March 1999 agreed upon a method to achieve these goals. This method, 
which the FAA has titled ``The Fast Track Harmonization Program,'' is 
aimed at expediting the rulemaking process for harmonizing not only the 
42 standards that are currently tasked to ARAC for harmonization, but 
approximately 80 additional standards for part 25 airplanes.
    The FAA initiated the Fast Track program on November 26, 1999 (64 
FR 66522). This program involves grouping all of the standards needing 
harmonization into three categories:
    Category 1: Envelope--For these standards, parallel part 25 and 
JAR-25 standards would be compared, and harmonization would be reached 
by accepting the more stringent of the two standards. Thus, the more 
stringent requirement of one standard would ``envelope'' the other 
standard. In some cases, it may be necessary to incorporate parts of 
both the part 25 and JAR standard to achieve the final, more stringent 
standard. (This may necessitate that each authority revises its current 
standard to incorporate more stringent provisions of the other.)
    Category 2: Completed or near complete--For these standards, ARAC 
has reached, or has nearly reached, technical agreement or consensus on 
the new wording of the proposed harmonized standards.
    Category 3: Harmonize--For these standards, ARAC is not near 
technical agreement on harmonization, and the parallel part 25 and JAR-
25 standards cannot be ``enveloped'' (as described under Category 1) 
for reasons of safety or unacceptability. A standard developed under 
Category 3 would be mutually acceptable to the FAA and JA, with a 
consistent means of compliance.
    Further details on the Fast Track Program can be found in the 
tasking statement (64 FR 66522, November 26, 1999) and the first NPRM 
published under this program, Fire Protection Requirements for 
Powerplant Installations on Transport Category Airplanes (65 FR 36978, 
June 12, 2000).
    Under this program, the FAA provides ARAC with an opportunity to 
review, discuss, and comment on the FAA's draft NPRM. In the case of 
this rulemaking, ARAC suggested a number of editorial changes, which 
have been incorporated into this RPRN.

Discussion of the Proposal

How Does This Proposed Regulation Relate to ``Fast Track''?

    This proposed regulation results from the recommendations of ARAC 
submitted under the FAA's Fast Track Harmonization Program. In this 
notice, the FAA proposes to amend six sections of the regulations 
concerning transport category airplane operating limitations and the 
content of airplane flight manuals (AFM). The six proposed changes are 
described separately below.

Change 1: New Sec. 25.1516, ``Other Speed Limitations''

What Is the Underlying Safety Issue Addressed by the Current Standards?

    There may be speeds above which it is unsafe to extend devices such 
as ram air turbines, thrust reversers, and landing lights into the air 
stream, or to open windows or doors. The current standards require that 
speed limitations must be established and made available to the 
flightcrew to ensure safe operation.

[[Page 79296]]

What Are the Current 14 CFR and JAR Standards?

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


``Sec. 25.1501  Operating Limitations and Information--General.

    (a) Each operating limitation specified in Secs. 25.1503 through 
25.1533, and other limitations and information necessary for safe 
operation, must be established.''

    However, JAR-25 (Change 14, Orange Paper 96/1) contains an 
additional specific paragraph 25.1516 that states:

``JAR 25X1516  Other speed limitations

    Any other limitation associated with speed must be established 
(See also ACJ 25X1516.)''

What Are the Differences in the Standards and What Do Those Differences 
Result In?

    Part 25 does not have an explicit requirement to mandate that any 
other limitation associated with speed be established, while JAR-25 
does. There are no practical differences resulting from the difference 
in the standards, however. Currently, applicants seeking certification 
of transport airplane designs by both the FAA and JAA must establish 
all limitations associated with speed.

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

    There are no differences between part 25 and JAR-25 in the means of 
compliance with the addressed requirement.

What Is the Proposed Action?

    The FAA proposes to harmonize the regulations by revising part 25 
to adopt the text of JAR 25X1516 as new Sec. 25.1516. This proposed 
action would codify current FAA policy.

How Does This Proposed Standard Address the Underlying Safety Issue?

    The proposed standard continues to address the underlying safety 
issue by requiring that airspeed limitations be established for devices 
that can open into the air stream in flight. With the addition of this 
standard, part 25 will have one explicit requirement that applicants 
establish all limitations associated with speed.

What Is the Effect of the Proposed Standard Relative to the Current 
Regulations?

    The proposed standard would maintain the same level of safety and 
may increase the level of safety relative to the current regulations.

What Is the Effect of the Proposed Standard Relative to Current 
Practice?

    The proposed standard would maintain the same level of safety 
relative to current industry practice.

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

    The FAA has not considered another option. The FAA considers the 
proposed action to be the most appropriate way to fulfill harmonization 
goals while maintaining safety and without affecting current industry 
design practices.

Who Would Be Affected by the Proposed Change?

    Manufacturers and operators of transport category airplanes could 
be affected by the proposed change. However, since the proposed change 
does not result in any practical changes in requirements or practice, 
there would not be any significant effect.

Is Existing FAA Advisory Material Adequate?

    The FAA does not consider that any additional advisory material is 
needed. Advisory Circular (AC) 25.1581-1, ``Airplane Flight Manual,'' 
dated July 14, 1997, provides adequate guidance related to the issue 
addressed by this proposed rulemaking. The advisory material will be 
fully harmonized when JAA's Advisory Material Joint (AMJ) 25.1581-1 is 
published.

Change 2: Sec. 25.1527, ``Maximum Operating Altitude''

What Is the Underlying Safety Issue Addressed by the Current Standards?

    Operation of a transport category airplane outside of the 
environmental envelope established for the airplane may be unsafe. 
Therefore, the boundaries of that envelope must be established to 
ensure safe operations. Section 25.1527 requires that such boundaries 
be established.

What Are the Current 15 CFR and JAR Standards?

    The current text of 14 CFR 25.1527 is:


``25.1527  Maximum operating altitude.

    The maximum altitude up to which operation is allowed, as 
limited by flight, structural, powerplant, functional, or equipment 
characteristics, must be established.''

    The current text of JAR 25.1527 (Change 14, Orange Paper 96/1) is:

``JAR 25.1527  Ambient air temperature and operating altitude.

    The extremes of the ambient air temperature and operating 
altitude for which operation is allowed, as limited by flight, 
structural, powerplant, functional, or equipment characteristics, 
must be established.''

What Are the Differences in the Standards and What Do Those Differences 
Result In?

    Section 25.1527 requires that only the maximum altitude portion of 
the environmental envelope be established. However, JAR 25.1527 
requires that both the minimum and maximum altitudes and ambient 
temperatures be established. Although this difference exists, the FAA's 
policy of applying Sec. 25.1527 is consistent with JAR 25.1527. This is 
evidenced by the compliance method described in FAA AC 25.1581-1. 
However, the FAA must rely on the general provisions of Sec. 25.1501(a) 
(``* * * other limitations and information necessary for safe operation 
must be established'') for its regulatory basis.

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

    Although the explicit standards are different, there are no 
differences in their application or means of compliance. As stated 
previously, the FAA relies on both the general provisions of 
Sec. 25.1501(a) and the guidance in AC 25.1581-1 to apply the 
requirement.
    Currently, there is no relevant JAA advisory material. However, the 
JAA has advised the FAA that it soon will be issuing AMJ 25.1581, which 
will contain material harmonized with that in AC 25.1581-1.

What Is the Proposed Action?

    The FAA proposes to harmonize the regulations by revising 
Sec. 25.1527 to adopt the language currently in JAR 25.1527. This 
proposed action would codify current FAA policy and practice.

How Does This Proposed Standard Address the Underlying Safety Issue?

    The proposed standard would continue to address the underlying 
safety issue in the same manner. It would simply codify current FAA 
policy and application of the regulations.

[[Page 79297]]

What Is the Effect of the Proposed Standards Relative to the Current 
Regulations?

    The proposed standard would maintain the same level and may 
increase the level of safety relative to the current regulations.

What Is the Effect of the Proposed Standard Relative to Current 
Industry Practice?

    The proposed standard would maintain the same level of safety 
relative to current industry practice.

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

    The FAA has not considered another option. The FAA considers the 
proposed action to be the most appropriate way to fulfill harmonization 
goals while maintaining safety and without affecting current industry 
design practices.

Who Would Be Affected by the Proposed Change?

    Manufacturers and operators of transport category airplanes could 
be affected by the proposed change. However, since the proposed change 
does not result in any practical changes in requirements or practice, 
there would not be any significant effect.

Is Existing FAA Advisory Material Adequate?

    The FAA considers that current FAA advisory material is adequate. 
The advisory material related to this regulation will be fully 
harmonized when JAA publishes AMJ 25.1581.

Change 3: Sec. 25.1583(c), ``Operating Limitations/Weight and 
Loading Distribution''

What Is the Underlying Safety Issue Addressed by the Current Standards?

    Section 25.1583 (as well as JAR 25.1583) currently requires that 
the limitations established under Secs. 25.1501 through 25.1533 be 
provided in the AFM. To ensure safe operation, any limitations 
established for the airplane must be made known to the flightcrew. This 
is accomplished through instrument markings, placards, and the 
information provided in the AFM.

What Are the Current 14 CFR and JAR Standards?

    The current text of 14 CFR 25.1853(c) [amendment 25-72 (55 FR 
29787, July 20, 1990)] is:


``Sec. 25.1583  Operating limitations.

    * * * (c) Weight and loading distribution. The weight and center 
of gravity limits required by Secs. 25.25 and 25.27 must be 
furnished in the Airplane Flight Manual. All of the following 
information must be presented either in the Airplane Flight Manual 
or in a separate weight and balance control and loading document 
which is incorporated by reference in the Airplane Flight Manual:
    (1) The condition of the airplane and the items included in the 
empty weight as defined in accordance with Sec. 25.29.
    (2) Loading instructions necessary to ensure loading of the 
airplane within the weight and center of gravity limits, and to 
maintain the loading within these limits in flight.
    (3) If certification for more than one center of gravity range 
is requested, the appropriate limitations, with regard to weight and 
loading procedures, for each separate center of gravity range.''


The current text of JAR 25.1583(c) (Change 14, Orange Paper 96/1) is:

``JAR 25.1583  Operating limitations.

    * * * (c) Weight and loading distribution. The weight and centre 
of gravity limitations established under JAR 25.1519 must be 
furnished in the aeroplane Flight Manual. All the following 
information, including weight distribution limitations established 
under JAR 25.1519, must be presented either in the aeroplane Flight 
Manual or in a separate weight and balance control and loading 
document which is incorporated by reference in the aeroplane Flight 
Manual [see ACJ 25.1583(c)];
    (1) The condition of the aeroplane and the items included in the 
empty weight as defined in accordance with JAR 25.29.
    (2) Loading instructions necessary to ensure loading of the 
aeroplane within the weight and centre of gravity limits, and to 
maintain the loading within these limits in flight.
    (3) If certification for more than one centre of gravity range 
is requested, the appropriate limitations, with regard to weight and 
loading procedures, for each separate centre of gravity range.''

What Are the Differences in the Standards and What Do Those Differences 
Result In?

    There are no practical differences in the application of the two 
standards. However, the references to other standards that appear in 
JAR 25.1583(c) are more exact than those that appear in 
Sec. 25.1583(c). The standards referenced are:

------------------------------------------------------------------------
             Section No.                       Title of section*
------------------------------------------------------------------------
25.23...............................  Load distribution limits.
25.25...............................  Weight limits.
25.27...............................  Center of gravity limits.
25.1519.............................  Weight, center of gravity, and
                                       weight distribution.
------------------------------------------------------------------------
* The title of each section is the same in both part 25 and JAR-25.

    JAR 25.1583(c) requires that the operating limitations established 
under JAR 25.1519 be provided in the AFM. JAR 25.1519 then requires 
that weight, center of gravity, and weight distribution limitations, 
``including those established under JAR 25.23 to JAR 25.27,'' be 
established as operating limitations.
    On the other hand, Sec. 25.1583(c) requires that the weight and 
center of gravity limitations required by Secs. 25.25 and 25.27 must be 
provided in the AFM. Like its counterpart JAR standard, Sec. 25.1519 
requires that weight, center of gravity, and weight distribution 
limitations established under Secs. 25.23 and 25.27 be established as 
operating limitations.
    Thus, instead of referencing Sec. 25.1519, the requirements of 
Sec. 25.1583(c) specifically refer to the weight and center of gravity 
limitations determined under Secs. 25.25 and 25.27. This mistakenly 
excludes any operating limitations established under Sec. 25.23.

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

    Although the explicit standards are different, there are no 
differences in their application or means of compliance. The FAA's 
policy of applying Sec. 25.1583 is consistent with JAR 25.1583. The FAA 
relies on the general provisions of Sec. 25.1501(a), and the guidance 
material in AC 25.1581-1 to apply the same requirement.
    The JAA has a current Advisory Circular Joint (ACJ) 25.1583 that is 
relevant and provides some guidance on complying with the standard. 
However, the JAA has advised the FAA that it soon will be issuing AMJ 
25.1581, which will contain guidance material harmonized with that in 
AC 25.1581-1.

What Is the Proposed Action?

    The FAA proposes to harmonize the regulations by revising 
Sec. 25.1583(c) to adopt the language currently in JAR 25.1583(c). This 
proposed action would codify current FAA policy.

How Does This Proposed Standard Address the Underlying Safety Issue?

    The proposed standard would continue to address the underlying 
safety issue in the same manner. It would simply codify current FAA 
policy and application of the regulations.

What Is the Effect of the Proposed Standard Relative to the Current 
Regulations?

    The proposed standard would maintain the same level and may 
increase the level of safety relative to the current regulations.

[[Page 79298]]

What Is the Effect of the Proposed Standard Relative to Current 
Industry Practice?

    The proposed standard would maintain the same level of safety 
relative to current industry practice.

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

    The FAA has not considered another option. The FAA considers the 
proposed action to be the most appropriate way to fulfill harmonization 
goals while maintaining safety and without affecting current industry 
design practices.

Who Would Be Affected by the Proposed Change?

    Manufacturers and operators of transport category airplanes could 
be affected by the proposed change. However, since the proposed change 
does not result in any practical changes in requirements or practice, 
there would not be any significant effect.

Is Existing FAA Advisory Material Adequate?

    The FAA considers that current FAA advisory material is adequate. 
The advisory material related to this regulation will be fully 
harmonized when JAA publishes AMJ 25.1581.

Change 4: Sec. 25.1583(f), ``Operating Limitations/Altitudes''

What Is the Underlying Safety Issue Addressed by the Current Standards?

    As discussed previously, Sec. 25.1583 (as well as JAR 25.1583) 
currently requires that the limitations established under Secs. 25.1501 
through 25.1533 be provided in the AFM. To ensure safe operation, any 
limitations established for the airplane must be made known to the 
flightcrew. This is accomplished through instrument markings, placards, 
and the information provided in the AFM.

What Are the Current 14 CFR and JAR Standards?

    The current text of 14 CFR 25.1583(f) [amendment 25-72 (55 FR 
29787, July 20, 1990)] is:


``25.1583  Operating limitations.

    * * * (f) Altitudes. The altitude established under 
Sec. 25.1527.''

    The current text of JAR 25.1583(f) (Change 14, Orange Paper 96/1) 
is:

``JAR 25.1583  Operating limitations.

    * * * (f) Ambient air temperatures and operating altitudes. The 
extremes of the ambient air temperatures and operating altitudes 
established under JAR 25.1527 and an explanation of the limiting 
factors must be furnished.''

What Are the Differences in the Standards and What Do Those Differences 
Result In?

    Consistent with Sec. 25.1527 (refer to previous discussion), 
Sec. 25.1583(f) requires that only the maximum altitude portion of the 
environmental envelop be established. Consistent with JAR 25.1527, JAR 
25.1583(f) requires that the limitations relative to both the minimum 
and maximum altitudes and ambient temperatures be established. Although 
the explicit standards are different, there are no differences in their 
application or means of compliance. The FAA's policy of applying 
Sec. 25.1583(f) is consistent with JAR 25.1583(f). This is evidenced by 
the compliance method described in FAA AC 25.1581-1. However, the FAA 
must rely on the general provisions of Sec. 25.1501(a) for its 
regulatory basis.

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

    Although the explicit standards are different, there are no 
differences in the means of compliance. As stated above, the FAA relies 
on the general provisions of Sec. 25.1501(a) and the guidance material 
in AC 25.1581-1 to apply the same requirement.

What Is the Proposed Action?

    The FAA proposes to harmonize the regulations by revising 
Sec. 25.1583(f) to adopt the language currently in JAR 25.1583(f). This 
proposed action would codify current FAA policy.
    The current requirement in JAR 25.1583(f) for an explanation of the 
limiting factors would not be included in the revised Sec. 25.1583(f), 
however, as this does not represent current practice and the FAA 
considers it unnecessary for safety.

How Does This Proposed Standard Address the Underlying Safety Issue?

    The proposed standard would continue to address the underlying 
safety issue in the same manner. It would simply codify current FAA 
policy and application of the regulations.

What Is the Effect of the Proposed Standard Relative to the Current 
Regulations?

    The proposed standard would maintain the same level and may 
increase the level of safety relative to the current regulations.

What Is the Effect of the Proposed Standard Relative to Current 
Industry Practice?

    The proposed standard would maintain the same level of safety 
relative to current industry practice.

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

    The FAA has not considered another option. The FAA considers the 
proposed action to be the most appropriate way to fulfill harmonization 
goals while maintaining safety and without affecting current industry 
design practices.

Who Would Be Affected by the Proposed Change?

    Manufacturers and operators of transport category airplanes could 
be affected by the proposed change. However, since the proposed change 
does not result in any practical changes in requirements or practices, 
there would not be any significant effect.

Is Existing FAA Advisory Material Adequate?

    The FAA considers that current FAA advisory material is adequate. 
The advisory material related to this regulation will be fully 
harmonized when JAA publishes AMJ 25.1581.

Change 5: Sec. 25.1585, ``Operating Procedures''

What Is the Underlying Safety Issue Addressed by the Current Standards?

    The primary purpose of the AFM is to provide an authoritative and 
approved source of information that is considered necessary for safely 
operating the airplane. Consistent with this purpose, Sec. 25.1585 
requires that the AFM must provide those operating procedures related 
to airworthiness and necessary for safe operation, including those 
procedures that may be unique to the specific type of airplane.

What Are the Current 14 CFR and JAR Standards?

    The current text of 14 CFR 25.1585 is:


``Sec. 25.1585  Operating procedures.

    (a) Information and instructions regarding the peculiarities of 
normal operations (including starting and warming the engines, 
taxiing, operation of wing flaps, landing gear, and the automatic 
pilot) must be furnished, together with recommended procedures for--
    (1) Engine failure (including minimum speeds, trim, operation of 
the remaining engines, and operation of flaps);
    (2) Stopping the rotation of propellers in flight;
    (3) Restarting turbine engines in flight (including the effects 
of altitude);

[[Page 79299]]

    (4) Fire, decompression, and similar emergencies;
    (5) Ditching [including the procedures based on the requirements 
of Secs. 25.801, 25.807(d), 25.1411, and 25.1415(a) through (e)];
    (6) Use of ice protection equipment;
    (7) Use of fuel jettisoning equipment, including any operating 
precautions relevant to the use of the system;
    (8) Operation in turbulence for turbine powered airplanes 
(including recommended turbulence penetration airspeeds, flight 
peculiarities, and special control instructions);
    (9) Restoring a deployed thrust reverser intended for ground 
operation only to the forward thrust position in flight or 
continuing flight and landing with the thrust reverser in any 
position except forward thrust; and
    (10) Disconnecting the battery from its charging source, if 
compliance is shown with Sec. 25.1353(c)(6)(ii) or (c)(6)(iii).
    (b) Information identifying each operating condition in which 
the fuel system independence prescribed in Sec. 25.953 is necessary 
for safety must be furnished, together with instructions for placing 
the fuel system in a configuration used to show compliance with that 
section.
    (c) The buffet onset envelopes, determined under Sec. 25.251 
must be furnished. The buffet onset envelopes presented may reflect 
the center of gravity at which the airplane is normally loaded 
during cruise if corrections for the effect of different center of 
gravity locations are furnished.
    (d) Information must be furnished which indicates that when the 
fuel quantity indicator reads ``zero'' in level flight, any fuel 
remaining in the fuel tank cannot be used safely in flight.
    (e) Information on the total quantity of usable fuel for each 
fuel tank must be furnished.''

    The current text of JAR 25.1585 (Change 14, Orange Paper 96/1) is:

``JAR 25.1585 Operating procedures.

    (a) Information and instructions regarding operating procedures 
must be furnished [see ACJ 25.1585(a)] in substantial accord with 
the categories described below--
    (1) Emergency procedures which are concerned with foreseeable 
but unusual situations in which immediate and precise action by the 
crew, as detailed in the recommended procedures, may be expected 
substantially to reduce the risk of catastrophe.
    (2) Other procedures peculiar to the particular type or model 
encountered in connection with routine operations including 
malfunction cases and failure conditions, involving the use of 
special systems and/or the alternative use of regular systems not 
considered as emergency procedures.
    (b) Information or procedures not directly related to 
airworthiness or not under the control of the crew, must not be 
included, nor must any procedure which is accepted as basic 
airmanship.
    (c) The buffet onset envelopes, determined under JAR 25.251 must 
be furnished. The buffet onset envelopes presented may reflect the 
center of gravity at which the aeroplane is normally loaded during 
cruise if corrections for the effect of different centre of gravity 
locations are furnished. [See ACJ 25.1585(c).]
    (d) Information must be furnished which indicates that when the 
fuel quantity indicator reads ``zero'' in level flight, any fuel 
remaining in the fuel tank cannot be used safely in flight.
    (e) Information on the total quantity of usable fuel for each 
fuel tank must be furnished.''

What Are the Differences in the Standards and What Do Those Differences 
Result In?

    There are two differences between the standards. First, the JAR 
standard does not include the text of current Sec. 25.1585(b), which 
requires including information in the AFM concerning each operating 
condition in which the fuel system independence is necessary for 
safety, and instructions for placing the rule system in a configuration 
used to show compliance with Sec. 25.953 (``Fuel system 
independence''). Lack of such information may compromise the intent of 
the rules regarding fuel system independence. On this specific issue, 
the part 25 standard is ``more stringent'' than the JAR standard. (As 
discussed later, the JAA intends to revise JAR 25.1585 to add this 
requirement.)
    Second, the text of JAR 25.1585(a) and (b) essentially ``updates'' 
the requirements of Sec. 25.1585(a) to better reflect current policy, 
practices, and interpretations.
    These differences do not necessarily entail any substantial 
differences in the technical requirements for including procedural 
information in the AFM. If differences in practice have arisen, they 
may have resulted more from differences in the means of compliance (and 
interpretation). Harmonizing the relevant guidance material (i.e., 
FAA's AC 25.1581-1 and JAA's soon-to-be published AMJ 25.1581) will 
reduce the potential for such differences in the future.

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

    As one means to demonstrate compliance with Sec. 25.1585, 
applicants have relied on the guidance material related to the 
operating procedures section of the AFM that is contained in AC 
25.1581-1. The JAA has provided relevant guidance in ACJ's 25.1585(a), 
25.1585(c), and 25.251(e). Although there are differences between the 
texts of the FAA AC and the JAA ACJ's, both authorities agree that the 
FAA AC represents a harmonized text. The JAA is currently in the 
process of revising its guidance and will soon publish a new AMJ 
25.1581, which will be harmonized with the FAA's AC 25.1581-1.

What Is the Proposed Action?

    This action would revise Sec. 25.1585 to incorporate the text of 
JAR 25.1585. The current text of Sec. 25.1585(b) would be retained, but 
it would be redesignated as Sec. 25.1585(c). [The JAA intends to revise 
JAR 25.1585 to incorporate these same requirements, and will designate 
them as JAR 25.1585(c).] The incorporated text would be revised 
editorially to simplify it and make it better reflect current 
practices. (The JAA intends to make these same editorial revisions to 
JAR 25.1585.)
    Although the text of the current Sec. 25.1585(a) could be 
considered ``more stringent'' because it is more specific than the JAR 
as to the procedures that must be furnished in the AFM, it is 
considered outdated and not completely consistent with current 
practices. Additionally, some of the mandated procedures are no longer 
appropriate and other important procedures are not included. The 
proposed standard would provide a better description of what types of 
procedures are required to be in the AFM, the specifics of which will 
depend on the particular design developed by the applicant (i.e., a 
performance-based requirement).

How Does This Proposed Standard Address the Underlying Safety Issue?

    The proposed standard would continue to address the underlying 
safety issue in the same manner by requiring information and procedures 
necessary for airworthiness and operational safety to be furnished in 
the AFM.

What Is the Effect of the Proposed Standard Relative to the Current 
Regulations?

    The proposed standard would maintain the same level and may 
increase the level of safety relative to the current regulations.

What Is the Effect of the Proposed Standard Relative to the Current 
Industry Practice?

    The proposed standard would maintain the same level of safety 
relative to current industry practice.

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

    The FAA did not consider any option other than harmonizing this 
item with the JAR. The JAR 25.1585(a) standard is considered to be 
closer to current practices than the manner in which Sec. 25.1585(a) is 
actually applied. The

[[Page 79300]]

FAA considers the proposed action to be the most appropriate way to 
fulfill harmonization goals while maintaining safety and without 
affecting current industry design practices.

Who Would Be Affected by the Proposed Change?

    Manufacturers and operators of transport category airplanes could 
be affected by the proposed change. However, since the proposed change 
does not result in any practical changes in requirements or practice, 
there would not be any significant effect.

Is Existing FAA Advisory Material Adequate?

    The FAA considers that current FAA advisory material is adequate. 
The advisory material related to this regulation will be fully 
harmonized when JAA publishes AMJ 25.1581.

Change 6: Sec. 25.1587, ``Performance Information''

What Is the Underlying Safety Issue Addressed by the Current Standards?

    The primary purpose of the AFM is to provide an authoritative and 
approved source of information considered necessary for safely 
operating the airplane. Consistent with this purpose, Sec. 25.1587 
requires that performance information related to airworthiness and 
necessary for safe operation must be provided in the AFM.

What Are the Current 14 CFR and JAR Standards?

    The current text of 14 CFR 25.1587 [amendment 25-72 (55 FR 29787, 
July 20, 1990)] is:


``Sec. 25.1587  Performance information.

    (a) Each Airplane Flight Manual must contain information to 
permit conversion of the indicated temperature to free air 
temperature if other than a free air temperature indicator is used 
to comply with the requirements of Sec. 25.1303(a)(1).
    (b) Each Airplane Flight Manual must contain the performance 
information computed under the applicable provisions of this part 
for the weights, altitudes, temperatures, wind components, and 
runway gradients, as applicable within the operational limits of the 
airplane, and must contain the following:
    (1) The conditions under which the performance information was 
obtained, including the speeds associated with the performance 
information.
    (2) VS determined in accordance with Sec. 25.103.
    (3) The following performance information (determined by 
extrapolation and computed for the range of weights between the 
maximum landing and maximum takeoff weights):
    (i) Climb in the landing configuration.
    (ii) Climb in the approach configuration.
    (iii) Landing distance.
    (4) Procedures established under Sec. 25.101(f), (g) and (h) 
that are related to the limitations and information required by 
Sec. 25.1533 and by this paragraph. These procedures must be in the 
form of guidance material, including any relevant limitations or 
information.
    (5) An explanation of significant or unusual flight or ground 
handling characteristics of the airplane.''

    The current text of JAR 25.1587 (Change 14, Orange Paper 96/1) is:

``JAR 25.1587  Performance information.

    ``(a) Not required for JAR-25.
    (b) Each aeroplane Flight Manual must contain the performance 
information computed under the applicable provisions of this JAR-25 
(including JAR 25.115, 25.123, and 25.125 for the weights, 
altitudes, temperatures, wind components, and runway gradients, as 
applicable) within the operational limits of the aeroplane, and must 
contain the following:
    (1) The condition of power, configuration, speeds and the 
procedures for handling the aeroplane and any system having a 
significant effect on performance upon which the performance graphs 
are based must be stated in each case. (See ACJ 25.1587(b)(1).)
    (2) Not required for JAR-25 as this sub-paragraph is covered by 
the opening sentence of sub-paragraph (b).
    (3) the following gross performance information (determined by 
extrapolation and computed for the range of weights between the 
maximum landing weight and maximum takeoff weight) must be provided.
    (i) Climb in the landing configuration.
    (ii) Climb in the approach configuration.
    (iii) Landing distance.
    (4) Procedures established under Sec. 25.101 (f) and (g) that 
are related to the limitations and information required by JAR 
25.1533 and by this paragraph must be stated in the form of guidance 
material, including any relevant limitation or information.
    (5) An explanation of significant or unusual flight or ground 
handling characteristics of the aeroplane.
    (6) Corrections to indicated values of airspeed, altitude and 
outside air temperature.
    (7) An explanation of operational landing runway length factors 
included in the presentation of the landing distance, if 
appropriate. (See ACJ 25.1587(b)(7).)''

What Are the Differences in the Standards and What Do Those Differences 
Result In?

    There are several differences between the standards:
     Part 25 does not include the text of JAR 25.1587(b)(6) or 
(7).
     The JAR does not include the text of Sec. 25.1587(a) and 
(b)(2).
     The JAR contains some wording differences in the text that 
better reflect current interpretations and practices.
    These differences do not necessarily entail any substantial 
differences in technical requirements for including performance 
information in the AFM. If differences in practice have arisen, they 
would have resulted more from differences in the means of compliance 
(and interpretation). Harmonizing the relevant guidance material (i.e., 
FAA's AC 25.1581-1 and JAA's soon-to-be-published AMJ 25.1581) will 
reduce the potential for such differences in the future.

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

    As one means to demonstrate compliance with Sec. 25.1585, 
applicants have relied on the guidance material related to the 
operating procedures section of the AFM that is contained in AC 
25.1581-1. The JAA has provided relevant guidance in ACJ's 
25.1587(b)(1) and ACJ 25.1587(b)(7). Although there are differences 
between the texts of the FAA AC and the JAA ACJ's, both authorities 
agree that the FAA AC represents a harmonized text. The JAA is 
currently in the process of revising its guidance and will soon publish 
a new AMJ 25.1581, which will be harmonized with the FAA's AC 25.158-1.

What Is the Proposed Action?

    The FAA proposes to harmonize the regulations by revising 
Sec. 25.1587 to adopt portions of the text of JAR 25.1587. This 
proposed action would codify current FAA policy.
    In general, where the standards are different, the JAR standard 
properly reflects current practices and is proposed as the harmonized 
standard. In areas where there is a requirement in one standard that 
does not appear in the other standard, that requirement has been 
carried over into the proposed harmonized standard. Some minor non-
substantive editorial changes also would be included in the proposed 
standard.

How Does This Proposed Standard Address the Underlying Safety Issue?

    The proposed standard would continue to address the underlying 
safety issue in the same manner by requiring performance information 
necessary for airworthiness and operational safety to be furnished in 
the AFM.

What Is the Effect of the Proposed Standard Relative to the Current 
Regulations?

    The proposed standard would maintain the same level and man 
increase the level of safety relative to the current regulations.

[[Page 79301]]

What Is the Effect of the Proposed Standard Relative to Current 
Industry Practice?

    The proposed standard would maintain the same level of safety 
relative to current industry practice.

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

    The FAA has not considered another option. The FAA considers the 
proposed action to be the most appropriate way to fulfill harmonization 
goals while maintaining safety and without affecting current industry 
design practices.

Who Would Be Affected by the Proposed Change?

    Manufacturers and operators of transport category airplanes could 
be affected by the proposed change. However, since the proposed change 
does not result in any practical changes in requirements or practice, 
there would not be any significant effect.

Is Existing FAA Advisory Material Adequate?

    The FAA considers that current FAA advisory material is adequate. 
The advisory material related to this regulation will be fully 
harmonized when JAA publishes AMJ 25.1581.

What Regulatory Analyses and Assessments Has the FAA Conducted?

Regulatory Evaluation Summary

    Proposed changes to Federal regulations must undergo several 
economic analyses. First, Executive Order 12866 directs that each 
Federal agency shall propose or adopt a regulation only upon a reasoned 
determination that the benefits of the intended regulation justify its 
costs. Second, the Regulatory Flexibility Act of 1980 as amended 
requires agencies to analyze the economic effect of regulatory changes 
on small entities. Third, OMB directs agencies to assess the effect of 
regulatory changes on international trade. And fourth, the Unfunded 
Mandates Reform Act of 1995 requires agencies to prepare a written 
assessment of the costs, benefits, and other effects of proposed or 
final rules that include a Federal mandate likely to result in the 
expenditure by State, local, or tribal governments, in the aggregate, 
or by the private sector of $100 million or more annually (adjusted for 
inflation).
    In conducting these analyses, the FAA has determined that this 
proposal has benefits, but no more than minimal costs, and that is not 
a ``a significant regulatory action`` under section 3(f) of Executive 
Order 12866. This proposal would not have a significant economic impact 
on a substantial number of small entities, reduces barriers to 
international trade, and imposes no unfunded mandates on state, local, 
or tribal governments, or the private sector.
    Because there are no more than minimal costs associated with this 
proposal, it does not warrant the preparation of a full economic 
evaluation for placement in the docket. The basis of this statement and 
for the above determinations is summarized in this section of the 
preamble. The FAA requests comments with supporting documentation in 
regard to the conclusions contained in this section.
    Currently, airplane manufacturers must satisfy both the 
requirements of 14 CFR part 25 standards and the European JAR 
certification standards to market transport category aircraft in both 
the United States and Europe. Meeting two sets of certification 
requirements raises the cost of developing a new transport category 
airplane often with no increase in safety. In the itnerest of fostering 
international trade, lowering the cost of aircraft development, and 
making the certification process more efficient, the FAA, JAA, and 
aircraft manufacturers have been working to create to the maximum 
possible extent a single set of certification requirements accepted in 
both the United States and Europe. These efforts are referred to as 
harmonization.
    In this notice, the FAA proposes to amend six sections of the 
regulations concerning transport category airplane operating 
limitations and the content of airplane flight manuals (AFM). The six 
proposed changes are described separately below.
Change 1: New Sec. 25.1516, ``Other Speed Limitations''
    U.S. manufacturers of part 25 airplanes comply now with 
Sec. 25.1501 through the advice of FAA Advisory Circular (AC) 25.1581-
1. They also would comply with the proposed new Sec. 25.1516, which 
would be harmonized to existing JAR 25X1516, because Sec. 25.1501 
encompasses the requirements of the proposed new FAA rule.
    The FAA expects that the result of this proposed harmonization 
action will be that compliance with either Sec. 25.1516 or JAR 25X1516 
will mean compliance with the other. Further, because proposed new JAA 
advisory material would be harmonized to FAA AC 25.1581-1, U.S. 
manufacturers would not need to change the means through which they 
comply with these harmonized rules.
Change 2: Sec. 25.1527, ``Maximum Operating Altitude''
    U.S. manufacturers of part 25 airplanes comply now with 
Sec. 25.1501 through the advice of FAA AC 25.1581-1. They also would 
comply with the proposed amendment of Sec. 25.1527 to harmonize to JAR 
25.1527, because Sec. 25.1501 encompasses the requirements of 
Sec. 25.1527 as it is proposed to be amended.
    The FAA expects that the result of this proposed harmonization 
action will be that compliance with either Sec. 25.1527 or JAR 25.1527 
will mean compliance with the other. Further, because proposed new JAA 
advisory material would be harmonized to FAA AC 25.1581-1, U.S. 
manufacturers would not need to change the means through which they 
comply with these harmonized rules.
Change 3: Sec. 25.1583(c), ``Operating Limitations/Weight and Loading 
Distribution''
    U.S. manufacturers of part 25 airplanes comply now with 
Sec. 25.1501 through the advice of FAA Advisory Circular 25.1581-1. 
They also would comply with the proposed amendment of Sec. 25.1583(c) 
that would harmonize it to the existing JAR 25.1583(c), because 
Sec. 25.1501 encompasses Sec. 25.1583(c) as it is proposed to be 
amended.
    This change would amend Sec. 25.1583(c) to eliminate its inclusion 
of direct references to Sec. 25.25 and to Sec. 25.27 and its 
concomitant omission of a direct reference to Sec. 25.23. By amending 
Sec. 25.1583(c) so that it refers directly to Sec. 25.1519, which 
includes references to these three sections, they--Sec. 25.25, 
Sec. 25.27, and Sec. 25.23--would be incorporated into the scope of 
Sec. 25.1583. Thus, all three sections would be referenced indirectly 
by Sec. 25.1583(c) through its reference to Sec. 25.1519.
    The FAA expects that the result of this proposed harmonization 
action will be that compliance with either Sec. 25.1583(c) or JAR 
25.1583(c) will mean compliance with the other. Further, because 
proposed new JAA advisory material would be harmonized to FAA AC 
25.1581-1, U.S. manufacturers would not need to change the means 
through which they comply with these harmonized rules.
Change 4: Sec. 25.1583(f), ``Operating Limitations/Altitudes''
    U.S. manufacturers of part 25 airplanes comply now with 
Sec. 25.1501 through the advice of FAA AC 25.1581-1. They also would 
comply with this proposed amendment that would harmonize 
Sec. 25.1583(f) to the existing

[[Page 79302]]

JAR 25.1583(f), because Sec. 25.1501 encompasses the requirements of 
Sec. 25.1583(f) as it is proposed to be amended.
    The FAA expects the result of this proposed harmonization action 
will be that compliance with either Sec. 25.1583(f) or JAR 25.1583(f) 
will mean compliance with the other. Further, because proposed new JAA 
advisory material would be harmonized to FAA AC 25.1581-1, U.S. 
manufacturers would not need to change the means through which they 
comply with these harmonized rules.
Change 5: Sec. 25.1585, ``Operating Procedures''
    U.S. manufacturers of part 25 airplanes comply now with 
Sec. 25.1585 which encompasses and exceeds the scope of existing JAR 
25.1585. They also would comply with the proposed amendment to 
harmonize Sec. 25.1585 to JAR 25.1585.
    The part 25 requirement would be harmonized to the JAR because, 
with one exception, the content of the JAA rule better presents FAA's 
current policy, practices, and interpretations than does the content of 
the FAA rule. The single exception is the omission in JAR 25.1585 of an 
equivalent to Sec. 25.1585(b). This paragraph requires information and 
instructions to be furnished toward compliance with Sec. 25.953. The 
harmonized FAA/JAA standard would maintain this FAA requirement. 
Harmonization of related advisory material would be complete when JAA 
advisory material is harmonized to existing FAA advisory material.
    The FAA expects that the result of this proposed harmonization 
action will be that compliance with either Sec. 25.1585 or JAR 25.1585 
will mean compliance with the other. Further, no reduction in the level 
of safety would result from this action. Neither the proposed 
harmonization of the rules, nor the harmonization of proposed 
associated JAA advisory material to the FAA advisory material would 
present U.S. manufacturers with any practical change in their 
procedures.
Change 6: Sec. 25.1587, ``Performance Information''
    U.S. manufacturers of part 25 airplanes comply now separately with 
existing Sec. 25.1587 and JAR 25.1587, which differ in some 
particulars. This action would result in a harmonized FAA/JAA standard 
such that manufacturers' compliance with either rule would mean 
compliance with the other.
    The harmonized standard would incorporate the requirements of 
Sec. 25.1587(a) and of Sec. 25.1587(b)(2), which now are lacking in the 
JAR. It also would incorporate the requirements of JAR 25.1587(b)(6) 
and of JAR 25.1587(b)(7), which now are lacking in part 25. Some minor 
non-substantive editorial changes also would be included in the 
proposed harmonized standard. Harmonization of related advisory 
material would be complete when JAA advisory material is harmonized to 
existing FAA advisory material.
    The FAA expects that the result of this proposed harmonization 
action would be that compliance with either Sec. 25.1587 or JAR 25.1587 
will mean compliance with the other. Neither the proposed harmonization 
of the rules, nor the harmonization of proposed associated JAA advisory 
material to the FAA advisory material would present U.S. manufacturers 
with any practical change in their procedures.
Benefits and Costs of Proposed Changes
    The effect of these proposed regulatory changes would be to improve 
the codification of current certification practice and no consequent 
substantive change either in practice or in costs of compliance would 
result. Thus, the FAA anticipates that minimal additional costs would 
be associated with compliance to this rule.
    The FAA expects that these proposed changes would result in 
benefits in the form of cost savings received by affected manufacturers 
because they would be able to effect compliance with both part 25 and 
JAR requirements in a simpler and more direct fashion. Further, the FAA 
expects that the existing level of safety will be maintained.
    The FAA has not attempted to quantify the benefits from cost 
savings that may accrue because of this rule beyond noting that while 
the savings from this rule may be small, they are part of a potentially 
large savings from the harmonization program. The FAA concludes that, 
because there is agreement among potentially affected airplane 
manufacturers that no costs and no more than minimal savings will 
result, further analysis is not required. The FAA requests that those 
who believe this action would result in a cost increase provide to the 
Docket their basis for such a belief.

Initial Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA), of 1980 as amended, 
establishes as a principle of regulatory issuance that agencies shall 
endeavor, consistent with the objective of the rule and of applicable 
statutes, to fit regulatory and informational requirements to the sale 
of the business, organizations, and governmental jurisdictions subject 
to regulation. To achieve that principle, the RFA requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions.
    Agencies must perform a review to determine whether a proposed or 
final rule will have a significant impact on a substantial number of 
small entities. If the determination is that the rule will, the Agency 
must prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant impact on a substantial number of 
small entities, section 605(b) of the RFA provides that the head of the 
agency may so certify and a regulatory flexibility analysis is not 
required. The certification must include a statement providing the 
factual basis for this determination, and the reasoning should be 
clear.
    The FAA believes that this proposed rule would not have a 
significant impact on a substantial number of small entities for two 
reasons: First, the net economic effect of the proposed rule is minimal 
reduction of regulatory cost. Second, all United States transport-
aircraft category manufacturers exceed the Small Business 
Administration small-entry criteria of 1,500 employees for aircraft 
manufacturers. United States part 25 airplane manufacturers include: 
Boeing, Cessna Aircraft, Gulfstream Aerospace, Learjet (owned by 
Bombardier), Lockheed Martin, McDonnell Douglas (a wholly owned 
subsidiary of The Boeing Company), Raytheon Aircraft, and Sabreliner 
Corporation. Based on these two reasons, the FAA certifies that this 
proposed rule would not have a significant impact on a substantial 
number of small entities.

International Trade Impact Assessment

    The Trade Agreement Act of 1979 prohibits Federal agencies from 
engaging in activities that create unnecessary obstacles to the foreign 
commerce of the United States. Legitimate domestic objectives, such as 
safety, are not considered unnecessary obstacles. The statute also 
requires consideration of international standards and, where 
appropriate, that they be the basis for U.S. standards. In addition, 
consistent with the Administration's belief in the general superiority 
and desirability of free trade, it is the policy of the Administration 
to remove or diminish to the extent feasible, barriers

[[Page 79303]]

to international trade, including both barriers affecting the export of 
American goods and services to foreign countries and barriers affecting 
the import of foreign goods and services into the United States.
    In accordance with that statute and policy, the FAA has assessed 
the potential effects of these six proposed harmonization actions and 
has determined that they would reduce trade barriers by eliminating the 
differences between FAA and JAA regulations.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 (the Act), 
codified in 2 U.S.C. 1532-1538, enacted as Public Law 104-4 on March 
22, 1995, requires each Federal agency, to the extent permitted by law, 
to prepare a written assessment of the effects of any Federal mandate 
in a proposed or final agency rule that may result in the expenditure 
by State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any one year. Because this proposed rule does not contain 
a Federal, another governmental, or because this proposed rule does not 
contain a Federal, another governmental or a private sector mandate 
that exceeds $100 million in any year, the assessment requirements of 
the Act do not apply. Private sector mandate that exceeds $100 million 
in any year, the assessment requirements of the Act do not apply.

What Other Assessments Has the FAA Conducted?

Executive Order 13132, Federalism

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

Paperwork Reduction Act

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

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to this proposed regulation.

Environmental Analysis

    FAA Order 1050.1D defines FAA actions that may be categorically 
excluded from preparation of a National Environmental Policy Act (NEPA) 
environmental impact statement. In accordance with FAA Order 1050.1D, 
appendix 4, paragraph 4(j), this proposed rulemaking action qualifies 
for a categorical exclusion.

Energy Impact

    The energy impact of the proposed rule has been assessed in 
accordance with the Energy Policy and Conservation Act (EPCA) and 
Public Law 94-163, as amended (43 U.S.C. 6362), and FAA order 1053.1. 
It has been determined that it is not a major regulatory action under 
the provisions of the EPCA.

Regulations Affecting Intrastate Aviation in Alaska

    Section 1205 of the FAA Reauthorization Act of 1996 (110 Stat. 
3213) requires the Administrator, when modifying regulations in Title 
14 of the CFR in a manner affecting intrastate aviation in Alaska, to 
consider the extent to which Alaska is not served by transportation 
modes other than aviation, and to establish such regulatory 
distinctions as he or she considers appropriate. Because this proposed 
rule would apply to the certification of future designs of transport 
category airplanes and their subsequent operation, it could, if 
adopted, affect intrastate aviation in Alaska. The FAA therefore 
specifically requests comments on whether there is justification for 
applying the proposed rule differently to intrastate operations in 
Alaska.

Plain Language

    In response to the June 1, 1998, Presidential memorandum regarding 
the issue of plain language, the FAA re-examined the writing style 
currently used in the development of regulations. The memorandum 
requires Federal agencies to communicate clearly with the public. We 
are interested in your comments on whether the style of this document 
is clear, and in any other suggestions you might have to improve the 
clarity of FAA communications that affect you. You can get more 
information about the Presidential memorandum and the plain language 
initiative at http://www.plainlanguage.gov.

List of Subjects in 14 CFR Part 25

    Aircraft, Aviation safety, Reporting and recordkeeping 
requirements, Safety, Transportation.

The Proposed Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration proposes to amend part 25 of Title 14, Code of Federal 
Regulations, as follows:

PART 25--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY AIRPLANES

    1. The authority citation for part 25 continues to read as follows:

    Authority: 49 U.S.C. 106(g), 40113, 44701-44702, and 44704.

    2. Add new Sec. 25.1516 to read as follows:


Sec. 25.1516  Other speed limitations.

    Any other limitation associated with speed must be established.
    3. Revise Sec. 25.1527 to read as follows:


Sec. 25.1527  Maximum operating altitude.

    The extremes of the ambient air temperature and operating altitude 
for which operation is allowed, as limited by flight, structural, 
powerplant, functional, or equipment characteristics, must be 
established.
    4. Amend Sec. 25.1583 by revising paragraphs (c) and (f) to read as 
follows:


Sec. 25.1583  Operating limitations.

* * * * *
    (C) Weight and loading distribution. The weight and center of 
gravity limitations established under Sec. 25.1519 must be furnished in 
the airplane Flight Manual. All of the following information, including 
the weight distribution limitations established Sec. 25.1519, must be 
presented either in the Airplane Flight Manual or in a separate weight 
and balance control and loading document that is incorporated by 
reference in the Airplane Flight Manual;
    (1) The condition of the airplane and the items included in the 
empty weight as defined in accordance with Sec. 25.29.
    (2) Loading instructions necessary to ensure loading of the 
airplane within the weight and center of gravity limits, and to 
maintain the loading within these limits in flight.

[[Page 79304]]

    (3) If certification for more than one center of gravity range is 
requested, the appropriate limitations, with regard to weight and 
loading procedures, for each separate center of gravity range.
* * * * *
    (f) Ambient air temperatures and operating altitudes. The extremes 
of the ambient air temperatures and operating altitudes established 
under Sec. 25.1527 must be furnished.
* * * * *
    5. Revise Sec. 25.1585 to read as follows:


Sec. 25.1585  Operating procedures.

    (a) Operating procedures must be furnished for--
    (1) Normal procedures peculiar to the particular type or model 
encountered in connection with routine operations;
    (2) Non-normal procedures for malfunction cases and failure 
conditions involving the use of special systems or the alternative use 
of regular systems; and
    (3) Emergency procedures for foreseeable but unusual situations in 
which immediate and precise action by the crew may be expected to 
substantially reduce the risk of catastrophe.
    (b) Information or procedures not directly related to airworthiness 
or not under the control of the crew, must not be included, nor must 
any procedure that is accepted as basic airmanship.
    (c) Information identifying each operating condition in which the 
fuel system independence prescribed in Sec. 25.953 is necessary for 
safety must be furnished, together with instructions for placing the 
fuel system in a configuration used to show compliance with that 
section.
    (d) The buffet onset envelopes, determined under Sec. 25.251 must 
be furnished. The buffet onset envelopes presented may reflect the 
center of gravity at which the airplane is normally loaded during 
cruise if corrections for the effect of different center of gravity 
locations are furnished.
    (e) Information must be furnished that indicates that when the fuel 
quantity indicator reads ``zero'' in level flight, any fuel remaining 
in the fuel tank cannot be used safely in flight.
    (f) Information on the total quantity of usable fuel for each fuel 
tank must be furnished.
    6. Revise Sec. 25.1587 to read as follows:


Sec. 25.1587   Performance information.

    (a) Each Airplane Flight Manual must contain information to permit 
conversion of the indicated temperature to free air temperature if 
other than a free air temperature indicator is used to comply with the 
requirements of Sec. 25.1303(a)(1).
    (b) Each Airplane Flight Manual must contain the performance 
information computed under the applicable provisions of this part 
(including Secs. 25.115, 25,123, and 25,125 for the weights, altitudes, 
temperatures, wind components, and runway gradients, as applicable) 
within the operational limits of the airplane, and must contain the 
following:
    (1) In each case, the conditions of power, configuration, and 
speeds, and the procedures for handling the airplane and any system 
having a significant effect on the performance information.
    (2) V s determined in accordance with Sec. 25.103.
    (3) The following performance information (determined by 
extrapolation and computed for the range of weights between the maximum 
landing weight and the maximum takeoff weight):
    (i) Climb in the landing configuration.
    (ii) Climb in the approach configuration.
    (iii) Landing distance.
    (4) Procedures established under Sec. 25.101 (f) and (g) that are 
related to the limitations and information required by Sec. 25.1533 and 
by this paragraph in the form of guidance material, including any 
relevant limitations or information.
    (5) Any explanation of significant or unusual flight or ground 
handling characteristics of the airplane.
    (6) Corrections to indicated values of airspeed, altitude, and 
outside air temperature.
    (7) An explanation of operational landing runway length factors 
included in the presentation of the landing distance, if appropriate.

    Issued in Renton, Washington, on December 4, 2000.
John J. Hickey,
Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 00-31926 Filed 12-15-00; 8:45 am]
BILLING CODE 4910-13-M