[Federal Register Volume 68, Number 175 (Wednesday, September 10, 2003)]
[Notices]
[Pages 53424-53426]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-23022]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration


Aviation Rulemaking Advisory Committee; General Aviation 
Certification and Operations Issues

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice; assignment of new tasks to the Aviation Rulemaking 
Advisory Committee (ARAC) and withdrawal of prior tasks.

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SUMMARY: This notice announces the withdrawal of four prior ARAC tasks, 
and describes two new tasks assigned to and accepted by the ARAC. This 
notice informs the public of the ARAC activities and invites public 
participation in the ARAC working groups.

FOR FURTHER INFORMATION CONTACT: Mr. David Showers, Manager, Standards 
Office, 901 Locust, Kansas City, Missouri 64106, (816) 329-4110, 
[email protected].

SUPPLEMENTARY INFORMATION:

Background

    The FAA set up the Aviation Rulemaking Advisory Committee (ARAC) to 
give recommendations to the FAA Administrator on aviation-related 
rulemakings. The Secretary of Transportation determined the formation 
and use of the ARAC are necessary and in the public interest in 
performing duties imposed on the FAA by law.
    In 1992, the JAA and the FAA committed to harmonizing, where proper 
and to the maximum extent possible, the FAR (Federal Aviation 
Regulations) and JAR (Joint Aviation Requirements) rules and associated 
materials. However, since the new ARAC tasks will not result in a 
change to the FAR (i.e., 14 CFR part 23) or the associated guidance 
material, formal harmonization with the JAR is not planned. The FAA 
will share the ARAC's recommendations and the FAA's actions on them 
with the JAA. Although the FAA is not currently planning rulemaking 
action as a result of these tasks, if such action is proper in the 
future, harmonization with the JAR will be undertaken.

New Tasks

    The FAA assigned and the ARAC accepted the two tasks described in 
this section. Each task is to be done in two phases.
    Task I: Develop safety standards suitable for all jet and high-
performance airplanes up to 19,000 pounds, including those in the 
commuter category.
    This task is intended to create safety standards that would be 
available to address future part 23 jets and high-performance airplane 
configurations. It would provide industry with a better understanding 
of potential requirements before committing to a project involving

[[Page 53425]]

these airplanes. The safety standards would include performance, 
systems, occupant protection, and other issues for jets and high-
performance part 23 airplanes.

Task I: Phase 1

    1.Define ``high performance'' as it relates to high-performance 
airplanes; and
    2. Review 14 CFR part 23 as a benchmark and identify safety 
concerns that are not currently addressed for jet and high-performance 
part 23 airplanes. Give particular attention to commuter and other part 
23 airplanes used in part 135 service.
    3. As part of the evaluations, consider the following:
    [sbull] Systems issues such as stick pushers and integrated flight 
controls
    [sbull] Structures issues such as mach effects (compressibility) 
and bird strike
    [sbull] Powerplant location issues
    [sbull] Aircraft performance issues such as accelerate-stop 
distance, single-engine climb, mach buffet, stall speed
    [sbull] Cabin safety issues, including Occupant Protection for 
Commuter Category Airplane Crashworthiness (Dynamic Seats), 
Fireblocking Provisions, Thermal/Acoustic Insulation
    [sbull] Cockpit display issues (multifunction displays, primary 
flight displays)

Schedule Task I: Phase 1

    The ARAC should complete phase 1 of task I and forward their 
recommendations to the FAA by March 10, 2004.

Task I: Phase 2

    1. Recommend safety standards to address the safety concerns 
identified in phase 1 of task I, unless the project is withdrawn or 
changed by the FAA.

Schedule Task I: Phase 2

    The ARAC should complete this task and forward their 
recommendations to the FAA by September 12, 2005.
    Task II: Develop safety standards suitable for emerging propulsion-
type technologies related to installing reciprocating engines in part 
23 airplanes.
    Task II would create safety standards that would be available to 
address installing equipment associated with known emerging propulsion-
type technologies on part 23 airplanes. These standards would address 
technologies such as diesel engines, electronic engine and propeller 
controls, electronic engine displays, and so forth. They would give 
industry information on the possible safety requirements in these areas 
before they committed resources to a related project.

Task II: Phase 1

    1. Review 14 CFR part 23 as a benchmark and identify safety 
concerns that are not currently addressed for emerging propulsion-type 
technologies related to the installation of reciprocating engines in 
part 23 airplanes.
    2. As part of the evaluations, consider the following:
    [sbull] Single lever power control (SLP)
    [sbull] Electronic engine control (EEC) and propeller controls
    [sbull] Fuel quantity calibration and low-fuel warning systems
    [sbull] Diesel engine installations, which include consideration of 
the way fuels are addressed in part 23
    [sbull] Electronic engine displays
    [sbull] Other technologies the Committee finds suitable

Schedule for Task II: Phase 1

    The ARAC should complete phase 1 of task II and forward their 
recommendations to the FAA by March 10, 2004.

Task II: Phase 2

    1. Recommend safety standards to address the safety concerns 
identified in phase 1 of task II, unless the project is withdrawn or 
changed by the FAA.

Schedule for Task II: Phase 2

    The ARAC should complete phase 2 of task II and forward their 
recommendations to the FAA by September 12, 2005.

ARAC Acceptance of Tasks

    The ARAC accepted the tasks and has agreed to the schedules for 
completing the tasks. The Committee will assign the tasks to the newly 
formed working groups under General Aviation Certification and 
Operations Issues.

Working Group Activity

    The working group will serve as staff to ARAC and help in the 
analysis of the assigned tasks. ARAC must review and approve the 
working groups' recommendations. If ARAC accepts the working groups' 
recommendations, they will forward them to the FAA as ARAC 
recommendations.
    The Part 23 Jet and High-Performance Airplane Safety Standards 
Working Group and the Part 23 Emerging Propulsion-type Technologies 
Working Group are expected to comply with the procedures adopted by 
ARAC. As part of the procedures, the working groups are expected to:
    1. Recommend a work plan for completion of the task, including the 
rationale supporting such a plan for consideration at the next meeting 
of the ARAC on General Aviation Certification and Operations issues 
held following publication of this notice.
    2. Give a detailed conceptual presentation of the proposed 
recommendations before proceeding with the work stated in item 3 below.
    3. Draft the appropriate documents, required analyses, and any 
other related materials or documents.
    4. Provide a status report at each meeting of the ARAC held to 
consider general aviation certification and operations issues.

Participation in the Working Group

    Each working group will be composed of technical experts with an 
interest in the assigned task. Working group participants should be 
prepared to devote a significant portion of their time and resources to 
the ARAC task. A working group member need not be a representative or a 
member of the ARAC. Individuals who want to become a member of one of 
the working groups should contact the person listed under the FOR 
FURTHER INFORMATION CONTACT section of this notice. They should 
describe their interest in the task, and state the expertise they would 
bring to the working group. All requests to take part in these tasks 
must be received by October 10, 2003. The co-assistant chairs, the co-
assistant executive directors, and the working group chair will review 
all requests and advise which requests they can grant.
    Individuals chosen for membership in a working group are expected 
to represent their part of the aviation community and actively 
participate in the working group (e.g., attend all meetings, provide 
written comments when requested, etc.). In addition, they are expected 
to keep their management chain and those they may represent advised of 
working group activities and decisions to ensure that the proposed 
technical solutions do not conflict with their sponsoring 
organization's position.
    Once the working group has begun deliberations, members will not be 
added or substituted without the approval of the co-assistant chair, 
the co-assistant executive director, and the working group chair.
    Meetings of the ARAC will be open to the public. Meetings of the 
working groups will not be open to the public, except those individuals 
selected as working group members. The FAA will make no public 
announcement of working group meetings.

Withdrawn Tasks

    This notice also announces the withdrawal of four prior tasks 
assigned to the ARAC. Two of these tasks were

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published on March 21, 2001 (66 FR 14427; 66 FR 14428), one on June 6, 
2001 (66 FR 30500), and one on August 22, 2001 (66 FR 44201).
    A description of the withdrawn tasks follows.

Occupant Protection and Safety Standards

    The FAA tasked the ARAC to review occupant protection standards to 
address criteria for improved occupant protection commonly used on part 
23 airplanes, and develop requirements to improve the safety of part 23 
airplanes. The ARAC's recommendations were to include an assessment 
of--
    1. Flammability Standards for Seat Fireblocking Provisions;
    2. Standardization of Emergency Landing Dynamic Conditions;
    3. Thermal/Acoustic Insulation Flammability;
    4. Airworthiness Certification of Airplanes Used in Cargo/Passenger 
Combination Operations;
    5. Emergency Exit Markings;
    6. Emergency Exit Access; and
    7. Electric Cables and Equipment.
    To consolidate FAA and industry resources, the FAA withdraws this 
task and includes it in new Task I described in this notice. Although 
the entire withdrawn task is not included in the new task, the FAA has 
determined that the intended results from the withdrawn task will be 
accomplished with new Task I.

Propulsion Certification Requirements

    The FAA tasked ARAC to review part 23 standards to evaluate 
criteria for propulsion technologies used on part 23 airplanes and 
requirements that would improve the safety of part 23 airplanes. The 
ARAC recommendations were to include an evaluation of--
    1. Turbofan/jet installations;
    2. Single level power controls;
    3. Electronic engine controls;
    4. Fuel quantity calibration and low fuel warning for reciprocating 
engines;
    5. New technology reciprocating engines (for example, diesel 
engines);
    6. New technology powerplant displays; and
    7. Various miscellaneous updates to part 23 powerplant 
requirements.
    To consolidate FAA and industry resources, the FAA withdraws this 
task and incorporates it in new Task II described in this notice.

Static Directional and Lateral Stability

    The FAA tasked the ARAC to review Sec.  23.177 and JAR 23 and make 
recommendations on harmonized changes to Sec.  23.177 for demonstrating 
positive dihedral effect in all landing gear and flap positions that 
would improve the safety of part 23 airplanes. The ARAC's 
recommendations were to include a draft notice of proposed rulemaking 
with preamble language, rule language, and any supporting legal 
analysis.

Miscellaneous Systems Standards

    The FAA tasked the ARAC with evaluating the requirements for 
systems in the following CFR sections and make recommendations to 
address systems safety that would improve the safety of part 23 
airplanes:
    1. Revise Sec.  23.735 to clarify the requirement for operation of 
brakes after a single failure in the braking system in commuter 
category airplanes.
    2. Revise Sec.  23.1301 by deleting paragraph (d); revise Sec.  
23.1309 to include warning requirements, probability values, and 
failure conditions applicable to powerplant systems; make warning 
requirements compatible with other regulations; delete paragraphs (c) 
and (d).
    3. Add a new Sec.  23.1310, Power Source Capacity and Distribution, 
from existing paragraphs 23.1309(c) and (d).
    4. Revise Sec.  23.1311 to address redundancy requirements for 
primary flight instruments; define ``indicator,'' the sensory cue 
requirements in paragraph (a)(6); delete the redundancy requirement in 
paragraph (b).
    5. Review and revise Sec. Sec.  23.1326(b)(1) and 23.1322 to 
require the amber light to be illuminated when the pitot tube heater is 
``off.''
    6. Review and revise Sec.  23.1311 to call out required flight 
instruments as indicated in Sec. Sec.  23.1303 and 91.205.
    The FAA withdraws these tasks to free-up resources that will allow 
the FAA and industry to focus on other priorities. Withdrawal of these 
tasks does not prohibit the FAA from issuing future notices on these 
subject matters or committing the agency to a future course of action.

    Issued in Washington, DC, on September 5, 2003.
Tony F. Fazio,
Executive Director, Aviation Rulemaking Advisory Committee.
[FR Doc. 03-23022 Filed 9-9-03; 8:45 am]
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