95-14171. Revision of Certain Flight Airworthiness Standards To Harmonize With European Airworthiness Standards for Transport Category Airplanes  

  • [Federal Register Volume 60, Number 111 (Friday, June 9, 1995)]
    [Rules and Regulations]
    [Pages 30744-30750]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 95-14171]
    
    
    
    
    [[Page 30743]]
    
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    Part VI
    
    
    
    
    
    Department of Transportation
    
    
    
    
    
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    Federal Aviation Administration
    
    
    
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    14 CFR Parts 1 and 25
    
    
    
    Airworthiness Standards: European Transport Category Airplanes; Changes 
    to Advisory Circular (AC) 25-7; Final Rule and Notice
    
    Federal Register  /  Vol. 60, No. 111  /  Friday, June 9, 1995  /  
    Rules and Regulations 
    [[Page 30744]] 
    
    DEPARTMENT OF TRANSPORTATION
    
    Federal Aviation Administration
    
    14 CFR Parts 1 and 25
    
    [Docket No. 27705; Amendment Nos. 1-40 and 25-84]
    RIN 2120-AF25
    
    
    Revision of Certain Flight Airworthiness Standards To Harmonize 
    With European Airworthiness Standards for Transport Category Airplanes
    
    AGENCY: Federal Aviation Administration, DOT.
    
    ACTION: Final rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Federal Aviation Administration (FAA) is amending part 25 
    of the Federal Aviation Regulations (FAR) to harmonize certain flight 
    requirements with the European Joint Aviation Requirements 25 (JAR-25). 
    This action responds to a petition from the Aerospace Industries 
    Association of America, Inc. and the Association Europeenne des 
    Constructeurs de Materiel Aerospatial. These changes are intended to 
    benefit the public interest by standardizing certain requirements, 
    concepts, and procedures contained in the airworthiness standards for 
    transport category airplanes.
    
    EFFECTIVE DATE: July 10, 1995.
    
    FOR FURTHER INFORMATION CONTACT: Donald K. Stimson, Flight Test and 
    Systems Branch, ANM-111, Transport Airplane Directorate, Aircraft 
    Certification Service, FAA, 1601 Lind Avenue SW., Renton, WA 98055-
    4056; telephone (206) 227-1129, facsimile (206) 227-1320.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        These amendments are based on Notice of Proposed Rulemaking (NPRM) 
    94-15, which was published in the Federal Register on April 22, 1994 
    (59 FR 19296). In that notice, the FAA proposed amendments to 14 CFR 
    parts 1 and 25 to harmonize certain airworthiness standards for 
    transport category airplanes with the European Joint Aviation 
    Requirements 25 (JAR-25). Harmonizing the U.S. and European 
    airworthiness standards benefits the public interest by reducing the 
    costs associated with showing compliance to disparate standards, while 
    maintaining a high level of safety.
        NPRM 94-15 was developed in response to a petition for rulemaking 
    from the Aerospace Industries Association of America, Inc. (AIA) and 
    the Association Europeenne des Constructeurs de Materiel Aerospatial 
    (AECMA). In their petition, AIA and AECMA requested changes to 
    Secs. 25.143(c), 25.143(f), 25.149, and 25.201 to standardize certain 
    requirements, concepts, and procedures for certification flight testing 
    and to enhance reciprocity between the FAA and JAA. In addition, AIA 
    and AECMA recommended changes to FAA Advisory Circular (AC) 25-7, 
    ``Flight Test Guide for Certification of Transport Category 
    Airplanes,'' to ensure that the harmonized standards would be 
    interpreted and applied consistently. A copy of that petition is 
    included in the docket.
        The proposals published in NPRM 94-15 would harmonize not only the 
    sections of part 25 and JAR-25 addressed in the petition, but also 
    related sections. These proposals were developed by the Aviation 
    Rulemaking Advisory Committee (ARAC) and forwarded to the FAA as an 
    ARAC recommendation. The FAA accepted the recommendation and published 
    NPRM 94-15 for public comment in accordance with the normal rulemaking 
    process.
    
    The Aviation Rulemaking Advisory Committee
    
        The ARAC was formally established by the FAA on January 22, 1991 
    (56 FR 2190), to provide advice and recommendations concerning the full 
    range of the FAA's safety-related rulemaking activity. This advice was 
    sought to develop better rules in less overall time using fewer FAA 
    resources than are currently needed. The committee provides the 
    opportunity for the FAA to obtain firsthand information and insight 
    from interested parties regarding proposed new rules or revisions of 
    existing rules.
        There are over 60 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 proposals to 
    recommend to the FAA for resolving specific issues. Tasks assigned to 
    working groups are published in the Federal Register. Although working 
    group meetings are not generally open to the public, all interested 
    parties are invited to participate as working group members. Working 
    groups report directly to the ARAC, and the ARAC must concur with a 
    working group proposal before that proposal can be presented to the FAA 
    as an advisory committee recommendation.
        The activities of the ARAC will not, however, circumvent the public 
    rulemaking procedures. After an ARAC recommendation is received and it 
    is found acceptable by the FAA, the agency proceeds with the normal 
    public rulemaking procedures. Any ARAC participation in a rulemaking 
    package will be fully disclosed in the public docket.
    Discussion of the Proposals
    
        In NPRM 94-15, the FAA proposed amending certain sections of the 
    FAR, as recommended by the ARAC, to harmonize these sections with JAR-
    25. Concurrently, the JAA circulated Notice of Proposed Amendment (NPA) 
    25B-261, which proposed revising JAR-25, as necessary, to ensure 
    harmonization in those areas for which the amendments proposed in NPRM 
    94-15 differ from the current JAR-25.
        The FAA proposed to: (1) Introduce the term ``go-around power or 
    thrust setting'' to clarify certain part 25 flight requirements; (2) 
    revise the maximum control forces permitted for demonstrating 
    compliance with the controllability and maneuverability requirements; 
    (3) provide requirements for stick force and stick force gradient in 
    maneuvering flight; (4) revise and clarify the requirements defining 
    minimum control speed during approach and landing; (5) clarify the 
    procedural and airplane configuration requirements for demonstrating 
    stalls and revise the list of acceptable flight characteristics used to 
    define the occurrence of stall; and (6) require that stall 
    characteristics be demonstrated for turning flight stalls at 
    deceleration rates up to 3 knots per second.
        Revisions were also proposed for AC 25-7 to ensure consistent 
    application of these proposed revised standards. Public comments 
    concerning the revisions to AC 25-7 were invited by separate notice in 
    the same issue of the Federal Register as NPRM 94-15 (59 FR 19303).
        Proposal 1. Certain part 25 flight requirements involving flight 
    conditions other than takeoff (i.e., Secs. 25.119, 25.121(d), 
    25.145(b)(3), 25.145(b)(4), 25.145(b)(5), 25.145(c)(1), 25.149(f)(6), 
    and 25.149(g)(7)(ii)) specify using the maximum available takeoff power 
    or thrust as being representative of the appropriate maximum in-flight 
    power or thrust. In practice, however, the power or thrust setting used 
    to obtain the maximum in-flight power or thrust (commonly referred to 
    as the go-around power or thrust setting) usually differs from the 
    setting used for takeoff. In the [[Page 30745]] past, the FAA 
    interpreted the words ``maximum available takeoff power or thrust'' to 
    mean the maximum in-flight power or thrust, with the takeoff power or 
    thrust setting not always being ``available'' in flight. In NPRM 94-15, 
    the FAA proposed changing the nomenclature to ``go-around power or 
    thrust setting'' for clarification and to reflect terminology commonly 
    used in the operational environment. (The term ``go-around'' refers to 
    a deliberate maneuver to abort a landing attempt prior to touchdown by 
    applying the maximum available power or thrust, retracting flaps, and 
    climbing to a safe level-off altitude.)
        The go-around power or thrust setting may differ from the takeoff 
    power or thrust setting, for example, due to the airspeed difference 
    between the takeoff and go-around flight conditions. In addition, 
    complying with the powerplant limitations of Sec. 25.1521 may result in 
    a lower power setting at the higher airspeeds associated with a go-
    around. As another example, the controllability requirements of 
    Secs. 25.145(b)(3), 25.145(b)(4), 25.145(b)(5), 25.149(f), and 
    25.149(g) may also limit the go-around power or thrust setting to less 
    than that used for takeoff. Another reason to separate the takeoff and 
    go-around power (or thrust) nomenclature is that certification practice 
    has not required, and applicants have not always proposed, changing the 
    go-around power or thrust setting when a previously approved takeoff 
    power or thrust is increased.
        The FAA proposed to substitute the term ``go-around power or thrust 
    setting'' for ``maximum available takeoff power or thrust'' in 
    Secs. 25.119, 25.121(d), 25.145(b)(3), 25.145(b)(4), 25.145(c)(1), 
    25.149(f)(6), and 25.149(g)(7)(ii). (Note that the requirement of 
    Sec. 25.145(b)(5) also uses the power specified in Sec. 25.145(b)(4).) 
    In addition, the FAA proposed to define ``go-around power or thrust 
    setting'' in part 1 as ``the maximum allowable in-flight power or 
    thrust setting identified in the performance data.'' By this revision, 
    the FAA intended to clarify that the applicable controllability 
    requirements should be based on the same power or thrust setting used 
    to determine the approach and landing climb performance contained in 
    the approved Airplane Flight Manual (AFM).
        The proposed terminology referred to a power or thrust ``setting'' 
    rather than a power or thrust to make it clear that existing engine 
    ratings would be unaffected. The powerplant limitations of Sec. 25.1521 
    would continue to apply at the go-around power (or thrust) setting. 
    Existing certification practices would also remain the same, including 
    the relationship between the power or thrust values used to comply with 
    the landing and approach climb requirements of Secs. 25.119 and 
    25.121(d). For example, the thrust value used to comply with 
    Sec. 25.121(d) may be greater than that used for Sec. 25.119, if the 
    operating engine(s) do not reach the maximum allowable in-flight thrust 
    by the end of the eight second time period specified in Sec. 25.119.
        Proposal 2. The FAA proposed to revise the table in Sec. 25.143(c) 
    to match the control force limits currently provided in JAR 25.143(c). 
    This table prescribes the maximum control forces for the 
    controllability and maneuverability flight testing required by 
    Secs. 25.143(a) and 25.143(b). For transient application of the pitch 
    and roll control, the revised table would contain more restrictive 
    maximum control force limits for those maneuvers in which the pilot 
    might be using one hand to operate other controls, relative to those 
    maneuvers in which both hands are normally available for applying pitch 
    and roll control. The revised table would retain the current control 
    force limits for transient application of the yaw control, and for 
    sustained application of the pitch, roll, and yaw controls.
        For maneuvers in which only one hand is assumed to be available, 
    the FAA proposed to reduce the maximum permissible control forces from 
    75 pounds to 50 pounds for pitch control, and from 60 pounds to 25 
    pounds for roll control. These lower control forces would be more 
    consistent with Sec. 25.145(b), which states that a force of 50 pounds 
    for longitudinal (pitch) control is ``representative of the maximum 
    temporary force that readily can be applied by one hand.'' In addition 
    to adding more restrictive control force limits for maneuvers in which 
    only one hand may be available to apply pitch and roll control, the FAA 
    proposed to reduce the maximum permissible force for roll control from 
    60 pounds to 50 pounds for maneuvers in which the pilot normally has 
    both hands available to operate the control.
        The FAA proposed to further revise Sec. 25.143(c) by specifying 
    that the table of maximum permissible control forces applies only to 
    conventional wheel type controls. This restriction, also specified in 
    the current JAR 25.143(c), recognizes that different control force 
    limits may be necessary when considering sidestick controllers or other 
    types of control systems.
        For clarification, the FAA proposed to replace the terms 
    ``temporary'' and ``prolonged,'' used in Secs. 25.143(c), 25.143 (d), 
    25.143(e), and 25.145(b), with ``transient'' and ``sustained,'' 
    respectively. ``Transient'' forces are those control forces resulting 
    from maintaining the intended flight path during changes to the 
    airplane configuration, normal transitions from one flight condition to 
    another, or regaining control after a failure. The pilot is assumed to 
    take immediate action to reduce or eliminate these forces by retrimming 
    or by changing the airplane configuration or flight condition. 
    ``Sustained forces,'' on the other hand, are those control forces 
    resulting from normal or failure conditions that cannot readily be 
    trimmed out or eliminated. The FAA proposed adding these definitions of 
    ``transient'' and ``sustained'' forces to AC 25-7.
        In addition, the FAA proposed several minor editorial changes for 
    Secs. 25.143(c) through 25.143(e) to improve readability and correct 
    grammatical errors. For example, the words ``immediately preceding'' 
    were proposed to replace ``next preceding'' in Sec. 25.143(d). These 
    editorial changes were intended only to clarify the regulatory 
    language, while retaining the existing interpretation of the affected 
    sections.
        Proposal 3. The FAA proposed to add the JAR 25.143(f) requirements 
    regarding control force characteristics during maneuvering flight to 
    part 25 as a new Sec. 25.143(f). By adding these requirements, the FAA 
    would ensure that the force to move the control column, or ``stick,'' 
    must not be so great as to make excessive demands on the pilot's 
    strength when maneuvering the airplane, and must not be so low that the 
    airplane can easily be overstressed inadvertently.
        These harmonized requirements would apply up to the speed VFC/
    MFC (the maximum speed for stability characteristics) rather than 
    the speed VMC/MMC (the maximum operating limit speed) 
    specified by the current JAR 25.143(f). Requiring these maneuvering 
    requirements to be met up to VFC/MFC is consistent with other 
    part 25 stability requirements. Section 25.253, which defines VFC/
    MFC, would be revised to reference the use of this speed in the 
    proposed Sec. 25.143(f). An acceptable means of compliance with 
    Sec. 25.143(f), including detailed interpretations of the stick force 
    characteristics that meet these requirements, would be added to AC 25-
    7.
        Proposal 4. Section 25.149(f) requires that the minimum control 
    speed be determined assuming the critical engine suddenly fails during 
    (or just prior to) a go-around from an all-engines-operating approach. 
    For airplanes with [[Page 30746]] three or more engines, Sec. 25.149(g) 
    requires the minimum control speed to be determined for a one-engine-
    inoperative landing approach in which a second critical engine suddenly 
    fails. The FAA proposed to revise Secs. 25.149(f) through 25.149(h) to 
    clarify and revise the criteria for establishing these minimum control 
    speeds, VMCL and VMCL-2, respectively, for use during 
    approach and landing.
        The FAA proposed to clarify that VMCL and VMCL-2 apply 
    not only to the airplane's approach configuration(s), as prescribed in 
    the current standards, but also to the landing configuration(s). The 
    FAA recognizes that configuration changes occur during approach and 
    landing (e.g. flap setting and landing gear position) and considers 
    that the minimum control speeds provided in the AFM should ensure 
    airplane controllability, following a sudden engine failure, throughout 
    the approach and landing.
        Applicants would have the option of determining VMCL and 
    VMCL-2 either for the most critical of the approach and landing 
    configurations (i.e., the configuration resulting in the highest 
    minimum control speed), or for each configuration used for approach or 
    for landing. By determining the minimum control speeds in the most 
    critical configuration, applicants would not be required to conduct any 
    additional testing to that already required by the current standards. 
    Only if these resulting speeds proved too constraining for other 
    configurations would the FAA expect applicants to exercise the option 
    of testing multiple configurations.
        The FAA also proposed to add provisions to state the position of 
    the propeller, for propeller airplanes, when establishing these minimum 
    control speeds. For the critical engine that is suddenly made 
    inoperative, the propeller position must reflect the most critical mode 
    of powerplant failure with respect to controllability, as required by 
    Sec. 25.149(a). Also, since credit cannot be given for pilot action to 
    feather the propeller during this high flightcrew workload phase of 
    flight, the FAA proposed that VMCL and VMCL-2 be determined 
    with the propeller position of the most critical engine in the position 
    it automatically achieves. For MCL-2, the engine that is already 
    inoperative before beginning the approach may be feathered, since the 
    pilot is expected to ensure the propeller is feathered before 
    initiating the approach.
        To ensure that airplanes have adequate lateral control capability 
    at VMCL and VMCL-2, the FAA proposed to require airplanes to 
    be capable of rolling, from an initial condition of steady straight 
    flight, through an angle of 20 degrees in not more than 5 seconds, in 
    the direction necessary to start a turn away from the inoperative 
    engine. This proposed addition to Sec. 25.149 is contained in the 
    current JAR 25.149.
        The FAA also proposed guidance material for AC 25-7 to enable 
    applicants to additionally determine the appropriate minimum control 
    speeds for an approach and landing in which one engine, and, for 
    airplanes with three or more engines, two engines, are already 
    inoperative prior to beginning the approach. These speeds, VMCL(1 
    out) and VMCL-2(2 out), would be less restrictive than VMCL 
    and VMCL-2 because the pilot is assumed to have trimmed the 
    airplane for the approach with an inoperative engine (for VMCL(1 
    out)) or two inoperative engines (for VMCL-2(2 out)). Also, the 
    approach and landing procedures under these circumstances may use 
    different approach and landing flaps than for the situations defining 
    VMCL or VMCL-2. These additional speeds could be used as 
    guidance in determining the recommended procedures and speeds for a 
    one-engine-inoperative, or, in the case of an airplane with three or 
    more engines, a two-engine-inoperative approach and landing.
        The FAA proposed to revise Sec. 25.125 to require the approach 
    speed used for determining the landing distance to be equal to or 
    greater than VMCL, the minimum control speed for approach and 
    landing with all-engines-operating. This provision would ensure that 
    the speeds used for normal landing approaches with all-engines-
    operating would provide satisfactory controllability in the event of a 
    sudden engine failure during, or just prior to, a go-around.
        Proposal 5. The FAA proposed to revise the stall demonstration 
    requirements of Sec. 25.201 to clarify the airplane configurations and 
    procedures used in flight tests to demonstrate stall speeds and stall 
    handling characteristics. The list of acceptable flight characteristics 
    used to define the occurrence of stall would also be revised. To be 
    consistent with current practice, Sec. 25.201(b)(1) would require that 
    stall demonstrations also be conducted with deceleration devices (e.g., 
    speed brakes) deployed. Additionally, the FAA proposed clarifying the 
    intent of Sec. 25.201(b) to cover normal, rather than failure, 
    conditions by requiring that stalls need only be demonstrated for the 
    approved configurations.
        Section 25.201(c) would be revised to more accurately describe the 
    procedures used for demonstrating stall handling characteristics. The 
    cross-reference to Sec. 25.103(b), currently contained in 
    Sec. 25.201(c)(1), would be moved to a new Sec. 25.201(b)(4) for 
    editorial clarity and harmony with the JAR-25 format. Reference to the 
    pitch control reaching the aft stop, which would be interpreted as one 
    of the indications that the airplane has stalled, would be moved from 
    Sec. 25.201(c)(1) to Sec. 25.201(d)(3).
        The list of acceptable flight characteristics that define the 
    occurrence of a stall, used during the flight tests demonstrating 
    compliance with the stall requirements, is provided in Sec. 25.201(d). 
    The FAA proposed to revise this list to conform with current practices. 
    Section 25.201(d)(1)(ii) would be removed to clarify that a rolling 
    motion, occurring by itself, is not considered an acceptable flight 
    characteristics for defining the occurrence of a stall. The proposed 
    Sec. 25.201(d)(2) would replace the criteria of Secs. 25.201(d)(1)(iii) 
    and 25.201(d)(2) because only deterrent buffeting (i.e., a distinctive 
    shaking of the airplane that is a strong and effective deterrent to 
    further speed reduction) is considered to comply with those criteria. 
    Finally, the proposed Sec. 25.201(d)(3) would define as a stall a 
    condition in which the airplane does not continue to pitch up after the 
    pitch control has been pulled back as far as it will go and held there 
    for a short period of time. Guidance material was proposed for AC 25-7 
    to define the length of time that the control stick must be held in 
    this full aft position when using Sec. 25.201(d)(3) to define a stall.
        Proposal 6. Section 25.201 currently requires stalls to be 
    demonstrated at airspeed deceleration rates (i.e., entry rates) not 
    exceeding one knot per second. JAR 25.201 currently requires, in 
    addition, that turning flight stalls must be demonstrated at 
    accelerated rates of entry into the stall (i.e., dynamic stalls). 
    According to the JAA, the intended procedure for demonstrating dynamic 
    stalls begins with a 1 knot per second deceleration from the trim speed 
    (similar to normal stalls). Then, approximately halfway between the 
    trim speed and the stall warning speed, the flight test pilot applies 
    the elevator control to achieve an increase in the rate of change of 
    angle-of-attack. The final angle-of-attack rate and the control input 
    to achieve it should be appropriate to the type of airplane and its 
    particular control characteristics.
        The AIA/AECMA petition detailed various difficulties with 
    interpretation of the JAR-25 requirement, noted that [[Page 30747]] the 
    requirement is not contained in the FAR, and proposed that dynamic 
    stalls be removed from JAR-25. Some of the concerns with the JAR-25 
    dynamic stall requirement include: (1) A significant number of flight 
    test demonstrations for compliance used inappropriate piloting 
    techniques considering the capabilities of transport category 
    airplanes; (2) the stated test procedures depend, to a large extent, on 
    pilot interpretation, resulting in test demonstrations that could vary 
    significantly for different test pilots; (3) the safety objective of 
    the requirement is not well understood within the aviation community; 
    and (4) the flight test procedures that are provided are inconsistent 
    with the flight characteristics being evaluated. As a result, 
    applicants are unable to ensure that their designs will comply with the 
    JAR-25 dynamic stall requirement prior to the certification flight 
    test.
        In practice, FAA certification testing has typically included stall 
    demonstrations at entry rates higher than 1 knot per second. For 
    airplanes with certain special features, such as systems designed to 
    prevent a stall or that are needed to provide an acceptable stall 
    indication, higher entry rates are demonstrated to show that the system 
    will continue to safely perform its intended function under such 
    conditions. These higher entry rate stalls are different, however, from 
    the JAR-25 dynamic stalls.
        Rather than simply deleting the dynamic stall requirements from 
    JAR-25, or adding this requirement to part 25, the ARAC recommended 
    harmonizing the two standards by requiring turning flight stalls be 
    demonstrated at steady airspeed deceleration rates up to 3 knots per 
    second. The FAA agrees with this recommendation and proposed to add the 
    requirement for a higher entry rate stall demonstration to part 25 as 
    Sec. 25.201(c)(2). The current Sec. 25.201(c)(2) would be redesignated 
    Sec. 25.201(c)(3). The JAA would replace the JAR-25 dynamic stall 
    requirement with the ARAC recommendation.
        The proposed higher entry rate stall demonstration is a controlled 
    and repeatable maneuver that meets the objective of evaluating stall 
    characteristics over a range of entry conditions that might reasonably 
    be encountered by transport category airplanes in operational service. 
    Some degradation in characteristics would be accepted at the higher 
    entry rates, as long as it does not present a major threat to recovery 
    from the point at which the pilot has recognized the stall. Guidance 
    material was proposed for AC 25-7 to point out that the specified 
    deceleration rate, and associated rate of increase in angle of attack, 
    should be established from the trim speed specified in 
    Sec. 25.103(b)(1) and maintained up to the point at which the airplane 
    stalls.
        The FAA proposed to revise Sec. 25.203(c) to specify a bank angle 
    that must not be exceeded during the recovery from the turning flight 
    stall demonstrations. Currently, Sec. 25.203(c) provides only a 
    qualitative statement that a prompt recovery must be easily attainable 
    using normal piloting skill. By specifying a maximum bank angle limit, 
    the FAA proposed to augment this qualitative requirement with a 
    quantitative one.
        For deceleration rates up to 1 knot per second, the maximum bank 
    angle would be approximately 60 degrees in the original direction of 
    the turn, or 30 degrees in the opposite direction. These bank angle 
    limits are currently contained in JAR-25 guidance material, and have 
    been used informally during FAA certification programs as well. For 
    deceleration rates higher than 1 knot per second, the FAA proposed to 
    allow a greater maximum bank angle--approximately 90 degrees in the 
    original direction of the turn, or 60 degrees in the opposite 
    direction. These are the same acceptance criteria currently used by the 
    JAA to evaluate dynamic stall demonstrations.
        In addition to the amendments to part 25 adopted by this final 
    rule, AC 25-7 is being revised to ensure that these harmonized 
    standards will be interpreted and applied consistently. AC 25-7 
    provides guidelines that the FAA has found acceptable regarding flight 
    testing transport category airplanes to demonstrate compliance with the 
    applicable airworthiness requirements. The changes to AC 25-7 are 
    described in a separate notice published elsewhere in this issue of the 
    Federal Register. Copies of the affected pages will be available for 
    distribution shortly after publication of this final rule.
    
    Discussion of the Comments
    
        Five commenters responded to the request for comments contained in 
    NPRM 94-15. All five commenters support the proposals, with two of the 
    commenters requesting that the FAA and JAA concurrently adopt the 
    proposed amendments soon. One of the commenters supports the proposals 
    as long as they apply only to future airplane certification programs, 
    and not to existing fleets.
        The FAA appreciates the widespread support for these proposals, 
    which the FAA attributes to the use of the ARAC process. As a result of 
    this support, the FAA is adopting the proposed rules with only a few 
    minor clarifying changes. These changes, which do not affect the 
    intended application of the requirements, were made to prevent any 
    confusion that may have resulted from the proposed wording.
        In Sec. 25.125(a)(2), the FAA has added the words ``whichever is 
    greater'' in reference to the two constraints on the stabilized 
    approach speed used to determine the landing distance. This addition 
    provides consistency with other sections of part 25 containing multiple 
    constraints, and clarifies that the more critical of the two 
    constraints must be satisfied.
        In Sec. 25.143(c), the FAA proposed to replace the term 
    ``temporary'' with the term ``transient'' to refer to those control 
    forces that the pilot is assumed to take immediate action to reduce or 
    eliminate. Examples of such forces are those resulting from raising or 
    lowering the flaps or landing gear, changing altitude or speed, or 
    recovering from some type of failure. The intended requirement relates 
    to the initial stabilized force resulting from these events, not to any 
    force peaks that may occur instantaneously. The term ``transient,'' 
    however, could too easily be misinterpreted to refer to an 
    instantaneous peaking of the force level. Therefore, the FAA is 
    replacing ``temporary'' with ``short term'' rather than ``transient'' 
    in Sec. 25.143(c). For consistent terminology, the FAA is also 
    replacing the term ``prolonged'' in Sec. 25.143(c) with ``long term.'' 
    These changes are carried through to the other sections of the proposal 
    in which the terms ``temporary'' and ``prolonged'' appear 
    (Secs. 25.143(d) and (e) and 25.145(b)). The accompanying advisory 
    material that was proposed for AC 25-7 will also be revised 
    accordingly.
        Due to a comment on the revisions proposed for AC 25-7 associated 
    with the proposed rule changes, the FAA finds it necessary to clarify 
    the requirements for the position of the propeller on the engine 
    suddenly made inoperative during the VMCL and VMCL-2 
    determination of Secs. 25.149(f) and 25.149(g). A windmilling propeller 
    creates significantly more drag than a feathered propeller, and hence 
    is the more critical position relative to maintaining control of the 
    airplane after an engine failure. Since Sec. 25.149(a) requires 
    VMCL and VMCL-2 to be determined using the most critical mode 
    of powerplant failure with respect to controllability, the windmilling 
    position must be assumed. Subsequent feathering of the propeller would 
    be accomplished either by an automatic system that 
    [[Page 30748]] senses the engine failure or by the pilot manually 
    adjusting the cockpit controls.
        The requirements proposed in NPRM 94-15 would allow the propeller 
    to be in the feathered position if the propeller feathering is done 
    automatically. Credit for pilot action to manually feather the 
    propeller would be inappropriate during this high workload phase of 
    flight. Because an autofeather system may not be designed to respond to 
    an engine failure at low power settings, one commenter proposes adding 
    a statement to the advisory material in AC 25-7 to state that the 
    engine failure could be assumed to occur after the pilot sets go-around 
    power. The commenter's proposal would ensure that automatic propeller 
    feathering could be taken into account in determining VMCL and 
    VMCL-2, even if the automatic feathering would not occur for 
    engine failures at low power settings.
        The FAA does not concur with the commenter's proposal. As was noted 
    in the NPRM 94-15 preamble discussion, VMCL and VMCL-2 must 
    be determined assuming the critical engine suddenly fails during, or 
    just prior to, the go-around maneuver. A sudden engine failure during 
    an approach for landing may be the reason for initiating the go-around. 
    If the autofeather system does not feather the propeller in this 
    situation, the minimum control speeds should not assume the propeller 
    is feathered.
        To clarify this point, Secs. 25.149(f)(5) and 25.149(g)(5) have 
    been revised to state that the engine failure must be assumed to occur 
    from the power setting associated with maintaining a three degree 
    approach path angle. The revised wording also clarifies that these 
    provisions apply only to propeller airplanes. The word 
    ``automatically,'' referring to the position achieved by the propeller, 
    has been replaced with ``without pilot action.'' This revision further 
    clarifies the intent of the requirement and is more appropriate 
    terminology for applying these requirements to airplanes lacking an 
    autofeather system.
        The FAA is clarifying Sec. 25.201(d)(1) by removing the reference 
    to rolling motion. Section 25.201(d) defines and lists the airplane 
    behavior that gives the pilot a clear indication that the airplane has 
    stalled. The presence of rolling motion is immaterial to determining 
    whether or not the airplane has stalled. The proposed wording had been 
    intended to emphasize that a rolling motion by itself would be 
    unacceptable as a stall indication, and that any rolling motion that 
    did occur must be within the bounds allowed by Secs. 25.203 (b) and 
    (c); however, the FAA has decided that this explanatory material would 
    be better placed in AC 25-7.
        With the exceptions noted above, the FAA is revising parts 1 and 25 
    as proposed. These amendments apply only to airplanes for which an 
    application for a new (or amended or supplemental, if applicable) type 
    certificate is made after the date the amendment becomes effective.
    
    Regulatory Evaluation Summary
    
    Final Regulatory Evaluation, Final Regulatory Flexibility 
    Determination, and Trade Impact Assessment
    
        Three principal requirements pertain to the economic impacts of 
    changes to the Federal Aviation Regulations. First, Executive Order 
    12866 directs Federal agencies to promulgate new regulations or modify 
    existing regulations only if the expected benefits to society outweigh 
    the expected costs. Second, the Regulatory Flexibility Act of 1980 
    requires agencies to analyze the economic impact of regulatory changes 
    on small entities. Finally, the Office of Management and Budget directs 
    agencies to assess the effect of regulatory changes on international 
    trade. In conducting these analyses, the FAA has determined that this 
    rule: (1) Will generate benefits exceeding costs; (2) is not 
    ``significant'' as defined in the Executive Order and the Department of 
    Transportation's (DOT) policies and procedures; (3) will not have a 
    significant impact on a substantial number of small entities; and (4) 
    will lessen restraints on international trade. These analyses, 
    available in the docket, are summarized below.
    
    Cost Benefit Analysis
    
        Three of the 48 provisions will require additional flight testing 
    and engineering analysis, resulting in compliance costs of $18,500 per 
    type-certification, or about $37 per airplane when amortized over a 
    representative production run of 500 airplanes. The primary benefits of 
    the rule are harmonization of flight test airworthiness standards with 
    the European Joint Aviation Requirements and clarification of existing 
    standards. The resulting increased uniformity of flight test standards 
    will simplify airworthiness approvals and reduce over flight testing 
    costs. While not readily quantifiable, these benefits will far exceed 
    the incremental costs of the rule.
    
    Regulatory Flexibility Determination
    
        The Regulatory Flexibility Act of 1980 (RFA) was enacted by 
    Congress to ensure that small entities are not unnecessarily or 
    disproportionately burdened by Federal regulations. The RFA requires a 
    Regulatory Flexibility Analysis if a rule will have a significant 
    economic impact, either detrimental or beneficial, on a substantial 
    number of small entities. FAA Order 2100.14A, Regulatory Flexibility 
    Criteria and Guidance, prescribes standards for complying with RFA 
    review requirements in FAA rulemaking actions. The Order defines 
    ``small entities'' in terms of size thresholds, ``significant economic 
    impact'' in terms of annualized cost thresholds, and ``substantial 
    number'' as a number which is not less than eleven and which is more 
    than one-third of the small entities subject to the proposed or final 
    rule.
        The rule will affect manufacturers of transport category airplanes 
    produced under future new airplane type certifications. For 
    manufacturers, Order 2100.14A specifies a size threshold for 
    classification as a small entity as 75 or fewer employees. Since no 
    part 25 airplane manufacturer has 75 or fewer employees, the rule will 
    not have a significant economic impact on a substantial number of small 
    airplane manufacturers.
    
    Trade Impact Assessment
    
        This final rule will not constitute a barrier to international 
    trade, including the export of American airplanes to foreign countries, 
    and the import of foreign airplanes into the United States. Instead, 
    the flight testing standards have been harmonized with those of foreign 
    aviation authorities, thereby lessening restraints on trade.
    
    Federalism Implications
    
        This final rule will not have substantial direct effects on the 
    States, on the relationship between the national government and the 
    State, or on the distribution of power and responsibilities among the 
    various levels of government. Therefore, in accordance with Executive 
    Order 12612, it is determined that this final rule will not have 
    sufficient federalism implications to warrant preparing a Federalism 
    Assessment.
    
    Conclusion
    
        Because the changes to standardize specific flight requirements of 
    part 25 of the FAR are not expected to result in substantial economic 
    cost, the FAA has determined that this regulation is not significant 
    under Executive Order 12866. Because this is an issue that has not 
    prompted a great deal of public concern, the FAA has determined that 
    this action is not significant under DOT [[Page 30749]] Regulatory 
    Policies and Procedures (44 FR 11034, February 25, 1979). In addition, 
    since there are no small entities affected by this rulemaking, the FAA 
    certifies, under the criteria of the Regulatory Flexibility Act, that 
    this regulation will not have a significant economic impact, positive 
    or negative, on a substantial number of small entities. A copy of the 
    regulatory evaluation prepared for this regulation has been placed in 
    the public docket. A copy may be obtained by contacting the person 
    identified under the caption, FOR FURTHER INFORMATION CONTACT.
    
    List of Subjects
    
    14 CFR Part 1
    
        Air transportation.
    
    14 CFR Part 25
    
        Aircraft, Aviation safety, Reporting and recordkeeping 
    requirements.
    
    Adoption of the Amendment
    
        In consideration of the foregoing, the Federal Aviation 
    Administration (FAA) amends 14 CFR parts 1 and 25 of the Federal 
    Aviation Regulations (FAR) as follows:
    
    PART 1--DEFINITIONS AND ABBREVIATIONS
    
        1. The authority citation for part 1 continues to read as follows:
    
        Authority: 49 U.S.C. app. 1347, 1348, 1354(a), 1357(d)(2), 1372, 
    1421 through 1430, 1432, 1442, 1443, 1472, 1510, 1522, 1652(e), 
    1655(c), 1657(f), and 49 U.S.C. 106(g).
    
        2. Section 1.1 is amended by adding a new definition to read as 
    follows:
    
    
    Sec. 1.1  General definitions.
    
    * * * * *
        Go-around power or thrust setting means the maximum allowable in-
    flight power or thrust setting identified in the performance data.
    * * * * *
    
    PART 25--AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY AIRPLANES
    
        3. The authority citation for part 25 continues to read as follows:
    
        Authority: 49 U.S.C. app. 1344, 1354(a), 1355, 1421, 1423, 1424, 
    1425, 1428, 1429, 1430; 49 U.S.C. 106(g); and 49 CFR 1.47(a).
    
        4. Section 25.119 is amended by revising paragraph (a) to read as 
    follows:
    
    
    Sec. 25.119  Landing climb: All-engines-operating.
    
    * * * * *
        (a) The engines at the power or thrust that is available eight 
    seconds after initiation of movement of the power or thrust controls 
    from the minimum flight idle to the go-around power or thrust setting; 
    and
    * * * * *
        5. Section 25.121 is amended by revising paragraph (d)(1) to read 
    as follows:
    
    
    Sec. 25.121  Climb: One-engine-inoperative.
    
    * * * * *
        (d) * * *
        (1) The critical engine inoperative, the remaining engines at the 
    go-around power or thrust setting;
    * * * * *
        6. Section 25.125 is amended by revising paragraph (a)(2) to read 
    as follows:
    
    
    Sec. 25.125  Landing.
    
    * * * * *
        (a) * * *
        (2) A stabilized approach, with a calibrated airspeed of not less 
    than 1.3 VS or VMCL, whichever is greater, must be maintained 
    down to the 50 foot height.
    * * * * *
        7. Section 25.143 is amended by revising paragraphs (c), (d), and 
    (e) and adding a new paragraph (f) to read as follows:
    
    
    Sec. 25.143  General.
    
    * * * * *
        (c) The following table prescribes, for conventional wheel type 
    controls, the maximum control forces permitted during the testing 
    required by paragraphs (a) and (b) of this section:
    
    ------------------------------------------------------------------------
       Force, in pounds, applied to the control                             
                wheel or rudder pedals              Pitch     Roll     Yaw  
    ------------------------------------------------------------------------
    For short term application for pitch and roll                           
     control--two hands available for control....       75       50  .......
    For short term application for pitch and roll                           
     control--one hand available for control.....       50       25  .......
    For short term application for yaw control...  .......  .......      150
    For long term application....................       10        5       20
    ------------------------------------------------------------------------
    
        (d) Approved operating procedures or conventional operating 
    practices must be followed when demonstrating compliance with the 
    control force limitations for short term application that are 
    prescribed in paragraph (c) of this section. The airplane must be in 
    trim, or as near to being in trim as practical, in the immediately 
    preceding steady flight condition. For the takeoff condition, the 
    airplane must be trimmed according to the approved operating 
    procedures.
        (e) When demonstrating compliance with the control force 
    limitations for long term application that are prescribed in paragraph 
    (c) of this section, the airplane must be in trim, or as near to being 
    in trim as practical.
        (f) When maneuvering at a constant airspeed or Mach number (up to 
    VFC/MFC), the stick forces and the gradient of the stick 
    force versus maneuvering load factor must lie within satisfactory 
    limits. The stick forces must not be so great as to make excessive 
    demands on the pilot's strength when maneuvering the airplane, and must 
    not be so low that the airplane can easily be overstressed 
    inadvertently. Changes of gradient that occur with changes of load 
    factor must not cause undue difficulty in maintaining control of the 
    airplane, and local gradients must not be so low as to result in a 
    danger of overcontrolling.
        8. Section 25.145 is amended by revising paragraphs (b) 
    introductory paragraph, (b)(3), (b)(4), and (c)(1) to read as follows:
    
    
    Sec. 25.145  Longitudinal control.
    
    * * * * *
        (b) With the landing gear extended, no change in trim control, or 
    exertion of more than 50 pounds control force (representative of the 
    maximum short term force that can be applied readily by one hand) may 
    be required for the following maneuvers:
    * * * * *
        (3) Repeat paragraph (b)(2), except at the go-around power or 
    thrust setting.
        (4) With power off, flaps retracted, and the airplane trimmed at 
    1.4 VSI, rapidly set go-around power or thrust while maintaining 
    the same airspeed.
    * * * * *
        (c) * * *
        (1) Simultaneous movement of the power or thrust controls to the 
    go-around power or thrust setting;
    * * * * *
        9. Section 25.149 is amended by revising paragraphs (f), (g) and 
    (h) to read as follows:
    
    
    Sec. 25.149  Minimum control speed.
    
    * * * * *
        (f) VMCL, the minimum control speed during approach and 
    landing with all engines operating, is the calibrated airspeed at 
    which, when the critical engine is suddenly made inoperative, it 
    [[Page 30750]] is possible to maintain control of the airplane with 
    that engine still inoperative, and maintain straight flight with an 
    angle of bank of not more than 5 degrees. VMCL must be established 
    with--
        (1) The airplane in the most critical configuration (or, at the 
    option of the applicant, each configuration) for approach and landing 
    with all engines operating;
        (2) The most unfavorable center of gravity;
        (3) The airplane trimmed for approach with all engines operating;
        (4) The most favorable weight, or, at the option of the applicant, 
    as a function of weight;
        (5) For propeller airplanes, the propeller of the inoperative 
    engine in the position it achieves without pilot action, assuming the 
    engine fails while at the power or thrust necessary to maintain a three 
    degree approach path angle; and
        (6) Go-around power or thrust setting on the operating engine(s).
        (g) For airplanes with three or more engines, VMCL-2, the 
    minimum control speed during approach and landing with one critical 
    engine inoperative, is the calibrated airspeed at which, when a second 
    critical engine is suddenly made inoperative, it is possible to 
    maintain control of the airplane with both engines still inoperative, 
    and maintain straight flight with an angle of bank of not more than 5 
    degrees. VMCL-2 must be established with--
        (1) The airplane in the most critical configuration (or, at the 
    option of the applicant, each configuration) for approach and landing 
    with one critical engine inoperative;
        (2) The most unfavorable center of gravity;
        (3) The airplane trimmed for approach with one critical engine 
    inoperative;
        (4) The most unfavorable weight, or, at the option of the 
    applicant, as a function of weight;
        (5) For propeller airplanes, the propeller of the more critical 
    inoperative engine in the position it achieves without pilot action, 
    assuming the engine fails while at the power or thrust necessary to 
    maintain a three degree approach path angle, and the propeller of the 
    other inoperative engine feathered;
        (6) The power or thrust on the operating engine(s) necessary to 
    maintain an approach path angle of three degrees when one critical 
    engine is inoperative; and
        (7) The power or thrust on the operating engine(s) rapidly changed, 
    immediately after the second critical engine is made inoperative, from 
    the power or thrust prescribed in paragraph (g)(6) of this section to--
    
        (i) Minimum power or thrust; and
    
        (ii) Go-around power or thrust setting.
    
        (h) In demonstrations of VMCL and VMCL-2--
    
        (1) The rudder force may not exceed 150 pounds;
    
        (2) The airplane may not exhibit hazardous flight characteristics 
    or require exceptional piloting skill, alertness, or strength;
    
        (3) Lateral control must be sufficient to roll the airplane, from 
    an initial condition of steady flight, through an angle of 20 degrees 
    in the direction necessary to initiate a turn away from the inoperative 
    engine(s), in not more than 5 seconds; and
    
        (4) For propeller airplanes, hazardous flight characteristics must 
    not be exhibited due to any propeller position achieved when the engine 
    fails or during any likely subsequent movements of the engine or 
    propeller controls.
    
        10. Section 25.201 is amended by revising paragraphs (b), (c), and 
    (d) to read as follows:
    
    Sec. 25.201  Stall demonstration.
    
    * * * * *
        (b) In each condition required by paragraph (a) of this section, it 
    must be possible to meet the applicable requirements of Sec. 25.203 
    with--
    
        (1) Flaps, landing gear, and deceleration devices in any likely 
    combination of positions approved for operation;
    
        (2) Representative weights within the range for which certification 
    is requested;
    
        (3) The most adverse center of gravity for recovery; and
    
        (4) The airplane trimmed for straight flight at the speed 
    prescribed in Sec. 25.103(b)(1).
    
        (c) The following procedures must be used to show compliance with 
    Sec. 25.203;
        (1) Starting at a speed sufficiently above the stalling speed to 
    ensure that a steady rate of speed reduction can be established, apply 
    the longitudinal control so that the speed reduction does not exceed 
    one knot per second until the airplane is stalled.
        (2) In addition, for turning flight stalls, apply the longitudinal 
    control to achieve airspeed deceleration rates up to 3 knots per 
    second.
        (3) As soon as the airplane is stalled, recover by normal recovery 
    techniques.
        (d) The airplane is considered stalled when the behavior of the 
    airplane gives the pilot a clear and distinctive indication of an 
    acceptable nature that the airplane is stalled. Acceptable indications 
    of a stall, occurring either individually or in combination, are--
        (1) A nose-down pitch that cannot be readily arrested;
        (2) Buffeting, of a magnitude and severity that is a strong and 
    effective deterrent to further speed reduction; or
        (3) The pitch control reaches the aft stop and no further increase 
    in pitch attitude occurs when the control is held full aft for a short 
    time before recovery is initiated.
        11. Section 25.203 is amended by revising paragraph (c) to read as 
    follows:
    
    
    Sec. 25.203  Stall characteristics.
    
    * * * * *
        (c) For turning flight stalls, the action of the airplane after the 
    stall may not be so violent or extreme as to make it difficult, with 
    normal piloting skill, to effect a prompt recovery and to regain 
    control of the airplane. The maximum bank angle that occurs during the 
    recovery may not exceed--
        (1) Approximately 60 degrees in the original direction of the turn, 
    or 30 degrees in the opposite direction, for deceleration rates up to 1 
    knot per second; and
        (2) Approximately 90 degrees in the original direction of the turn, 
    or 60 degrees in the opposite direction, for deceleration rates in 
    excess of 1 knot per second.
        12. Section 25.253 is amended by revising paragraph (b) to read as 
    follows:
    
    
    Sec. 25.253  High-speed characteristics.
    
    * * * * *
        (b) Maximum speed for stability characteristics, VFC/MFC. 
    VFC/MFC is the maximum speed at which the requirements of 
    Secs. 25.143(f), 25.147(e), 25.175(b)(1), 25.177, and 25.181 must be 
    met with flaps and landing gear retracted. It may not be less than a 
    speed midway between VMO/MMO and VDF/MDF, except 
    that for altitudes where Mach number is the limiting factor, MFC 
    need not exceed the Mach number at which effective speed warning 
    occurs.
    
        Issued in Washington, D.C. on June 2, 1995.
    David R. Hinson,
    Administrator.
    [FR Doc. 95-14171 Filed 6-8-95; 8:45 am]
    BILLING CODE 4910-13-M
    
    

Document Information

Effective Date:
7/10/1995
Published:
06/09/1995
Department:
Federal Aviation Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
95-14171
Dates:
July 10, 1995.
Pages:
30744-30750 (7 pages)
Docket Numbers:
Docket No. 27705, Amendment Nos. 1-40 and 25-84
RINs:
2120-AF25
PDF File:
95-14171.pdf
CFR: (17)
14 CFR 25.149(a)
14 CFR 25.103(b)(1)
14 CFR 25.201(c)(1)
14 CFR 25.201(c)(2)
14 CFR 25.201(c)(3)
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