[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Rules and Regulations]
[Pages 5171-5195]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2082]
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DEPARTMENT OF TRANSPORTATION
14 CFR Parts 1 and 23
[Docket No. 27807; Amendment Nos. 1-43, 23-50]
RIN 2120-AE61
Airworthiness Standards; Flight Rules Based on European Joint
Aviation Requirements
AGENCY: Federal Aviation Administration, DOT.
ACTION: Final rule.
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SUMMARY: This final rule amends the flight airworthiness standards for
normal, utility, acrobatic, and commuter category airplanes. This
amendment completes a portion of the Federal Aviation Administration
(FAA) and the European Joint Aviation Authorities (JAA) effort to
harmonize the Federal Aviation Regulations and the Joint Aviation
Requirements (JAR) for airplanes certification in these categories.
This amendment will provide nearly uniform flight airworthiness
standards for airplanes certificated in the United States under 14 CFR
part 23 and in the JAA countries under Joint Aviation Requirement 23,
simplifying international airworthiness approval.
EFFECTIVE DATE: March 11, 1996.
FOR FURTHER INFORMATION CONTACT:
Lowell Foster, ACE-111, Small Airplane Directorate, Aircraft
Certification Service, Federal Aviation Administration, 601 East 12th
Street, Kansas City, Missouri 64106; telephone (816) 426-5688.
SUPPLEMENTARY INFORMATION:
Background
This amendment is based on Notice of Proposed Rulemaking (NPRM) No.
94-22 (59 FR 37878, July 25, 1994). All comments received in response
to Notice 94-22 have been considered in adopting this amendment.
This amendment completes part of an effort to harmonize the
requirements of part 23 and JAR 23. The revisions to part 23 in this
amendment pertain to flight airworthiness standards. Three other final
rules are being issued in this Federal Register that pertain to
airworthiness standards for systems and equipment powerplant, and
airframe. These related rulemakings are also part of the harmonization
effort. Interested persons should receive all four final rules to
ensure that all revisions to part 23 are recognized.
The harmonization effort was initiated at a meeting in June 1990 of
the JAA Council (consisting of JAA members from European countries) and
[[Page 5172]]
the FAA, during which the FAA Administrator committed the FAA to
support the harmonization of the United States regulations with the JAR
that were being developed. In response to the commitment, the FAA Small
Airplane Directorate established an FAA Harmonization Task Force to
work with the JAR 23 Study Group to harmonize part 23 with the proposed
JAR 23. The General Aviation Manufacturers Association (GAMA) also
established a JAR 23/part 23 committee to provide technical assistance.
The FAA, JAA, GAMA, and the Association Europeanne des
Constructeurs de Material Aerospatial (AECMA), an organization of
European airframe manufacturers, met on several occasions in a
continuing harmonization effort.
Near the end of the effort to harmonize the normal, utility, and
aerobatic category airplane airworthiness standards, the JAA requested
and received recommendations from its member countries on proposed
airworthiness standards for commuter category airplanes. Subsequent JAA
and FAA meetings on this issue resulted in proposals that were
reflected in Notice No. 94-22 to revise portions of the part 23
commuter category airworthiness standards. Accordingly, this final rule
adopts the flight airworthiness standards for all part 23 airplanes.
In January 1991, the FAA established the Aviation Rulemaking
Advisory Committee (ARAC) (56 FR 2190, January 22, 1991). At an FAA/JAA
Harmonization Conference in Canada in June 1992, the FAA announced that
it would consolidate the harmonization effort within the ARAC
structure. The FAA assigned to ARAC the rulemakings related to JAR/part
23 harmonization, which ARAC assigned to the JAR/FAR 23 Harmonization
Working Group. The proposal for flight airworthiness standards
contained in Notice No. 94-22 were a result of both the working group's
efforts and the efforts at harmonization that occurred before the
formation of the working group.
The JAA submitted comments to the FAA on January 20, 1994, in
response to the four draft proposals for harmonization of the part 23
airworthiness standards. The JAA submitted comments again during the
comment period of the NPRM. At the April 26, 1995, ARAC JAR/FAR 23
Harmonization Working Group meeting, the JAA noted that many of the
comments in the January 20 letter had been satisfied or were no longer
relevant. The few remaining items concern issues that are considered
beyond the scope of this rulemaking and, therefore, will be dealt with
at future FAA/JAA Harmonization meetings.
Discussion of Comments
General
Interested persons were invited to participate in the development
of these final rules by submitting written data, views, or arguments to
the regulatory docket on or before November 21, 1994. Four commenters
responded to Notice No. 94-22. Minor technical and editorial changes
have been made to the proposed rules based on relevant comments
received, consultation with ARAC, and further review by the FAA.
Discussion of Amendments
Section 1.1 General Definitions
The FAA proposed to amend Sec. 1.1 to add a definition of ``maximum
speed for stability characteristics, VFC/MFC.'' This change
harmonizes part 1 and JAR 1. The definition is deleted from
Sec. 23.175(b)(2).
No comments were received on the proposal for this section, and it
is adopted as proposed.
Section 23.3 Airplane Categories
The FAA proposed to revise Sec. 23.3(b)(2) to add an outside limit
of 90 degrees in angle of bank for lazy eights, chandelles, and seep
turns.
The FAA proposed to revise Sec. 23.3(d) to remove chandelles and
lazy eights as approved operations in commuter category airplanes. The
FAA does not anticipate any operational need for such maneuvers.
The FAA proposed to revise Sec. 23.3(e) to prohibit type
certification of commuter category airplanes in any other category.
This rule change will not preclude the type certification of similar
airplanes with different model numbers, such as the present Cessna
models 500 and 501.
No comments were received on the proposals for this section, and
they are adopted as proposed.
Section 23.25 Weight Limits
The FAA proposed to revise Sec. 23.25(a) to clarify that the
maximum weight that must be selected is the least of the three choices
given in Sec. 23.25(a)(1). The FAA proposed to remove the commuter
category zero fuel weight requirement from current Sec. 23.25(a). The
requirement was proposed to be removed to Sec. 23.343 by the airframe
NPRM, Notice No. 94-20 (59 FR 35198, July 8, 1994). The FAA proposed to
remove the reference to standby power rocket engines in
Sec. 23.25(a)(1)(iii) and to remove appendix E because this is a rare
and obsolete design feature. If a manufacturer proposed to use this
approach, the FAA would issue special conditions to ensure adequate
airworthiness.
No comments were received on the proposals for this section, and
they are adopted as proposed.
Section 23.33 Propeller Speed and Pitch Limits
The FAA proposed to revise Sec. 23.33(b)(1) to remove the reference
to VY and to replace it with ``the all engine(s) operating climb
speed specified in Sec. 23.65,'' to be consistent with other changes in
performance requirements. The FAA proposed to revise Sec. 23.33(b)(2)
to use ``VNE'' in place of ``never exceed speed,'' since VNE
is defined in part 1, and to remove the word ``placarded,'' which is
unnecessary.
No comments were received on the proposals for this section, and
they are adopted as proposed.
Section 23.45 General
In Notice of Proposed Rulemaking, Small Airplane Airworthiness
Review Program Notice No. 4, Notice No. 90-18 (55 FR 26534, June 28,
1990), the FAA requested comments on the need for weight, altitude, and
temperature (WAT) criteria, as information or as a limitation on
piston-powered, twin-engine part 23 airplanes. The FAA also requested
comments about WAT criteria on turbine-powered twin-engine part 23
airplanes, specifically during takeoff and landing.
WAT criteria is used to determine the maximum weight an airplane
can have in relation to altitude and temperature for safe takeoff. This
criteria provides pilots with the information needed to determine if a
takeoff and climb can be successfully completed if one engine becomes
inoperative. WAT criteria has been required under part 23 for commuter
category airplanes, at all approved altitudes. A limited WAT criteria
has been required for turbine engine powered airplanes at 5,000 feet
and at standard temperature plus 40 deg.F, but not for higher altitudes
or temperatures. For multiengine powered airplanes, WAT data has been
provided by the manufacturer as information to pilots.
The FAA received three comments on mandating WAT criteria in part
23 and addressed these comments in detail in the preamble to Notice 94-
22.
Based on statistics and conclusions from an FAA 1991 study
(discussed in detail in Notice 94-22) and on comments, the FAA
determined that
[[Page 5173]]
WAT limits are necessary for safe operation of multiengine airplanes of
the type that will be involved in transporting passengers for hire.
The FAA proposed a complete revision of Sec. 23.45 to require
weight, altitude, and temperature (WAT) performance accountability for
normal, utility, and acrobatic airplanes with a maximum takeoff weight
over 6,000 pounds and all turbine-powered airplanes.
No comments were received on the proposal for this section, and it
is adopted as proposed.
Section 23.49 Stalling Speed
The FAA proposed to revise Sec. 23.49 by reorganizing and editing
it for clarification. The FAA's proposed clarification merges, in
paragraph (a), the VSO and VS1 requirements, which were
separated with parallel configuration items under paragraphs (a) and
(d).
Other proposed changes to paragraph (a) are as follows:
(1) Proposed paragraph (a)(4) is a requirement that the airplane be
in the condition existing in the test, in which VSO and VS1
are being used.
(2) Proposed paragraph (a)(5) is a revised version of current
paragraph (a)(6). The current requirement states that the center of
gravity must be in the most unfavorable position within the allowable
landing range. The proposed requirement would state that the center of
gravity must be in the position that results in the highest value of
VSO and VS1.
(3) Current paragraph (a)(5) is moved to Sec. 23.45(c).
These changes are clarifying and are not an increase in
requirements. The only comment received was from JAA, noting the
existing disharmony between the JAR and the FAR concerning a VSO
more than 61 knots for single-engine airplanes and multiengine
airplanes of 6,000 pounds maximum weight or less than do not meet the
required minimum rate of climb.
The proposal is adopted as proposed.
Section 23.51 Takeoff Speeds
The FAA proposed to change the paragraph heading from ``Takeoff''
to ``Takeoff speeds'' and to incorporate the takeoff speed requirements
currently contained in Sec. 23.53. This revision to the heading and the
reorganization of takeoff requirements is proposed for harmony with JAR
23.
The FAA proposed to move current Sec. 23.51(a) to Sec. 23.53(a).
Current paragraph (a) requires that the distance required to take off
and climb over a 50-foot obstacle must be determined with the engines
operating within approved operating limitations and with cowl flaps in
the normal takeoff position. These requirements for power and cowl
flaps are now covered in final Sec. 23.45, paragraphs (c) and (d), and
in Sec. 23.1587.
The FAA proposed to remove current Sec. 23.51(b) on measuring
seaplane and amphibian takeoff distances. It is a statement of an
acceptable method of compliance, and there is no need to address a
separate seaplane starting point.
The FAA proposed to remove current Sec. 23.51(c) concerning pilot
skills and conditions. It is covered under the general requirements in
proposed Sec. 23.45(f).
The FAA proposed to remove current Sec. 23.51(d). The requirements
are covered under Sec. 23.45 in commuter category performance and other
performance requirements, and the information requirements are covered
under Sec. 23.1587.
For multiengine normal, utility, and acrobatic category airplanes,
the FAA proposed to transfer the determination of VR from
Sec. 23.53(a) to Sec. 23.51(a) with minor changes in the specified
rotation speed. For multiengine airplanes in proposed paragraph (a)(1),
the margin between rotation speed and VMC or a margin of 1.10
VS1 is established between VR and stall.
The FAA proposed to define VR, in proposed paragraph (a), as
the speed at which the pilot makes a control input with the intention
of lifting the airplane out of contact with the runway or water
surface. This definition would apply to tail wheel and tricycle gear
airplanes, seaplanes, and single-engine airplanes.
The FAA also proposed to include rotation speeds for single-engine
airplanes, seaplanes, and amphibians in paragraph (a). This extends
VR applicability to all part 23 airplanes to establish a safe and
standardized procedure that can be used by pilots to achieve AFM
takeoff performance. This use of rotation speed is consistent with part
25.
In proposed paragraph (b), the speed at 50 feet is based on current
Sec. 23.53(b) with no change in requirements.
For commuter category airplanes, the FAA proposed to move the
takeoff speed requirements from Sec. 23.53(c) to proposed Sec. 23.51(c)
with editorial changes. The option is added, in proposed (c)(1)(i), for
an applicant to determine a VMCG and to establish a V1 based
on VMCG rather than a margin above VMCA.
The only comment on this section was a non-substantive one, in
which FAA concurred.
The proposal is adopted as proposed.
Section 23.53 Takeoff Performance
The FAA proposed a new heading for Sec. 23.53 and a content based
primarily on the general takeoff performance requirement of the current
Sec. 23.51.
The FAA proposed to remove the takeoff speed requirements from
current Sec. 23.53 and to place them in Sec. 23.51. (See discussion for
Sec. 23.51.) Section 23.53 provides general takeoff performance
requirements for normal, utility, acrobatic, and commuter category
airplanes. Proposed paragraph (a) is based on current Sec. 23.51(a).
Proposed paragraph (b) is a modification of current Sec. 23.1587(a)(5).
Proposed paragraph (c) is based on current Sec. 23.51(d).
No comments were received on the proposals for this section, and
they are adopted as proposed.
Section 23.55 Accelerate-Stop Distance
The FAA proposed to revise Sec. 23.55 to clarify the accelerate-
stop segments and to make editorial changes.
The proposed requirement divides the accelerate-stop maneuver into
three segments, rest to VEF (paragraph (a)(1)), VEF to
V1 (paragraph (a)(2)), and V1 to rest (paragraph (a)(3)). The
FAA proposed to remove the following four phrases: First, remove the
phrase ``in the case of engine failure,'' from current Sec. 23.55(a)(2)
because it is included in paragraph (a)(2). Second, remove the phrase
``assuming that * * * the pilot has decided to stop as indicated by
application of the first retarding means at the speed V1,'' from
Sec. 23.55(a)(2) because it is stated in Sec. 23.51(c)(1)(ii). Third,
remove the phrase ``exceptional skill'' from Sec. 23.55(b)(3) because
it remains in Sec. 23.45(h)(5)(i). Fourth, remove the phrase ``if that
means is available with the critical engine inoperative'' from
Sec. 23.55(b) because it is covered by the safe and reliable
requirements of Sec. 23.55(b)(1).
No comments were received on the proposals for this section, and
they are adopted as proposed.
Section 23.57 Takeoff Path
The FAA proposed to revise Sec. 23.57 to clarify and to specify the
takeoff path segments that must be determined in flight. Proposed
paragraph (a) clarifies that the transition to the enroute
configuration should be completed on or before reaching 1500 feet above
the takeoff surface. Section 23.57(c)(1) requires the slope of the
airborne part of the takeoff path to be ``positive at each point'';
proposed paragraph (c)(1) is revised to ``not negative at any point,''
to allow acceleration in level flight,
[[Page 5174]]
which is implied by current Sec. 23.61(c). Proposed Sec. 23.57(c)(3)
specifies that the climb gradient ``must not be less than * * *,'' as
opposed to ``may not be less than * * *.'' The option, in current
Sec. 23.57(d), to determine the takeoff path either by continuous
demonstration or by synthesis from segments, does not reflect current
practice. The best method to determine the takeoff path from rest to 35
feet above the takeoff surface is by a continuous demonstration. The
most practical method to determine the takeoff path from 35 feet to
1500 feet above the takeoff surface is by synthesis from segments.
Accordingly, Sec. 23.57, paragraphs (d) and (e), incorporates these
changes.
No comments were received on the proposals for this section, and
they are adopted as proposed.
Section 23.59 Takeoff Distance and Takeoff Run
The FAA proposed to clarify Sec. 23.59 with no substantial change
in requirements. A change to the opening text is proposed to clarify
that the determination of takeoff run is the applicant's option since
the applicant may choose not to present clearway data. In current
Sec. 23.59 (a)(2) and (b)(2), the reference to ``along the takeoff
path,'' in a takeoff with all engines operating, is proposed to be
removed since takeoff path is a one-engine-inoperative condition.
Additionally, the FAA proposed to replace the reference to VLOF
with the words ``liftoff point'' to clarify that the requirements
specify a point and related distance, not a speed.
No comments were received on the proposals for this section, and
they are adopted as proposed.
Section 23.63 Climbs: General
The FAA proposed a new Sec. 23.63 to assemble general climb
requirements from current Secs. 23.65 and 23.67 into a single section
and to differentiate between WAT limited airplanes and those airplanes
that are not WAT limited. (See discussion under Sec. 23.45.) As
proposed, new Sec. 23.63(a)(1) requires that compliance be shown out of
ground effect. This requirement is in current Sec. 23.67(e), which
applies to commuter category airplanes. New Sec. 23.63(a)(3) requires
that compliance must be shown, unless otherwise specified, with one
engine inoperative, at a bank angle not exceeding 5 degrees. This
requirement is in current Sec. 23.149 and has been applied generally to
part 23 airplanes except commuter category airplanes in certain
circumstances.
No comments were received on the proposals for this section, and
they are adopted as proposed.
Section 23.65 Climb: All Engines Operating
The FAA proposed to change the applicability of Sec. 23.65(a) from
``each airplane,'' as adopted in Amendment No. 23-45 (58 FR 42136,
August 6, 1993), to ``each normal, utility, and acrobatic category
reciprocating engine-powered airplane of 6,000 pounds or less maximum
weight.'' The FAA also proposed to change the phrase ``angle of climb''
to ``climb gradient'' and to establish the climb gradient at 8.3
percent for landplanes and 6.7 percent for seaplanes and amphibians
with certain specified performance conditions.
In paragraph (a)(4), the FAA proposed to establish a minimum climb
speed for multiengine airplanes of not less than the greater of 1.1
VMC and 1.2 VS1, which provides a margin above VMC.
The FAA proposed to move cowl flap requirements, in current
paragraph (a)(5), to proposed Sec. 23.45(c).
The FAA proposed to remove Sec. 23.65(b) since these requirements
should have been removed in Amendment No. 23-45 (58 FR 42136, August 6,
1993). Since the adoption of Amendment No. 23-45, there is no longer a
rate of climb requirement in Sec. 23.65(a).
The FAA proposed to add WAT limits to Sec. 23.65(b), for
reciprocating engine-powered airplanes of more than 6,000 pounds
maximum weight and turbine engine-powered airplanes. (See Sec. 23.45
discussion.)
The FAA proposed to move Sec. 23.65(c) to Sec. 23.65(b) and to
remove the temperature and altitude requirements since WAT limits are
required for turbine engine-powered airplanes and the four percent
gradient applies at any approved takeoff ambient condition. In
Sec. 23.65(b)(2), the FAA proposed to require the landing gear be down
for the test unless the gear can be retracted in not more than seven
seconds. This is more stringent than the present requirement, but the
same as the proposed one-engine-inoperative takeoff climb requirements,
and is considered appropriate to this weight and class of airplane with
WAT limits.
The FAA proposed to remove Sec. 23.65(d) since the requirements are
covered in amended Sec. 23.45(h)(2) and in current Sec. 23.21.
No comments were received on the proposals for this section, and
they are adopted as proposed.
Section 23.66 Takeoff Climb; One-Engine Inoperative
The FAA proposed a new Sec. 23.66 to require the determination of
the one-engine-inoperative climb capability of all WAT limited
reciprocating engine-powered and turbine engine-powered airplanes
immediately after takeoff. Since most reciprocating engine-powered
airplanes do not have autofeather, the condition immediately after
takeoff can be critical. There is not a minimum climb requirement in
this configuration, only the determination of the climb or decent
gradient. This information is provided to the pilot in the AFM (see
Sec. 23.1587) to allow the pilot to make informed judgments before
takeoff.
No comments were received on the proposal for this section, and it
is adopted as proposed.
Section 23.67 Climb: One Engine Inoperative
The FAA proposed to reorganize Sec. 23.67 for harmonization with
the JAR; to require WAT limits for some airplanes; to require wings
level climb up to 400 feet for commuter category airplanes; and to make
minor changes in airplane configuration requirements.
Revised Sec. 23.67(a) specifies the climb requirements for non-WAT
airplanes with no change in requirements for those airplanes.
Revised Sec. 23.67(b) specifies climb requirements for WAT
airplanes. WAT criteria are applied for both reciprocating engine-
powered airplanes of more than 6,000 pounds maximum weight and turbine
engine-powered airplanes. (See the discussion under Sec. 23.45.)
Turbine engine-powered airplanes have been subject to limited WAT
limitations under Sec. 23.67(c), which the FAA proposed to incorporate
into Sec. 23.67(b).
The FAA proposed to change the takeoff flap position for normal,
utility, and acrobatic category reciprocating engine-powered airplanes
of 6,000 pounds or less to ``wing flaps retracted'' from ``most
favorable position'' (Sec. 23.67(a)(4)). Wing flaps retracted is the
position most used in certification and in service for this size of
airplane (see new Sec. 23.67 (a)(1)(iv) and (a)(2)(iv)).
The FAA proposed to remove Sec. 23.67(d) since all climb speeds
(both all-engine and one engine inoperative) are scheduled and the
determination of VY is no longer required.
The FAA proposed to redesignate Sec. 23.67(e) for commuter category
airplanes as Sec. 23.67(c) with no change in requirements except that
the takeoff climb with landing gear extended must be conducted with the
landing gear doors open. This is a conservative approach offered by the
JAA to specify a definite gear door configuration and to remove the
requirement to determine
[[Page 5175]]
performance during the transient condition of gear doors opening and
closing. The FAA proposed to specify, in Sec. 23.67(c)(1), that the
first segment climb must be conducted with the wings level and to
further specify that the climb speed for the segment must be V2
instead of the requirement for a range of speeds from VLOF and
whatever the applicant selects at gear retraction. Also, the FAA
proposed, in Sec. 23.67(c)(2), to require conducting the second segment
climb with wings level, which is appropriate for operational scenarios.
The FAA proposed to revise Sec. 23.67 by removing paragraph (e)(1)
and by moving the requirements to Sec. 23.67(c) and Sec. 23.63 (a)(1)
and (d).
In proposed Sec. 23.67(c)(3), enroute climb, the FAA added a
minimum climb speed to ensure an adequate margin above stall speed.
The FAA proposed to redesignate Sec. 23.67(e)(3) as
Sec. 23.67(c)(4) and to remove the paragraph heading ``Approach'' and
add ``Discontinued approach'' in its place. The FAA proposed to
clarify, in new Sec. 23.67(c)(4), that the climb gradients must be met
at an altitude of 400 feet above the landing surface.
No comments were received on the proposals for this section, and
they are adopted as proposed.
Section 23.69 Enroute Climb/Descent
The FAA proposed a new Sec. 23.69 to require the determination of
all engine and one-engine-inoperative climb/descent rates and gradients
in the enroute configuration under all operational WAT conditions. This
information is necessary for enroute flight planning and dispatch.
Climb speeds are specified to provide a margin above VS1.
No comments were received on the proposal for this section, and it
is adopted as proposed.
Section 23.71 Glide: Single-Engine Airplanes
The FAA proposed a new Sec. 23.71 to require the determination of
glide distance and speed for single-engine airplanes. The information
is necessary for flight planning and to provide the pilot with
information from which to make informed decisions.
No comments were received on the proposal for this section, and it
is adopted as proposed.
Section 23.73 Reference Landing Approach Speed
The FAA proposed a new Sec. 23.73 to define the reference landing
approach speeds, VREF. Establishing a definition for these speeds
simplifies the use of VREF in other portions of the rule. The
VREF speeds for the various category airplanes are established as
not less than 1.3 VS0. Also, the established speeds consider the
appropriate relationship to VMC determined under Sec. 23.149.
No comments were received on the proposal for this section, and it
is adopted as proposed.
Section 23.75 Landing Distance
The FAA proposed to revise the heading, reorganize Sec. 23.75 for
harmonization with the JAR, add the landing reference speed, VREF,
and move the portion on brake pressure to Sec. 23.735, Brakes.
The FAA proposed to remove the reference to the AFM from the
introductory paragraph. Part 23, subpart B, is generally used to
specify flight test requirements, and part 23, subpart G, is generally
used to specify the AFM requirements. The FAA also proposed to revise
the introductory paragraph to require landing distances to be
determined at standard temperature for each weight and altitude.
Service experience has shown that landing distances are not sensitive
to temperatures. The use of standard temperature is consistent with WAT
requirements. The FAA proposed to remove from the introductory
paragraph the reference to ``approximately 3 knots'' for seaplanes and
amphibians because this information is considered advisory material on
acceptable methods of compliance.
The FAA proposed to revise Sec. 23.75(a) to add VREF and to
require its use. (See Sec. 23.73.)
The FAA proposed to remove Sec. 23.75(b) because Sec. 23.45
specifies these general requirements. New Sec. 23.75(b) clarifies that
a constant configuration must be maintained throughout the maneuver.
The FAA proposed to revise Sec. 23.75(d) by adding the requirement
to specify the weight that must be considered for the transition to the
balked landing conditions. This requirement reflects current industry
practice.
The FAA proposed new Sec. 23.75(e) as a general requirement to
ensure the reliability of the brakes and tires.
The FAA proposed to revise Sec. 23.75(f) to remove the first use of
the word ``means'' and to add the phrase ``retardation means'' in its
place, and to remove paragraph (f)(3). Paragraph (f)(3) required that
no more than average skill shall be required to control the airplane.
This topic is covered in Sec. 23.45(f).
The FAA proposed to remove Sec. 23.75(h) because the introductory
paragraph of Sec. 23.75 contains commuter category requirements and
Sec. 23.1587 requires landing distance correction factors.
No comments were received on the proposals for this section, and
they are adopted as proposed.
Section 23.77 Balked Landing
The FAA proposed to revise this section to include additional WAT
requirements and to make editorial changes.
The proposed revisions to Sec. 23.77 (a) and (b) differentiate
between WAT and non-WAT. (See Sec. 23.45.) Section 23.77(a)(4) adds a
new climb speed requirement to ensure that acceleration is not
necessary during the transition from landing to balked landing. The
climb gradient of Sec. 23.77(b) was selected to be slightly less than
the non-WAT airplane sea level requirement in exchange for a balked
landing climb capability at all altitudes and temperatures.
The commuter category climb gradient of 3.3 percent specified in
Sec. 23.77(c) changes to 3.2 percent for consistency with part 25.
Additional editorial changes and deletions are made in Sec. 23.77(c)
because the general requirements are covered in final Sec. 23.45.
No comments were received on the proposals for this section, and
they are adopted as proposed.
Section 23.143 General
The FAA proposed to revise Sec. 23.143(a) to add the phrase
``during all flight phases'' to the introductory paragraph and to add
``Go-around'' to the list of flight phases.
The JAA and FAA decided, during FAA/JAA Harmonization meetings,
that the term ``go-around'' included the all engine balked landings of
Sec. 23.77, various all engine and one-engine-inoperative aborted
landings specified in the AFM, and the commuter category discontinued
approach of Sec. 23.67(c)(4). Balked landing refers only to the all
engine balked landing of Sec. 23.77.
The FAA proposed to revise the two-hand roll force in the table of
paragraph (c) from 60 to 50 pounds, to be consistent with JAR 25. The
FAA also proposed to revise the table to show a one-hand on the rim
roll force of 25 pounds. This is an FAA/JAA harmonized value.
Comment: Raytheon Aircraft Company comments that the control force
limits table is specifically tied to the flight phases of paragraph (a)
and that this ``could be interpreted as providing an upper limit of
maneuvering force (stick force per g) such that all normal operational
[[Page 5176]]
maneuvers would have to be performed within a pitch force limit of 75
lbs (wheel, two hands), for unspecified normal acceleration limits.''
Raytheon states that this has not been previous policy and could
become a costly requirement for larger part 23 aircraft with large cg
ranges, ``if substantial normal acceleration excursions are considered
`normal' maneuvering.'' Raytheon recommends ``that either the normal
acceleration excursions be defined for normal, utility, acrobatic, and
commuter categories or the explicit tie to the flight phases in this
rule be deleted.''
FAA Response: Raytheon's concern is whether ``normal acceleration
excursions are considered `normal' maneuvering.'' They are not.
Section 23.143 has historically been titled ``General'' and has
always been considered broad enough to cover controllability and
maneuverability in general. The inclusion of ``all flight phases'' is
considered clarifying, and Raytheon's concern that the concept of
normal being expanded is unwarranted. Adopting this proposal would not
change current certification practice.
The proposals are adopted as proposed.
Section 23.145 Longitudinal Control
The FAA proposed to revise Sec. 23.145 to change the speed ranges
applicable to the takeoff, enroute, and landing configurations.
Editorial changes were also proposed for the introductory text of
paragraph (b) with no substantive change.
The FAA proposed in paragraph (b)(2) to change the requirement from
``attaining and maintaining, as a minimum, the speed used to show
compliance with Sec. 23.77'' to ``allow the airspeed to transition from
1.3 VS0 to 1.3 VS1.''
The FAA also proposed to redesignate paragraphs (b)(2) (i) and (ii)
as (b)(2) and (b)(3), respectively, and in paragraph (b)(3) to add more
specific requirements if gated flap positions are used.
The FAA proposed to change the speed reference from 1.4 VS0 to
VREF for landing configuration in paragraph (b)(5). The FAA also
proposed in paragraph (b)(5) to allow a two-handed control force since
use of two hands is considered appropriate for a power off condition
because the pilot does not need to change power settings.
Proposed paragraph (b)(6) is the same as former paragraph (b)(3).
In paragraph (c), the FAA proposed to change the speed range for
maneuvering capability from ``above VMO/MMO and up to
VD/MD'' to ``above VMO/MMO and up to the maximum
speed shown under Sec. 23.251.'' This change is considered necessary
because a range of speeds can be chosen as VD/MD, and
reference to Sec. 23.251 ensures a flight demonstrated speed instead of
a design speed.
The FAA proposed in paragraph (d) to change the speed that must be
maintained for power-off glide from 1.3 VS0 to VREF.
No comments were received on the proposals for this section, and
they are adopted as proposed.
Section 23.147 Directional and Lateral Control
The FAA proposed to make minor revisions to Sec. 23.147(a) and to
add two new requirements in proposed paragraphs (b) and (c). The flaps
retracted configuration for Sec. 23.147(a)(4) are consistent with
proposed Sec. 23.67.
In proposed Sec. 23.147(b), the FAA proposed to add requirements
for multiengine airplanes that, during an enroute climb, when an engine
fails the airplane maintains a minimum standard of controllability
after allowing for a pilot action delay of two seconds. This proposed
change tests for a likely operational scenario and is intended to
ensure satisfactory controllability.
In Sec. 23.147(c), the FAA proposed to test for the failure or
disconnection of the primary lateral control. This paragraph requires
that the airplane exhibit adequate dihedral effect throughout the
airplane's operational envelope to ensure continued safe flight and
landings if a lateral control disconnects. In addition, this
requirement complements the relaxed requirements of proposed
Sec. 23.177(b) (see proposal for Sec. 23.177).
Comment: Raytheon comments that there is no basis provided for the
new rules proposed in Sec. 23.147 (b) and (c). Raytheon states that the
``two second delay and the 45 degree bank appear to be arbitrary
choices'' and that there ``is no comparable FAR requirement.''
FAA Response: The values of 2 seconds and 45 degrees in proposed
paragraph (b) were determined from Sec. 23.367, ``Unsymmetrical loads
due to engine failure,'' which contains a 2 second delay for pilot
corrective action. Historically, the 2 second delay and the 45 degree
bank angle correlate to a similar requirement used for years by the
United Kingdom CAA.
Proposed paragraph (c), failure of the lateral control, is part of
a reduction in the overall lateral stability requirements. In Amendment
23-45, the FAA reduced the power requirements for Sec. 23.177(a) in the
landing configuration from 75 percent maximum continuous power to the
power required to maintain a three degree angle of descent. The
Sec. 23.177 requirement essentially demonstrated that the airplane had
the wing dihedral effect and rudder control power to raise a low
(banked) wing using rudder only. Prior to this amendment, many
manufacturers had to install an aileron/rudder interconnect to meet
this requirement because of the high power setting. An aileron/rudder
interconnect is a mechanism that ties the two controls together such
that when one control surface deflects, the other will also deflect. In
the case of Sec. 23.177, the pilot uses the rudder, which also deflects
the aileron and raises the wing to level. The underlying intent of this
rule is to demonstrate that the airplane is controllable after an
aileron control failure, similar to the elevator control failure
demonstration currently in the requirements. This change, in
conjunction with Amendment 23-45, will allow manufacturers to eliminate
the need for the aileron/rudder interconnect.
The proposals are adopted as proposed.
Section 23.149 Minimum Control Speed
The FAA proposed to clarify Sec. 23.149, to add a VMC in the
landing configuration, and to provide the procedure for determining a
ground VMC.
The FAA proposed to clarify Sec. 23.149(a), with no requirement
change. The FAA also proposed to clarify Sec. 23.149(b) and to remove
the reference to lesser weights in paragraph (b)(4) because the range
of weights is covered in Sec. 23.21.
The FAA proposed to revise Sec. 23.149(c) to specify the
requirements for a VMC in the landing configuration for all WAT
airplanes. This requirement is necessary for WAT airplanes to provide a
VREF margin above the VMC determined in the landing
configuration. (See proposal for Sec. 23.73.)
The FAA proposed a new Sec. 23.149(f) to contain requirements to
determine a VMCG for commuter category airplanes that could, at
the option of the applicant, be used to comply with Sec. 23.51. (See
Sec. 23.51.)
The only comment came from the JAA, which addressed a known
disharmony, VSSE, from a previous rule change.
The proposals are adopted as proposed.
Section 23.153 Control During Landings
The FAA proposed to revise Sec. 23.153 to reference landing speeds
to VREF and to reorganize the section.
[[Page 5177]]
No comments were received on the proposal for this section, and it
is adopted as proposed.
Section 23.155 Elevator Control Forces in Maneuvers
The FAA proposed to revise Sec. 23.155 to make changes to the power
requirements and gradient of the stick force curve.
The FAA proposed to revise Sec. 23.155(b) to specify the maximum
continuous power for the test required by this section instead of
allowing a power selected by the applicant as an operating limitation.
This revision eliminates an unnecessary power specification and
simplifies normal operations for the pilot.
The FAA proposed to revise Sec. 23.155(c) to address stick force
gradient to ensure that stick force lightening is not excessive. As
stated in the preamble to Notice 94-22, the FAA will issue advisory
material on acceptable methods of compliance.
Comment: Raytheon states that proposed paragraph (c) adds a new
requirement that there must not be an ``excessive decrease'' in the
gradient of the stick force per g with increasing load factor.
Raytheon's concern is that this is a very loosely defined requirement
and that the allowable decrease in maneuvering stability may be a
function of aircraft size and mission.
FAA Response: The FAA agrees that every airplane is different and
that, therefore, each must be considered separately. The FAA does not
agree that paragraph (c) is loosely defined. For many of the flight
requirements, including ``excessive decrease,'' the FAA must evaluate
the individual airplanes to determine if the handling qualities are
safe.
This proposal are adopted as proposed.
Section 23.157 Rate of Roll
The FAA proposed to revise Sec. 23.157(d) power and trim
requirements and to clarify the flap position. In Sec. 23.157(d)(1),
the FAA proposed to clarify that the flaps should be in the landing
position and Sec. 23.157(d)(3) makes the power consistent with the
approach configuration, which is the configuration being tested. The
FAA proposed in Sec. 23.157(d)(4) to relate the trim speed to
VREF. (See amendment for Sec. 23.73.)
No comments were received on the proposals for this section, and
they are adopted as proposed.
Section 23.161 Trim
The FAA proposed to revise Sec. 23.161 power, configurations, and
speeds.
The FAA proposed to revise Sec. 23.161(a) to state the safety
principles underlying the trim requirements and to provide a regulatory
requirement for considering conditions that might be encountered
outside the requirements addressed in paragraphs (b) through (d).
The FAA proposed to revise Sec. 23.161(b)(1) to add a requirement
to trim at MMO in addition to VMO to clarify that the
airplane must trim in the Mach limited speed range.
The FAA proposed to revise Sec. 23.161(b)(2) to require lateral and
directional trim over a range of 1.4 VS1 to VH or VMO/
MMO for commuter category airplanes instead of only the high speed
requirement in the present rules.
The FAA proposed, in the introductory paragraph of Sec. 23.161(c),
to remove the reference to VMO/MMO because it is covered in
the applicable individual sections. In Sec. 23.161(c)(1), the FAA
proposed to require trim at takeoff power, as this is a likely
operational scenario for most airplanes and the condition should be
tested. In addition, the change relates the maximum continuous power
climb speeds and configuration to Sec. 23.69, the enroute climb
requirement. The FAA proposed to redesignate Sec. 23.161(c)(2) as
Sec. 23.161(c)(4), to change the reference VREF for a landing
speed, and to add a requirement for the airplane to trim at the
steepest landing approach gradient the applicant chooses under
Sec. 23.75. The FAA proposed to redesignate Sec. 23.161(c)(3) as
Sec. 23.161(c)(2) with editorial changes and to redesignate
Sec. 23.161(c)(4) as Sec. 23.161(c)(3) with an increase in the trim
speed from 0.9 VNO or VMO to VNO or VMO/MMO.
The increase in trim speed is appropriate because descent is permitted
and is common at VMO.
In Sec. 23.161(d), the FAA proposed to make editorial changes in
the introductory paragraph, to reference the appropriate Sec. 23.67
requirements, and to remove commuter category speed ranges, which are
moved to the new Sec. 23.161(e). The FAA proposed to revise
Sec. 23.161(d)(4) to specify flaps retracted instead of referencing the
Sec. 23.67 configurations. Flaps retracted is the likely sustained
configuration where a pilot would need to trim. Also, the flaps
retracted configuration for Sec. 23.161(d)(4) is consistent with
Sec. 23.67.
The FAA proposed a new Sec. 23.161(e) to ensure that excessive
forces are not encountered in commuter category airplanes during
extended climbs at V2 in the takeoff configuration, when climb
above 400 feet is required.
No comments were received on the proposals for this section, and
they are adopted as proposed.
Section 23.175 Demonstration of Static Longitudinal Stability
The FAA proposed to revise Sec. 23.175(a)(1) to change the flap
position from the climb position to the flaps retracted position. This
is a clarifying change since virtually all part 23 airplanes use the
flaps retracted position for climb. Also, this change aligns the part
23 and part 25 climb static longitudinal stability requirements.
The FAA proposed, in Sec. 23.175(a)(3), to remove the option for
the applicant to select some power other than maximum continuous power
as an operating limitation. As noted in the discussion of Sec. 23.155,
this eliminates a power specification that is unnecessary and
simplifies normal operations for the pilot. In Sec. 23.175(a)(4), the
FAA proposed to make the trim speed consistent with the enroute all-
engine climb speed.
The FAA proposed in Sec. 23.175(b) to rearrange the paragraph with
no change in requirements. The definition of VFC/MMC
contained in Sec. 23.175(b)(2) is moved to part 1, to harmonize with
JAR 1. (See the change to Sec. 1.1.)
The FAA proposed to remove Sec. 23.175(c). The test for gear down
cruise static longitudinal stability required under paragraph (c) is
considered superfluous to the landing configuration static longitudinal
stability test and does not represent a likely operating scenario.
The FAA proposed to redesignate Sec. 23.175(d) as Sec. 23.175(c)
with a change to VREF as the trim speed.
No comments were received on the proposals for this section, and
they are adopted as proposed.
Section 23.177 Static Directional and Lateral Stability
The FAA proposed to revise Sec. 23.177 to remove the requirements
for two-control airplanes, to make minor clarifying changes, and to
specify an exclusion for acrobatic category airplanes.
The FAA proposed in Sec. 23.177 to remove the introductory phrase
concerning three-control airplanes, which is consistent with the
removal of the requirements for two-control airplanes in paragraph (b).
The two-control airplane regulations were introduced in 1945 but no
two-control airplanes have been certificated for several decades and no
need is foreseen for these regulations. If an applicant
[[Page 5178]]
proposes a two-control airplane, the FAA would issue special
conditions.
The FAA proposed that, after removing the introductory portion of
Sec. 23.177(a), paragraph (a)(1) would be redesignated as (a). In the
first sentence, ``skid'' is replaced with ``wings level sideslip'' to
clarify the intended maneuver. Also, this change increases the power
requirement for demonstration of directional stability in the landing
configuration. The requirement specifies power necessary to maintain a
three degree angle of descent. Maximum continuous power is considered
appropriate since directional stability should be maintained during a
balked landing, particularly since directional instability is an
undesirable characteristic at any point in the flight envelope. Also,
the FAA proposed to replace VA with VO to be consistent with
Sec. 23.1507.
The FAA proposed, in Sec. 23.177(b), to replace ``any'' with
``all'' in the first sentence to clarify that all landing gear and flap
positions must be addressed. Also, the FAA proposed that the paragraph
specify a minimum speed at which static lateral stability may not be
negative, as 1.3 VS, for all configurations except takeoff. This
is consistent with the other speeds specified in Sec. 23.177(b) and
relieves the requirement for other than takeoff speeds.
The FAA proposed new Sec. 23.177(c) to provide an exclusion for the
dihedral effect for acrobatic category airplanes approved for inverted
flight. This change recognizes that, in full acrobatic airplanes, the
dihedral effect is not a desired characteristic
The addition of Sec. 23.147(c), which ensures lateral control
capability without the use of the primary lateral control system,
compensates for the relieving nature of proposed Sec. 23.177(b) and the
exception from the requirements of Sec. 23.177(b) for acrobatic
category airplanes.
The FAA proposes to redesignate Sec. 23.177(a)(3) as Sec. 23.177(d)
and to remove the next to the last sentence of Sec. 23.177(d),
concerning bank angle and heading. The requirement is not a necessary
test condition and a constant heading during the sideslip may be
impossible in some airplanes.
Comment: Raytheon commented on the requirements for stability in
steady heading slips, which were changed in a previous amendment
(Amendment 23-21; 43 FR 2318; January 16, 1978), and recommended
clarifying language.
FAA Response: As Raytheon noted, the rule language they believe
needs clarification was not addressed in Notice 94-22, and, therefore,
is beyond the scope of this rulemaking.
The proposals are adopted as proposed.
Section 23.201 Wings Level Stall
The FAA proposed to remove the two-control airplane requirements,
altitude loss requirements, and to make clarifying changes in
Sec. 23.201.
The FAA proposed to revise Sec. 23.201(a) to remove the
applicability reference for an airplane with independently controlled
roll and directional controls and to replace the last word ``pitches''
with ``stalls'' since stalls may be defined by other than nose-down
pitching.
The FAA proposed to remove Sec. 23.201(b) since it applies to two-
control airplanes. (See Sec. 23.177 for discussion of two-control
airplane requirements.)
The FAA proposed to divide Sec. 23.201(c) into Sec. 23.201(b),
stall recognition, and Sec. 23.201(c), stall recovery. The FAA
proposed, in Sec. 23.201(b), to clarify that the test should start from
a speed at least 10 knots above the stall speed, with no change in
requirements. The FAA proposed to add Sec. 23.201(c) to specify how
long the control must be held against the stop. This change ensures
that the procedure for determining stall speed is the same procedure
used to test stall characteristics. The FAA proposed to remove the last
sentence of paragraph (c) on the increase of power because it only
applies to altitude loss.
The FAA proposed to remove Sec. 23.201(d), as suggested by the JAA,
since the determination of altitude loss, and its subsequent furnishing
in the AFM, is not considered information useful to the pilot for safe
operation of the airplane.
The FAA proposed new Sec. 23.201(d) based on present
Sec. 23.201(e), to clarify that the roll and yaw limits apply during
both entry and recovery.
The FAA proposed new Sec. 23.201(e) based on former paragraph (f)
with some revisions. During FAA/JAA harmonization meetings, the JAA
pointed out to the FAA that, in high power-to-weight ratio airplanes,
extreme nose-up attitudes were the principal criteria for use of
reduced power, not the presence of undesirable stall characteristics.
The FAA concurs, and, therefore, proposed to remove the phrase
concerning stall characteristics.
No comments were received on the proposals for this section, and
they are adopted as proposed.
Section 23.203 Turning Flight and Accelerated Turning Stalls
The FAA proposed to revise Sec. 23.203 to add the word ``turning''
before ``stalls'' and after ``accelerated'' in the heading, the
introductory text, and in paragraphs (a)(2) and (b)(5). This change
clarifies that accelerated stalls are performed in turning flight. This
clarification reflects current practice.
In Sec. 23.203 (a) and (b), the FAA proposed to reference the stall
definition in current Sec. 23.201(b), which is more specific than the
present general words ``when the stall has fully developed or the
elevator has reached its stop.''
For clarification, the FAA proposed that paragraph (b)(4) be
separated into paragraphs (b)(4) and (b)(5) without substantive change,
and that former paragraph (b)(5) be redesignated as paragraph (b)(6).
The FAA proposed in Sec. 23.203(c)(1) to clarify the wing flap
positions by changing ``each intermediate position'' to ``each
intermediate normal operating position,'' and in Sec. 23.203(c)(4) to
clarify the use of reduced power. (See the final change to
Sec. 23.201(f).)
The FAA proposed new paragraph (c)(6) to be consistent with new
Sec. 23.207(c)(6) configurations (Amendment No. 23-45).
No comments were received on the proposals for this section, and
they are adopted as proposed.
Section 23.205 Critical Engine-Inoperative Stalls
The FAA proposed to remove Sec. 23.205. The stall demonstration
conditions are not realistic because the engine operation and power
asymmetry do not represent conditions likely to accompany an
inadvertent stall in service. Service history shows, however, that
stalls with significant power asymmetry can result in a spin, even on
airplanes that are certificated to the present requirement. Based on
this service history, the FAA determined that the requirement for
demonstrating one-engine-inoperative stalls is not effective in
ensuring that inadvertent stalls with one engine inoperative will have
satisfactory characteristics and be recoverable. Sufficient protection
against the hazard of stalling with one engine inoperative is provided
by the one-engine-inoperative performance requirements and operating
speed margins, coupled with the requirements for determination of
VMC, and the addition of a directional and lateral control test
under Sec. 23.147(b).
No comments were received on the proposal for this section, and the
section is removed as proposed.
Section 23.207 Stall Warning
The FAA proposed, in Sec. 23.207(c), to reference the stall tests
required by
[[Page 5179]]
Sec. 23.201(b) and Sec. 23.203(a)(1) and to specify that during such
tests for one knot per second deceleration stalls, both wings level and
turning, the stall warning must begin at a speed exceeding the stalling
speed by a margin of not less than 5 knots. The FAA proposed to remove
the quantified upper limit in the rule of 10 knots or 15 percent of the
stalling speed. The upper limit has created problems for manufacturers
because of the complex design features required to show compliance. The
upper limit requirement is, in effect, replaced by the nuisance stall
warning provision in Sec. 23.207(d).
The FAA proposed to divide Sec. 23.207(d) into Sec. 23.207 (d) and
(e), with Sec. 23.207(d) on nuisance stall warnings having no change in
requirements. In Sec. 23.207(e), the FAA proposed to remove the bottom
limit of five knots for decelerations greater than one knot per second
and to specify that the stall warning must begin sufficiently before
the stall so that the pilot can take corrective action. This is
considered appropriate because, at the higher deceleration rates of
three to five knots per second, a specified five knots may not be
enough stall warning.
The FAA proposed new Sec. 23.207(f) to allow for a mutable stall
warning system in acrobatic category airplanes, with automatic arming
for takeoff and rearming for landing. This feature allows the pilot to
disengage the warning during acrobatics while retaining the safety
feature during takeoff and landing.
No comments were received on the proposals for this section, and
they are adopted as proposed.
Section 23.221 Spinning
The FAA proposed to change the point to start the one-turn-spin
recovery count, to delete the ``characteristically incapable of
spinning'' option, and to make minor changes in acrobatic category
spins in Sec. 23.221.
The FAA proposed, in Sec. 23.221(a), to replace the exception for
airplanes characteristically incapable of spinning with an exception
for airplanes that demonstrate compliance with the optional spin
resistant requirements of paragraph (a)(2) of this section. Criteria
for an airplane incapable of spinning are unnecessary since criteria
for spin resistant airplanes are provided. As proposed, Sec. 23.221(a)
changed the point at which the count for the one-turn-spin recovery
begins. The change provides a specific point to begin the count by
replacing the phrase ``after the controls have been applied'' with
``after initiation of the first control action for recovery.'' Under
the former rules, if an applicant proposed a multiple step recovery
procedure that starts with the rudder, then the airplane may be
effectively recovered before the start of the recovery count.
The FAA proposed, in Sec. 23.221(a)(1)(ii), to specify that no
control force or characteristic can adversely affect prompt recovery.
This would be an improvement over the present requirement because it
includes yaw and roll as well as pitch control.
The FAA proposed to recodify Sec. 23.221(a)(1) into Sec. 23.221
(a)(1)(i) through (a)(1)(iv) with no changes in the requirements, and
to restate Sec. 23.221(a)(2) on spin resistant airplanes with minor
editorial changes but with no change in requirements.
The FAA proposed to specify, in Sec. 23,221(b), the emergency
egress requirements of Sec. 23.807(b)(5) for those utility category
airplanes approved for spinning, thereby cross-referencing the
requirements of Sec. 23.807 to the flight requirements.
The FAA proposed, in the introductory paragraph of Sec. 23.221(c),
to require acrobatic category airplanes to meet the one-turn-spin
requirements of Sec. 23.221(a). This change is needed because acrobatic
category airplanes should have sufficient controllability to recover
from the developing one-turn-spin under the same conditions as normal
category airplanes. The introductory paragraph also cross-references
Sec. 23.807 for emergency egress requirements.
The FAA proposed, in Sec. 23.221(c)(1), pertaining to acrobatic
category airplanes, to add a requirement for spin recovery after six
turns or any greater number of turns for which certification is
requested. This rule requires recovery within 1.5 turns after
initiation of the first control action for recovery. This requirement
ensures recovery within 1.5 turns if the spin mode changes beyond six
turns. As an alternative, the applicant may stop at six turns and
provide a limitation of six turns.
The FAA proposed, in Sec. 23.221(c)(2), to remove the option to
retract flaps during recovery and to provide the applicant with a
choice of flaps up or flaps deployed for spin approval. The paragraph
continues to prohibit exceeding applicable airspeed limits and limit
maneuvering load factors.
The FAA proposed new Sec. 23.221(c)(4) to ensure that the acrobatic
spins do not cause pilot incapacitation.
The FAA proposed to remove Sec. 23.221(d), relating to airplanes
that are ``characteristically incapable of spinning,'' which has been
in the regulation since at least 1937. In 1942, the present weight,
center of gravity, and control mis-rig criteria were introduced into
Civil Air Regulation (CAR) 03. Since then, the National Aeronautics and
Space Administration (NASA) spin resistant requirements, which are
based on research, have been developed and incorporated in the
regulations by Amendment No. 23-42 (56 FR 344, January 3, 1991). If an
applicant proposes a non-spinable airplane, it would be appropriate to
apply the requirements of Sec. 23.221(a)(2) as proposed in Notice 90-
22.
The only comment on this section was a JAA statement recognizing
this as an existing disharmony.
The proposals are adopted as proposed.
Section 23.233 Directional Stability and Control
The FAA proposed to make minor word changes to Sec. 23.233(a) to
harmonize this section with the corresponding JAR section.
No comments were received on the proposal for this section, and it
is adopted as proposed.
Section 23.235 Operation on Unpaved Surfaces
The FAA proposed to revise the heading of Sec. 23.235 and to remove
water operating requirements, which are moved to new Sec. 23.237.
No comments were received on the proposals for this section, and it
is adopted as proposed.
Section 23.237 Operation on Water
New Sec. 23.237, for operation on water, is the same as the former
Sec. 23.235(b).
The only comment on this section is a JAA statement acknowledging
an existing disharmony.
The proposal is adopted as proposed.
Section 23.253 High Speed Characteristics
The FAA proposed to remove paragraph (b)(1), since the requirement
for piloting strength and skill is covered in Sec. 23.141.
No comments were received on the proposal for this section, and it
is adopted as proposed.
Section 23.562 Emergency Landing Dynamic Conditions
The FAA proposed to change the one engine inoperative climb to
remove the reference in Sec. 23.562(d) and to add it to
Sec. 23.67(a)(1).
The only comment on this section is a JAA statement acknowledging
existing disharmony.
The proposal is adopted as proposed.
[[Page 5180]]
Section 23.1325 Static Pressure System
The FAA proposed to revise Sec. 23.1325(e) to clarify that the
static pressure calibration must be conducted in flight, which is
standard practice, and to remove and reserve Sec. 23.1325(f).
No comments were received on the proposals for this section, and
they are adopted as proposed.
Section 23.1511 Flap Extended Speed
The FAA proposed to remove from Sec. 23.1511(a) references to
Sec. 23.457. Section 23.457 is proposed to be removed in a related
NPRM, Notice No. 94-20 (59 FR 35196, July 8, 1994), on the airframe.
No comments were received on the proposal for this section, and it
is adopted as proposed.
Section 23.1521 Powerplant Limitations
The FAA proposed to amend Sec. 23.1521 to require maximum
temperature be established for takeoff operation and to require an
ambient temperature limit for reciprocating engines in airplanes of
more than 6,000 pounds.
The FAA proposed in Sec. 23.1521(b)(5) to require the establishment
of maximum cylinder head, liquid coolant, and oil temperature limits
for takeoff operation without regard to the allowable time. Previously,
temperature limits were required only if the takeoff power operation is
permitted for more than two minutes. It is appropriate to require
operating temperature limitations because most takeoff operations will
exceed two minutes.
The FAA proposed in Sec. 23.1521(e) to require an ambient
temperature limit for turbine engine-powered airplanes and
reciprocating engine-powered airplanes over 6,000 pounds. These
airplanes are subject to WAT limits and the revision will ensure that
airplane engines will cool at the ambient temperature limit.
No comments were received on the proposals for this section, and
they are adopted as proposed.
Section 23.1543 Instrument Markings: General
The FAA proposed new Sec. 23.1543(c) to require that all related
instruments be calibrated in compatible units. This is considered
essential for safe operation.
No comments were received on the proposal for this section, and it
is adopted as proposed.
Section 23.1545 Airspeed Indicator
The FAA proposed in Sec. 23.1545(b)(5) to delete any one-engine-
inoperative best rate of climb speed marking requirements for WAT
limited airplanes. These airplanes already have scheduled speeds in
case of an engine failure. The FAA proposed that paragraph (b)(5) apply
only to non-WAT airplanes for which the one-engine-operative best rate
of climb speed marking has been simplified to reflect performance for
sea level at maximum weight. Since the blue arc rule was promulgated in
Amendment No. 23-23 (43 FR 50593, October 30, 1978), certification
experience has shown that the marking of an arc is unnecessarily
complicated. For many airplanes, the approved arc was so narrow that
the arc was a line; therefore, final paragraph (b)(5) requires a blue
radial line instead of an arc.
The FAA proposed to revise Sec. 23.1545(b)(6) to retain the
existing VMC requirement for non-WAT airplanes and to remove the
requirement for VMC markings for WAT airplanes since WAT airplanes
already have scheduled speeds in case of engine failure.
No comments were received on the proposals for this section, and
they are adopted as proposed.
Section 23.1553 Fuel Quantity Indicator
The FAA proposed to remove, from Sec. 23.1553, the use of an arc to
show a quantity of unusable fuel. The FAA proposed that the rule
reference the unusable fuel determination and require only a red radial
line, which provides a clearer indication of fuel quantity for pilots.
No comments were received on the proposal for this section, and it
is adopted as proposed.
Section 23.1555 Control Markings
The FAA proposed to add to Sec. 23.1555(e)(2) a requirement that no
controls except emergency controls be red.
Comment: Transport Canada states that certain cockpit controls
serve a dual purpose in that they serve normal aircraft operation
functions as well as emergency functions. Examples are fuel selector
valves and door handles. Transport Canada recommends rule language that
recognizes dual usage.
FAA Response: Transport Canada's statement about the existence of
dual usage controls is correct. The FAA originally intended to address
the dual usage issue in an AC. On further evaluation of the proposed
rule language, dual usage controls would be prohibited, if it were
adopted as proposed. Therefore, an AC could not be used to allow
controls such as the mixture (which is usually red) to continue to be
red without violating the rule. The FAA has incorporated the dual usage
language in the final rule to avoid confusion between the intent of the
rule and the current practice.
The proposal is adopted with the changes mentioned above.
Section 23.1559 Operating Limitations Placard
The FAA proposed to simplify Sec. 23.1559 and to remove duplicate
material while requiring essentially the same information. Most
airplanes currently operate with an AFM and the new rule places
emphasis on using the AFM to define required operating limitations.
No comments were received on the proposal for this section, and it
is adopted as proposed.
Section 23.1563 Airspeed Placards
The FAA proposed to add a new paragraph (c) to Sec. 23.1563. The
new paragraph is applicable to WAT limited airplanes and requires
providing the maximum VMC in the takeoff configuration determined
under Sec. 23.149(b). This is desirable since the VMC is not
marked on the airspeed indicator for these airplanes.
No comments were received on the proposal for this section, and it
is adopted as proposed.
Section 23.1567 Flight Maneuver Placard
The FAA proposed to add new Sec. 23.1567(d) to apply to acrobatic
and utility airplanes approved for intentional spinning, which requires
a placard listing control actions for recovery. New paragraph (d)
proposed to require a statement on the placard that the airplane be
recovered when spiral characteristics occur, or after six turns, or at
any greater number of turns for which certification tests have been
conducted. This paragraph replaces the similar placard requirement in
current Sec. 23.1583(e)(3) for acrobatic category airplanes.
No comments were received on the proposal for this section, and it
is adopted as proposed.
Section 23.1581 General
The FAA proposed to make editorial changes in Sec. 23.1581 that
recognize WAT limited and non-WAT limited airplanes.
In new Sec. 23.1581(a)(3), the FAA proposed to require information
necessary to comply with relevant operating rules. This is a FAR and
JAR harmonization item and is considered necessary because some
operational rules, such as Sec. 135.391, require flight
[[Page 5181]]
planning with one-engine-inoperative cruise speed and/or driftdown
data. For airplanes operated under part 135 in the United States, it
represents no change in requirements.
The FAA proposed Sec. 23.1581(b)(2) to require that only WAT
limited airplane AFM's provide data necessary for determining WAT
limits.
The FAA proposed new Sec. 23.1581(c) to require the AFM units to be
the same as on the instruments.
The FAA proposed new Sec. 23.1581(d) to remove the requirement for
a table of contents. This is considered a format requirement and is not
appropriate for this section, which specifies AFM content. Section
23.1581(d) is replaced by a requirement to present all operational
airspeeds as indicated airspeeds. This adopts current practice.
No comments were received on the proposals for this section, and
they are adopted as proposed.
Section 23.1583 Operating Limitations
The FAA proposed to revise Sec. 23.1583 operating limitations
information for the AFM. The FAA proposed to revise airspeed
limitations for commuter category airplanes, to require AFM limitations
for WAT limited airplanes, to furnish ambient temperature limitations
and smoking restriction information, and to specify types of runway
surfaces.
The FAA proposed, in Sec. 23.1583(a)(3), to make VMO/MMO
airspeed operating limitations applicable only to turbine powered
commuter category airplanes. This is consistent with current practice
since no reciprocating engine-powered commuter category airplanes have
been proposed.
In Sec. 23.1583(c)(3), the FAA proposed to add takeoff and landing
weight limitations for WAT limited airplanes. (See Sec. 23.45.)
The FAA proposed to revise Sec. 23.1583(c)(4) and (c)(5), to
renumber Sec. 23.1583(c)(3) and (c)(4), and to make editorial and
cross-reference changes. In paragraph (c)(4)(ii), the FAA proposed a
new requirement that the AFM include the maximum takeoff weight for
each airport altitude and ambient temperature within the range selected
by the applicant at which the accelerate-stop distance determined under
Sec. 23.55 is equal to the available runway length plus the length of
any stopway, if available. This is currently required for transport
category airplanes and is necessary for harmonization with JAR 23.
In Sec. 23.1583(c)(6), the FAA proposed to establish the zero wing
fuel weight of Sec. 23.343 as a limitation. This provides the pilot
with information necessary to prevent exceeding airplane structural
limits.
The FAA proposed editorial changes to Sec. 23.1583(d) and, in
paragraphs (e)(1) and (e)(2), to remove references to
``characteristically incapable of spinning.'' As discussed under
Sec. 23.221, requirements for ``characteristically incapable of
spinning'' are removed.
In Sec. 23.1583(e)(4), the FAA proposed to add a requirement to
specify limitations associated with spirals, six turn spins, or more
than six turn spins. The requirement for a placard is removed since the
requirement is covered in Sec. 23.1567.
The FAA proposed to revise Sec. 23.1583(e)(5) based on former
paragraph (e)(4) for commuter category airplanes. This restates the
maneuvers as those proposed for commuter category airplanes in
Sec. 23.3.
The FAA proposed to revise the heading of Sec. 23.1583(f) and to
add a limit negative load factor for acrobatic category airplanes.
The FAA proposed to revise Sec. 23.1583(g) to make editorial
changes with no change in requirements and to reference the flight
crews' requirements in Sec. 23.1523. As proposed, Sec. 23.1583(k), (l),
and (m) are redesignated as Sec. 23.1583(i), (j), and (k).
The FAA proposed new Sec. 23.1583(l) to require baggage and cargo
loading limits in the AFM.
The FAA proposed a new Sec. 23.1583(m) to require any special
limitations on systems and equipment in the AFM. This provides the
pilot with information necessary for safe operation of the airplane
systems and equipment.
The FAA proposed a new Sec. 23.1583(n) to require a statement on
ambient temperature limitations. Maximum cooling temperature limits
have been required for turbine powered airplanes by Sec. 23.1521(e);
however, the requirement for the limitation has never been specified in
Sec. 23.1583. Proposed Sec. 23.1583(n) requires both maximum and
minimum temperature limits if appropriate. A minimum temperature limit
provides the pilot with information necessary to avoid airplane damage
during low temperature operations.
The FAA proposed a new Sec. 23.1583(o) to state any occupant
smoking limitations on the airplane in the AFM.
The FAA proposed a new Sec. 23.1583(p) to require the applicant to
state what runway surfaces have been approved.
No comments were received on the proposals for this section, and it
is adopted as proposed.
Section 23.1585 Operating Procedures
The FAA proposed to rearrange the material in Sec. 23.1585(a).
Also, the FAA proposed to add, for all airplanes, a requirement to
paragraph (a) that information in the following areas be included:
Unusual flight or ground handling characteristics; maximum demonstrated
values of crosswinds; recommended speed for flight in rough air;
restarting an engine in flight; and making a normal approach and
landing in accordance with Secs. 23.73 and 23.75. All of these
requirements are in former Sec. 23.1585(a) except for restarting a
turbine engine in flight, which is in former paragraph (c)(5)
pertaining only to multiengine airplanes. The FAA decided that a
restart capability is not required for single reciprocating engine
airplanes for the reasons given in the preamble discussion of proposal
3 in Amendment No. 23-43 (58 FR 18958, April 9, 1993). The requirement
to provide restart information should apply to single turbine engines,
however, since turbine engine designs incorporate a restart capability
and inadvertent shutdowns may occur. The requirement for normal
approach and landing information, in accordance with the landing
requirement in Secs. 23.73 and 23.75, is new. This information is
necessary to enable pilots to achieve the published landing distances
and, if necessary, to safely transition to a balked landing.
The FAA proposed to revise Sec. 23.1585(b) by adding new
requirements, which cover gliding after an engine failure for single-
engine airplanes, to reference the new requirements proposed in
Sec. 23.71.
The FAA proposed to revise Sec. 23.1585(c) to require compliance
with paragraph (a) plus the following requirements from former
paragraph (c): Approach and landing with an engine inoperative; balked
landing with an engine inoperative; and VSSE as determined in
Sec. 23.149. The FAA also proposed to redesignate paragraph (c)
requirements, information on procedures for continuing a takeoff
following an engine failure and continuing a climb following an engine
failure, as proposed (e) for normal, utility, and acrobatic
multiengines.
The FAA proposed to revise Sec. 23.1585(d) to apply to normal,
utility, and acrobatic airplanes, which would have to comply with
paragraph (a) and either (b) or (c). These airplanes must also comply
with the normal takeoff, climb, and abandoning a takeoff procedures,
which were contained in paragraph (a).
[[Page 5182]]
The FAA proposed to revise Sec. 23.1585(c), for normal, utility and
acrobatic multiengine airplanes, to require compliance with proposed
(a), (c), and (d), plus requirements for continuing a takeoff or climb
with one engine inoperative that were in former paragraph (c) (1) and
(2).
The FAA proposed to revise Sec. 23.1585(f) to amend normal takeoff
requirements in former paragraph (a)(2); to add accelerate-stop
requirements; and to continue takeoff after engine failure, which was
in former paragraph (c)(1).
The FAA proposed no substantial changes in Sec. 23.1585 (g) and
(h), which are based on paragraphs (d) and (e), respectively.
The FAA proposed to revise Sec. 23.1585(i) based on former
paragraph (g) on the total quantity of usable fuel and to add
information on the effect of pump failure on unusable fuel.
The FAA proposed a new Sec. 23.1585(j) to require procedures for
safe operation of the airplanes' systems and equipment that, although
not previously required, are current industry practice.
In the proposed revision of Sec. 23.1585(h), the commuter category
airplane procedures for restarting turbine engines in flight would no
longer be necessary because the requirement is covered under paragraph
(a)(4).
Comment: The JAA comments that the JAA does not agree with limiting
the inflight engine restart requirements of proposed paragraph (a)(4)
to turbine engines only.
FAA Response: The JAA comment addresses a known disharmony between
the regulations.
No substantive comment was received, and the proposals are adopted
as proposed.
Section 23.1587 Performance Information
The FAA proposed to revise Sec. 23.1587 to rearrange existing
material, to remove ski plane performance exceptions, to remove the
option of calculating approximate performance, to remove staff altitude
loss data, and to require overweight landing performance in
Sec. 23.1587. Stalling speed requirements of paragraph (c)(2) and (3)
are combined and moved to final paragraph (a)(1) and reference and
stalling speed requirement of Sec. 23.49. Information on the steady
rate and gradient of climb with all engines operating is required by
paragraph (a)(2). This is revised from paragraph (a)(2). The climb
section referenced in existing Sec. 23.1587(a)(2) is removed and
replaced with Sec. 23.69(a).
The FAA proposed to revise paragraph (a)(3) to add that landing
distance determined under Sec. 23.75 must be provided for each airport
altitude, standard temperature, and type of surface for which it is
valid. The FAA proposed to revise paragraph (a)(4) to require
information on the effect on landing distance when landing on other
than hard surface, as determined under Sec. 23.45(g). The FAA proposed
to revise paragraph (a)(5) to cover information on the effects on
landing distance of runway slope and wind. This provides the pilot with
data with which to account for these factors in his or her takeoff
calculations.
The FAA proposed to remove requirements on ski planes from
Sec. 23.1587(b) and to add a requirement for a steady angle of climb/
descent, as determined under Sec. 23.77(a), in its place. This
requirement applies to all non-WAT airplanes.
The FAA proposed to revise paragraph (c) to apply normal, utility,
and acrobatic category airplanes, rather than all airplanes. The FAA
proposed to remove the stall altitude loss requirements from paragraph
(c)(1). As mentioned, the FAA proposed to remove the stalling speed
requirements from paragraphs (c)(2) and (c)(3) and to place them in
paragraph (a)(1). The FAA also proposed to remove paragraph (c)(4) on
cooling climb speed data since most airplanes cool at scheduled speeds.
The FAA proposes to revise paragraph (c)(1) to pertain to the
takeoff distance determined under Sec. 23.53 and to the type of
surface. Proposed paragraphs (c)(2) and (c)(3) pertain to the effect on
takeoff distance of the runway surface, slope, and headwind and
tailwind component.
The FAA proposed to revise paragraph (c)(4) to add a new
requirement pertaining to the one-engine inoperative takeoff climb/
descent performance for WAT-limited airplanes. This pertains only to
reciprocating engine-powered airplanes. It provides the pilot with the
information determined under final Sec. 23.66.
The FAA proposed a new paragraph (c)(5), which pertains to enroute
rate and gradient and climb/descent determined under Sec. 23.69(b), for
multiengine airplanes.
The FAA proposed to revised Sec. 23.1587(d) to incorporate into
commuter category airplanes the present data and accelerate-stop data,
overweight landing performance, and the effect of operation on other
than smooth hard surfaces. In addition, in order to consolidate all of
the requirements for what must appear in the AFM in subpart G, the FAA
proposed that Sec. 23.1587(d)(10) contain the requirement, found in
former Sec. 23.1323(d), to show the relationship between IAS and CAS in
the AFM.
No comments were received on the proposals for this section, and
they are adopted as proposed.
Section 23.1589 Loading Information
The FAA proposed to make editorial changes in Sec. 23.1589(b) to
simplify the text, with no change in requirements.
No comments were received on the proposal for this section, and it
is adopted as proposed.
Appendix E
The FAA proposed to remove Appendix E and to reserve it for the
reasons given in the change to Sec. 23.25.
No comments were received on the proposal, and Appendix E is
removed and reserved as proposed.
Regulatory Evaluation, Regulatory Flexibility Determination, and Trade
Impact Assessment
Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs Federal agencies to
promulgate new regulations only if the potential benefits to society
justify its 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 effects of regulatory changes on international
trade. In conducting these assessments, the FAA has determined that
this rule: (1) Will generate benefits exceeding its costs and is
``significant'' as defined in the Executive Order; (2) is
``significant'' as defined in DOT's Policies and Procedures; (3) will
not have a significant impact on a substantial number of small
entities; and (4) will not constitute a barrier to international trade.
These analyses, available in the docket, are summarized below.
Comments Related to the Economics of the Proposed Rule
One comment was received regarding the economics, Sec. 23.143
Controllability and Maneuverability. This comment, as well as the FAA's
response, are included in the section ``Discussion of Amendments.''
Regulatory Evaluation Summary
The FAA has identified 15 sections that will result in additional
compliance costs to one or more airplane categories. Amendments to five
sections will result in cost savings. The greatest costs will be
incurred by manufacturers of WAT
[[Page 5183]]
limited airplanes (e.g., multiengine airplanes with maximum weights of
more than 6,000 pounds). When amortized over a production run, the
incremental costs will have a negligible impact on airplane prices,
less than $100 per airplane.
The primary benefit of the rule will be the cost efficiencies of
harmonization with the JAR for those manufacturers that choose to
market airplanes in JAA countries as well as to manufacturers in JAA
countries that market airplanes in the United States. Other benefits of
the rule will be decreased reliance on special conditions,
simplification of the certification process through clarification of
existing requirements, and increased flexibility through optional
designs.
Regulatory Flexibility Determination
The Regulatory Flexibility Act of 1980 (RFA) was enacted by
Congress to ensure that small entities are not unnecessarily and
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. Based on FAA Order 2100.14A, Regulatory
Flexibility Criteria and Guidance, the FAA has determined that the rule
will not have a significant economic impact on a substantial number of
small entities.
International Trade Impact Assessment
The rule will not constitute a barrier to international trade,
including the export of American airplanes to foreign countries and the
impact of foreign airplanes into the United States. Instead, the flight
certification procedures have been harmonized with those of the JAA and
will lessen restraints on trade.
Federalism Implications
The regulations herein will not have substantial direct effects 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, in accordance with Executive
Order 12612, it is determined that this rule does not have sufficient
federalism implications to warrant the preparation of a Federalism
Assessment.
Conclusion
The FAA is revising the flight airworthiness standards for normal,
utility, acrobatic, and commuter category airplanes to harmonize them
with the standards of the Joint Aviation Authorities in Europe for the
same category airplanes. The revisions will reduce the regulatory
burden on the United States and European airplane manufacturers by
relieving them of the need to show compliance with different standards
each time they seek certification approval of an airplane in the United
States or in a country that is a member of the JAA.
For the reasons discussed in the preamble, and based on the
findings in the Regulatory Evaluation, the FAA has determined that this
rule is significant under Executive Order 12866. In addition, the FAA
certifies that this rule will not have a significant economic impact,
positive or negative, on a substantial number of small entities under
the criteria of the Regulatory Flexibility Act. This rule is considered
significant under DOT Regulatory Policies and Procedures (44 FR 11034,
February 26, 1979). A regulatory evaluation of the rule has been placed
in the docket. A copy may be obtained by contracting the person
identified under FOR FURTHER INFORMATION CONTACT.
List of Subjects
14 CFR Part 1
Air transportation.
14 CFR Part 23
Aircraft, Aviation safety, Signs and symbols.
The Amendments
In consideration of the foregoing, the Federal Aviation
Administration amends 14 CFR parts 1 and 23 to read as follows:
PART 1--DEFINITIONS AND ABBREVIATIONS
1. The authority citation for part 1 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.
2. A new definition is added in alphabetical order to Sec. 1.1 to
read as follows:
Sec. 1.1 General definitions.
* * * * * * *
Maximum speed for stability characteristics, VFC/MFC
means a speed that may not be less than a speed midway between maximum
operating limit speed (VMO/MMO) and demonstrated flight
diving speed (VDF/MDF), except that, for altitudes where the
Mach number is the limiting factor, MFC need not exceed the Mach
number at which effective speed warning occurs.
* * * * *
PART 23--AIRWORTHINESS STANDARDS: NORMAL, UTILITY, ACROBATIC, AND
COMMUTER CATEGORY AIRPLANES
3. The authority citation for part 23 continues to read as follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.
4. Section 23.3 is amended by revising paragraphs (b)(2), (d), and
(e) to read as follows:
Sec. 23.3 Airplane categories.
* * * * *
(b) * * *
(2) Lazy eights, chandelles, and steep turns, or similar maneuvers,
in which the angle of bank is more than 60 degrees but not more than 90
degrees.
* * * * *
(d) The commuter category is limited to propeller-driven,
multiengine airplanes that have a seating configuration, excluding
pilot seats, of 19 or less, and a maximum certificated takeoff weight
of 19,000 pounds or less. The commuter category operation is limited to
any maneuver incident to normal flying, stalls (except whip stalls),
and steep turns, in which the angle of bank is not more than 60
degrees.
(e) Except for commuter category, airplanes may be type
certificated in more than one category if the requirements of each
requested category are met.
5. Section 23.25 is amended by revising paragraphs (a) introductory
text and (a)(1) introductory text, and paragraphs (a)(1)(i) and
(a)(1)(iii) to read as follows:
Sec. 23.25 Weight limits.
(a) Maximum weight. The maximum weight is the highest weight at
which compliance with each applicable requirement of this part (other
than those complied with at the design landing weight) is shown. The
maximum weight must be established so that it is--
(1) Not more than the least of--
(i) The highest weight selected by the applicant; or
* * * * *
(iii) The highest weight at which compliance with each applicable
flight requirement is shown, and
* * * * *
6. Section 23.33 is amended by revising paragraphs (b) (1) and (2)
to read as follows:
Sec. 23.33 Propeller speed and pitch limits.
(b) * * *
(1) During takeoff and initial climb at the all engine(s) operating
climb speed
[[Page 5184]]
specified in Sec. 23.65, the propeller must limit the engine r.p.m., at
full throttle or at maximum allowable takeoff manifold pressure, to a
speed not greater than the maximum allowable takeoff r.p.m.; and
(2) During a closed throttle glide, at VNE, the propeller may
not cause an engine speed above 110 percent of maximum continuous
speed.
* * * * *
7. Section 23.45 is revised to read as follows:
Sec. 23.45 General.
(a) Unless otherwise prescribed, the performance requirements of
this part must be met for--
(1) Still air and standard atmosphere; and
(2) Ambient atmospheric conditions, for commuter category
airplanes, for reciprocating engine-powered airplanes of more than
6,000 pounds maximum weight, and for turbine engine-powered airplanes.
(b) Performance data must be determined over not less than the
following ranges of conditions--
(1) Airport altitudes from sea level to 10,000 feet; and
(2) For reciprocating engine-powered airplanes of 6,000 pounds, or
less, maximum weight, temperature from standard to 30 deg.C above
standard; or
(3) For reciprocating engine-powered airplanes of more than 6,000
pounds maximum weight and turbine engine-powered airplanes, temperature
from standard to 30 deg.C above standard, or the maximum ambient
atmospheric temperature at which compliance with the cooling provisions
of Sec. 23.1041 to Sec. 23.1047 is shown, if lower.
(c) Performance data must be determined with the cowl flaps or
other means for controlling the engine cooling air supply in the
position used in the cooling tests required by Sec. 23.1041 to
Sec. 23.1047.
(d) The available propulsive thrust must correspond to engine
power, not exceeding the approved power, less--
(1) Installation losses; and
(2) The power absorbed by the accessories and services appropriate
to the particular ambient atmospheric conditions and the particular
flight condition.
(e) The performance, as affected by engine power or thrust, must be
based on a relative humidity:
(1) Of 80 percent at and below standard temperature; and
(2) From 80 percent, at the standard temperature, varying linearly
down to 34 percent at the standard temperature plus 50 deg.F.
(f) Unless otherwise prescribed, in determining the takeoff and
landing distances, changes in the airplane's configuration, speed, and
power must be made in accordance with procedures established by the
applicant for operation in service. These procedures must be able to be
executed consistently by pilots of average skill in atmospheric
conditions reasonably expected to be encountered in service.
(g) The following, as applicable, must be determined on a smooth,
dry, hard-surfaced runway--
(1) Takeoff distance of Sec. 23.53(b);
(2) Accelerate-stop distance of Sec. 23.55;
(3) Takeoff distance and takeoff run of Sec. 23.59; and
(4) Landing distance of Sec. 23.75.
Note: The effect on these distances of operation on other types
of surfaces (for example, grass, gravel) when dry, may be determined
or derived and these surfaces listed in the Airplane Flight Manual
in accordance with Sec. 23.1583(p).
(h) For commuter category airplanes, the following also apply:
(1) Unless otherwise prescribed, the applicant must select the
takeoff, enroute, approach, and landing configurations for the
airplane.
(2) The airplane configuration may vary with weight, altitude, and
temperature, to the extent that they are compatible with the operating
procedures required by paragraph (h)(3) of this section.
(3) Unless otherwise prescribed, in determining the critical-
engine-inoperative takeoff performance, takeoff flight path, and
accelerate-stop distance, changes in the airplane's configuration,
speed, and power must be made in accordance with procedures established
by the applicant for operation in service.
(4) Procedures for the execution of discontinued approaches and
balked landings associated with the conditions prescribed in
Sec. 23.67(c)(4) and Sec. 23.77(c) must be established.
(5) The procedures established under paragraphs (h)(3) and (h)(4)
of this section must--
(i) Be able to be consistently executed by a crew of average skill
in atmospheric conditions reasonably expected to be encountered in
service;
(ii) Use methods or devices that are safe and reliable; and
(iii) Include allowance for any reasonably expected time delays in
the execution of the procedures.
8. Section 23.49 is revised to read as follows:
Sec. 23.49 Stalling period.
(a) VSO and VS1 are the stalling speeds or the minimum
steady flight speeds, in knots (CAS), at which the airplane is
controllable with--
(1) For reciprocating engine-powered airplanes, the engine(s)
idling, the throttle(s) closed or at not more than the power necessary
for zero thrust at a speed not more than 110 percent of the stalling
speed;
(2) For turbine engine-powered airplanes, the propulsive thrust not
greater than zero at the stalling speed, or, if the resultant thrust
has no appreciable effect on the stalling speed, with engine(s) idling
and throttle(s) closed;
(3) The propeller(s) in the takeoff position;
(4) The airplane in the condition existing in the test, in which
VSO and VS1 are being used;
(5) The center of gravity in the position that results in the
highest value of VSO and VS1; and
(6) The weight used when VSO and VS1 are being used as a
factor to determine compliance with a required performance standard.
(b) VSO and VS1 must be determined by flight tests, using
the procedure and meeting the flight characteristics specified in
Sec. 23.201.
(c) Except as provided in paragraph (d) of this section, VSO
and VS1 at maximum weight must not exceed 61 knots for--
(1) Single-engine airplanes; and
(2) Multiengine airplanes of 6,000 pounds or less maximum weight
that cannot meet the minimum rate of climb specified in Sec. 23.67(a)
(1) with the critical engine inoperative.
(d) All single-engine airplanes, and those multiengine airplanes of
6,000 pounds or less maximum weight with a VSO of more than 61
knots that do not meet the requirements of Sec. 23.67(a)(1), must
comply with Sec. 23.562(d).
9. Section 23.51 is revised to read as follows:
Sec. 23.51 Takeoff speeds.
(a) For normal, utility, and acrobatic category airplanes, rotation
speed, VR, is the speed at which the pilot makes a control input,
with the intention of lifting the airplane out of contact with the
runway or water surface.
(1) For multiengine landplanes, VR, must not be less than the
greater of 1.05 VMC; or 1.10 VS1;
(2) For single-engine landplanes, VR, must not be less than
VS1; and
(3) For seaplanes and amphibians taking off from water, VR,
may be any speed that is shown to be safe under all reasonably expected
conditions, including turbulence and complete failure of the critical
engine.
(b) For normal, utility, and acrobatic category airplanes, the
speed at 50 feet above the takeoff surface level must not be less than:
(1) or multiengine airplanes, the highest of--
[[Page 5185]]
(i) A speed that is shown to be safe for continued flight (or
emergency landing, if applicable) under all reasonably expected
conditions, including turbulence and complete failure of the critical
engine;
(ii) 1.10 VMC; or
(iii) 1.20 VS1.
(2) For single-engine airplanes, the higher of--
(i) A speed that is shown to be safe under all reasonably expected
conditions, including turbulence and complete engine failure; or
(ii) 1.20 VS1.
(c) For commuter category airplanes, the following apply:
(l) V1 must be established in relation to VEF as follows:
(i) VEF is the calibrated airspeed at which the critical
engine is assumed to fail. VEF must be selected by the applicant
but must not be less than 1.05 VMC determined under Sec. 23.149(b)
or, at the option of the applicant, not less than VMCG determined
under Sec. 23.149(f).
(ii) The takeoff decision speed, V1, is the calibrated
airspeed on the ground at which, as a result of engine failure or other
reasons, the pilot is assumed to have made a decision to continue or
discontinue the takeoff. The takeoff decision speed, V1, must be
selected by the applicant but must not be less than VEF plus the
speed gained with the critical engine inoperative during the time
interval between the instant at which the critical engine is failed and
the instant at which the pilot recognizes and reacts to the engine
failure, as indicated by the pilot's application of the first retarding
means during the accelerate-stop determination of Sec. 23.55.
(2) The rotation speed, VR, in terms of calibrated airspeed,
must be selected by the applicant and must not be less than the
greatest of the following:
(i) V1;
(ii) 1.05 VMC determined under Sec. 23.149(b);
(iii) 1.10 VS1; or
(iv) The speed that allows attaining the initial climb-out speed,
V2, before reaching a height of 35 feet above the takeoff surface
in accordance with Sec. 23.57(c)(2).
(3) For any given set of conditions, such as weight, altitude,
temperature, and configuration, a single value of VR must be used
to show compliance with both the one-engine-inoperative takeoff and
all-engines-operating takeoff requirements.
(4) The takeoff safety speed, V2, in terms of calibrated
airspeed, must be selected by the applicant so as to allow the gradient
of climb required in Sec. 23.67 (c)(1) and (c)(2) but mut not be less
than 1.10 VMC or less than 1.20 VS1.
(5) The one-engine-inoperative takeoff distance, using a normal
rotation rate at a speed 5 knots less than VR, established in
accordance with paragraph (c)(2) of this section, must be shown not to
exceed the corresponding one-engine-inoperative takeoff distance,
determined in accordance with Sec. 23.57 and Sec. 23.59(a)(1), using
the established VR. The takeoff, otherwise performed in accordance
with Sec. 23.57, must be continued safely from the point at which the
airplane is 35 feet above the takeoff surface and at a speed not less
than the established V2 minus 5 knots.
(6) The applicant must show, with all engines operating, that
marked increases in the scheduled takeoff distances, determined in
accordance with Sec. 23.59(a)(2), do not result from over-rotation of
the airplane or out-of-trim conditions.
10. Section 23.53 is revised to read as follows:
Sec. 23.53 Takeoff performance.
(a) For normal, utility, and acrobatic category airplanes, the
takeoff distance must be determined in accordance with paragraph (b) of
this section, using speeds determined in accordance with Sec. 23.51 (a)
and (b).
(b) For normal, utility, and acrobatic category airplanes, the
distance required to takeoff and climb to a height of 50 feet above the
takeoff surface must be determined for each weight, altitude, and
temperature within the operational limits established for takeoff
with--
(1) Takeoff power on each engine;
(2) Wing flaps in the takeoff position(s); and
(3) Landing gear extended.
(c) For commuter category airplanes, takeoff performance, as
required by Secs. 23.55 through 23.59, must be determined with the
operating engine(s) within approved operating limitations.
11. Section 23.55 is amended by revising paragraph (a) and the
introductory text of paragraph (b) to read as follows:
Sec. 23.55 Accelerate-stop distance.
* * * * *
(a) The accelerate-stop distance is the sum of the distances
necessary to--
(1) Accelerate the airplane from a standing start to VEF with
all engines operating;
(2) Accelerate the airplane from VEF to V1, assuming the
critical engine fails at VEF; and
(3) Come to a full stop from the point at which V1 is reached.
(b) Means other than wheel brakes may be used to determine the
accelerate-stop distances if that means--
* * * * *
12. Section 23.57 is amended by revising paragraphs (a)
introductory text, (b), (c)(1), (c)(3) introductory text, (c)(4), and
(d); and by adding a new paragraph (e) to read as follows:
Sec. 23.57 Takeoff path.
* * * * *
(a) The takeoff path extends from a standing start to a point in
the takeoff at which the airplane is 1500 feet above the takeoff
surface at or below which height the transition from the takeoff to the
enroute configuration must be completed; and
* * * * *
(b) During the acceleration to speed V2, the nose gear may be
raised off the ground at a speed not less than VR. However,
landing gear retraction must not be initiated until the airplane is
airborne.
(c) * * *
(1) The slope of the airborne part of the takeoff path must not be
negative at any point;
* * * * *
(3) At each point along the takeoff path, starting at the point at
which the airplane reaches 400 feet above the takeoff surface, the
available gradient of climb must not be less than--
* * * * *
(4) Except for gear retraction and automatic propeller feathering,
the airplane configuration must not be changed, and no change in power
that requires action by the pilot may be made, until the airplane is
400 feet above the takeoff surface.
(d) The takeoff path to 35 feet above the takeoff surface must be
determined by a continuous demonstrated takeoff.
(e) The takeoff path to 35 feet above the takeoff surface must be
determined by synthesis from segments; and
(1) The segments must be clearly defined and must be related to
distinct changes in configuration, power, and speed;
(2) The weight of the airplane, the configuration, and the power
must be assumed constant throughout each segment and must correspond to
the most critical condition prevailing in the segment; and
(3) The takeoff flight path must be based on the airplane's
performance without utilizing ground effect.
13. Section 23.59 is amended by revising the introductory text,
paragraph (a)(2), and paragraph (b) to read as follows:
Sec. 23.59 Takeoff distance and takeoff run.
For each commuter category airplane, the takeoff distance and, at
the option of the applicant, the takeoff run, must be determined.
[[Page 5186]]
(a) * * *
(2) With all engines operating, 115 percent of the horizontal
distance from the start of the takeoff to the point at which the
airplane is 35 feet above the takeoff surface, determined by a
procedure consistent with Sec. 23.57.
(b) If the takeoff distance includes a clearway, the takeoff run is
the greater of--
(1) The horizontal distance along the takeoff path from the start
of the takeoff to a point equidistant between the liftoff point and the
point at which the airplane is 35 feet above the takeoff surface as
determined under Sec. 23.57; or
(2) With all engines operating, 115 percent of the horizontal
distance from the start of the takeoff to a point equidistant between
the liftoff point and the point at which the airplane is 35 feet above
the takeoff surface, determined by a procedure consistent with
Sec. 23.57.
14. A new Sec. 23.63 is added to read as follows:
Sec. 23.63 Climb: general.
(a) Compliance with the requirements of Secs. 23.65, 23.66, 23.67,
23.69, and 23.77 must be shown--
(1) Out of ground effect; and
(2) At speeds that are not less than those at which compliance with
the powerplant cooling requirements of Secs. 23.1041 to 23.1047 has
been demonstrated; and
(3) Unless otherwise specified, with one engine inoperative, at a
bank angle not exceeding 5 degrees.
(b) For normal, utility, and acrobatic category reciprocating
engine-powered airplanes of 6,000 pounds or less maximum weight,
compliance must be shown with Sec. 23.65(a), Sec. 23.67(a), where
appropriate, and Sec. 23.77(a) at maximum takeoff or landing weight, as
appropriate, in a standard atmosphere.
(c) For normal, utility, and acrobatic category reciprocating
engine-powered airplanes of more than 6,000 pounds maximum weight, and
turbine engine-powered airplanes in the normal, utility, and acrobatic
category, compliance must be shown at weights as a function of airport
altitude and ambient temperature, within the operational limits
established for takeoff and landing, respectively, with--
(1) Sections 23.65(b) and 23.67(b) (1) and (2), where appropriate,
for takeoff, and
(2) Section 23.67(b)(2), where appropriate, and Sec. 23.77(b), for
landing.
(d) For commuter category airplanes, compliance must be shown at
weights as a function of airport altitude and ambient temperature
within the operational limits established for takeoff and landing,
respectively, with--
(1) Sections 23.67(c)(1), 23.67(c)(2), and 23.67(c)(3) for takeoff;
and
(2) Sections 23.67(c)(3), 23.67(c)(4), and 23.77(c) for landing.
15. Section 23.65 is revised to read as follows:
Sec. 23.65 Climb: all engines operating.
(a) Each normal, utility, and acrobatic category reciprocating
engine-powered airplane of 6,000 pounds or less maximum weight must
have a steady climb gradient at sea level of at least 8.3 percent for
landplanes or 6.7 percet for seaplanes and amphibians with--
(1) Not more than maximum continuous power on each engine;
(2) The landing gear retracted;
(3) The wing flaps in the takeoff position(s); and
(4) A climb speed not less than the greater of 1.1 VMC and 1.2
VS1 for multiengine airplanes and not less than 1.2 VS1 for
single--engine airplanes.
(b) Each normal, utility, and acrobatic category reciprocating
engine-powered airplane of more than 6,000 pounds maximum weight and
turbine engine-powered airplanes in the normal, utility, and acrobatic
category must have a steady gradient of climb after takeoff of at least
4 percent with
(1) Take off power on each engine;
(2) The landing gear extended, except that if the landing gear can
be retracted in not more than sven seconds, the test may be conducted
with the gear retracted;
(3) The wing flaps in the takeoff position(s); and
(4) A climb speed as specified in Sec. 23.65(a)(4).
16. A new Sec. 23.66 is added to read as follows:
Sec. 23.66 Takeoff climb: One-engine inoperative.
For normal, utility, and acrobatic category reciprocating engine-
powered airplanes of more than 6,000 pounds maximum weight, and turbine
engine-powered airplanes in the normal, utility, and acrobatic
category, the steady gradient of climb or descent must be determined at
each weight, altitude, and ambient temperature within the operational
limits established by the applicant with--
(a) The critical engine inoperative and its propeller in the
position it rapidly and automatically assumes;
(b) The remaining engine(s) at takeoff power;
(c) The landing gear extended, except that if the landing gear can
be retracted in not more than seven seconds, the test may be conducted
with the gear retracted;
(d) The wing flaps in the takeoff position(s):
(e) The wings level; and
(f) A climb speed equal to that achieved at 50 feet in the
demonstration of Sec. 23.53.
17. Section 23.67 is revised to read as follows:
Sec. 23.67 Climb: One engine inoperative.
(a) For normal, utility, and acrobatic category reciprocating
engine-powered airplanes of 6,000 pounds or less maximum weight, the
following apply:
(1) Except for those airplanes that meet the requirements
prescribed in Sec. 23.562(d), each airplane with a VSO of more
than 61 knots must be able to maintain a steady climb gradient of at
least 1.5 percent at a pressure altitude of 5,000 feet with the--
(i) Critical engine inoperative and its propeller in the minimum
drag position;
(ii) Remaining engine(s) at not more than maximum continuous power;
(iii) Landing gear retracted;
(iv) Wing flaps retracted; and
(v) Climb speed not less than 1.2 VS1.
(2) For each airplane that meets the requirements prescribed in
Sec. 23.562(d), or that has a VSO of 61 knots or less, the steady
gradient of climb or descent at a pressure altitude of 5,000 feet must
be determined with the--
(i) Critical engine inoperative and its propeller in the minimum
drag position;
(ii) Remaining engine(s) at not more than maximum continuous power;
(iii) Landing gear retracted;
(iv) Wing flaps retracted; and
(v) Climb speed not less than 1.2VS1.
(b) For normal, utility, and acrobatic category reciprocating
engine-powered airplanes of more than 6,000 pounds maximum weight, and
turbine engine-powered airplanes in the normal, utility, and acrobatic
category--
(1) The steady gradient of climb at an altitude of 400 feet above
the takeoff must be measurably positive with the--
(i) Critical engine inoperative and its propeller in the minimum
drag position;
(ii) Remaining engine(s) at takeoff power;
(iii) Landing gear retracted;
(iv) Wing flaps in the takeoff position(s); and
(v) Climb speed equal to that achieved at 50 feet in the
demonstration of Sec. 23.53.
(2) The steady gradient of climb must not be less than 0.75 percent
at an altitude of 1,500 feet above the takeoff surface, or landing
surface, as appropriate, with the--
(i) Critical engine inoperative and its propeller in the minimum
drag position;
(ii) Remaining engine(s) at not more than maximum continuous power;
(iii) Landing gear retracted;
(iv) Wing flaps retracted; and
[[Page 5187]]
(v) Climb speed not less than 1.2 VS1.
(c) For commuter category airplanes, the following apply:
(1) Takeoff; landing gear extended. The steady gradient of climb at
the altitude of the takeoff surface must be measurably positive for
two-engine airplanes, not less than 0.3 percent for three-engine
airplanes, or 0.5 percent for four-engine airplanes with--
(i) The critical engine inoperative and its propeller in the
position it rapidly and automatically assumes;
(ii) The remaining engine(s) at takeoff power;
(iii) The landing gear extended, and all landing gear doors open;
(iv) The wing flaps in the takeoff position(s);
(v) The wings level; and
(vi) A climb speed equal to V2.
(2) Takeoff; landing gear retracted. The steady gradient of climb
at an altitude of 400 feet above the takeoff surface must be not less
than 2.0 percent of two-engine airplanes, 2.3 percent for three-engine
airplanes, and 2.6 percent for four-engine airplanes with--
(i) The critical engine inoperative and its propeller in the
position it rapidly and automatically assumes;
(ii) The remaining engine(s) at takeoff power;
(iii) The landing gear retracted;
(iv) The wing flaps in the takeoff position(s);
(v) A climb speed equal to V2.
(3) Enroute. The steady gradient of climb at an altitude of 1,500
feet above the takeoff or landing surface, as appropriate, must be not
less than 1.2 percent for two-engine airplanes, 1.5 percent for three-
engine airplanes, and 1.7 percent for four-engine airplanes with--
(i) The critical engine inoperative and its propeller in the
minimum drag position;
(ii) The remaining engine(s) at not more than maximum continuous
power;
(iii) The landing gear retracted;
(iv) The wing flaps retracted; and
(v) A climb speed not less than 1.2 VS1.
(4) Discontinued approach. The steady gradient of climb at an
altitude of 400 feet above the landing surface must be not less than
2.1 percent for two-engine airplanes, 2.4 percent for three-engine
airplanes, and 2.7 percent for four-engine airplanes, with--
(i) The critical engine inoperative and its propeller in the
minimum drag position;
(ii) The remaining engine(s) at takeoff power;
(iii) Landing gear retracted;
(iv) Wing flaps in the approach position(s) in which VS1 for
these position(s) does not exceed 110 percent of the VS1 for the
related all-engines-operated landing position(s); and
(v) A climb speed established in connection with normal landing
procedures but not exceeding 1.5 VS1.
18. A new Sec. 23.69 is added to read as follows:
Sec. 23.69 Enroute climb/descent.
(a) All engines operating. The steady gradient and rate of climb
must be determined at each weight, altitude, and ambient temperature
within the operational limits established by the applicant with--
(1) Not more than maximum continuous power on each engine;
(2) The landing gear retracted;
(3) The wing flaps retracted; and
(4) A climb speed not less than 1.3 VS1.
(b) One engine inoperative. The steady gradient and rate of climb/
descent must be determined at each weight, altitude, and ambient
temperature within the operational limits established by the applicant
with--
(1) The critical engine inoperative and its propeller in the
minimum drag position;
(2) The remaining engine(s) at not more than maximum continuous
power;
(3) The landing gear retracted;
(4) The wing flaps retracted; and
(5) A climb speed not less than 1.2 VS1.
19. A new Sec. 23.71 is added to read as follows:
Sec. 23.71 Glide: Single-engine airplanes.
The maximum horizontal distance traveled in still air, in nautical
miles, per 1,000 feet of altitude lost in a glide, and the speed
necessary to achieve this must be determined with the engine
inoperative, its propeller in the minimum drag position, and landing
gear and wing flaps in the most favorable available position.
20. A new Sec. 23.73 is added to read as follows:
Sec. 23.73 Reference landing approach speed.
(a) For normal, utility, and acrobatic category reciprocating
engine-powered airplanes of 6,000 pounds or less maximum weight, the
reference landing approach speed, VREF, must not be less than the
greater of VMC, determined in Sec. 23.149(b) with the wing flaps
in the most extended takeoff position, and 1.3 VSO.
(b) For normal, utility, and acrobatic category reciprocating
engine-powered airplanes of more than 6,000 pounds maximum weight, and
turbine engine-powered airplanes in the normal, utility, and acrobatic
category, the reference landing approach speed, VREF, must not be
less than the greater of VMC, determined in Sec. 23.149(c), and
1.3 VSO.
(c) For commuter category airplanes, the reference landing approach
speed, VREF, must not be less than the greater of 1.05 VMC,
determined in Sec. 23.149(c), and 1.3 VSO.
21. Section 23.75 is amended by revising the section heading,
introductory text, the introductory text of paragraph (a), and
paragraphs (b), (d), (e), and (f); and by removing paragraph (h), to
read as follows:
Sec. 23.75 Landing distance.
The horizontal distance necessary to land and come to a complete
stop from a point 50 feet above the landing surface must be determined,
for standard temperatures at each weight and altitude within the
operational limits established for landing, as follows:
(a) A steady approach at not less than VREF, determined in
accordance with Sec. 23.73 (a), (b), or (c), as appropriate, must be
maintained down to the 50 foot height and--
* * * * *
(b) A constant configuration must be maintained throughout the
maneuver.
* * * * *
(d) It must be shown that a safe transition to the balked landing
conditions of Sec. 23.77 can be made from the conditions that exist at
the 50 foot height, at maximum landing weight, or at the maximum
landing weight for altitude and temperature of Sec. 23.63 (c)(2) or
(d)(2), as appropriate.
(e) The brakes must be used so as to not cause excessive wear of
brakes or tires.
(f) Retardation means other than wheel brakes may be used if that
means--
(1) Is safe and reliable; and
(2) Is used so that consistent results can be expected in service.
* * * * *
22. Section 23.77 is revised to read as follows:
Sec. 23.77 Balked landing.
(a) Each normal, utility, and acrobatic category reciprocating
engine-powered airplane at 6,000 pounds or less maximum weight must be
able to maintain a steady gradient of climb at sea level of at least
3.3 percent with--
(1) Takeoff power on each engine;
(2) The landing gear extended;
(3) The wing flaps in the landing position, except that if the
flaps may safely be retracted in two seconds or less without loss of
altitude and without sudden changes of angle of attack, they may be
retracted; and
[[Page 5188]]
(4) A climb speed equal to VREF, as defined in Sec. 23.73(a).
(b) Each normal, utility, and acrobatic category reciprocating
engine-powered airplane of more than 6,000 pounds maximum weight and
each normal, utility, and acrobatic category turbine engine-powered
airplane must be able to maintain a steady gradient of climb of at
least 2.5 percent with--
(1) Not more than the power that is available on each engine eight
seconds after initiation of movement of the power controls from minimum
flight-idle position;
(2) The landing gear extended;
(3) The wing flaps in the landing position; and
(4) A climb speed equal to VREF, as defined in Sec. 23.73(b).
(c) Each commuter category airplane must be able to maintain a
steady gradient of climb of at least 3.2 percent with--
(1) Not more than the power that is available on each engine eight
seconds after initiation of movement of the power controls from the
minimum flight idle position;
(2) Landing gear extended;
(3) Wing flaps in the landing position; and
(4) A climb speed equal to VREF, as defined in Sec. 23.73(c).
23. Section 23.143 is amended by revising paragraphs (a) and (c) to
read as follows:
Sec. 23.143 General.
(a) The airplane must be safely controllable and maneuverable
during all flight phases including--
(1) Takeoff;
(2) Climb;
(3) Level flight;
(4) Descent;
(5) Go-around; and
(6) Landing (power on and power off) with the wing flaps extended
and retracted.
* * * * *
(c) If marginal conditions exist with regard to required pilot
strength, the control forces necessary must be determined by
quantitative tests. In no case may the control forces under the
conditions specified in paragraphs (a) and (b) of this section exceed
those prescribed in the following table:
------------------------------------------------------------------------
Values in pounds force applied to the
relevant control Pitch Roll Yaw
------------------------------------------------------------------------
(a) For temporary application:
Stick...................................... 60 30 .......
Wheel (Two hands on rim)................... 75 50 .......
Wheel (One hand on rim).................... 50 25 .......
Rudder Pedal............................... ....... ....... 150
(b) For prolonged application................ 10 5 20
------------------------------------------------------------------------
24. Section 23.145 is amended by revising paragraph (b)
introductory text, paragraphs (b)(2) through (b)(5); adding a new
paragraph (b)(6); and revising paragraphs (c) and (d) to read as
follows:
Sec. 23.145 Longitudinal control.
* * * * *
(b) Unless otherwise required, it must be possible to carry out the
following maneuvers without requiring the application of single-handed
control forces exceeding those specified in Sec. 23.143(c). The
trimming controls must not be adjusted during the maneuvers:
* * * * *
(2) With landing gear and flaps extended, power off, and the
airplane as nearly as possible in trim at 1.3 VSO, quickly apply
takeoff power and retract the flaps as rapidly as possible to the
recommended go around setting and allow the airspeed to transition from
1.3 VSO to 1.3 VS1. Retract the gear when a positive rate of
climb is established.
(3) With landing gear and flaps extended, in level flight, power
necessary to attain level flight at 1.1 VSO, and the airplane as
nearly as possible in trim, it must be possible to maintain
approximately level flight while retracting the flaps as rapidly as
possible with simultaneous application of not more than maximum
continuous power. If gated flat positions are provided, the flap
retraction may be demonstrated in stages with power and trim reset for
level flight at 1.1 VS1, in the initial configuration for each
stage--
(i) From the fully extended position to the most extended gated
position;
(ii) Between intermediate gated positions, if applicable; and
(iii) From the least extended gated position to the fully retracted
position.
(4) With power off, flaps and landing gear retracted and the
airplane as nearly as possible in trim at 1.4 VS1, apply takeoff
power rapidly while maintaining the same airspeed.
(5) With power off, landing gear and flaps extended, and the
airplane as nearly as possible in trim at VREF, obtain and
maintain airspeeds between 1.1 VSO, and either 1.7 VSO or
VFE, whichever is lower without requiring the application of two-
handed control forces exceeding those specified in Sec. 23.143(c).
(6) With maximum takeoff power, landing gear retracted, flaps in
the takeoff position, and the airplane as nearly as possible in trim at
VFE appropriate to the takeoff flap position, retract the flaps as
rapidly as possible while maintaining constant speed.
(c) At speeds above VMO/MMO, and up to the maximum speed
shown under Sec. 23.251, a maneuvering capability of 1.5 g must be
demonstrated to provide a margin to recover from upset or inadvertent
speed increase.
(d) It must be possible, with a pilot control force of not more
than 10 pounds, to maintain a speed of not more than VREF during a
power-off glide with landing gear and wing flaps extended, for any
weight of the airplane, up to and including the maximum weight.
* * * * *
25. Section 23.147 is revised to read as follows:
Sec. 23.147 Directional and lateral control.
(a) For each multiengine airplane, it must be possible, while
holding the wings level within five degrees, to make sudden changes in
heading safely in both directions. This ability must be shown at 1.4
VS1 with heading changes up to 15 degrees, except that the heading
change at which the rudder force corresponds to the limits specified in
Sec. 23.143 need not be exceeded, with the--
(1) Critical engine inoperative and its propeller in the minimum
drag position;
(2) Remaining engines at maximum continuous power;
(3) Landing gear--
(i) Retracted; and
(ii) Extended; and
(4) Flaps retracted.
(b) For each multiengine airplane, it must be possible to regain
full control of the airplane without exceeding a bank angle of 45
degrees, reaching a dangerous attitude or encountering dangerous
characteristics, in the event of a sudden and complete failure of the
critical engine, making allowance for a delay of two seconds in the
initiation of recovery action appropriate to the situation, with the
airplane initially in trim, in the following condition:
(1) Maximum continuous power on each engine;
(2) The wing flaps retracted;
(3) The landing gear retracted;
(4) A speed equal to that at which compliance with Sec. 23.69(a)
has been shown; and
[[Page 5189]]
(5) All propeller controls in the position at which compliance with
Sec. 23.69(a) has been shown.
(c) For all airplanes, it must be shown that the airplane is safely
controllable without the use of the primary lateral control system in
any all-engine configuration(s) and at any speed or altitude within the
approved operating envelope. It must also be shown that the airplane's
flight characteristics are not impaired below a level needed to permit
continued safe flight and the ability to maintain attitudes suitable
for a controlled landing without exceeding the operational and
structural limitations of the airplane. If a single failure of any one
connecting or transmitting link in the lateral control system would
also cause the loss of additional control system(s), compliance with
the above requirement must be shown with those additional systems also
assumed to be inoperative.
26. Section 23.149 is revised to read as follows:
Sec. 23.149 Minimum control speed.
(a) VMC is the calibrated airspeed at which, when the critical
engine is suddenly made inoperative, it is possible to maintain control
of the airplane with that engine still inoperative, and thereafter
maintain straight flight at the same speed with an angle of bank of not
more than 5 degrees. The method used to simulate critical engine
failure must represent the most critical mode of powerplant failure
expected in service with respect to controllability.
(b) VMC for takeoff must not exceed 1.2 VS1, where
VS1 is determined at the maximum takeoff weight. VMC must be
determined with the most unfavorable weight and center of gravity
position and with the airplane airborne and the ground effect
negligible, for the takeoff configuration(s) with--
(1) Maximum available takeoff power initially on each engine;
(2) The airplane trimmed for takeoff;
(3) Flaps in the takeoff position(s);
(4) Landing gear retracted; and
(5) All propeller controls in the recommended takeoff position
throughout.
(c) For all airplanes except reciprocating engine-powered airplanes
of 6,000 pounds or less maximum weight, the conditions of paragraph (a)
of this section must also be met for the landing configuration with--
(1) Maximum available takeoff power initially on each engine;
(2) The airplane trimmed for an approach, with all engines
operating, at VREF, at an approach gradient equal to the steepest
used in the landing distance demonstration of Sec. 23.75;
(3) Flaps in the landing position;
(4) Landing gear extended; and
(5) All propeller controls in the position recommended for approach
with all engines operating.
(d) A minimum speed to intentionally render the critical engine
inoperative must be established and designated as the safe,
intentional, one-engine-inoperative speed, VSSE.
(e) At VMC, the rudder pedal force required to maintain
control must not exceed 150 pounds and it must not be necessary to
reduce power of the operative engine(s). During the maneuver, the
airplane must not assume any dangerous attitude and it must be possible
to prevent a heading change of more than 20 degrees.
(f) At the option of the applicant, to comply with the requirements
of Sec. 23.51(c)(1), VMCG may be determined. VMCG is the
minimum control speed on the ground, and is the calibrated airspeed
during the takeoff run at which, when the critical engine is suddenly
made inoperative, it is possible to maintain control of the airplane
using the rudder control alone (without the use of nosewheel steering),
as limited by 150 pounds of force, and using the lateral control to the
extent of keeping the wings level to enable the takeoff to be safely
continued. In the determination of VMCG, assuming that the path of
the airplane accelerating with all engines operating is along the
centerline of the runway, its path from the point at which the critical
engine is made inoperative to the point at which recovery to a
direction parallel to the centerline is completed may not deviate more
than 30 feet laterally from the centerline at any point. VMCG must
be established with--
(1) The airplane in each takeoff configuration or, at the option of
the applicant, in the most critical takeoff configuration;
(2) Maximum available takeoff power on the operating engines;
(3) The most unfavorable center of gravity;
(4) The airplane trimmed for takeoff; and
(5) The most unfavorable weight in the range of takeoff weights.
27. Section 23.153 is revised to read as follows:
Sec. 23.153 Control during landings.
It must be possible, while in the landing configuration, to safely
complete a landing without exceeding the one-hand control force limits
specified in Sec. 23.143(c) following an approach to land--
(a) At a speed of VREF minus 5 knots;
(b) With the airplane in trim, or as nearly as possible in trim and
without the trimming control being moved throughout the maneuver;
(c) At an approach gradient equal to the steepest used in the
landing distance demonstration of Sec. 23.75; and
(d) With only those power changes, if any, that would be made when
landing normally from an approach at VREF.
28. Section 23.155 is amended by revising the introductory text of
paragraph (b) and paragraph (b)(1), and by adding a new paragraph (c)
to read as follows:
Sec. 23.155 Elevator control force in maneuvers.
* * * * *
(b) The requirement of paragraph (a) of this section must be met at
75 percent of maximum continuous power for reciprocating engines, or
the maximum continuous power for turbine engines, and with the wing
flaps and landing gear retracted--
(1) In a turn, with the trim setting used for wings level flight at
VO; and
* * * * *
(c) There must be no excessive decrease in the gradient of the
curve of stick force versus maneuvering load factor with increasing
load factor.
29. Section 23.157 is amended by revising paragraph (d) to read as
follows:
Sec. 23.157 Rate of roll.
* * * * *
(d) The requirement of paragraph (c) of this section must be met
when rolling the airplane in each direction in the following
conditions--
(1) Flaps in the landing position(s);
(2) Landing gear extended;
(3) All engines operating at the power for a 3 degree approach; and
(4) The airplane trimmed at VREF.
30. Section 23.161 is amended by revising paragraphs (a), (b)(1),
(b)(2), (c), the introductory text of paragraph (d), and (d)(4), and by
adding a new paragraph (e) to read as follows:
Sec. 23.161 Trim.
(a) General. Each airplane must meet the trim requirements of this
section after being trimmed and without further pressure upon, or
movement of, the primary controls or their corresponding trim controls
by the pilot or the automatic pilot. In addition, it must be possible,
in other conditions of loading, configuration, speed and power to
ensure that the pilot will not be unduly fatigued or distracted by the
need to apply residual control forces exceeding those for prolonged
application of
[[Page 5190]]
Sec. 23.143(c). This applies in normal operation of the airplane and,
if applicable, to those conditions associated with the failure of one
engine for which performance characteristics are established.
(b) * * *
(1) For normal, utility, and acrobatic category airplanes, at a
speed of 0.9 VH, VC, or VMO/MO, whichever is
lowest; and
(2) For commuter category airplanes, at all speeds from 1.4
VS1 to the lesser of VH or VMO/MMO.
(c) Longitudinal trim. The airplane must maintain longitudinal trim
under each of the following conditions:
(1) A climb with--
(i) Takeoff power, landing gear retracted, wing flaps in the
takeoff position(s), at the speeds used in determining the climb
performance required by Sec. 23.65; and
(ii) Maximum continuous power at the speeds and in the
configuration used in determining the climb performance required by
Sec. 23.69(a).
(2) Level flight at all speeds from the lesser of VH and
either VNO or VMO/MMO (as appropriate), to 1.4 VS1,
with the landing gear and flaps retracted.
(3) A descent at VNO or VMO/MMO, whichever is
applicable, with power off and with the landing gear and flaps
retracted.
(4) Approach with landing gear extended and with--
(i) A 3 degree angle of descent, with flaps retracted and at a
speed of 1.4 VS1;
(ii) A 3 degree angle of descent, flaps in the landing position(s)
at VREF; and
(iii) An approach gradient equal to the steepest used in the
landing distance demonstrations of Sec. 23.75, flaps in the landing
position(s) at VREF.
(d) In addition, each multiple airplane must maintain longitudinal
and directional trim, and the lateral control force must not exceed 5
pounds at the speed used in complying with Sec. 23.67(a), (b)(2), or
(c)(3), as appropriate, with--
* * * * *
(4) Wing flaps retracted; and
* * * * *
(e) In addition, each commuter category airplane for which, in the
determination of the takeoff path in accordance with Sec. 23.57, the
climb in the takeoff configuration at V2 extends beyond 400 feet
above the takeoff surface, it must be possible to reduce the
longitudinal and lateral control forces to 10 pounds and 5 pounds,
respectively, and the directional control force must not exceed 50
pounds at V2 with--
(1) The critical engine inoperative and its propeller in the
minimum drag position;
(2) The remaining engine(s) at takeoff power;
(3) Landing gear retracted;
(4) Wing flaps in the takeoff position(s); and
(5) An angle of bank not exceeding 5 degrees.
31. Section 23.175 is revised to read as follows:
Sec. 23.175 Demonstration of static longitudinal stability.
Static longitudinal stability must be shown as follows:
(a) Climb. The stick force curve must have a stable slope at speeds
between 85 and 115 percent of the trim speed, with--
(1) Flaps retracted;
(2) Landing gear retracted;
(3) Maximum continuous power; and
(4) The airplane trimmed at the speed used in determining the climb
performance required by Sec. 23.69(a).
(b) Cruise. With flaps and landing gear retracted and the airplane
in trim with power for level flight at representative cruising speeds
at high and low altitudes, including speeds up to VNO or VMO/
MMO, as appropriate, except that the speed need not exceed
VH--
(1) For normal, utility, and acrobatic category airplanes, the
stick force curve must have a stable slope at all speeds within a range
that is the greater of 15 percent of the trim speed plus the resulting
free return speed range, or 40 knots plus the resulting free return
speed range, above and below the trim speed, except that the slope need
not be stable--
(i) At speeds less than 1.3 VS1; or
(ii) For airplanes with VNE established under Sec. 23.1505(a),
at speeds greater than VNE; or
(iii) For airplanes with VMO/MMO established under
Sec. 23.1505(c), at speeds greater than VFC/MFC.
(2) For commuter category airplanes, the stick force curve must
have a stable slope at all speeds within a range of 50 knots plus the
resulting free return speed range, above and below the trim speed,
except that the slope need not be stable--
(i) At speeds less than 1.4 VS1; or
(ii) At speeds greater than VFC/MFC; or
(iii) At speeds that require a stick force greater than 50 pounds.
(c) Landing. The stick force curve must have a stable slope at
speeds between 1.1 VS1 and 1.8 VS1 with--
(1) Flaps in the landing position;
(2) Landing gear extended; and
(3) The airplane trimmed at--
(i) VREF, or the minimum trim speed if higher, with power off;
and
(ii) V