[Federal Register Volume 67, Number 163 (Thursday, August 22, 2002)]
[Proposed Rules]
[Pages 54380-54381]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21471]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 25

[Docket No. 25263; Notice No. 87-3]
RIN 2120-AB46


Low Fuel Quantity Alerting System

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM); withdrawal.

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SUMMARY: The FAA is withdrawing a previously published Notice of 
Proposed Rulemaking (NPRM) to amend airworthiness standards for 
transport category airplanes by requiring a means to alert the flight 
crew to potentially unsafe low fuel quantities. We are withdrawing the 
proposed rule because information has been surpassed by technological 
advances. The issues will be addressed by future regulatory action 
based on recommendations from the Aviation Rulemaking Advisory 
Committee (ARAC). The FAA has determined that future regulatory action, 
including the broader scope of a harmonized proposal, will better serve 
the public interest.

FOR FURTHER INFORMATION CONTACT: Michael McRae, Propulsion and 
Mechanical Systems Branch, Federal Aviation Administration, telephone 
425-227-2113, e-mail [email protected].

SUPPLEMENTARY INFORMATION

Background

    On May 12, 1987, the FAA published Notice of Proposed Rulemaking 
No. 87-3 (52 FR 17890) to propose an amendment to part 25 of title 14, 
Code of Federal Regulations, and invited public comment on the subject 
of a low fuel quantity alerting system. Notice No. 87-3 proposes to 
amend airworthiness standards for transport category airplanes by 
requiring a means to alert the flight crew to potentially unsafe low 
fuel quantities. The alerting system would be required to be 
independent of the normal fuel quantity measurement system, and the 
alert would have to occur with no less fuel remaining than that 
required to operate for 30 minutes at normal cruising conditions. The 
comment period closed September 9, 1987.

Discussion of Comments

    Ten comments were received in response to the NPRM. In general, 
most commenters were in favor of the NPRM for the low fuel quantity 
alerting system,

[[Page 54381]]

with a few commenters suggesting additional enhancements to the 
proposal.
    Of the commenters that express support for the proposal, one urges 
a similar rule change to parts 23, 121, and 135 of title 14 of the Code 
of Federal Regulations. Of the commenters who feel additional 
technology is warranted, one recommends a review and application to 
existing aircraft, another recommends an annual calibration check of 
the system, and another offers some design considerations. Several 
commenters find the cost estimation to be underestimated in the NPRM.
    Two commenters support the proposal and state that the phrase ``30 
minutes at normal cruising conditions'' needs clarification. Another 
two commenters object to the same phrase, but oppose the proposal, 
because it only applies to one configuration and one altitude. Both of 
these commenters assert that the proposal should only apply to air 
carriers whose aircraft weigh over 75,000 pounds.
    The FAA acknowledges these contributions to the rulemaking process, 
and affirms its commitment to aviation safety by continuing to clarify, 
update, and harmonize its regulations. We will address any remaining 
concerns in future regulatory actions as we pursue global harmonization 
of aviation regulations.

ICAO and Harmonization

    The International Civil Aviation Organization (ICAO) established 
the International Standards and Recommended Practices to promote 
international cooperation towards the highest possible degree of 
uniformity in regulations and standards. Thirty-two States and 
authorities joined in the goal of standardization.
    The FAA and the Joint Aviation Authorities (JAA) of Europe came 
together to standardize their respective codes of regulation and 
identified a number of significant regulatory differences. Both 
consider harmonization of the two codes a high priority. In 1999, the 
FAA and JAA agreed on a Fast Track Harmonization Program to expedite 
the standardization process. ICAO Resolution A29-3, Global Rule 
Harmonization, urges States to take positive action to promote global 
harmonization of national rules for application of ICAO standards. The 
FAA actively supports ICAO initiatives and programs to achieve a safe 
and efficient aviation system worldwide.

Reason for Withdrawal

    The FAA is involved in eliminating unnecessary differences and 
harmonizing, where practical, similar requirements with Europe and 
Transport Canada. We find that including the issues of Notice No. 87-3 
within harmonization efforts assigned to ARAC will contribute to a more 
complete and current analysis of the issues that will better serve the 
public interest. In addition, future regulatory action will allow the 
public to benefit from the inclusion of technological advances relevant 
to the issues. To achieve harmonization goals and address technological 
issues, we will propose future changes to the Code of Federal 
Regulations through an NPRM with opportunity for public comment. 
Therefore, the FAA withdraws Notice No. 87-3 (52 FR 17890), published 
May 12, 1987.

    Issued in Washington, DC, on August 16, 2002.
Ronald T. Wojnar,
Deputy Director, Aircraft Certification Service (AIR-1).
[FR Doc. 02-21471 Filed 8-21-02; 8:45 am]
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