Download as pdf or txt
Download as pdf or txt
You are on page 1of 940

Title 14

Aeronautics and Space


Parts 1 to 59

Revised as of January 1, 2022

Containing a codification of documents


of general applicability and future effect

As of January 1, 2022

Published by the Office of the Federal Register


National Archives and Records Administration
as a Special Edition of the Federal Register
lhorne on DSKJLZT7X2PROD with CFR

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00001 Fmt 8091 Sfmt 8091 Y:\SGML\256046.XXX 256046
U.S. GOVERNMENT OFFICIAL EDITION NOTICE

Legal Status and Use of Seals and Logos


The seal of the National Archives and Records Administration
(NARA) authenticates the Code of Federal Regulations (CFR) as
the official codification of Federal regulations established under
the Federal Register Act. Under the provisions of 44 U.S.C. 1507, the
contents of the CFR, a special edition of the Federal Register, shall
be judicially noticed. The CFR is prima facie evidence of the origi-
nal documents published in the Federal Register (44 U.S.C. 1510).
It is prohibited to use NARA’s official seal and the stylized Code
of Federal Regulations logo on any republication of this material
without the express, written permission of the Archivist of the
United States or the Archivist’s designee. Any person using
NARA’s official seals and logos in a manner inconsistent with the
provisions of 36 CFR part 1200 is subject to the penalties specified
in 18 U.S.C. 506, 701, and 1017.

Use of ISBN Prefix


This is the Official U.S. Government edition of this publication
and is herein identified to certify its authenticity. Use of the 0–16
ISBN prefix is for U.S. Government Publishing Office Official Edi-
tions only. The Superintendent of Documents of the U.S. Govern-
ment Publishing Office requests that any reprinted edition clearly
be labeled as a copy of the authentic work with a new ISBN.

U.S. GOVERNMENT PUBLISHING OFFICE


e:\seals\archives.ai</GPH> e:\seals\gpologo2.eps</GPH>

U.S. Superintendent of Documents • Washington, DC 20402–0001


lhorne on DSKJLZT7X2PROD with CFR

http://bookstore.gpo.gov
Phone: toll-free (866) 512-1800; DC area (202) 512-1800

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00002 Fmt 8092 Sfmt 8092 Y:\SGML\256046.XXX 256046
Table of Contents
Page
Explanation ................................................................................................ v

Title 14:

Chapter I—Federal Aviation Administration, Department of


Transportation ............................................................................ 3

Finding Aids:

Table of CFR Titles and Chapters ....................................................... 893

Alphabetical List of Agencies Appearing in the CFR ......................... 913

List of CFR Sections Affected ............................................................. 923


lhorne on DSKJLZT7X2PROD with CFR

iii

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00003 Fmt 8092 Sfmt 8092 Y:\SGML\256046.XXX 256046
Cite this Code: CFR

To cite the regulations in


this volume use title,
part and section num-
ber. Thus, 14 CFR 1.1
refers to title 14, part 1,
section 1.
lhorne on DSKJLZT7X2PROD with CFR

iv

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00004 Fmt 8092 Sfmt 8092 Y:\SGML\256046.XXX 256046
Explanation
The Code of Federal Regulations is a codification of the general and permanent
rules published in the Federal Register by the Executive departments and agen-
cies of the Federal Government. The Code is divided into 50 titles which represent
broad areas subject to Federal regulation. Each title is divided into chapters
which usually bear the name of the issuing agency. Each chapter is further sub-
divided into parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year and issued
on a quarterly basis approximately as follows:
Title 1 through Title 16..............................................................as of January 1
Title 17 through Title 27 .................................................................as of April 1
Title 28 through Title 41 ..................................................................as of July 1
Title 42 through Title 50 .............................................................as of October 1
The appropriate revision date is printed on the cover of each volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially noticed (44
U.S.C. 1507). The Code of Federal Regulations is prima facie evidence of the text
of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual issues
of the Federal Register. These two publications must be used together to deter-
mine the latest version of any given rule.
To determine whether a Code volume has been amended since its revision date
(in this case, January 1, 2022), consult the ‘‘List of CFR Sections Affected (LSA),’’
which is issued monthly, and the ‘‘Cumulative List of Parts Affected,’’ which
appears in the Reader Aids section of the daily Federal Register. These two lists
will identify the Federal Register page number of the latest amendment of any
given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal Reg-
ister since the last revision of that volume of the Code. Source citations for
the regulations are referred to by volume number and page number of the Federal
Register and date of publication. Publication dates and effective dates are usu-
ally not the same and care must be exercised by the user in determining the
actual effective date. In instances where the effective date is beyond the cut-
off date for the Code a note has been inserted to reflect the future effective
date. In those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be inserted following
the text.
OMB CONTROL NUMBERS
lhorne on DSKJLZT7X2PROD with CFR

The Paperwork Reduction Act of 1980 (Pub. L. 96–511) requires Federal agencies
to display an OMB control number with their information collection request.

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00005 Fmt 8008 Sfmt 8092 Y:\SGML\256046.XXX 256046
Many agencies have begun publishing numerous OMB control numbers as amend-
ments to existing regulations in the CFR. These OMB numbers are placed as
close as possible to the applicable recordkeeping or reporting requirements.
PAST PROVISIONS OF THE CODE
Provisions of the Code that are no longer in force and effect as of the revision
date stated on the cover of each volume are not carried. Code users may find
the text of provisions in effect on any given date in the past by using the appro-
priate List of CFR Sections Affected (LSA). For the convenience of the reader,
a ‘‘List of CFR Sections Affected’’ is published at the end of each CFR volume.
For changes to the Code prior to the LSA listings at the end of the volume,
consult previous annual editions of the LSA. For changes to the Code prior to
2001, consult the List of CFR Sections Affected compilations, published for 1949-
1963, 1964-1972, 1973-1985, and 1986-2000.
‘‘[RESERVED]’’ TERMINOLOGY
The term ‘‘[Reserved]’’ is used as a place holder within the Code of Federal
Regulations. An agency may add regulatory information at a ‘‘[Reserved]’’ loca-
tion at any time. Occasionally ‘‘[Reserved]’’ is used editorially to indicate that
a portion of the CFR was left vacant and not dropped in error.
INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was established
by statute and allows Federal agencies to meet the requirement to publish regu-
lations in the Federal Register by referring to materials already published else-
where. For an incorporation to be valid, the Director of the Federal Register
must approve it. The legal effect of incorporation by reference is that the mate-
rial is treated as if it were published in full in the Federal Register (5 U.S.C.
552(a)). This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the Federal Register
will approve an incorporation by reference only when the requirements of 1 CFR
part 51 are met. Some of the elements on which approval is based are:
(a) The incorporation will substantially reduce the volume of material pub-
lished in the Federal Register.
(b) The matter incorporated is in fact available to the extent necessary to
afford fairness and uniformity in the administrative process.
(c) The incorporating document is drafted and submitted for publication in
accordance with 1 CFR part 51.
What if the material incorporated by reference cannot be found? If you have any
problem locating or obtaining a copy of material listed as an approved incorpora-
tion by reference, please contact the agency that issued the regulation containing
that incorporation. If, after contacting the agency, you find the material is not
available, please notify the Director of the Federal Register, National Archives
and Records Administration, 8601 Adelphi Road, College Park, MD 20740-6001, or
call 202-741-6010.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a separate
volume, revised annually as of January 1, entitled CFR INDEX AND FINDING AIDS.
This volume contains the Parallel Table of Authorities and Rules. A list of CFR
titles, chapters, subchapters, and parts and an alphabetical list of agencies pub-
lhorne on DSKJLZT7X2PROD with CFR

lishing in the CFR are also included in this volume.


An index to the text of ‘‘Title 3—The President’’ is carried within that volume.

vi

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00006 Fmt 8008 Sfmt 8092 Y:\SGML\256046.XXX 256046
The Federal Register Index is issued monthly in cumulative form. This index
is based on a consolidation of the ‘‘Contents’’ entries in the daily Federal Reg-
ister.
A List of CFR Sections Affected (LSA) is published monthly, keyed to the
revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing in the
Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this volume,
contact the issuing agency. The issuing agency’s name appears at the top of
odd-numbered pages.
For inquiries concerning CFR reference assistance, call 202–741–6000 or write
to the Director, Office of the Federal Register, National Archives and Records
Administration, 8601 Adelphi Road, College Park, MD 20740-6001 or e-mail
fedreg.info@nara.gov.
SALES
The Government Publishing Office (GPO) processes all sales and distribution
of the CFR. For payment by credit card, call toll-free, 866-512-1800, or DC area,
202-512-1800, M-F 8 a.m. to 4 p.m. e.s.t. or fax your order to 202-512-2104, 24 hours
a day. For payment by check, write to: US Government Publishing Office – New
Orders, P.O. Box 979050, St. Louis, MO 63197-9000.
ELECTRONIC SERVICES
The full text of the Code of Federal Regulations, the LSA (List of CFR Sections
Affected), The United States Government Manual, the Federal Register, Public
Laws, Public Papers of the Presidents of the United States, Compilation of Presi-
dential Documents and the Privacy Act Compilation are available in electronic
format via www.govinfo.gov. For more information, contact the GPO Customer
Contact Center, U.S. Government Publishing Office. Phone 202-512-1800, or 866-
512-1800 (toll-free). E-mail, ContactCenter@gpo.gov.
The Office of the Federal Register also offers a free service on the National
Archives and Records Administration’s (NARA) website for public law numbers,
Federal Register finding aids, and related information. Connect to NARA’s
website at www.archives.gov/federal-register.
The e-CFR is a regularly updated, unofficial editorial compilation of CFR ma-
terial and Federal Register amendments, produced by the Office of the Federal
Register and the Government Publishing Office. It is available at www.ecfr.gov.

OLIVER A. POTTS,
Director,
Office of the Federal Register
January 1, 2022.
lhorne on DSKJLZT7X2PROD with CFR

vii

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00007 Fmt 8008 Sfmt 8092 Y:\SGML\256046.XXX 256046
lhorne on DSKJLZT7X2PROD with CFR

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00008 Fmt 8008 Sfmt 8092 Y:\SGML\256046.XXX 256046
THIS TITLE

Title 14—AERONAUTICS AND SPACE is composed of five volumes. The parts in


these volumes are arranged in the following order: Parts 1–59, 60–109, 110–199, 200–
1199, and part 1200–End. The first three volumes containing parts 1–199 are com-
prised of chapter I—Federal Aviation Administration, Department of Transpor-
tation (DOT). The fourth volume containing parts 200–1199 is comprised of chapter
II—Office of the Secretary, DOT (Aviation Proceedings) and chapter III—Com-
mercial Space Transportation, Federal Aviation Administration, DOT. The fifth
volume containing part 1200–End is comprised of chapter V—National Aero-
nautics and Space Administration and chapter VI—Air Transportation System
Stabilization. The contents of these volumes represent all current regulations
codified under this title of the CFR as of January 1, 2022.

For this volume, Susannah C. Hurley was Chief Editor. The Code of Federal
Regulations publication program is under the direction of John Hyrum Martinez,
assisted by Stephen J. Frattini.
lhorne on DSKJLZT7X2PROD with CFR

ix

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00009 Fmt 8092 Sfmt 8092 Y:\SGML\256046.XXX 256046
lhorne on DSKJLZT7X2PROD with CFR

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00010 Fmt 8092 Sfmt 8092 Y:\SGML\256046.XXX 256046
Title 14—Aeronautics
and Space
(This book contains parts 1 to 59)

Part

CHAPTER I—Federal Aviation Administration, Department


of Transportation ............................................................... 1
lhorne on DSKJLZT7X2PROD with CFR

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00011 Fmt 8008 Sfmt 8008 Y:\SGML\256046.XXX 256046
lhorne on DSKJLZT7X2PROD with CFR

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00012 Fmt 8008 Sfmt 8008 Y:\SGML\256046.XXX 256046
CHAPTER I—FEDERAL AVIATION
ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION

SUBCHAPTER A—DEFINITIONS AND GENERAL REQUIREMENTS

Part Page
1 Definitions and abbreviations ................................. 5
3 General requirements .............................................. 20
5 Safety management systems ................................... 22
SUBCHAPTER B—PROCEDURAL RULES

11 General rulemaking procedures .............................. 27


13 Investigative and enforcement procedures .............. 37
14 Rules implementing the Equal Access to Justice
Act of 1980 ............................................................ 81
15 Administrative claims under Federal Tort Claims
Act ....................................................................... 87
16 Rules of practice for Federally-assisted airport en-
forcement proceedings. ........................................ 92
17 Procedures for protests and contract disputes ........ 113
SUBCHAPTER C—AIRCRAFT

21 Certification procedures for products and articles 130


23 Airworthiness standards: Normal category air-
planes ................................................................... 175
25 Airworthiness standards: Transport category air-
planes ................................................................... 194
26 Continued airworthiness and safety improvements
for transport category airplanes .......................... 469
27 Airworthiness standards: Normal category rotor-
craft ..................................................................... 484
29 Airworthiness standards: Transport category
rotorcraft ............................................................. 570
31 Airworthiness standards: Manned free balloons ...... 690
33 Airworthiness standards: Aircraft engines .............. 697
lhorne on DSKJLZT7X2PROD with CFR

34 Fuel venting and exhaust emission requirements


for turbine engine powered airplanes ................... 742

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00013 Fmt 8008 Sfmt 8008 Y:\SGML\256046.XXX 256046
14 CFR Ch. I (1–1–22 Edition)

Part Page
35 Airworthiness standards: Propellers ....................... 754
36 Noise standards: Aircraft type and airworthiness
certification ......................................................... 762
39 Airworthiness directives ......................................... 841
43 Maintenance, preventive maintenance, rebuilding,
and alteration ...................................................... 843
45 Identification and registration marking ................. 859
47 Aircraft registration ............................................... 865
48 Registration and marking requirements for small
unmanned aircraft ............................................... 880
49 Recording of aircraft titles and security docu-
ments ................................................................... 884
50–59 [Reserved]
lhorne on DSKJLZT7X2PROD with CFR

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00014 Fmt 8008 Sfmt 8008 Y:\SGML\256046.XXX 256046
SUBCHAPTER A—DEFINITIONS AND GENERAL
REQUIREMENTS

PART 1—DEFINITIONS AND Airport means an area of land or


ABBREVIATIONS water that is used or intended to be
used for the landing and takeoff of air-
Sec. craft, and includes its buildings and fa-
1.1 General definitions. cilities, if any.
1.2 Abbreviations and symbols. Airship means an engine-driven light-
1.3 Rules of construction. er-than-air aircraft that can be steered.
AUTHORITY: 49 U.S.C. 106(f), 106(g), 40113, Air traffic means aircraft operating in
44701. the air or on an airport surface, exclu-
sive of loading ramps and parking
§ 1.1 General definitions. areas.
As used in Subchapters A through K Air traffic clearance means an author-
of this chapter, unless the context re- ization by air traffic control, for the
quires otherwise: purpose of preventing collision between
Administrator means the Federal known aircraft, for an aircraft to pro-
Aviation Administrator or any person ceed under specified traffic conditions
to whom he has delegated his authority within controlled airspace.
in the matter concerned. Air traffic control means a service op-
Aerodynamic coefficients means non- erated by appropriate authority to pro-
dimensional coefficients for aero- mote the safe, orderly, and expeditious
dynamic forces and moments. flow of air traffic.
Air carrier means a person who under- Air Traffic Service (ATS) route is a
takes directly by lease, or other ar- specified route designated for chan-
rangement, to engage in air transpor- neling the flow of traffic as necessary
tation. for the provision of air traffic services.
Air commerce means interstate, over- The term ‘‘ATS route’’ refers to a vari-
seas, or foreign air commerce or the ety of airways, including jet routes,
transportation of mail by aircraft or area navigation (RNAV) routes, and ar-
any operation or navigation of aircraft rival and departure routes. An ATS
within the limits of any Federal airway route is defined by route specifications,
or any operation or navigation of air- which may include:
craft which directly affects, or which (1) An ATS route designator;
may endanger safety in, interstate, (2) The path to or from significant
overseas, or foreign air commerce. points;
Aircraft means a device that is used (3) Distance between significant
or intended to be used for flight in the points;
air. (4) Reporting requirements; and
Aircraft engine means an engine that (5) The lowest safe altitude deter-
is used or intended to be used for pro- mined by the appropriate authority.
pelling aircraft. It includes turbo- Air transportation means interstate,
superchargers, appurtenances, and ac- overseas, or foreign air transportation
cessories necessary for its functioning, or the transportation of mail by air-
but does not include propellers. craft.
Airframe means the fuselage, booms, Alert Area. An alert area is estab-
nacelles, cowlings, fairings, airfoil sur- lished to inform pilots of a specific
faces (including rotors but excluding area wherein a high volume of pilot
propellers and rotating airfoils of en- training or an unusual type of aero-
gines), and landing gear of an aircraft nautical activity is conducted.
and their accessories and controls. Alternate airport means an airport at
Airplane means an engine-driven which an aircraft may land if a landing
fixed-wing aircraft heavier than air, at the intended airport becomes inad-
that is supported in flight by the dy- visable.
lhorne on DSKJLZT7X2PROD with CFR

namic reaction of the air against its Altitude engine means a reciprocating
wings. aircraft engine having a rated takeoff

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00015 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 1.1 14 CFR Ch. I (1–1–22 Edition)

power that is producible from sea level for position and instrument error. Cali-
to an established higher altitude. brated airspeed is equal to true air-
Amateur rocket means an unmanned speed in standard atmosphere at sea
rocket that: level.
(1) Is propelled by a motor or motors Canard means the forward wing of a
having a combined total impulse of canard configuration and may be a
889,600 Newton-seconds (200,000 pound- fixed, movable, or variable geometry
seconds) or less; and surface, with or without control sur-
(2) Cannot reach an altitude greater faces.
than 150 kilometers (93.2 statute miles) Canard configuration means a configu-
above the earth’s surface. ration in which the span of the forward
Appliance means any instrument, wing is substantially less than that of
mechanism, equipment, part, appa- the main wing.
ratus, appurtenance, or accessory, in- Category:
cluding communications equipment,
(1) As used with respect to the cer-
that is used or intended to be used in
tification, ratings, privileges, and limi-
operating or controlling an aircraft in
tations of airmen, means a broad clas-
flight, is installed in or attached to the
sification of aircraft. Examples in-
aircraft, and is not part of an airframe,
clude: airplane; rotorcraft; glider; and
engine, or propeller.
lighter-than-air; and
Approved, unless used with reference
to another person, means approved by (2) As used with respect to the cer-
the FAA or any person to whom the tification of aircraft, means a grouping
FAA has delegated its authority in the of aircraft based upon intended use or
matter concerned, or approved under operating limitations. Examples in-
the provisions of a bilateral agreement clude: transport, normal, utility, acro-
between the United States and a for- batic, limited, restricted, and provi-
eign country or jurisdiction. sional.
Area navigation (RNAV) is a method Category A, with respect to transport
of navigation that permits aircraft op- category rotorcraft, means multien-
erations on any desired flight path. gine rotorcraft designed with engine
Area navigation (RNAV) route is an and system isolation features specified
ATS route based on RNAV that can be in Part 29 and utilizing scheduled take-
used by suitably equipped aircraft. off and landing operations under a crit-
Armed Forces means the Army, Navy, ical engine failure concept which
Air Force, Marine Corps, and Coast assures adequate designated surface
Guard, including their regular and re- area and adequate performance capa-
serve components and members serving bility for continued safe flight in the
without component status. event of engine failure.
Autorotation means a rotorcraft flight Category B, with respect to transport
condition in which the lifting rotor is category rotorcraft, means single-en-
driven entirely by action of the air gine or multiengine rotorcraft which
when the rotorcraft is in motion. do not fully meet all Category A stand-
Auxiliary rotor means a rotor that ards. Category B rotorcraft have no
serves either to counteract the effect of guaranteed stay-up ability in the event
the main rotor torque on a rotorcraft of engine failure and unscheduled land-
or to maneuver the rotorcraft about ing is assumed.
one or more of its three principal axes. Category II operations, with respect to
Balloon means a lighter-than-air air- the operation of aircraft, means a
craft that is not engine driven, and straight-in ILS approach to the runway
that sustains flight through the use of of an airport under a Category II ILS
either gas buoyancy or an airborne instrument approach procedure issued
heater. by the Administrator or other appro-
Brake horsepower means the power de- priate authority.
livered at the propeller shaft (main Category III operations, with respect
drive or main output) of an aircraft en- to the operation of aircraft, means an
gine. ILS approach to, and landing on, the
lhorne on DSKJLZT7X2PROD with CFR

Calibrated airspeed means the indi- runway of an airport using a Category


cated airspeed of an aircraft, corrected III ILS instrument approach procedure

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00016 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 1.1

issued by the Administrator or other Commercial operator means a person


appropriate authority. who, for compensation or hire, engages
Ceiling means the height above the in the carriage by aircraft in air com-
earth’s surface of the lowest layer of merce of persons or property, other
clouds or obscuring phenomena that is than as an air carrier or foreign air
reported as ‘‘broken’’, ‘‘overcast’’, or carrier or under the authority of Part
‘‘obscuration’’, and not classified as 375 of this title. Where it is doubtful
‘‘thin’’ or ‘‘partial’’. that an operation is for ‘‘compensation
Civil aircraft means aircraft other or hire’’, the test applied is whether
than public aircraft. the carriage by air is merely incidental
Class: to the person’s other business or is, in
(1) As used with respect to the cer- itself, a major enterprise for profit.
tification, ratings, privileges, and limi- Configuration, Maintenance, and Pro-
tations of airmen, means a classifica- cedures (CMP) document means a docu-
tion of aircraft within a category hav- ment approved by the FAA that con-
ing similar operating characteristics. tains minimum configuration, oper-
Examples include: single engine; multi- ating, and maintenance requirements,
engine; land; water; gyroplane; heli- hardware life-limits, and Master Min-
copter; airship; and free balloon; and imum Equipment List (MMEL) con-
(2) As used with respect to the cer- straints necessary for an airplane-en-
tification of aircraft, means a broad gine combination to meet ETOPS type
grouping of aircraft having similar design approval requirements.
characteristics of propulsion, flight, or Consensus standard means, for the
landing. Examples include: airplane; purpose of certificating light-sport air-
rotorcraft; glider; balloon; landplane; craft, an industry-developed consensus
and seaplane. standard that applies to aircraft de-
Clearway means: sign, production, and airworthiness. It
(1) For turbine engine powered air- includes, but is not limited to, stand-
planes certificated after August 29, ards for aircraft design and perform-
1959, an area beyond the runway, not ance, required equipment, manufac-
less than 500 feet wide, centrally lo- turer quality assurance systems, pro-
cated about the extended centerline of duction acceptance test procedures, op-
the runway, and under the control of erating instructions, maintenance and
the airport authorities. The clearway inspection procedures, identification
is expressed in terms of a clearway and recording of major repairs and
plane, extending from the end of the major alterations, and continued air-
runway with an upward slope not ex- worthiness.
Controlled airspace means an airspace
ceeding 1.25 percent, above which no
of defined dimensions within which air
object nor any terrain protrudes. How-
traffic control service is provided to
ever, threshold lights may protrude
IFR flights and to VFR flights in ac-
above the plane if their height above
cordance with the airspace classifica-
the end of the runway is 26 inches or
tion.
less and if they are located to each side
of the runway. NOTE: Controlled airspace is a generic term
(2) For turbine engine powered air- that covers Class A, Class B, Class C, Class
planes certificated after September 30, D, and Class E airspace.
1958, but before August 30, 1959, an area Controlled Firing Area. A controlled
beyond the takeoff runway extending firing area is established to contain ac-
no less than 300 feet on either side of tivities, which if not conducted in a
the extended centerline of the runway, controlled environment, would be haz-
at an elevation no higher than the ele- ardous to nonparticipating aircraft.
vation of the end of the runway, clear Crewmember means a person assigned
of all fixed obstacles, and under the to perform duty in an aircraft during
control of the airport authorities. flight time.
Climbout speed, with respect to rotor- Critical altitude means the maximum
craft, means a referenced airspeed altitude at which, in standard atmos-
which results in a flight path clear of phere, it is possible to maintain, at a
lhorne on DSKJLZT7X2PROD with CFR

the height-velocity envelope during specified rotational speed, a specified


initial climbout. power or a specified manifold pressure.

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00017 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 1.1 14 CFR Ch. I (1–1–22 Edition)

Unless otherwise stated, the critical al- vide a display of the forward external
titude is the maximum altitude at scene topography (the natural or man-
which it is possible to maintain, at the made features of a place or region espe-
maximum continuous rotational speed, cially in a way to show their relative
one of the following: positions and elevation) through the
(1) The maximum continuous power, use of imaging sensors, including but
in the case of engines for which this not limited to forward-looking infra-
power rating is the same at sea level red, millimeter wave radiometry, milli-
and at the rated altitude. meter wave radar, or low-light level
(2) The maximum continuous rated image intensification. An EFVS in-
manifold pressure, in the case of en- cludes the display element, sensors,
gines, the maximum continuous power
computers and power supplies, indica-
of which is governed by a constant
tions, and controls.
manifold pressure.
Critical engine means the engine Equivalent airspeed means the cali-
whose failure would most adversely af- brated airspeed of an aircraft corrected
fect the performance or handling quali- for adiabatic compressible flow for the
ties of an aircraft. particular altitude. Equivalent air-
Decision altitude (DA) is a specified al- speed is equal to calibrated airspeed in
titude in an instrument approach pro- standard atmosphere at sea level.
cedure at which the pilot must decide ETOPS Significant System means an
whether to initiate an immediate airplane system, including the propul-
missed approach if the pilot does not sion system, the failure or malfunc-
see the required visual reference, or to tioning of which could adversely affect
continue the approach. Decision alti- the safety of an ETOPS flight, or the
tude is expressed in feet above mean continued safe flight and landing of an
sea level. airplane during an ETOPS diversion.
Decision height (DH) is a specified Each ETOPS significant system is ei-
height above the ground in an instru- ther an ETOPS group 1 significant sys-
ment approach procedure at which the tem or an ETOPS group 2 significant
pilot must decide whether to initiate system.
an immediate missed approach if the
(1) An ETOPS group 1 Significant
pilot does not see the required visual
System—
reference, or to continue the approach.
Decision height is expressed in feet (i) Has fail-safe characteristics di-
above ground level. rectly linked to the degree of redun-
Early ETOPS means ETOPS type de- dancy provided by the number of en-
sign approval obtained without gaining gines on the airplane.
non-ETOPS service experience on the (ii) Is a system, the failure or mal-
candidate airplane-engine combination function of which could result in an
certified for ETOPS. IFSD, loss of thrust control, or other
EFVS operation means an operation in power loss.
which visibility conditions require an (iii) Contributes significantly to the
EFVS to be used in lieu of natural vi- safety of an ETOPS diversion by pro-
sion to perform an approach or landing, viding additional redundancy for any
determine enhanced flight visibility, system power source lost as a result of
identify required visual references, or an inoperative engine.
conduct a rollout. (iv) Is essential for prolonged oper-
Enhanced flight visibility (EFV) means ation of an airplane at engine inoper-
the average forward horizontal dis- ative altitudes.
tance, from the cockpit of an aircraft
(2) An ETOPS group 2 significant sys-
in flight, at which prominent topo-
tem is an ETOPS significant system
graphical objects may be clearly dis-
tinguished and identified by day or that is not an ETOPS group 1 signifi-
night by a pilot using an enhanced cant system.
flight vision system. Extended Operations (ETOPS) means
Enhanced flight vision system (EFVS) an airplane flight operation, other than
lhorne on DSKJLZT7X2PROD with CFR

means an installed aircraft system an all-cargo operation in an airplane


which uses an electronic means to pro- with more than two engines, during

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00018 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 1.1

which a portion of the flight is con- (2) With respect to fluid-carrying


ducted beyond a time threshold identi- lines, fluid system parts, wiring, air
fied in part 121 or part 135 of this chap- ducts, fittings, and powerplant con-
ter that is determined using an ap- trols, means the capacity to perform
proved one-engine-inoperative cruise the intended functions under the heat
speed under standard atmospheric con- and other conditions likely to occur
ditions in still air. when there is a fire at the place con-
Extended over-water operation means— cerned.
(1) With respect to aircraft other Flame resistant means not susceptible
than helicopters, an operation over to combustion to the point of propa-
water at a horizontal distance of more gating a flame, beyond safe limits,
than 50 nautical miles from the nearest after the ignition source is removed.
shoreline; and Flammable, with respect to a fluid or
(2) With respect to helicopters, an op- gas, means susceptible to igniting read-
eration over water at a horizontal dis- ily or to exploding.
tance of more than 50 nautical miles Flap extended speed means the highest
from the nearest shoreline and more speed permissible with wing flaps in a
than 50 nautical miles from an off- prescribed extended position.
shore heliport structure. Flash resistant means not susceptible
External load means a load that is to burning violently when ignited.
carried, or extends, outside of the air- Flightcrew member means a pilot,
craft fuselage. flight engineer, or flight navigator as-
External-load attaching means means signed to duty in an aircraft during
the structural components used to at- flight time.
tach an external load to an aircraft, in- Flight level means a level of constant
cluding external-load containers, the atmospheric pressure related to a ref-
backup structure at the attachment erence datum of 29.92 inches of mer-
points, and any quick-release device cury. Each is stated in three digits
used to jettison the external load. that represent hundreds of feet. For ex-
Final approach fix (FAF) defines the ample, flight level 250 represents a bar-
beginning of the final approach seg- ometric altimeter indication of 25,000
ment and the point where final seg- feet; flight level 255, an indication of
ment descent may begin. 25,500 feet.
Final takeoff speed means the speed of Flight plan means specified informa-
the airplane that exists at the end of tion, relating to the intended flight of
the takeoff path in the en route con- an aircraft, that is filed orally or in
figuration with one engine inoperative. writing with air traffic control.
Fireproof— Flight simulation training device
(1) With respect to materials and (FSTD) means a full flight simulator or
parts used to confine fire in a des- a flight training device.
ignated fire zone, means the capacity Flight time means:
to withstand at least as well as steel in (1) Pilot time that commences when
dimensions appropriate for the purpose an aircraft moves under its own power
for which they are used, the heat pro- for the purpose of flight and ends when
duced when there is a severe fire of ex- the aircraft comes to rest after land-
tended duration in that zone; and ing; or
(2) With respect to other materials (2) For a glider without self-launch
and parts, means the capacity to with- capability, pilot time that commences
stand the heat associated with fire at when the glider is towed for the pur-
least as well as steel in dimensions ap- pose of flight and ends when the glider
propriate for the purpose for which comes to rest after landing.
they are used. Flight training device (FTD) means a
Fire resistant— replica of aircraft instruments, equip-
(1) With respect to sheet or struc- ment, panels, and controls in an open
tural members means the capacity to flight deck area or an enclosed aircraft
withstand the heat associated with fire cockpit replica. It includes the equip-
at least as well as aluminum alloy in ment and computer programs nec-
lhorne on DSKJLZT7X2PROD with CFR

dimensions appropriate for the purpose essary to represent aircraft (or set of
for which they are used; and aircraft) operations in ground and

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00019 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 1.1 14 CFR Ch. I (1–1–22 Edition)

flight conditions having the full range installed in the device as described in
of capabilities of the systems installed part 60 of this chapter and the quali-
in the device as described in part 60 of fication performance standards (QPS)
this chapter and the qualification per- for a specific FFS qualification level.
formance standard (QPS) for a specific Glider means a heavier-than-air air-
FTD qualification level. craft, that is supported in flight by the
Flight visibility means the average for- dynamic reaction of the air against its
ward horizontal distance, from the lifting surfaces and whose free flight
cockpit of an aircraft in flight, at does not depend principally on an en-
which prominent unlighted objects gine.
may be seen and identified by day and Ground visibility means prevailing
prominent lighted objects may be seen horizontal visibility near the earth’s
and identified by night. surface as reported by the United
Foreign air carrier means any person States National Weather Service or an
other than a citizen of the United accredited observer.
States, who undertakes directly, by Go-around power or thrust setting
lease or other arrangement, to engage means the maximum allowable in-
in air transportation. flight power or thrust setting identi-
Foreign air commerce means the car- fied in the performance data.
riage by aircraft of persons or property Gyrodyne means a rotorcraft whose
for compensation or hire, or the car- rotors are normally engine-driven for
riage of mail by aircraft, or the oper- takeoff, hovering, and landing, and for
ation or navigation of aircraft in the forward flight through part of its speed
conduct or furtherance of a business or range, and whose means of propulsion,
vocation, in commerce between a place consisting usually of conventional pro-
in the United States and any place out- pellers, is independent of the rotor sys-
side thereof; whether such commerce tem.
moves wholly by aircraft or partly by
Gyroplane means a rotorcraft whose
aircraft and partly by other forms of
rotors are not engine-driven, except for
transportation.
initial starting, but are made to rotate
Foreign air transportation means the
by action of the air when the rotorcraft
carriage by aircraft of persons or prop-
is moving; and whose means of propul-
erty as a common carrier for com-
sion, consisting usually of conven-
pensation or hire, or the carriage of
tional propellers, is independent of the
mail by aircraft, in commerce between
rotor system.
a place in the United States and any
place outside of the United States, Helicopter means a rotorcraft that,
for its horizontal motion, depends prin-
whether that commerce moves wholly
cipally on its engine-driven rotors.
by aircraft or partly by aircraft and
partly by other forms of transpor- Heliport means an area of land, water,
tation. or structure used or intended to be
Forward wing means a forward lifting used for the landing and takeoff of heli-
surface of a canard configuration or copters.
tandem-wing configuration airplane. Idle thrust means the jet thrust ob-
The surface may be a fixed, movable, or tained with the engine power control
variable geometry surface, with or level set at the stop for the least thrust
without control surfaces. position at which it can be placed.
Full flight simulator (FFS) means a IFR conditions means weather condi-
replica of a specific type; or make, tions below the minimum for flight
model, and series aircraft cockpit. It under visual flight rules.
includes the assemblage of equipment IFR over-the-top, with respect to the
and computer programs necessary to operation of aircraft, means the oper-
represent aircraft operations in ground ation of an aircraft over-the-top on an
and flight conditions, a visual system IFR flight plan when cleared by air
providing an out-of-the-cockpit view, a traffic control to maintain ‘‘VFR con-
system that provides cues at least ditions’’ or ‘‘VFR conditions on top’’.
equivalent to those of a three-degree- Indicated airspeed means the speed of
lhorne on DSKJLZT7X2PROD with CFR

of-freedom motion system, and has the an aircraft as shown on its pitot static
full range of capabilities of the systems airspeed indicator calibrated to reflect

10

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00020 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 1.1

standard atmosphere adiabatic com- sion of the United States, or the Dis-
pressible flow at sea level uncorrected trict of Columbia.
for airspeed system errors. Interstate air transportation means the
In-flight shutdown (IFSD) means, for carriage by aircraft of persons or prop-
ETOPS only, when an engine ceases to erty as a common carrier for com-
function (when the airplane is air- pensation or hire, or the carriage of
borne) and is shutdown, whether self mail by aircraft in commerce:
induced, flightcrew initiated or caused (1) Between a place in a State or the
by an external influence. The FAA con- District of Columbia and another place
siders IFSD for all causes: for example, in another State or the District of Co-
flameout, internal failure, flightcrew lumbia;
initiated shutdown, foreign object in- (2) Between places in the same State
gestion, icing, inability to obtain or through the airspace over any place
control desired thrust or power, and outside that State; or
cycling of the start control, however (3) Between places in the same pos-
briefly, even if the engine operates nor- session of the United States;
mally for the remainder of the flight. Whether that commerce moves wholly
This definition excludes the airborne by aircraft of partly by aircraft and
cessation of the functioning of an en- partly by other forms of transpor-
gine when immediately followed by an tation.
automatic engine relight and when an Intrastate air transportation means the
engine does not achieve desired thrust carriage of persons or property as a
or power but is not shutdown. common carrier for compensation or
Instrument means a device using an hire, by turbojet-powered aircraft capa-
internal mechanism to show visually ble of carrying thirty or more persons,
or aurally the attitude, altitude, or op- wholly within the same State of the
eration of an aircraft or aircraft part. United States.
It includes electronic devices for auto- Kite means a framework, covered
matically controlling an aircraft in with paper, cloth, metal, or other ma-
flight. terial, intended to be flown at the end
Instrument approach procedure (IAP) is of a rope or cable, and having as its
a series of predetermined maneuvers by only support the force of the wind mov-
reference to flight instruments with ing past its surfaces.
specified protection from obstacles and Landing gear extended speed means
assurance of navigation signal recep- the maximum speed at which an air-
tion capability. It begins from the ini- craft can be safely flown with the land-
tial approach fix, or where applicable, ing gear extended.
from the beginning of a defined arrival Landing gear operating speed means
route to a point: the maximum speed at which the land-
(1) From which a landing can be com- ing gear can be safely extended or re-
pleted; or tracted.
(2) If a landing is not completed, to a Large aircraft means aircraft of more
position at which holding or en route than 12,500 pounds, maximum certifi-
obstacle clearance criteria apply. cated takeoff weight.
Interstate air commerce means the car- Light-sport aircraft means an aircraft,
riage by aircraft of persons or property other than a helicopter or powered-lift
for compensation or hire, or the car- that, since its original certification,
riage of mail by aircraft, or the oper- has continued to meet the following:
ation or navigation of aircraft in the (1) A maximum takeoff weight of not
conduct or furtherance of a business or more than—
vocation, in commerce between a place (i) 1,320 pounds (600 kilograms) for
in any State of the United States, or aircraft not intended for operation on
the District of Columbia, and a place in water; or
any other State of the United States, (ii) 1,430 pounds (650 kilograms) for
or the District of Columbia; or between an aircraft intended for operation on
places in the same State of the United water.
States through the airspace over any (2) A maximum airspeed in level
lhorne on DSKJLZT7X2PROD with CFR

place outside thereof; or between flight with maximum continuous power


places in the same territory or posses- (VH) of not more than 120 knots CAS

11

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00021 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 1.1 14 CFR Ch. I (1–1–22 Edition)

under standard atmospheric conditions Mach number means the ratio of true
at sea level. airspeed to the speed of sound.
(3) A maximum never-exceed speed Main rotor means the rotor that sup-
(VNE) of not more than 120 knots CAS plies the principal lift to a rotorcraft.
for a glider. Maintenance means inspection, over-
(4) A maximum stalling speed or min- haul, repair, preservation, and the re-
imum steady flight speed without the placement of parts, but excludes pre-
use of lift-enhancing devices (VS1) of ventive maintenance.
not more than 45 knots CAS at the air- Major alteration means an alteration
craft’s maximum certificated takeoff not listed in the aircraft, aircraft en-
weight and most critical center of gine, or propeller specifications—
gravity. (1) That might appreciably affect
(5) A maximum seating capacity of weight, balance, structural strength,
no more than two persons, including performance, powerplant operation,
the pilot. flight characteristics, or other quali-
(6) A single, reciprocating engine, if ties affecting airworthiness; or
powered. (2) That is not done according to ac-
(7) A fixed or ground-adjustable pro- cepted practices or cannot be done by
peller if a powered aircraft other than elementary operations.
a powered glider. Major repair means a repair:
(8) A fixed or feathering propeller (1) That, if improperly done, might
system if a powered glider. appreciably affect weight, balance,
(9) A fixed-pitch, semi-rigid, tee- structural strength, performance, pow-
tering, two-blade rotor system, if a gy- erplant operation, flight characteris-
roplane. tics, or other qualities affecting air-
(10) A nonpressurized cabin, if worthiness; or
equipped with a cabin. (2) That is not done according to ac-
(11) Fixed landing gear, except for an cepted practices or cannot be done by
aircraft intended for operation on elementary operations.
water or a glider. Manifold pressure means absolute
(12) Fixed or retractable landing pressure as measured at the appro-
gear, or a hull, for an aircraft intended priate point in the induction system
for operation on water. and usually expressed in inches of mer-
(13) Fixed or retractable landing gear cury.
for a glider. Maximum engine overtorque, as it ap-
Lighter-than-air aircraft means air- plies to turbopropeller and turboshaft
craft that can rise and remain sus- engines incorporating free power tur-
pended by using contained gas weigh- bines for all ratings except one engine
ing less than the air that is displaced inoperative (OEI) ratings of two min-
by the gas. utes or less, means the maximum
Load factor means the ratio of a spec- torque of the free power turbine rotor
ified load to the total weight of the air- assembly, the inadvertent occurrence
craft. The specified load is expressed in of which, for periods of up to 20 sec-
terms of any of the following: aero- onds, will not require rejection of the
dynamic forces, inertia forces, or engine from service, or any mainte-
ground or water reactions. nance action other than to correct the
Long-range communication system cause.Maximum speed for stability char-
(LRCS). A system that uses satellite acteristics, VFC/MFC means a speed that
relay, data link, high frequency, or an- may not be less than a speed midway
other approved communication system between maximum operating limit
which extends beyond line of sight. speed (VMO/MMO) and demonstrated
Long-range navigation system (LRNS). flight diving speed (VDF/MDF), except
An electronic navigation unit that is that, for altitudes where the Mach
approved for use under instrument number is the limiting factor, MFC need
flight rules as a primary means of navi- not exceed the Mach number at which
gation, and has at least one source of effective speed warning occurs.
navigational input, such as inertial Medical certificate means acceptable
lhorne on DSKJLZT7X2PROD with CFR

navigation system or global posi- evidence of physical fitness on a form


tioning system. prescribed by the Administrator.

12

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00022 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 1.1

Military operations area. A military in a territory or possession of the


operations area (MOA) is airspace es- United States; or between a place in a
tablished outside Class A airspace to territory or possession of the United
separate or segregate certain nonhaz- States, and a place in any other terri-
ardous military activities from IFR tory or possession of the United States.
Traffic and to identify for VFR traffic Overseas air transportation means the
where theses activities are conducted. carriage by aircraft of persons or prop-
Minimum descent altitude (MDA) is the erty as a common carrier for com-
lowest altitude specified in an instru- pensation or hire, or the carriage of
ment approach procedure, expressed in mail by aircraft, in commerce:
feet above mean sea level, to which de- (1) Between a place in a State or the
scent is authorized on final approach or District of Columbia and a place in a
during circle-to-land maneuvering possession of the United States; or
until the pilot sees the required visual (2) Between a place in a possession of
references for the heliport or runway of the United States and a place in an-
intended landing. other possession of the United States;
Minor alteration means an alteration whether that commerce moves wholly
other than a major alteration. by aircraft or partly by aircraft and
Minor repair means a repair other partly by other forms of transpor-
than a major repair. tation.
National defense airspace means air- Over-the-top means above the layer of
space established by a regulation pre- clouds or other obscuring phenomena
scribed, or an order issued under, 49 forming the ceiling.
U.S.C. 40103(b)(3). Parachute means a device used or in-
Navigable airspace means airspace at tended to be used to retard the fall of
and above the minimum flight alti- a body or object through the air.
tudes prescribed by or under this chap-
Person means an individual, firm,
ter, including airspace needed for safe
partnership, corporation, company, as-
takeoff and landing.
sociation, joint-stock association, or
Night means the time between the
governmental entity. It includes a
end of evening civil twilight and the
trustee, receiver, assignee, or similar
beginning of morning civil twilight, as
representative of any of them.
published in the Air Almanac, con-
Pilotage means navigation by visual
verted to local time.
reference to landmarks.
Nonprecision approach procedure
means a standard instrument approach Pilot in command means the person
procedure in which no electronic glide who:
slope is provided. (1) Has final authority and responsi-
Operate, with respect to aircraft, bility for the operation and safety of
means use, cause to use or authorize to the flight;
use aircraft, for the purpose (except as (2) Has been designated as pilot in
provided in § 91.13 of this chapter) of air command before or during the flight;
navigation including the piloting of and
aircraft, with or without the right of (3) Holds the appropriate category,
legal control (as owner, lessee, or oth- class, and type rating, if appropriate,
erwise). for the conduct of the flight.
Operational control, with respect to a Pitch setting means the propeller
flight, means the exercise of authority blade setting as determined by the
over initiating, conducting or termi- blade angle measured in a manner, and
nating a flight. at a radius, specified by the instruction
Overseas air commerce means the car- manual for the propeller.
riage by aircraft of persons or property Portable oxygen concentrator means a
for compensation or hire, or the car- medical device that separates oxygen
riage of mail by aircraft, or the oper- from other gasses in ambient air and
ation or navigation of aircraft in the dispenses this concentrated oxygen to
conduct or furtherance of a business or the user.
vocation, in commerce between a place Positive control means control of all
lhorne on DSKJLZT7X2PROD with CFR

in any State of the United States, or air traffic, within designated airspace,
the District of Columbia, and any place by air traffic control.

13

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00023 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 1.1 14 CFR Ch. I (1–1–22 Edition)

Powered parachute means a powered State, the District of Columbia, or a


aircraft comprised of a flexible or semi- territory or possession of the United
rigid wing connected to a fuselage so States or a political subdivision of one
that the wing is not in position for of these governments.
flight until the aircraft is in motion. (i) For the sole purpose of deter-
The fuselage of a powered parachute mining public aircraft status, commer-
contains the aircraft engine, a seat for cial purposes means the transportation
each occupant and is attached to the of persons or property for compensa-
aircraft’s landing gear. tion or hire, but does not include the
Powered-lift means a heavier-than-air operation of an aircraft by the armed
aircraft capable of vertical takeoff, forces for reimbursement when that re-
vertical landing, and low speed flight imbursement is required by any Fed-
that depends principally on engine- eral statute, regulation, or directive, in
driven lift devices or engine thrust for effect on November 1, 1999, or by one
lift during these flight regimes and on government on behalf of another gov-
nonrotating airfoil(s) for lift during ernment under a cost reimbursement
horizontal flight. agreement if the government on whose
Precision approach procedure means a behalf the operation is conducted cer-
standard instrument approach proce- tifies to the Administrator of the Fed-
dure in which an electronic glide slope eral Aviation Administration that the
is provided, such as ILS and PAR. operation is necessary to respond to a
Preventive maintenance means simple significant and imminent threat to life
or minor preservation operations and or property (including natural re-
the replacement of small standard sources) and that no service by a pri-
parts not involving complex assembly vate operator is reasonably available
operations. to meet the threat.
Prohibited area. A prohibited area is (ii) For the sole purpose of deter-
airspace designated under part 73 with-
mining public aircraft status, govern-
in which no person may operate an air-
mental function means an activity un-
craft without the permission of the
dertaken by a government, such as na-
using agency.
tional defense, intelligence missions,
Propeller means a device for propel-
firefighting, search and rescue, law en-
ling an aircraft that has blades on an
forcement (including transport of pris-
engine-driven shaft and that, when ro-
oners, detainees, and illegal aliens),
tated, produces by its action on the air,
aeronautical research, or biological or
a thrust approximately perpendicular
geological resource management.
to its plane of rotation. It includes con-
trol components normally supplied by (iii) For the sole purpose of deter-
its manufacturer, but does not include mining public aircraft status, qualified
main and auxiliary rotors or rotating non-crewmember means an individual,
airfoils of engines. other than a member of the crew,
Public aircraft means any of the fol- aboard an aircraft operated by the
lowing aircraft when not being used for armed forces or an intelligence agency
a commercial purpose or to carry an of the United States Government, or
individual other than a crewmember or whose presence is required to perform,
qualified non-crewmenber: or is associated with the performance
(1) An aircraft used only for the of, a governmental function.
United States Government; an aircraft (2) An aircraft owned or operated by
owned by the Government and operated the armed forces or chartered to pro-
by any person for purposes related to vide transportation to the armed forces
crew training, equipment development, if—
or demonstration; an aircraft owned (i) The aircraft is operated in accord-
and operated by the government of a ance with title 10 of the United States
State, the District of Columbia, or a Code;
territory or possession of the United (ii) The aircraft is operated in the
States or a political subdivision of one performance of a governmental func-
of these governments; or an aircraft ex- tion under title 14, 31, 32, or 50 of the
lhorne on DSKJLZT7X2PROD with CFR

clusively leased for at least 90 contin- United States Code and the aircraft is
uous days by the government of a not used for commercial purposes; or

14

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00024 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 1.1

(iii) The aircraft is chartered to pro- type certification, means the approved
vide transportation to the armed forces jet thrust that is developed statically
and the Secretary of Defense (or the or in flight, in standard atmosphere at
Secretary of the department in which a specified altitude, with fluid injec-
the Coast Guard is operating) des- tion or with the burning of fuel in a
ignates the operation of the aircraft as separate combustion chamber, within
being required in the national interest. the engine operating limitations estab-
(3) An aircraft owned or operated by lished under Part 33 of this chapter,
the National Guard of a State, the Dis- and approved for unrestricted periods
trict of Columbia, or any territory or of use.
possession of the United States, and Rated maximum continuous power,
that meets the criteria of paragraph (2) with respect to reciprocating, turbo-
of this definition, qualifies as a public propeller, and turboshaft engines,
aircraft only to the extent that it is means the approved brake horsepower
operated under the direct control of that is developed statically or in flight,
the Department of Defense. in standard atmosphere at a specified
Rated 30-second OEI Power, with re- altitude, within the engine operating
spect to rotorcraft turbine engines, limitations established under part 33,
means the approved brake horsepower and approved for unrestricted periods
developed under static conditions at of use.
specified altitudes and temperatures Rated maximum continuous thrust,
within the operating limitations estab- with respect to turbojet engine type
lished for the engine under part 33 of certification, means the approved jet
this chapter, for continuation of one thrust that is developed statically or in
flight operation after the failure or flight, in standard atmosphere at a
shutdown of one engine in multiengine specified altitude, without fluid injec-
rotorcraft, for up to three periods of tion and without the burning of fuel in
use no longer than 30 seconds each in
a separate combustion chamber, within
any one flight, and followed by manda-
the engine operating limitations estab-
tory inspection and prescribed mainte-
lished under part 33 of this chapter,
nance action.
and approved for unrestricted periods
Rated 2-minute OEI Power, with re-
of use.
spect to rotorcraft turbine engines,
means the approved brake horsepower Rated takeoff augmented thrust, with
developed under static conditions at respect to turbojet engine type certifi-
specified altitudes and temperatures cation, means the approved jet thrust
within the operating limitations estab- that is developed statically under
lished for the engine under part 33 of standard sea level conditions, with
this chapter, for continuation of one fluid injection or with the burning of
flight operation after the failure or fuel in a separate combustion chamber,
shutdown of one engine in multiengine within the engine operating limita-
rotorcraft, for up to three periods of tions established under part 33 of this
use no longer than 2 minutes each in chapter, and limited in use to periods
any one flight, and followed by manda- of not over 5 minutes for takeoff oper-
tory inspection and prescribed mainte- ation.
nance action. Rated takeoff power, with respect to
Rated continuous OEI power, with re- reciprocating, turbopropeller, and tur-
spect to rotorcraft turbine engines, boshaft engine type certification,
means the approved brake horsepower means the approved brake horsepower
developed under static conditions at that is developed statically under
specified altitudes and temperatures standard sea level conditions, within
within the operating limitations estab- the engine operating limitations estab-
lished for the engine under part 33 of lished under part 33, and limited in use
this chapter, and limited in use to the to periods of not over 5 minutes for
time required to complete the flight takeoff operation.
after the failure or shutdown of one en- Rated takeoff thrust, with respect to
gine of a multiengine rotorcraft. turbojet engine type certification,
lhorne on DSKJLZT7X2PROD with CFR

Rated maximum continuous augmented means the approved jet thrust that is
thrust, with respect to turbojet engine developed statically under standard sea

15

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00025 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 1.1 14 CFR Ch. I (1–1–22 Edition)

level conditions, without fluid injec- ternal-load, including the external-load


tion and without the burning of fuel in attaching means. Rotorcraft-load com-
a separate combustion chamber, within binations are designated as Class A,
the engine operating limitations estab- Class B, Class C, and Class D, as fol-
lished under part 33 of this chapter, lows:
and limited in use to periods of not (1) Class A rotorcraft-load combination
over 5 minutes for takeoff operation. means one in which the external load
Rated 30-minute OEI power, with re- cannot move freely, cannot be jetti-
spect to rotorcraft turbine engines, soned, and does not extend below the
means the approved brake horsepower landing gear.
developed under static conditions at (2) Class B rotorcraft-load combination
specified altitudes and temperatures means one in which the external load is
within the operating limitations estab- jettisonable and is lifted free of land or
lished for the engine under part 33 of water during the rotorcraft operation.
this chapter, and limited in use to one (3) Class C rotorcraft-load combination
period of use no longer than 30 minutes means one in which the external load is
after the failure or shutdown of one en- jettisonable and remains in contact
gine of a multiengine rotorcraft. with land or water during the rotor-
Rated 21⁄2-minute OEI power, with re- craft operation.
spect to rotorcraft turbine engines, (4) Class D rotorcraft-load combination
means the approved brake horsepower means one in which the external-load
developed under static conditions at is other than a Class A, B, or C and has
specified altitudes and temperatures been specifically approved by the Ad-
within the operating limitations estab- ministrator for that operation.
lished for the engine under part 33 of Route segment is a portion of a route
this chapter for periods of use no bounded on each end by a fix or naviga-
longer than 21⁄2 minutes each after the tion aid (NAVAID).
failure or shutdown of one engine of a
Sea level engine means a reciprocating
multiengine rotorcraft.
aircraft engine having a rated takeoff
Rating means a statement that, as a
power that is producible only at sea
part of a certificate, sets forth special
level.
conditions, privileges, or limitations.
Reference landing speed means the Second in command means a pilot who
speed of the airplane, in a specified is designated to be second in command
landing configuration, at the point of an aircraft during flight time.
where it descends through the 50 foot Show, unless the context otherwise
height in the determination of the requires, means to show to the satis-
landing distance. faction of the Administrator.
Reporting point means a geographical Small aircraft means aircraft of 12,500
location in relation to which the posi- pounds or less, maximum certificated
tion of an aircraft is reported. takeoff weight.
Restricted area. A restricted area is Small unmanned aircraft means an un-
airspace designated under Part 73 with- manned aircraft weighing less than 55
in which the flight of aircraft, while pounds on takeoff, including every-
not wholly prohibited, is subject to re- thing that is on board or otherwise at-
striction. tached to the aircraft.
Rocket means an aircraft propelled by Small unmanned aircraft system (small
ejected expanding gases generated in UAS) means a small unmanned aircraft
the engine from self-contained propel- and its associated elements (including
lants and not dependent on the intake communication links and the compo-
of outside substances. It includes any nents that control the small unmanned
part which becomes separated during aircraft) that are required for the safe
the operation. and efficient operation of the small un-
Rotorcraft means a heavier-than-air manned aircraft in the national air-
aircraft that depends principally for its space system.
support in flight on the lift generated Special VFR conditions mean meteoro-
by one or more rotors. logical conditions that are less than
lhorne on DSKJLZT7X2PROD with CFR

Rotorcraft-load combination means the those required for basic VFR flight in
combination of a rotorcraft and an ex- controlled airspace and in which some

16

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00026 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 1.1

aircraft are permitted flight under vis- imum conditions of crankshaft rota-
ual flight rules. tional speed and engine manifold pres-
Special VFR operations means aircraft sure approved for the normal takeoff,
operating in accordance with clear- and limited in continuous use to the
ances within controlled airspace in me- period of time shown in the approved
teorological conditions less than the engine specification; and
basic VFR weather minima. Such oper- (2) With respect to turbine engines,
ations must be requested by the pilot means the brake horsepower that is de-
and approved by ATC. veloped under static conditions at a
Standard atmosphere means the at- specified altitude and atmospheric
mosphere defined in U.S. Standard At- temperature, and under the maximum
mosphere, 1962 (Geopotential altitude conditions of rotor shaft rotational
tables). speed and gas temperature approved for
Stopway means an area beyond the the normal takeoff, and limited in con-
takeoff runway, no less wide than the tinuous use to the period of time shown
runway and centered upon the ex- in the approved engine specification.
tended centerline of the runway, able Takeoff safety speed means a ref-
to support the airplane during an erenced airspeed obtained after lift-off
aborted takeoff, without causing struc- at which the required one-engine-inop-
tural damage to the airplane, and des- erative climb performance can be
ignated by the airport authorities for achieved.
use in decelerating the airplane during
Takeoff thrust, with respect to tur-
an aborted takeoff.
bine engines, means the jet thrust that
Suitable RNAV system is an RNAV sys-
is developed under static conditions at
tem that meets the required perform-
a specific altitude and atmospheric
ance established for a type of oper-
temperature under the maximum con-
ation, e.g. IFR; and is suitable for oper-
ditions of rotorshaft rotational speed
ation over the route to be flown in
and gas temperature approved for the
terms of any performance criteria (in-
normal takeoff, and limited in contin-
cluding accuracy) established by the
uous use to the period of time shown in
air navigation service provider for cer-
the approved engine specification.
tain routes (e.g. oceanic, ATS routes,
Tandem wing configuration means a
and IAPs). An RNAV system’s suit-
configuration having two wings of
ability is dependent upon the avail-
similar span, mounted in tandem.
ability of ground and/or satellite navi-
gation aids that are needed to meet TCAS I means a TCAS that utilizes
any route performance criteria that interrogations of, and replies from, air-
may be prescribed in route specifica- borne radar beacon transponders and
tions to navigate the aircraft along the provides traffic advisories to the pilot.
route to be flown. Information on suit- TCAS II means a TCAS that utilizes
able RNAV systems is published in interrogations of, and replies from air-
FAA guidance material. borne radar beacon transponders and
Synthetic vision means a computer- provides traffic advisories and resolu-
generated image of the external scene tion advisories in the vertical plane.
topography from the perspective of the TCAS III means a TCAS that utilizes
flight deck that is derived from air- interrogation of, and replies from, air-
craft attitude, high-precision naviga- borne radar beacon transponders and
tion solution, and database of terrain, provides traffic advisories and resolu-
obstacles and relevant cultural fea- tion advisories in the vertical and hori-
tures. zontal planes to the pilot.
Synthetic vision system means an Time in service, with respect to main-
electronic means to display a synthetic tenance time records, means the time
vision image of the external scene to- from the moment an aircraft leaves the
pography to the flight crew. surface of the earth until it touches it
Takeoff power: at the next point of landing.
(1) With respect to reciprocating en- Traffic pattern means the traffic flow
gines, means the brake horsepower that is prescribed for aircraft landing
lhorne on DSKJLZT7X2PROD with CFR

that is developed under standard sea at, taxiing on, or taking off from, an
level conditions, and under the max- airport.

17

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00027 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 1.2 14 CFR Ch. I (1–1–22 Edition)

True airspeed means the airspeed of nonparticipating pilots of the potential


an aircraft relative to undisturbed air. danger. A warning area may be located
True airspeed is equal to equivalent over domestic or international waters
airspeed multiplied by (r0/r)1⁄2. or both.
Type: Weight-shift-control aircraft means a
(1) As used with respect to the cer- powered aircraft with a framed piv-
tification, ratings, privileges, and limi- oting wing and a fuselage controllable
tations of airmen, means a specific only in pitch and roll by the pilot’s
make and basic model of aircraft, in- ability to change the aircraft’s center
cluding modifications thereto that do of gravity with respect to the wing.
not change its handling or flight char- Flight control of the aircraft depends
acteristics. Examples include: DC–7, on the wing’s ability to flexibly deform
1049, and F–27; and rather than the use of control surfaces.
(2) As used with respect to the cer- Winglet or tip fin means an out-of-
tification of aircraft, means those air- plane surface extending from a lifting
craft which are similar in design. Ex- surface. The surface may or may not
amples include: DC–7 and DC–7C; 1049G have control surfaces.
and 1049H; and F–27 and F–27F. [Doc. No. 1150, 27 FR 4588, May 15, 1962]
(3) As used with respect to the cer-
tification of aircraft engines means EDITORIAL NOTE: For FEDERAL REGISTER ci-
tations affecting § 1.1, see the List of CFR
those engines which are similar in de-
Sections Affected, which appears in the
sign. For example, JT8D and JT8D–7 Finding Aids section of the printed volume
are engines of the same type, and and at www.govinfo.gov.
JT9D–3A and JT9D–7 are engines of the
same type. § 1.2 Abbreviations and symbols.
United States, in a geographical sense, In Subchapters A through K of this
means (1) the States, the District of chapter:
Columbia, Puerto Rico, and the posses- AFM means airplane flight manual.
sions, including the territorial waters, AGL means above ground level.
and (2) the airspace of those areas. ALS means approach light system.
United States air carrier means a cit- APU means auxiliary power unit.
izen of the United States who under- ASR means airport surveillance
takes directly by lease, or other ar- radar.
rangement, to engage in air transpor- ATC means air traffic control.
tation. ATS means Air Traffic Service.
Unmanned aircraft means an aircraft CAMP means continuous airworthi-
operated without the possibility of di- ness maintenance program.
rect human intervention from within CAS means calibrated airspeed.
or on the aircraft. CAT II means Category II.
Unmanned aircraft system means an CMP means configuration, mainte-
unmanned aircraft and its associated nance, and procedures.
elements (including communication DH means decision height.
links and the components that control DME means distance measuring
the unmanned aircraft) that are re- equipment compatible with TACAN.
quired for the safe and efficient oper- EAS means equivalent airspeed.
ation of the unmanned aircraft in the EFVS means enhanced flight vision
airspace of the United States. system.
VFR over-the-top, with respect to the Equi-Time Point means a point on the
operation of aircraft, means the oper- route of flight where the flight time,
ation of an aircraft over-the-top under considering wind, to each of two se-
VFR when it is not being operated on lected airports is equal.
an IFR flight plan. ETOPS means extended operations.
Warning area. A warning area is air- EWIS, as defined by § 25.1701 of this
space of defined dimensions, extending chapter, means electrical wiring inter-
from 3 nautical miles outward from the connection system.
coast of the United States, that con- FAA means Federal Aviation Admin-
tains activity that may be hazardous istration.
lhorne on DSKJLZT7X2PROD with CFR

to nonparticipating aircraft. The pur- FFS means full flight simulator.


pose of such warning areas is to warn FM means fan marker.

18

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00028 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 1.2

FSTD means flight simulation train- PAR means precision approach radar.
ing device. PMA means parts manufacturer ap-
FTD means flight training device. proval.
GS means glide slope. POC means portable oxygen concen-
HIRL means high-intensity runway trator.
light system. PTRS means Performance Tracking
IAS means indicated airspeed. and Reporting System.
ICAO means International Civil Avia- RAIL means runway alignment indi-
tion Organization. cator light system.
IFR means instrument flight rules. RBN means radio beacon.
IFSD means in-flight shutdown. RCLM means runway centerline
ILS means instrument landing sys- marking.
tem. RCLS means runway centerline light
IM means ILS inner marker. system.
INT means intersection. REIL means runway end identifica-
LDA means localizer-type directional tion lights.
aid. RFFS means rescue and firefighting
LFR means low-frequency radio services.
range. RNAV means area navigation.
LMM means compass locator at mid- RR means low or medium frequency
dle marker. radio range station.
LOC means ILS localizer. RVR means runway visual range as
LOM means compass locator at outer measured in the touchdown zone area.
marker. SALS means short approach light sys-
M means mach number. tem.
MAA means maximum authorized
SATCOM means satellite communica-
IFR altitude.
tions.
MALS means medium intensity ap-
SSALS means simplified short ap-
proach light system.
proach light system.
MALSR means medium intensity ap-
SSALSR means simplified short ap-
proach light system with runway align-
proach light system with runway align-
ment indicator lights.
ment indicator lights.
MCA means minimum crossing alti-
tude. TACAN means ultra-high frequency
MDA means minimum descent alti- tactical air navigational aid.
tude. TAS means true airspeed.
MEA means minimum en route IFR TCAS means a traffic alert and colli-
altitude. sion avoidance system.
MEL means minimum equipment TDZL means touchdown zone lights.
list. TSO means technical standard order.
MM means ILS middle marker. TVOR means very high frequency ter-
MOCA means minimum obstruction minal omnirange station.
clearance altitude. VA means design maneuvering
MRA means minimum reception alti- speed.
tude. VB means design speed for maximum
MSL means mean sea level. gust intensity.
NDB (ADF) means nondirectional VC means design cruising speed.
beacon (automatic direction finder). VD means design diving speed.
NM means nautical mile. VDF/MDF means demonstrated flight
NOPAC means North Pacific area of diving speed.
operation. VEF means the speed at which the
NOPT means no procedure turn re- critical engine is assumed to fail dur-
quired. ing takeoff.
OEI means one engine inoperative. VF means design flap speed.
OM means ILS outer marker. VFC/MFC means maximum speed for
OPSPECS means operations specifica- stability characteristics.
tions. VFE means maximum flap extended
lhorne on DSKJLZT7X2PROD with CFR

PACOTS means Pacific Organized speed.


Track System. VFTO means final takeoff speed.

19

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00029 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 1.3 14 CFR Ch. I (1–1–22 Edition)

VH means maximum speed in level VHF means very high frequency.


flight with maximum continuous VOR means very high frequency om-
power. nirange station.
VLE means maximum landing gear VORTAC means collocated VOR and
extended speed. TACAN.
VLO means maximum landing gear
[Doc. No. 1150, 27 FR 4590, May 15, 1962]
operating speed.
VLOF means lift-off speed. EDITORIAL NOTE: For FEDERAL REGISTER ci-
VMC means minimum control speed tations affecting § 1.2, see the List of CFR
Sections Affected, which appears in the
with the critical engine inoperative.
Finding Aids section of the printed volume
VMO/MMO means maximum operating and at www.govinfo.gov.
limit speed.
VMU means minimum unstick speed. § 1.3 Rules of construction.
VNE means never-exceed speed.
(a) In Subchapters A through K of
VNO means maximum structural
this chapter, unless the context re-
cruising speed.
quires otherwise:
VR means rotation speed.
(1) Words importing the singular in-
VREF means reference landing speed.
clude the plural;
VS means the stalling speed or the
(2) Words importing the plural in-
minimum steady flight speed at which
clude the singular; and
the airplane is controllable.
(3) Words importing the masculine
VS0 means the stalling speed or the
gender include the feminine.
minimum steady flight speed in the
(b) In Subchapters A through K of
landing configuration.
this chapter, the word:
VS1 means the stalling speed or the
(1) Shall is used in an imperative
minimum steady flight speed obtained
sense;
in a specific configuration.
(2) May is used in a permissive sense
VSR means reference stall speed.
to state authority or permission to do
VSRO means reference stall speed in
the act prescribed, and the words ‘‘no
the landing configuration.
person may * * *’’ or ‘‘a person may
VSR1 means reference stall speed in a
not * * *’’ mean that no person is re-
specific configuration.
quired, authorized, or permitted to do
VSW means speed at which onset of
the act prescribed; and
natural or artificial stall warning oc-
(3) Includes means ‘‘includes but is
curs.
not limited to’’.
VTOSS means takeoff safety speed for
Category A rotorcraft. [Doc. No. 1150, 27 FR 4590, May 15, 1962, as
VX means speed for best angle of amended by Amdt. 1–10, 31 FR 5055, Mar. 29,
climb. 1966]
VY means speed for best rate of
climb. PART 3—GENERAL REQUIREMENTS
V1 means the maximum speed in the
takeoff at which the pilot must take Subpart A—General Requirements Con-
the first action (e.g., apply brakes, re- cerning Type Certificated Products or
duce thrust, deploy speed brakes) to Products, Parts, Appliances, or Mate-
stop the airplane within the accelerate- rials That May Be Used on Type-Certifi-
stop distance. V1 also means the min- cated Products
imum speed in the takeoff, following a
Sec.
failure of the critical engine at VEF, at
3.1 Applicability.
which the pilot can continue the take- 3.5 Statements about products, parts, appli-
off and achieve the required height ances and materials.
above the takeoff surface within the
takeoff distance. Subpart B—Security Threat Disqualification
V2 means takeoff safety speed.
3.200 Effect of Transportation Security Ad-
V2min means minimum takeoff safety
ministration notification on a certificate
speed. or any part of a certificate held by an in-
VFR means visual flight rules.
lhorne on DSKJLZT7X2PROD with CFR

dividual.
VGSI means visual glide slope indi- 3.205 Effect of Transportation Security Ad-
cator. ministration notification on applications

20

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00030 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 3.200
by individuals for a certificate or any (2) Any fraudulent or intentionally
part of a certificate. false reproduction or alteration of any
AUTHORITY: 49 U.S.C. 106(g), 40113, 44701, record about the airworthiness of any
44704, and 46111. type-certificated product, or the ac-
SOURCE: 70 FR 54832, Sept. 16, 2005, unless ceptability of any product, part, appli-
otherwise noted. ance, or material for installation on a
type-certificated product.
Subpart A—General Requirements (c) Prohibition against intentionally
misleading statements. (1) When con-
Concerning Type Certificated veying information related to an adver-
Products or Products, Parts, tisement or sales transaction, no per-
Appliances, or Materials That son may make, or cause to be made, a
May Be Used on Type-Certifi- material representation that a type-
cated Products certificated product is airworthy, or
that a product, part, appliance, or ma-
§ 3.1 Applicability. terial is acceptable for installation on
(a) This part applies to any person a type-certificated product in any
who makes a record regarding: record if that representation is likely
(1) A type-certificated product, or to mislead a consumer acting reason-
(2) A product, part, appliance or ma- ably under the circumstances.
terial that may be used on a type-cer- (2) When conveying information re-
tificated product. lated to an advertisement or sales
(b) Section 3.5(b) does not apply to transaction, no person may make, or
records made under part 43 of this cause to be made, through the omission
chapter. of material information, a representa-
tion that a type-certificated product is
§ 3.5 Statements about products, parts, airworthy, or that a product, part, ap-
appliances and materials. pliance, or material is acceptable for
(a) Definitions. The following terms installation on a type-certificated
will have the stated meanings when product in any record if that represen-
used in this section: tation is likely to mislead a consumer
Airworthy means the aircraft con- acting reasonably under the cir-
forms to its type design and is in a con- cumstances.
dition for safe operation. (d) The provisions of § 3.5(b) and
Product means an aircraft, aircraft § 3.5(c) shall not apply if a person can
engine, or aircraft propeller. show that the product is airworthy or
Record means any writing, drawing, that the product, part, appliance or
map, recording, tape, film, photograph material is acceptable for installation
or other documentary material by on a type-certificated product.
which information is preserved or con-
veyed in any format, including, but not Subpart B—Security Threat
limited to, paper, microfilm, identifica- Disqualification
tion plates, stamped marks, bar codes
or electronic format, and can either be
SOURCE: 84 FR 42803, Aug. 19, 2019, FAA–
separate from, attached to or inscribed 2018–0656; Amendment No. 3–2, unless other-
on any product, part, appliance or ma- wise noted.
terial.
(b) Prohibition against fraudulent and § 3.200 Effect of Transportation Secu-
intentionally false statements. When con- rity Administration notification on
veying information related to an adver- a certificate or any part of a certifi-
tisement or sales transaction, no per- cate held by an individual.
son may make or cause to be made: When the Transportation Security
(1) Any fraudulent or intentionally Administration (TSA) notifies the FAA
false statement in any record about the that an individual holding a certificate
airworthiness of a type-certificated or part of a certificate issued by the
product, or the acceptability of any FAA poses, or is suspected of posing, a
product, part, appliance, or material risk of air piracy or terrorism or a
lhorne on DSKJLZT7X2PROD with CFR

for installation on a type-certificated threat to airline or passenger safety,


product. the FAA will issue an order amending,

21

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00031 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 3.205 14 CFR Ch. I (1–1–22 Edition)

modifying, suspending, or revoking any Subpart E—Safety Promotion


certificate or part of a certificate
5.91 Competencies and training.
issued by the FAA.
5.93 Safety communication.
§ 3.205 Effect of Transportation Secu-
rity Administration notification on Subpart F—SMS Documentation and
applications by individuals for a Recordkeeping
certificate or any part of a certifi- 5.95 SMS documentation.
cate. 5.97 SMS records.
(a) When the TSA notifies the FAA AUTHORITY: Pub. L. 111–216, sec. 215 (Aug. 1,
that an individual who has applied for 2010); 49 U.S.C. 106(f), 106(g), 40101, 40113,
a certificate or any part of a certificate 40119, 41706, 44101, 44701–44702, 44705, 44709–
issued by the FAA poses, or is sus- 44711, 44713, 44716–44717, 44722, 46105.
pected of posing, a risk of air piracy or SOURCE: 80 FR 1326, Jan. 8, 2015, unless oth-
terrorism or a threat to airline or pas- erwise noted.
senger safety, the FAA will hold the in-
dividual’s certificate applications in
abeyance pending further notification
Subpart A—General
from the TSA. § 5.1 Applicability.
(b) When the TSA notifies the FAA
that the TSA has made a final security (a) A certificate holder under part 119
threat determination regarding an in- of this chapter authorized to conduct
dividual, the FAA will deny all the in- operations in accordance with the re-
dividual’s certificate applications. Al- quirements of part 121 of this chapter
ternatively, if the TSA notifies the must have a Safety Management Sys-
FAA that it has withdrawn its security tem that meets the requirements of
threat determination, the FAA will this part and is acceptable to the Ad-
continue processing the individual’s ministrator by March 9, 2018.
applications. (b) A certificate holder must submit
an implementation plan to the FAA
Administrator for review no later than
PART 5—SAFETY MANAGEMENT September 9, 2015. The implementation
SYSTEMS plan must be approved no later than
March 9, 2016.
Subpart A—General (c) The implementation plan may in-
Sec. clude any of the certificate holder’s ex-
5.1 Applicability. isting programs, policies, or procedures
5.3 General requirements. that it intends to use to meet the re-
5.5 Definitions. quirements of this part, including com-
ponents of an existing SMS.
Subpart B—Safety Policy
[80 FR 1326, Jan. 8, 2015, as amended at 80 FR
5.21 Safety policy. 1584, Jan. 13, 2015]
5.23 Safety accountability and authority.
5.25 Designation and responsibilities of re- § 5.3 General requirements.
quired safety management personnel. (a) Any certificate holder required to
5.27 Coordination of emergency response have a Safety Management System
planning. under this part must submit the Safety
Management System to the Adminis-
Subpart C—Safety Risk Management
trator for acceptance. The SMS must
5.51 Applicability. be appropriate to the size, scope, and
5.53 System analysis and hazard identifica- complexity of the certificate holder’s
tion. operation and include at least the fol-
5.55 Safety risk assessment and control. lowing components:
(1) Safety policy in accordance with
Subpart D—Safety Assurance the requirements of subpart B of this
5.71 Safety performance monitoring and part;
measurement. (2) Safety risk management in ac-
lhorne on DSKJLZT7X2PROD with CFR

5.73 Safety performance assessment. cordance with the requirements of sub-


5.75 Continuous improvement. part C of this part;

22

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00032 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 5.23

(3) Safety assurance in accordance Safety Risk Management means a proc-


with the requirements of subpart D of ess within the SMS composed of de-
this part; and scribing the system, identifying the
(4) Safety promotion in accordance hazards, and analyzing, assessing and
with the requirements of subpart E of controlling risk.
this part.
(b) The Safety Management System Subpart B—Safety Policy
must be maintained in accordance with
the recordkeeping requirements in sub- § 5.21 Safety policy.
part F of this part. (a) The certificate holder must have
(c) The Safety Management System a safety policy that includes at least
must ensure compliance with the rel- the following:
evant regulatory standards in chapter I (1) The safety objectives of the cer-
of Title 14 of the Code of Federal Regu- tificate holder.
lations. (2) A commitment of the certificate
holder to fulfill the organization’s safe-
§ 5.5 Definitions. ty objectives.
Hazard means a condition that could (3) A clear statement about the pro-
foreseeably cause or contribute to an vision of the necessary resources for
aircraft accident as defined in 49 CFR the implementation of the SMS.
830.2. (4) A safety reporting policy that de-
Risk means the composite of pre- fines requirements for employee re-
dicted severity and likelihood of the porting of safety hazards or issues.
potential effect of a hazard. (5) A policy that defines unacceptable
behavior and conditions for discipli-
Risk control means a means to reduce
nary action.
or eliminate the effects of hazards.
(6) An emergency response plan that
Safety assurance means processes
provides for the safe transition from
within the SMS that function system-
normal to emergency operations in ac-
atically to ensure the performance and
cordance with the requirements of
effectiveness of safety risk controls
§ 5.27.
and that the organization meets or ex- (b) The safety policy must be signed
ceeds its safety objectives through the by the accountable executive described
collection, analysis, and assessment of in § 5.25.
information. (c) The safety policy must be docu-
Safety Management System (SMS) mented and communicated throughout
means the formal, top-down, organiza- the certificate holder’s organization.
tion-wide approach to managing safety (d) The safety policy must be regu-
risk and assuring the effectiveness of larly reviewed by the accountable exec-
safety risk controls. It includes sys- utive to ensure it remains relevant and
tematic procedures, practices, and poli- appropriate to the certificate holder.
cies for the management of safety risk.
Safety objective means a measurable § 5.23 Safety accountability and au-
goal or desirable outcome related to thority.
safety. (a) The certificate holder must define
Safety performance means realized or accountability for safety within the or-
actual safety accomplishment relative ganization’s safety policy for the fol-
to the organization’s safety objectives. lowing individuals:
Safety policy means the certificate (1) Accountable executive, as de-
holder’s documented commitment to scribed in § 5.25.
safety, which defines its safety objec- (2) All members of management in
tives and the accountabilities and re- regard to developing, implementing,
sponsibilities of its employees in re- and maintaining SMS processes within
gards to safety. their area of responsibility, including,
Safety promotion means a combina- but not limited to:
tion of training and communication of (i) Hazard identification and safety
safety information to support the im- risk assessment.
lhorne on DSKJLZT7X2PROD with CFR

plementation and operation of an SMS (ii) Assuring the effectiveness of safe-


in an organization. ty risk controls.

23

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00033 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 5.25 14 CFR Ch. I (1–1–22 Edition)

(iii) Promoting safety as required in designate sufficient management per-


subpart E of this part. sonnel who, on behalf of the account-
(iv) Advising the accountable execu- able executive, are responsible for the
tive on the performance of the SMS following:
and on any need for improvement. (1) Coordinate implementation,
(3) Employees relative to the certifi- maintenance, and integration of the
cate holder’s safety performance. SMS throughout the certificate hold-
(b) The certificate holder must iden- er’s organization.
tify the levels of management with the (2) Facilitate hazard identification
authority to make decisions regarding
and safety risk analysis.
safety risk acceptance.
(3) Monitor the effectiveness of safe-
§ 5.25 Designation and responsibilities ty risk controls.
of required safety management per- (4) Ensure safety promotion through-
sonnel. out the certificate holder’s organiza-
(a) Designation of the accountable exec- tion as required in subpart E of this
utive. The certificate holder must iden- part.
tify an accountable executive who, ir- (5) Regularly report to the account-
respective of other functions, satisfies able executive on the performance of
the following: the SMS and on any need for improve-
(1) Is the final authority over oper- ment.
ations authorized to be conducted
under the certificate holder’s certifi- § 5.27 Coordination of emergency re-
cate(s). sponse planning.
(2) Controls the financial resources Where emergency response proce-
required for the operations to be con- dures are necessary, the certificate
ducted under the certificate holder’s holder must develop and the account-
certificate(s).
able executive must approve as part of
(3) Controls the human resources re-
the safety policy, an emergency re-
quired for the operations authorized to
sponse plan that addresses at least the
be conducted under the certificate
holder’s certificate(s). following:
(4) Retains ultimate responsibility (a) Delegation of emergency author-
for the safety performance of the oper- ity throughout the certificate holder’s
ations conducted under the certificate organization;
holder’s certificate. (b) Assignment of employee respon-
(b) Responsibilities of the accountable sibilities during the emergency; and
executive. The accountable executive (c) Coordination of the certificate
must accomplish the following: holder’s emergency response plans with
(1) Ensure that the SMS is properly the emergency response plans of other
implemented and performing in all organizations it must interface with
areas of the certificate holder’s organi- during the provision of its services.
zation.
(2) Develop and sign the safety policy Subpart C—Safety Risk
of the certificate holder.
(3) Communicate the safety policy Management
throughout the certificate holder’s or-
§ 5.51 Applicability.
ganization.
(4) Regularly review the certificate A certificate holder must apply safe-
holder’s safety policy to ensure it re- ty risk management to the following:
mains relevant and appropriate to the (a) Implementation of new systems.
certificate holder. (b) Revision of existing systems.
(5) Regularly review the safety per- (c) Development of operational proce-
formance of the certificate holder’s or- dures.
ganization and direct actions necessary (d) Identification of hazards or inef-
to address substandard safety perform- fective risk controls through the safety
ance in accordance with § 5.75.
lhorne on DSKJLZT7X2PROD with CFR

assurance processes in subpart D of


(c) Designation of management per-
this part.
sonnel. The accountable executive must

24

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00034 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 5.73

§ 5.53 System analysis and hazard tems must include, at a minimum, the
identification. following:
(a) When applying safety risk man- (1) Monitoring of operational proc-
agement, the certificate holder must esses.
analyze the systems identified in § 5.51. (2) Monitoring of the operational en-
Those system analyses must be used to vironment to detect changes.
identify hazards under paragraph (c) of (3) Auditing of operational processes
this section, and in developing and im- and systems.
plementing risk controls related to the (4) Evaluations of the SMS and oper-
system under § 5.55(c). ational processes and systems.
(b) In conducting the system anal- (5) Investigations of incidents and ac-
ysis, the following information must be cidents.
considered: (6) Investigations of reports regard-
(1) Function and purpose of the sys- ing potential non-compliance with reg-
tem. ulatory standards or other safety risk
(2) The system’s operating environ- controls established by the certificate
ment. holder through the safety risk manage-
(3) An outline of the system’s proc- ment process established in subpart C
esses and procedures. of this part.
(4) The personnel, equipment, and fa- (7) A confidential employee reporting
cilities necessary for operation of the system in which employees can report
system. hazards, issues, concerns, occurrences,
(c) The certificate holder must de- incidents, as well as propose solutions
velop and maintain processes to iden- and safety improvements.
tify hazards within the context of the (b) The certificate holder must de-
system analysis. velop and maintain processes that ana-
lyze the data acquired through the
§ 5.55 Safety risk assessment and con-
trol. processes and systems identified under
paragraph (a) of this section and any
(a) The certificate holder must de- other relevant data with respect to its
velop and maintain processes to ana- operations, products, and services.
lyze safety risk associated with the
hazards identified in § 5.53(c). [80 FR 1326, Jan. 8, 2015, as amended at 82 FR
(b) The certificate holder must define 24010, May 25, 2017]
a process for conducting risk assess-
§ 5.73 Safety performance assessment.
ment that allows for the determination
of acceptable safety risk. (a) The certificate holder must con-
(c) The certificate holder must de- duct assessments of its safety perform-
velop and maintain processes to de- ance against its safety objectives,
velop safety risk controls that are nec- which include reviews by the account-
essary as a result of the safety risk as- able executive, to:
sessment process under paragraph (b) (1) Ensure compliance with the safety
of this section. risk controls established by the certifi-
(d) The certificate holder must evalu- cate holder.
ate whether the risk will be acceptable (2) Evaluate the performance of the
with the proposed safety risk control SMS.
applied, before the safety risk control (3) Evaluate the effectiveness of the
is implemented. safety risk controls established under
§ 5.55(c) and identify any ineffective
Subpart D—Safety Assurance controls.
(4) Identify changes in the oper-
§ 5.71 Safety performance monitoring ational environment that may intro-
and measurement. duce new hazards.
(a) The certificate holder must de- (5) Identify new hazards.
velop and maintain processes and sys- (b) Upon completion of the assess-
tems to acquire data with respect to its ment, if ineffective controls or new
operations, products, and services to hazards are identified under paragraphs
lhorne on DSKJLZT7X2PROD with CFR

monitor the safety performance of the (a)(2) through (5) of this section, the
organization. These processes and sys- certificate holder must use the safety

25

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00035 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 5.75 14 CFR Ch. I (1–1–22 Edition)

risk management process described in (d) Explains why safety procedures


subpart C of this part. are introduced or changed.

§ 5.75 Continuous improvement. Subpart F—SMS Documentation


The certificate holder must establish and Recordkeeping
and implement processes to correct
safety performance deficiencies identi- § 5.95 SMS documentation.
fied in the assessments conducted The certificate holder must develop
under § 5.73. and maintain SMS documentation that
describes the certificate holder’s:
Subpart E—Safety Promotion (a) Safety policy.
(b) SMS processes and procedures.
§ 5.91 Competencies and training.
The certificate holder must provide § 5.97 SMS records.
training to each individual identified (a) The certificate holder must main-
in § 5.23 to ensure the individuals attain tain records of outputs of safety risk
and maintain the competencies nec- management processes as described in
essary to perform their duties relevant subpart C of this part. Such records
to the operation and performance of must be retained for as long as the con-
the SMS. trol remains relevant to the operation.
(b) The certificate holder must main-
§ 5.93 Safety communication. tain records of outputs of safety assur-
The certificate holder must develop ance processes as described in subpart
and maintain means for commu- D of this part. Such records must be re-
nicating safety information that, at a tained for a minimum of 5 years.
minimum: (c) The certificate holder must main-
(a) Ensures that employees are aware tain a record of all training provided
of the SMS policies, processes, and under § 5.91 for each individual. Such
tools that are relevant to their respon- records must be retained for as long as
sibilities. the individual is employed by the cer-
(b) Conveys hazard information rel- tificate holder.
evant to the employee’s responsibil- (d) The certificate holder must retain
ities. records of all communications provided
(c) Explains why safety actions have under § 5.93 for a minimum of 24 con-
been taken. secutive calendar months.
lhorne on DSKJLZT7X2PROD with CFR

26

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00036 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
SUBCHAPTER B—PROCEDURAL RULES

PART 11—GENERAL RULEMAKING PUBLIC MEETINGS AND OTHER PROCEEDINGS


PROCEDURES 11.51 May I request that FAA hold a public
meeting on a rulemaking action?
Subpart A—Rulemaking Procedures 11.53 What takes place at a public meeting?

Sec. PETITIONS FOR RULEMAKING AND FOR


11.1 To what does this part apply? EXEMPTIONS
DEFINITION OF TERMS 11.61 May I ask FAA to adopt, amend, or re-
peal a regulation, or grant relief from
11.3 What is an advance notice of proposed
the requirements of a current regula-
rulemaking?
tion?
11.5 What is a notice of proposed rule-
making? 11.63 How and to whom do I submit my peti-
11.7 What is a supplemental notice of pro- tion for rulemaking or petition for ex-
posed rulemaking? emption?
11.9 What is a final rule? 11.71 What information must I include in
11.11 What is a final rule with request for my petition for rulemaking?
comments? 11.73 How does FAA process petitions for
11.13 What is a direct final rule? rulemaking?
11.15 What is a petition for exemption? 11.75 Does FAA invite public comment on
11.17 What is a petition for rulemaking? petitions for rulemaking?
11.19 What is a special condition? 11.77 Is there any additional information I
must include in my petition for desig-
GENERAL
nating airspace?
11.21 What are the most common kinds of 11.81 What information must I include in
rulemaking actions for which FAA fol- my petition for an exemption?
lows the Administrative Procedure Act? 11.83 How can I operate under an exemption
11.23 Does FAA follow the same procedures outside the United States?
in issuing all types of rules? 11.85 Does FAA invite public comment on
11.25 How does FAA issue rules? petitions for exemption?
11.27 Are there other ways FAA collects
11.87 Are there circumstances in which FAA
specific rulemaking recommendations
before we issue an NPRM? may decide not to publish a summary of
11.29 May FAA change its regulations with- my petition for exemption?
out first issuing an ANPRM or NPRM? 11.89 How much time do I have to submit
11.31 How does FAA process direct final comments to FAA on a petition for ex-
rules? emption?
11.33 How can I track FAA’s rulemaking ac- 11.91 How does FAA inform me of its deci-
tivities? sion on my petition for exemption?
11.35 Does FAA include sensitive security 11.101 May I ask FAA to reconsider my peti-
information and proprietary information tion for rulemaking or petition for ex-
in the Federal Docket Management Sys- emption if it is denied?
tem (FDMS)? 11.103 What exemption relief may be avail-
11.37 Where can I find information about an able to federal, state, and local govern-
Airworthiness Directive, an airspace des- ments when operating aircraft that are
ignation, or a petition handled in a re- not public aircraft?
gion?
11.38 What public comment procedures does Subpart B—Paperwork Reduction Act
FAA follow for Special Conditions?
Control Numbers
11.39 How may I participate in FAA’s rule-
making process? 11.201 Office of Management and Budget
11.40 Can I get more information about a (OMB) control numbers assigned under
rulemaking? the Paperwork Reduction Act.
WRITTEN COMMENTS AUTHORITY: 49 U.S.C. 106(f), 106(g), 40101,
11.41 Who may file comments? 40103, 40105, 40109, 40113, 44110, 44502, 44701–
11.43 What information must I put in my 44702, 44711, 46102, and 51 U.S.C. 50901–50923.
written comments? SOURCE: Docket No. FAA–1999–6622, 65 FR
11.45 Where and when do I file my com- 50863, Aug. 21, 2000, unless otherwise noted.
lhorne on DSKJLZT7X2PROD with CFR

ments?
11.47 May I ask for more time to file my EDITORIAL NOTE: Nomenclature changes to
comments? part 11 appear at 61 FR 18052, April 24, 1996.

27

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00037 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 11.1 14 CFR Ch. I (1–1–22 Edition)

Subpart A—Rulemaking § 11.11 What is a final rule with re-


Procedures quest for comments?
A final rule with request for com-
§ 11.1 To what does this part apply? ment is a rule that the FAA issues in
This part applies to the issuance, final (with an effective date) that in-
amendment, and repeal of any regula- vites public comment on the rule. We
tion for which FAA (‘‘we’’) follows pub- usually do this when we have not first
lic rulemaking procedures under the issued an ANPRM or NPRM, because
Administrative Procedure Act (‘‘APA’’) we have found that doing so would be
(5 U.S.C. 553). impracticable, unnecessary, or con-
trary to the public interest. We give
DEFINITION OF TERMS our reasons for our determination in
the preamble. The comment period
§ 11.3 What is an advance notice of often ends after the effective date of
proposed rulemaking? the rule. A final rule not preceded by
An advance notice of proposed rule- an ANPRM or NPRM is commonly
making (ANPRM) tells the public that called an ‘‘immediately adopted final
FAA is considering an area for rule- rule.’’ We invite comments on these
making and requests written com- rules only if we think that we will re-
ments on the appropriate scope of the ceive useful information. For example,
rulemaking or on specific topics. An we would not invite comments when we
advance notice of proposed rulemaking are just making an editorial clarifica-
may or may not include the text of po- tion or correction.
tential changes to a regulation.
§ 11.13 What is a direct final rule?
§ 11.5 What is a notice of proposed A direct final rule is a type of final
rulemaking? rule with request for comments. Our
A notice of proposed rulemaking reason for issuing a direct final rule
(NPRM) proposes FAA’s specific regu- without an NPRM is that we would not
latory changes for public comment and expect to receive any adverse com-
contains supporting information. It in- ments, and so an NPRM is unnecessary.
cludes proposed regulatory text. However, to be certain that we are cor-
rect, we set the comment period to end
§ 11.7 What is a supplemental notice of before the effective date. If we receive
proposed rulemaking? an adverse comment, we will either
On occasion, FAA may decide that it publish a document withdrawing the
needs more information on an issue, or direct final rule before it becomes ef-
fective and may issue an NPRM, or
that we should take a different ap-
proceed by any other means permitted
proach than we proposed. Also, we may
under the Administrative Procedure
want to follow a commenter’s sugges-
Act, 5 U.S.C. 551 et seq., consistent with
tion that goes beyond the scope of the
procedures at 49 CFR 5.13(l).
original proposed rule. In these cases,
FAA may issue a supplemental notice [Docket No. FAA–1999–6622, 65 FR 50863, Aug.
of proposed rulemaking (SNPRM) to 21, 2000, as amended at 84 FR 71717, Dec. 27,
give the public an opportunity to com- 2019]
ment further or to give us more infor-
mation. § 11.15 What is a petition for exemp-
tion?
§ 11.9 What is a final rule? A petition for exemption is a request
A final rule sets out new or revised to the FAA by an individual or entity
requirements and their effective date. asking for relief from the requirements
It also may remove requirements. of a current regulation. For petitions
When preceded by an NPRM, a final for waiver of commercial space trans-
rule will also identify significant sub- portation regulations, see part 404 of
stantive issues raised by commenters this title.
lhorne on DSKJLZT7X2PROD with CFR

in response to the NPRM and will give [FAA–2016–6761, Amdt. No. 11–62, 83 FR 28534,
the agency’s response. June 20, 2016]

28

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00038 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 11.27

§ 11.17 What is a petition for rule- public by posting them in the Federal
making? Docket Management System at http://
A petition for rulemaking is a re- www.regulations.gov.
quest to FAA by an individual or enti- (1) An advance notice of proposed
ty asking the FAA to adopt, amend, or rulemaking (ANPRM).
repeal a regulation. (2) A notice of proposed rulemaking
(NPRM).
§ 11.19 What is a special condition? (3) A supplemental notice of proposed
rulemaking (SNPRM).
A special condition is a regulation
(4) A final rule.
that applies to a particular aircraft de-
(5) A final rule with request for com-
sign. The FAA issues special conditions
ments.
when we find that the airworthiness
(6) A direct final rule.
regulations for an aircraft, aircraft en-
(b) Each of the rulemaking docu-
gine, or propeller design do not contain
ments in paragraph (a) of this section
adequate or appropriate safety stand-
generally contains the following infor-
ards, because of a novel or unusual de-
mation:
sign feature.
(1) The topic involved in the rule-
GENERAL making document.
(2) FAA’s legal authority for issuing
§ 11.21 What are the most common the rulemaking document.
kinds of rulemaking actions for (3) How interested persons may par-
which FAA follows the Administra- ticipate in the rulemaking proceeding
tive Procedure Act? (for example, by filing written com-
FAA follows the Administrative Pro- ments or making oral presentations at
cedure Act (APA) procedures for these a public meeting).
common types of rules: (4) Whom to call if you have ques-
(a) Rules found in the Code of Federal tions about the rulemaking document.
Regulations; (5) The date, time, and place of any
(b) Airworthiness directives issued public meetings FAA will hold to dis-
under part 39 of this chapter; and cuss the rulemaking document.
(c) Airspace Designations issued (6) The docket number and regulation
under various parts of this chapter. identifier number (RIN) for the rule-
making proceeding.
§ 11.23 Does FAA follow the same pro-
cedures in issuing all types of [Doc. No. 1999–6622, 65 FR 50863, Aug. 21, 2000,
rules? as amended at 72 FR 68474, Dec. 5, 2007]

Yes, in general, FAA follows the § 11.27 Are there other ways FAA col-
same procedures for all rule types. lects specific rulemaking rec-
There are some differences as to which ommendations before we issue an
FAA official has authority to issue NPRM?
each type, and where you send peti- Yes, the FAA obtains advice and rec-
tions for FAA to adopt, amend, or re- ommendations from rulemaking advi-
peal each type. Assume that the proce- sory committees. One of these commit-
dures in this subpart apply to all rules, tees is the Aviation Rulemaking Advi-
except where we specify otherwise. sory Committee (ARAC), which is a
formal standing committee comprised
§ 11.25 How does FAA issue rules? of representatives of aviation associa-
(a) The FAA uses APA rulemaking tions and industry, consumer groups,
procedures to adopt, amend, or repeal and interested individuals. In con-
regulations. To propose or adopt a new ducting its activities, ARAC complies
regulation, or to change a current reg- with the Federal Advisory Committee
ulation, FAA will issue one or more of Act and the direction of FAA. We task
the following documents. We publish ARAC with providing us with rec-
these rulemaking documents in the ommended rulemaking actions dealing
FEDERAL REGISTER unless we name and with specific areas and problems. If we
personally serve a copy of a rule on accept an ARAC recommendation to
lhorne on DSKJLZT7X2PROD with CFR

every person subject to it. We also change an FAA rule, we ordinarily pub-
make all documents available to the lish an NPRM using the procedures in

29

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00039 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 11.29 14 CFR Ch. I (1–1–22 Edition)

this part. The FAA may establish other confirmation document tells the public
rulemaking advisory committees as the effective date of the rule.
needed to focus on specific issues for a (c) If we receive an adverse comment,
limited period of time. we will advise the public by publishing
a document in the FEDERAL REGISTER
§ 11.29 May FAA change its regulations before the effective date of the direct
without first issuing an ANPRM or final rule. This document may with-
NPRM?
draw the direct final rule in whole or in
The FAA normally adds or changes a part. If we withdraw a direct final rule
regulation by issuing a final rule after because of an adverse comment, we
an NPRM. However, FAA may adopt, may incorporate the commenter’s rec-
amend, or repeal regulations without ommendation into another direct final
first issuing an ANPRM or NPRM in rule or may publish a notice of pro-
the following situations: posed rulemaking.
(a) We may issue a final rule without
[Docket No. FAA–1999–6622, 65 FR 50863, Aug.
first requesting public comment if, for 21, 2000, as amended at 84 FR 71717, Dec. 27,
good cause, we find that an NPRM is 2019]
impracticable, unnecessary, or con-
trary to the public interest. We place § 11.33 How can I track FAA’s rule-
that finding and a brief statement of making activities?
the reasons for it in the final rule. For The best ways to track FAA’s rule-
example, we may issue a final rule in making activities are with the docket
response to a safety emergency. number or the regulation identifier
(b) If an NPRM would be unnecessary number.
because we do not expect to receive ad- (a) Docket ID. We assign a docket ID
verse comment, we may issue a direct to each rulemaking document pro-
final rule. ceeding. Each rulemaking document
§ 11.31 How does FAA process direct FAA issues in a particular rulemaking
final rules? proceeding, as well as public comments
on the proceeding, will display the
(a) A direct final rule will take effect same docket ID. This ID allows you to
on a specified date unless FAA receives search the Federal Docket Manage-
an adverse comment within the com- ment System (FDMS) for information
ment period—generally 60 days after on most rulemaking proceedings. You
the direct final rule is published in the can view and copy docket materials
FEDERAL REGISTER. An adverse com- during regular business hours at the
ment explains why a rule would be in- U.S. Department of Transportation,
appropriate, or would be ineffective or Docket Operations, West Building
unacceptable without a change. It may Ground Floor, Room W12–140, 1200 New
challenge the rule’s underlying premise Jersey Avenue, SE., Washington, DC
or approach. Under the direct final rule 20590. Or you can view and download
process, we do not consider the fol- docketed materials through the Inter-
lowing types of comments to be ad- net at http://www.regulations.gov. If you
verse: can’t find the material in the elec-
(1) A comment recommending an- tronic docket, contact the person listed
other rule change, in addition to the under FOR FURTHER INFORMATION
change in the direct final rule at issue. CONTACT in the document you are in-
We consider the comment adverse, terested in.
however, if the commenter states why (b) Regulation identifier number. DOT
the direct final rule would be ineffec- publishes a semiannual agenda of all
tive without the change. current and projected DOT
(2) A frivolous or insubstantial com- rulemakings, reviews of existing regu-
ment. lations, and completed actions. This
(b) If FAA has not received an ad- semiannual agenda appears in the Uni-
verse comment, we will publish a con- fied Agenda of Federal Regulations,
firmation document in the FEDERAL published in the FEDERAL REGISTER in
lhorne on DSKJLZT7X2PROD with CFR

REGISTER, generally within 15 days April and October of each year. The
after the comment period closes. The semiannual agenda tells the public

30

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00040 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 11.40

about DOT’s—including FAA’s—regu- et. If the information isn’t in the dock-


latory activities. DOT assigns a regula- et, contact the person listed under FOR
tion identifier number (RIN) to each FURTHER INFORMATION CONTACT
individual rulemaking proceeding in in the FEDERAL REGISTER document
the semiannual agenda. This number about the action.
appears on all rulemaking documents
published in the FEDERAL REGISTER § 11.38 What public comment proce-
and makes it easy for you to track dures does the FAA follow for Spe-
those rulemaking proceedings in both cial Conditions?
the FEDERAL REGISTER and the semi- Even though the Administrative Pro-
annual regulatory agenda. cedure Act does not require notice and
[Doc. No. 1999–6622, 65 FR 50863, Aug. 21, 2000, comment for rules of particular appli-
as amended at 72 FR 68474, Dec. 5, 2007] cability, FAA does publish proposed
special conditions for comment. In the
§ 11.35 Does FAA include sensitive se- following circumstances we may not
curity information and proprietary invite comment before we issue a spe-
information in the Federal Docket cial condition. If we don’t, we will in-
Management System (FDMS)?
vite comment when we publish the
(a) Sensitive security information. You final special condition.
should not submit sensitive security (a) The FAA considers prior notice to
information to the rulemaking docket, be impracticable if issuing a design ap-
unless you are invited to do so in our proval would significantly delay deliv-
request for comments. If we ask for ery of the affected aircraft. We con-
this information, we will tell you in sider such a delay to be contrary to the
the specific document how to submit public interest.
this information, and we will provide a (b) The FAA considers prior notice to
separate non-public docket for it. For be unnecessary if we have provided pre-
all proposed rule changes involving vious opportunities to comment on
civil aviation security, we review com- substantially identical proposed spe-
ments as we receive them, before they cial conditions, and we are satisfied
are placed in the docket. If we find that that new comments are unlikely.
a comment contains sensitive security
information, we remove that informa- § 11.39 How may I participate in FAA’s
tion before placing the comment in the rulemaking process?
general docket.
(b) Proprietary information. When we You may participate in FAA’s rule-
are aware of proprietary information making process by doing any of the fol-
filed with a comment, we do not place lowing:
it in the docket. We hold it in a sepa- (a) File written comments on any
rate file to which the public does not rulemaking document that asks for
have access, and place a note in the comments, including an ANPRM,
docket that we have received it. If we NPRM, SNPRM, a final rule with re-
receive a request to examine or copy quest for comments, or a direct final
this information, we treat it as any rule. Follow the directions for com-
other request under the Freedom of In- menting found in each rulemaking doc-
formation Act (5 U.S.C. 552). We proc- ument.
ess such a request under the DOT pro- (b) Ask that we hold a public meeting
cedures found in 49 CFR part 7. on any rulemaking, and participate in
any public meeting that we hold.
[Doc. No. 1999–6622, 65 FR 50863, Aug. 21, 2000,
(c) File a petition for rulemaking
as amended at 72 FR 68474, Dec. 5, 2007]
that asks us to adopt, amend, or repeal
§ 11.37 Where can I find information a regulation.
about an Airworthiness Directive,
an airspace designation, or a peti- § 11.40 Can I get more information
tion handled in a region? about a rulemaking?
The FAA includes most documents You can contact the person listed
concerning Airworthiness Directives, under FOR FURTHER INFORMATION
lhorne on DSKJLZT7X2PROD with CFR

airspace designations, or petitions han- CONTACT in the preamble of a rule.


dled in a region in the electronic dock- That person can explain the meaning

31

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00041 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 11.41 14 CFR Ch. I (1–1–22 Edition)

and intent of a proposed rule, the tech- (1) By mail to: U.S. Department of
nical aspects of a document, the termi- Transportation, Docket Operations,
nology in a document, and can tell you West Building Ground Floor, Room
our published schedule for the rule- W12–140, 1200 New Jersey Avenue, SE.,
making process. We cannot give you in- Washington, DC 20590.
formation that is not already available (2) Through the Internet to http://
to other members of the public. The www.regulations.gov.
Department of Transportation policy (3) In any other manner designated
regarding public contacts during rule-
by FAA.
making appears at 49 CFR 5.19.
(b) Make sure that your comments
[Docket No. FAA–1999–6622, 65 FR 50863, Aug. reach us by the deadline set out in the
21, 2000, as amended at 84 FR 71717, Dec. 27, rulemaking document on which you
2019]
are commenting. We will consider late-
WRITTEN COMMENTS filed comments to the extent possible
only if they do not significantly delay
§ 11.41 Who may file comments? the rulemaking process.
Anyone may file written comments (c) We may reject your paper or elec-
about proposals and final rules that re- tronic comments if they are frivolous,
quest public comments. abusive, or repetitious. We may reject
comments you file electronically if you
§ 11.43 What information must I put in do not follow the electronic filing in-
my written comments? structions at the Federal Docket Man-
(a) Your written comments must be agement System Web site.
in English and must contain the fol-
lowing: [Doc. No. 1999–6622, 65 FR 50863, Aug. 21, 2000,
as amended at 72 FR 68474, Dec. 5, 2007]
(1) The docket number of the rule-
making document you are commenting
§ 11.47 May I ask for more time to file
on, clearly set out at the beginning of my comments?
your comments.
(2) Your name and mailing address, Yes, if FAA grants your request for
and, if you wish, other contact infor- more time to file comments, we grant
mation, such as a fax number, tele- all persons the same amount of time.
phone number, or e-mail address. We will notify the public of the exten-
(3) Your information, views, or argu- sion by a document in the FEDERAL
ments, following the instructions for REGISTER. If FAA denies your request,
participation in the rulemaking docu- we will notify you of the denial. To ask
ment on which you are commenting. for more time, you must file a written
(b) You should also include all mate- or electronic request for extension at
rial relevant to any statement of fact least 10 days before the end of the com-
or argument in your comments, to the ment period. Your letter or message
extent that the material is available to must—
you and reasonable for you to submit. (a) Show the docket number of the
Include a copy of the title page of the
rule at the top of the first page;
document. Whether or not you submit
(b) State, at the beginning, that you
a copy of the material to which you
refer, you should indicate specific are requesting an extension of the com-
places in the material that support ment period;
your position. (c) Show that you have good cause
for the extension and that an extension
§ 11.45 Where and when do I file my is in the public interest;
comments? (d) Be sent to the address specified
(a) Send your comments to the loca- for comments in the rulemaking docu-
tion specified in the rulemaking docu- ment on which you are commenting.
ment on which you are commenting. If
you are asked to send your comments
to the Federal Document Management
lhorne on DSKJLZT7X2PROD with CFR

System, you may send them in either


of the following ways:

32

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00042 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 11.71

PUBLIC MEETINGS AND OTHER (1) By electronic submission, submit


PROCEEDINGS your petition for rulemaking or exemp-
tion to the FAA through the internet
§ 11.51 May I request that FAA hold a at http://www.regulations.gov, the Fed-
public meeting on a rulemaking ac- eral Docket Management System
tion?
website. For additional instructions,
Yes, you may request that we hold a you may visit http://www.faa.gov, and
public meeting. FAA holds a public navigate to the Rulemaking home
meeting when we need more than writ- page.
ten comments to make a fully in- (2) By paper submission, send the
formed decision. Submit your written original signed copy of your petition
request to the address specified in the for rulemaking or exemption to this
rulemaking document on which you address: U.S. Department of Transpor-
are commenting. Specify at the top of tation, Docket Operations, West Build-
your letter or message that you are re- ing Ground Floor, Room W12–140, 1200
questing that the agency hold a public New Jersey Avenue, SE., Washington,
meeting. Submit your request no later DC 20590.
than 30 days after our rulemaking no- (b) Submit a petition for rulemaking
tice. If we find good cause for a meet- or exemption from part 139 of this
ing, we will notify you and publish a chapter—
notice of the meeting in the FEDERAL (1) To the appropriate FAA airport
REGISTER. field office in whose area your airport
is, or will be, established; and
§ 11.53 What takes place at a public
meeting? (2) To the U.S. Department of Trans-
portation, Docket Operations, West
A public meeting is a non-adver- Building Ground Floor, Room W12–140,
sarial, fact-finding proceeding con- 1200 New Jersey Avenue, SE., Wash-
ducted by an FAA representative. Pub- ington, DC 20590 or by electronic sub-
lic meetings are announced in the FED- mission to this Internet address: http://
ERAL REGISTER. We invite interested www.regulations.gov.
persons to attend and to present their (c) The FAA may designate other
views to the agency on specific issues. means by which you can submit peti-
There are no formal pleadings and no tions in the future.
adverse parties, and any regulation (d) Submit your petition for exemp-
issued afterward is not necessarily tion 120 days before you need the ex-
based exclusively on the record of the emption to take effect.
meeting.
[Amdt. 11–50, 69 FR 22386, Apr. 26, 2004, as
PETITIONS FOR RULEMAKING AND FOR amended at 72 FR 68474, Dec. 5, 2007; Amdt.
EXEMPTION 11–55, 74 FR 202, Jan. 5, 2009; FAA–2016–6761,
Amdt. No. 11–62, 83 FR 28534, June 20, 2016]
§ 11.61 May I ask FAA to adopt, amend,
or repeal a regulation, or grant re- § 11.71 What information must I in-
lief from the requirements of a cur- clude in my petition for rule-
rent regulation? making?
(a) Using a petition for rulemaking, (a) You must include the following
you may ask FAA to add a new regula- information in your petition for rule-
tion to title 14 of the Code of Federal making:
Regulations (14 CFR) or ask FAA to (1) Your name and mailing address
amend or repeal a current regulation in and, if you wish, other contact infor-
14 CFR. mation such as a fax number, tele-
(b) Using a petition for exemption, phone number, or e-mail address.
you may ask FAA to grant you relief (2) An explanation of your proposed
from current regulations in 14 CFR. action and its purpose.
(3) The language you propose for a
§ 11.63 How and to whom do I submit new or amended rule, or the language
my petition for rulemaking or peti- you would remove from a current rule.
tion for exemption? (4) An explanation of why your pro-
lhorne on DSKJLZT7X2PROD with CFR

(a) To submit a petition for rule- posed action would be in the public in-
making or exemption— terest.

33

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00043 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 11.73 14 CFR Ch. I (1–1–22 Edition)

(5) Information and arguments that part of that project. We will not treat
support your proposed action, includ- your petition as a separate action.
ing relevant technical and scientific (d) If we have tasked ARAC to study
data available to you. the general subject area of your peti-
(6) Any specific facts or cir- tion, we will ask ARAC to review and
cumstances that support or dem- evaluate your proposed action. We will
onstrate the need for the action you not treat your petition as a separate
propose. action.
(b) In the process of considering your (e) If we determine that the issues
petition, we may ask that you provide
you identify in your petition may have
information or data available to you
merit, but do not address an immediate
about the following:
(1) The costs and benefits of your pro- safety concern or cannot be addressed
posed action to society in general, and because of other priorities and resource
identifiable groups within society in constraints, we may dismiss your peti-
particular. tion. Your comments and arguments
(2) The regulatory burden of your for a rule change will be placed in a
proposed action on small businesses, database, which we will examine when
small organizations, small govern- we consider future rulemaking.
mental jurisdictions, and Indian tribes.
(3) The recordkeeping and reporting § 11.75 Does FAA invite public com-
burdens of your proposed action and ment on petitions for rulemaking?
whom the burdens would affect. Generally, FAA does not invite pub-
(4) The effect of your proposed action lic comment on petitions for rule-
on the quality of the natural and social making.
environments.
§ 11.77 Is there any additional infor-
§ 11.73 How does FAA process peti- mation I must include in my peti-
tions for rulemaking? tion for designating airspace?
After we have determined the dis- In petitions asking FAA to establish,
position of your petition, we will con- amend, or repeal a designation of air-
tact you in writing about our decision. space, including special use airspace,
The FAA may respond to your petition
you must include all the information
for rulemaking in one of the following
specified by § 11.71 and also:
ways:
(a) If we determine that your petition (a) The location and a description of
justifies our taking the action you sug- the airspace you want assigned or des-
gest, we may issue an NPRM or ignated;
ANPRM. We will do so no later than 6 (b) A complete description of the ac-
months after the date we receive your tivity or use to be made of that air-
petition. In making our decision, we space, including a detailed description
consider: of the type, volume, duration, time,
(1) The immediacy of the safety or se- and place of the operations to be con-
curity concerns you raise; ducted in the area;
(2) The priority of other issues the (c) A description of the air naviga-
FAA must deal with; and tion, air traffic control, surveillance,
(3) The resources we have available and communication facilities available
to address these issues. and to be provided if we grant the des-
(b) If we have issued an ANPRM or ignation; and
NPRM on the subject matter of your (d) The name and location of the
petition, we will consider your argu- agency, office, facility, or person who
ments for a rule change as a comment would have authority to permit the use
in connection with the rulemaking pro-
of the airspace when it was not in use
ceeding. We will not treat your peti-
for the purpose to which you want it
tion as a separate action.
assigned.
(c) If we have begun a rulemaking
project in the subject area of your peti-
lhorne on DSKJLZT7X2PROD with CFR

tion, we will consider your comments


and arguments for a rule change as

34

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00044 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 11.91

§ 11.81 What information must I in- with ICAO. However, a foreign country
clude in my petition for an exemp- still may not allow you to operate in
tion? that country without meeting the
You must include the following infor- ICAO standard.
mation in your petition for an exemp-
§ 11.85 Does FAA invite public com-
tion and submit it to FAA as soon as ment on petitions for exemption?
you know you need an exemption.
(a) Your name and mailing address Yes, FAA publishes information
and, if you wish, other contact infor- about petitions for exemption in the
mation such as a fax number, tele- FEDERAL REGISTER. The information
phone number, or e-mail address; includes—
(b) The specific section or sections of (a) The docket number of the peti-
14 CFR from which you seek an exemp- tion;
tion; (b) The citation to the rule or rules
(c) The extent of relief you seek, and from which the petitioner requested re-
the reason you seek the relief; lief;
(d) The reasons why granting your re- (c) The name of the petitioner;
quest would be in the public interest; (d) The petitioner’s summary of the
that is, how it would benefit the public action requested and the reasons for re-
as a whole; questing it; and
(e) The reasons why granting the ex- (e) A request for comments to assist
emption would not adversely affect FAA in evaluating the petition.
safety, or how the exemption would § 11.87 Are there circumstances in
provide a level of safety at least equal which FAA may decide not to pub-
to that provided by the rule from lish a summary of my petition for
which you seek the exemption; exemption?
(f) A summary we can publish in the The FAA may not publish a summary
FEDERAL REGISTER, stating: of your petition for exemption and re-
(1) The rule from which you seek the quest comments if you present or we
exemption; and find good cause why we should not
(2) A brief description of the nature delay action on your petition. The fac-
of the exemption you seek; tors we consider in deciding not to re-
(g) Any additional information, views quest comment include:
or arguments available to support your (a) Whether granting your petition
request; and would set a precedent.
(h) If you want to exercise the privi- (b) Whether the relief requested is
leges of your exemption outside the identical to exemptions granted pre-
United States, the reason why you viously.
need to do so. (c) Whether our delaying action on
your petition would affect you ad-
§ 11.83 How can I operate under an ex-
emption outside the United States? versely.
(d) Whether you filed your petition in
If you want to be able to operate a timely manner.
under your exemption outside the
United States, you must request this § 11.89 How much time do I have to
when you petition for relief and give us submit comments to FAA on a peti-
the reason for this use. If you do not tion for exemption?
provide your reason or we determine The FAA states the specific time al-
that it does not justify this relief, we lowed for comments in the FEDERAL
will limit your exemption to use within REGISTER notice about the petition. We
the United States. Before we extend usually allow 20 days to comment on a
your exemption for use outside the petition for exemption.
United States, we will verify that the
exemption would be in compliance with § 11.91 How does FAA inform me of its
the Standards of the International decision on my petition for exemp-
Civil Aviation Organization (ICAO). If tion?
it would not, but we still believe it The FAA will notify you in writing
lhorne on DSKJLZT7X2PROD with CFR

would be in the public interest to allow about its decision on your petition. A
you to do so, we will file a difference copy of this decision is also placed in

35

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00045 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 11.101 14 CFR Ch. I (1–1–22 Edition)

the public docket. We will include the to get approval from OMB for our in-
docket number associated with your formation collection activities, and to
petition in our letter to you. list a record of those approvals in the
[Doc. No. FAA–2005–22982, 71 FR 1485, Jan. 10,
FEDERAL REGISTER. This subpart lists
2006] the control numbers OMB assigned to
FAA’s information collection activi-
§ 11.101 May I ask FAA to reconsider ties.
my petition for rulemaking or peti- (b) The table listing OMB control
tion for exemption if it is denied? numbers assigned to FAA’s informa-
Yes, you may petition FAA to recon- tion collection activities follows:
sider your petition denial. You must 14 CFR part or
submit your request to the address to section identified Current OMB control number
which you sent your original petition, and described
and FAA must receive it within 60 days Part 14 ............... 2120–0539
after we issued the denial. For us to ac- Part 17 ............... 2120–0632
cept your petition, show the following: Part 21 ............... 2120–0018, 2120–0552
Part 34 ............... 2120–0508
(a) That you have a significant addi- Part 39 ............... 2120–0056
tional fact and why you did not present Part 43 ............... 2120–0020
it in your original petition; Part 45 ............... 2120–0508
(b) That we made an important fac- Part 47 ............... 2120–0024, 2120–0042
Part 48 ............... 2120–0765
tual error in our denial of your original Part 49 ............... 2120–0043
petition; or Part 60 ............... 2120–0680
(c) That we did not correctly inter- Part 61 ............... 2120–0021, 2120–0034, 2120–0543,
2120–0571
pret a law, regulation, or precedent. Part 63 ............... 2120–0007
Part 65 ............... 2120–0022, 2120–0535, 2120–0571,
§ 11.103 What exemption relief may be 2120–0648
available to federal, state, and local Part 67 ............... 2120–0034, 2120–0543
governments when operating air- Part 77 ............... 2120–0001
craft that are not public aircraft? Part 89 ............... 2120–0781, 2120–0782, 2120–0783,
2120–0785.
The Federal Aviation Administration Part 91 ............... 2120–0005, 2120–0026, 2120–0027,
may grant a federal, state, or local 2120–0573, 2120–0606, 2120–0620,
2120–0631, 2120–0651
government an exemption from part A Part 93 ............... 2120–0524, 2120–0606, 2120–0639
of subtitle VII of title 49 United States Part 101 ............. 2120–0027
Code, and any regulation issued under Part 105 ............. 2120–0027, 2120–0641
that authority that is applicable to an Part 107 ............. 2120–0005, 2120–0021, 2120–0027,
2120–0767, 2120–0768, 2120–0775.
aircraft as a result of the Independent Part 111 ............. 2120–0607
Safety Board Act Amendments of 1994, Part 119 ............. 2120–0593
Public Law 103–411, if— Part 121 ............. 2120–0008, 2120–0028, 2120–0535,
2120–0571, 2120–0600, 2120–0606,
(a) The Administrator finds that 2120–0614, 2120–0616, 2120–0631,
granting the exemption is necessary to 2120–0651, 2120–0653, 2120–0691,
prevent an undue economic burden on 2120–0739, 2120–0760, 2120–0766.
the unit of government; and Part 125 ............. 2120–0028, 2120–0085, 2120–0616,
2120–0651
(b) The Administrator certifies that Part 129 ............. 2120–0028, 2120–0536, 2120–0616,
the aviation safety program of the unit 2120–0638
of government is effective and appro- Part 133 ............. 2120–0044
Part 135 ............. 2120–0003, 2120–0028, 2120–0039,
priate to ensure safe operations of the 2120–0535, 2120–0571, 2120–0600,
type of aircraft operated by the unit of 2120–0606, 2120–0614, 2120–0616,
government. 2120–0620, 2120–0631, 2120–0653,
2120–0766.
[68 FR 25488, May 13, 2003] Part 137 ............. 2120–0049
Part 139 ............. 2120–0045, 2120–0063
Part 141 ............. 2120–0009
Subpart B—Paperwork Reduction Part 142 ............. 2120–0570
Act Control Numbers Part 145 ............. 2120–0003, 2120–0010, 2120–0571
Part 147 ............. 2120–0040
Part 150 ............. 2120–0517
§ 11.201 Office of Management and Part 157 ............. 2120–0036
Budget (OMB) control numbers as- Part 158 ............. 2120–0557
signed under the Paperwork Reduc- Part 161 ............. 2120–0563
tion Act. Part 171 ............. 2120–0014
lhorne on DSKJLZT7X2PROD with CFR

Part 183 ............. 2120–0033, 2120–0604


(a) The Paperwork Reduction Act of Part 193 ............. 2120–0646
1995 (44 U.S.C. 3501–3520) requires FAA Part 198 ............. 2120–0514

36

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00046 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 13

14 CFR part or 13.20 Orders of compliance, cease and desist


section identified Current OMB control number orders, orders of denial, and other orders.
and described 13.21 through 13.29 [Reserved]
Part 400 ............. 2120–0643, 2120–0644, 0649
Part 401 ............. 2120–0608 Subpart D—Rules of Practice for FAA
Part 440 ............. 2120–0601 Hearings
SFAR 36 ............ 2120–0507
SFAR 71 ............ 2120–0620 13.31 Applicability.
13.33 Parties, representatives, and notice of
appearance.
[Doc. No. 1999–6622, 65 FR 50863, Aug. 21, 2000, 13.35 Request for hearing, complaint, and
as amended by Amdt. 11–47, 67 FR 9553, Mar. answer.
1, 2002; Amdt. 11–49, 68 FR 61321, Oct. 27, 2003; 13.37 Hearing officer: Assignment and pow-
Amdt. 11–49, 68 FR 70132, Dec. 17, 2003; 70 FR ers.
40163, July 12, 2005; 71 FR 63426, Oct. 30, 2006; 13.39 Disqualification of hearing officer.
72 FR 59599, Oct. 22, 2007; Amdt. 11–56, 79 FR 13.41 Separation of functions and prohibi-
12937, Mar. 7, 2014; Amdt. 11–57, 80 FR 58586, tion on ex parte communications.
Sept. 30, 2015; Doc. FAA–2015–7396, Amdt. 11– 13.43 Service and filing of pleadings, mo-
58, 80 FR 79255, Dec. 21, 2015; Doc. FAA–2011– tions, and documents.
1136, Amdt. 11–59, 81 FR 13969, Mar. 16, 2016; 13.44 [Reserved]
Doc. FAA–2014–0554, Amdt. 11–60, 81 FR 33117, 13.45 Computation of time and extension of
May 24, 2016; 81 FR 38573, June 14, 2016; Doc. time.
FAA–2016–9064, Amdt. 11–61, 81 FR 59129, Aug. 13.47 Withdrawal or amendment of the com-
29, 2016; FAA–2018–1087, Amdt. 11–64, 86 FR plaint, answer, or other filings.
4381, Jan. 15, 2021; Docket No. FAA–2019–1100, 13.49 Motions.
Amdt. 11–63, 86 FR 4503, Jan. 15, 2021; FAA– 13.51 Intervention.
2020–0246, Amdt. 11–65, 86 FR 31060, June 10, 13.53 Discovery.
2021] 13.55 Notice of hearing.
13.57 Subpoenas and witness fees.
PART 13—INVESTIGATIVE AND 13.59 Evidence.
13.61 Argument and submittals.
ENFORCEMENT PROCEDURES 13.63 Record, decision, and aircraft registra-
tion proceedings.
Subpart A—General Authority to Re- 13.65 Appeal to the Administrator, reconsid-
Delegate and Investigative Procedures eration, and judicial review.
13.67 Procedures for expedited proceedings.
Sec. 13.69 Other matters: Alternative dispute
13.1 Re-delegation. resolution, standing orders, and forms.
13.2 Reports of violations.
13.3 Investigations (general). Subpart E—Orders of Compliance Under
13.5 Formal complaints. the Hazardous Materials Transportation Act
13.7 Records, documents, and reports.
13.71 Applicability.
Subpart B—Administrative Actions 13.73 Notice of proposed order of compli-
ance.
13.11 Administrative disposition of certain 13.75 Reply or request for hearing.
violations. 13.77 Consent order of compliance.
13.79 [Reserved]
Subpart C—Legal Enforcement Actions 13.81 Emergency orders.
13.83–13.87 [Reserved]
13.13 Consent orders.
13.14 [Reserved] Subpart F—Formal Fact-Finding Investiga-
13.15 Civil penalties: Other than by adminis- tion Under an Order of Investigation
trative assessment.
13.16 Civil penalties: Administrative assess- 13.101 Applicability.
ment against a person other than an in- 13.103 Order of investigation.
dividual acting as a pilot, flight engi- 13.105 Notification.
neer, mechanic, or repairman; adminis- 13.107 Designation of additional parties.
trative assessment against all persons 13.109 Convening the investigation.
for hazardous materials violations. 13.111 Subpoenas.
13.17 Seizure of aircraft. 13.113 Noncompliance with the investigative
13.18 Civil penalties: Administrative assess- process.
ment against an individual acting as a 13.115 Public proceedings.
pilot, flight engineer, mechanic, or re- 13.117 Conduct of investigative proceeding
pairman.
lhorne on DSKJLZT7X2PROD with CFR

or deposition.
13.19 Certificate actions appealable to the 13.119 Immunity and orders requiring testi-
National Transportation Safety Board. mony or other information.

37

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00047 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 13.1 14 CFR Ch. I (1–1–22 Edition)
13.121 Witness fees. AUTHORITY: 18 U.S.C. 6002; 28 U.S.C. 2461
13.123 Submission by party to the investiga- (note); 49 U.S.C. 106(g), 5121–5124, 5127, 40113–
tion. 40114, 44103–44106, 44701–44703, 44709–44710,
13.125 Depositions. 44713, 46101–46111, 46301, 46302 (for a violation
13.127 Reports, decisions, and orders. of 49 U.S.C. 46504), 46304–46316, 46318, 46501–
13.129 Post-investigation action. 46502, 46504–46507, 47106, 47107, 47111, 47122,
13.131 Other procedures. 47306, 47531–47532; 49 CFR 1.83.

Subpart G—Rules of Practice In FAA Civil SOURCE: Docket No. 18884, 44 FR 63723, Nov.
5, 1979, unless otherwise noted.
Penalty Actions
13.201 Applicability. Subpart A—General Authority to
13.202 Definitions.
13.203 Separation of functions.
Re-Delegate and Investiga-
13.204 Appearances and rights of parties. tive Procedures
13.205 Administrative law judges.
13.206 Intervention. SOURCE: Docket No. FAA-2018-1051; Amdt.
13.207 Certification of documents. No. 13-40, 86 FR 54526, Oct. 1, 2021, unless oth-
13.208 Complaint. erwise noted.
13.209 Answer.
13.210 Filing of documents. § 13.1 Re-delegation.
13.211 Service of documents.
13.212 Computation of time. Unless otherwise specified, the Chief
13.213 Extension of time. Counsel, each Deputy Chief Counsel,
13.214 Amendment of pleadings. and the Assistant Chief Counsel for En-
13.215 Withdrawal of complaint or request forcement may re-delegate the author-
for hearing. ity delegated to them under this part.
13.216 Waivers.
13.217 Joint procedural or discovery sched-
§ 13.2 Reports of violations.
ule.
13.218 Motions. (a) Any person who knows of any vio-
13.219 Interlocutory appeals. lation of 49 U.S.C. subtitle VII, 49
13.220 Discovery. U.S.C. chapter 51, or any rule, regula-
13.221 Notice of hearing.
tion, or order issued under those stat-
13.222 Evidence.
13.223 Standard of proof. utes, should report the violation to
13.224 Burden of proof. FAA personnel.
13.225 Offer of proof. (b) FAA personnel will review each
13.226 Public disclosure of information. report made under this section to de-
13.227 Expert or opinion witnesses. termine whether any additional inves-
13.228 Subpoenas. tigation or action is warranted.
13.229 Witness fees.
13.230 Record. § 13.3 Investigations (general).
13.231 Argument before the administrative
law judge. (a) The Administrator may conduct
13.232 Initial decision. investigations; hold hearings; issue
13.233 Appeal from initial decision. subpoenas; require the production of
13.234 Petition to reconsider or modify a relevant documents, records, and prop-
final decision and order of the FAA deci-
erty; and take evidence and deposi-
sionmaker on appeal.
13.235 Judicial review of a final decision and tions.
order. (b) The Administrator has delegated
13.236 Alternative dispute resolution. the authority to conduct investiga-
tions to the various services and offices
Subpart H—Civil Monetary Penalty Inflation for matters within their respective
Adjustment areas.
13.301 Inflation adjustments of civil mone- (c) The Administrator delegates to
tary penalties. the Chief Counsel, each Deputy Chief
Counsel, and the Assistant Chief Coun-
Subpart I—Flight Operational Quality sel for Enforcement the authority to:
Assurance Programs (1) Issue orders;
(2) Conduct formal investigations;
lhorne on DSKJLZT7X2PROD with CFR

13.401 Flight Operational Quality Assurance


program: Prohibition against use of data (3) Subpoena witnesses and records in
for enforcement purposes. conducting a hearing or investigation;

38

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00048 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 13.5

(4) Order depositions and production (d) The FAA will send a copy of a
of records in a proceeding or investiga- complaint that meets the requirements
tion; and of paragraph (b) of this section to the
(5) Petition a court of the United subject(s) of the complaint by certified
States to enforce a subpoena or order mail.
described in paragraphs (c)(3) and (4) of (e) A subject of the complaint may
this section. serve a written answer to the com-
(d) A complaint against the sponsor, plaint to the Formal Complaint Clerk
proprietor, or operator of a federally at the address specified in paragraph
assisted airport involving violations of (b)(2) of this section no later than 20
the legal authorities listed in § 16.1 of days after service of a copy of the com-
this chapter must be filed in accord- plaint. For purposes of this paragraph
ance with the provisions of part 16 of (e), the date of service is the date on
this chapter. which the FAA mailed a copy of the
complaint to the subject of the com-
§ 13.5 Formal complaints.
plaint.
(a) Any person may file a complaint (f) After the subject(s) of the com-
with the Administrator with respect to plaint have served a written answer or
a violation by a person of any require- after the allotted time to serve an an-
ment under 49 U.S.C. subtitle VII, 49 swer has expired, the Administrator
U.S.C. chapter 51, or any rule, regula- will determine if there are reasonable
tion, or order issued under those stat- grounds for investigating the com-
utes, as to matters within the jurisdic- plaint, and—
tion of the Administrator. This section (1) If the Administrator determines
does not apply to complaints against that a complaint does not state facts
the Administrator or employees of the that warrant an investigation or ac-
FAA acting within the scope of their
tion, the complaint may be dismissed
employment.
without a hearing and the reason for
(b) Complaints filed under this sec-
the dismissal will be given, in writing,
tion must—
to the person who filed the complaint
(1) Be submitted in writing and iden-
and the subject(s) of the complaint; or
tified as a complaint seeking an appro-
priate order or other enforcement ac- (2) If the Administrator determines
tion; that reasonable grounds exist, an infor-
(2) Be submitted to the Federal Avia- mal investigation may be initiated or
tion Administration, Office of the Chief an order of investigation may be issued
Counsel, Attention: Formal Complaint in accordance with subpart F of this
Clerk (AGC–300), 800 Independence Ave- part, or both. The subject(s) of a com-
nue SW, Washington, DC 20591; plaint will be advised which official has
(3) Set forth the name and address, if been delegated the responsibility under
known, of each person who is the sub- § 13.3(b) or (c), as applicable, for con-
ject of the complaint and, with respect ducting the investigation.
to each person, the specific provisions (g) If the investigation substantiates
of the statute, rule, regulation, or the allegations set forth in the com-
order that the complainant believes plaint, the Administrator may take ac-
were violated; tion in accordance with applicable law
(4) Contain a concise but complete and FAA policy.
statement of the facts relied upon to (h) The complaint and other records
substantiate each allegation; relating to the disposition of the com-
(5) State the name, address, tele- plaint are maintained in the Formal
phone number, and email of the person Complaint Docket (AGC–300), Office of
filing the complaint; and the Chief Counsel, Federal Aviation
(6) Be signed by the person filing the Administration, 800 Independence Ave-
complaint or an authorized representa- nue SW, Washington, DC 20591. Any in-
tive. terested person may examine any dock-
(c) A complaint that does not meet eted material at that office at any time
the requirements of paragraph (b) of after the docket is established, except
lhorne on DSKJLZT7X2PROD with CFR

this section will be considered a report material that is required to be with-


under § 13.2. held from the public under applicable

39

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00049 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 13.7 14 CFR Ch. I (1–1–22 Edition)

law, and may obtain a copy upon pay- § 13.13 Consent orders.
ing the cost of the copy. (a) The Chief Counsel, each Deputy
Chief Counsel, and the Assistant Chief
§ 13.7 Records, documents, and re-
ports. Counsel for Enforcement may issue a
consent order to resolve any matter
Each record, document, and report with a person that may be subject to
that FAA regulations require to be legal enforcement action.
maintained, exhibited, or submitted to (b) A person that may be subject to
the Administrator may be used in any legal enforcement action may propose
investigation conducted by the Admin- a consent order. The proposed consent
istrator; and, except to the extent the order must include—
use may be specifically limited or pro- (1) An admission of all jurisdictional
hibited by the section which imposes facts;
the requirement, the records, docu- (2) An express waiver of the right to
ments, and reports may be used in any further procedural steps and of all
civil penalty action, certificate action, rights to legal review in any forum;
or other legal proceeding. (3) An express waiver of attorney’s
fees and costs;
Subpart B—Administrative Actions (4) If a notice or order has been
issued prior to the proposed consent
order, an incorporation by reference of
SOURCE: Docket No. FAA-2018-1051; Amdt. the notice or order and an acknowledg-
No. 13-40, 86 FR 54527, Oct. 1, 2021, unless oth-
ment that the notice or order may be
erwise noted.
used to construe the terms of the con-
§ 13.11 Administrative disposition of sent order; and
certain violations. (5) If a request for hearing or appeal
is pending in any forum, a provision
(a) If, after an investigation, FAA that the person will withdraw the re-
personnel determine that an apparent quest for hearing or notice of appeal.
violation of 49 U.S.C. subtitle VII, 49
U.S.C. chapter 51, or any rule, regula- § 13.14 [Reserved]
tion, or order issued under those stat-
utes, does not require legal enforce- § 13.15 Civil penalties: Other than by
ment action, an appropriate FAA offi- administrative assessment.
cial may take administrative action to (a) The FAA uses the procedures in
address the apparent violation. this section when it seeks a civil pen-
(b) An administrative action under alty other than by the administrative
this section does not constitute a for- assessment procedures in § 13.16 or
mal adjudication of the matter, and § 13.18.
may take the form of— (b) The authority of the Adminis-
(1) A Warning Notice that recites trator to seek a civil penalty, and the
available facts and information about ability to refer cases to the United
the incident or condition and indicates States Attorney General, or the dele-
that it may have been a violation; or gate of the Attorney General, for pros-
(2) A Letter of Correction that states ecution of civil penalty actions sought
the corrective action the apparent vio- by the Administrator is delegated to
lator has taken or agrees to take. If the Chief Counsel, each Deputy Chief
the apparent violator does not com- Counsel, and the Assistant Chief Coun-
plete the agreed corrective action, the sel for Enforcement. This delegation
FAA may take legal enforcement ac- applies to cases involving one or more
tion. of the following:
(1) An amount in controversy in ex-
cess of:
Subpart C—Legal Enforcement (i) $400,000, if the violation was com-
Actions mitted by a person other than an indi-
vidual or small business concern; or
SOURCE: Docket No. FAA-2018-1051; Amdt. (ii) $50,000, if the violation was com-
lhorne on DSKJLZT7X2PROD with CFR

No. 13-40, 86 FR 54527, Oct. 1, 2021, unless oth- mitted by an individual or small busi-
erwise noted. ness concern.

40

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00050 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 13.16

(2) An in rem action, seizure of air- is subject to a civil penalty or to deter-


craft subject to lien, suit for injunctive mine the amount for which the Admin-
relief, or for collection of an assessed istrator will compromise the action.
civil penalty. (5) If the parties cannot agree to
(c) The Administrator may com- compromise the civil penalty, the Ad-
promise any civil penalty proposed ministrator may refer the civil penalty
under this section, before referral to action to the United States Attorney
the United States Attorney General, or General, or the delegate of the Attor-
the delegate of the Attorney General, ney General, to begin proceedings in a
for prosecution. U.S. district court to prosecute and
(1) The Administrator, through the collect a civil penalty.
Chief Counsel, a Deputy Chief Counsel,
or the Assistant Chief Counsel for En- § 13.16 Civil penalties: Administrative
assessment against a person other
forcement sends a civil penalty letter than an individual acting as a pilot,
to the person charged with a violation. flight engineer, mechanic, or re-
The civil penalty letter contains a pairman; administrative assessment
statement of the charges; the applica- against all persons for hazardous
ble law, rule, regulation, or order; and materials violations.
the amount of civil penalty that the (a) General. The FAA uses the proce-
Administrator will accept in full set- dures in this section when it assesses a
tlement of the action or an offer to civil penalty against a person other
compromise the civil penalty. than an individual acting as a pilot,
(2) Not later than 30 days after re- flight engineer, mechanic, or repair-
ceipt of the civil penalty letter, the man for a violation cited in the first
person cited with an alleged violation sentence of 49 U.S.C. 46301(d)(2), or in 49
may respond to the civil penalty letter U.S.C. 47531, or any implementing rule,
by— regulation, or order, except when the
(i) Submitting electronic payment, a U.S. district courts have exclusive ju-
certified check, or money order in the risdiction.
amount offered by the Administrator (b) District court jurisdiction. The U.S.
in the civil penalty letter. The agency district courts have exclusive jurisdic-
attorney will send a letter to the per- tion of any civil penalty action initi-
son charged with the violation stating ated by the FAA for violations de-
that payment is accepted in full settle- scribed in paragraph (a) of this section
ment of the civil penalty action; or if—
(ii) Submitting one of the following (1) The amount in controversy is
to the agency attorney: more than $400,000 for a violation com-
(A) Written material or information mitted by a person other than an indi-
that may explain, mitigate, or deny vidual or small business concern;
the violation or that may show extenu- (2) The amount in controversy is
ating circumstances; or more than $50,000 for a violation com-
(B) A written request for an informal mitted by an individual or a small
conference to discuss the matter with business concern;
the agency attorney and to submit any (3) The action is in rem or another
relevant information or documents action in rem based on the same viola-
that may explain, mitigate, or deny tion has been brought;
the violation; or that may show ex- (4) The action involves an aircraft
tenuating circumstances. subject to a lien that has been seized
(3) The documents, material, or infor- by the Government; or
mation submitted under paragraph (5) Another action has been brought
(c)(2)(ii) of this section may include for an injunction based on the same
support for any claim of inability to violation.
pay the civil penalty in whole or in (c) Hazardous materials violations. An
part, or for any claim of small business order assessing a civil penalty for a
status as defined in 49 U.S.C. 46301(i). violation under 49 U.S.C. chapter 51, or
(4) The Administrator will consider a rule, regulation, or order issued
any material or information submitted under 49 U.S.C. chapter 51, is issued
lhorne on DSKJLZT7X2PROD with CFR

under paragraph (c)(2)(ii) of this sec- only after the following factors have
tion to determine whether the person been considered:

41

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00051 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 13.16 14 CFR Ch. I (1–1–22 Edition)

(1) The nature, circumstances, ex- son, or if there is no such designated


tent, and gravity of the violation; agent, the president of the company
(2) With respect to the violator, the charged with a violation. In response
degree of culpability, any history of to a notice of proposed civil penalty, a
prior violations, the ability to pay, and company may designate in writing an-
any effect on the ability to continue to other person to receive documents in
do business; and that civil penalty action. The notice of
(3) Other matters that justice re- proposed civil penalty contains a state-
quires. ment of the charges and the amount of
(d) Delegation of authority. The au- the proposed civil penalty. Not later
thority of the Administrator is dele- than 30 days after receipt of the notice
gated to each Deputy Chief Counsel of proposed civil penalty, the person
and the Assistant Chief Counsel for En- charged with a violation may—
forcement, as follows: (1) Submit the amount of the pro-
(1) Under 49 U.S.C. 46301(d), 47531, and posed civil penalty or an agreed-upon
5123, and 49 CFR 1.83, to initiate and as- amount, in which case either an order
sess civil penalties for a violation of assessing civil penalty or compromise
those statutes or a rule, regulation, or order under paragraph (n) of this sec-
order issued under those provisions; tion may be issued in that amount;
(2) Under 49 U.S.C. 5123, 49 CFR 1.83, (2) Submit to the agency attorney
49 U.S.C. 46301(d), and 49 U.S.C. 46305, to one of the following:
refer cases to the Attorney General of (i) Written information, including
the United States or a delegate of the documents and witness statements,
Attorney General for collection of civil demonstrating that a violation of the
penalties; regulations did not occur or that a pen-
(3) Under 49 U.S.C. 46301(f), to com- alty or the amount of the penalty is
promise the amount of a civil penalty not warranted by the circumstances.
imposed; and (ii) A written request to reduce the
(4) Under 49 U.S.C. 5123(e) and (f) and proposed civil penalty, stating the
49 CFR 1.83, to compromise the amount amount of reduction and the reasons
of a civil penalty imposed. and providing any documents sup-
(e) Order assessing civil penalty. (1) An porting a reduction of the proposed
order assessing civil penalty may be civil penalty, including records indi-
issued for a violation described in para- cating a financial inability to pay or
graph (a) or (c) of this section, or as records showing that payment of the
otherwise provided by statute, after proposed civil penalty would prevent
notice and opportunity for a hearing, the person from continuing in business.
when: (iii) A written request for an infor-
(i) A person charged with a violation mal conference to discuss the matter
agrees to pay a civil penalty for a vio- with the agency attorney and to sub-
lation; or mit relevant information or docu-
(ii) A person charged with a violation ments; or
does not request a hearing under para- (3) Request a hearing conducted in
graph (g)(2)(ii) of this section within 15 accordance with subpart G of this part.
days after receipt of a final notice of (g) Final notice of proposed civil pen-
proposed civil penalty. alty. A final notice of proposed civil
(2) The following also serve as an penalty will be sent to the person
order assessing civil penalty: charged with a violation, the des-
(i) An initial decision or order issued ignated agent for the person, the des-
by an administrative law judge as de- ignated agent named in accordance
scribed in § 13.232(e). with paragraph (f) of this section, or
(ii) A decision or order issued by the the president of the company charged
FAA decisionmaker as described in with a violation. The final notice of
§ 13.233(j). proposed civil penalty contains a state-
(f) Notice of proposed civil penalty. A ment of the charges and the amount of
civil penalty action is initiated by the proposed civil penalty and, as a re-
sending a notice of proposed civil pen- sult of information submitted to the
lhorne on DSKJLZT7X2PROD with CFR

alty to the person charged with a viola- agency attorney during informal proce-
tion, the designated agent for the per- dures, may modify an allegation or a

42

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00052 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 13.17

proposed civil penalty contained in a (ii) Making an electronic payment


notice of proposed civil penalty. according to the directions specified in
(1) A final notice of proposed civil the notice of proposed civil penalty,
penalty may be issued— the final notice of proposed civil pen-
(i) If the person charged with a viola- alty, or the order assessing civil pen-
tion fails to respond to the notice of alty.
proposed civil penalty within 30 days (2) The civil penalty must be paid
after receipt of that notice; or within 30 days after service of the order
(ii) If the parties participated in any assessing civil penalty, unless other-
procedures under paragraph (f)(2) of wise agreed to by the parties. In cases
this section and the parties have not
where a hearing is requested, an appeal
agreed to compromise the action or the
to the FAA decisionmaker is filed, or a
agency attorney has not agreed to
withdraw the notice of proposed civil petition for review of the FAA deci-
penalty. sionmaker’s decision is filed in a U.S.
(2) Not later than 15 days after re- court of appeals, the civil penalty must
ceipt of the final notice of proposed be paid within 30 days after all litiga-
civil penalty, the person charged with tion in the matter is completed and the
a violation may do one of the fol- civil penalty is affirmed in whole or in
lowing: part.
(i) Submit the amount of the pro- (m) Collection of civil penalties. If an
posed civil penalty or an agreed-upon individual does not pay a civil penalty
amount, in which case either an order imposed by an order assessing civil
assessing civil penalty or a com- penalty or other final order, the Ad-
promise order under paragraph (n) of ministrator may take action to collect
this section may be issued in that the penalty.
amount; or (n) Compromise. The FAA may com-
(ii) Request a hearing conducted in promise the amount of any civil pen-
accordance with subpart G of this part. alty imposed under this section under
(h) Request for a hearing. Any person 49 U.S.C. 5123(e), 46301(f), or 46318 at any
requesting a hearing, under paragraph time before referring the action to the
(f)(3) or (g)(2)(ii) of this section must
United States Attorney General, or the
file the request with the FAA Hearing
delegate of the Attorney General, for
Docket Clerk and serve the request on
collection.
the agency attorney in accordance
with the requirements in subpart G of (1) When a civil penalty is com-
this part. promised with a finding of violation, an
(i) Hearing. The procedural rules in agency attorney issues an order assess-
subpart G of this part apply to the ing civil penalty.
hearing. (2) When a civil penalty is com-
(j) Appeal. Either party may appeal promised without a finding of viola-
the administrative law judge’s initial tion, the agency attorney issues a com-
decision to the FAA decisionmaker promise order that states the fol-
under the procedures in subpart G of lowing:
this part. The procedural rules in sub- (i) The person has paid a civil penalty
part G of this part apply to the appeal. or has signed a promissory note pro-
(k) Judicial review. A person may seek viding for installment payments.
judicial review only of a final decision (ii) The FAA makes no finding of a
and order of the FAA decisionmaker in violation.
accordance with § 13.235. (iii) The compromise order will not
(l) Payment. (1) A person must pay a
be used as evidence of a prior violation
civil penalty by:
in any subsequent civil penalty pro-
(i) Sending a certified check or
money order, payable to the Federal ceeding or certificate action pro-
Aviation Administration, to the FAA ceeding.
office identified in the notice of pro-
§ 13.17 Seizure of aircraft.
posed civil penalty, the final notice of
lhorne on DSKJLZT7X2PROD with CFR

proposed civil penalty, or the order as- (a) The Chief Counsel, or a Regional
sessing civil penalty; or Administrator for an aircraft within

43

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00053 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 13.18 14 CFR Ch. I (1–1–22 Edition)

the region, may issue an order author- under 49 U.S.C. 46305 to enforce a lien
izing a State or Federal law enforce- against the aircraft; or
ment officer or a Federal Aviation Ad- (4) A bond in the amount and with
ministration safety inspector to seize the sureties prescribed by the Chief
an aircraft that is involved in a viola- Counsel or the Assistant Chief Counsel
tion for which a civil penalty may be for Enforcement is deposited, condi-
imposed on its owner or the individual tioned on payment of the penalty or
commanding the aircraft. the compromise amount, and the costs
(b) Each person seizing an aircraft of seizing, storing, and maintaining the
under this section places it in the near- aircraft.
est available and adequate public stor-
age facility in the judicial district in § 13.18 Civil penalties: Administrative
which it was seized. assessment against an individual
(c) The Regional Administrator or acting as a pilot, flight engineer,
Chief Counsel, without delay, sends a mechanic, or repairman.
written notice and a copy of this sec- (a) General. (1) This section applies to
tion to the registered owner of the each action in which the FAA seeks to
seized aircraft and to each other person assess a civil penalty by administrative
shown by FAA records to have an in- procedures against an individual acting
terest in it, stating the— as a pilot, flight engineer, mechanic, or
(1) Time, date, and place of seizure; repairman under 49 U.S.C. 46301(d)(5)
(2) Name and address of the custodian for a violation listed in 49 U.S.C.
of the aircraft; 46301(d)(2). This section does not apply
(3) Reasons for the seizure, including to a civil penalty assessed for a viola-
the violations alleged or proven to tion of 49 U.S.C. chapter 51, or a rule,
have been committed; and regulation, or order issued thereunder.
(4) Amount that may be tendered (2) Notwithstanding the provisions of
as— paragraph (a)(1) of this section, the
(i) A compromise of a civil penalty U.S. district courts have exclusive ju-
for the alleged violation; or risdiction of any civil penalty action
(ii) Payment for a civil penalty im- involving an individual acting as a
posed for a proven violation. pilot, flight engineer, mechanic, or re-
(d) The Chief Counsel or Assistant pairman for violations described in
Chief Counsel for Enforcement imme- paragraph (a)(1), or under 49 U.S.C.
diately sends a report to the United 46301(d)(4), if:
States Attorney for the judicial dis- (i) The amount in controversy is
trict in which it was seized, requesting more than $50,000;
the United States Attorney to insti- (ii) The action involves an aircraft
tute proceedings to enforce a lien subject to a lien that has been seized
against the aircraft. by the government; or
(e) The Regional Administrator or (iii) Another action has been brought
Chief Counsel directs the release of a for an injunction based on the same
seized aircraft when— violation.
(1) The alleged violator pays a civil (b) Definitions. As used in this part,
penalty or an amount agreed upon in the following definitions apply:
compromise, and the costs of seizing, (1) Flight engineer means an indi-
storing, and maintaining the aircraft; vidual who holds a flight engineer cer-
(2) The aircraft is seized under an tificate issued under part 63 of this
order of a court of the United States in chapter.
proceedings in rem initiated under 49 (2) Individual acting as a pilot, flight
U.S.C. 46305 to enforce a lien against engineer, mechanic, or repairman means
the aircraft; an individual acting in such capacity,
(3) The United States Attorney Gen- whether or not that individual holds
eral, or the delegate of the Attorney the respective airman certificate
General, notifies the FAA that the issued by the FAA.
United States Attorney General, or the (3) Mechanic means an individual who
lhorne on DSKJLZT7X2PROD with CFR

delegate of the Attorney General, re- holds a mechanic certificate issued


fuses to institute proceedings in rem under part 65 of this chapter.

44

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00054 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 13.18

(4) Pilot means an individual who (e) Failure to respond to notice of pro-
holds a pilot certificate issued under posed assessment. An order of assess-
part 61 of this chapter. ment may be issued if the individual
(5) Repairman means an individual charged with a violation fails to re-
who holds a repairman certificate spond to the notice of proposed assess-
issued under part 65 of this chapter. ment within 15 days after receipt of
(c) Delegation of authority. The au- that notice.
thority of the Administrator is dele- (f) Order of assessment. An order of as-
gated to the Chief Counsel and each sessment, which imposes a civil pen-
Deputy Chief Counsel, and the Assist- alty, may be issued for a violation de-
ant Chief Counsel for Enforcement, as scribed in paragraph (a) of this section
follows: after notice and an opportunity to an-
(1) To initiate and assess civil pen-
swer any charges and be heard as to
alties under 49 U.S.C. 46301(d)(5);
why such order should not be issued.
(2) To refer cases to the Attorney
General of the United States, or the (g) Appeal. Any individual who re-
delegate of the Attorney General, for ceives an order of assessment issued
collection of civil penalties; and under this section may appeal the
(3) To compromise the amount of a order to the National Transportation
civil penalty under 49 U.S.C. 46301(f). Safety Board. The appeal stays the ef-
(d) Notice of proposed assessment. A fectiveness of the Administrator’s
civil penalty action is initiated by order.
sending a notice of proposed assess- (h) Judicial review. A party may seek
ment to the individual charged with a judicial review only of a final decision
violation specified in paragraph (a) of and order of the National Transpor-
this section. The notice of proposed as- tation Safety Board under 49 U.S.C.
sessment contains a statement of the 46301(d)(6) and 46110. Neither an initial
charges and the amount of the pro- decision, nor an order issued by an ad-
posed civil penalty. The individual ministrative law judge that has not
charged with a violation may do the been appealed to the National Trans-
following: portation Safety Board, nor an order
(1) Submit the amount of the pro- compromising a civil penalty action,
posed civil penalty or an agreed-upon may be appealed under any of those
amount, in which case either an order sections.
of assessment or a compromise order (i) Compromise. The FAA may com-
will be issued in that amount. promise any civil penalty imposed
(2) Answer the charges in writing by under this section at any time before
submitting information, including doc- referring the action to the United
uments and witness statements, dem- States Attorney General, or the dele-
onstrating that a violation of the regu- gate of the Attorney General, for col-
lations did not occur or that a penalty, lection.
or the amount of the penalty, is not (1) When a civil penalty is com-
warranted by the circumstances. promised with a finding of violation, an
(3) Submit a written request to re- agency attorney issues an order of as-
duce the proposed civil penalty, stating sessment.
the amount of reduction and the rea-
(2) When a civil penalty is com-
sons, and providing any documents
promised without a finding of viola-
supporting a reduction of the proposed
civil penalty, including records indi- tion, the agency attorney issues a com-
cating a financial inability to pay. promise order of assessment that
(4) Submit a written request for an states the following:
informal conference to discuss the (i) The individual has paid a civil
matter with an agency attorney and penalty or has signed a promissory
submit relevant information or docu- note providing for installment pay-
ments. ments;
(5) Request that an order of assess- (ii) The FAA makes no finding of vio-
ment be issued so that the individual lation; and
lhorne on DSKJLZT7X2PROD with CFR

charged may appeal to the National (iii) The compromise order will not
Transportation Safety Board. be used as evidence of a prior violation

45

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00055 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 13.19 14 CFR Ch. I (1–1–22 Edition)

in any subsequent civil penalty pro- carrier operating certificate, air navi-
ceeding or certificate action pro- gation facility certificate, air agency
ceeding. certificate, or to revoke an aircraft
(j) Payment. (1) An individual must certificate of registration because the
pay a civil penalty by: aircraft was used to carry out or facili-
(i) Sending a certified check or tate an activity punishable under a law
money order, payable to the Federal of the United States or a State related
Aviation Administration, to the FAA to a controlled substance (except a law
office identified in the order of assess- related to simple possession of a con-
ment; or trolled substance), by death or impris-
(ii) Making an electronic payment onment for more than one year, and
according to the directions specified in the owner of the aircraft permitted the
the order of assessment.
use of the aircraft knowing that the
(2) The civil penalty must be paid
aircraft was to be used for the activity.
within 30 days after service of the order
of assessment, unless an appeal is filed (1) A notice of proposed certificate
with the National Transportation Safe- action will advise the certificate holder
ty Board. In cases where an appeal is or aircraft owner of the charges or
filed with the National Transportation other reasons upon which the Adminis-
Safety Board, or a petition for review trator bases the proposed action, and
is filed with a U.S. court of appeals, the allows the holder to answer any
civil penalty must be paid within 30 charges and to be heard as to why the
days after all litigation in the matter certificate should not be amended, sus-
is completed and the civil penalty is af- pended, modified, or revoked.
firmed in whole or in part. (2) In response to a notice of proposed
(k) Collection of civil penalties. If an certificate action described in para-
individual does not pay a civil penalty graph (b)(1) of this section, the certifi-
imposed by an order of assessment or cate holder or aircraft owner, within 15
other final order, the Administrator days of the date of receipt of the no-
may take action provided under the tice, may—
law to collect the penalty. (i) Surrender the certificate and
§ 13.19 Certificate actions appealable waive any right to contest or appeal
to the National Transportation the charged violations and sanction, in
Safety Board. which case the Administrator will
(a) The Administrator may issue an issue an order;
order amending, modifying, sus- (ii) Answer the charges in writing by
pending, or revoking all or part of any submitting information, including doc-
type certificate, production certificate, uments and witness statements, dem-
airworthiness certificate, airman cer- onstrating that a violation of the regu-
tificate, air carrier operating certifi- lations did not occur or that the pro-
cate, air navigation facility certificate, posed sanction is not warranted by the
or air agency certificate if as a result circumstances;
of a reinspection, reexamination, or (iii) Submit a written request for an
other investigation, the Administrator informal conference to discuss the
determines that the public interest and matter with an agency attorney and
safety in air commerce requires it, if a submit relevant information or docu-
certificate holder has violated an air- ments; or
craft noise or sonic boom standard or (iv) Request that an order be issued
regulation prescribed under 49 U.S.C. in accordance with the notice of pro-
44715(a), or if the holder of the certifi- posed certificate action so that the cer-
cate is convicted of violating 16 U.S.C.
tificate holder or aircraft owner may
742j-1(a).
appeal to the National Transportation
(b) The agency attorney will issue a
Safety Board.
notice before issuing a non-imme-
diately effective order to amend, mod- (c) In the case of an emergency order
ify, suspend, or revoke a type certifi- amending, modifying, suspending, or
lhorne on DSKJLZT7X2PROD with CFR

cate, production certificate, airworthi- revoking a type certificate, production


ness certificate, airman certificate, air certificate, airworthiness certificate,

46

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00056 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 13.20

airman certificate, air carrier oper- (except a law related to simple posses-
ating certificate, air navigation facil- sion of a controlled substance), by
ity certificate, or air agency certifi- death or imprisonment for more than
cate, a person affected by the imme- one year; and
diate effectiveness of the Administra- (ii) The owner of the aircraft per-
tor’s order may petition the National mitted the use of the aircraft knowing
Transportation Safety Board for a re- that the aircraft was to be used for the
view of the Administrator’s determina- activity described in paragraph (d)(2)(i)
tion that an emergency exists. of this section.
(d) A person may not petition the Na- (3) The revocation of an airman cer-
tional Transportation Safety Board for tificate, design organization certifi-
a review of the Administrator’s deter- cate, type certificate, production cer-
mination that safety in air transpor- tificate, airworthiness certificate, air
tation or air commerce requires the carrier operating certificate, airport
immediate effectiveness of an order operating certificate, air agency cer-
where the action is based on the cir- tificate, or air navigation facility cer-
cumstances described in paragraph tificate if the Administrator finds that
(d)(1), (2), or (3) of this section. the holder of the certificate or an indi-
(1) The revocation of an individual’s vidual who has a controlling or owner-
airman certificates for the reasons ship interest in the holder—
stated in paragraph (d)(1)(i) or (ii) of (i) Was convicted in a court of law of
this section: a violation of a law of the United
(i) A conviction under a law of the States relating to the installation, pro-
United States or a State related to a duction, repair, or sale of a counterfeit
controlled substance (except a law re- or fraudulently-represented aviation
lated to simple possession of a con- part or material; or
trolled substance), of an offense pun- (ii) Knowingly, and with the intent
ishable by death or imprisonment for to defraud, carried out or facilitated an
more than one year if the Adminis- activity described in paragraph (d)(3)(i)
trator finds that— of this section.
(A) An aircraft was used to commit,
or facilitate the commission of the of- § 13.20 Orders of compliance, cease
fense; and and desist orders, orders of denial,
(B) The individual served as an air- and other orders.
man, or was on the aircraft, in connec- (a) General. This section applies to all
tion with committing, or facilitating of the following:
the commission of, the offense. (1) Orders of compliance;
(ii) Knowingly carrying out an activ- (2) Cease and desist orders;
ity punishable, under a law of the (3) Orders of denial;
United States or a State related to a (4) Orders suspending or revoking a
controlled substance (except a law re- certificate of registration (but not rev-
lated to simple possession of a con- ocation of a certificate of registration
trolled substance), by death or impris- because the aircraft was used to carry
onment for more than one year; and— out or facilitate an activity punish-
(A) An aircraft was used to carry out able, under a law of the United States
or facilitate the activity; and or a State related to a controlled sub-
(B) The individual served as an air- stance (except a law related to simple
man, or was on the aircraft, in connec- possession of a controlled substance),
tion with carrying out, or facilitating by death or imprisonment for more
the carrying out of, the activity. than one year and the owner of the air-
(2) The revocation of a certificate of craft permitted the use of the aircraft
registration for an aircraft, and any knowing that the aircraft was to be
other aircraft the owner of that air- used for the activity); and
craft holds, if the Administrator finds (5) Other orders issued by the Admin-
that— istrator to carry out the provisions of
(i) The aircraft was used to carry out the Federal aviation statute codified at
or facilitate an activity punishable, 49 U.S.C. subtitle VII that apply this
lhorne on DSKJLZT7X2PROD with CFR

under a law of the United States or a section by statute, rule, regulation, or


State related to a controlled substance order, or for which there is no specific

47

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00057 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 13.20 14 CFR Ch. I (1–1–22 Edition)

administrative process provided by issue an appropriate order without fur-


statute, rule, regulation, or order. ther notice or proceedings.
(b) Applicability of procedures. (1) (d) Emergency procedures. (1) If the
Prior to the issuance of a non-imme- Administrator is of the opinion that an
diately effective order covered by this emergency exists related to safety in
section, the Administrator will provide air commerce and requires immediate
the person who would be subject to the action, the Administrator issues simul-
order with notice, advising the person taneously:
of the charges or other reasons upon (i) An immediately effective order
which the proposed action is based, and that expires 80 days after the date of
the provisions in paragraph (c) of this issuance and sets forth the charges or
section apply.
other reasons upon which the order is
(2) If the Administrator is of the based; and
opinion that an emergency exists re-
(ii) A notice of proposed action that:
lated to safety in air commerce and re-
quires immediate action and issues an (A) Sets forth the charges or other
order covered by this section that is reasons upon which the notice of pro-
immediately effective, the provisions posed action is based; and
of paragraph (d) of this section apply. (B) Advises that within 10 days after
(c) Non-emergency procedures. (1) service of the notice, the person may
Within 30 days after service of the no- appeal the notice by requesting an ex-
tice, the person subject to the notice pedited hearing in accordance with the
may: emergency procedures of subpart D of
(i) Submit a written reply; this part.
(ii) Agree to the issuance of the order (2) The Administrator will serve the
as proposed in the notice of proposed immediately effective order and the
action, waiving any right to contest or notice of proposed action together by
appeal the agreed-upon order issued personal or overnight delivery and by
under this option in any administra- certified or registered mail to the per-
tive or judicial forum; son subject to the order and notice of
(iii) Submit a written request for an proposed action.
informal conference to discuss the (3) Failure to request a hearing chal-
matter with an agency attorney; or lenging the notice of proposed action
(iv) Request a hearing in accordance under the expedited procedures in sub-
with the non-emergency procedures of part D of this part within 10 days after
subpart D of this part. service of the notice:
(2) After an informal conference is (i) Constitutes a waiver of the right
held or a reply is filed, if the agency at- to a hearing and appeal under subpart
torney notifies the person that some or D of this part; and
all of the proposed agency action will (ii) Authorizes the Administrator,
not be withdrawn, the person may, without further notice or proceedings,
within 10 days after receiving the agen-
to make appropriate findings of fact,
cy attorney’s notification, request a
issue an immediately effective order
hearing on the parts of the proposed
agency action not withdrawn, in ac- without expiration, and withdraw the
cordance with the non-emergency pro- 80-day immediately effective order.
cedures of subpart D of this part. (4) The filing of a request for hearing
(3) If a hearing is requested in accord- under subpart D of this part does not
ance with paragraph (c)(1)(iv) or (c)(2) stay the effectiveness of the 80-day im-
of this section, the non-emergency pro- mediately effective order issued under
cedures of subpart D of this part apply. this section.
(4) Failure to request a hearing with- (e) Delegation of authority. The au-
in the periods provided in paragraph thority of the Administrator under this
(c)(1)(iv) or (c)(2) of this section: section is delegated to the Chief Coun-
(i) Constitutes a waiver of the right sel, each Deputy Chief Counsel, and the
to a hearing and appeal; and Assistant Chief Counsel for Enforce-
lhorne on DSKJLZT7X2PROD with CFR

(ii) Authorizes the agency to make ment.


appropriate findings of fact and to

48

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00058 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 13.37

§§ 13.21 through 13.29 [Reserved] The request for hearing must be in


writing and describe the action pro-
Subpart D—Rules of Practice for posed by the FAA, and must contain a
FAA Hearings statement that a hearing is requested
under this subpart.
SOURCE: Docket No. FAA-2018-1051; Amdt. (b) Complaint. Within 20 days after
No. 13-40, 86 FR 54532, Oct. 1, 2021, unless oth- service of the copy of the request for
erwise noted. hearing, the official who issued the no-
tice of proposed action must forward a
§ 13.31 Applicability. copy of that notice, which serves as the
This subpart applies to proceedings complaint, to the FAA Hearing Docket.
in which a hearing has been requested (c) Answer. Within 30 days after serv-
in accordance with § 13.20 or § 13.75. ice of the copy of the complaint, the
Hearings under this subpart are consid- Respondent must file an answer to the
ered informal and are provided through complaint. All allegations in the com-
the Office of Adjudication. plaint not specifically denied in the an-
§ 13.33 Parties, representatives, and swer are deemed admitted.
notice of appearance.
§ 13.37 Hearing officer: Assignment
(a) Parties. Parties to proceedings and powers.
under this subpart include the fol-
lowing: Complainant, respondent, and As soon as practicable after the filing
where applicable, intervenor. of the complaint, the Director of the
(1) Complainant is the FAA Office Office of Adjudication will assign a
that issued the notice of proposed ac- hearing officer to preside over the mat-
tion under the authorities listed in ter. The hearing officer may—
§ 13.31. (a) Give notice concerning, and hold,
(2) Respondent is the party filing a prehearing conferences and hearings;
request for hearing. (b) Administer oaths and affirma-
(3) Intervenor is a person permitted tions;
to participate as a party under § 13.51. (c) Examine witnesses;
(b) Representatives. Any party to a
(d) Adopt procedures for the submis-
proceeding under this subpart may ap-
pear and be heard in person or by a rep- sion of evidence in written form;
resentative. A representative is an at- (e) Issue subpoenas;
torney, or another representative des- (f) Rule on offers of proof;
ignated by the party. (g) Receive evidence;
(c) Notice of appearance—(1) Content. (h) Regulate the course of pro-
The representative of a party must file ceedings, including but not limited to
a notice of appearance that includes discovery, motions practice, imposi-
the representative’s name, address, tion of sanctions, and the hearing;
telephone number, and, if available, fax (i) Hold conferences, before and dur-
number, and email address. ing the hearing, to settle and simplify
(2) Filing. A notice of appearance may issues by consent of the parties;
be incorporated into an initial filing in (j) Dispose of procedural requests and
a proceeding. A notice of appearance by
similar matters;
additional representatives or sub-
(k) Issue protective orders governing
stitutes after an initial filing in a pro-
ceeding must be filed independently. the exchange and safekeeping of infor-
mation otherwise protected by law, ex-
§ 13.35 Request for hearing, complaint, cept that national security informa-
and answer. tion may not be disclosed under such
(a) Initial filing and service. A request an order;
for hearing must be filed with the FAA (l) Issue orders and decisions, and
Hearing Docket, and a copy must be make findings of fact, as appropriate;
served on the official who issued the and
notice of proposed action, in accord- (m) Take any other action authorized
lhorne on DSKJLZT7X2PROD with CFR

ance with the requirements in § 13.43 by this subpart.


for filing and service of documents.

49

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00059 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 13.39 14 CFR Ch. I (1–1–22 Edition)

§ 13.39 Disqualification of hearing offi- must not participate in any appeal to


cer. the Administrator.
(a) Motion and supporting affidavit. (b) Ex parte communications. (1) No
substantive ex parte communications
Any party may file a motion for dis-
between the hearing officer and any
qualification under § 13.49(g). A party
party are permitted.
must state the grounds for disqualifica-
(2) A hearing, conference, or other
tion, including, but not limited to, a fi-
event scheduled with prior notice will
nancial or other personal interest that
not constitute ex parte communication
would be affected by the outcome of
prohibited by this section. A hearing,
the enforcement action, personal ani-
conference, or other event scheduled
mus against a party to the action or
with prior notice, may proceed in the
against a group to which a party be-
hearing officer’s sole discretion if a
longs, prejudgment of the adjudicative
party fails to appear, respond, or other-
facts at issue in the proceeding, or any wise participate, and will not con-
other prohibited conflict of interest. A stitute an ex parte communication pro-
party must submit an affidavit with hibited by this section.
the motion for disqualification that (3) For an appeal to the Adminis-
sets forth, in detail, the matters al- trator under this subpart, FAA attor-
leged to constitute grounds for dis- neys representing the complainant
qualification. must not advise the Administrator or
(b) Timing. A motion for disqualifica- engage in any ex parte communica-
tion must be filed prior to the issuance tions with the Administrator or his ad-
of the hearing officer’s decision under visors.
§ 13.63(b). Any party may file a response
to a motion for disqualification, but § 13.43 Service and filing of pleadings,
must do so no later than 5 days after motions, and documents.
service of the motion for disqualifica- (a) General rule. A party must file all
tion. requests for hearing, pleadings, mo-
(c) Decision on motion for disqualifica- tions, and documents with the FAA
tion. The hearing officer must render a Hearing Docket, and must serve a copy
decision on the motion for disqualifica- upon all parties to the proceedings.
tion no later than 15 days after the mo- (b) Methods of filing. Filing must be
tion has been filed. If the hearing offi- by email, personal delivery, expedited
cer finds that the motion for disquali- or overnight courier express service,
fication and supporting affidavit show mail, or fax.
a basis for disqualification, the hearing (c) Address for filing. A person filing a
officer must withdraw from the pro- document with the FAA Hearing Dock-
ceedings immediately. If the hearing et must use the address identified for
officer finds that disqualification is not the method of filing as follows:
warranted, the hearing officer must (1) If delivery is in person, or by expe-
deny the motion and state the grounds dited or overnight express courier service.
for the denial on the record. If the Federal Aviation Administration, 600
hearing officer fails to rule on a party’s Independence Avenue SW, Wilbur
motion for disqualification within 15 Wright Building—Suite 2W100, Wash-
days after the motion has been filed, ington, DC 20597; Attention: FAA Hear-
the motion is deemed granted. ing Docket, AGC–70.
(d) Self-disqualification. A hearing of- (2) If delivery is via U.S. mail, or U.S.
ficer may disqualify himself or herself certified or registered mail. Federal Avia-
at any time. tion Administration, 800 Independence
Avenue SW, Washington, DC 20591; At-
§ 13.41 Separation of functions and tention: FAA Hearing Docket, AGC–70,
prohibition on ex parte communica- Wilbur Wright Building—Suite 2W100.
tions. (3) Contact information. The FAA Of-
(a) Separation of powers. The hearing fice of Adjudication will make avail-
officer independently exercises the able on its website an email address
powers under this subpart in a manner and fax number for the FAA Hearing
lhorne on DSKJLZT7X2PROD with CFR

conducive to justice and the proper dis- Docket, as well as other contact infor-
patch of business. The hearing officer mation.

50

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00060 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 13.49

(d) Requirement to file an original docu- the computation. The last day of the
ment and number of copies. A party must period so computed is to be included
file an original document and one copy unless it is a Saturday, Sunday, or
when filing by personal delivery or by Federal holiday, in which event the pe-
mail. Only one copy must be filed if fil- riod runs until the end of the next day
ing is accomplished by email or fax. that is not a Saturday, Sunday, or a
(e) Filing by email. A document that is Federal holiday.
filed by email must be attached as a (b) Whenever a party must respond
Portable Document Format (PDF) file within a prescribed period after service
to an email. The document must be by mail, 5 days are added to the pre-
signed in accordance with § 13.207. The
scribed period.
email message does not constitute a
(c) The parties may agree to extend
submission, but serves only to deliver
the attached PDF file to the FAA the time for filing any document re-
Hearing Docket. quired by this subpart with the consent
(f) Methods of service—(1) General. A of—
person may serve any document by (1) The Director of the Office of Adju-
email, personal delivery, expedited or dication prior to the designation of a
overnight courier express service, mail, hearing officer;
or fax. (2) The hearing officer prior to the
(2) Service by email. Service of docu- filing of a notice of appeal; or
ments by email is voluntary and re- (3) The Director of the Office of Adju-
quires the prior consent of the person dication after the filing of a notice of
to be served by email. A person may re- appeal.
tract consent to be served by email by (d) If the parties do not agree, a
filing and serving a written retraction. party may make a written request to
A document that is served by email extend the time for filing to the appro-
must be attached as a PDF file to an priate official identified in paragraph
email message. (c) of this section. The appropriate offi-
(g) Certificate of service. A certificate cial may grant the request for good
of service must accompany all docu- cause shown.
ments filed with the FAA Hearing
Docket. The certificate of service must § 13.47 Withdrawal or amendment of
be signed, describe the method of serv- the complaint, answer, or other fil-
ice, and state the date of service. ings.
(h) Date of filing and service. If a docu-
ment is sent by fax or email, the date (a) Withdrawal. At any time before
of filing and service is the date the the hearing, the complainant may
email or fax is sent. If a document is withdraw the complaint, and the re-
sent by personal delivery or by expe- spondent may withdraw the request for
dited or overnight express courier serv- hearing.
ice, the date of filing and service is the (b) Amendments. At any time more
date that delivery is accomplished. If a than 10 days before the date of hearing,
document is mailed, the date of filing any party may amend its complaint,
and service is the date shown on the answer, or other pleading, by filing the
certificate of service, the date shown amendment with the FAA Hearing
on the postmark if there is no certifi- Docket and serving a copy of it on
cate of service, or the mailing date every other party. After that time,
shown by other evidence if there is no amendment requires approval of the
certificate of service or postmark. hearing officer. If an initial pleading is
amended, the hearing officer must
§ 13.44 [Reserved]
allow the other parties a reasonable op-
§ 13.45 Computation of time and exten- portunity to respond.
sion of time.
§ 13.49 Motions.
(a) In computing any period of time
prescribed or allowed by this subpart, (a) Motions in lieu of an answer. A re-
lhorne on DSKJLZT7X2PROD with CFR

the date of the act, event, default, no- spondent may file a motion to dismiss
tice, or order is not to be included in

51

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00061 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 13.51 14 CFR Ch. I (1–1–22 Edition)

or a motion for a more definite state- quired to be made available to the pub-
ment in place of an answer. If the hear- lic. Any person may make written ob-
ing officer denies the motion, the re- jection to the public disclosure of any
spondent must file an answer within 10 information, stating the ground for
days. such objection.
(1) Motion to dismiss. The respondent (g) Other motions. Any application for
may file a motion asserting that the an order or ruling not otherwise pro-
allegations in the complaint fail to vided for in this subpart must be made
state a violation of Federal aviation by motion.
statutes, a violation of regulations in
(h) Responses to motions. Any party
this chapter, lack of qualification of
may file a response to any motion
the respondent, or other appropriate
grounds. under this subpart within 10 days after
(2) Motion for more definite statement. service of the motion.
The respondent may file a motion that
§ 13.51 Intervention.
the allegations in the notice be made
more definite and certain. Any person may move for leave to in-
(b) Motion to dismiss request for hear- tervene in a proceeding and may be-
ing. The FAA may file a motion to dis- come a party thereto, if the hearing of-
miss a request for hearing based on ju- ficer, after the case is sent to the hear-
risdiction, timeliness, or other appro- ing officer for hearing, finds that the
priate grounds. person may be bound by the order to be
(c) Motion for decision on the pleadings issued in the proceedings or has a prop-
or for summary decision. After the com- erty or financial interest that may not
plaint and answer are filed, either be adequately represented by existing
party may move for a decision on the parties, and that the intervention will
pleadings or for a summary decision, in not unduly broaden the issues or delay
the manner provided by Rules 12 and the proceedings. Except for good cause
56, respectively, of the Federal Rules of
shown, a motion for leave to intervene
Civil Procedure.
may not be considered if it is filed less
(d) Motion to strike. Upon motion of
than 10 days before the hearing.
either party, the hearing officer may
order stricken, from any pleadings, any § 13.53 Discovery.
insufficient allegation or defense, or
any redundant, immaterial, imper- (a) Filing. Discovery requests and re-
tinent, or scandalous matter. sponses are not filed with the FAA
(e) Motion to compel. Any party may Hearing Docket unless in support of a
file a motion asking the hearing officer motion, offered for impeachment, or
to order any other party to produce other permissible circumstances as ap-
discovery requested in accordance with proved by the hearing officer.
§ 13.53 if— (b) Scope of discovery. Any party may
(1) The other party has failed to discover any matter that is not privi-
timely produce the requested dis- leged and is relevant to any party’s
covery; and claim or defense.
(2) The moving party certifies it has (c) Time for response to written dis-
in good faith conferred with the other covery requests. (1) Written discovery
party in an attempt to obtain the re- includes interrogatories, requests for
quested discovery prior to filing the
admission or stipulations, and requests
motion to compel.
for production of documents.
(f) Motion for protective order. The
hearing officer may order information (2) Unless otherwise directed by the
contained in anything filed, or in any hearing officer, a party must serve its
testimony given pursuant to this sub- response to a discovery request no
part withheld from public disclosure later than 30 days after service of the
when, in the judgment of the hearing discovery request.
officer, disclosure would be detri- (d) Depositions. After the respondent
mental to aviation safety; disclosure has filed a request for hearing and an
lhorne on DSKJLZT7X2PROD with CFR

would not be in the public interest; or answer, either party may take testi-
the information is not otherwise re- mony by deposition.

52

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00062 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 13.59

(e) Limits on discovery. The hearing of- tion of the agency, a witness who ap-
ficer may limit the frequency and ex- pears at a deposition or hearing is enti-
tent of discovery upon a showing by a tled to the same fees and allowances as
party that— provided for under 28 U.S.C. 1821. The
(1) The discovery requested is cumu- party who applies for a subpoena to
lative or repetitious; compel the attendance of a witness at
(2) The discovery requested can be a deposition or hearing, or the party at
obtained from another less burdensome whose request a witness appears at a
and more convenient source; deposition or hearing, must pay the
(3) The party requesting the informa- witness fees and allowances described
tion has had ample opportunity to ob- in this section.
tain the information through other dis- (d) Service of subpoenas. Any person
covery methods permitted under this who is at least 18 years old and not a
section; or party may serve a subpoena. Serving a
(4) The method or scope of discovery subpoena requires delivering a copy to
requested by the party is unduly bur- the named person. Except for the com-
densome or expensive. plainant, the party that requested the
subpoena must tender at the time of
§ 13.55 Notice of hearing. service the fees for 1 day’s attendance
The hearing officer must set a rea- and the allowances allowed by law if
sonable date, time, and location for the the subpoena requires that person’s at-
hearing, and must give the parties ade- tendance. Proving service, if necessary,
quate notice thereof, and of the nature requires the filing with the FAA Hear-
of the hearing. Due regard must be ing Docket of a statement showing the
given to the convenience of the parties date and manner of service and the
with respect to the location of the names of the persons served. The server
hearing. must certify the statement.
(e) Motion to quash or modify the sub-
§ 13.57 Subpoenas and witness fees. poena. A party, or any person served
(a) Application. The hearing officer, with a subpoena, may file a motion to
upon application by any party to the quash or modify the subpoena with the
proceeding, may issue subpoenas re- hearing officer at or before the time
quiring the attendance of witnesses or specified in the subpoena for compli-
the production of documents or tan- ance. The movant must describe, in de-
gible things at a hearing or for the pur- tail, the basis for the application to
pose of taking depositions, as per- quash or modify the subpoena includ-
mitted by law. The application for pro- ing, but not limited to, a statement
ducing evidence must show its general that the testimony, document, or tan-
relevance and reasonable scope. Absent gible thing is not relevant to the pro-
good cause shown, a party must file a ceeding, that the subpoena is not rea-
request for a subpoena at least: sonably tailored to the scope of the
(1) 15 days before a scheduled deposi- proceeding, or that the subpoena is un-
tion under the subpoena; or reasonable and oppressive. A motion to
(2) 30 days before a scheduled hearing quash or modify the subpoena will stay
where attendance at the hearing is the effect of the subpoena pending a de-
sought. cision by the hearing officer on the mo-
(b) Procedure. A party seeking the tion.
production of a document in the cus- (f) Enforcement of subpoena. If a per-
tody of an FAA employee must use the son disobeys a subpoena, a party may
discovery procedure found in § 13.53, apply to a U.S. district court to seek
and if necessary, a motion to compel judicial enforcement of the subpoena.
under § 13.49. A party that applies for
the attendance of an FAA employee at § 13.59 Evidence.
a hearing must send the application, in (a) Each party to a hearing may
writing, to the hearing officer. The ap- present the party’s case or defense by
plication must set forth the need for oral or documentary evidence, submit
that employee’s attendance. evidence in rebuttal, and conduct such
lhorne on DSKJLZT7X2PROD with CFR

(c) Fees. Except for an employee of cross-examination as may be needed


the agency who appears at the direc- for a full disclosure of the facts.

53

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00063 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 13.61 14 CFR Ch. I (1–1–22 Edition)

(b) Except with respect to affirma- date of issuance of the order. Filing
tive defenses and notices of proposed and service of the notice of appeal, and
denial, the burden of proof is upon the any other papers, are accomplished ac-
complainant. cording to the procedures in § 13.43.
(b) If a notice of appeal is not filed
§ 13.61 Argument and submittals. from the order issued by a hearing offi-
The hearing officer must give the cer, such order is final with respect to
parties adequate opportunity to the parties. Such order is not binding
present arguments in support of mo- precedent and is not subject to judicial
tions, objections, and the final order. review.
The hearing officer may determine (c) Any person filing an appeal au-
whether arguments are to be oral or thorized by paragraph (a) of this sec-
written. At the end of the hearing, the tion must file an appeal brief with the
hearing officer may allow each party to Administrator within 40 days after the
submit written proposed findings and date of issuance of the order, and serve
conclusions and supporting reasons for a copy on the other party. A reply brief
them. must be filed within 40 days after serv-
ice of the appeal brief and a copy
§ 13.63 Record, decision, and aircraft served on the appellant.
registration proceedings.
(d) On appeal, the Administrator re-
(a) The record. (1) The testimony and views the record of the proceeding and
exhibits admitted at a hearing, to- issues an order dismissing, reversing,
gether with all papers, requests, and modifying or affirming the order. The
rulings filed in the proceedings, are the Administrator’s order includes the rea-
exclusive basis for the issuance of the sons for the Administrator’s action.
hearing officer’s decision. The Administrator considers only
(2) On appeal to the Administrator, whether:
the record shall include all of the infor- (1) Each finding of fact is supported
mation identified in paragraph (a)(1) of by a preponderance of the reliable, pro-
this section and evidence proffered but bative, and substantial evidence;
not admitted at the hearing. (2) Each conclusion is made in ac-
(3) Any party may obtain a transcript cordance with law, precedent, and pol-
of the hearing from the official re- icy; and
porter upon payment of the required (3) The hearing officer committed
fees. any prejudicial error.
(b) Hearing officer’s decision. The deci- (e) The Director and legal personnel
sion by the hearing officer must in- of the Office of Adjudication serve as
clude findings of fact based on the the advisors to the Administrator for
record, conclusions of law, and an ap- appeals under this section.
propriate order.
(1) The Director has the authority to:
(c) Certain aircraft registration pro-
ceedings. If the hearing officer deter- (i) Manage all or portions of indi-
mines that an aircraft is ineligible for vidual appeals; and to prepare written
a certificate of aircraft registration in decisions and proposed final orders in
proceedings relating to aircraft reg- such appeals;
istration orders suspending or revoking (ii) Issue procedural and other inter-
a certificate of registration under locutory orders aimed at proper and ef-
§ 13.20, the hearing officer may suspend ficient appeal management, including,
or revoke the aircraft registration cer- without limitation, scheduling and
tificate. sanctions orders;
(iii) Grant or deny motions to dis-
§ 13.65 Appeal to the Administrator, miss appeals;
reconsideration, and judicial re- (iv) Dismiss appeals upon request of
view. the appellant or by agreement of the
(a) Any party to a hearing may ap- parties;
peal from the order of the hearing offi- (v) Stay decisions and orders of the
cer by filing with the FAA Hearing Administrator, pending judicial review
lhorne on DSKJLZT7X2PROD with CFR

Docket a notice of appeal to the Ad- or reconsideration by the Adminis-


ministrator within 20 days after the trator;

54

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00064 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 13.67

(vi) Summarily dismiss repetitious or Adjudication will assign a hearing offi-


frivolous petitions to reconsider or cer to preside over the matter.
modify orders; (5) The parties must serve discovery
(vii) Correct typographical, gram- as soon as possible and set time limits
matical, and similar errors in the Ad- for compliance with discovery requests
ministrator’s decisions and orders, and that accommodate the accelerated ad-
to make non-substantive editorial judication schedule set forth in this
changes; and subpart. The hearing officer will re-
(viii) Take all other reasonable steps solve any failure of the parties to agree
deemed necessary and proper for the to a discovery schedule.
management of the appeals process, in (6) The expedited hearing must com-
accordance with this part and applica- mence within 40 days after the notice
ble law. of proposed action was issued.
(2) The Director’s authority in para- (7) The hearing officer must issue an
graph (e)(1) of this section may be re- oral decision and order dismissing, re-
delegated, as necessary, except to hear- versing, modifying, or affirming the
ing officers and others materially in- notice of proposed action at the close
volved in the hearing that is the sub- of the hearing. If a notice of appeal is
ject of the appeal.
not filed, such order is final with re-
(f) Motions to reconsider the final spect to the parties and is not subject
order of the Administrator must be
to judicial review.
filed with the FAA Hearing Docket
(b) Any party to the expedited hear-
within thirty days of service of the Ad-
ministrator’s order. ing may appeal from the initial deci-
sion of the hearing officer to the Ad-
(g) Judicial review of the Adminis-
trator’s final order under this section ministrator by filing a notice of appeal
is provided in accordance with 49 within 3 days after the date on which
U.S.C. 5127 or 46110, as applicable. the decision was issued. The time limi-
tations for the filing of documents for
§ 13.67 Procedures for expedited pro- appeals under this section will not be
ceedings. extended by reason of the unavail-
(a) When an expedited administrative ability of the hearing transcript.
hearing is requested in accordance with (1) Any appeal to the Administrator
§ 13.20(d), the procedures in this subpart under this section must be perfected
will apply except as provided in para- within 7 days after the date the notice
graphs (a)(1) through (7) of this section. of appeal was filed by filing a brief in
(1) Service and filing of pleadings, support of the appeal. Any reply to the
motions, and documents must be by appeal brief must be filed within 7 days
overnight delivery, and fax or email. after the date the appeal brief was
Responses to motions must be filed served on that party. The Adminis-
within 7 days after service of the mo- trator must issue an order deciding the
tion. appeal no later than 80 days after the
(2) Within 3 days after receipt of the date the notice of proposed action was
request for hearing, the agency must issued.
file a copy of the notice of proposed ac- (2) The Administrator’s order is im-
tion, which serves as the complaint, to mediately effective and constitutes the
the FAA Hearing Docket. final agency decision. The Administra-
(3) Within 3 days after receipt of the tor’s order may be appealed pursuant
complaint, the person that requested to 49 U.S.C. 46110. The filing of an ap-
the hearing must file an answer to the peal under 49 U.S.C. 46110 does not stay
complaint. All allegations in the com- the effectiveness of the Administra-
plaint not specifically denied in the an- tor’s order.
swer are deemed admitted. Failure to (c) At any time after an immediately
file a timely answer, absent a showing effective order is issued, the FAA may
of good cause, constitutes withdrawal request the United States Attorney
of the request for hearing. General, or the delegate of the Attor-
lhorne on DSKJLZT7X2PROD with CFR

(4) Within 3 days of the filing of the ney General, to bring an action for ap-
complaint, the Director of the Office of propriate relief.

55

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00065 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 13.69 14 CFR Ch. I (1–1–22 Edition)

§ 13.69 Other matters: Alternative dis- § 13.73 Notice of proposed order of


pute resolution, standing orders, compliance.
and forms. The Chief Counsel, a Deputy Chief
(a) Parties may use mediation to Counsel, or the Assistant Chief Counsel
achieve resolution of issues in con- for Enforcement may issue to an al-
troversy addressed by this subpart. leged violator a notice of proposed
Parties seeking alternative dispute res- order of compliance advising the al-
olution services may engage the serv- leged violator of the charges and set-
ices of a mutually acceptable mediator. ting forth the remedial action sought
The mediator must not participate in in the form of a proposed order of com-
the adjudication under this subpart of pliance.
any matter in which the mediator has § 13.75 Reply or request for hearing.
provided mediation services. Mediation
discussions and submissions will re- (a) Within 30 days after service upon
main confidential consistent with the the alleged violator of a notice of pro-
provisions of the Administrative Dis- posed order of compliance, the alleged
pute Resolution Act, the principles of violator may—
(1) Submit a written reply;
Federal Rule of Evidence 408, and other
(2) Submit a written request for an
applicable Federal laws.
informal conference to discuss the
(b) The Director of the Office of Adju- matter with an agency attorney; or
dication may issue standing orders and (3) Request a hearing in accordance
forms needed for the proper dispatch of with subpart D of this part.
business under this subpart. (b) If, after an informal conference is
held or a reply is filed, the agency at-
Subpart E—Orders of Compliance torney notifies the person named in the
Under the Hazardous notice that some or all of the proposed
agency action will not be withdrawn or
will not be subject to a consent order
SOURCE: Docket No. FAA-2018-1051; Amdt.
No. 13-40, 86 FR 54536, Oct. 1, 2021, unless oth-
of compliance, the alleged violator
erwise noted. may, within 10 days after receiving the
agency attorney’s notification, request
§ 13.71 Applicability. a hearing in accordance with subpart D
of this part.
(a) An order of compliance may be (c) Failure of the alleged violator to
issued after notice and an opportunity file a reply or request a hearing within
for a hearing in accordance with §§ 13.73 the period provided in paragraph (a) or
through 13.77 whenever the Chief Coun- (b) of this section, as applicable—
sel, a Deputy Chief Counsel, or the As- (1) Constitutes a waiver of the right
sistant Chief Counsel for Enforcement to a hearing under subpart D of this
has reason to believe that a person is part and the right to petition for judi-
engaging in the transportation or ship- cial review; and
ment by air of hazardous materials in (2) Authorizes the Administrator to
violation of the Hazardous Materials make any appropriate findings of fact
Transportation Act, as amended and and to issue an appropriate order of
codified at 49 U.S.C. chapter 51, or any compliance, without further notice or
rule, regulation, or order issued under proceedings.
49 U.S.C. chapter 51, for which the FAA
exercises enforcement responsibility, § 13.77 Consent order of compliance.
and the circumstances do not require (a) At any time before the issuance of
the issuance of an emergency order an order of compliance, an agency at-
under 49 U.S.C. 5121(d). torney and the alleged violator may
(b) If circumstances require the agree to dispose of the case by the
issuance of an emergency order under issuance of a consent order of compli-
49 U.S.C. 5121(d), the Chief Counsel, a ance.
Deputy Chief Counsel, or the Assistant (b) The alleged violator may submit a
Chief Counsel for Enforcement will proposed consent order to an agency
lhorne on DSKJLZT7X2PROD with CFR

issue an emergency order of compli- attorney. The proposed consent order


ance as described in § 13.81. must include—

56

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00066 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 13.107

(1) An admission of all jurisdictional 13.83–13.87 [Reserved]


facts;
(2) An express waiver of the right to Subpart F—Formal Fact-Finding In-
further procedural steps and of all vestigation Under an Order of
rights to legal review in any forum; Investigation
(3) An express waiver of attorney’s
fees and costs; SOURCE: Docket No. FAA-2018-1051; Amdt.
(4) If a notice has been issued prior to No. 13-40, 86 FR 54536, Oct. 1, 2021, unless oth-
the proposed consent order of compli- erwise noted.
ance, an incorporation by reference of
the notice and an acknowledgement § 13.101 Applicability.
that the notice may be used to con- (a) This subpart applies to fact-find-
strue the terms of the consent order of ing investigations in which an inves-
compliance; and tigation has been ordered under § 13.3(c)
(5) If a request for hearing is pending or § 13.5(f)(2).
in any forum, a provision that the al- (b) This subpart does not limit the
leged violator will withdraw the re- authority of any person to issue sub-
quest for a hearing and request that poenas, administer oaths, examine wit-
the case be dismissed. nesses, and receive evidence in any in-
formal investigation as otherwise pro-
§ 13.79 [Reserved] vided by law.

§ 13.81 Emergency orders. § 13.103 Order of investigation.


(a) Notwithstanding §§ 13.73 through The order of investigation—
13.77, the Chief Counsel, each Deputy (a) Defines the scope of the investiga-
Chief Counsel, or the Assistant Chief tion by describing the information
Counsel for Enforcement may issue an sought in terms of its subject matter
or its relevancy to specified FAA func-
emergency order of compliance, which
tions;
is effective upon issuance, in accord-
(b) Sets forth the form of the inves-
ance with the procedures in subpart C
tigation which may be either by indi-
of 49 CFR part 109, if the person who vidual deposition or investigative pro-
issues the order finds that there is an ceeding or both; and
‘‘imminent hazard’’ as defined in 49 (c) Names the official who is author-
CFR 109.1. ized to conduct the investigation and
(b) The FAA official who issued the serve as the presiding officer.
emergency order of compliance may re-
scind or suspend the order if the cri- § 13.105 Notification.
teria set forth in paragraph (a) of this Any person under investigation and
section are no longer satisfied, and, any person required to testify and
when appropriate, may issue a notice produce documentary or physical evi-
of proposed order of compliance under dence during the investigation will be
§ 13.73. advised of the purpose of the investiga-
(c) If at any time in the course of a tion, and of the place where the inves-
proceeding commenced in accordance tigative proceeding or deposition will
with § 13.73 the criteria set forth in be convened. This may be accomplished
paragraph (a) of this section are satis- by a notice of investigation or by a
fied, the official who issued the notice subpoena. A copy of the order of inves-
may issue an emergency order of com- tigation may be sent to such persons
pliance, even if the period for filing a when appropriate.
reply or requesting a hearing specified § 13.107 Designation of additional par-
in § 13.75 has not expired. ties.
(a) The presiding officer may des-
ignate additional persons as parties to
the investigation, if in the discretion of
lhorne on DSKJLZT7X2PROD with CFR

the presiding officer, it will aid in the


conduct of the investigation.

57

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00067 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 13.109 14 CFR Ch. I (1–1–22 Edition)

(b) The presiding officer may des- § 13.115 Public proceedings.


ignate any person as a party to the in- (a) All investigative proceedings and
vestigation if— depositions must be public unless the
(1) The person petitions the presiding presiding officer determines that the
officer to participate as a party; public interest requires otherwise.
(2) The disposition of the investiga- (b) The presiding officer may order
tion may as a practical matter impair information contained in any report or
the ability to protect the person’s in- document filed or in any testimony
terest unless allowed to participate as given pursuant to this subpart with-
a party; and held from public disclosure when, in
(3) The person’s interest is not ade- the judgment of the presiding officer,
quately represented by existing par- disclosure would adversely affect the
ties. interests of any person and is not re-
§ 13.109 Convening the investigation. quired in the public interest or is not
otherwise required by statute to be
The presiding officer will conduct the made available to the public. Any per-
investigation at a location convenient son may make written objection to the
to the parties involved and as expedi- public disclosure of information, stat-
tious and efficient as handling of the ing the grounds for such objection.
investigation permits.
§ 13.117 Conduct of investigative pro-
§ 13.111 Subpoenas. ceeding or deposition.
(a) At the discretion of the presiding (a) The presiding officer may ques-
officer, or at the request of a party to tion witnesses.
the investigation, the presiding officer (b) Any witness may be accompanied
may issue a subpoena directing any by counsel.
person to appear at a designated time (c) Any party may be accompanied by
and place to testify or to produce docu- counsel and either the party or counsel
mentary or physical evidence relating may—
to any matter under investigation. (1) Question witnesses, provided the
(b) Subpoenas must be served by per- questions are relevant and material to
sonal service on the person or an agent the matters under investigation and
designated in writing for the purpose, would not unduly impede the progress
or by registered or certified mail ad- of the investigation; and
dressed to the person or agent. When- (2) Make objections on the record and
ever service is made by registered or argue the basis for such objections.
certified mail, the date of mailing will (d) Copies of all notices or written
be considered the time when service is communications sent to a party or wit-
made. ness must, upon request, be sent to
(c) Subpoenas extend in jurisdiction that person’s attorney of record.
throughout the United States and any
territory or possession thereof. § 13.119 Immunity and orders requir-
ing testimony or other information.
§ 13.113 Noncompliance with the in- (a) Whenever a person refuses, on the
vestigative process. basis of a privilege against self-in-
(a) If a person disobeys a subpoena, crimination, to testify or provide other
the Administrator or a party to the in- information during the course of any
vestigation may petition a court of the investigation conducted under this sub-
United States to enforce the subpoena part, the presiding officer may, with
in accordance with applicable statutes. the approval of the United States At-
(b) If a party to the investigation torney General, or the delegate of the
fails to comply with the provisions of Attorney General, issue an order re-
this subpart or an order issued by the quiring the person to give testimony or
presiding officer, the Administrator provide other information. However, no
may bring a civil action to enforce the testimony or other information so
requirements of this subpart or any compelled (or any information directly
order issued under this subpart in a or indirectly derived from such testi-
lhorne on DSKJLZT7X2PROD with CFR

court of the United States in accord- mony or other information) may be


ance with applicable statutes. used against the person in any criminal

58

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00068 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 13.202

case, except in a prosecution for per- testimony must be reduced to writing


jury, giving a false statement, or oth- by the person taking the deposition, or
erwise failing to comply with the under the direction of that person, and
order. where possible must then be subscribed
(b) The presiding officer may issue an by the deponent. Any person may be
order under this section if— compelled to appear and testify and to
(1) The testimony or other informa- produce physical and documentary evi-
tion from the witness may be necessary dence.
to the public interest; and
(2) The witness has refused or is like- § 13.127 Reports, decisions, and orders.
ly to refuse to testify or provide other
information on the basis of a privilege The presiding officer must issue a
against self-incrimination. written report based on the record de-
(c) Immunity provided by this sec- veloped during the formal investiga-
tion will not become effective until the tion, including a summary of principal
person has refused to testify or provide conclusions. A summary of principal
other information on the basis of a conclusions must be prepared by the of-
privilege against self-incrimination, ficial who issued the order of investiga-
and an order under this section has tion in every case that results in no ac-
been issued. An order, however, may be tion, or no action as to a particular
issued prospectively to become effec- party to the investigation. All such re-
tive in the event of a claim of the ports must be furnished to the parties
privilege. to the investigation and made avail-
able to the public on request.
§ 13.121 Witness fees.
All witnesses appearing, other than § 13.129 Post-investigation action.
employees of the Federal Aviation Ad- A decision on whether to initiate
ministration, are entitled to the same subsequent action must be made on the
fees and allowances as provided for basis of the record developed during
under 28 U.S.C. 1821. the formal investigation and any other
§ 13.123 Submission by party to the in- information in the possession of the
vestigation. Administrator.
(a) During an investigation con- § 13.131 Other procedures.
ducted under this subpart, a party may
submit to the presiding officer— Any question concerning the scope or
(1) A list of witnesses to be called, conduct of a formal investigation not
specifying the subject matter of the ex- covered in this subpart may be ruled on
pected testimony of each witness; and by the presiding officer on his or her
(2) A list of exhibits to be considered own initiative, or on the motion of a
for inclusion in the record. party or a person testifying or pro-
(b) If the presiding officer determines ducing evidence.
that the testimony of a witness or the
receipt of an exhibit in accordance Subpart G—Rules of Practice In
with paragraph (a) of this section will FAA Civil Penalty Actions
be relevant, competent, and material
to the investigation, the presiding offi-
cer may subpoena the witness or use SOURCE: Docket No. FAA-2018-1051; Amdt.
No. 13-40, 86 FR 54538, Oct. 1, 2021, unless oth-
the exhibit during the investigation. erwise noted.
§ 13.125 Depositions.
§ 13.201 Applicability.
Depositions for investigative pur-
poses may be taken at the discretion of This subpart applies to all civil pen-
the presiding officer with reasonable alty actions initiated under § 13.16 in
notice to the party under investiga- which a hearing has been requested.
tion. Depositions must be taken before
the presiding officer or other person § 13.202 Definitions.
lhorne on DSKJLZT7X2PROD with CFR

authorized to administer oaths and For this subpart only, the following
designated by the presiding officer. The definitions apply:

59

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00069 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 13.203 14 CFR Ch. I (1–1–22 Edition)

Administrative law judge means an ad- aviation statute listed in the first sen-
ministrative law judge appointed pur- tence of 49 U.S.C. 46301(d)(2) or in 49
suant to the provisions of 5 U.S.C. 3105. U.S.C. 47531, or of the Federal haz-
Agency attorney means the Deputy ardous materials transportation stat-
Chief Counsel or the Assistant Chief ute, 49 U.S.C. 5121–5128, or a rule, regu-
Counsel responsible for the prosecution lation, or order issued under those
of enforcement-related matters under statutes, and may direct payment of a
this subpart, or attorneys who are su- civil penalty. Unless an appeal is filed
pervised by those officials or are as- with the FAA decisionmaker in a time-
signed to prosecute a particular en- ly manner, an initial decision or order
forcement-related matter under this of an administrative law judge is con-
subpart. Agency attorney does not in-
sidered an order assessing civil penalty
clude the Chief Counsel or anyone from
if an administrative law judge finds
the Office of Adjudication.
Complaint means a document issued that an alleged violation occurred and
by an agency attorney alleging a viola- determines that a civil penalty, in an
tion of a provision of the Federal avia- amount found appropriate by the ad-
tion statute listed in the first sentence ministrative law judge, is warranted.
of 49 U.S.C. 46301(d)(2) or in 49 U.S.C. Unless a petition for review is filed
47531, or of the Federal hazardous ma- with a U.S. Court of Appeals in a time-
terials transportation statute, 49 ly manner, a final decision and order of
U.S.C. 5121–5128, or a rule, regulation, the Administrator is considered an
or order issued under those statutes, order assessing civil penalty if the FAA
that has been filed with the FAA Hear- decisionmaker finds that an alleged
ing Docket after a hearing has been re- violation occurred and a civil penalty
quested under § 13.16(f)(3) or (g)(2)(ii). is warranted.
Complainant means the FAA office Party means the Respondent, the
that issued the notice of proposed civil complainant and any intervenor.
penalty under § 13.16. Personal delivery includes hand-deliv-
FAA decisionmaker means the Admin- ery or use of a contract or express mes-
istrator of the Federal Aviation Ad- senger service. ‘‘Personal delivery’’
ministration, acting in the capacity of does not include the use of Federal
the decisionmaker on appeal, or any
Government interoffice mail service.
person to whom the Administrator has
delegated the Administrator’s decision- Pleading means a complaint, an an-
making authority in a civil penalty ac- swer, and any amendment of these doc-
tion. As used in this subpart, the FAA uments permitted under this subpart.
decisionmaker is the official author- Properly addressed means a document
ized to issue a final decision and order that shows an address contained in
of the Administrator in a civil penalty agency records; a residential, business,
action. or other address submitted by a person
Mail includes U.S. mail, U.S. certified on any document provided under this
mail, U.S. registered mail, or use of an subpart; or any other address shown by
expedited or overnight express courier other reasonable and available means.
service, but does not include email. Respondent means a person named in
Office of Adjudication means the Fed- a complaint.
eral Aviation Administration Office of Writing or written includes paper or
Adjudication, including the FAA Hear- electronic documents that are filed or
ing Docket, the Director of the Office served by email, mail, personal deliv-
of Adjudication and legal personnel, or ery, or fax.
any subsequently designated office (in-
cluding its head and any legal per- § 13.203 Separation of functions.
sonnel) that advises the FAA decision-
maker regarding appeals of initial deci- (a) Civil penalty proceedings, includ-
sions and orders to the FAA decision- ing hearings, are prosecuted by an
maker. agency attorney.
Order assessing civil penalty means a (b) An agency employee who has en-
lhorne on DSKJLZT7X2PROD with CFR

document that contains a finding of a gaged in the performance of investiga-


violation of a provision of the Federal tive or prosecutorial functions in a

60

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00070 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 13.206

civil penalty action must not partici- (4) Rule on offers of proof;
pate in deciding or advising the admin- (5) Receive relevant and material evi-
istrative law judge or the FAA deci- dence;
sionmaker in that case, or a factually- (6) Regulate the course of the hearing
related case, but may participate as in accordance with the rules of this
counsel for the complainant or as a subpart;
witness in the public proceedings. (7) Hold conferences to settle or to
(c) The Chief Counsel and the Direc- simplify the issues by consent of the
tor and legal personnel of the Office of parties;
Adjudication will advise the FAA deci- (8) Dispose of procedural motions and
sionmaker regarding any appeal of an requests;
initial decision or order in a civil pen- (9) Make findings of fact and conclu-
alty action to the FAA decisionmaker. sions of law, and issue an initial deci-
sion;
§ 13.204 Appearances and rights of (10) Bar a person from a specific pro-
parties. ceeding based on a finding of obstrep-
(a) Any party may appear and be erous or disruptive behavior in that
heard in person. specific proceeding; and
(b) Any party may be accompanied, (11) Take any other action authorized
represented, or advised by an attorney by this subpart.
or representative designated by the (b) Limitations. The administrative
party, and may be examined by that law judge must not issue an order of
attorney or representative in any pro- contempt, award costs to any party, or
ceeding governed by this subpart. An impose any sanction not specified in
attorney or representative who rep- this subpart. If the administrative law
resents a party must file a notice of ap- judge imposes any sanction not speci-
pearance in the action, in the manner fied in this subpart, a party may file an
provided in § 13.210, and must serve a interlocutory appeal of right under
copy of the notice of appearance on § 13.219(c).
each party, and on the administrative (c) Disqualification. The administra-
law judge, if assigned, in the manner tive law judge may disqualify himself
provided in § 13.211, before participating or herself at any time. A party may file
in any proceeding governed by this sub- a motion for disqualification under
part. The attorney or representative § 13.218.
must include the name, address, and
telephone number, and, if available, fax § 13.206 Intervention.
number and email address, of the attor- (a) A person may submit a motion for
ney or representative in the notice of leave to intervene as a party in a civil
appearance. penalty action. Except for good cause
(c) Any person may request a copy of shown, a motion for leave to intervene
a document in the record upon pay- must be submitted not later than 10
ment of reasonable costs. A person may days before the hearing.
keep an original document, data, or (b) The administrative law judge may
evidence, with the consent of the ad- grant a motion for leave to intervene if
ministrative law judge, by substituting the administrative law judge finds that
a legible copy of the document for the intervention will not unduly broaden
record. the issues or delay the proceedings
and—
§ 13.205 Administrative law judges. (1) The person seeking to intervene
(a) Powers of an administrative law will be bound by any order or decision
judge. In accordance with the rules of entered in the action; or
this subpart, an administrative law (2) The person seeking to intervene
judge may: has a property, financial, or other le-
(1) Give notice of, and hold, pre- gitimate interest that may not be ad-
hearing conferences and hearings; dressed adequately by the parties.
(2) Administer oaths and affirma- (c) The administrative law judge may
tions; determine the extent to which an in-
lhorne on DSKJLZT7X2PROD with CFR

(3) Issue subpoenas as authorized by tervenor may participate in the pro-


law; ceedings.

61

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00071 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 13.207 14 CFR Ch. I (1–1–22 Edition)

§ 13.207 Certification of documents. § 13.208 Complaint.


(a) Signature required. The attorney of (a) Filing. The agency attorney must
record, the party, or the party’s rep- file the complaint with the FAA Hear-
resentative must sign, by hand, elec- ing Docket, or may file a written mo-
tronically, or by other method accept- tion to dismiss a request for hearing
able to the administrative law judge, under § 13.218 instead of filing a com-
or, if the matter is on appeal, to the plaint, not later than 20 days after re-
FAA decisionmaker, each document ceipt by the agency attorney of a re-
tendered for filing with the FAA Hear- quest for hearing. When filing the com-
ing Docket or served on the adminis- plaint, the agency attorney must fol-
trative law judge and on each other low the filing instructions in § 13.210.
party. The agency attorney may suggest a lo-
(b) Effect of signing a document. By cation for the hearing when filing the
signing a document, the attorney of complaint.
record, the party, or the party’s rep- (b) Service. An agency attorney must
resentative certifies that the attorney, serve a copy of the complaint on the
the party, or the party’s representative respondent, the president of the cor-
has read the document and, based on poration or company named as a re-
reasonable inquiry and to the best of spondent, or a person designated by the
that person’s knowledge, information, respondent to accept service of docu-
and belief, the document is— ments in the civil penalty action. When
(1) Consistent with the rules in this serving the complaint, the agency at-
subpart; torney must follow the service instruc-
(2) Warranted by existing law or a tions in § 13.211.
good faith argument for extension,
(c) Contents. A complaint must set
modification, or reversal of existing
forth the facts alleged, any regulation
law; and
allegedly violated by the respondent,
(3) Not unreasonable or unduly bur-
and the proposed civil penalty in suffi-
densome or expensive, not made to har-
cient detail to provide notice of any
ass any person, not made to cause un-
factual or legal allegation and pro-
necessary delay, and not made to cause
posed civil penalty.
needless increase in the cost of the pro-
ceedings or for any other improper pur- (d) Motion to dismiss stale allegations or
pose. complaint. Instead of filing an answer
(c) Sanctions. If the attorney of to the complaint, a respondent may
record, the party, or the party’s rep- move to dismiss the complaint, or that
resentative signs a document in viola- part of the complaint, alleging a viola-
tion of this section, the administrative tion that occurred more than 2 years
law judge or the FAA decisionmaker before an agency attorney issued a no-
must: tice of proposed civil penalty to the re-
(1) Strike the pleading signed in vio- spondent.
lation of this section; (1) An administrative law judge may
(2) Strike the request for discovery or not grant the motion and dismiss the
the discovery response signed in viola- complaint or part of the complaint if
tion of this section and preclude fur- the administrative law judge finds that
ther discovery by the party; the agency has shown good cause for
(3) Deny the motion or request signed any delay in issuing the notice of pro-
in violation of this section; posed civil penalty.
(4) Exclude the document signed in (2) If the agency fails to show good
violation of this section from the cause for any delay, an administrative
record; law judge may dismiss the complaint,
(5) Dismiss the interlocutory appeal or that part of the complaint, alleging
and preclude further appeal on that a violation that occurred more than 2
issue by the party who filed the appeal years before an agency attorney issued
until an initial decision has been en- the notice of proposed civil penalty to
tered on the record; or the respondent.
(6) Dismiss the appeal of the adminis- (3) A party may appeal the adminis-
lhorne on DSKJLZT7X2PROD with CFR

trative law judge’s initial decision to trative law judge’s ruling on the mo-
the FAA decisionmaker. tion to dismiss the complaint or any

62

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00072 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 13.210

part of the complaint in accordance (c) Address for filing. A person filing a
with § 13.219(b). document with the FAA Hearing Dock-
et must use the address identified for
§ 13.209 Answer. the method of filing as follows:
(a) Writing required. A respondent (1) If delivery is in person, or by expe-
must file in the FAA Hearing Docket a dited or overnight express courier service.
written answer to the complaint, or Federal Aviation Administration, 600
may file a written motion pursuant to Independence Avenue SW, Wilbur
§ 13.208 or § 13.218 instead of filing an Wright Building—Suite 2W100, Wash-
answer, not later than 30 days after ington, DC 20597; Attention: FAA Hear-
service of the complaint. The answer ing Docket, AGC–70.
must be dated and signed by the person (2) If delivery is via U.S. mail, or U.S.
responding to the complaint. An an- certified or registered mail. Federal Avia-
swer must be typewritten or legibly tion Administration, 800 Independence
handwritten. Avenue SW, Washington, DC 20591; At-
(b) Filing. A person filing an answer tention: FAA Hearing Docket, AGC–70,
or motion under paragraph (a) of this Wilbur Wright Building—Suite 2W100.
section must follow the filing instruc- (3) If delivery is via email or fax. The
tions in § 13.210. email address and fax number for the
(c) Service. A person filing an answer FAA Hearing Docket, made available
or a motion under paragraph (a) of this on the FAA Office of Adjudication
section must serve a copy of the an-
website.
swer or motion in accordance with the
(d) Date of filing. If a document is
service instructions in § 13.211.
filed by fax or email, the date of filing
(d) Contents. An answer must specifi-
is the date the email or fax is sent. If
cally state any affirmative defense
a document is filed by personal deliv-
that the respondent intends to assert
at the hearing. A person filing an an- ery, the date of filing is the date that
swer may include a brief statement of personal delivery is accomplished. If a
any relief requested in the answer. The document is filed by mail, the date of
person filing an answer may rec- filing is the date shown on the certifi-
ommend a location for the hearing cate of service, the date shown on the
when filing the answer. postmark if there is no certificate of
(e) Specific denial of allegations re- service, or the mailing date shown by
quired. A person filing an answer must other evidence if there is no certificate
admit, deny, or state that the person is of service or postmark.
without sufficient knowledge or infor- (e) Form. Each document must be
mation to admit or deny, each allega- typewritten or legibly handwritten.
tion in the complaint. All allegations (f) Contents. Unless otherwise speci-
in the complaint not specifically de- fied in this subpart, each document
nied in the answer are deemed admit- must contain a short, plain statement
ted. A general denial of the complaint of the facts on which the person’s case
is deemed a failure to file an answer. rests and a brief statement of the ac-
(f) Failure to file answer. A person’s tion requested.
failure to file an answer without good (g) Requirement to file an original docu-
cause will be deemed an admission of ment and number of copies. A party must
the truth of each allegation contained file an original document and one copy
in the complaint. when filing by personal delivery or by
mail. Only one copy must be filed if fil-
§ 13.210 Filing of documents. ing is accomplished by email or fax.
(a) General rule. Unless provided oth- (h) Filing by email. A document that
erwise in this subpart, all documents in is filed by email must be attached as a
proceedings under this subpart must be PDF file to an email. The document
tendered for filing with the FAA Hear- must be signed in accordance with
ing Docket. § 13.207. The email message does not
(b) Methods of filing. Filing must be constitute a submission, but serves
lhorne on DSKJLZT7X2PROD with CFR

by email, personal delivery, mail, or only to deliver the attached PDF file
fax. to the FAA Hearing Docket.

63

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00073 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 13.211 14 CFR Ch. I (1–1–22 Edition)

§ 13.211 Service of documents. mail, 5 days are added to the prescribed


(a) General. A person must serve a period.
copy of all documents on each party (h) Presumption of service. There is a
and the administrative law judge, if as- presumption of service where a party
signed, at the time of filing with the or a person, who customarily receives
FAA Hearing Docket except as pro- mail, or receives it in the ordinary
vided otherwise in this subpart. course of business, at either the per-
(b) Service by the FAA Hearing Docket, son’s residence or the person’s prin-
the administrative law judge, and the cipal place of business, acknowledges
FAA decisionmaker. The FAA Hearing receipt of the document.
Docket, the administrative law judge,
and the FAA decisionmaker must send § 13.212 Computation of time.
documents to a party by personal de- (a) This section applies to any period
livery, mail, fax, or email as provided of time prescribed or allowed by this
in this section. subpart, by notice or order of the ad-
(c) Methods of service—(1) General. A ministrative law judge, or by any ap-
person may serve any document by plicable statute.
email, personal delivery, mail, or fax. (b) The date of an act, event, or de-
(2) Service by email. Service of docu- fault is not included in a computation
ments by email is voluntary and re- of time under this subpart.
quires the prior consent of the person (c) The last day of a time period is in-
to be served by email. A person may re- cluded unless it is a Saturday, Sunday,
tract consent to be served by email by or a Federal holiday. If the last day is
filing a written retraction with the a Saturday, Sunday, or Federal holi-
FAA Hearing Docket and serving it on day, the time period runs until the end
the other party and the administrative of the next day that is not a Saturday,
law judge. A document that is served
Sunday, or Federal holiday.
by email must be attached as a PDF
file to an email message. § 13.213 Extension of time.
(d) Certificate of service. A certificate
of service must accompany all docu- (a) The parties may agree to extend
ments filed with the FAA Hearing for a reasonable period the time for fil-
Docket. The certificate of service must ing a document under this subpart. The
be signed, describe the method of serv- party seeking the extension of time
ice, and state the date of service. must submit a draft order to the ad-
(e) Date of service. If a document is ministrative law judge to be signed by
served by fax or served by email, the the administrative law judge and filed
date of service is the date the email or with the FAA Hearing Docket. The ad-
fax is sent. If a document is served by ministrative law judge must sign and
personal delivery, the date of service is issue the order if the extension agreed
the date that personal delivery is ac- to by the parties is reasonable.
complished. If a document is mailed, (b) A party may file a written motion
the date of service is the date shown on for an extension of time. A written mo-
the certificate of service, the date tion for an extension of time must be
shown on the postmark if there is no filed with the FAA Hearing Docket in
certificate of service, or the mailing accordance with § 13.210. The motion
date shown by other evidence if there must be filed no later than seven days
is no certificate of service or postmark. before the document is due unless good
(f) Valid service. A document served cause for the late filing is shown. The
by mail or personal delivery that was party filing the motion must serve a
properly addressed, was sent in accord- copy of the motion in accordance with
ance with this subpart, and that was § 13.211. The administrative law judge
returned as unclaimed, or that was re- may grant the extension of time if
fused or not accepted, is deemed to good cause for the extension is shown.
have been served in accordance with (c) If the administrative law judge
this subpart. fails to rule on a motion for an exten-
(g) Additional time after service by mail. sion of time by the date the document
lhorne on DSKJLZT7X2PROD with CFR

Whenever a party must respond within was due, the motion for an extension of
a prescribed period after service by time is deemed granted for no more

64

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00074 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 13.217

than 20 days after the original date the (b) Form and content of schedule. If the
document was to be filed. parties agree to a joint procedural or
discovery schedule, one of the parties
§ 13.214 Amendment of pleadings. must file the joint schedule setting
(a) Filing and service. A party must forth the dates to which the parties
file the amendment with the FAA have agreed, in accordance with
Hearing Docket and must serve a copy § 13.210, and must also serve a copy of
of the amendment on the administra- the joint schedule in accordance with
tive law judge, if assigned, and on all § 13.211. The filing of the joint schedule
parties to the proceeding. must include a draft order establishing
(b) Time. (1) Not later than 15 days be- a joint schedule to be signed by the ad-
fore the scheduled date of a hearing, a ministrative law judge.
party may amend a complaint or an (1) The joint schedule may include,
answer without the consent of the ad- but need not be limited to, requests for
ministrative law judge.
discovery, objections to discovery re-
(2) Less than 15 days before the
quests, responses to discovery requests
scheduled date of a hearing, the admin-
to which there are no objections, sub-
istrative law judge may allow amend-
ment of a complaint or an answer only mission of prehearing motions, re-
for good cause shown in a motion to sponses to prehearing motions, ex-
amend. change of exhibits to be introduced at
(c) Responses. The administrative law the hearing, and a list of witnesses
judge must allow a reasonable time, that may be called at the hearing.
but not more than 20 days from the (2) Each party must sign the joint
date of filing, for other parties to re- schedule.
spond if an amendment to a complaint, (c) Time. The parties may agree to
answer, or other pleading has been filed submit all prehearing motions and re-
with the FAA Hearing Docket and sponses and may agree to close dis-
served on the administrative law judge covery in the proceedings under the
and other parties. joint schedule within a reasonable time
before the date of the hearing, but not
§ 13.215 Withdrawal of complaint or later than 15 days before the hearing.
request for hearing.
(d) Joint scheduling order. The joint
At any time before or during a hear- schedule filed by the parties is a pro-
ing, an agency attorney may withdraw posed schedule that requires approval
a complaint or a party may withdraw a of the administrative law judge to be-
request for a hearing without the con- come the joint scheduling order.
sent of the administrative law judge. If (e) Disputes. The administrative law
an agency attorney withdraws the judge must resolve disputes regarding
complaint or a party withdraws the re- discovery or disputes regarding compli-
quest for a hearing and the answer, the ance with the joint scheduling order as
administrative law judge must dismiss soon as possible so that the parties
the proceedings under this subpart may continue to comply with the joint
with prejudice.
scheduling order.
§ 13.216 Waivers. (f) Sanctions for failure to comply with
joint schedule. If a party fails to comply
Waivers of any rights provided by
with a joint scheduling order, the ad-
statute or regulation must be in writ-
ministrative law judge may impose any
ing or by stipulation made at a hearing
and entered into the record. The par- of the following sanctions, proportional
ties must set forth the precise terms of to the party’s failure to comply with
the waiver and any conditions. the order:
(1) Strike the relevant portion of a
§ 13.217 Joint procedural or discovery party’s pleadings;
schedule. (2) Preclude prehearing or discovery
(a) General. The parties may agree to motions by that party;
submit a schedule for filing all pre- (3) Preclude admission of the rel-
lhorne on DSKJLZT7X2PROD with CFR

hearing motions, conducting discovery evant portion of a party’s evidence at


in the proceedings, or both. the hearing; or

65

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00075 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 13.218 14 CFR Ch. I (1–1–22 Edition)

(4) Preclude the relevant portion of ministrative law judge must issue rul-
the testimony of that party’s witnesses ings and orders in writing and must
at the hearing. serve a copy of the ruling or order on
each party.
§ 13.218 Motions. (3) Motions made during the hearing.
(a) General. A party applying for an The administrative law judge must
order or ruling not specifically pro- issue rulings and orders on oral mo-
vided in this subpart must do so by fil- tions. Oral rulings or orders on mo-
ing a motion in accordance with tions must be made on the record.
§ 13.210. A party must serve a copy of (f) Specific motions. The motions that
each motion in accordance with § 13.211. a party may file include but are not
(b) Form and contents. A party must limited to the following:
state the relief sought by the motion (1) Motion to dismiss for insufficiency.
and the particular grounds supporting A respondent may file a motion to dis-
that relief. If a party has evidence in miss the complaint for insufficiency in-
support of a motion, the party must at- stead of filing an answer. If the admin-
tach any supporting evidence, includ- istrative law judge denies the motion
ing affidavits, to the motion. to dismiss the complaint for insuffi-
(c) Filing of motions. A motion made ciency, the respondent must file an an-
prior to the hearing must be in writing. swer not later than 10 days after serv-
Unless otherwise agreed by the parties ice of the administrative law judge’s
or for good cause shown, a party must denial of the motion. A motion to dis-
file any prehearing motion not later miss the complaint for insufficiency
than 30 days before the hearing in the must show that the complaint fails to
FAA Hearing Docket in accordance state a violation of a provision of the
with § 13.210, and must serve a copy on Federal aviation statute listed in the
the administrative law judge, if as- first sentence in 49 U.S.C. 46301(d)(2) or
signed, and on each party in accord- in 49 U.S.C. 47531, or any implementing
ance with § 13.211. Motions introduced rule, regulation, or order, or a viola-
during a hearing may be made orally tion of the Federal hazardous materials
on the record unless the administrative transportation statute, 49 U.S.C. 5121–
law judge directs otherwise. 5128, or any implementing rule, regula-
(d) Responses to motions. Any party tion, or order.
may file a response, with affidavits or (2) Motion to dismiss. A party may file
other evidence in support of the re- a motion to dismiss, specifying the
sponse, not later than 10 days after grounds for dismissal. If an administra-
service of a written motion on that tive law judge grants a motion to dis-
party. When a motion is made during a miss in part, a party may appeal the
hearing, the response may be made at administrative law judge’s ruling on
the hearing on the record, orally or in the motion to dismiss under § 13.219(b).
writing, within a reasonable time de- (i) Motion to dismiss a request for a
termined by the administrative law hearing. An agency attorney may file a
judge. motion to dismiss a request for a hear-
(e) Rulings on motions. The adminis- ing instead of filing a complaint. If the
trative law judge must rule on all mo- motion to dismiss is not granted, the
tions as follows: agency attorney must file the com-
(1) Discovery motions. The administra- plaint in the FAA Hearing Docket and
tive law judge must resolve all pending must serve a copy of the complaint on
discovery motions not later than 10 the administrative law judge and on
days before the hearing. each party not later than 10 days after
(2) Prehearing motions. The adminis- service of the administrative law
trative law judge must resolve all judge’s ruling or order on the motion
pending prehearing motions not later to dismiss. If the motion to dismiss is
than 7 days before the hearing. If the granted and the proceedings are termi-
administrative law judge issues a rul- nated without a hearing, the respond-
ing or order orally, the administrative ent may appeal to the FAA decision-
law judge must serve a written copy of maker under § 13.233. If required by the
lhorne on DSKJLZT7X2PROD with CFR

the ruling or order, within 3 days, on decision on appeal, the agency attor-
each party. In all other cases, the ad- ney must file a complaint in the FAA

66

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00076 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 13.218

Hearing Docket and must serve a copy of the answer on the administrative
of the complaint on the administrative law judge and on each party not later
law judge and each party not later than 10 days after service of the order
than 10 days after service of the FAA of denial.
decisionmaker’s decision on appeal. (ii) Answer. An agency attorney may
(ii) Motion to dismiss a complaint. A re- file a motion requesting a more defi-
spondent may file a motion to dismiss nite statement if an answer fails to re-
a complaint instead of filing an answer, spond clearly to the allegations in the
including a motion to dismiss a stale complaint. If the administrative law
complaint or allegations as provided in judge grants the motion, the respond-
§ 13.208. If the motion to dismiss is not ent must supply a more definite state-
granted, the respondent must file an ment not later than 15 days after serv-
answer in the FAA Hearing Docket and ice of the ruling on the motion. If the
must serve a copy of the answer on the respondent fails to supply a more defi-
administrative law judge and on each nite statement, the administrative law
party not later than 10 days after serv- judge may strike those statements in
ice of the administrative law judge’s the answer to which the motion is di-
ruling or order on the motion to dis- rected. The respondent’s failure to sup-
miss. If the motion to dismiss is grant- ply a more definite statement may be
ed and the proceedings are terminated deemed an admission of unanswered al-
without a hearing, the agency attorney legations in the complaint.
may file an appeal in the FAA Hearing (4) Motion to strike. Any party may
Docket under § 13.233 and must serve make a motion to strike any insuffi-
each other party. If required by the cient allegation or defense, or any re-
FAA decisionmaker’s decision on ap- dundant, immaterial, impertinent, or
peal, the respondent must file an an- scandalous matter in a pleading. A
swer in the FAA Hearing Docket, and party must file a motion to strike be-
must serve a copy of the answer on the fore a response is required under this
administrative law judge and on each subpart or, if a response is not re-
party not later than 10 days after serv- quired, not later than 10 days after
ice of the decision on appeal. service of the pleading. A motion to
(3) Motion for a more definite statement. strike must be filed in the FAA Hear-
A party may file a motion for a more ing Docket and served on the adminis-
definite statement of any pleading trative law judge, if assigned, and on
which requires a response under this each other party.
subpart. A party must set forth, in de- (5) Motion for decision. A party may
tail, the indefinite or uncertain allega- make a motion for decision, regarding
tions contained in a complaint or re- all or any part of the proceedings, at
sponse to any pleading and must sub- any time before the administrative law
mit the details that the party believes judge has issued an initial decision in
would make the allegation or response the proceedings. The administrative
definite and certain. law judge must grant a party’s motion
(i) Complaint. A respondent may file a for decision if the pleadings, deposi-
motion requesting a more definite tions, answers to interrogatories, ad-
statement of the allegations contained missions, matters that the administra-
in the complaint instead of filing an tive law judge has officially noticed, or
answer. If the administrative law judge evidence introduced during the hearing
grants the motion, the agency attorney shows that there is no genuine issue of
must supply a more definite statement material fact and that the party mak-
not later than 15 days after service of ing the motion is entitled to a decision
the ruling granting the motion. If the as a matter of law. The party making
agency attorney fails to supply a more the motion for decision has the burden
definite statement, the administrative of showing that there is no genuine
law judge may strike the allegations in issue of material fact disputed by the
the complaint to which the motion is parties.
directed. If the administrative law (6) Motion for disqualification. A party
judge denies the motion, the respond- may file a motion for disqualification
lhorne on DSKJLZT7X2PROD with CFR

ent must file an answer in the FAA in the FAA Hearing Docket and must
Hearing Docket and must serve a copy serve a copy on the administrative law

67

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00077 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 13.219 14 CFR Ch. I (1–1–22 Edition)

judge and on each party. A party may missing a complaint, order dismissing
file the motion at any time after the a request for hearing, or order dis-
administrative law judge has been as- missing a request for hearing and an-
signed to the proceedings but must swer as a notice of appeal under § 13.233,
make the motion before the adminis- and if the motion was filed within the
trative law judge files an initial deci- time allowed for the filing of a notice
sion in the proceedings. of appeal, the FAA decisionmaker will
(i) Motion and supporting affidavit. A issue a briefing schedule.
party must state the grounds for dis-
qualification in a motion for disquali- § 13.219 Interlocutory appeals.
fication, including, but not limited to,
(a) General. Unless otherwise pro-
a financial or other personal interest
vided in this subpart, a party may not
that would be affected by the outcome
of the enforcement action, personal appeal a ruling or decision of the ad-
animus against a party to the action or ministrative law judge to the FAA de-
against a group to which a party be- cisionmaker until the initial decision
longs, prejudgment of the adjudicative has been entered on the record. A deci-
facts at issue in the proceeding, or any sion or order of the FAA decisionmaker
other prohibited conflict of interest. A on the interlocutory appeal does not
party must submit an affidavit with constitute a final order of the Adminis-
the motion for disqualification that trator for the purposes of judicial ap-
sets forth, in detail, the matters al- pellate review as provided in § 13.235.
leged to constitute grounds for dis- (b) Interlocutory appeal for cause. If a
qualification. party orally requests or files a written
(ii) Response. A party must respond request for an interlocutory appeal for
to the motion for disqualification not cause, the proceedings are stayed until
later than 5 days after service of the the administrative law judge issues a
motion for disqualification. decision on the request. Any written
(iii) Decision on motion for disqualifica- request for interlocutory appeal for
tion. The administrative law judge cause must be filed in the FAA Hearing
must render a decision on the motion Docket and served on each party and
for disqualification not later than 15 on the administrative law judge. If the
days after the motion has been filed. If administrative law judge grants the re-
the administrative law judge finds that quest, the proceedings are stayed until
the motion for disqualification and the FAA decisionmaker issues a deci-
supporting affidavit show a basis for sion on the interlocutory appeal. The
disqualification, the administrative administrative law judge must grant
law judge must withdraw from the pro- the request if a party shows that delay
ceedings immediately. If the adminis- of the appeal would be detrimental to
trative law judge finds that disquali- the public interest or would result in
fication is not warranted, the adminis- undue prejudice to any party.
trative law judge must deny the mo-
(c) Interlocutory appeals of right. If a
tion and state the grounds for the de-
party notifies the administrative law
nial on the record. If the administra-
judge of an interlocutory appeal of
tive law judge fails to rule on a party’s
motion for disqualification within 15 right, the proceedings are stayed until
days after the motion has been filed, the FAA decisionmaker issues a deci-
the motion is deemed granted. sion on the interlocutory appeal. A
(iv) Appeal. A party may appeal the party may file an interlocutory appeal
administrative law judge’s denial of of right, without the consent of the ad-
the motion for disqualification in ac- ministrative law judge, before an ini-
cordance with § 13.219(b). tial decision has been entered in the
(7) Motions for reconsideration of an case of:
initial decision, order dismissing a com- (1) A ruling or order by the adminis-
plaint, order dismissing a request for trative law judge barring a person from
hearing or order dismissing a request for the proceedings;
hearing and answer. The FAA decision- (2) Failure of the administrative law
lhorne on DSKJLZT7X2PROD with CFR

maker may treat motions for reconsid- judge to dismiss the proceedings in ac-
eration of an initial decision, order dis- cordance with § 13.215; or

68

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00078 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 13.220

(3) A ruling or order by the adminis- dispute, a party must attach a copy of
trative law judge in violation of the relevant documents in support of a
§ 13.205(b). motion made under this section.
(d) Procedure. A party must file a no- (c) Service on the agency. A party
tice of interlocutory appeal, with sup- must serve each discovery request di-
porting documents, with the FAA rected to the agency or any agency em-
Hearing Docket, and must serve a copy ployee on the agency attorney of
of the notice and supporting documents record.
on each party and the administrative (d) Time for response to discovery re-
law judge not later than 10 days after quests. Unless otherwise directed by
the administrative law judge’s decision this subpart or agreed by the parties, a
forming the basis of an interlocutory party must respond to a request for
appeal of right, or not later than 10 discovery, including filing objections
days after the administrative law to a request for discovery, not later
judge’s decision granting an interlocu- than 30 days after service of the re-
tory appeal for cause, as appropriate. A quest.
party must file a reply, if any, with the (e) Scope of discovery. Subject to the
FAA Hearing Docket, and serve a copy limits on discovery set forth in para-
on each party and the administrative graph (f) of this section, a party may
law judge not later than 10 days after discover any matter that is not privi-
service of the appeal. The FAA deci- leged and that is relevant to any par-
sionmaker must render a decision on ty’s claim or defense, including the ex-
the interlocutory appeal on the record istence, description, nature, custody,
and as a part of the decision in the pro- condition, and location of any docu-
ceedings, within a reasonable time ment or other tangible item and the
after receipt of the interlocutory ap- identity and location of any person
peal. having knowledge of discoverable mat-
(e) Summary rejection. The FAA deci- ter. A party may discover facts known,
sionmaker may reject frivolous, repet- or opinions held, by an expert who any
itive, or dilatory appeals, and may other party expects to call to testify at
issue an order precluding one or more the hearing. A party has no ground to
parties from making further interlocu- object to a discovery request on the
tory appeals in a proceeding in which basis that the information sought
there have been frivolous, repetitive, or would not be admissible at the hearing.
dilatory interlocutory appeals. (f) Limiting discovery. The administra-
tive law judge must limit the fre-
§ 13.220 Discovery. quency and extent of discovery per-
(a) Initiation of discovery. Any party mitted by this section if a party shows
may initiate discovery described in that—
this section without the consent or ap- (1) The information requested is cu-
proval of the administrative law judge mulative or repetitious;
at any time after a complaint has been (2) The information requested can be
filed in the proceedings. obtained from another less burdensome
(b) Methods of discovery. The fol- and more convenient source;
lowing methods of discovery are per- (3) The party requesting the informa-
mitted under this section: Depositions tion has had ample opportunity to ob-
on oral examination or written ques- tain the information through other dis-
tions of any person; written interrog- covery methods permitted under this
atories directed to a party; requests for section; or
production of documents or tangible (4) The method or scope of discovery
items to any person; and requests for requested by the party is unduly bur-
admission by a party. A party must not densome or expensive.
file written interrogatories and re- (g) Confidential orders. A party or per-
sponses, requests for production of doc- son who has received a discovery re-
uments or tangible items and re- quest for information that is related to
sponses, and requests for admission and a trade secret, confidential or sensitive
response with the FAA Hearing Docket material, competitive or commercial
lhorne on DSKJLZT7X2PROD with CFR

or serve them on the administrative information, proprietary data, or infor-


law judge. In the event of a discovery mation on research and development,

69

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00079 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 13.220 14 CFR Ch. I (1–1–22 Edition)

may file a motion for a confidential place for discovery or a determination


order in the FAA Hearing Docket in ac- of the method of discovery; or
cordance with § 13.210, and must serve a (3) Limit the scope of discovery or
copy of the motion for a confidential preclude any inquiry into certain mat-
order on each party and on the admin- ters during discovery.
istrative law judge in accordance with (i) Duty to supplement or amend re-
§ 13.211. sponses. A party who has responded to a
(1) The party or person making the discovery request has a duty to supple-
motion must show that the confiden- ment or amend the response, as soon as
tial order is necessary to protect the the information is known, as follows:
information from disclosure to the pub- (1) A party must supplement or
lic. amend any response to a question re-
(2) If the administrative law judge de- questing the identity and location of
termines that the requested material is any person having knowledge of discov-
not necessary to decide the case, the erable matters.
administrative law judge must pre- (2) A party must supplement or
clude any inquiry into the matter by amend any response to a question re-
any party. questing the identity of each person
(3) If the administrative law judge de- who will be called to testify at the
termines that the requested material hearing as an expert witness and the
may be disclosed during discovery, the subject matter and substance of that
administrative law judge may order witness’s testimony.
that the material may be discovered (3) A party must supplement or
and disclosed under limited conditions amend any response that was incorrect
or may be used only under certain when made or any response that was
terms and conditions. correct when made but is no longer
(4) If the administrative law judge de- correct, accurate, or complete.
termines that the requested material is (j) Depositions—(1) Form. A deposition
necessary to decide the case and that a must be taken on the record and re-
confidential order is warranted, the ad- duced to writing. The person being de-
ministrative law judge must provide: posed must sign the deposition unless
(i) An opportunity for review of the the parties agree to waive the require-
document by the parties off the record; ment of a signature.
(ii) Procedures for excluding the in- (2) Administration of oaths. Within the
formation from the record; and United States, or a territory or posses-
(iii) Order that the parties must not sion subject to the jurisdiction of the
disclose the information in any manner United States, a party must take a
and the parties must not use the infor- deposition before a person authorized
mation in any other proceeding. to administer oaths by the laws of the
(h) Protective orders. A party or a per- United States or authorized by the law
son who has received a request for dis- of the place where the examination is
covery may file a motion for protective held. In foreign countries, a party must
order in the FAA Hearing Docket and take a deposition in any manner al-
must serve a copy of the motion for lowed by the Federal Rules of Civil
protective order on the administrative Procedure.
law judge and each other party. The (3) Notice of deposition. A party must
party or person making the motion serve a notice of deposition, stating the
must show that the protective order is time and place of the deposition and
necessary to protect the party or the the name and address of each person to
person from annoyance, embarrass- be examined, on the person to be de-
ment, oppression, or undue burden or posed, the administrative law judge,
expense. As part of the protective and each party not later than 7 days
order, the administrative law judge before the deposition. The notice must
may: be filed in the FAA Hearing Docket si-
(1) Deny the discovery request; multaneously. A party may serve a no-
(2) Order that discovery be conducted tice of deposition less than 7 days be-
lhorne on DSKJLZT7X2PROD with CFR

only on specified terms and conditions, fore the deposition only with consent
including a designation of the time or of the administrative law judge. The

70

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00080 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 13.220

party noticing a deposition must at- admission. The administrative law


tach a copy of any subpoena duces judge may determine that a failure to
tecum requesting that materials be pro- respond to a request for admission is
duced at the deposition to the notice of not deemed an admission of the truth if
deposition. a party shows that the failure was due
(4) Use of depositions. A party may use to circumstances beyond the control of
any part or all of a deposition at a the party or the party’s attorney.
hearing authorized under this subpart (2) Response. A party may object to a
only upon a showing of good cause. The request for admission and must state
deposition may be used against any the reasons for objection. A party may
party who was present or represented specifically deny the truth of the mat-
at the deposition or who had reason- ter or describe the reasons why the
able notice of the deposition. party is unable to truthfully deny or
(k) Interrogatories. A party, the par- admit the matter. If a party is unable
ty’s attorney, or the party’s represent- to deny or admit the truth of the mat-
ative may sign the party’s responses to ter, the party must show that the
interrogatories. A party must answer party has made reasonable inquiry into
each interrogatory separately and com- the matter or that the information
pletely in writing. If a party objects to known to, or readily obtainable by, the
an interrogatory, the party must state party is insufficient to enable the
the objection and the reasons for the party to admit or deny the matter. A
objection. An opposing party may use party may admit or deny any part of
any part or all of a party’s responses to the request for admission. If the ad-
interrogatories at a hearing authorized ministrative law judge determines that
under this subpart to the extent that a response does not comply with the re-
the response is relevant, material, and quirements of this paragraph (l)(2) or
not repetitious. that the response is insufficient, the
(1) A party must not serve more than matter is deemed admitted.
30 interrogatories to each other party.
(3) Effect of admission. Any matter ad-
Each subpart of an interrogatory must
mitted or deemed admitted under this
be counted as a separate interrogatory.
section is conclusively established for
(2) A party must file a motion for
the purpose of the hearing and appeal.
leave to serve additional interrog-
atories on a party with the administra- (m) Motion to compel discovery. A
tive law judge before serving additional party may make a motion to compel
interrogatories on a party. The admin- discovery if a person refuses to answer
istrative law judge may grant the mo- a question during a deposition, a party
tion only if the party shows good fails or refuses to answer an interrog-
cause. atory, if a person gives an evasive or
(l) Requests for admission. A party incomplete answer during a deposition
may serve a written request for admis- or when responding to an interrog-
sion of the truth of any matter within atory, or a party fails or refuses to
the scope of discovery under this sec- produce documents or tangible items.
tion or the authenticity of any docu- During a deposition, the proponent of a
ment described in the request. A party question may complete the deposition
must set forth each request for admis- or may adjourn the examination before
sion separately. A party must serve making a motion to compel if a person
copies of documents referenced in the refuses to answer. Any motion to com-
request for admission unless the docu- pel must be filed with the FAA Hearing
ments have been provided or are rea- Docket and served on the administra-
sonably available for inspection and tive law judge and other parties in ac-
copying. cordance with §§ 13.210 and 13.211, re-
(1) Time. A party’s failure to respond spectively.
to a request for admission, in writing (n) Failure to comply with a discovery
and signed by the attorney or the order. If a party fails to comply with a
party, not later than 30 days after serv- discovery order, the administrative law
ice of the request, is deemed an admis- judge may impose any of the following
lhorne on DSKJLZT7X2PROD with CFR

sion of the truth of the statement or sanctions proportional to the party’s


statements contained in the request for failure to comply with the order:

71

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00081 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 13.221 14 CFR Ch. I (1–1–22 Edition)

(1) Strike the relevant portion of a evidence submitted by a party is hear-


party’s pleadings; say goes only to the weight of the evi-
(2) Preclude prehearing or discovery dence and does not affect its admissi-
motions by that party; bility.
(3) Preclude admission of the rel-
evant portion of a party’s evidence at § 13.223 Standard of proof.
the hearing; or The administrative law judge must
(4) Preclude the relevant portion of issue an initial decision or must rule in
the testimony of that party’s witnesses a party’s favor only if the decision or
at the hearing. ruling is supported by, and in accord-
ance with, the reliable, probative, and
§ 13.221 Notice of hearing. substantial evidence contained in the
(a) Notice. The administrative law record. In order to prevail, the party
judge must provide each party with no- with the burden of proof must prove
tice of the date, time, and location of the party’s case or defense by a prepon-
the hearing at least 60 days before the derance of reliable, probative, and sub-
hearing date. stantial evidence.
(b) Date, time, and location of the hear-
ing. The administrative law judge to § 13.224 Burden of proof.
whom the proceedings have been as- (a) Except in the case of an affirma-
signed must set a reasonable date, tive defense, the burden of proof is on
time, and location for the hearing. The the agency.
administrative law judge must consider (b) Except as otherwise provided by
the need for discovery and any joint statute or rule, the proponent of a mo-
procedural or discovery schedule sub- tion, request, or order has the burden
mitted by the parties when deter- of proof.
mining the hearing date. The adminis- (c) A party who has asserted an af-
trative law judge must give due regard firmative defense has the burden of
to the convenience of the parties, the proving the affirmative defense.
location where the majority of the wit-
nesses reside or work, and whether the § 13.225 Offer of proof.
location is served by a scheduled air A party whose evidence has been ex-
carrier. cluded by a ruling of the administra-
(c) Earlier hearing. With the consent tive law judge may offer the evidence
of the administrative law judge, the for the record on appeal.
parties may agree to hold the hearing
on an earlier date than the date speci- § 13.226 Public disclosure of informa-
fied in the notice of hearing. tion.
(a) The administrative law judge may
§ 13.222 Evidence. order that any information contained
(a) General. A party is entitled to in the record be withheld from public
present the party’s case or defense by disclosure. Any party or interested per-
oral, documentary, or demonstrative son may object to disclosure of infor-
evidence, to submit rebuttal evidence, mation in the record by filing and serv-
and to conduct any cross-examination ing a written motion to withhold spe-
that may be required for a full and true cific information in accordance with
disclosure of the facts. §§ 13.210 and 13.211 respectively. A party
(b) Admissibility. A party may intro- may file a motion seeking to protect
duce any oral, documentary, or demon- from public disclosure information
strative evidence in support of the par- contained in a document that the party
ty’s case or defense. The administra- is filing at the same time it files the
tive law judge must admit any relevant document. The person or party must
oral, documentary, or demonstrative state the specific grounds for non-
evidence introduced by a party, but disclosure in the motion.
must exclude irrelevant, immaterial, (b) The administrative law judge
or unduly repetitious evidence. must grant the motion to withhold if,
(c) Hearsay evidence. Hearsay evi- based on the motion and any response
lhorne on DSKJLZT7X2PROD with CFR

dence is admissible in proceedings gov- to the motion, the administrative law


erned by this subpart. The fact that judge determines that: Disclosure

72

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00082 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 13.230

would be detrimental to aviation safe- poena is not reasonably tailored to the


ty; disclosure would not be in the pub- scope of the proceeding, or that the
lic interest; or the information is not subpoena is unreasonable and oppres-
otherwise required to be made avail- sive. A motion to quash or modify the
able to the public. subpoena will stay the effect of the
subpoena pending a decision by the ad-
§ 13.227 Expert or opinion witnesses.
ministrative law judge on the motion.
An employee of the agency may not (c) Enforcement of subpoena. Upon a
be called as an expert or opinion wit- showing that a person has failed or re-
ness for any party other than the FAA fused to comply with a subpoena, a
in any proceeding governed by this sub-
party may apply to the appropriate
part. An employee of a respondent may
U.S. district court to seek judicial en-
not be called by an agency attorney as
an expert or opinion witness for the forcement of the subpoena.
FAA in any proceeding governed by § 13.229 Witness fees.
this subpart to which the respondent is
a party. (a) General. The party who applies for
a subpoena to compel the attendance of
§ 13.228 Subpoenas. a witness at a deposition or hearing, or
(a) Request for subpoena. The adminis- the party at whose request a witness
trative law judge, upon application by appears at a deposition or hearing,
any party to the proceeding, may issue must pay the witness fees described in
subpoenas requiring the attendance of this section.
witnesses or the production of docu- (b) Amount. Except for an employee
ments or tangible things at a hearing of the agency who appears at the direc-
or for the purpose of taking deposi- tion of the agency, a witness who ap-
tions, as permitted by law. A request pears at a deposition or hearing is enti-
for a subpoena must show its general tled to the same fees and allowances
relevance and reasonable scope. The provided for under 28 U.S.C. 1821.
party must serve the subpoena on the
witness or the holder of the documents § 13.230 Record.
or tangible items as permitted by ap-
plicable statute. A request for a sub- (a) Exclusive record. The pleadings,
poena must be filed and served in ac- transcripts of the hearing and pre-
cordance with §§ 13.210 and 13.211, re- hearing conferences, exhibits admitted
spectively. Absent good cause shown, into evidence, rulings, motions, appli-
the filing and service must be com- cations, requests, briefs, and responses
pleted as follows: thereto, constitute the exclusive record
(1) Not later than 15 days before a for decision of the proceedings and the
scheduled deposition under the sub- basis for the issuance of any orders in
poena; or the proceeding. Any proceedings re-
(2) Not later than 30 days before a garding the disqualification of an ad-
scheduled hearing where attendance at ministrative law judge must be in-
the hearing is sought. cluded in the record. Though only ex-
(b) Motion to quash or modify the sub- hibits admitted into evidence are part
poena. A party, or any person upon of the record before an administrative
whom a subpoena has been served, may law judge, evidence proffered but not
file in the FAA Hearing Docket a mo- admitted is also part of the record on
tion to quash or modify the subpoena appeal, as provided by § 13.225.
and must serve a copy on the adminis-
(b) Examination and copying of record.
trative law judge and each party at or
before the time specified in the sub- The parties may examine the record at
poena for compliance. The movant the FAA Hearing Docket and may ob-
must describe, in detail, the basis for tain copies of the record upon payment
the motion to quash or modify the sub- of applicable fees. Any other person
poena including, but not limited to, a may obtain copies of the releasable
statement that the testimony, docu- portions of the record in accordance
lhorne on DSKJLZT7X2PROD with CFR

ment, or tangible evidence is not rel- with applicable law.


evant to the proceeding, that the sub-

73

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00083 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 13.231 14 CFR Ch. I (1–1–22 Edition)

§ 13.231 Argument before the adminis- of the administrative law judge’s dis-
trative law judge. cretion, and the amount of any civil
(a) Arguments during the hearing. Dur- penalty found appropriate by the ad-
ing the hearing, the administrative law ministrative law judge. The adminis-
judge must give the parties a reason- trative law judge must also include a
able opportunity to present arguments discussion of the basis for any order
on the record supporting or opposing issued in the proceedings. The adminis-
motions, objections, and rulings if the trative law judge is not required to
parties request an opportunity for ar- provide a written explanation for rul-
gument. The administrative law judge ings on objections, procedural motions,
may request written arguments during and other matters not directly relevant
the hearing if the administrative law to the substance of the initial decision.
judge finds that submission of written If the administrative law judge refers
arguments would be reasonable. to any previous unreported or unpub-
(b) Final oral argument. At the conclu-
lished initial decision, the administra-
sion of the hearing and before the ad-
tive law judge must make copies of
ministrative law judge issues an initial
decision in the proceedings, the admin- that initial decision available to all
istrative law judge must allow the par- parties and the FAA decisionmaker.
ties to submit oral proposed findings of (b) Oral decision. Except as provided
fact and conclusions of law, exceptions in paragraph (c) of this section, at the
to rulings of the administrative law conclusion of the hearing, the adminis-
judge, and supporting arguments for trative law judge’s oral initial decision
the findings, conclusions, or excep- and order must be on the record.
tions. At the conclusion of the hearing, (c) Written decision. The administra-
a party may waive final oral argument. tive law judge may issue a written ini-
(c) Post-hearing briefs. The adminis- tial decision not later than 30 days
trative law judge may request written after the conclusion of the hearing or
post-hearing briefs before the adminis- submission of the last post-hearing
trative law judge issues an initial deci- brief if the administrative law judge
sion in the proceedings if the adminis- finds that issuing a written initial de-
trative law judge finds that submission
cision is reasonable. The administra-
of written arguments would be reason-
tive law judge must serve a copy of any
able. If a party files a written post-
hearing brief, the party must include written initial decision on each party.
proposed findings of fact and conclu- (d) Reconsideration of an initial deci-
sions of law, exceptions to rulings of sion. The FAA decisionmaker may
the administrative law judge, and sup- treat a motion for reconsideration of
porting arguments for the findings, an initial decision as a notice of appeal
conclusions, or exceptions. The admin- under § 13.233, and if the motion was
istrative law judge must give the par- filed within the time allowed for the
ties a reasonable opportunity, but not filing of a notice of appeal, the FAA de-
more than 30 days after receipt of the cisionmaker will issue a briefing sched-
transcript, to prepare and submit the ule, as provided in § 13.218.
briefs. A party must file and serve any (e) Order assessing civil penalty. Unless
post-hearing brief in in accordance appealed pursuant to § 13.233, the initial
with §§ 13.210 and 13.211, respectively. decision issued by the administrative
law judge is considered an order assess-
§ 13.232 Initial decision.
ing civil penalty if the administrative
(a) Contents. The administrative law law judge finds that an alleged viola-
judge must issue an initial decision at tion occurred and determines that a
the conclusion of the hearing. In each civil penalty, in an amount found ap-
oral or written decision, the adminis- propriate by the administrative law
trative law judge must include findings judge, is warranted. The administra-
of fact and conclusions of law, as well
tive law judge may not assess a civil
as the grounds supporting those find-
penalty exceeding the amount sought
ings and conclusions, for all material
lhorne on DSKJLZT7X2PROD with CFR

issues of fact, the credibility of wit- in the complaint.


nesses, the applicable law, any exercise

74

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00084 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 13.233

§ 13.233 Appeal from initial decision. written response to the motion for ex-
(a) Notice of appeal. A party may ap- tension no later than 10 days after
peal the administrative law judge’s ini- service of the motion. The FAA deci-
tial decision, and any decision not pre- sionmaker may grant an extension if
viously appealed to the FAA decision- good cause for the extension is shown
maker on interlocutory appeal pursu- in the motion.
ant to § 13.219, by filing a notice of ap- (d) Appeal briefs. A party must file
peal in accordance with § 13.210 no later the appeal brief in accordance with
than 10 days after entry of the oral ini- § 13.210 and must serve a copy of the ap-
tial decision on the record or service of peal brief on each party in accordance
the written initial decision on the par- with § 13.211.
ties. The party must serve a copy of (1) A party must set forth, in detail,
the notice of appeal on each party in the party’s specific objections to the
accordance with § 13.211. A party is not initial decision or rulings in the appeal
required to serve any documents under brief. A party also must set forth, in
§ 13.233 on the administrative law detail, the basis for the appeal, the rea-
judge. sons supporting the appeal, and the re-
(b) Issues on appeal. In any appeal lief requested in the appeal. If the
from a decision of an administrative party relies on evidence contained in
law judge, the FAA decisionmaker con- the record for the appeal, the party
siders only the following issues: must specifically refer to the pertinent
(1) Whether each finding of fact is evidence contained in the transcript in
supported by a preponderance of reli- the appeal brief.
able, probative, and substantial evi- (2) The FAA decisionmaker may dis-
dence; miss an appeal, on the FAA decision-
(2) Whether each conclusion of law is maker’s own initiative or upon motion
made in accordance with applicable of any other party, where a party has
law, precedent, and public policy; and filed a notice of appeal but fails to per-
(3) Whether the administrative law
fect the appeal by timely filing an ap-
judge committed any prejudicial er-
peal brief with the FAA decisionmaker.
rors.
(c) Perfecting an appeal. Except as fol- (e) Reply brief. Except as follows in
lows in paragraphs (c)(1) and (2) of this paragraphs (e)(1) and (2) of this section,
section, a party must perfect an appeal any party may file a reply brief in ac-
to the FAA decisionmaker no later cordance with § 13.210 not later than 35
than 50 days after entry of the oral ini- days after the appeal brief has been
tial decision on the record or service of served on that party. The party filing
the written initial decision on the par- the reply brief must serve a copy of the
ties by filing an appeal brief in accord- reply brief on each party in accordance
ance with § 13.210 and serving a copy on with § 13.211. If the party relies on evi-
every other party in accordance with dence contained in the record for the
§ 13.211. reply, the party must specifically refer
(1) Extension of time by agreement of to the pertinent evidence contained in
the parties. The parties may agree to the transcript in the reply brief.
extend the time for perfecting the ap- (1) Extension of time by agreement of
peal with the consent of the FAA deci- the parties. The parties may agree to
sionmaker. If the FAA decisionmaker extend the time for filing a reply brief
grants an extension of time to perfect with the consent of the FAA decision-
the appeal, the FAA decisionmaker maker. If the FAA decisionmaker
must serve a letter confirming the ex- grants an extension of time to file the
tension of time on each party. reply brief, the FAA decisionmaker
(2) Written motion for extension. If the must serve a letter confirming the ex-
parties do not agree to an extension of tension of time on each party.
time for perfecting an appeal, a party (2) Written motion for extension. If the
desiring an extension of time may file parties do not agree to an extension of
a written motion for an extension in time for filing a reply brief, a party de-
accordance with § 13.210 and must serve siring an extension of time may file a
lhorne on DSKJLZT7X2PROD with CFR

a copy of the motion on each party written motion for an extension in ac-
under § 13.211. Any party may file a cordance with § 13.210 and must serve a

75

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00085 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 13.233 14 CFR Ch. I (1–1–22 Edition)

copy of the motion on each party in ac- considering the issues on appeal. The
cordance with § 13.211. Any party choos- FAA decisionmaker may affirm, mod-
ing to respond to the motion must file ify, or reverse the initial decision,
and serve a written response to the mo- make any necessary findings, or re-
tion no later than 10 days after service mand the case for any proceedings that
of the motion The FAA decisionmaker the FAA decisionmaker determines
may grant an extension if good cause may be necessary. The FAA decision-
for the extension is shown in the mo- maker may assess a civil penalty but
tion. must not assess a civil penalty in an
(f) Other briefs. The FAA decision- amount greater than that sought in the
maker may allow any person to submit complaint.
an amicus curiae brief in an appeal of an
(1) The FAA decisionmaker may raise
initial decision. A party may not file
more than one brief unless permitted any issue, on the FAA decisionmaker’s
by the FAA decisionmaker. A party own initiative, that is required for
may petition the FAA decisionmaker, proper disposition of the proceedings.
in writing, for leave to file an addi- The FAA decisionmaker will give the
tional brief and must serve a copy of parties a reasonable opportunity to
the petition on each party. The party submit arguments on the new issues
may not file the additional brief with before making a decision on appeal. If
the petition. The FAA decisionmaker an issue raised by the FAA decision-
may grant leave to file an additional maker requires the consideration of ad-
brief if the party demonstrates good ditional testimony or evidence, the
cause for allowing additional argument FAA decisionmaker will remand the
on the appeal. The FAA decisionmaker case to the administrative law judge
will allow a reasonable time for the for further proceedings and an initial
party to file the additional brief. decision related to that issue. If an
(g) Number of copies. A party must file issue raised by the FAA decisionmaker
the original plus one copy of the appeal is solely an issue of law, or the issue
brief or reply brief, but only one copy was addressed at the hearing but was
if filing by email or fax, as provided in not raised by a party in the briefs on
§ 13.210. appeal, a remand of the case to the ad-
(h) Oral argument. The FAA decision- ministrative law judge for further pro-
maker may permit oral argument on
ceedings is not required but may be
the appeal. On the FAA decision-
provided in the discretion of the FAA
maker’s own initiative, or upon writ-
decisionmaker.
ten motion by any party, the FAA de-
cisionmaker may find that oral argu- (2) The FAA decisionmaker will issue
ment will contribute substantially to the final decision and order of the Ad-
the development of the issues on appeal ministrator on appeal in writing and
and may grant the parties an oppor- will serve a copy of the decision and
tunity for oral argument. order on each party. Unless a petition
(i) Waiver of objections on appeal. If a for review is filed pursuant to § 13.235, a
party fails to object to any alleged final decision and order of the Admin-
error regarding the proceedings in an istrator will be considered an order as-
appeal or a reply brief, the party sessing civil penalty if the FAA deci-
waives any objection to the alleged sionmaker finds that an alleged viola-
error. The FAA decisionmaker is not tion occurred and a civil penalty is
required to consider any objection in warranted.
an appeal brief, or any argument in the (3) A final decision and order of the
reply brief, if a party’s objection or ar- Administrator after appeal is precedent
gument is based on evidence contained in any other civil penalty action. Any
on the record and the party does not issue, finding or conclusion, order, rul-
specifically refer to the pertinent evi- ing, or initial decision of an adminis-
dence from the record in the brief. trative law judge that has not been ap-
(j) FAA decisionmaker’s decision on ap-
pealed to the FAA decisionmaker is
peal. The FAA decisionmaker will re-
lhorne on DSKJLZT7X2PROD with CFR

not precedent in any other civil pen-


view the record, the briefs on appeal,
and the oral argument, if any, when alty action.

76

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00086 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 13.235

§ 13.234 Petition to reconsider or mod- (e) Reply petitions. Any party replying
ify a final decision and order of the to a petition to reconsider or modify
FAA decisionmaker on appeal. must file the reply in accordance with
(a) General. Any party may petition § 13.210 no later than 10 days after serv-
the FAA decisionmaker to reconsider ice of the petition on that party, and
or modify a final decision and order must also serve a copy of the reply on
issued by the FAA decisionmaker on each party in accordance with § 13.211.
appeal from an initial decision. A party (f) Effect of filing petition. The filing
must file a petition to reconsider or of a timely petition under this section
modify in accordance with § 13.210 not will stay the effective date of the FAA
later than 30 days after service of the decisionmaker’s decision and order on
FAA decisionmaker’s final decision appeal until final disposition of the pe-
and order on appeal and must serve a tition by the FAA decisionmaker.
copy of the petition on each party in (g) FAA decisionmaker’s decision on pe-
accordance with § 13.211. A party is not tition. The FAA decisionmaker has dis-
required to serve any documents under cretion to grant or deny a petition to
this section on the administrative law reconsider. The FAA decisionmaker
judge. The FAA decisionmaker will not will grant or deny a petition to recon-
reconsider or modify an initial decision sider within a reasonable time after re-
and order issued by an administrative ceipt of the petition or receipt of the
law judge that has not been appealed
reply petition, if any. The FAA deci-
by any party to the FAA decision-
sionmaker may affirm, modify, or re-
maker.
verse the final decision and order on
(b) Number of copies. The parties must
appeal, or may remand the case for any
file the original plus one copy of the
proceedings that the FAA decision-
petition or the reply to the petition,
but only one copy if filing by email or maker determines may be necessary.
fax, as provided in § 13.210. § 13.235 Judicial review of a final deci-
(c) Contents. A party must state brief- sion and order.
ly and specifically the alleged errors in
the final decision and order on appeal, (a) In cases under the Federal avia-
the relief sought by the party, and the tion statute, a party may seek judicial
grounds that support the petition to re- review of a final decision and order of
consider or modify. the Administrator, as provided in 49
(1) If the petition is based, in whole U.S.C. 46110(a), and, as applicable, in 49
or in part, on allegations regarding the U.S.C. 46301(d)(7)(D)(iii), 46301(g), or
consequences of the FAA decision- 47532.
maker’s decision, the party must de- (b) In cases under the Federal haz-
scribe these allegations and must de- ardous materials transportation stat-
scribe, and support, the basis for the ute, a party may seek judicial review
allegations. of a final decision and order of the Ad-
(2) If the petition is based, in whole ministrator, as provided in 49 U.S.C.
or in part, on new material not pre- 5127.
viously raised in the proceedings, the (c) A party seeking judicial review of
party must set forth the new material a final order issued by the Adminis-
and include affidavits of prospective trator may file a petition for review in
witnesses and authenticated docu- the United States Court of Appeals for
ments that would be introduced in sup- the District of Columbia Circuit or in
port of the new material. The party the United States Court of Appeals for
must explain, in detail, why the new the circuit in which the party resides
material was not discovered through
or has its principal place of business.
due diligence prior to the hearing.
(d) The party must file the petition
(d) Repetitious and frivolous petitions.
for review no later than 60 days after
The FAA decisionmaker will not con-
sider repetitious or frivolous petitions. service of the Administrator’s final de-
The FAA decisionmaker may sum- cision and order.
lhorne on DSKJLZT7X2PROD with CFR

marily dismiss repetitious or frivolous


petitions to reconsider or modify.

77

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00087 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 13.236 14 CFR Ch. I (1–1–22 Edition)

§ 13.236 Alternative dispute resolution. § 13.301 Inflation adjustments of civil


Parties may use mediation to achieve monetary penalties.
resolution of issues in controversy ad- (a) This subpart provides the max-
dressed by this subpart. Parties seek- imum civil monetary penalties or
ing alternative dispute resolution serv- range of minimum and maximum civil
ices may engage the services of a mu- monetary penalties for each statutory
tually acceptable mediator. The medi- civil penalty subject to FAA jurisdic-
ator must not participate in the adju- tion, as adjusted for inflation.
dication under this subpart of any mat- (b) Each adjustment to a maximum
ter in which the mediator has provided
civil monetary penalty or to minimum
mediation services. Mediation discus-
and maximum civil monetary penalties
sions and submissions will remain con-
fidential consistent with the provisions that establish a civil monetary penalty
of the Administrative Dispute Resolu- range applies to actions initiated under
tion Act and other applicable Federal this part for violations occurring on or
laws. after May 3, 2021, notwithstanding ref-
erences to specific civil penalty
Subpart H—Civil Monetary Penalty amounts elsewhere in this part.
Inflation Adjustment (c) Minimum and maximum civil
monetary penalties are as follows:
SOURCE: Docket No. 28762, 61 FR 67445, Dec.
20, 1996, unless otherwise noted.
TABLE 1 TO § 13.301—MINIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN
VIOLATIONS
New min-
imum pen-
alty New maximum pen-
amount for alty amount for viola-
2020 violations tions
United States Code Civil monetary penalty de- minimum occurring 2020 maximum pen- occurring on or after
citation scription penalty on or after alty amount May 3, 2021,
amount May 3, adjusted for
2021, inflation
adjusted
for
inflation

49 U.S.C. 5123(a)(1) .... Violation of hazardous ma- N/A N/A $83,439 .................... $84,425.
terials transportation law.
49 U.S.C. 5123(a)(2) .... Violation of hazardous ma- N/A N/A $194,691 .................. $196,992.
terials transportation law
resulting in death, seri-
ous illness, severe in-
jury, or substantial prop-
erty destruction.
49 U.S.C. 5123(a)(3) .... Violation of hazardous ma- $502 $508 $83,439 .................... $84,425.
terials transportation law
relating to training.
49 U.S.C. 44704(d)(3) .. Knowing presentation of a N/A N/A $1,000,000 ............... No change.
nonconforming aircraft
for issuance of an initial
airworthiness certificate.
49 U.S.C. 44704(e)(4) .. Knowing failure to submit N/A N/A $1,000,000 ............... No change.
safety critical informa-
tion or include certain
such information in an
airplane flight manual or
flight crew operating
manual.
49 U.S.C. 44802 note ... Operation of an unmanned N/A N/A $25,441 .................... $25,742.
aircraft or unmanned
aircraft system equipped
or armed with a dan-
gerous weapon.
lhorne on DSKJLZT7X2PROD with CFR

78

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00088 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 13.301

TABLE 1 TO § 13.301—MINIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN
VIOLATIONS—Continued
New min-
imum pen-
alty New maximum pen-
amount for alty amount for viola-
2020 violations tions
United States Code Civil monetary penalty de- minimum occurring 2020 maximum pen- occurring on or after
citation scription penalty on or after alty amount May 3, 2021,
amount May 3, adjusted for
2021, inflation
adjusted
for
inflation

49 U.S.C. 46301(a)(1) .. Violation by a person N/A N/A $34,777 .................... $35,188.


other than an individual
or small business con-
cern under 49 U.S.C.
46301(a)(1)(A) or (B).
49 U.S.C. 46301(a)(1) .. Violation by an airman N/A N/A $1,530 ...................... $1,548.
serving as an airman
under 49 U.S.C.
46301(a)(1)(A) or (B)
(but not covered by
46301(a)(5)(A) or (B)).
49 U.S.C. 46301(a)(1) .. Violation by an individual N/A N/A $1,530 ...................... $1,548.
or small business con-
cern under 49 U.S.C.
46301(a)(1)(A) or (B)
(but not covered in 49
U.S.C. 46301(a)(5)).
49 U.S.C. 46301(a)(3) .. Violation of 49 U.S.C. N/A N/A Increase above oth- No change.
47107(b) (or any assur- erwise applicable
ance made under such maximum amount
section) or 49 U.S.C. not to exceed 3
47133. times the amount
of revenues that
are used in viola-
tion of such sec-
tion.
49 U.S.C. Violation by an individual N/A N/A $13,910 .................... $14,074.
46301(a)(5)(A). or small business con-
cern (except an airman
serving as an airman)
under 49 U.S.C.
46301(a)(5)(A)(i) or (ii).
49 U.S.C. Violation by an individual N/A N/A $13,910 .................... $14,074.
46301(a)(5)(B)(i). or small business con-
cern related to the
transportation of haz-
ardous materials.
49 U.S.C. Violation by an individual N/A N/A $13,910 .................... $14,074.
46301(a)(5)(B)(ii). or small business con-
cern related to the reg-
istration or recordation
under 49 U.S.C. chapter
441, of an aircraft not
used to provide air
transportation.
49 U.S.C. Violation by an individual N/A N/A $13,910 .................... $14,074.
46301(a)(5)(B)(iii). or small business con-
cern of 49 U.S.C.
44718(d), relating to lim-
itation on construction or
establishment of landfills.
49 U.S.C. Violation by an individual N/A N/A $13,910 .................... $14,074.
46301(a)(5)(B)(iv). or small business con-
cern of 49 U.S.C.
44725, relating to the
safe disposal of life-lim-
ited aircraft parts.
lhorne on DSKJLZT7X2PROD with CFR

79

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00089 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 13.401 14 CFR Ch. I (1–1–22 Edition)

TABLE 1 TO § 13.301—MINIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN
VIOLATIONS—Continued
New min-
imum pen-
alty New maximum pen-
amount for alty amount for viola-
2020 violations tions
United States Code Civil monetary penalty de- minimum occurring 2020 maximum pen- occurring on or after
citation scription penalty on or after alty amount May 3, 2021,
amount May 3, adjusted for
2021, inflation
adjusted
for
inflation

49 U.S.C. 46301 note ... Individual who aims the N/A N/A $26,614 .................... $26,929.
beam of a laser pointer
at an aircraft in the air-
space jurisdiction of the
United States, or at the
flight path of such an
aircraft.
49 U.S.C. 46301(b) ....... Tampering with a smoke N/A N/A $4,465 ...................... $4,518.
alarm device.
49 U.S.C. 46302 ........... Knowingly providing false N/A N/A $24,252 .................... $24,539.
information about al-
leged violation involving
the special aircraft juris-
diction of the United
States.
49 U.S.C. 46318 ........... Interference with cabin or N/A N/A $36,516 .................... $36,948.
flight crew.
49 U.S.C. 46319 ........... Permanent closure of an N/A N/A $13,910 .................... $14,074.
airport without providing
sufficient notice.
49 U.S.C. 46320 ........... Operating an unmanned N/A N/A $21,292 .................... $21,544.
aircraft and in so doing
knowingly or recklessly
interfering with a wildfire
suppression, law en-
forcement, or emer-
gency response effort.
49 U.S.C. 47531 ........... Violation of 49 U.S.C. N/A N/A See 49 U.S.C. See 49 U.S.C.
47528–47530, relating 46301(a)(1) and 46301(a)(1) and
to the prohibition of op- (a)(5), above. (a)(5), above.
erating certain aircraft
not complying with
stage 3 noise levels.

[84 FR 37068, July 31, 2019, as amended at 86 (1) Flight Operational Quality Assur-
FR 1753, Jan. 11, 2021; 86 FR 23249, May 3, ance (FOQA) program means an FAA-
2021] approved program for the routine col-
lection and analysis of digital flight
Subpart I—Flight Operational data gathered during aircraft oper-
Quality Assurance Programs ations, including data currently col-
lected pursuant to existing regulatory
§ 13.401 Flight Operational Quality As- provisions, when such data is included
surance Program: Prohibition in an approved FOQA program.
against use of data for enforcement
(2) FOQA data means any digital
purposes.
flight data that has been collected
(a) Applicability. This section applies from an individual aircraft pursuant to
to any operator of an aircraft who op- an FAA-approved FOQA program, re-
erates such aircraft under an approved gardless of the electronic format of
Flight Operational Quality Assurance that data.
(FOQA) program. (3) Aggregate FOQA data means the
(b) Definitions. For the purpose of this
lhorne on DSKJLZT7X2PROD with CFR

summary statistical indices that are


section, the terms—

80

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00090 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 14.01

associated with FOQA event cat- (3) Willful misconduct or willful vio-
egories, based on an analysis of FOQA lation of the FAA regulations in this
data from multiple aircraft operations. chapter.
(c) Requirements. In order for para- [Doc. No. FAA–2000–7554, 66 FR 55048, Oct. 31,
graph (e) of this section to apply, the 2001; Amdt. 13–30, 67 FR 31401, May 9, 2002]
operator must submit, maintain, and
adhere to a FOQA Implementation and
Operation Plan that is approved by the
PART 14—RULES IMPLEMENTING
Administrator and which contains the THE EQUAL ACCESS TO JUSTICE
following elements: ACT OF 1980
(1) A description of the operator’s
plan for collecting and analyzing flight Subpart A—General Provisions
recorded data from line operations on a Sec.
routine basis, including identification 14.01 Purpose of these rules.
of the data to be collected; 14.02 Proceedings covered.
(2) Procedures for taking corrective 14.03 Eligibility of applicants.
action that analysis of the data indi- 14.04 Standards for awards.
14.05 Allowance fees and expenses.
cates is necessary in the interest of
safety; Subpart B—Information Required From
(3) Procedures for providing the FAA Applicants
with aggregate FOQA data;
(4) Procedures for informing the FAA 14.10 Contents of application.
as to any corrective action being un- 14.11 Net worth exhibit.
14.12 Documentation of fees and expenses.
dertaken pursuant to paragraph (c)(2)
of this section. Subpart C—Procedures for Considering
(d) Submission of aggregate data. The Applications
operator will provide the FAA with ag-
gregate FOQA data in a form and man- 14.20 When an application may be filed.
ner acceptable to the Administrator. 14.21 Filing and service of documents.
14.22 Answer to application.
(e) Enforcement. Except for criminal 14.23 Reply.
or deliberate acts, the Administrator 14.24 Comments by other parties.
will not use an operator’s FOQA data 14.25 Settlement.
or aggregate FOQA data in an enforce- 14.26 Further proceedings.
ment action against that operator or 14.27 Decision.
its employees when such FOQA data or 14.28 Review by FAA decisionmaker.
aggregate FOQA data is obtained from 14.29 Judicial review.
14.30 Payment of award.
a FOQA program that is approved by
the Administrator. AUTHORITY: 5 U.S.C. 504; 49 U.S.C. 106(f),
(f) Disclosure. FOQA data and aggre- 40113, 46104 and 47122.
gate FOQA data, if submitted in ac- SOURCE: Docket No. 25958, 54 FR 46199, Nov.
cordance with an order designating the 1, 1989, unless otherwise noted.
information as protected under part 193
of this chapter, will be afforded the Subpart A—General Provisions
nondisclosure protections of part 193 of
this chapter. § 14.01 Purpose of these rules.
(g) Withdrawal of program approval. The Equal Access to Justice Act, 5
The Administrator may withdraw ap- U.S.C. 504 (the Act), provides for the
proval of a previously approved FOQA award of attorney fees and other ex-
program for failure to comply with the penses to eligible individuals and enti-
requirements of this chapter. Grounds ties who are parties to certain adminis-
for withdrawal of approval may in- trative proceedings (adversary adju-
clude, but are not limited to— dications) before the Federal Aviation
(1) Failure to implement corrective Administration (FAA). An eligible
action that analysis of available FOQA party may receive an award when it
data indicates is necessary in the inter- prevails over the FAA, unless the agen-
est of safety; or cy’s position in the proceeding was sub-
(2) Failure to correct a continuing stantially justified or special cir-
lhorne on DSKJLZT7X2PROD with CFR

pattern of violations following notice cumstances make an award unjust. The


by the agency; or also rules in this part describe the parties

81

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00091 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 14.02 14 CFR Ch. I (1–1–22 Edition)

eligible for awards and the proceedings (3) A charitable or other tax-exempt
that are covered. They also explain organization described in section
how to apply for awards, and the proce- 501(c)(3) of the Internal Revenue Code
dures and standards that the FAA De- (26 U.S.C. 501(c)(3)) with not more than
cisionmaker will use to make them. As 500 employees at the time the adver-
used hereinafter, the term ‘‘agency’’ sary adjudication was initiated; and
applies to the FAA. (4) A cooperative association as de-
fined in section 15(a) of the Agricul-
§ 14.02 Proceedings covered.
tural Marketing Act (12 U.S.C. 1141j(a))
(a) The Act applies to certain adver- with not more than 500 employees at
sary adjudications conducted by the the time the adversary adjudication
FAA under 49 CFR part 17 and the Ac- was initiated; and
quisition Management System (AMS). (5) Any other partnership, corpora-
These are adjudications under 5 U.S.C. tion, association, or public or private
554, in which the position of the FAA is organization with a net worth of not
represented by an attorney or other more than $7 million and not more
representative who enters an appear- than 500 employees at the time the ad-
ance and participates in the pro- versary adjudication was initiated.
ceeding. This subpart applies to pro-
(c) For the purpose of eligibility, the
ceedings under 49 U.S.C. 46301, 46302,
and 46303 and to the Default Adjudica- net worth and number of employees of
tive Process under part 17 of this chap- an applicant shall be determined as of
ter and the AMS. the date the proceeding was initiated.
(b) If a proceeding includes both mat- (d) An applicant who owns an unin-
ters covered by the Act and matters corporated business will be considered
specifically excluded from coverage, an ‘‘individual’’ rather than a ‘‘sole
any award made will include only fees owner of an unincorporated business’’
and expenses related to covered issues. if the issues on which the applicant
(c) Fees and other expenses may not prevails are related primarily to per-
be awarded to a party for any portion sonal interests rather than to business
of the adversary adjudication in which interest.
such party has unreasonably pro- (e) The employees of an applicant in-
tracted the proceedings. clude all persons who regularly per-
[54 FR 46199, Nov. 1, 1989, as amended by
form services for remuneration for the
Amdt. 14–03, 64 FR 32935, June 18, 1999] applicant, under the applicant’s direc-
tion and control. Part-time employees
§ 14.03 Eligibility of applicants. shall be included on a proportional
(a) To be eligible for an award of at- basis.
torney fees and other expenses under (f) The net worth and number of em-
the Act, the applicant must be a party ployees of the applicant and all of its
to the adversary adjudication for which affiliates shall be aggregated to deter-
it seeks an award. The term ‘‘party’’ is mine eligibility. Any individual, cor-
defined in 5 U.S.C. 504(b)(1)(B) and 5 poration, or other entity that directly
U.S.C. 551(3). The applicant must show or indirectly controls or owns a major-
that it meets all conditions or eligi- ity of the voting shares or other inter-
bility set out in this subpart. est of the applicant, or any corporation
(b) The types of eligible applicants or other entity of which the applicant
are as follows: directly or indirectly owns or controls
(1) An individual with a net worth of a majority of the voting shares or
not more than $2 million at the time other interest, will be considered an af-
the adversary adjudication was initi- filiate for purposes of this part, unless
ated; the ALJ or adjudicative officer deter-
(2) The sole owner of an unincor- mines that such treatment would be
porated business who has a net worth unjust and contrary to the purposes of
of not more than $7 million, including the Act in light of the actual relation-
both personal and business interests, ship between the affiliated entities. In
and not more than 500 employees at the addition, the ALJ or adjudicative offi-
lhorne on DSKJLZT7X2PROD with CFR

time the adversary adjudication was cer may determine that financial rela-
initiated; tionships of the applicant, other than

82

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00092 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 14.10

those described in this paragraph, con- charges clients separately for such ex-
stitute special circumstances that penses.
would make an award unjust. (c) In determining the reasonableness
(g) An applicant that participates in of the fee sought for an attorney,
a proceeding primarily on behalf of one agent, or expert witness, the ALJ or
or more other persons or entities that adjudicative officer shall consider the
would be ineligible if not itself eligible following:
for an award. (1) If the attorney, agent, or witness
[54 FR 46199, Nov. 1, 1989, as amended by is in private practice, his or her cus-
Amdt. 14–03, 64 FR 32935, June 18, 1999] tomary fee for similar services, or if an
employee of the applicant, the fully al-
§ 14.04 Standards for awards. located cost of the services;
(a) A prevailing applicant may re- (2) The prevailing rate for similar
ceive an award for attorney fees and services in the community in which the
other expenses incurred in connection attorney, agent, or witness ordinarily
with a proceeding, or in a significant performs services;
and discrete substantive portion of the (3) The time actually spent in the
proceeding, unless the position of the representation of the applicant;
agency over which the applicant has (4) The time reasonably spent in light
prevailed was substantially justified. of the difficulty or complexity of the
Whether or not the position of the FAA issues in the proceeding; and
was substantially justified shall be de- (5) Such other factors as may bear on
termined on the basis of the record (in- the value of the services provided.
cluding the record with respect to the (d) The reasonable cost of any study,
action or failure to act by the agency analysis, engineering report, test,
upon which the civil action is based) project, or similar matter prepared on
which was made in the civil action for behalf of a party may be awarded, to
which fees and other expenses are the extent that the charge for the serv-
sought. The burden of proof that an ice does not exceed the prevailing rate
award should not be made to an eligi- for similar services, and the study or
ble prevailing applicant is on the agen- other matter was necessary for prepa-
cy counsel, who may avoid an award by ration of the applicant’s case.
showing that the agency’s position was (e) Fees may be awarded only for
reasonable in law and fact. work performed after the issuance of a
(b) An award will be reduced or de- complaint, or in the Default Adjudica-
nied if the applicant has unduly or un- tive Process for a protest or contract
reasonably protracted the proceeding dispute under part 17 of this chapter
or if special circumstances make the and the AMS.
award sought unjust.
[Amdt. 13–18, 53 FR 34655, Sept. 7, 1988, as
§ 14.05 Allowance fees and expenses. amended by Amdt. 14–1, 55 FR 15131, Apr. 20,
1990; Amdt. 14–03, 64 FR 32935, June 18, 1999]
(a) Awards will be based on rates cus-
tomarily charged by persons engaged
in the business of acting as attorneys, Subpart B—Information Required
agents, and expert witnesses, even if From Applicants
the services were made available with-
out charge or at a reduced rate to the § 14.10 Contents of application.
applicant. (a) An application for an award of
(b) No award for the fee of an attor- fees and expenses under the Act shall
ney or agent under this part may ex- identify the applicant and the pro-
ceed $125 per hour, or such rate as pre- ceeding for which an award is sought.
scribed by 5 U.S.C. 504. No award to The application shall show that the ap-
compensate an expert witness may ex- plicant has prevailed and identify the
ceed the highest rate at which the position of the agency in the pro-
agency pays expert witnesses. However, ceeding that the applicant alleges was
an award may also include the reason- not substantially justified. Unless the
able expenses of the attorney, agent, or applicant is an individual, the applica-
lhorne on DSKJLZT7X2PROD with CFR

witness as a separate item, if the attor- tion shall also state the number of em-
ney, agent, or witness ordinarily ployees of the applicant and describe

83

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00093 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 14.11 14 CFR Ch. I (1–1–22 Edition)

briefly the type and purpose of its or- tiated. If any individual, corporation,
ganization or business. or other entity directly or indirectly
(b) The application shall also include controls or owns a majority of the vot-
a statement that the applicant’s net ing shares or other interest of the ap-
worth does not exceed $2 million (if an plicant, or if the applicant directly or
individual) or $7 million (for all other indirectly owns or controls a majority
applicants, including their affiliates) of the voting shares or other interest of
at the time the adversary adjudication any corporation or other entity, the
was initiated. However, an applicant exhibit must include a showing of the
may omit this statement if: net worth of all such affiliates or of the
(1) It attaches a copy of a ruling by applicant including the affiliates. The
the Internal Revenue Service that it exhibit may be in any form convenient
qualifies as an organization described to the applicant that provides full dis-
in section 501(c)(3) of the Internal Rev- closure of the applicant’s and its affili-
enue Code (26 U.S.C. 501(c)(3)), or in the ates’ assets and liabilities and is suffi-
case of a tax-exempt organization not cient to determine whether the appli-
required to obtain a ruling from the In- cant qualifies under the standards in
ternal Revenue Service on its exempt this part. The administrative law judge
status, a statement that describes the may require an applicant to file addi-
basis for the applicant’s belief that it tional information to determine the
qualifies under such section; or eligibility for an award.
(2) It states that it is a cooperative (b) The net worth exhibit shall de-
association as defined in section 15(a) scribe any transfers of assets from, or
of the Agricultural Marketing Act (12 obligations incurred by, the applicant
U.S.C. 1141j(a)). or any affiliate, occurring in the one-
(c) The application shall state the year period prior to the date on which
amount of fees and expenses for which the proceeding was initiated, that re-
an award is sought. duced the net worth of the applicant
(d) The application may also include and its affiliates below the applicable
any other matters that the applicant net worth ceiling. If there were no such
wishes this agency to consider in deter- transactions, the applicant shall so
mining whether and in what amount an state.
award should be made. (c) Ordinarily, the net worth exhibit
(e) The application shall be signed by will be included in the public record of
the applicant or an authorized officer the proceeding. However, an applicant
or attorney for the applicant. It shall that objects to public disclosure of the
also contain or be accompanied by a net worth exhibit, or any part of it,
written verification under oath or may submit that portion of the exhibit
under penalty of perjury that the infor- directly to the ALJ or adjudicative of-
mation provided in the application is ficer in a sealed envelope labeled
true and correct. ‘‘Confidential Financial Information,’’
(f) If the applicant is a partnership, accompanied by a motion to withhold
corporation, association, organization, the information.
or sole owner of an unincorporated (1) The motion shall describe the in-
business, the application shall state formation sought to be withheld and
that the applicant did not have more explain, in detail, why it should be ex-
than 500 employees at the time the ad- empt under applicable law or regula-
versary adjudication was initiated, giv- tion, why public disclosure would ad-
ing the number of its employees and versely affect the applicant, and why
describing briefly the type and purpose disclosure is not required in the public
of its organization or business. interest.
(2) The net worth exhibit shall be
§ 14.11 Net worth exhibit. served on the FAA counsel, but need
(a) Each applicant except a qualified not be served on any other party to the
tax-exempt organization or cooperative proceeding.
association must provide with its ap- (3) If the ALJ or adjudicative officer
plication a detailed exhibit showing finds that the net worth exhibit, or any
lhorne on DSKJLZT7X2PROD with CFR

the net worth of the applicant and any part of it, should not be withheld from
affiliates when the proceeding was ini- disclosure, it shall be placed in the

84

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00094 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 14.22

public record of the proceeding. Other- (2) The date on which an unappealed
wise, any request to inspect or copy initial decision becomes administra-
the exhibit shall be disposed of in ac- tively final;
cordance with the FAA’s established (3) Issuance of an order disposing of
procedures. any petitions for reconsideration of the
[54 FR 46199, Nov. 1, 1989, as amended by
FAA Decisionmaker’s final order in the
Amdt. 14–03, 64 FR 32935, June 18, 1999] proceeding;
(4) If no petition for reconsideration
§ 14.12 Documentation of fees and ex- is filed, the last date on which such a
penses. petition could have been filed; or
The application shall be accompanied (5) Issuance of a final order or any
by full documentation of the fees and other final resolution of a proceeding,
expenses, including the cost of any such as a settlement or voluntary dis-
study, analysis, engineering report, missal, which is not subject to a peti-
test, project or similar matter, for tion for reconsideration.
which an award is sought. A separate [54 FR 46199, Nov. 1, 1989, as amended by
itemized statement shall be submitted Amdt. 14–03, 64 FR 32936, June 18, 1999]
for each professional firm or individual
whose services are covered by the ap- § 14.21 Filing and service of docu-
plication, showing the hours spent in ments.
connection with the proceedings by
Any application for an award or
each individual, a description of the
other pleading or document related to
specific services performed, the rate at
an application shall be filed and served
which each fee has been computed, any
on all parties to the proceeding in the
expenses for which reimbursement is
sought, the total amount claimed, and same manner as other pleadings in the
the total amount paid or payable by proceeding, except as provided in
the applicant or by any other person or § 14.11(b) for confidential financial in-
entity for the services provided. The formation. Where the proceeding was
administrative law judge may require held under part 17 of this chapter and
the applicant to provide vouchers, re- the AMS, the application shall be filed
ceipts, or other substantiation for any with the FAA’s attorney and with the
expenses claimed. Office of Dispute Resolution for Acqui-
sition.
Subpart C—Procedures for [Doc. No. FAA–1998–4379, 64 FR 32936, June 18,
Considering Applications 1999]

§ 14.20 When an application may be § 14.22 Answer to application.


filed. (a) Within 30 days after service of an
(a) An application may be filed when- application, counsel representing the
ever the applicant has prevailed in the agency against which an award is
proceeding, but in no case later than 30 sought may file an answer to the appli-
days after the FAA Decisionmaker’s cation. Unless agency counsel requests
final disposition of the proceeding, or an extension of time for filing or files
service of the order of the Adminis- a statement of intent to negotiate
trator in a proceeding under the AMS. under paragraph (b) of the section, fail-
(b) If review or reconsideration is ure to file an answer within the 30-day
sought or taken of a decision to which period may be treated as a consent to
an applicant believes it has prevailed, the award requested.
proceedings for the award of fees shall (b) If the FAA’s counsel and the ap-
be stayed pending final disposition of plicant believe that the issues in the
the underlying controversy. fee application can be settled, they
(c) For purposes of this part, final may jointly file a statement of their
disposition means the later of: intent to negotiate a settlement. The
(1) Under part 17 of this chapter and filing of this statement shall extend
lhorne on DSKJLZT7X2PROD with CFR

the AMS, the date on which the order the time for filing an answer for an ad-
of the Administrator is served; ditional 30 days, and further extensions

85

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00095 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 14.23 14 CFR Ch. I (1–1–22 Edition)

may be granted by the ALJ or adju- § 14.26 Further proceedings.


dicative officer upon request by the (a) Ordinarily the determination of
FAA’s counsel and the applicant. an award will be made on the basis of
(c) The answer shall explain in detail the written record; however, on request
any objections to the award requested of either the applicant or agency coun-
and identify the facts relied on in sup- sel, or on his or her own initiative, the
port of agency counsel’s position. If the ALJ or adjudicative officer assigned to
answer is based on any alleged facts the matter may order further pro-
not already in the record of the pro- ceedings, such as an informal con-
ceeding, agency counsel shall include ference, oral argument, additional
with the answer either supporting affi- written submissions, or an evidentiary
davits or a request for further pro- hearing. Such further proceedings shall
ceedings under § 14.26. be held only when necessary for full
and fair resolution of the issues arising
[54 FR 46199, Nov. 1, 1989, as amended by from the application and shall be con-
Amdt. 14–03, 64 FR 32936, June 18, 1999] ducted as promptly as possible.
(b) A request that the administrative
§ 14.23 Reply. law judge order further proceedings
Within 15 days after service of an an- under this section shall specifically
swer, the applicant may file a reply. If identify the information sought or the
the reply is based on any alleged facts disputed issues and shall explain why
not already in the record of the pro- the additional proceedings are nec-
ceeding, the applicant shall include essary to resolve the issues.
with the reply either supporting affida- [54 FR 46199, Nov. 1, 1989, as amended by
vits or a request for further pro- Amdt. 14–03, 64 FR 32936, June 18, 1999]
ceedings under § 14.26.
§ 14.27 Decision.
§ 14.24 Comments by other parties. (a) The ALJ shall issue an initial de-
Any party to a proceeding other than cision on the application within 60 days
the applicant and the FAA’s counsel after completion of proceedings on the
may file comments on an application application.
within 30 days after it is served, or on (b) An adjudicative officer in a pro-
ceeding under part 17 of this chapter
an answer within 15 days after it is
and the AMS shall prepare a findings
served. A commenting party may not
and recommendations for the Office of
participate further in proceedings on Dispute Resolution for Acquisition.
the application unless the ALJ or adju- (c) A decision under paragraph (a) or
dicative officer determines that the (b) of this section shall include written
public interest requires such participa- findings and conclusions on the appli-
tion in order to permit full exploration cant’s eligibility and status as pre-
of matters raised in the comments. vailing party and an explanation of the
[Doc. No. FAA–1998–4379, 64 FR 32936, June 18, reasons for any difference between the
1999] amount requested and the amount
awarded. The decision shall also in-
§ 14.25 Settlement. clude, if at issue, findings on whether
the FAA’s position was substantially
The applicant and agency counsel justified, or whether special cir-
may agree on a proposed settlement of cumstances make an award unjust.
the award before final action on the ap-
plication, either in connection with a [Doc. No. FAA–1998–4379, 64 FR 32936, June 18,
1999]
settlement of the underlying pro-
ceeding, or after the underlying pro- § 14.28 Review by FAA decisionmaker.
ceeding has been concluded. If a pre-
(a) In proceedings other than those
vailing party and agency counsel agree
under part 17 of this chapter and the
on a proposed settlement of an award
AMS, either the applicant or the FAA
before an application has been filed, counsel may seek review of the initial
lhorne on DSKJLZT7X2PROD with CFR

the application shall be filed with the decision on the fee application in ac-
proposed settlement. cordance with subpart G of part 13 of

86

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00096 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 15.1

this chapter, specifically § 13.233. Addi- § 14.30 Payment of award.


tionally, the FAA Decisionmaker may An applicant seeking payment of an
decide to review the decision on his/her award shall submit to the disbursing
own initiative. If neither the applicant official of the FAA a copy of the FAA
nor the FAA’s counsel seeks review Decisionmaker’s final decision grant-
within 30 days after the decision is ing the award, accompanied by a state-
issued, it shall become final. Whether ment that the applicant will not seek
to review a decision is a matter within review of the decision in the United
the discretion of the FAA Decision- States courts. Applications for award
maker. If review is taken, the FAA De- grants in cases involving the FAA shall
cisionmaker will issue a final decision be sent to: The Office of Accounting
on the application or remand the appli- and Audit, AAA–1, Federal Aviation
cation to the ALJ who issue the initial Administration, 800 Independence Ave-
fee award determination for further nue, SW., Washington, DC 20591. The
proceedings. agency will pay the amount awarded to
the applicant within 60 days, unless ju-
(b) In proceedings under part 17 of
dicial review of the award or of the un-
this chapter and the AMS, the adju-
derlying decision of the adversary ad-
dicative officer shall prepare findings
judication has been sought by the ap-
and recommendations for the Office of plicant or any other party to the pro-
Dispute Resolution for Acquisition ceeding.
with recommendations as to whether
or not an award should be made, the
PART 15—ADMINISTRATIVE CLAIMS
amount of the award, and the reasons
therefor. The Office of Dispute Resolu-
UNDER FEDERAL TORT CLAIMS ACT
tion for Acquisition shall submit a rec- Subpart A—General Procedures
ommended order to the Administrator
after the completion of all submissions Sec.
related to the EAJA application. Upon 15.1 Scope of regulations.
15.3 Administrative claim, when presented;
the Administrator’s action, the order appropriate office.
shall become final, and may be re- 15.5 Administrative claim, who may file.
viewed under 49 U.S.C. 46110. 15.7 Administrative claims; evidence and in-
formation to be submitted.
[Doc. No. FAA–1998–4379, 64 FR 32936, June 18, 15.9 Investigation and examination.
1999, as amended at 70 FR 8238, Feb. 18, 2005]
Subpart B—Indemnification Under Section
§ 14.29 Judicial review. 1118 of the Federal Aviation Act of 1958
If an applicant is dissatisfied with 15.101 Applicability.
the determination of fees and other ex- 15.103 Exclusions.
penses made under this subsection, 15.105 Filing of requests for indemnifica-
pursuant 5 U.S.C. 504(c)(2), that appli- tion.
cant may, within thirty (30) days after 15.107 Notification requirements.
15.109 Settlements.
the determination is made, appeal the 15.111 Conduct of litigation.
determination to the court of the 15.113 Indemnification agreements.
United States having jurisdiction to re- 15.115 Payment.
view the merits of the underlying deci- AUTHORITY: 5 U.S.C. 301; 28 U.S.C. 2672, 2675;
sion of the FAA adversary adjudica- 49 U.S.C. 106(g), 40113, 44721.
tion. The court’s determination on any
appeal heard under this paragraph Subpart A—General Procedures
shall be based solely on the factual
record made before the FAA. The court SOURCE: Docket No. 25264, 52 FR 18171, May
may modify the determination of fees 13, 1987, unless otherwise noted.
and other expenses only if the court
finds that the failure to make an award § 15.1 Scope of regulations.
of fees and other expenses, or the cal- (a) These regulations apply to claims
culation of the amount of the award, asserted under the Federal Tort Claims
lhorne on DSKJLZT7X2PROD with CFR

was unsupported by substantial evi- Act, as amended, for money damages


dence. against the United States for injury to,

87

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00097 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 15.3 14 CFR Ch. I (1–1–22 Edition)

or loss of property, or for personal in- as a final denial. Each amendment to a


jury or death, caused by the negligent claim shall be submitted in writing and
or wrongful act or omission of an em- signed by the claimant or the claim-
ployee of the FAA acting within the ant’s duly authorized agent or legal
scope of office or employment. The reg- representative. Upon the timely filing
ulations in this part supplement the of an amendment to a pending claim,
Attorney General’s regulations in 28 the FAA has 6 months thereafter in
CFR part 14, as amended. The regula- which to make a final disposition of
tions in 28 CFR part 14, as amended, the claim as amended, and the claim-
and the regulations in this part apply ant’s option under 28 U.S.C. 2675(a) does
to consideration by the FAA of admin- not accrue until 6 months after the fil-
istrative claims under the Federal Tort ing of the amendment.
Claims Act.
[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as
§ 15.3 Administrative claim, when pre- amended by Amdt. 15–1, 54 FR 39290, Sept. 25,
sented; appropriate office. 1989; Amdt. 15–4, 62 FR 46866, Sept. 4, 1997]
(a) A claim is deemed to have been
§ 15.5 Administrative claim, who may
presented when the FAA receives, at a
file.
place designated in paragraph (b) of
this section, an executed Standard (a) A claim for injury to, or loss of,
Form 95 or other written notification property may be presented by the
of an incident, accompanied by a claim owner of the property interest which is
for money damages in a sum certain the subject of the claim or by the own-
for injury to, or loss of, property or for er’s duly authorized agent or legal rep-
personal injury or death, alleged to resentative.
have occurred by reason of the inci- (b) A claim for personal injury may
dent. A claim which should have been be presented by the injured person or
presented to the FAA but which was that person’s duly authorized agent or
mistakenly filed with another Federal legal representative.
agency, is deemed presented to the (c) A claim based on death may be
FAA on the date the claim is received presented by the executor or adminis-
by the FAA at a place designated in trator of the decedent’s estate or by
paragraph (b) of this section. A claim any other person legally entitled to as-
addressed to, or filed with, the FAA by sert such a claim under applicable
mistake will be transferred to the ap- State law.
propriate Federal agency, if that agen- (d) A claim for loss wholly com-
cy can be determined, or returned to
pensated by an insurer with the rights
the claimant.
of a subrogee may be presented by the
(b) Claims shall be delivered or
insurer. A claim for loss partially com-
mailed to the Assistant Chief Counsel,
pensated by an insurer with the rights
Litigation Division, AGC–400, Federal
of a subrogee may be presented by the
Aviation Administration, 800 Independ-
ence Avenue, SW., Washington, DC insurer or the insured individually, as
20591, or alternatively, may be mailed their respective interest appear, or
or delivered to the Regional Counsel in jointly. Whenever an insurer presents a
any of the FAA Regional Offices or the claim asserting the rights of a
Assistant Chief Counsel, Europe, Afri- subrogee, it shall present with its
ca, and Middle East Area Office. claim appropriate evidence that it has
(c) Claim forms are available at each the rights of a subrogee.
location listed in paragraph (b) of this (e) A claim presented by an agent or
section. legal representative shall be presented
(d) A claim presented in accordance in the name of the claimant, be signed
with this section may be amended by by the agent or legal representative,
the claimant at any time prior to final show the title or legal capacity of the
FAA action or prior to the exercise of person signing, and be accompanied by
the claimant’s option, under 28 U.S.C. evidence of authority to present a
2675(a), to deem the agency’s failure to claim on behalf of the claimant as
lhorne on DSKJLZT7X2PROD with CFR

make a final disposition of his or her agent, executor, administrator, parent,


claim within 6 months after it was filed guardian, or other representative.

88

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00098 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 15.7

§ 15.7 Administrative claims; evidence claimant may be required to submit to


and information to be submitted. a physical or mental examination by a
(a) Death. In support of a claim based physician employed by the FAA or an-
on death, the claimant may be required other Federal agency. A copy of the re-
to submit the following evidence or in- port of the examining physician is
formation: made available to the claimant upon
(1) An authenticated death certifi- the claimant’s written request if the
cate or other competent evidence show- claimant has, upon request, furnished
ing cause of death, date of death, and the report required by paragraph (b)(1),
age of the decedent. and has made or agrees to make avail-
(2) The decedent’s employment or oc- able to the FAA any other physician’s
cupation at time of death, including reports previously or thereafter made
monthly or yearly salary or earnings on the physical or mental condition
(if any), and the duration of last em- which is the subject matter of the
ployment or occupation. claim.
(3) Full names, addresses, birth dates, (3) Itemized bills for medical, dental,
kinship, and marital status of the dece- and hospital expenses incurred or
dent’s survivors, including identifica- itemized receipts of payment for such
tion of those survivors who were de- expenses.
pendent for support upon the decedent (4) If the prognosis reveals the neces-
at the time of death. sity for future treatment, a statement
(4) Degree of support afforded by the of expected expenses for such treat-
decedent to each survivor dependent ment.
upon decedent for support at the time (5) If a claim is made for loss of time
of death. from employment, a written statement
(5) Decedent’s general, physical, and from the claimant’s employer showing
mental conditions before death. actual time lost from employment,
(6) Itemized bills for medical and bur- whether the claimant is a full or part-
ial expenses incurred by reason of the time employee, and wages or salary ac-
incident causing death or itemized re- tually lost.
ceipts of payment for such expenses. (6) If a claim is made for loss of in-
(7) If damages for pain and suffering come and the claimant is self-em-
prior to death are claimed, a physi- ployed, documentary evidence showing
cian’s detailed statement specifying the amount of earnings actually lost.
the injuries suffered, duration of pain (7) Any other evidence or information
and suffering, any drugs administered which may have a bearing on the re-
for pain, and the decedent’s physical sponsibility of the United States for
condition in the interval between in- the personal injury or the damages
jury and death. claimed.
(8) Any other evidence or information (c) Property damage. In support of a
which may have a bearing on either the claim for injury to or loss of property,
responsibility of the United States for real or personal, the claimant may be
the death or the amount of damages required to submit the following evi-
claimed. dence or information:
(b) Personal injury. In support of a (1) Proof of ownership of the property
claim for personal injury, including interest which is the subject of the
pain and suffering, the claimant may claim.
be required to submit the following (2) A detailed statement of the
evidence or information: amount claimed with respect to each
(1) A written report by the attending item of property.
physician or dentist setting forth the (3) An itemized receipt of payment
nature and extent of the injuries, na- for necessary repairs or itemized writ-
ture and extent of treatment, any de- ten estimates of the cost of such re-
gree of temporary or permanent dis- pairs.
ability, the prognosis, period of hos- (4) A statement listing date of pur-
pitalization, and any diminished earn- chase, purchase price, and salvage
ing capacity. value, where repair is not economical.
lhorne on DSKJLZT7X2PROD with CFR

(2) In addition to the report required (5) Any other evidence or information
by paragraph (b)(1) of this section, the which may have a bearing on either the

89

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00099 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 15.9 14 CFR Ch. I (1–1–22 Edition)

responsibility of the United States for (3) Was not accurately displayed on a
the injury to or loss of property or the visual display in the cockpit, or
damages claimed. (4) Was obviously defective or defi-
cient;
§ 15.9 Investigation and examination. (e) The publisher does not give notice
The FAA may investigate a claim or as required by § 15.107 of this part and
conduct a physical examination of a that failure is prejudicial to the Gov-
claimant. The FAA may request any ernment; or
other Federal agency to investigate a (f) The publisher does not appeal a
claim or conduct a physical examina- lower court’s decision pursuant to a re-
tion of a claimant and provide a report quest by the Administrator under
of the investigation or examination to § 15.111(d)(2) of this part.
the FAA.
§ 15.105 Filing of requests for indem-
Subpart B—Indemnification Under nification.
Section 1118 of the Federal A request for indemnification under
Aviation Act of 1958 this part—
(a) May be filed by—
SOURCE: Amdt. 15–2, 55 FR 18710, May 3, (1) A publisher described in § 15.101 of
1990, unless otherwise noted. this part; or
(2) The publisher’s duly authorized
§ 15.101 Applicability.
agent or legal representative;
This subpart prescribes procedural (b) Shall be filed with the Chief
requirements for the indemnification Counsel, Federal Aviation Administra-
of a publisher of aeronautical charts or tion, 800 Independence Avenue SW.,
maps under section 1118 of the Federal Washington, DC 20591; and
Aviation Act of 1958, as amended, when (c) Shall state the basis for the pub-
the publisher incurs liability as a re- lisher’s assertion that indemnification
sult of publishing— under this part is required.
(a) A chart or map accurately depict-
ing a defective or deficient flight pro- § 15.107 Notification requirements.
cedure or airway that was promulgated
by the FAA; or A request for indemnification will
(b) Aeronautical data that— not be considered by the FAA unless
(1) Is visually displayed in the cock- the following conditions are met:
pit of an aircraft; and (a) The publisher must notify the
(2) When visually displayed, accu- Chief Counsel of the FAA, within the
rately depicts a defective or deficient time limits prescribed in paragraph (b)
flight procedure or airway promulgated or (c) of this section, of the publisher’s
by the FAA. first receipt of a demand for payment,
or service of a complaint in any pro-
§ 15.103 Exclusions. ceeding, federal or state, in which it
A publisher that requests indem- appears that indemnification under
nification under this part will not be this part may be required.
indemnified if— (b) For each complaint filed, or de-
(a) The complaint filed against the mand for payment made, on or after
publisher, or demand for payment December 19, 1985, and before June 4,
against the publisher, first occurred be- 1990, the notice required by paragraph
fore December 19, 1985; (a) of this section must be received by
(b) The publisher does not negotiate the FAA on or before July 2, 1990.
a good faith settlement; (c) For each complaint filed, or de-
(c) The publisher does not conduct a mand for payment made, on or after
good faith defense; June 4, 1990, the notice required by
(d) The defective or deficient flight paragraph (a) of this section must be
procedure or airway— received by the FAA within 60 days
(1) Was not promulgated by the FAA; after the day the publisher first re-
lhorne on DSKJLZT7X2PROD with CFR

(2) Was not accurately depicted on ceives the demand for payment or serv-
the publisher’s chart or map; ice of the complaint.

90

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00100 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 15.113

(d) Within 5 days after the day a (2) If requested by the United
judgment is rendered against the pub- States—
lisher in any proceeding, or within 30 (i) Implead the United States as a
days of the denial of an appeal, which- third-party defendant in the action;
ever is later, the publisher must notify and
the FAA Chief Counsel that— (ii) Arrange for the removal of the
(1) There is an adverse judgment action to Federal Court;
against the publisher; and (3) Promptly provide any additional
(2) The publisher has a claim for in- information requested by the United
demnification against the FAA arising States; and
out of that judgment. (4) Cooperate with the United States
in the defense of the lawsuit.
§ 15.109 Settlements.
(b) If the lawsuit filed against the
(a) A publisher may not settle a publisher results in a proposed settle-
claim with another party, for which ment, the publisher shall submit that
the publisher has sought, or intends to proposed settlement to the FAA for ap-
seek, indemnification under this part, proval in accordance with § 15.109 of
unless— this part.
(1) The publisher submits a copy of (c) If the lawsuit filed against the
the proposed settlement, and a state- publisher results in a judgment against
ment justifying the settlement, to the the publisher and the publisher has
Chief Counsel of the FAA; and sought, or intends to seek, indem-
(2) The Administrator and where nec- nification under this part as a result of
essary, the appropriate official of the the adverse judgment, the publisher
Department of Justice, approves the shall—
proposed settlement.
(1) Give notice to the FAA as re-
(3) The publisher submits a signed re-
quired by § 15.107(d) of this part;
lease that clearly releases the United
(2) Submit a copy of the trial court’s
States from any further liability to the
decision to the FAA Chief Counsel not
publisher and the claimant.
more than 5 business days after the ad-
(b) If the Administrator does not ap-
verse judgment is rendered; and
prove the proposed settlement, the Ad-
ministrator will— (3) If an appeal is taken from the ad-
(1) So notify the publisher by reg- verse judgment, submit a copy of the
istered mail within 60 days of receipt of appellate decision to the FAA Chief
the proposed settlement; and Counsel not more than 30 days after
(2) Explain why the request for in- that decision is rendered.
demnification was not approved. (d) Within 60 days after receipt of the
(c) If the Administrator approves the trial court’s decision, the Adminis-
proposed settlement, the Adminis- trator by registered mail will—
trator will so notify the publisher by (1) Notify the publisher that indem-
registered mail within 60 days after the nification is required under this part;
FAA’s receipt of the proposed settle- (2) Request that the publisher appeal
ment. the trial court’s adverse decision; or
(d) If the Administrator does not (3) Notify the publisher that it is not
have sufficient information to approve entitled to indemnification under this
or disapprove the proposed settlement, part and briefly state the basis for the
the Administrator will request, within denial.
60 days after receipt of the proposed
settlement, the additional information § 15.113 Indemnification agreements.
needed to make a determination. (a) Upon a finding of the Adminis-
trator that indemnification is required
§ 15.111 Conduct of litigation. under this part, and after obtaining the
(a) If a lawsuit is filed against the concurrence of the United States De-
publisher and the publisher has sought, partment of Justice, the FAA will
or intends to seek, indemnification promptly enter into an indemnification
under this part, the publisher shall— agreement providing for the payment
lhorne on DSKJLZT7X2PROD with CFR

(1) Give notice as required by § 15.107 of the costs specified in paragraph (c)
of this part; of this section.

91

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00101 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 15.115 14 CFR Ch. I (1–1–22 Edition)

(b) The indemnification agreement 16.19 Motions.


will be signed by the Chief Counsel and
the publisher. Subpart C—Special Rules Applicable to
(c) The FAA will indemnify the pub- Complaints
lisher for— 16.21 Pre-complaint resolution.
(1) Compensatory damages awarded 16.23 Pleadings.
by the court against the publisher; 16.25 Dismissals.
(2) Reasonable costs and fees, includ- 16.26 Motions to dismiss and motions for
ing reasonable attorney fees at a rate summary judgment.
not to exceed that permitted under the 16.27 Incomplete complaints.
Equal Access to Justice Act (5 U.S.C. 16.29 Investigations.
504), and any postjudgment interest, if 16.31 Director’s determinations after inves-
tigations.
the publisher conducts a good faith de-
16.33 Final decisions without hearing.
fense, or pursues a good faith appeal, at 16.34 Consent orders.
the request, or with the concurrence, of
the FAA. Subpart D—Special Rules Applicable to
(d) Except as otherwise provided in Proceedings Initiated by the FAA
this section, the FAA will not indem-
nify the publisher for— 16.101 Basis for the initiation of agency ac-
(1) Punitive or exemplary damages; tion.
(2) Civil or criminal fines or any 16.103 Notice of investigation.
16.105 Failure to resolve informally.
other litigation sanctions;
(3) Postjudgment interest; Subpart E—Proposed Orders of
(4) Costs; Compliance
(5) Attorney fees; or
(6) Other incidental expenses. 16.109 Orders terminating eligibility for
(e) The indemnification agreement grants, cease and desist orders, and other
must provide that the Government will compliance orders.
be subrogated to all claims or rights of
the publisher, including third-party Subpart F—Hearings
claims, cross-claims, and counter- 16.201 Notice and order of hearing.
claims. 16.202 Powers of a hearing officer.
16.203 Appearances, parties, and rights of
§ 15.115 Payment. parties.
After execution of the indemnifica- 16.207 Intervention and other participation.
16.209 Extension of time.
tion agreement, the FAA will submit
16.211 Prehearing conference.
the agreement to the United States De- 16.213 Discovery.
partment of Justice and request pay- 16.215 Depositions.
ment, in accordance with the agree- 16.217 Witnesses.
ment, from the Judgment Fund. 16.219 Subpoenas.
16.221 Witness fees.
PART 16—RULES OF PRACTICE FOR 16.223 Evidence.
16.225 Public disclosure of evidence.
FEDERALLY-ASSISTED AIRPORT 16.227 Standard of proof.
ENFORCEMENT PROCEEDINGS 16.229 Burden of proof.
16.231 Offer of proof.
Subpart A—General Provisions 16.233 Record.
16.235 Argument before the hearing officer.
Sec. 16.237 Waiver of procedures.
16.1 Applicability and description of part. 16.241 Initial decisions, orders, and appeals.
16.3 Definitions. 16.243 Consent orders.
16.5 Separation of functions. 16.245 Associate Administrator review after
a hearing.
Subpart B—General Rules Applicable to
Complaints, Proceedings Initiated by Subpart G—Judicial Review
the FAA, and Appeals
16.247 Judicial review of a final decision and
16.11 General processes. order.
16.13 Filing of documents.
lhorne on DSKJLZT7X2PROD with CFR

16.15 Service of documents on the parties Subpart H—Ex Parte Communications


and the agency.
16.17 Computation of time. 16.301 Prohibited ex parte communications.

92

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00102 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 16.3
16.303 Procedures for handling ex parte U.S.C. 47123; 49 U.S.C. 322, as amended;
communications. 49 CFR parts 23 and/or 26; and/or grant
16.305 Requirement to show cause and impo- assurance 30 and/or grant assurance 37.
sition of sanction. (7) Obligations contained in property
AUTHORITY: 49 U.S.C. 106(g), 322, 1110, 1111, deeds for property transferred pursuant
1115, 1116, 1718(a) and (b), 1719, 1723, 1726, 1727, to section 16 of the Federal Airport Act
40103(e), 40113, 40116, 44502(b), 46101, 46104, (49 U.S.C. 1115), section 23 of the Air-
46110, 47104, 47106(e), 47107, 47108, 47111(d), port and Airway Development Act (49
47122, 47123–47125, 47133, 47151–47153, 48103.
U.S.C. 1723), or section 516 of the Air-
SOURCE: Docket No. 27783, 61 FR 54004, Oct. port and Airway Improvement Act (49
16, 1996, unless otherwise noted. U.S.C. 47125).
(8) Obligations contained in property
Subpart A—General Provisions deeds for property transferred under
the Surplus Property Act (49 U.S.C.
§ 16.1 Applicability and description of 47151–47153).
part. (b) Other agencies. Where a grant as-
(a) General. The provisions of this surance concerns a statute, executive
part govern all Federal Aviation Ad- order, regulation, or other authority
ministration (FAA) proceedings involv- that provides an administrative proc-
ing Federally-assisted airports, except ess for the investigation or adjudica-
for complaints or requests for deter- tion of complaints by a Federal agency
mination filed with the Secretary other than the FAA, persons shall use
under 14 CFR part 302, whether the pro- the administrative process established
ceedings are instituted by order of the by those authorities. Where a grant as-
FAA or by filing a complaint with the surance concerns a statute, executive
FAA under the following authorities: order, regulation, or other authority
(1) 49 U.S.C. 40103(e), prohibiting the that enables a Federal agency other
grant of exclusive rights for the use of than the FAA to investigate, adju-
any landing area or air navigation fa- dicate, and enforce compliance under
cility on which Federal funds have those authorities on its own initiative,
been expended (formerly section 308 of the FAA may defer to that Federal
the Federal Aviation Act of 1958, as agency.
amended). (c) Other enforcement. If a complaint
(2) Requirements of the Anti-Head or action initiated by the FAA involves
Tax Act, 49 U.S.C. 40116. a violation of the 49 U.S.C. subtitle VII
(3) The assurances and other Federal or FAA regulations, except as specified
obligations contained in grant-in-aid in paragraphs (a)(1) and (a)(2) of this
agreements issued under the Federal section, the FAA may take investiga-
Airport Act of 1946, 49 U.S.C. 1101 et seq. tive and enforcement action under 14
(repealed 1970). CFR part 13, ‘‘Investigative and En-
(4) The assurances and other Federal forcement Procedures.’’
obligations contained in grant-in-aid (d) Effective date. This part applies to
agreements issued under the Airport a complaint filed with the FAA and to
and Airway Development Act of 1970, an investigation initiated by the FAA
as amended, 49 U.S.C. 1701 et seq. on or after December 16, 1996.
(5) The assurances and other Federal [Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
obligations contained in grant-in-aid amended at Amdt. 16–1, 78 FR 56141, Sept. 12,
agreements issued under the Airport 2013]
and Airway Improvement Act of 1982
(AAIA), as amended and recodified, 49 § 16.3 Definitions.
U.S.C. 47101 et seq., specifically section Terms defined in the Acts are used as
511(a), 49 U.S.C. 47107, and 49 U.S.C. so defined. As used in this part:
47133. Act means a statute listed in § 16.1
(6) Section 505(d) of the Airport and and any regulation, agreement, or doc-
Airway Improvement Act of 1982, and ument of conveyance issued or made
the requirements concerning civil under that statute.
rights and/or Disadvantaged Business Administrator means the Adminis-
lhorne on DSKJLZT7X2PROD with CFR

Enterprise (DBE) issues contained in 49 trator of the FAA.


U.S.C. 47107(e) and 49 U.S.C. 47113; 49 Agency means the FAA.

93

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00103 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 16.3 14 CFR Ch. I (1–1–22 Edition)

Agency attorney means the Deputy Management Analysis, or a designee.


Chief Counsel; the Assistant Chief For the purposes of this part only, Di-
Counsel and attorneys in the Airports/ rector also means the Deputy Assistant
Environmental Law Division of the Of- Administrator for Civil Rights for com-
fice of the Chief Counsel; the Assistant plaints that the Director of the FAA
Chief Counsel and attorneys in an FAA Office of Airport Compliance and Man-
region or center who represent the agement Analysis transfers to the Dep-
FAA during the investigation of a com- uty Assistant Administrator for Civil
plaint or at a hearing on a complaint, Rights or designee.
and who prosecute on behalf of the Electronic filing means the process of
FAA, as appropriate. An agency attor- sending electronic mail (email) to the
ney shall not include the Chief Coun- FAA Part 16 Docket Clerk, with
sel; the Assistant Chief Counsel for
scanned documents attached, as a
Litigation, or any attorney on the staff
Portable Document Format (PDF) file.
of the Assistant Chief Counsel for Liti-
gation, who advises the Associate Ad- Ex parte communication means an oral
ministrator regarding an initial deci- or written communication not on the
sion of the hearing officer or any ap- public record with respect to which
peal to the Associate Administrator or reasonable prior notice to all parties is
who is supervised in that action by a not given, but it shall not include re-
person who provides such advice in an quests for status reports on any matter
action covered by this part. or proceeding covered by this part, or
Agency employee means any employee communications between FAA employ-
of the FAA. ees who participate as parties to a
Associate Administrator means the hearing pursuant to 16.203(b) of this
FAA Associate Administrator for Air- part and other parties to a hearing.
ports or a designee. For the purposes of Hearing officer means an attorney
this part only, Associate Adminis- designated by the Deputy Chief Coun-
trator also means the Assistant Ad- sel in a hearing order to serve as a
ministrator for Civil Rights or a des- hearing officer in a hearing under this
ignee for complaints that the FAA As- part. The following are not designated
sociate Administrator for Airports as hearing officers: the Chief Counsel
transfers to the Assistant Adminis- and Deputy Chief Counsel; the Re-
trator for Civil Rights. gional or Center Counsel and attorneys
Complainant means the person sub- in the FAA region or center in which
mitting a complaint. the noncompliance has allegedly oc-
Complaint means a written document curred or is occurring; the Assistant
meeting the requirements of this part Chief Counsel and attorneys in the Air-
and filed under this part: ports and Environmental Law Division
(1) By a person directly and substan- of the FAA Office of the Chief Counsel;
tially affected by anything allegedly and the Assistant Chief Counsel and at-
done or omitted to be done by any per-
torneys in the Litigation Division of
son in contravention of any provision
the FAA Office of Chief Counsel.
of any Act, as defined in this section,
as to matters within the jurisdiction of Initial decision means a decision made
the Administrator, or by the hearing officer in a hearing
(2) By a person under 49 CFR 26.105(c) under subpart F of this part.
against a recipient of FAA funds al- Mail means U.S. first class mail; U.S.
leged to have violated a provision of 49 certified mail; and U.S. express mail.
CFR parts 23 and/or 26. Unless otherwise noted, mail also
Decisional employee means the Admin- means electronic mail containing PDF
istrator, Deputy Administrator, Asso- copies of pleadings or documents re-
ciate Administrator, Director, hearing quired herein.
officer, or other FAA employee who is Noncompliance means anything done
or who may reasonably be expected to or omitted to be done by any person in
be involved in the decisional process of contravention of any provision of any
the proceeding. Act, as defined in this section, as to
lhorne on DSKJLZT7X2PROD with CFR

Director means the Director of the matters within the jurisdiction of the
FAA Office of Airport Compliance and Administrator.

94

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00104 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 16.11

Party means the complainant(s) and except as counsel or as witness in the


the respondent(s) named in the com- public proceedings, engage in any sub-
plaint and, after an initial determina- stantive communication regarding that
tion providing an opportunity for hear- case or a related case with the hearing
ing is issued under § 16.31 and subpart E officer, the Associate Administrator on
of this part, the agency. written appeal, or agency employees
Person in addition to its meaning advising those officials in that capac-
under 49 U.S.C. 40102(a)(33), includes a ity.
public agency as defined in 49 U.S.C. (c) The Chief Counsel, the Assistant
47102(a)(15). Chief Counsel for Litigation, or an at-
Personal delivery means same-day torney on the staff of the Assistant
hand delivery or overnight express de- Chief Counsel for Litigation advises
livery service. the Associate Administrator regarding
Respondent means any person named an initial decision, an appeal, or a final
in a complaint as a person responsible decision regarding any case brought
for noncompliance. under this part.
Sponsor means:
(1) Any public agency which, either Subpart B—General Rules Appli-
individually or jointly with one or cable to Complaints, Pro-
more other public agencies, has re- ceedings Initiated by the FAA,
ceived Federal financial assistance for
airport development or planning under
and Appeals
the Federal Airport Act, Airport and § 16.11 General processes.
Airway Development Act or Airport
and Airway Improvement Act; (a) Under the authority of 49 U.S.C.
(2) Any private owner of a public-use 40113 and 47121, the Director may con-
airport that has received financial as- duct investigations, issue orders, and
take such other actions as are nec-
sistance from the FAA for such airport;
essary to fulfill the purposes of this
and
part. This includes the extension of
(3) Any person to whom the Federal
any time period prescribed, where nec-
Government has conveyed property for
essary or appropriate for a fair and
airport purposes under section 13(g) of
complete consideration of matters be-
the Surplus Property Act of 1944, as
fore the agency, prior to issuance of
amended.
the Director’s Determination.
Writing or written includes paper doc-
(b) Notwithstanding any other provi-
uments that are filed and/or served by
sion of this part, upon finding that cir-
mail, personal delivery, facsimile, or
cumstances require expedited handling
email (as attached PDF files).
of a particular case or controversy, the
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as Director may issue an order directing
amended at Amdt. 16–1, 78 FR 56141, Sept. 12, any of the following prior to the
2013] issuance of the Director’s Determina-
tion:
§ 16.5 Separation of functions.
(1) Shortening the time period for
(a) Proceedings under this part, in- any action under this part consistent
cluding hearings under subpart F of with due process;
this part, will be prosecuted by an (2) If other adequate opportunity to
agency attorney. respond to pleadings is available,
(b) After issuance of an initial deter- eliminating the reply, rebuttal, or
mination in which the FAA provides other actions prescribed by this part;
the opportunity for a hearing, an agen- (3) Designating alternative methods
cy employee engaged in the perform- of service; or
ance of investigative or prosecutorial (4) Directing such other measures as
functions in a proceeding under this may be required.
part will not, in that case or a factu- (c) Other than those matters con-
ally related case, participate or give cerning a Corrective Action Plan, the
advice in an initial decision by the jurisdiction of the Director terminates
hearing officer, or a final decision by upon the issuance of the Director’s De-
lhorne on DSKJLZT7X2PROD with CFR

the Associate Administrator or des- termination. All matters arising dur-


ignee on written appeal, and will not, ing the appeal period, such as requests

95

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00105 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 16.13 14 CFR Ch. I (1–1–22 Edition)

for extension of time to make an ap- ments filed electronically shall be


peal, will be addressed by the Associate deemed to be filed on the date shown
Administrator. on the certificate of service or, if none,
(d) The Director may transfer to the the date of electronic transmission to
FAA Deputy Assistant Administrator the last party required to be served.
for Civil Rights or Office of Civil (c) Number of copies. With the excep-
Rights designee the authority to pre- tion of electronic filing or unless oth-
pare and issue Director’s Determina- erwise specified, an executed original
tions pursuant to § 16.31 for complaints and three copies of each document
alleging violations of section 505(d) of shall be filed with the FAA Part 16
the Airport and Airway Improvement Docket Clerk. One of the three copies
Act of 1982, and the requirements con- shall not be stapled, bound or hole-
cerning civil rights and/or Disadvan- punched. Copies need not be signed, but
taged Business Enterprise (DBE) issues the name of the person signing the
contained in 49 U.S.C. 47107(e) and 49 original shall be shown. If a hearing
U.S.C. 47113; 49 U.S.C. 47123; 49 U.S.C. order has been issued in the case, one
322, as amended; 49 CFR parts 23 and/or of the three copies shall be filed with
26; and/or grant assurance 30 and/or the hearing officer unless otherwise
grant assurance 37. prescribed by the hearing officer.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as (d) Form. Documents filed under this
amended at Amdt. 16–1, 78 FR 56142, Sept. 12, part shall:
2013] (1) Be typewritten or legibly printed;
(2) Include, in the case of docketed
§ 16.13 Filing of documents. proceedings, the docket number of the
Except as otherwise provided in this proceeding on the front page; and
part, documents shall be filed with the (3) Be marked to identify personal,
FAA during a proceeding under this privileged or proprietary information.
part as follows: Decisions for the publication and re-
(a) Filing address. Documents filed lease of these documents will be made
under this Part shall be filed with the in accordance with 5 U.S.C. 552 and 49
Office of the Chief Counsel, Attention: CFR part 7.
FAA Part 16 Docket Clerk, AGC–600, (e) Signing of documents and other pa-
Federal Aviation Administration, 800 pers. The original of every document
Independence Avenue SW., Washington, filed shall be signed by the person fil-
DC 20591. Documents to be filed with a ing it or the person’s duly authorized
hearing officer shall be filed at the ad- representative. The signature shall
dress and in the manner stated in the serve as a certification that the signer
hearing order. has read the document and, based on
(b) Date and method of filing. Filing of reasonable inquiry and to the best of
any document shall be by personal de- the signer’s knowledge, information,
livery or mail as defined in this part, and belief, the document is—
by facsimile (when confirmed by filing (1) Consistent with this part;
on the same date by one of the fore- (2) Warranted by existing law or that
going methods), or electronically as set a good faith argument exists for exten-
forth in paragraph (h) of this section. sion, modification, or reversal of exist-
Unless the date is shown to be inac- ing law; and
curate, documents filed with the FAA (3) Not interposed for any improper
shall be deemed to be filed on the date purpose, such as to harass or to cause
of personal delivery, on the mailing unnecessary delay or needless increase
date shown on the certificate of serv- in the cost of the administrative proc-
ice, on the date shown on the postmark ess.
if there is no certificate of service, on (f) Designation of person to receive serv-
the send date shown on the facsimile ice. The initial document filed by any
(provided filing has been confirmed person shall state on the first page the
through one of the foregoing methods), name, physical address, telephone
or on the mailing date shown by other number, facsimile number, if any, and
evidence if there is no certificate of email address, if filing electronically,
lhorne on DSKJLZT7X2PROD with CFR

service and no postmark. Unless the of the person(s) to be served with docu-
date is shown to be inaccurate, docu- ments in the proceeding. If any of these

96

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00106 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 16.15

items change during the proceeding, officer shall be filed at the address and
the person shall promptly file notice of in the manner stated in the hearing
the change with the FAA Part 16 Dock- order.’’), the method of filing require-
et Clerk and the hearing officer and ments in § 16.13(b), and the number of
shall serve the notice on all parties. documents requirements in § 16.13(c).
(g) Docket numbers. Each submission (i) Internet accessibility of documents
identified as a complaint under this filed in the Hearing Docket. (1) Unless
part by the submitting person will be protected from public disclosure, all
assigned a docket number. documents filed in the Hearing Docket
(h) Electronic filing. (1) The initial are accessible through the Federal
complaint may be served electronically Docket Management System (FDMS):
upon the respondent only if the re- http://www.regulations.gov. To access a
spondent has previously agreed with particular case file, use the FDMS
the complainant in writing to partici- number assigned to the case.
pate in electronic filing. Documents (2) Determinations issued by the Di-
may be filed under this Part electroni- rector and Associate Administrator in
cally by sending an email containing Part 16 cases, indexes of decisions, con-
(an) attachment(s) of (a) PDF file(s) of tact information for the FAA Hearing
the required pleading to the FAA Docket, the rules of practice, and other
Docket Clerk, and the person des- information are available on the FAA
ignated in paragraph (h)(3) of this sec- Office of Airports’ Web site at: http://
tion. part16.airports.faa.gov/index.cfm.
(2) The subject line of the email must
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
contain the names of the complainant amended at Amdt. 16–1, 78 FR 56142, Sept. 12,
and respondent, and must contain the 2013]
FAA docket number (if assigned). The
size of each email must be less than 10 § 16.15 Service of documents on the
MB. Email attachments containing parties and the agency.
executable files (e.g., .exe and .vbs Except as otherwise provided in this
files) will not be accepted. part, documents shall be served as fol-
(3) The email address at which the lows:
parties may file the documents de- (a) Whom must be served. Copies of all
scribed in this section is 9-AWA-AGC- documents filed with the FAA Part 16
Part-16@faa.gov. No acknowledgement Docket Clerk shall be served by the
or receipt will be provided by the FAA persons filing them on all parties to
to parties using this method. A party the proceeding. A certificate of service
filing electronically as described in shall accompany all documents when
this section must provide to the FAA they are tendered for filing and shall
Part 16 Docket Clerk and the opposing certify concurrent service on the FAA
party an email address of the person and all parties. Certificates of service
designated by the party to receive shall be in substantially the following
pleadings. form:
(4) By filing a pleading or document
electronically as described in this sec- I hereby certify that I have this day served
tion, a party waives the rights under the foregoing [name of document] on the fol-
this part for service by the opposing lowing persons at the following addresses,
facsimile numbers (if also served by fac-
party and the FAA by methods other
simile), or email address (if served electroni-
than email. If a party subsequently de- cally in accordance with § 16.13(h)), by [speci-
cides to ‘‘opt-out’’ of electronic filing, fy method of service]:
that party must so notify the FAA [list persons, addresses, facsimile numbers,
Part 16 Docket Clerk and the other email addresses (as applicable)]
party in writing, from which time the Dated this lday of l, 20l.
FAA and the parties will begin serving
[signature], for [party]
the opting-out party in accordance
with §§ 16.13 and 16.15. This subsection (b) Method of service. Except as oth-
only exempts the parties from the fil- erwise agreed by the parties and, if ap-
ing and service requirements in plicable, the hearing officer, the meth-
lhorne on DSKJLZT7X2PROD with CFR

§ 16.13(a) (with the exception that od of service is the same as set forth in
‘‘Documents to be filed with a hearing § 16.13(b) for filing documents.

97

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00107 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 16.17 14 CFR Ch. I (1–1–22 Edition)

(c) Where service shall be made. Serv- § 16.19 Motions.


ice shall be made to the persons identi-
(a) General. An application for an
fied in accordance with § 16.13(f). If no
order or ruling not otherwise specifi-
such person has been designated, serv-
cally provided for in this part shall be
ice shall be made on the party.
by motion. Unless otherwise ordered by
(d) Presumption of service. There shall
the agency, the filing of a motion will
be a presumption of lawful service—
not stay the date that any action is
(1) When acknowledgment of receipt
permitted or required by this part.
is by a person who customarily or in
(b) Form and contents. Unless made
the ordinary course of business re-
during a hearing, motions shall be
ceives mail at the address of the party
made in writing, shall state with par-
or of the person designated under
ticularity the relief sought and the
§ 16.13(f);
grounds for the relief sought, and shall
(2) When a properly addressed enve-
be accompanied by affidavits or other
lope, sent to the most current address
evidence relied upon. Motions intro-
submitted under § 16.13(f), has been re-
duced during hearings may be made
turned as undeliverable, unclaimed, or
orally on the record, unless the hearing
refused; or
officer directs otherwise.
(3) When the party serving the docu-
(c) Answers to motions. Except as oth-
ment electronically has a confirmation
erwise provided in this part, or except
statement demonstrating that the
when a motion is made during a hear-
email was properly sent to a party cor-
ing, any party may file an answer in
rectly addressed.
support of or in opposition to a motion,
(e) Date of service. The date of service
accompanied by affidavits or other evi-
shall be determined in the same man-
dence relied upon, provided that the
ner as the filing date under § 16.13(b).
answer to the motion is filed within 10
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as days after the motion has been served
amended at Amdt. 16–1, 78 FR 56143, Sept. 12, upon the person answering, or any
2013] other period set by the hearing officer.
Where a motion is made during a hear-
§ 16.17 Computation of time. ing, the answer and the ruling thereon
This section applies to any period of may be made at the hearing, or orally
time prescribed or allowed by this part, or in writing within the time set by the
by notice or order of the hearing offi- hearing officer.
cer, or by an applicable statute. (d) Deferred actions on motions. A rul-
(a) The date of an act, event, or de- ing on a motion made before the time
fault, after which a designated time pe- set for the issuance of the Director’s
riod begins to run, is not included in a Determination may be deferred to and
computation of time under this part. included with the Director’s Deter-
(b) The last day of a time period is mination.
included in a computation of time un- (e) Extension by motion. A party shall
less it is a Saturday, Sunday, or legal file a written motion for an extension
holiday for the FAA, in which case, the of time not later than 3 business days
time period runs until the end of the before the document is due unless good
next day that is not a Saturday, Sun- cause for the late filing is shown. A
day, or legal holiday. party filing a motion for extension
(c) Whenever a party has the right or should attempt to obtain the concur-
is required to do some act within a pre- rence of the opposing party. A party
scribed period after service of a docu- filing a written motion for an exten-
ment upon the party, and the docu- sion of time shall file the motion as re-
ment is served on the party by first quired under § 16.13, and serve a copy of
class mail or certified mail, 5 days the motion on all parties and the dock-
shall be added to the prescribed period. et clerk as required under § 16.15.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as [Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
lhorne on DSKJLZT7X2PROD with CFR

amended at Amdt. 16–1, 78 FR 56143, Sept. 12, amended at Amdt. 16–1, 78 FR 56143, Sept. 12,
2013] 2013]

98

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00108 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 16.23

Subpart C—Special Rules § 16.23 Pleadings.


Applicable to Complaints (a) A person directly and substan-
tially affected by any alleged non-
§ 16.21 Pre-complaint resolution. compliance or a person qualified under
(a) Except for those persons filing 49 CFR 26.105(c) may file a complaint
under 49 CFR 26.105(c), prior to filing a under this part. A person doing busi-
complaint under this part, a person di- ness with an airport and paying fees or
rectly and substantially affected by the rentals to the airport shall be consid-
alleged noncompliance shall initiate ered directly and substantially affected
and engage in good faith efforts to re- by alleged revenue diversion as defined
in 49 U.S.C. 47107(b).
solve the disputed matter informally
(b) Complaints filed under this part
with those individuals or entities be-
shall—
lieved responsible for the noncompli- (1) State the name and address of
ance. These efforts at informal resolu- each person who is the subject of the
tion may include, without limitation, complaint and, with respect to each
at the parties’ expense, mediation, ar- person, the specific provisions of each
bitration, or the use of a dispute reso- Act that the complainant believes were
lution board, or other form of third violated;
party assistance. The FAA Airports (2) Include all documents then avail-
District Office, FAA Airports Field Of- able in the exercise of reasonable dili-
fice, FAA Regional Airports Division gence, to be offered in support of the
responsible for administering financial complaint, and to be served upon all
assistance to the sponsor, or the FAA persons named in the complaint as per-
Office of Civil Rights will be available sons responsible for the alleged ac-
upon request to assist the parties with tion(s) or omission(s) upon which the
informal resolution. complaint is based;
(b) Except for complaints filed under (3) Provide a concise but complete
49 CFR 26.105(c), a complaint will be statement of the facts relied upon to
dismissed under § 16.27 unless the per- substantiate each allegation; and
son or authorized representative filing (4) Except for complaints filed under
the complaint certifies that: 49 CFR 26.105(c), describe how the com-
(1) The complainant has made sub- plainant was directly and substantially
stantial and reasonable good faith ef- affected by the things done or omitted
forts to resolve the disputed matter in- to be done by the respondents.
formally prior to filing the complaint; (c) Unless the complaint is dismissed
and pursuant to § 16.25 or § 16.27, the FAA
(2) There is no reasonable prospect notifies the complainant and respond-
for practical and timely resolution of ent in writing within 20 days after the
the dispute. date the FAA receives the complaint
(c) The certification required under that the complaint has been docketed.
paragraph (b) of this section, shall in- (d) The respondent shall file an an-
swer within 20 days of the date of serv-
clude a brief description of the party’s
ice of the FAA notification or, if a mo-
efforts to obtain informal resolution
tion is filed under § 16.26, within 20 days
but shall not include information on
of the date of service of an FAA order
monetary or other settlement offers
denying all or part of that motion.
made but not agreed upon in writing by
(e) The complainant may file a reply
all parties. Such efforts to resolve in-
within 10 days of the date of service of
formally should be relatively recent
the answer.
and be demonstrated by pertinent doc- (f) The respondent may file a rebuttal
umentation. There is no required form within 10 days of the date of service of
or process for informal resolution, but the complainant’s reply.
in each case the requirements to re- (g) The answer, reply, and rebuttal
solve the matter informally must meet shall, like the complaint, be accom-
the requirements of this paragraph. panied by supporting documentation
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as upon which the parties rely.
lhorne on DSKJLZT7X2PROD with CFR

amended at Amdt. 16–1, 78 FR 56143, Sept. 12, (h) The answer shall deny or admit
2013] the allegations made in the complaint

99

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00109 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 16.25 14 CFR Ch. I (1–1–22 Edition)

or state that the person filing the doc- § 16.26 Motions to dismiss and motions
ument is without sufficient knowledge for summary judgment.
or information to admit or deny an al- (a) In lieu of an answer, the respond-
legation, and shall assert any affirma- ent may file a motion to dismiss the
tive defense. complaint or a motion for summary
(i) The answer, reply, and rebuttal judgment on the complaint. The re-
shall each contain a concise but com- spondent may move for dismissal of the
plete statement of the facts relied upon entire complaint or move for dismissal
to substantiate the answers, admis- of particular issues from adjudication.
sions, denials, or averments made. The motion must be filed within 20
(j) Amendments or supplements to days after the date of service of the
the pleadings described in this section FAA notification of docketing.
will not be allowed without showing (b) Motions to dismiss. (1) A motion to
good cause through a motion and sup- dismiss shall be accompanied by a con-
porting documents. cise statement of the reasons for seek-
(k) Burden of proof. Except as used in ing dismissal. The respondent must
subpart F of this part, show that the complaint should be dis-
missed, with prejudice, if:
(1) The burden of proof is on the com-
(i) It appears on its face to be outside
plainant to show noncompliance with the jurisdiction of the Administrator
an Act or any regulation, order, agree- under the Acts listed in § 16.1;
ment or document of conveyance (ii) On its face it does not state a
issued under the authority of an Act. claim that warrants an investigation
(2) Except as otherwise provided by or further action by the FAA; or
statute or rule, the proponent of a mo- (iii) The complainant lacks standing
tion, request, or order has the burden to file a complaint under §§ 16.3 and
of proof. 16.23.
(3) A party who has asserted an af- (2) A motion to dismiss may seek dis-
firmative defense has the burden of missal of the entire complaint or the
proving the affirmative defense. dismissal of specified claims in the
(l) Except for good cause shown complaint. A motion to dismiss shall
through motion and supporting docu- be accompanied by a supporting memo-
ments, discovery is not permitted ex- randum of points and authorities.
cept as provided in §§ 16.213 and 16.215. (3) A complainant may file an answer
to the motion to dismiss within 10 days
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as of the date the motion is served on the
amended at Amdt. 16–1, 78 FR 56143, Sept. 12,
complainant, or within any other pe-
2013]
riod set by the Director. The answer
§ 16.25 Dismissals. shall be accompanied by a concise
statement of reasons for opposing dis-
(a) Within 20 days after the receipt of missal, and may be accompanied by af-
the complaint, unless a motion has fidavits and other documentary evi-
been filed under § 16.26, the Director dence in support of that contention.
will dismiss a complaint, or any claim (4) Within 30 days of the date an an-
made in a complaint, with prejudice if: swer to a motion to dismiss is due
(1) It appears on its face to be outside under this section, the Director may
the jurisdiction of the Administrator issue an order disposing of the motion.
under the Acts listed in § 16.1; If the Director denies the motion to
(2) On its face it does not state a dismiss in whole or in part, or grants
claim that warrants an investigation the motion in part, then within 20 days
or further action by the FAA; or of when the order is served on the re-
(3) The complainant lacks standing spondent, the respondent shall file an
to file a complaint under §§ 16.3 and answer to the complaint.
16.23. (5) If the Director does not act on the
(b) A dismissal under this section motion to dismiss within 30 days of the
will include the reasons for the dis- date an answer to a motion is due
under this section, the respondent shall
lhorne on DSKJLZT7X2PROD with CFR

missal.
file an answer to the complaint within
[Amdt. 16–1, 78 FR 56144, Sept. 12, 2013] the next 20 days.

100

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00110 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 16.29

(c) Motions for summary judgment. (1) be without prejudice to the refiling of
A motion for summary judgment may the complaint after amendment to cor-
be based upon the ground that there is rect the deficiencies. The Director’s
no genuine issue of material fact for dismissal will include the reasons for
adjudication and that the complaint, the dismissal.
when viewed in the light most favor- (b) Dismissals under this section are
able to the complainant, should be not initial determinations, and appeals
summarily adjudicated in favor of the from decisions under this section will
respondent as a matter of law. A mo-
not be permitted.
tion for summary judgment may seek
dismissal of the entire complaint or [Amdt. 16–1, 78 FR 56144, Sept. 12, 2013]
dismissal of specified claims or issues
in the complaint. § 16.29 Investigations.
(2) The motion for summary judg- (a) If, based on the pleadings, there
ment shall be accompanied by a con- appears to be a reasonable basis for fur-
cise statement of the material facts as
ther investigation, the FAA inves-
to which the respondent contends there
tigates the subject matter of the com-
is no genuine issue of material fact.
The motion may include affidavits and plaint.
documentary evidence in support of the (b) The investigation may include
contention that there is no genuine one or more of the following, at the
issue of material fact in dispute. sole discretion of the FAA:
(3) A complainant may file an answer (1) A review of the written submis-
to the motion for summary judgment sions or pleadings of the parties, as
within 10 days of the date the motion is supplemented by any informal inves-
served on the complainant, or within tigation the FAA considers necessary
any other period set by the Director. and by additional information fur-
The answer shall be accompanied by a nished by the parties at FAA request.
concise statement of the material facts In rendering its initial determination,
as to which the complainant contends the FAA may rely entirely on the com-
there is a genuine issue, and may be ac- plaint and the responsive pleadings
companied by affidavits and other doc- provided under this subpart. Each
umentary evidence in support of that
party shall file documents that it con-
contention.
(4) Within 30 days of the date an an- siders sufficient to present all relevant
swer to a motion for summary judg- facts and argument necessary for the
ment is due under this section, the Di- FAA to determine whether the sponsor
rector may issue an order disposing of is in compliance.
the motion. If the Director denies the (2) Obtaining additional oral and doc-
motion in whole or in part, or grants umentary evidence by use of the agen-
the motion in part, then within 20 days cy’s authority to compel production of
of when the order is served on the re- such evidence under 49 U.S.C. 40113 and
spondent, the respondent shall file an 46104, and 49 U.S.C. 47122. The Adminis-
answer to the complaint. trator’s statutory authority to issue
(5) If the Director does not act on the compulsory process has been delegated
motion for summary judgment within to the Chief Counsel, the Deputy Chief
30 days of the date an answer to a mo- Counsel, the Assistant Chief Counsel
tion is due under this section, the re- for Airports and Environmental Law,
spondent shall file an answer to the and each Assistant Chief Counsel for a
complaint within the next 20 days. region or center.
[Amdt. 16–1, 78 FR 56144, Sept. 12, 2013] (3) Conducting or requiring that a
sponsor conduct an audit of airport fi-
§ 16.27 Incomplete complaints. nancial records and transactions as
(a) If a complaint is not dismissed provided in 49 U.S.C. 47107 and 47121.
pursuant to § 16.25, but is deficient as to
one or more of the requirements set [Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16–1 78 FR 56145, Sept. 12,
forth in § 16.21 or § 16.23(b), the Director
lhorne on DSKJLZT7X2PROD with CFR

2013]
will dismiss the complaint within 20
days after receiving it. Dismissal will

101

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00111 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 16.31 14 CFR Ch. I (1–1–22 Edition)

§ 16.31 Director’s Determinations after § 16.33 Final decisions without hear-


investigations. ing.
(a) After consideration of the plead- (a) The Associate Administrator may
ings and other information obtained by transfer to the FAA Assistant Adminis-
the FAA after investigation, the Direc- trator for Civil Rights the responsi-
tor will render an initial determination bility to prepare and issue Final Agen-
and serve it upon each party within 120 cy Decisions pursuant to this section
days of the date the last pleading speci- for appeals with issues concerning civil
rights.
fied in § 16.23 was due.
(b) The Associate Administrator will
(b)(1) The Director’s Determination issue a final decision on appeal from
shall include findings of fact and con- the Director’s Determination, without
clusions of law, accompanied by expla- a hearing, where—
nations and based upon all material (1) The complaint is dismissed after
issues of fact, credibility of the evi- investigation;
dence, law and discretion presented on (2) A hearing is not required by stat-
the record, together with a statement ute and is not otherwise made avail-
of the reasons therefor. able by the FAA; or
(2) The Director shall issue a deter- (3) The FAA provides opportunity for
mination or rule in a party’s favor only a hearing to the respondent and the re-
if the determination or ruling is in ac- spondent waives the opportunity for a
cordance with law and supported by a hearing as provided in subpart E of this
preponderance of the reliable, pro- part.
bative, and substantial evidence con- (c) In the cases described in para-
tained in the record. graph (b) of this section, within 30 days
(c) A party adversely affected by the after the date of service of the initial
determination, a party adversely af-
Director’s Determination may appeal
fected by the Director’s Determination
the initial determination as provided
may file in accordance with § 16.13 and
in § 16.33. However, if the Director’s De-
serve in accordance with § 16.15 a simul-
termination that is appealed contains a taneous Notice of Appeal and Brief.
Corrective Action Plan, the Director (d) A reply to an appeal brief may be
has the discretion to suspend the Cor- filed within 20 days after the date of
rective Action Plan until the appeal is service of the appeal.
resolved. (e) On appeal, the Associate Adminis-
(d) If the Director’s Determination trator will consider the issues ad-
finds the respondent in noncompliance dressed in any order on a motion to
and proposes the issuance of a compli- dismiss or motion for summary judg-
ance order, the initial determination ment and any issues accepted in the
will include notice of opportunity for a Director’s Determination using the fol-
hearing under subpart F of this part if lowing analysis:
a hearing is required by statute or oth- (1) Are the findings of fact each sup-
erwise provided by the FAA. A hearing ported by a preponderance of reliable,
may be required by statute if the FAA probative, and substantial evidence
determination would terminate eligi- contained in the record?
bility for grants under 49 U.S.C. (2) Are conclusions made in accord-
47114(c) or (e), or terminate payments ance with law, precedent and policy?
(3) Are the questions on appeal sub-
on a grant agreement under 49 U.S.C.
stantial?
subchapter 471. The respondent may
(4) Have any prejudicial errors oc-
elect or waive a hearing, as provided in curred?
subpart E of this part. (f) Any new issues or evidence pre-
(e) The Director will not consider re- sented in an appeal or reply will not be
quests for rehearing, reargument, re- considered unless accompanied by a pe-
consideration, or modification of a Di- tition and good cause found as to why
rector’s Determination without a find- the new issue or evidence was not pre-
ing of good cause. sented to the Director. Such a petition
lhorne on DSKJLZT7X2PROD with CFR

must:
[Amdt. 16–1, 78 FR 56145, Sept. 12, 2013]
(1) Set forth the new matter;

102

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00112 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 16.109

(2) Contain affidavits of prospective issue the consent order as an order of


witnesses, authenticated documents, or the FAA and terminate the proceeding.
both, or an explanation of why such [Amdt. 16–1, 78 FR 56145, Sept. 12, 2013]
substantiation is unavailable; and
(3) Contain a statement explaining
why such new issue or evidence could
Subpart D—Special Rules Applica-
not have been discovered in the exer- ble to Proceedings Initiated
cise of due diligence prior to the date by the FAA
on which the evidentiary record closed.
§ 16.101 Basis for the initiation of
(g) The Associate Administrator will agency action.
issue a final decision and order within
60 days after the due date of the reply. The FAA may initiate its own inves-
tigation of any matter within the ap-
(h) If no appeal is filed within the
plicability of this part without having
time period specified in paragraph (c)
received a complaint. The investiga-
of this section, the Director’s Deter- tion may include, without limitation,
mination becomes the final decision any of the actions described in
and order of the FAA without further § 16.29(b).
action. A Director’s Determination
that becomes final, because there is no § 16.103 Notice of investigation.
administrative appeal, is not judicially Following the initiation of an inves-
reviewable. tigation under § 16.101, the FAA sends a
(i) No requests for rehearing, reargu- notice to the person(s) subject to inves-
ment, reconsideration, or modification tigation. The notice will set forth the
of a final order will be considered with- areas of the agency’s concern and the
out a finding of good cause. reasons therefor; request a response to
[Amdt. 16–1, 78 FR 56145, Sept. 12, 2013] the notice within 30 days of the date of
service; and inform the respondent that
§ 16.34 Consent orders. the FAA will, in its discretion, invite
good faith efforts to resolve the mat-
(a) The parties may agree at any ter.
time before the issuance of a final
agency decision to dispose of the case § 16.105 Failure to resolve informally.
by proposing a consent order. Good
If the matters addressed in the FAA
faith efforts to resolve a complaint
notices are not resolved informally, the
through issuance of a consent order FAA may issue a Director’s Determina-
may continue throughout the adminis- tion under § 16.31.
trative process. However, except as
provided in § 16.11(a), such efforts may [Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
not serve as the basis for extensions of amended at Amdt. 16–1, 78 FR 56146, Sept. 12,
2013]
the times set forth in this part.
(b) A proposal for a consent order,
specified in paragraph (a) of this sec- Subpart E—Proposed Orders of
tion, shall include: Compliance
(1) A proposed consent order; § 16.109 Orders terminating eligibility
(2) An admission of all jurisdictional for grants, cease and desist orders,
facts; and and other compliance orders.
(3) An express waiver of the right to (a) The agency will provide the op-
further procedural steps and of all portunity for a hearing if, in the Direc-
rights of judicial review. tor’s determination, the agency issues
(c) If the parties agree to dispose of a or proposes to issue an order termi-
case by issuance of a consent order be- nating eligibility for grants pursuant
fore the FAA issues a Director’s Deter- to 49 U.S.C. 47106(d), an order sus-
mination, the proposal for a consent pending the payment of grant funds
order is submitted jointly by the par- pursuant to 49 U.S.C. 47111(d); an order
ties to the Director, together with a re- withholding approval of any new appli-
lhorne on DSKJLZT7X2PROD with CFR

quest to adopt the consent order and cation to impose a passenger facility
dismiss the case. The Director may charge pursuant to 49 U.S.C. 47111(e); a

103

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00113 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 16.201 14 CFR Ch. I (1–1–22 Edition)

cease and desist order; an order direct- for Airport Improvement Program dis-
ing the refund of fees unlawfully col- cretionary grants under 49 U.S.C. 47115
lected; or any other compliance order and general aviation airport grants
issued by the Administrator to carry under 49 U.S.C. 47114(d).
out the provisions of the Acts, and re- (e) For those violations that cannot
quired to be issued after notice and op- be remedied through corrective action,
portunity for a hearing. In cases in the Director may initiate action to re-
which a hearing is not required by stat- voke and/or deny the respondent’s ap-
ute, the FAA may provide opportunity plications for Airport Improvement
for a hearing at its discretion. Program discretionary grants under 49
(b) In a case in which the agency pro- U.S.C. 47115 and general aviation air-
vides the opportunity for a hearing, the port grants under 49 U.S.C. 47114(d).
Director’s Determination issued under
(f) When the Director concludes that
§ 16.31 will include a statement of the
the respondent has fully complied with
availability of a hearing under subpart
F of this part. the Corrective Action Plan and/or when
(1) Within 20 days after service of a the Director determines that the re-
Director’s Determination under § 16.31 spondent has corrected the areas of
that provides an opportunity for a noncompliance, the Director will ter-
hearing a person subject to the pro- minate the proceeding.
posed compliance order may— (g) A complainant’s standing termi-
(i) Request a hearing under subpart F nates upon the issuance of a Director’s
of this part; Determination that finds a respondent
(ii) Waive hearing and appeal the Di- in noncompliance on all identified
rector’s Determination in writing, as issues. The complainant may not ap-
provided in § 16.33; peal the Director’s Determination if
(iii) File, jointly with a complainant, the Director finds noncompliance on
a motion to withdraw the complaint all identified issues.
and to dismiss the proposed compliance
[Amdt. 16–1, 78 FR 56146, Sept. 12, 2013]
action; or
(iv) Submit, jointly with the agency,
a proposed consent order under Subpart F—Hearings
§ 16.34(c).
(2) If the respondent fails to file an § 16.201 Notice and order of hearing.
appeal in writing within the time peri- (a) If a respondent is provided the op-
ods provided in paragraph (c) of this portunity for hearing in an initial de-
section, the Director’s Determination termination and does not waive hear-
becomes final. ing, the Deputy Chief Counsel within 10
(c) The Director may either direct days after the respondent elects a hear-
the respondent to submit a Corrective ing will issue and serve on the respond-
Action Plan or initiate proceedings to ent and complainant a hearing order.
revoke and/or deny the respondent’s The hearing order will set forth:
application for Airport Improvement (1) The allegations in the complaint,
Program discretionary grants under 49 or notice of investigation, and the
U.S.C. 47115 and general aviation air- chronology and results of the inves-
port grants under 49 U.S.C. 47114(d)
tigation preliminary to the hearing;
when a Director’s Determination finds
(2) The relevant statutory, judicial,
a respondent in noncompliance and
does not provide for a hearing. regulatory, and other authorities;
(d) In the event that the respondent (3) The issues to be decided;
fails to submit, in accordance with a (4) Such rules of procedure as may be
Director’s Determination, a Corrective necessary to supplement the provisions
Action Plan acceptable to the FAA of this part;
within the time provided, unless ex- (5) The name and address of the per-
tended by the FAA for good cause, and/ son designated as hearing officer, and
or if the respondent fails to complete the assignment of authority to the
the Corrective Action Plan as specified hearing officer to conduct the hearing
lhorne on DSKJLZT7X2PROD with CFR

therein, the Director may initiate ac- in accordance with the procedures set
tion to revoke and/or deny applications forth in this part; and

104

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00114 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 16.207

(6) The date by which the hearing of- (2) An attorney, or other duly author-
ficer is directed to issue an initial deci- ized representative, who represents a
sion. party shall file a notice of appearance
(b) Where there are no genuine issues in accordance with § 16.13.
of material fact requiring oral exam- (b) Parties and agency participation. (1)
ination of witnesses, the hearing order The parties to the hearing are the com-
may contain a direction to the hearing plainant(s) and respondent(s) named in
officer to conduct a hearing by submis- the hearing order, and the agency. The
sion of briefs and oral argument with- style of any pleadings filed under this
out the presentation of testimony or Subpart shall name the respondent as
other evidence. the Appellant, and the Federal Avia-
tion Administration as the Agency.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16–1, 78 FR 56146, Sept. 12, (2) Unless otherwise specified in the
2013] hearing order, the agency attorney will
serve as prosecutor for the agency from
§ 16.202 Powers of a hearing officer. the date of issuance of the Director’s
In accordance with the rules of this Determination providing an oppor-
subpart, a hearing officer may: tunity for hearing.
(a) Give notice of, and hold, pre- [Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
hearing conferences and hearings; amended at Amdt. 16–1, 78 FR 56146, Sept. 12,
(b) Administer oaths and affirma- 2013]
tions;
(c) Issue subpoenas authorized by law § 16.207 Intervention and other par-
and issue notices of deposition re- ticipation.
quested by the parties; (a) Intervention and participation by
(d) Limit the frequency and extent of other persons are permitted only at the
discovery; hearing stage of the complaint process
(e) Rule on offers of proof; and with the written approval of the
(f) Receive relevant and material evi- hearing officer.
dence; (b) A person may submit a written
(g) Regulate the course of the hear- motion for leave to intervene as a
ing in accordance with the rules of this party. Except for good cause shown, a
part to avoid unnecessary and duplica- motion for leave to intervene shall be
tive proceedings in the interest of submitted not later than 10 days after
prompt and fair resolution of the mat- the notice of hearing and hearing
ters at issue; order.
(h) Hold conferences to settle or to (c) If the hearing officer finds that
simplify the issues by consent of the intervention will not unduly broaden
parties; the issues or delay the proceedings and,
(i) Dispose of procedural motions and if the person has an interest that will
requests; benefit the proceedings, the hearing of-
(j) Examine witnesses; and ficer may grant a motion for leave to
(k) Make findings of fact and conclu- intervene. The hearing officer may de-
sions of law, and issue an initial deci- termine the extent to which an inter-
sion. venor may participate in the pro-
ceedings.
§ 16.203 Appearances, parties, and (d) Other persons may petition the
rights of parties. hearing officer for leave to participate
(a) Appearances. Any party may ap- in the hearing. Participation is limited
pear and be heard in person. to the filing of a posthearing brief and
(1) Any party may be accompanied, reply to the hearing officer and the As-
represented, or advised by an attorney sociate Administrator. Such a brief
licensed by a State, the District of Co- shall be filed and served on all parties
lumbia, or a territory of the United in the same manner as the parties’
States to practice law or appear before posthearing briefs are filed.
the courts of that State or territory, or (e) Participation under this section is
by another person authorized by the at the discretion of the hearing officer,
lhorne on DSKJLZT7X2PROD with CFR

hearing officer to be the party’s rep- and no decision permitting participa-


resentative. tion shall be deemed to constitute an

105

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00115 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 16.209 14 CFR Ch. I (1–1–22 Edition)

expression that the participant has § 16.211 Prehearing conference.


such a substantial interest in the pro-
(a) Prehearing conference notice. The
ceeding as would entitle it to judicial
hearing officer schedules a prehearing
review of such decision.
conference and serves a prehearing con-
[Amdt. 16–1, 78 FR 56146, Sept. 12, 2013] ference notice on the parties promptly
after being designated as a hearing of-
§ 16.209 Extension of time. ficer.
(a) Extension by oral agreement. The (1) The prehearing conference notice
parties may agree to extend for a rea- specifies the date, time, place, and
sonable period of time for filing a docu- manner (in person or by telephone) of
ment under this part. If the parties the prehearing conference.
agree, the hearing officer shall grant (2) The prehearing conference notice
one extension of time to each party. may direct the parties to exchange pro-
The party seeking the extension of posed witness lists, requests for evi-
time shall submit a draft order to the dence and the production of documents
hearing officer to be signed by the in the possession of another party, re-
hearing officer and filed with the hear- sponses to interrogatories, admissions,
ing docket. The hearing officer may proposed procedural schedules, and pro-
grant additional oral requests for an posed stipulations before the date of
extension of time where the parties the prehearing conference.
agree to the extension. (b) The prehearing conference. The pre-
(b) Extension by motion. A party shall hearing conference is conducted by
file a written motion for an extension telephone or in person, at the hearing
of time with the hearing officer not officer’s discretion. The prehearing
later than 7 days before the document conference addresses matters raised in
is due unless good cause for the late fil- the prehearing conference notice and
ing is shown. A party filing a written such other matters as the hearing offi-
motion for an extension of time shall cer determines will assist in a prompt,
serve a copy of the motion on each
full and fair hearing of the issues.
party.
(c) Prehearing conference report. At
(c) Failure to rule. If the hearing offi-
the close of the prehearing conference,
cer fails to rule on a written motion for
the hearing officer rules on any re-
an extension of time by the date the
quests for evidence and the production
document was due, the motion for an
of documents in the possession of other
extension of time is deemed denied.
parties, responses to interrogatories,
(d) Effect on time limits. In a hearing
and admissions; on any requests for
required by section 519(b) of the Air-
depositions; on any proposed stipula-
port and Airways Improvement Act, as
tions; and on any pending applications
amended in 1987, 49 U.S.C. 47106(e) and
47111(d), the due date for the hearing for subpoenas as permitted by § 16.219.
officer’s initial decision and for the In addition, the hearing officer estab-
final agency decision are extended by lishes the schedule, which shall provide
the length of the extension granted by for the issuance of an initial decision
the hearing officer only if the hearing not later than 110 days after issuance
officer grants an extension of time as a of the Director’s Determination order
result of an agreement by the parties unless otherwise provided in the hear-
as specified in paragraph (a) of this sec- ing order.
tion or, if the hearing officer grants an [Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
extension of time as a result of the amended at Amdt. 16–1, 78 FR 56147, Sept. 12,
sponsor’s failure to adhere to the hear- 2013]
ing schedule. In any other hearing, an
extension of time granted by the hear- § 16.213 Discovery.
ing officer for any reason extends the (a) Discovery is limited to requests
due date for the hearing officer’s ini- for admissions, requests for production
tial decision and for the final agency
lhorne on DSKJLZT7X2PROD with CFR

of documents, interrogatories, and


decision by the length of time of the
depositions as authorized by § 16.215.
hearing officer’s decision.

106

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00116 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 16.219

(b) The hearing officer shall limit the be deposed, the location and time of
frequency and extent of discovery per- the deposition and the general scope
mitted by this section if a party shows and subject matter of the testimony to
that— be taken.
(1) The information requested is cu- (d) Procedures for deposition. (1) Wit-
mulative or repetitious; nesses whose testimony is taken by
(2) The information requested may be deposition shall be sworn or shall af-
obtained from another less burdensome firm before any questions are put to
and more convenient source; them. Each question propounded shall
(3) The party requesting the informa- be recorded and the answers of the wit-
tion has had ample opportunity to ob- ness transcribed verbatim.
tain the information through other dis- (2) Objections to questions or evi-
covery methods permitted under this dence shall be recorded in the tran-
section; or script of the deposition. The inter-
(4) The method or scope of discovery posing of an objection shall not relieve
requested by the party is unduly bur- the witness of the obligation to answer
densome or expensive. questions, except where the answer
would violate a privilege.
§ 16.215 Depositions. (3) The written transcript shall be
(a) General. For good cause shown, subscribed by the witness, unless the
the hearing officer may order that the parties by stipulation waive the sign-
testimony of a witness may be taken ing, or the witness is ill, cannot be
by deposition and that the witness found, or refuses to sign. The reporter
produce documentary evidence in con- shall note the reason for failure to
nection with such testimony. Gen- sign.
erally, an order to take the deposition (e) Depositions of agency employees. (1)
of a witness is entered only if: Depositions of Agency Employees will
(1) The person whose deposition is to not be allowed except under the provi-
be taken would be unavailable at the sions of 49 CFR part 9.
hearing; (2) Such depositions will be allowed
(2) The deposition is deemed nec- only with the specific written permis-
essary to perpetuate the testimony of sion of the Chief Counsel or his or her
the witness; or designee.
(3) The taking of the deposition is [Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
necessary to prevent undue and exces- amended at Amdt. 16–1, 78 FR 56147, Sept. 12,
sive expense to a party and will not re- 2013]
sult in undue burden to other parties or
in undue delay. § 16.217 Witnesses.
(b) Application for deposition. Any (a) Each party may designate as a
party desiring to take the deposition of witness any person who is able and
a witness shall make application there- willing to give testimony that is rel-
for to the hearing officer in writing, evant and material to the issues in the
with a copy of the application served hearing case, subject to the limitation
on each party. The application shall in- set forth in paragraph (b) of this sec-
clude: tion.
(1) The name and residence of the (b) The hearing officer may exclude
witness; testimony of witnesses that would be
(2) The time and place for the taking irrelevant, immaterial, or unduly rep-
of the proposed deposition; etitious.
(3) The reasons why such deposition (c) Any witness may be accompanied
should be taken; and by counsel. Counsel representing a
(4) A general description of the mat- nonparty witness has no right to exam-
ters concerning which the witness will ine the witness or otherwise partici-
be asked to testify. pate in the development of testimony.
(c) Order authorizing deposition. If
good cause is shown, the hearing offi- § 16.219 Subpoenas.
cer, in his or her discretion, issues an (a) Request for subpoena. A party may
lhorne on DSKJLZT7X2PROD with CFR

order authorizing the deposition and apply to the hearing officer, within the
specifying the name of the witness to time specified for such applications in

107

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00117 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 16.221 14 CFR Ch. I (1–1–22 Edition)

the prehearing conference report, for a § 16.221 Witness fees.


subpoena to compel testimony at a
(a) The party on whose behalf a wit-
hearing or to require the production of
ness appears is responsible for paying
documents only from the following per-
any witness fees and mileage expenses.
sons:
(b) Except for employees of the
(1) Another party;
United States summoned to testify as
(2) An officer, employee, or agent of
to matters related to their public em-
another party;
ployment, witnesses summoned by sub-
(3) Any other person named in the
poena shall be paid the same fees and
complaint as participating in or bene-
mileage expenses as are paid to a wit-
fiting from the actions of the respond-
ness in a court of the United States in
ent alleged to have violated any Act;
comparable circumstances.
(4) An officer, employee, or agent of
any other person named in the com- § 16.223 Evidence.
plaint as participating in or benefiting
from the actions of the respondent al- (a) General. A party may submit di-
leged to have violated any Act. rect and rebuttal evidence in accord-
ance with this section.
(b) Issuance and service of subpoena.
(1) The hearing officer issues the sub- (b) Requirement for written testimony
poena if the hearing officer determines and evidence. Except in the case of evi-
that the evidence to be obtained by the dence obtained by subpoena, or in the
subpoena is relevant and material to case of a special ruling by the hearing
the resolution of the issues in the case. officer to admit oral testimony, a par-
(2) Subpoenas shall be served by per- ty’s direct and rebuttal evidence shall
sonal service, or upon an agent des- be submitted in written form in ad-
ignated in writing for the purpose, or vance of the oral hearing pursuant to
by certified mail, return receipt ad- the schedule established in the hearing
dressed to such person or agent. When- officer’s prehearing conference report.
ever service is made by registered or Written direct and rebuttal fact testi-
certified mail, the date of mailing shall mony shall be certified by the witness
be considered as the time when service as true and correct. Subject to the
is made. same exception (for evidence obtained
(3) A subpoena issued under this part by subpoena or subject to a special rul-
is effective throughout the United ing by the hearing officer), oral exam-
States or any territory or possession ination of a party’s own witness is lim-
thereof. ited to certification of the accuracy of
(c) Motions to quash or modify sub- written evidence, including correction
poena. (1) A party or any person upon and updating, if necessary, and reexam-
whom a subpoena has been served may ination following cross-examination by
file a motion to quash or modify the other parties.
subpoena with the hearing officer at or (c) Subpoenaed testimony. Testimony
before the time specified in the sub- of witnesses appearing under subpoena
poena for the filing of such motions. may be obtained orally.
The applicant shall describe in detail (d) Cross-examination. A party may
the basis for the application to quash conduct cross-examination that may be
or modify the subpoena including, but required for disclosure of the facts,
not limited to, a statement that the subject to control by the hearing offi-
testimony, document, or tangible evi- cer for fairness, expedition and exclu-
dence is not relevant to the proceeding, sion of extraneous matters.
that the subpoena is not reasonably (e) Hearsay evidence. Hearsay evi-
tailored to the scope of the proceeding, dence is admissible in proceedings gov-
or that the subpoena is unreasonable erned by this part. The fact that evi-
and oppressive. dence is hearsay goes to the weight of
(2) A motion to quash or modify the evidence and does not affect its admis-
subpoena stays the effect of the sub- sibility.
lhorne on DSKJLZT7X2PROD with CFR

poena pending a decision by the hear- (f) Admission of evidence. The hearing
ing officer on the motion. officer admits evidence introduced by a

108

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00118 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 16.235

party in support of its case in accord- (c) A party who has asserted an af-
ance with this section, but may ex- firmative defense has the burden of
clude irrelevant, immaterial, or unduly proving the affirmative defense.
repetitious evidence.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
(g) Expert or opinion witnesses. An em- amended at Amdt. 16–1, 78 FR 56147, Sept. 12,
ployee of the FAA or DOT may not be 2013]
called as an expert or opinion witness
for any party other than the agency ex- § 16.231 Offer of proof.
cept as provided in Department of A party whose evidence has been ex-
Transportation regulations at 49 CFR cluded by a ruling of the hearing offi-
part 9. cer may offer the evidence on the
record when filing an appeal.
§ 16.225 Public disclosure of evidence.
(a) Except as provided in this section, § 16.233 Record.
the hearing shall be open to the public. (a) Exclusive record. The transcript of
(b) The hearing officer may order all testimony in the hearing, all exhib-
that any information contained in the its received into evidence, all motions,
record be withheld from public disclo- applications requests and rulings, all
sure. Any person may object to disclo- documents included in the hearing
sure of information in the record by fil- record and the Director’s Determina-
ing a written motion to withhold spe- tion shall constitute the exclusive
cific information with the hearing offi- record for decision in the proceedings
cer. The person shall state specific and the basis for the issuance of any
grounds for nondisclosure in the mo- orders.
tion. (b) Examination and copy of record. A
(c) The hearing officer shall grant the copy of the record will be filed by the
motion to withhold information from FAA Part 16 Docket Clerk in the Fed-
public disclosure if the hearing officer eral Docket Management System
determines that disclosure would be in (FDMS). Any person desiring to review
violation of the Privacy Act, would re- the record may then do so at http://
veal trade secrets or privileged or con- www.regulations.gov.
fidential commercial or financial infor-
mation, or is otherwise prohibited by [Amdt. 16–1, 78 FR 56147, Sept. 12, 2013]
law.
§ 16.235 Argument before the hearing
officer.
§ 16.227 Standard of proof.
(a) Argument during the hearing. Dur-
The hearing officer shall issue an ini-
ing the hearing, the hearing officer
tial decision or rule in a party’s favor
shall give the parties reasonable oppor-
only if the decision or ruling is in ac-
tunity to present oral argument on the
cordance with law and supported by a
record supporting or opposing motions,
preponderance of the reliable, pro-
objections, and rulings if the parties
bative, and substantial evidence con-
request an opportunity for argument.
tained in the record.
The hearing officer may direct written
[Amdt. 16–1, as amended at 78 FR 56147, Sept. argument during the hearing if the
12, 2013] hearing officer finds that submission of
written arguments would not delay the
§ 16.229 Burden of proof. hearing.
As used in this subpart, the burden of (b) Posthearing briefs. The hearing of-
proof is as follows: ficer may request or permit the parties
(a) The burden of proof of noncompli- to submit posthearing briefs. The hear-
ance with an Act or any regulation, ing officer may provide for the filing of
order, agreement or document of con- simultaneous reply briefs as well, if
veyance issued under the authority of such filing will not unduly delay the
an Act is on the agency. issuance of the hearing officer’s initial
(b) Except as otherwise provided by decision. Posthearing briefs shall in-
statute or rule, the proponent of a mo- clude proposed findings of fact and con-
lhorne on DSKJLZT7X2PROD with CFR

tion, request, or order has the burden clusions of law; exceptions to rulings of
of proof. the hearing officer; references to the

109

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00119 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 16.237 14 CFR Ch. I (1–1–22 Edition)

record in support of the findings of ciate Administrator’s own motion, the


fact; and supporting arguments for the initial decision shall take effect as the
proposed findings, proposed conclu- final agency decision and order on the
sions, and exceptions. sixteenth day after the actual date the
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
initial decision is issued.
amended at Amdt. 16–1, 78 FR 56147, Sept. 12, (e) The failure to file an appeal is
2013] deemed a waiver of any rights to seek
judicial review of an initial decision
§ 16.237 Waiver of procedures. that becomes a final agency decision
(a) The hearing officer shall waive by operation of paragraph (d) of this
such procedural steps as all parties to section.
the hearing agree to waive before [Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
issuance of an initial decision. amended at Amdt. 16–1, 78 FR 56147, Sept. 12,
(b) Consent to a waiver of any proce- 2013]
dural step bars the raising of this issue
on appeal. § 16.243 Consent orders.
(c) The parties may not by consent (a) The agency attorney and the re-
waive the obligation of the hearing of- spondents may agree at any time be-
ficer to enter an initial decision on the fore the issuance of a final decision and
record. order to dispose of the case by issuance
of a consent order. Good faith efforts to
§ 16.241 Initial decisions, order, and resolve a complaint through issuance
appeals. of a consent order may continue
(a) The hearing officer shall issue an throughout the administrative process.
initial decision based on the record de- Except as provided in § 16.209, such ef-
veloped during the proceeding and shall forts may not serve as the basis for ex-
send the initial decision to the parties tensions of the times set forth in this
not later than 110 days after the Direc- part.
tor’s Determination unless otherwise (b) A proposal for a consent order,
provided in the hearing order. specified in paragraph (a) of this sec-
(b) Each party adversely affected by tion, shall include:
the hearing officer’s initial decision (1) A proposed consent order;
may file an appeal with the Associate (2) An admission of all jurisdictional
Administrator within 15 days of the facts;
date the initial decision is issued. Each (3) An express waiver of the right to
party may file a reply to an appeal further procedural steps and of all
within 10 days after it is served on the rights of judicial review; and
party. Filing and service of appeals and (4) The hearing order, if issued, and
replies shall be by personal delivery. an acknowledgment that the hearing
(c) If an appeal is filed, the Associate order may be used to construe the
Administrator reviews the entire terms of the consent order.
record and issues a final agency deci- (c) If the issuance of a consent order
sion and order within 60 days of the due has been agreed upon by all parties to
date of the reply. If no appeal is filed, the hearing, the proposed consent order
the Associate Administrator may take shall be filed with the hearing officer,
review of the case on his or her own along with a draft order adopting the
motion. If the Associate Administrator consent decree and dismissing the case,
finds that the respondent is not in for the hearing officer’s adoption.
compliance with any Act or any regu- (d) The deadline for the hearing offi-
lation, agreement, or document of con- cer’s initial decision and the final
veyance issued or made under such agency decision is extended by the
Act, the final agency order includes, in amount of days elapsed between the fil-
accordance with § 16.245(d), a statement ing of the proposed consent order with
of corrective action, if appropriate, and the hearing officer and the issuance of
identifies sanctions for continued non- the hearing officer’s order continuing
compliance. the hearing.
(d) If no appeal is filed, and the Asso- (e) If the agency attorney and spon-
lhorne on DSKJLZT7X2PROD with CFR

ciate Administrator does not take re- sor agree to dispose of a case by
view of the initial decision on the Asso- issuance of a consent order before the

110

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00120 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 16.245

FAA issues a hearing order, the pro- finds that the respondent is not in
posal for a consent order is submitted compliance with any Act or any regu-
jointly to the official authorized to lation, agreement or document of con-
issue a hearing order, together with a veyance issued under such Act, the
request to adopt the consent order and final agency order includes a statement
dismiss the case. The official author- of corrective action, if appropriate.
ized to issue the hearing order issues (d) When the final agency decision
the consent order as an order of the finds a respondent in noncompliance,
FAA and terminates the proceeding. and where a respondent fails to prop-
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
erly seek judicial review of the final
amended at Amdt. 16–1, 78 FR 56147, Sept. 12, agency decision as set forth in subpart
2013] G of this part, the Associate Adminis-
trator will issue an order remanding
§ 16.245 Associate Administrator re- the case to the Director for the fol-
view after a hearing. lowing action:
(a) The Associate Administrator may (1) In the event that the respondent
transfer to the FAA Assistant Adminis- fails to submit, in accordance with the
trator for Civil Rights the authority to final agency decision, a Corrective Ac-
prepare and issue Final Agency Deci- tion Plan acceptable to the FAA within
sions pursuant to § 16.241 for appeals the time provided, unless extended by
from a hearing concerning civil rights the FAA for good cause, and/or if the
issues. respondent fails to complete the Cor-
(b) After a hearing is held, and, after rective Action Plan as specified there-
considering the issues as set forth in in, the Director may initiate action to
§ 16.245(e), if the Associate Adminis- revoke and/or deny applications for
trator determines that the hearing offi- Airport Improvement Program grants
cer’s initial decision or order should be issued under 49 U.S.C. 47114(c)–(e) and
changed, the Associate Administrator 47115. When the Director concludes
may: that the respondent has fully complied
(1) Make any necessary findings and with the Corrective Action Plan, the
issue an order in lieu of the hearing of- Director will issue an Order termi-
ficer’s initial decision or order, or nating the proceeding.
(2) Remand the proceeding for any (2) For those violations that cannot
such purpose as the Associate Adminis- be remedied through corrective action,
trator may deem necessary. the Director may initiate action to re-
(c) If the Associate Administrator voke and/or deny the respondent’s ap-
takes review of the hearing officer’s plications for Airport Improvement
initial decision on the Associate Ad- Program grants issued under 49 U.S.C.
ministrator’s own motion, the Asso- 47114(c)–(e) and 47115.
ciate Administrator will issue a notice (e) On appeal from a hearing officer’s
of review within 20 days of the actual initial decision, the Associate Adminis-
date the initial decision is issued. trator will consider the following ques-
(1) The notice sets forth the specific tions:
findings of fact and conclusions of law (1) Are the findings of fact each sup-
in the initial decision that are subject ported by a preponderance of reliable,
to review by the Associate Adminis- probative and substantial evidence?
trator. (2) Are conclusions made in accord-
(2) Parties may file one brief on re- ance with law, precedent and policy?
view to the Associate Administrator or (3) Are the questions on appeal sub-
rely on their posthearing brief to the stantial?
hearing officer. A brief on review shall (4) Have any prejudicial errors oc-
be filed not later than 10 days after curred?
service of the notice of review. Filing (f) Any new issues or evidence pre-
and service of a brief on review shall be sented in an appeal or reply will not be
by personal delivery. allowed unless accompanied by a cer-
(3) The Associate Administrator tified petition and good cause found as
issues a final agency decision and order to why the new matter was not pre-
lhorne on DSKJLZT7X2PROD with CFR

within 30 days of the due date of the sented to the Director. Such a petition
brief. If the Associate Administrator must:

111

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00121 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 16.247 14 CFR Ch. I (1–1–22 Edition)

(1) Set forth the new issues or evi- Subpart H—Ex Parte
dence; Communications
(2) Contain affidavits of prospective
witnesses, authenticated documents, or
both, or an explanation of why such SOURCE: Docket No. 27783, 61 FR 54004, Oct.
16, 1996, unless otherwise noted. Redesig-
substantiation is unavailable; and nated at 78 FR 56148, Sept. 12, 2013.
(3) Contain a statement explaining
why such new matter could not have § 16.301 Prohibited ex parte commu-
been discovered in the exercise of due nications.
diligence prior to the date on which the
(a) The prohibitions of this section
evidentiary record closed.
shall apply from the time a proceeding
(g) A Final Agency Decision may be
is noticed for hearing unless the person
appealed in accordance with subpart G
responsible for the communication has
of this part.
knowledge that it will be noticed, in
[Amdt. 16–1, 78 FR 56147, Sept. 12, 2013] which case the prohibitions shall apply
at the time of the acquisition of such
Subpart G—Judicial Review knowledge.
(b) Except to the extent required for
SOURCE: Docket No. 27783, 61 FR 54004, Oct. the disposition of ex parte matters as
16, 1996, unless otherwise noted. Redesig- authorized by law:
nated by Amdt. 16–1, 78 FR 56148, Sept. 12, (1) No interested person outside the
2013. FAA and no FAA employee partici-
pating as a party shall make or know-
§ 16.247 Judicial review of a final deci- ingly cause to be made to any
sion and order. decisional employee an ex parte com-
(a) A person may seek judicial re- munication relevant to the merits of
view, in a United States Court of Ap- the proceeding;
peals, of a final decision and order of (2) No FAA employee shall make or
the Associate Administrator, and of an knowingly cause to be made to any in-
order of dismissal with prejudice issued terested person outside the FAA an ex
by the Director, as provided in 49 parte communication relevant to the
U.S.C. 46110 or 49 U.S.C. 47106(d) and merits of the proceeding; or
47111(d). A party seeking judicial re- (3) Ex parte communications regard-
view shall file a petition for review ing solely matters of agency procedure
with the Court not later than 60 days or practice are not prohibited by this
after the order has been served on the section.
party or within 60 days after the entry
of an order under 49 U.S.C. 46110. [Doc. No. 27783, 61 FR 54004, Oct. 16, 1996. Re-
(b) The following do not constitute designated at Amdt. 16–1, 78 FR 56148, Sept.
12, 2013]
final decisions and orders subject to ju-
dicial review: § 16.303 Procedures for handling ex
(1) An FAA decision to dismiss a parte communications.
complaint without prejudice, as set
forth in § 16.27; A decisional employee who receives
(2) A Director’s Determination; or who makes or knowingly causes to
(3) An initial decision issued by a be made a communication prohibited
hearing officer at the conclusion of a by § 16.303 shall place in the public
hearing; record of the proceeding:
(4) A Director’s Determination or an (a) All such written communications;
initial decision of a hearing officer be- (b) Memoranda stating the substance
comes the final decision of the Asso- of all such oral communications; and
ciate Administrator because it was not (c) All written responses, and memo-
appealed within the applicable time pe- randa stating the substance of all oral
riods provided under §§ 16.33(c) and responses, to the materials described in
16.241(b). paragraphs (a) and (b) of this section.
lhorne on DSKJLZT7X2PROD with CFR

[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996. Re- [Doc. No. 27783, 61 FR 54004, Oct. 16, 1996. Re-
designated and amended by Amdt. 16–1, 78 FR designated at Amdt. 16–1, 78 FR 56148, Sept.
56148, Sept. 12, 2013] 12, 2013]

112

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00122 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 17.3

§ 16.305 Requirement to show cause Subpart D—Alternative Dispute Resolution


and imposition of sanction.
17.35 Use of alternative dispute resolution.
(a) Upon receipt of a communication 17.37 Election of alternative dispute resolu-
knowingly made or knowingly caused tion process.
to be made by a party in violation of 17.39 Confidentiality of ADR.
§ 16.303, the Associate Administrator or
his designee or the hearing officer may, Subpart E—Finality and Review
to the extent consistent with the inter-
17.41 Final orders.
ests of justice and the policy of the un-
17.43 Judicial review.
derlying statutes, require the party to 17.45 Conforming amendments.
show cause why his or her claim or in- 17.47 Reconsideration.
terest in the proceeding should not be
dismissed, denied, disregarded, or oth- Subpart F—Other Matters
erwise adversely affected on account of
such violation. 17.49 Sanctions.
(b) The Associate Administrator 17.51 Decorum and professional conduct.
may, to the extent consistent with the 17.53 Orders and subpoenas for testimony
interests of justice and the policy of and document production.
17.55 Standing orders of the ODRA director.
the underlying statutes administered
by the FAA, consider a violation of Subpart G—Pre-Disputes
this subpart sufficient grounds for a de-
cision adverse to a party who has 17.57 Dispute resolution process for Pre-dis-
knowingly committed such violation or putes.
knowingly caused such violation to 17.59 Filing a Pre-dispute.
occur. 17.61 Use of alternative dispute resolution.
APPENDIX A TO PART 17—ALTERNATIVE DIS-
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996. Re-
PUTE RESOLUTION (ADR)
designated at Amdt. 16–1, 78 FR 56148, Sept.
12, 2013] AUTHORITY: 5 U.S.C. 570–581, 49 U.S.C.
106(f)(2), 40110, 40111, 40112, 46102, 46014, 46105,
PART 17—PROCEDURES FOR PRO- 46109, and 46110.
TESTS AND CONTRACT DISPUTES SOURCE: 76 FR 55221, Sept. 7, 2011, unless
otherwise noted.
Subpart A—General
Sec.
Subpart A—General
17.1 Applicability.
17.3 Definitions. § 17.1 Applicability.
17.5 Delegation of authority. This part applies to all Acquisition
17.7 Filing and computation of time. Management System (AMS) bid pro-
17.9 Protective orders.
tests and contract disputes involving
Subpart B—Protests the FAA that are filed at the Office of
Dispute Resolution for Acquisition
17.11 Matters not subject to protest. (ODRA) on or after October 7, 2011,
17.13 Dispute resolution process for pro- with the exception of those contract
tests. disputes arising under or related to
17.15 Filing a protest.
17.17 Initial protest procedures. FAA contracts entered into prior to
17.19 Motions practice and dismissal or April 1, 1996, where such contracts have
summary decision of protests. not been modified to be made subject
17.21 Adjudicative Process for protests. to the FAA AMS. This part also applies
17.23 Protest remedies. to pre-disputes as described in subpart
G of this part.
Subpart C—Contract Disputes
17.25 Dispute resolution process for con- § 17.3 Definitions.
tract disputes. (a) Accrual means to come into exist-
17.27 Filing a contract dispute. ence as a legally enforceable claim.
17.29 Informal resolution period.
17.31 Dismissal or summary decision of con- (b) Accrual of a contract claim means
that all events relating to a claim have
lhorne on DSKJLZT7X2PROD with CFR

tract disputes.
17.33 Adjudicative Process for contract dis- occurred, which fix liability of either
putes. the government or the contractor and

113

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00123 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 17.3 14 CFR Ch. I (1–1–22 Edition)

permit assertion of the claim, regard- quire, as a prerequisite, the issuance of


less of when the claimant actually dis- a Contracting Officer final decision.
covered those events. For liability to Contract disputes, for purposes of ADR
be fixed, some injury must have oc- only, may also involve contracts not
curred. Monetary damages need not subject to the AMS.
have been incurred, but if the claim is (i) Counsel refers to a Legal Rep-
for money, such damages must be capa- resentative who is an attorney licensed
ble of reasonable estimation. The ac- by a State, the District of Columbia, or
crual of a claim or the running of the a territory of the United States to
limitations period may be tolled on eq- practice law or appear before the
uitable grounds, including but not lim- courts of that State or territory.
ited to active concealment, fraud, or if (j) Contractor is a party in contrac-
the facts were inherently unknowable. tual privity with the FAA and respon-
(c) Acquisition Management System sible for performance of a contract’s
(AMS) establishes the policies, guiding requirements.
principles, and internal procedures for (k) Discovery is the procedure where-
the FAA’s acquisition system. by opposing parties in a protest or con-
(d) Adjudicative Process is an adminis- tract dispute may, either voluntarily
trative adjudicatory process used to de- or to the extent ordered by the ODRA,
cide protests and contract disputes obtain testimony from, or documents
where the parties have not achieved and information held by, other parties
resolution through informal commu- or non-parties.
nication or the use of ADR. The Adju- (l) Dispute Resolution Officer (DRO) is
dicative Process is conducted by a Dis- an attorney and member of the ODRA
pute Resolution Officer (DRO) or Spe- staff. The term DRO can include the
cial Master selected by the ODRA Di- Director of the ODRA.
rector to preside over the case in ac- (m) Interested party, in the context of
cordance with Public Law 108–176, Sec- a bid protest, is one whose direct eco-
tion 224, Codified at 49 U.S.C. nomic interest has been or would be af-
40110(d)(4). fected by the award or failure to award
(e) Administrator means the Adminis- an FAA contract. Proposed subcontrac-
trator of the Federal Aviation Admin- tors are not ‘‘interested parties’’ with-
istration. in this definition and are not eligible
(f) Alternative Dispute Resolution to submit protests to the ODRA. Sub-
(ADR) is the primary means of vol- contractors not in privity with the
untary dispute resolution that is em- FAA are not interested parties in the
ployed by the ODRA. See Appendix A context of a contract dispute.
of this part. (n) Intervenor is an interested party
(g) Compensated Neutral refers to an other than the protester whose partici-
impartial third party chosen by the pation in a protest is allowed by the
parties to act as a facilitator, medi- ODRA. For a post-award protest, the
ator, or arbitrator functioning to re- awardee of the contract that is the sub-
solve the protest or contract dispute ject of the protest will be allowed, upon
under the auspices of the ODRA. The timely request, to participate as an in-
parties pay equally for the services of a tervenor in the protest. In such a pro-
compensated neutral, unless otherwise test, no other interested parties will be
agreed to by the parties. An ODRA allowed to participate as intervenors.
DRO or neutral cannot be a com- (o) Legal Representative is an indi-
pensated neutral. vidual(s) designated to act on behalf of
(h) Contract Dispute, as used in this a party in matters before the ODRA.
part, means a written request to the Unless otherwise provided under
ODRA seeking, as a matter of right §§ 17.15(c)(2), 17.27(a)(1), or 17.59(a)(6), a
under an FAA contract subject to the Notice of Appearance must be filed
AMS, the payment of money in a sum with the ODRA containing the name,
certain, the adjustment or interpreta- address, telephone and facsimile (Fax)
tion of contract terms, or for other re- numbers of a party’s legal representa-
lief arising under, relating to, or in- tive.
lhorne on DSKJLZT7X2PROD with CFR

volving an alleged breach of that con- (p) Neutral refers to an impartial


tract. A contract dispute does not re- third party in the ADR process chosen

114

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00124 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 17.9

by the parties to act as a facilitator, (a) of this section as deemed necessary


mediator, arbitrator, or otherwise to by the Director for efficient resolution
aid the parties in resolving a protest or of an assigned protest or contract dis-
contract dispute. A neutral can be a pute, including the imposition of sanc-
DRO or a person not an employee of tions for the filing of frivolous plead-
the ODRA. ings, making false statements, or other
(q) ODRA is the FAA’s exclusive disciplinary actions. See subpart F of
forum acting on behalf of the Adminis- this part.
trator, pursuant to the statutory au-
thority granted by Public Law 108–176, § 17.7 Filing and computation of time.
Section 224, to provide dispute resolu- (a) Filing of a protest or contract dis-
tion services and to adjudicate matters pute may be accomplished by overnight
within its jurisdiction. The ODRA may delivery, by hand delivery, by Fax, or,
also provide non-binding dispute reso- if permitted by Order of the ODRA, by
lution services in matters outside of its electronic filing. A protest or contract
jurisdiction where mutually requested dispute is considered to be filed on the
to do so by the parties involved. date it is received by the ODRA during
(r) Parties include the protester(s) or normal business hours. The ODRA’s
the contractor, the FAA, and any in- normal business hours are from 8:30
tervenor(s). a.m. to 5 p.m. Eastern Time. A protest
(s) Pre-Disputes mean an issue(s) in or contract dispute received after the
controversy concerning an FAA con- time period prescribed for filing shall
tract or solicitation that, by mutual not be considered timely filed. Service
agreement of the parties, is filed with shall also be made on the Contracting
the ODRA. See subpart G of this part. Officer (CO) pursuant to §§ 17.15(e) and
(t) Product Team, as used in these 17.27(d).
rules, refers to the FAA organization(s) (b) Submissions to the ODRA after
responsible for the procurement or con- the initial filing of a protest or con-
tracting activity, without regard to tract dispute may be accomplished by
funding source, and includes the Con- any means available in paragraph (a) of
tracting Officer (CO). The Product this section. Copies of all such submis-
Team, acting through assigned FAA sions shall be served on the opposing
counsel, is responsible for all commu- party or parties.
nications with and submissions to the (c) The time limits stated in this part
ODRA in pending matters. are calculated in business days, which
(u) Screening Information Request (SIR exclude weekends, Federal holidays
or Solicitation) means a request by the and other days on which Federal Gov-
FAA for documentation, information, ernment offices in Washington, DC are
presentations, proposals, or binding of- not open. In computing time, the day
fers concerning an approach to meeting of the event beginning a period of time
potential acquisition requirements es- shall not be included. If the last day of
tablished by the FAA. a period falls on a weekend or a Fed-
(v) A Special Master is a non-FAA at- eral holiday, the first business day fol-
torney or judge who has been assigned lowing the weekend or holiday shall be
by the ODRA to act as its finder of considered the last day of the period.
fact, and to make findings and rec- (d) Electronic Filing—Procedures for
ommendations based upon AMS policy electronic filing may be utilized where
and applicable law and authorities in permitted by Order of the ODRA on a
the Adjudicative Process. case-by-case basis or pursuant to a
Standing Order of the ODRA permit-
§ 17.5 Delegation of authority. ting electronic filing.
(a) The authority of the Adminis-
trator to conduct dispute resolution § 17.9 Protective orders.
and adjudicative proceedings con- (a) The ODRA may issue protective
cerning acquisition matters is dele- orders addressing the treatment of pro-
gated to the Director of the ODRA. tected information, including pro-
(b) The Director of the ODRA may re- tected information in electronic form,
lhorne on DSKJLZT7X2PROD with CFR

delegate to Special Masters and DROs either at the request of a party or upon
such delegated authority in paragraph its own initiative. Such information

115

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00125 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 17.11 14 CFR Ch. I (1–1–22 Edition)

may include proprietary, confidential, (d) Cooperative agreements;


or source-selection-sensitive material, (e) Other transactions.
or other information the release of
which could result in a competitive ad- § 17.13 Dispute resolution process for
vantage to one or more firms. protests.
(b) The terms of the ODRA’s standard (a) Protests concerning FAA SIRs,
protective order may be altered to suit solicitations, or contract awards shall
particular circumstances, by negotia- be resolved pursuant to this part.
tion of the parties, subject to the ap- (b) Potential protestors should,
proval of the ODRA. The protective where possible, attempt to resolve any
order establishes procedures for appli- issues concerning potential protests
cation for access to protected informa- with the CO. Such attempts are not a
tion, identification and safeguarding of prerequisite to filing a protest with the
that information, and submission of re- ODRA.
dacted copies of documents omitting (c) Offerors or prospective offerors
protected information. shall file a protest with the ODRA in
(c) After a protective order has been accordance with § 17.15. The protest
issued, counsel or consultants retained time limitations set forth in § 17.15 will
by counsel appearing on behalf of a not be extended by attempts to resolve
party may apply for access to the ma- a potential protest with the CO. Other
terial under the order by submitting an than the time limitations specified in
application to the ODRA, with copies § 17.15 for the filing of protests, the
furnished simultaneously to all parties. ODRA retains the discretion to modify
The application shall establish that the any timeframes established herein in
applicant is not involved in competi- connection with protests.
tive decision-making for any firm that (d) In accordance with § 17.17(b), the
could gain a competitive advantage ODRA shall convene an initial status
from access to the protected informa- conference for the purpose of sched-
tion and that the applicant will dili- uling proceedings in the protest and to
gently protect any protected informa- encourage the parties to consider using
tion received from inadvertent disclo- the ODRA’s ADR process to attempt to
sure. Objections to an applicant’s ad- resolve the protest, pursuant to sub-
mission shall be raised within two (2) part D of this part. It is the Agency’s
days of the application, although the policy to use voluntary ADR to the
ODRA may consider objections raised maximum extent practicable. If the
after that time for good cause. parties elect not to attempt ADR, or if
(d) Any violation of the terms of a ADR efforts do not completely resolve
protective order may result in the im- the protest, the protest will proceed
position of sanctions, including but not under the ODRA Adjudicative Process
limited to removal of the violator from set forth in subpart E of this part. In-
the protective order and reporting of formal ADR techniques may be utilized
the violator to his or her bar associa- simultaneously with ongoing adjudica-
tion(s), and the taking of other actions tion.
as the ODRA deems appropriate. Addi- (e) The ODRA Director shall des-
tional civil or criminal penalties may ignate DROs, outside neutrals or Spe-
apply. cial Masters as potential neutrals for
the resolution of protests through
Subpart B—Protests ADR. The ultimate choice of an ADR
neutral is made by the parties partici-
§ 17.11 Matters not subject to protest. pating in the ADR. The ODRA Director
The following matters may not be also shall, at his or her sole discretion,
protested before the ODRA, except for designate an adjudicating DRO or Spe-
review of compliance with the AMS: cial Master for each matter. A person
(a) FAA purchases from or through, serving as a neutral in an ADR effort
State, local, and tribal governments in a matter, shall not serve as an adju-
and public authorities; dicating DRO or Special Master for
(b) FAA purchases from or through that matter.
lhorne on DSKJLZT7X2PROD with CFR

other Federal agencies; (f) Multiple protests concerning the


(c) Grants; same SIR, solicitation, or contract

116

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00126 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 17.15

award may be consolidated at the dis- the Product Team holds that debrief-
cretion of the ODRA Director, and as- ing.
signed to a single DRO or Special Mas- (b) Protests shall be filed with the
ter for adjudication. ODRA, AGC–70, Federal Aviation Ad-
(g) Procurement activities, and, ministration, telephone (202) 267–3290 as
where applicable, contractor perform- follows:
ance pending resolution of a protest, (1) 600 Independence Avenue SW.,
shall continue during the pendency of a Room 2W100, Washington, DC 20591 for
protest, unless there is a compelling filing by hand delivery, courier or
reason to suspend all or part of the pro- other form of in-person delivery;
curement activities or contractor per- (2) 800 Independence Avenue SW.,
formance. Pursuant to §§ 17.15(d) and Washington, DC 20591 [Attention: AGC–
17.17(a), the ODRA may impose a tem- 70, Wilbur Wright Bldg., Room 2W100]
porary suspension and recommend sus- for filing by U.S. Mail; or
pension of award or contract perform- (3) Numbers (202) 267–3720 or alternate
ance, in whole or in part, for a compel- (202) 267–1293 for filing by facsimile.
ling reason. A decision to suspend pro- (c) A protest shall be in writing, and
curement activities or contractor per- set forth:
formance is made in writing by the Ad- (1) The protester’s name, address,
ministrator or the Administrator’s telephone number, and FAX number;
delegee upon recommendation of the
(2) The name, address, telephone
ODRA.
number, and FAX number of the pro-
§ 17.15 Filing a protest. tester’s legal representative, and who
shall be duly authorized to represent
(a) An interested party may initiate the protester, to be the point of con-
a protest by filing with the ODRA in tact;
accordance with § 17.7(a) within the (3) The SIR number or, if available,
timeframes set forth in this Section. the contract number and the name of
Protests that are not timely filed shall the CO;
be dismissed. The timeframes applica-
(4) The basis for the protester’s sta-
ble to the filing of protests are as fol-
tus as an interested party;
lows:
(1) Protests based upon alleged SIR (5) The facts supporting the timeli-
or solicitation improprieties that are ness of the protest;
apparent prior to bid opening or the (6) Whether the protester requests a
time set for receipt of initial proposals protective order, the material to be
shall be filed prior to bid opening or protected, and attach a redacted copy
the time set for the receipt of initial of that material;
proposals. (7) A detailed statement of both the
(2) In procurements where proposals legal and factual grounds of the pro-
are requested, alleged improprieties test, and one (1) copy of each relevant
that do not exist in the initial solicita- document;
tion, but which are subsequently incor- (8) The remedy or remedies sought by
porated into the solicitation, must be the protester, as set forth in § 17.23;
protested not later than the next clos- (9) The signature of the legal rep-
ing time for receipt of proposals fol- resentative, or another person duly au-
lowing the incorporation. thorized to represent the protester.
(3) For protests other than those re- (d) If the protester wishes to request
lated to alleged solicitation impropri- a suspension of the procurement or
eties, the protest must be filed on the contract performance, in whole or in
later of the following two dates: part, and believes that a compelling
(i) Not later than seven (7) business reason(s) exists to suspend the procure-
days after the date the protester knew ment or contract performance because
or should have known of the grounds of the protested action, the protester
for the protest; or shall, in its initial filing:
(ii) If the protester has requested a (1) Set forth such compelling rea-
post-award debriefing from the FAA son(s), supply all facts and documents
lhorne on DSKJLZT7X2PROD with CFR

Product Team, not later than five (5) supporting the protester’s position; and
business days after the date on which (2) Demonstrate—

117

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00127 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 17.17 14 CFR Ch. I (1–1–22 Edition)

(i) The protester has alleged a sub- cordance with § 17.15(d), the Product
stantial case; Team shall submit a response to the re-
(ii) The lack of a suspension would be quest to the ODRA by no later than the
likely to cause irreparable injury; close of business on the date of the ini-
(iii) The relative hardships on the tial scheduling conference or on such
parties favor a suspension; and other date as is established by the
(iv) That a suspension is in the public ODRA. Copies of the response shall be
interest. furnished to the protester and any in-
(3) Failure of a protester to provide tervenor(s) so as to be received within
information or documents in support of the same timeframe. The protester and
a requested suspension or failure to ad- any intervenor(s) shall have the oppor-
dress the elements of paragraph (d)(2) tunity of providing additional com-
of this section may result in the sum- ments on the response within two (2)
mary rejection of the request for sus- business days of receiving it. Based on
pension, or a requirement that the pro- its review of such submissions, the
tester supplement its request prior to ODRA, in its discretion, may—
the scheduling of a Product Team re- (1) Decline the suspension request; or
sponse to the request under § 17.17(a). (2) Recommend such suspension to
(e) Concurrent with the filing of a the Administrator or the Administra-
protest with the ODRA, the protester tor’s designee. The ODRA also may im-
shall serve a copy of the protest on the pose a temporary suspension of no
CO and any other official designated in more than ten (10) business days, where
the SIR for receipt of protests, by it is recommending that the Adminis-
means reasonably calculated to be re- trator impose a suspension.
ceived by the CO on the same day as it (b) Within five (5) business days of
is to be received by the ODRA. The pro- the filing of a protest, or as soon there-
test shall include a signed statement after as practicable, the ODRA shall
from the protester, certifying to the convene an initial status conference for
ODRA the manner of service, date, and purposes of:
time when a copy of the protest was (1) Reviewing the ODRA’s ADR and
served on the CO and other designated adjudication procedures and estab-
official(s). lishing a preliminary schedule;
(f) Upon receipt of the protest, the (2) Identifying legal or other prelimi-
CO shall notify the awardee of a chal- nary or potentially dispositive issues
lenged contract award in writing of the and answering the parties’ questions
existence of the protest. The awardee regarding the ODRA process;
and/or interested parties shall notify (3) Dealing with issues related to pro-
the ODRA in writing, of their interest tected information and the issuance of
in participating in the protest as inter- any needed protective order;
venors within two (2) business days of (4) Encouraging the parties to con-
receipt of the CO’s notification, and sider using ADR;
shall, in such notice, designate a per- (5) Appointing a DRO as a potential
son as the point of contact for the ADR neutral to assist the parties in
ODRA. considering ADR options and devel-
(g) The ODRA has discretion to des- oping an ADR agreement; and
ignate the parties who shall participate (6) For any other reason deemed ap-
in the protest as intervenors. In pro- propriate by the DRO or by the ODRA.
tests of awarded contracts, only the (c) The Product Team and protester
awardee may participate as an inter- will have five (5) business days from
venor as a matter of right. the date of the initial status con-
[76 FR 55221, Sept. 7, 2011, as amended by ference to decide whether they will at-
Doc. No. FAA–2017–0075, 82 FR 14429, Mar. 21, tempt to use an ADR process in the
2017] case. With the agreement of the ODRA,
ADR may be used concurrently with
§ 17.17 Initial protest procedures. the adjudication of a protest. See
(a) If, as part of its initial protest fil- § 17.37(e).
ing, the protester requests a suspension (d) If the Product Team and protester
lhorne on DSKJLZT7X2PROD with CFR

of procurement activities or contractor elect to use ADR proceedings to resolve


performance in whole or in part, in ac- the protest, they will agree upon the

118

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00128 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 17.21

neutral to conduct the ADR pro- would operate and draw all factual in-
ceedings (either an ODRA DRO or a ferences in favor of the non-moving
compensated neutral of their own party.
choosing) pursuant to § 17.37, and shall (c) Either upon motion by a party or
execute and file with the ODRA a writ- on its own initiative, the ODRA may,
ten ADR agreement. Agreement of any at any time, exercise its discretion to:
intervenor(s) to the use of ADR or the (1) Recommend to the Administrator
resolution of a dispute through ADR dismissal or the issuance of a summary
shall not be required. decision with respect to the entire pro-
(e) If the Product Team or protester test;
indicate that ADR proceedings will not (2) Dismiss the entire protest or issue
be used, or if ADR is not successful in a summary decision with respect to the
resolving the entire protest, the ODRA entire protest, if delegated that au-
Director upon being informed of the thority by the Administrator; or
situation, will schedule an adjudication
(3) Dismiss or issue a summary deci-
of the protest.
sion with respect to any count or por-
§ 17.19 Motions practice and dismissal tion of a protest.
or summary decision of protests. (d) A dismissal or summary decision
regarding the entire protest by either
(a) Separate motions generally are
the Administrator, or the ODRA by
discouraged in ODRA bid protests.
delegation, shall be construed as a final
Counsel and parties are encouraged to
agency order. A dismissal or summary
incorporate any such motions in their
decision that does not resolve all
respective agency responses or com-
counts or portions of a protest shall
ments. Parties and counsel are encour-
not constitute a final agency order, un-
aged to attempt to resolve typical mo-
less and until such dismissal or deci-
tions issues through the ODRA ADR
sion is incorporated or otherwise
process. The ODRA may rule on any
adopted in a decision by the Adminis-
non-dispositive motion, where appro-
trator (or the ODRA, by delegation) re-
priate and necessary, after providing
garding the entire protest.
an opportunity for briefing on the mo-
tion by all affected parties. Unjustifi- (e) Prior to recommending or enter-
able, inappropriate use of motions may ing either a dismissal or a summary de-
result in the imposition of sanctions. cision, either in whole or in part, the
Where appropriate, a party may re- ODRA shall afford all parties against
quest by dispositive motion to the whom the dismissal or summary deci-
ODRA, or the ODRA may recommend sion is to be entered the opportunity to
or order, that: respond to the proposed dismissal or
(1) The protest, or any count or por- summary decision.
tion of a protest, be dismissed for lack
§ 17.21 Adjudicative Process for pro-
of jurisdiction, timeliness, or standing tests.
to pursue the protest;
(2) The protest, or any count or por- (a) Other than for the resolution of
tion of a protest, be dismissed, if frivo- preliminary or dispositive matters, the
lous or without basis in fact or law, or Adjudicative Process for protests will
for failure to state a claim upon which be commenced by the ODRA Director
relief may be had; pursuant to § 17.17(e).
(3) A summary decision be issued (b) The Director of the ODRA shall
with respect to the protest, or any appoint a DRO or a Special Master to
count or portion of a protest, if there conduct the adjudication proceedings,
are no material facts in dispute and a develop the administrative record, and
party is entitled to summary decision prepare findings and recommendations
as a matter of law. for review of the ODRA Director.
(b) In connection with consideration (c) The DRO or Special Master may
of possible dismissal or summary deci- conduct such proceedings and prepare
sion, the ODRA shall consider any ma- procedural orders for the proceedings
terial facts in dispute, in a light most as deemed appropriate; and may re-
lhorne on DSKJLZT7X2PROD with CFR

favorable to the party against whom quire additional submissions from the
the dismissal or summary decision parties.

119

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00129 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 17.21 14 CFR Ch. I (1–1–22 Edition)

(d) The Product Team response to the providing fair and expeditious dispute
protest will be due to be filed and resolution.
served ten (10) business days from the (2) The DRO or Special Master may
commencement of the ODRA Adjudica- also direct the parties to exchange, in
tion process. The Product Team re- an expedited manner, relevant, non-
sponse shall consist of a written chron- privileged documents.
ological, supported statement of pro- (3) Where justified, the DRO or Spe-
posed facts, and a written presentation cial Master may direct the taking of
of applicable legal or other defenses. deposition testimony, however, the
The Product Team response shall cite FAA dispute resolution process does
to and be accompanied by all relevant not contemplate extensive discovery.
documents, which shall be chrono- (4) The use of interrogatories and re-
logically indexed, individually tabbed, quests for admission is not permitted
and certified as authentic and com- in ODRA bid protests.
plete. A copy of the response shall be (5) Where parties cannot voluntarily
furnished so as to be received by the reach agreement on a discovery-related
protester and any intervenor(s) on the issue, they may timely seek assistance
same date it is filed with the ODRA. In from an ODRA ADR neutral or may file
all cases, the Product Team shall indi- an appropriate motion with the ODRA.
cate the method of service used. Parties may request a subpoena.
(e) Comments of the protester and (6) Discovery requests and responses
the intervenor on the Product Team re- are not part of the record and will not
sponse will be due to be filed and be filed with the ODRA, except in con-
served five (5) business days after their nection with a motion or other permis-
receipt of the response. Copies of such sible filing.
comments shall be provided to the (7) Unless timely objection is made,
other participating parties by the same documents properly filed with the
means and on the same date as they ODRA will be deemed admitted into
are furnished to the ODRA. Comments the administrative record.
may include any supplemental relevant (j) Hearings are not typically held in
documents. bid protests. The DRO or Special Mas-
(f) The ODRA may alter the schedule ter may conduct hearings, and may
for filing of the Product Team response limit the hearings to the testimony of
and the comments for good cause or to specific witnesses and/or presentations
accommodate the circumstances of a regarding specific issues. The DRO or
particular protest. Special Master shall control the nature
(g) The DRO or Special Master may and conduct of all hearings, including
convene the parties and/or their rep- the sequence and extent of any testi-
resentatives, as needed for the Adju- mony. Hearings will be conducted:
dicative Process. (1) Where the DRO or Special Master
(h) If, in the sole judgment of the determines that there are complex fac-
DRO or Special Master, the parties tual issues in dispute that cannot ade-
have presented written material suffi- quately or efficiently be developed
cient to allow the protest to be decided solely by means of written presen-
on the record presented, the DRO or tations and/or that resolution of the
Special Master shall have the discre- controversy will be dependent on his/
tion to decide the protest on that basis. her assessment of the credibility of
(i) The parties may engage in lim- statements provided by individuals
ited, focused discovery with one an- with first-hand knowledge of the facts;
other and, if justified, with non-par- or
ties, so as to obtain information rel- (2) Upon request of any party to the
evant to the allegations of the protest. protest, unless the DRO or Special
(1) The DRO or Special Master shall Master finds specifically that a hearing
manage the discovery process, includ- is unnecessary and that no party will
ing limiting its length and availability, be prejudiced by limiting the record in
and shall establish schedules and dead- the adjudication to the parties’ written
lines for discovery, which are con- submissions. All witnesses at any such
lhorne on DSKJLZT7X2PROD with CFR

sistent with timeframes established in hearing shall be subject to cross-exam-


this part and with the FAA policy of ination by the opposing party and to

120

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00130 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 17.23

questioning by the DRO or Special etary or competition-sensitive infor-


Master. mation.
(k) The Director of the ODRA may (p) Other than communications re-
review the status of any protest in the garding purely procedural matters or
Adjudicative Process with the DRO or ADR, there shall be no substantive ex
Special Master. parte communication between ODRA
(l) After the closing of the adminis- personnel and any principal or rep-
trative record, the DRO or Special resentative of a party concerning a
Master will prepare and submit find- pending or potentially pending matter.
ings and recommendations to the A potential or serving ADR neutral
ODRA that shall contain the following: may communicate on an ex parte basis
(1) Findings of fact; to establish or conduct the ADR.
(2) Application of the principles of
the AMS, and any applicable law or au- § 17.23 Protest remedies.
thority to the findings of fact; (a) The ODRA has broad discretion to
(3) A recommendation for a final recommend and impose protest rem-
FAA order; and edies that are consistent with the AMS
(4) If appropriate, suggestions for fu- and applicable law. Such remedies may
ture FAA action. include, but are not limited to one or a
(m) In preparing findings and rec- combination of, the following:
ommendations in protests, the DRO or (1) Amend the SIR;
Special Master, using the preponder-
(2) Refrain from exercising options
ance of the evidence standard, shall
under the contract;
consider whether the Product Team ac-
(3) Issue a new SIR;
tions in question were consistent with
the requirements of the AMS, had a ra- (4) Require a recompetition or reval-
tional basis, and whether the Product uation;
Team decision was arbitrary, capri- (5) Terminate an existing contract
cious or an abuse of discretion. Not- for the FAA’s convenience;
withstanding the above, allegations (6) Direct an award to the protester;
that government officials acted with (7) Award bid and proposal costs; or
bias or in bad faith must be established (8) Any other remedy consistent with
by clear and convincing evidence. the AMS that is appropriate under the
(n) The DRO or Special Master has circumstances.
broad discretion to recommend a rem- (b) In determining the appropriate
edy that is consistent with § 17.23. recommendation, the ODRA may con-
(o) A DRO or Special Master shall sider the circumstances surrounding
submit findings and recommendations the procurement or proposed procure-
only to the Director of the ODRA or ment including, but not limited to: the
the Director’s designee. The findings nature of the procurement deficiency;
and recommendations will be released the degree of prejudice to other parties
to the parties and to the public upon or to the integrity of the acquisition
issuance of the final FAA order in the system; the good faith of the parties;
case. If an ODRA protective order was
the extent of performance completed;
issued in connection with the protest,
the feasibility of any proposed remedy;
or if a protest involves proprietary or
the urgency of the procurement; the
competition-sensitive information, a
redacted version of the findings and cost and impact of the recommended
recommendations, omitting any pro- remedy; and the impact on the Agen-
tected information, shall be prepared cy’s mission.
wherever possible and released to the (c) Attorney’s fees of a prevailing
public, as soon as is practicable, along protester are allowable to the extent
with a copy of the final FAA order. permitted by the Equal Access to Jus-
Only persons admitted by the ODRA tice Act, 5 U.S.C. 504(a)(1) (EAJA) and
under the protective order and Govern- 14 CFR part 14.
ment personnel shall be provided cop-
lhorne on DSKJLZT7X2PROD with CFR

ies of the unredacted findings and rec-


ommendations that contain propri-

121

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00131 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 17.25 14 CFR Ch. I (1–1–22 Edition)

Subpart C—Contract Disputes (3) Numbers (202) 267–3720 or alternate


(202) 267–1293 for filing by facsimile.
§ 17.25 Dispute resolution process for (c) A contract dispute against the
contract disputes. FAA shall be filed with the ODRA
(a) All contract disputes arising within two (2) years of the accrual of
under contracts subject to the AMS the contract claim involved. A con-
shall be resolved under this subpart. tract dispute by the FAA against a
(b) Contract disputes shall be filed contractor (excluding contract disputes
with the ODRA pursuant to § 17.27. alleging warranty issues, fraud or la-
(c) The ODRA has broad discretion to tent defects) likewise shall be filed
recommend remedies for a contract within two (2) years of the accrual of
dispute that are consistent with the the contract claim. If an underlying
AMS and applicable law, including contract entered into prior to the effec-
such equitable remedies or other rem- tive date of this part provides for time
edies as it deems appropriate. limitations for filing of contract dis-
putes with the ODRA, which differ
§ 17.27 Filing a contract dispute. from the aforesaid two (2) year period,
(a) Contract disputes must be in writ- the limitation periods in the contract
ing and should contain: shall control over the limitation period
(1) The contractor’s name, address, of this section. In no event will either
telephone and Fax numbers and the party be permitted to file with the
name, address, telephone and Fax num- ODRA a contract dispute seeking an
bers of the contractor’s legal represent- equitable adjustment or other damages
ative(s) (if any) for the contract dis- after the contractor has accepted final
pute; contract payment, with the exception
(2) The contract number and the of FAA contract disputes related to
name of the Contracting Officer; warranty issues, gross mistakes
(3) A detailed chronological state- amounting to fraud or latent defects.
ment of the facts and of the legal FAA contract disputes against the con-
grounds underlying the contract dis- tractor based on warranty issues must
pute, broken down by individual claim be filed within the time specified under
item, citing to relevant contract provi- applicable contract warranty provi-
sions and attaching copies of the con- sions. Any FAA contract disputes
tract and other relevant documents; against the contractor based on gross
(4) Information establishing the mistakes amounting to fraud or latent
ODRA’s jurisdiction and the timeliness defects shall be filed with the ODRA
of the contract dispute; within two (2) years of the date on
(5) A request for a specific remedy, which the FAA knew or should have
and the amount, if known, of any mon- known of the presence of the fraud or
etary remedy requested, together with latent defect.
pertinent cost information and docu- (d) A party shall serve a copy of the
mentation (e.g., invoices and cancelled contract dispute upon the other party,
checks). Supporting documentation by means reasonably calculated to be
should be broken down by individual received on the same day as the filing
claim item and summarized; and is received by the ODRA.
(6) The signature of a duly authorized (e) With the exception of the time
representative of the initiating party. limitations established herein for the
(b) Contract Disputes shall be filed filing of contract disputes, the ODRA
with the ODRA, AGC–70, Federal Avia- retains the discretion to modify any
tion Administration, telephone (202) timeframe established herein in con-
267–3290 as follows: nection with contract disputes.
(1) 600 Independence Avenue SW., [76 FR 55221, Sept. 7, 2011, as amended by
Room 2W100, Washington, DC 20591 for Doc. No. FAA–2017–0075, 82 FR 14429, Mar. 21,
filing by hand delivery, courier or 2017]
other form of in-person delivery;
(2) 800 Independence Avenue SW., § 17.29 Informal resolution period.
Washington, DC 20591 [Attention: AGC– (a) The ODRA process for contract
lhorne on DSKJLZT7X2PROD with CFR

70, Wilbur Wright Bldg., Room 2W100] disputes includes an informal resolu-
for filing by U.S. Mail; or tion period of twenty (20) business days

122

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00132 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 17.31

from the date of filing in order for the a written notification that ADR pro-
parties to attempt to informally re- ceedings will not be used, or have not
solve the contract dispute either fully resolved the Contract Dispute.
through direct negotiation or with the The purpose of the status conference
assistance of the ODRA. The CO, with will be to commence the Adjudicative
the advice of FAA legal counsel, has Process and establish the schedule for
full discretion to settle contract dis- adjudication.
putes, except where the matter in- (g) The submission of a statement
volves fraud. which indicates that ADR will not be
(b) During the informal resolution utilized will not in any way preclude
period, if the parties request it, the the parties from engaging in non-bind-
ODRA will appoint a DRO for ADR who ing ADR techniques during the Adju-
will discuss ADR options with the par- dicative Process, pursuant to subpart D
ties, offer his or her services as a po- of this part.
tential neutral, and assist the parties
to enter into an agreement for a formal § 17.31 Dismissal or summary decision
ADR process. A person serving as a of contract disputes.
neutral in an ADR effort in a matter
(a) Any party may request by mo-
shall not serve as an adjudicating DRO
or Special Master for that matter. tion, or the ODRA on its own initiative
(c) The informal resolution period may recommend or direct, that a con-
may be extended at the request of the tract dispute be dismissed, or that a
parties for good cause. count or portion thereof be stricken, if:
(d) If the matter has not been re- (1) It was not timely filed;
solved informally, the parties shall file (2) It was filed by a subcontractor or
joint or separate statements with the other person or entity lacking stand-
ODRA no later than twenty (20) busi- ing;
ness days after the filing of the con- (3) It fails to state a matter upon
tract dispute. The ODRA may extend which relief may be had; or
this time, pursuant to § 17.27(e). The (4) It involves a matter not subject to
statement(s) shall include either: the jurisdiction of the ODRA.
(1) A joint request for ADR, or an ex- (b) Any party may request by mo-
ecuted ADR agreement, pursuant to tion, or the ODRA on its own initiative
§ 17.37(d), specifying which ADR tech- may recommend or direct, that a sum-
niques will be employed; or mary decision be issued with respect to
(2) Written explanation(s) as to why a contract dispute, or any count or por-
ADR proceedings will not be used and tion thereof if there are no material
why the Adjudicative Process will be facts in dispute and a party is entitled
needed. to a summary decision as a matter of
(e) If the contract dispute is not com- law.
pletely resolved during the informal (c) In connection with any potential
resolution period, the ODRA’s Adju-
dismissal of a contract dispute, or sum-
dicative Process will commence unless
mary decision, the ODRA will consider
the parties have reached an agreement
any material facts in dispute in a light
to attempt a formal ADR effort. As
most favorable to the party against
part of such an ADR agreement the
whom the dismissal or summary deci-
parties, with the concurrence of the
ODRA, may agree to defer commence- sion would be entered, and draw all fac-
ment of the adjudication process pend- tual inferences in favor of that party.
ing completion of the ADR or that the (d) At any time, whether pursuant to
ADR and adjudication process will run a motion or on its own initiative and
concurrently. If a formal ADR is at- at its discretion, the ODRA may:
tempted but does not completely re- (1) Dismiss or strike a count or por-
solve the contract dispute, the Adju- tion of a contract dispute or enter a
dicative Process will commence. partial summary decision;
(f) The ODRA shall hold a status con- (2) Recommend to the Administrator
ference with the parties within ten (10) that the entire contract dispute be dis-
lhorne on DSKJLZT7X2PROD with CFR

business days, or as soon thereafter as missed or that a summary decision be


is practicable, of the ODRA’s receipt of entered; or

123

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00133 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 17.33 14 CFR Ch. I (1–1–22 Edition)

(3) With a delegation from the Ad- (c) In cases initiated by the FAA
ministrator, dismiss the entire con- against a contractor, within twenty
tract dispute or enter a summary deci- (20) business days of the commence-
sion with respect to the entire contract ment of the Adjudicative Process or as
dispute. scheduled by the ODRA, the contractor
(e) An order of dismissal of the entire shall prepare and submit to the ODRA,
contract dispute or summary decision with a copy to the Product Team coun-
with respect to the entire contract dis- sel, a chronologically arranged and in-
pute, issued either by the Adminis- dexed substantive response, containing
trator or by the ODRA, on the grounds a legal and factual position regarding
set forth in this section, shall con- the dispute and all documents relevant
stitute a final agency order. An ODRA to the facts and issues in dispute. The
order dismissing or striking a count or Product Team will be entitled, at a
portion of a contract dispute or enter- specified time, to supplement the
ing a partial summary judgment shall record with additional documents.
not constitute a final agency order, un- (d) Unless timely objection is made,
less and until such ODRA order is in- documents properly filed with the
corporated or otherwise adopted in a ODRA will be deemed admitted into
final agency decision of the Adminis- the administrative record. Discovery
trator or the Administrator’s delegee requests and responses are not part of
regarding the remainder of the dispute. the record and will not be filed with
(f) Prior to recommending or enter- the ODRA, except in connection with a
ing either a dismissal or a summary de- motion or other permissible filing. Des-
cision, either in whole or in part, the ignated, relevant portions of such doc-
ODRA shall afford all parties against uments may be filed, with the permis-
whom the dismissal or summary deci- sion of the ODRA.
sion would be entered the opportunity (e) The Director of the ODRA shall
to respond to a proposed dismissal or assign a DRO or a Special Master to
summary decision. conduct adjudicatory proceedings, de-
§ 17.33 Adjudicative Process for con- velop the administrative adjudication
tract disputes. record and prepare findings and rec-
ommendations for the review of the
(a) The Adjudicative Process for con- ODRA Director or the Director’s des-
tract disputes will be commenced by ignee.
the ODRA Director upon being notified
(f) The DRO or Special Master may
by the ADR neutral or by any party
conduct a status conference(s) as nec-
that either—
essary and issue such orders or deci-
(1) The parties will not be attempting
sions as are necessary to promote the
ADR; or
efficient resolution of the contract dis-
(2) The parties have not settled all of
pute.
the dispute issues via ADR, and it is
(g) At any such status conference, or
unlikely that they can do so within the
as necessary during the Adjudicative
time period allotted and/or any reason-
Process, the DRO or Special Master
able extension.
will:
(b) In cases initiated by a contractor
against the FAA, within twenty (20) (1) Determine the appropriate
business days of the commencement of amount of discovery required;
the Adjudicative Process or as sched- (2) Review the need for a protective
uled by the ODRA, the Product Team order, and if one is needed, prepare a
shall prepare and submit to the ODRA, protective order pursuant to § 17.9;
with a copy to the contractor, a chron- (3) Determine whether any issue can
ologically arranged and indexed sub- be stricken; and
stantive response, containing a legal (4) Prepare necessary procedural or-
and factual position regarding the dis- ders for the proceedings.
pute and all documents relevant to the (h) Unless otherwise provided by the
facts and issues in dispute. The con- DRO or Special Master, or by agree-
tractor will be entitled, at a specified ment of the parties with the concur-
lhorne on DSKJLZT7X2PROD with CFR

time, to supplement the record with rence of the DRO or Special Master, re-
additional documents. sponses to written discovery shall be

124

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00134 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 17.33

due within thirty (30) business days with first-hand knowledge of the facts;
from the date received. or
(i) At a time or at times determined (2) Upon request of any party to the
by the DRO or Special Master, and in contract dispute, unless the DRO or
advance of the decision of the case, the Special Master finds specifically that a
parties shall make individual final sub- hearing is unnecessary and that no
missions to the ODRA and to the DRO party will be prejudiced by limiting the
or Special Master, which submissions record in the adjudication to the par-
shall include the following: ties’ written submissions. All witnesses
(1) A statement of the issues; at any such hearing shall be subject to
(2) A proposed statement of undis- cross-examination by the opposing
puted facts related to each issue to- party and to questioning by the DRO or
gether with citations to the adminis- Special Master.
trative record or other supporting ma- (l) The DRO or Special Master shall
terials; prepare findings and recommendations,
which will contain findings of fact, ap-
(3) Separate statements of disputed
plication of the principles of the AMS
facts related to each issue, with appro-
and other law or authority applicable
priate citations to documents in the
to the findings of fact, and a rec-
Dispute File, to pages of transcripts of
ommendation for a final FAA order.
any hearing or deposition, or to any af-
(m) The DRO or Special Master shall
fidavit or exhibit which a party may
conduct a de novo review using the pre-
wish to submit with its statement;
ponderance of the evidence standard,
(4) Separate legal analyses in support unless a different standard is pre-
of the parties’ respective positions on scribed for a particular issue. Notwith-
disputed issues. standing the above, allegations that
(j) Each party shall serve a copy of government officials acted with bias or
its final submission on the other party in bad faith must be established by
by means reasonably calculated so that clear and convincing evidence.
the other party receives such submis- (n) The Director of the ODRA may
sions on the same day it is received by review the status of any contract dis-
the ODRA. pute in the Adjudicative Process with
(k) The DRO or Special Master may the DRO or Special Master.
decide the contract dispute on the (o) A DRO or Special Master shall
basis of the administrative record and submit findings and recommendations
the submissions referenced in this sec- to the Director of the ODRA or the Di-
tion, or may, in the DRO or Special rector’s designee. The findings and rec-
Master’s discretion, direct the parties ommendations will be released to the
to make additional presentations in parties and to the public, upon
writing. The DRO or Special Master issuance of the final FAA order in the
may conduct hearings, and may limit case. Should an ODRA protective order
the hearings to the testimony of spe- be issued in connection with the con-
cific witnesses and/or presentations re- tract dispute, or should the matter in-
garding specific issues. The DRO or volve proprietary or competition-sen-
Special Master shall control the nature sitive information, a redacted version
and conduct of all hearings, including of the findings and recommendations
the sequence and extent of any testi- omitting any protected information,
mony. Evidentiary hearings on the shall be prepared wherever possible and
record shall be conducted by the released to the public, as soon as is
ODRA: practicable, along with a copy of the
(1) Where the DRO or Special Master final FAA order. Only persons admitted
determines that there are complex fac- by the ODRA under the protective
tual issues in dispute that cannot ade- order and Government personnel shall
quately or efficiently be developed be provided copies of the unredacted
solely by means of written presen- findings and recommendations.
tations and/or that resolution of the (p) Attorneys’ fees of a qualified pre-
controversy will be dependent on his/ vailing contractor are allowable to the
lhorne on DSKJLZT7X2PROD with CFR

her assessment of the credibility of extent permitted by the EAJA, 5 U.S.C.


statements provided by individuals 504(a)(1). See 14 CFR part 14.

125

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00135 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 17.35 14 CFR Ch. I (1–1–22 Edition)

(q) Other than communications re- sharing programs and other similar ar-
garding purely procedural matters or rangements. The parties may elect to
ADR, there shall be no substantive ex employ a mutually acceptable com-
parte communication between ODRA pensated neutral at their expense.
personnel and any principal or rep- (b) The parties using an ADR process
resentative of a party concerning a to resolve a protest shall submit an ex-
pending or potentially pending matter. ecuted ADR agreement containing the
A potential or serving ADR neutral information outlined in paragraph (d)
may communicate on an ex parte basis of this section to the ODRA pursuant
to establish or conduct the ADR. to § 17.17(c). The ODRA may extend this
time for good cause.
Subpart D—Alternative Dispute (c) The parties using an ADR process
Resolution to resolve a contract dispute shall sub-
mit an executed ADR agreement con-
§ 17.35 Use of alternative dispute reso- taining the information outlined in
lution. paragraph (d) of this section to the
(a) By statutory mandate, it is the ODRA pursuant to § 17.29.
policy of the FAA to use voluntary (d) The parties to a protest or con-
ADR to the maximum extent prac- tract dispute who elect to use ADR
ticable to resolve matters pending at must submit to the ODRA an ADR
the ODRA. The ODRA therefore uses agreement setting forth:
voluntary ADR as its primary means of (1) The agreed ADR procedures to be
resolving all factual, legal, and proce- used; and
dural controversies. (2) The name of the neutral. If a com-
(b) The parties are encouraged to pensated neutral is to be used, the
make a good faith effort to explore agreement must address how the cost
ADR possibilities in all cases and to of the neutral’s services will be reim-
employ ADR in every appropriate case. bursed.
The ODRA uses ADR techniques such (e) Non-binding ADR techniques are
as mediation, neutral evaluation, bind- not mutually exclusive, and may be
ing arbitration or variations of these used in combination if the parties
techniques as agreed by the parties and agree that a combination is most ap-
approved by the ODRA. At the begin- propriate to the dispute. The tech-
ning of each case, the ODRA assigns a niques to be employed must be deter-
DRO as a potential neutral to explore mined in advance by the parties and
ADR options with the parties and to shall be expressly described in their
convene an ADR process. See § 17.35(b). ADR agreement. The agreement may
(c) The ODRA Adjudicative Process provide for the use of any fair and rea-
will be used where the parties cannot sonable ADR technique that is de-
achieve agreement on the use of ADR; signed to achieve a prompt resolution
where ADR has been employed but has of the matter. An ADR agreement for
not resolved all pending issues in dis- non-binding ADR shall provide for a
pute; or where the ODRA concludes termination of ADR proceedings and
that ADR will not provide an expedi- the commencement of adjudication
tious means of resolving a particular under the Adjudicative Process, upon
dispute. Even where the Adjudicative the election of any party. Notwith-
Process is to be used, the ODRA, with standing such termination, the parties
the parties’ consent, may employ infor- may still engage with the ODRA in
mal ADR techniques concurrently with ADR techniques (neutral evaluation
the adjudication. and/or informal mediation) concur-
rently with adjudication.
§ 17.37 Election of alternative dispute (f) Binding arbitration is available
resolution process. through the ODRA, subject to the pro-
(a) The ODRA will make its per- visions of applicable law and the ODRA
sonnel available to serve as Neutrals in Binding Arbitration Guidance dated
ADR proceedings and, upon request by October 2001 as developed in consulta-
the parties, will attempt to make tion with the Department of Justice.
lhorne on DSKJLZT7X2PROD with CFR

qualified non-FAA personnel available (g) The parties may, where appro-
to serve as Neutrals through neutral- priate in a given case, submit to the

126

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00136 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 17.53

ODRA a negotiated protective order for filed within ten (10) business days of
use in ADR in accordance with the re- the date of issuance of the public
quirements of § 17.9. version of the subject decision or order.

§ 17.39 Confidentiality of ADR. Subpart F—Other Matters


(a) The provisions of the Administra-
tive Dispute Resolution Act of 1996, 5 § 17.49 Sanctions.
U.S.C. 571, et seq., shall apply to ODRA If any party or its representative
ADR proceedings. fails to comply with an Order or Direc-
(b) The ODRA looks to the principles tive of the ODRA, the ODRA may enter
of Rule 408 of the Federal Rules of Evi- such orders and take such other ac-
dence in deciding admissibility issues tions as it deems necessary and in the
related to ADR communications. interest of justice.
(c) ADR communications are not part
of the administrative record unless § 17.51 Decorum and professional con-
otherwise agreed by the parties. duct.
Legal representatives are expected to
Subpart E—Finality and Review conduct themselves at all times in a
civil and respectful manner appro-
§ 17.41 Final orders. priate to an administrative forum. Ad-
ditionally, counsel are expected to con-
All final FAA orders regarding pro-
duct themselves at all times in a pro-
tests or contract disputes under this
fessional manner and in accordance
part are to be issued by the FAA Ad-
with all applicable rules of professional
ministrator or by a delegee of the Ad-
conduct.
ministrator.
§ 17.53 Orders and subpoenas for testi-
§ 17.43 Judicial review. mony and document production.
(a) A protester or contractor may (a) Parties are encouraged to seek co-
seek review of a final FAA order, pur- operative and voluntary production of
suant to 49 U.S.C. 46110, only after the documents and witnesses prior to re-
administrative remedies of this part questing a subpoena or an order under
have been exhausted. this section.
(b) A copy of the petition for review (b) Upon request by a party, or on his
shall be filed with the ODRA and the or her own initiative, a DRO or Special
FAA Chief Counsel on the date that the Master may, for good cause shown,
petition for review is filed with the ap- order a person to give testimony by
propriate circuit court of appeals. deposition and to produce records. Sec-
tion 46104(c) of Title 49 of the United
§ 17.45 Conforming amendments.
States Code governs the conduct of
The FAA shall amend pertinent pro- depositions or document production.
visions of the AMS, standard contract (c) Upon request by a party, or on his
forms and clauses, and any guidance to or her own initiative, a DRO or Special
contracting officials, so as to conform Master may, for good cause shown, sub-
to the provisions of this part. poena witnesses or records related to a
hearing from any place in the United
§ 17.47 Reconsideration. States to the designated place of a
The ODRA will not entertain re- hearing.
quests for reconsideration as a routine (d) A subpoena or order under this
matter, or where such requests evi- section may be served by a United
dence mere disagreement with a deci- States marshal or deputy marshal, or
sion or restatements of previous argu- by any other person who is not a party
ments. A party seeking reconsideration and not less than 18 years of age. Serv-
must demonstrate either clear errors of ice upon a person named therein shall
fact or law in the underlying decision be made by personally delivering a
or previously unavailable evidence that copy to that person and tendering the
warrants reversal or modification of fees for one day’s attendance and the
lhorne on DSKJLZT7X2PROD with CFR

the decision. In order to be considered, mileage provided by 28 U.S.C. 1821 or


requests for reconsideration must be other applicable law; however, where

127

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00137 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 17.55 14 CFR Ch. I (1–1–22 Edition)

the subpoena is issued on behalf of the tablished in §§ 17.15(a) and 17.27(c) will
Product Team, money payments need not be extended by efforts to resolve
not be tendered in advance of attend- the dispute under this subpart.
ance. The person serving the subpoena
or order shall file a declaration of serv- § 17.59 Filing a Pre-dispute.
ice with the ODRA, executed in the (a) A Pre-dispute must be in writing,
form required by 28 U.S.C. 1746. The affirmatively state that it is a Pre-dis-
declaration of service shall be filed pute pursuant to this subpart, and
promptly with the ODRA, and before shall contain:
the date on which the person served (1) The party’s name, address, tele-
must respond to the subpoena or order. phone and Fax numbers and the name,
(e) Upon written motion by the per- address, telephone and Fax numbers of
son subpoenaed or ordered under this the contractor’s legal representative(s)
section, or by a party, made within ten (if any);
(10) business days after service, but in (2) The contract or solicitation num-
any event not later than the time spec- ber and the name of the Contracting
ified in the subpoena or order for com- Officer;
pliance, the DRO may— (3) A chronological statement of the
(1) Rescind or modify the subpoena or facts and of the legal grounds for the
order if it is unreasonable and oppres- party’s positions regarding the dispute
sive or for other good cause shown, or citing to relevant contract or solicita-
(2) Require the party on whose behalf tion provisions and documents and at-
the subpoena or order was issued to ad- taching copies of those provisions and
vance the reasonable cost of producing documents; and
documentary evidence. Where cir- (4) The signature of a duly authorized
cumstances require, the DRO may act legal representative of the initiating
upon such a motion at any time after a party.
copy has been served upon all parties. (b) Pre-disputes shall be filed with
(f) The party that requests the DRO the ODRA, AGC–70, Federal Aviation
to issue a subpoena or order under this Administration, telephone (202) 267–3290
section shall be responsible for the pay- as follows:
ment of fees and mileage, as required (1) 600 Independence Avenue SW.,
by 49 U.S.C. 46104(d), for witnesses, offi- Room 2W100, Washington, DC 20591 for
cers who serve the order, and the offi- filing by hand delivery, courier or
cer before whom a deposition is taken. other form of in-person delivery;
(g) Subpoenas and orders issued (2) 800 Independence Avenue SW.,
under this section may be enforced in a Washington, DC 20591 [Attention: AGC–
judicial proceeding under 49 U.S.C. 70, Wilbur Wright Bldg., Room 2W100]
46104(b). for filing by U.S. Mail; or
(3) Numbers (202) 267–3720 or alternate
§ 17.55 Standing orders of the ODRA (202) 267–1293 for filing by facsimile.
Director. (c) Upon the filing of a Pre-dispute
The Director may issue such Stand- with the ODRA, the ODRA will contact
ing Orders as necessary for the orderly the opposing party to offer its services
conduct of business before the ODRA. pursuant to § 17.57. If the opposing
party agrees, the ODRA will provide
Subpart G—Pre-Disputes Pre-dispute services. If the opposing
party does not agree, the ODRA Pre-
§ 17.57 Dispute resolution process for dispute file will be closed and no serv-
Pre-disputes. ice will be provided.
(a) All potential disputes arising [76 FR 55221, Sept. 7, 2011, as amended by
under contracts or solicitations with Doc. No. FAA–2017–0075, 82 FR 14429, Mar. 21,
the FAA may be resolved with the con- 2017]
sent of the parties to the dispute under
this subpart. § 17.61 Use of alternative dispute reso-
(b) Pre-disputes shall be filed with lution.
the ODRA pursuant to § 17.59. (a) Only non-binding, voluntary ADR
lhorne on DSKJLZT7X2PROD with CFR

(c) The time limitations for the filing will be used to attempt to resolve a
of Protests and Contract Disputes es- Pre-dispute pursuant to § 17.37.

128

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00138 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 17, App. A

(b) ADR conducted under this sub- (1) Mediation. The neutral or compensated
part is subject to the confidentiality neutral ascertains the needs and interests of
requirements of § 17.39. both parties and facilitates discussions be-
tween or among the parties and an amicable
resolution of their differences, seeking ap-
proaches to bridge the gaps between the par-
ties’’ respective positions. The neutral or
APPENDIX A TO PART 17—ALTERNATIVE compensated neutral can meet with the par-
DISPUTE RESOLUTION (ADR) ties separately, conduct joint meetings with
the parties’’ representatives, or employ both
A. The FAA dispute resolution procedures methods in appropriate cases.
encourage the parties to protests and con- (2) Neutral Evaluation. At any stage during
tract disputes to use ADR as the primary the ADR process, as the parties may agree,
means to resolve protests and contract dis- the neutral or compensated neutral will pro-
putes, pursuant to the Administrative Dis- vide a candid assessment and opinion of the
pute Resolution Act of 1996, Public Law 104– strengths and weaknesses of the parties’’ po-
320, 5 U.S.C. 570–579, and Department of sitions as to the facts and law, so as to facili-
Transportation and FAA policies to utilize tate further discussion and resolution.
ADR to the maximum extent practicable. (3) Binding Arbitration. The ODRA, after
Under the procedures presented in this part, consultation with the United States Depart-
the ODRA encourages parties to consider ment of Justice in accordance with the pro-
ADR techniques such as case evaluation, me- visions of the Administrative Disputes Reso-
diation, or arbitration. lution Act offers true binding arbitration in
B. ADR encompasses a number of processes cases within its jurisdiction. The ODRA’s
and techniques for resolving protests or con- Guidance for the Use of Binding Arbitration
tract disputes. The most commonly used may be found on its website at: http://
types include: www.faa.gov/go/odra.
lhorne on DSKJLZT7X2PROD with CFR

129

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00139 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
SUBCHAPTER C—AIRCRAFT

PART 21—CERTIFICATION PROCE- 21.50 Instructions for continued airworthi-


ness and manufacturer’s maintenance
DURES FOR PRODUCTS AND AR- manuals having airworthiness limita-
TICLES tions sections.
21.51 Duration.
SPECIAL FEDERAL AVIATION REGULATION NO. 21.53 Statement of conformity.
88 21.55 Responsibility of type certificate hold-
ers to provide written licensing agree-
Subpart A—General ments.

Sec. Subpart C—Provisional Type Certificates


21.1 Applicability and definitions.
21.2 Falsification of applications, reports, 21.71 Applicability.
or records. 21.73 Eligibility.
21.3 Reporting of failures, malfunctions, 21.75 Application.
and defects. 21.77 Duration.
21.4 ETOPS reporting requirements. 21.79 Transferability.
21.5 Airplane or Rotorcraft Flight Manual. 21.81 Requirements for issue and amend-
21.6 Manufacture of new aircraft, aircraft ment of Class I provisional type certifi-
engines, and propellers. cates.
21.7 Continued airworthiness and safety im- 21.83 Requirements for issue and amend-
provements for transport category air- ment of Class II provisional type certifi-
planes. cates.
21.85 Provisional amendments to type cer-
21.8 Approval of articles.
tificates.
21.9 Replacement and modification articles.

Subpart B—Type Certificates Subpart D—Changes to Type Certificates


21.91 Applicability.
21.11 Applicability.
21.93 Classification of changes in type de-
21.13 Eligibility.
sign.
21.15 Application for type certificate.
21.95 Approval of minor changes in type de-
21.16 Special conditions.
sign.
21.17 Designation of applicable regulations.
21.97 Approval of major changes in type de-
21.19 Changes requiring a new type certifi- sign.
cate.
21.99 Required design changes.
21.20 Compliance with applicable require- 21.101 Designation of applicable regulations.
ments.
21.21 Issue of type certificate: normal, util- Subpart E—Supplemental Type Certificates
ity, acrobatic, commuter, and transport
category aircraft; manned free balloons; 21.111 Applicability.
special classes of aircraft; aircraft en- 21.113 Requirement for supplemental type
gines; propellers. certificate.
21.23 [Reserved] 21.115 Applicable requirements.
21.24 Issuance of type certificate: primary 21.117 Issue of supplemental type certifi-
category aircraft. cates.
21.25 Issue of type certificate: Restricted 21.119 Privileges.
category aircraft. 21.120 Responsibility of supplemental type
21.27 Issue of type certificate: surplus air- certificate holders to provide written
craft of the Armed Forces. permission for alterations.
21.29 Issue of type certificate: import prod-
ucts. Subpart F—Production Under Type
21.31 Type design. Certificate
21.33 Inspection and tests.
21.35 Flight tests. 21.121 Applicability.
21.37 Flight test pilot. 21.122 Location of or change to manufac-
21.39 Flight test instrument calibration and turing facilities.
correction report. 21.123 Production under type certificate.
21.41 Type certificate. 21.125 [Reserved]
21.43 Location of manufacturing facilities. 21.127 Tests: aircraft.
21.45 Privileges. 21.128 Tests: aircraft engines.
lhorne on DSKJLZT7X2PROD with CFR

21.47 Transferability. 21.129 Tests: propellers.


21.49 Availability. 21.130 Statement of conformity.

130

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00140 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 21

Subpart G—Production Certificates 21.225 Provisional airworthiness certificates


corresponding with provisional amend-
21.131 Applicability. ments to type certificates.
21.132 Eligibility.
21.133 Application. Subpart J [Reserved]
21.135 Organization.
21.137 Quality system. Subpart K—Parts Manufacturer Approvals
21.138 Quality manual.
21.139 Location of or change to manufac- 21.301 Applicability.
turing facilities. 21.303 Application.
21.140 Inspections and tests. 21.305 Organization.
21.141 Issuance. 21.307 Quality system.
21.142 Production limitation record.
21.308 Quality manual.
21.143 Duration.
21.144 Transferability. 21.309 Location of or change to manufac-
21.145 Privileges. turing facilities.
21.146 Responsibility of holder. 21.310 Inspections and tests.
21.147 Amendment of production certifi- 21.311 Issuance.
cates. 21.313 Duration.
21.150 Changes in quality system. 21.314 Transferability.
21.316 Responsibility of holder.
Subpart H—Airworthiness Certificates 21.319 Design changes.
21.320 Changes in quality system.
21.171 Applicability.
21.173 Eligibility.
Subpart L—Export Airworthiness Approvals
21.175 Airworthiness certificates: classifica-
tion. 21.321 Applicability.
21.177 Amendment or modification. 21.325 Export airworthiness approvals.
21.179 Transferability. 21.327 Application.
21.181 Duration.
21.329 Issuance of export certificates of air-
21.182 Aircraft identification.
worthiness.
21.183 Issue of standard airworthiness cer-
tificates for normal, utility, acrobatic, 21.331 Issuance of export airworthiness ap-
commuter, and transport category air- provals for aircraft engines, propellers,
craft; manned free balloons; and special and articles.
classes of aircraft. 21.335 Responsibilities of exporters.
21.184 Issue of special airworthiness certifi-
cates for primary category aircraft. Subpart M [Reserved]
21.185 Issue of airworthiness certificates for
restricted category aircraft. Subpart N—Acceptance of Aircraft
21.187 Issue of multiple airworthiness cer- Engines, Propellers, and Articles for Import
tification.
21.189 Issue of airworthiness certificate for 21.500 Acceptance of aircraft engines and
limited category aircraft. propellers.
21.190 Issue of a special airworthiness cer- 21.502 Acceptance of articles.
tificate for a light-sport category air-
craft. Subpart O—Technical Standard Order
21.191 Experimental certificates. Approvals
21.193 Experimental certificates: general.
21.195 Experimental certificates: Aircraft to 21.601 Applicability and definitions.
be used for market surveys, sales dem- 21.603 Application.
onstrations, and customer crew training. 21.605 Organization.
21.197 Special flight permits. 21.607 Quality system.
21.199 Issue of special flight permits. 21.608 Quality manual.
21.609 Location of or change to manufac-
Subpart I—Provisional Airworthiness turing facilities.
Certificates 21.610 Inspections and tests.
21.611 Issuance.
21.211 Applicability.
21.213 Eligibility. 21.613 Duration.
21.215 Application. 21.614 Transferability.
21.217 Duration. 21.616 Responsibility of holder.
21.219 Transferability. 21.618 Approval for deviation.
21.221 Class I provisional airworthiness cer- 21.619 Design changes.
21.620 Changes in quality system.
lhorne on DSKJLZT7X2PROD with CFR

tificates.
21.223 Class II provisional airworthiness cer- 21.621 Issue of letters of TSO design ap-
tificates. proval: Import articles.

131

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00141 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Pt. 21, SFAR No. 88 14 CFR Ch. I (1–1–22 Edition)

Subpart P—Special Federal Aviation acceptable level of safety, and the resulting
Regulations level of safety.
(b) Develop all maintenance and inspection
21.700 SFAR No. 111—Lavatory oxygen sys- instructions necessary to maintain the de-
tems. sign features required to preclude the exist-
ence or development of an ignition source
AUTHORITY: 42 U.S.C. 7572; 49 U.S.C. 106(f), within the fuel tank system of the airplane.
106(g), 40105, 40113, 44701–44702, 44704, 44707, (c) Submit a report for approval to the re-
44709, 44711, 44713, 44715, 45303. sponsible Aircraft Certification Service of-
EDITORIAL NOTES: 1. For miscellaneous fice for the affected airplane, that:
(1) Provides substantiation that the air-
amendments to cross references in this 21 see
plane fuel tank system design, including all
Amdt. 21–10, 31 FR 9211, July 6, 1966.
necessary design changes, meets the require-
2. Nomenclature changes to part 21 appear ments of §§ 25.901 and 25.981(a) and (b) of this
at 74 FR 53384, Oct. 16, 2009. chapter; and
(2) Contains all maintenance and inspec-
SPECIAL FEDERAL AVIATION REGULATION tion instructions necessary to maintain the
NO. 88—FUEL TANK SYSTEM FAULT design features required to preclude the ex-
TOLERANCE EVALUATION REQUIRE- istence or development of an ignition source
MENTS within the fuel tank system throughout the
operational life of the airplane.
1. Applicability. This SFAR applies to the (d) The responsible Aircraft Certification
holders of type certificates, and supple- Service office for the affected airplane, may
mental type certificates that may affect the approve a report submitted in accordance
airplane fuel tank system, for turbine-pow- with paragraph 2(c) if it determines that any
ered transport category airplanes, provided provisions of this SFAR not complied with
the type certificate was issued after January are compensated for by factors that provide
1, 1958, and the airplane has either a max- an equivalent level of safety.
imum type certificated passenger capacity of (e) Each type certificate holder must com-
30 or more, or a maximum type certificated ply no later than December 6, 2002, or within
payload capacity of 7,500 pounds or more. 18 months after the issuance of a type cer-
This SFAR also applies to applicants for tificate for which application was filed be-
type certificates, amendments to a type cer- fore June 6, 2001, whichever is later; and each
tificate, and supplemental type certificates supplemental type certificate holder of a
affecting the fuel tank systems for those air- modification affecting the airplane fuel tank
planes identified above, if the application system must comply no later than June 6,
was filed before June 6, 2001, the effective 2003, or within 18 months after the issuance
date of this SFAR, and the certificate was of a supplemental type certificate for which
not issued before June 6, 2001. application was filed before June 6, 2001,
whichever is later.
2. Compliance: Each type certificate holder,
and each supplemental type certificate hold- [Doc. No. 1999–6411, 66 FR 23129, May 7, 2001,
er of a modification affecting the airplane as amended by Amdt. 21–82, 67 FR 57493, Sept.
fuel tank system, must accomplish the fol- 10, 2002; 67 FR 70809, Nov. 26, 2002; Amdt. 21–
lowing within the compliance times specified 83, 67 FR 72833, Dec. 9, 2002; Doc. No. FAA–
in paragraph (e) of this section: 2018–0119, Amdt. 21–101, 83 FR 9169, Mar. 5,
(a) Conduct a safety review of the airplane 2018]
fuel tank system to determine that the de-
sign meets the requirements of §§ 25.901 and Subpart A—General
25.981(a) and (b) of this chapter. If the cur-
rent design does not meet these require- § 21.1 Applicability and definitions.
ments, develop all design changes to the fuel
tank system that are necessary to meet (a) This part prescribes—
these requirements. The responsible Aircraft (1) Procedural requirements for
Certification Service office for the affected issuing and changing—
airplane may grant an extension of the 18- (i) Design approvals;
month compliance time for development of (ii) Production approvals;
design changes if: (iii) Airworthiness certificates; and
(1) The safety review is completed within (iv) Airworthiness approvals;
the compliance time;
(2) Rules governing applicants for,
(2) Necessary design changes are identified
within the compliance time; and
and holders of, any approval or certifi-
(3) Additional time can be justified, based
cate specified in paragraph (a)(1) of
on the holder’s demonstrated aggressiveness this section; and
(3) Procedural requirements for the
lhorne on DSKJLZT7X2PROD with CFR

in performing the safety review, the com-


plexity of the necessary design changes, the approval of articles.
availability of interim actions to provide an (b) For the purposes of this part—

132

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00142 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 21.3

(1) Airworthiness approval means a ture of, or installed on, a product or ar-
document, issued by the FAA for an ticle.
aircraft, aircraft engine, propeller, or [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
article, which certifies that the air- 53384, Oct. 16, 2009; Doc. No. FAA–2013–0933,
craft, aircraft engine, propeller, or ar- Amdt. 21–98, 80 FR 59031, Oct. 1, 2015; Amdt.
ticle conforms to its approved design 21–98A, 80 FR 59031, Dec. 17, 2015; Docket
and is in a condition for safe operation, FAA–2015–0150, Amdt. 21–99, 81 FR 42207, June
unless otherwise specified; 28, 2016; Docket FAA–2018–1087, Amdt. 21–105,
(2) Article means a material, part, 86 FR 4381, Jan. 15, 2021]
component, process, or appliance; § 21.2 Falsification of applications, re-
(3) Commercial part means an article ports, or records.
that is listed on an FAA-approved
(a) A person may not make or cause
Commercial Parts List included in a
to be made—
design approval holder’s Instructions
(1) Any fraudulent, intentionally
for Continued Airworthiness required
false, or misleading statement on any
by § 21.50;
application for a certificate or ap-
(4) Design approval means a type cer- proval under this part;
tificate (including amended and supple- (2) Any fraudulent, intentionally
mental type certificates) or the ap- false, or misleading statement in any
proved design under a PMA, TSO au- record or report that is kept, made, or
thorization, letter of TSO design ap- used to show compliance with any re-
proval, or other approved design; quirement of this part;
(5) Interface component means an arti- (3) Any reproduction for a fraudulent
cle that serves as a functional interface purpose of any certificate or approval
between an aircraft and an aircraft en- issued under this part.
gine, an aircraft engine and a propeller, (4) Any alteration of any certificate
or an aircraft and a propeller. An inter- or approval issued under this part.
face component is designated by the (b) The commission by any person of
holder of the type certificate or the an act prohibited under paragraph (a)
supplemental type certificate who con- of this section is a basis for—
trols the approved design data for that (1) Denying issuance of any certifi-
article; cate or approval under this part; and
(6) Product means an aircraft, aircraft (2) Suspending or revoking any cer-
engine, or propeller; tificate or approval issued under this
(7) Production approval means a docu- part and held by that person.
ment issued by the FAA to a person
[Doc. No. 23345, 57 FR 41367, Sept. 9, 1992, as
that allows the production of a product amended by Amdt. 21–92, 74 FR 53384, Oct. 16,
or article in accordance with its ap- 2009; Amdt. 21–92A, 75 FR 9095, Mar. 1, 2010]
proved design and approved quality
system, and can take the form of a pro- § 21.3 Reporting of failures, malfunc-
duction certificate, a PMA, or a TSO tions, and defects.
authorization; (a) The holder of a type certificate
(8) State of Design means the country (including amended or supplemental
or jurisdiction having regulatory au- type certificates), a PMA, or a TSO au-
thority over the organization respon- thorization, or the licensee of a type
sible for the design and continued air- certificate must report any failure,
worthiness of a civil aeronautical prod- malfunction, or defect in any product
uct or article; or article manufactured by it that it
(9) State of Manufacture means the determines has resulted in any of the
country or jurisdiction having regu- occurrences listed in paragraph (c) of
latory authority over the organization this section.
responsible for the production and air- (b) The holder of a type certificate
worthiness of a civil aeronautical prod- (including amended or supplemental
uct or article. type certificates), a PMA, or a TSO au-
(10) Supplier means a person at any thorization, or the licensee of a type
tier in the supply chain who provides a certificate must report any defect in
lhorne on DSKJLZT7X2PROD with CFR

product, article, or service that is used any product or article manufactured by


or consumed in the design or manufac- it that has left its quality system and

133

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00143 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
§ 21.3 14 CFR Ch. I (1–1–22 Edition)

that it determines could result in any (iii) Were reported under the accident
of the occurrences listed in paragraph reporting provisions of 49 CFR part 830
(c) of this section. of the regulations of the National
(c) The following occurrences must Transportation Safety Board.
be reported as provided in paragraphs (2) Failures, malfunctions, or defects
(a) and (b) of this section: in products or articles—
(1) Fires caused by a system or equip- (i) Manufactured by a foreign manu-
ment failure, malfunction, or defect. facturer under a U.S. type certificate
(2) An engine exhaust system failure, issued under § 21.29 or under an ap-
malfunction, or defect which causes proval issued under § 21.621; or
damage to the engine, adjacent aircraft (ii) Exported to the United States
structure, equipment, or components.
under § 21.502.
(3) The accumulation or circulation
(e) Each report required by this sec-
of toxic or noxious gases in the crew
tion—
compartment or passenger cabin.
(4) A malfunction, failure, or defect (1) Must be made to the FAA within
of a propeller control system. 24 hours after it has determined that
(5) A propeller or rotorcraft hub or the failure, malfunction, or defect re-
blade structural failure. quired to be reported has occurred.
(6) Flammable fluid leakage in areas However, a report that is due on a Sat-
where an ignition source normally ex- urday or a Sunday may be delivered on
ists. the following Monday and one that is
(7) A brake system failure caused by due on a holiday may be delivered on
structural or material failure during the next workday;
operation. (2) Must be transmitted in a manner
(8) A significant aircraft primary and form acceptable to the FAA and by
structural defect or failure caused by the most expeditious method available;
any autogenous condition (fatigue, un- and
derstrength, corrosion, etc.). (3) Must include as much of the fol-
(9) Any abnormal vibration or buf- lowing information as is available and
feting caused by a structural or system applicable:
malfunction, defect, or failure. (i) The applicable product and article
(10) An engine failure. identification information required by
(11) Any structural or flight control part 45 of this chapter;
system malfunction, defect, or failure (ii) Identification of the system in-
which causes an interference with nor- volved; and
mal control of the aircraft for which (iii) Nature of the failure, malfunc-
derogates the flying qualities. tion, or defect.
(12) A complete loss of more than one (f) If an accident investigation or
electrical power generating system or
service difficulty report shows that a
hydraulic power system during a given
product or article manufactured under
operation of the aircraft.
this part is unsafe because of a manu-
(13) A failure or malfunction of more
facturing or design data defect, the
than one attitude, airspeed, or altitude
instrument during a given operation of holder of the production approval for
the aircraft. that product or article must, upon re-
(d) The requirements of paragraph (a) quest of the FAA, report to the FAA
of this section do not apply to— the results of its investigation and any
(1) Failures, malfunctions, or defects action taken or proposed by the holder
that the holder of a type certificate of that production approval to correct
(including amended or supplemental that defect. If action is required to cor-
type certificates), PMA, TSO author- rect the defect in an existing product
ization, or the licensee of a type cer-
tificate determines—
(i) Were caused by improper mainte-
nance or use;
lhorne on DSKJLZT7X2PROD with CFR

(ii) Were reported to the FAA by an-


other person under this chapter; or

134

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00144 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 21.4

or article, the holder of that produc- (ii) A change in a manufacturing


tion approval must send the data nec- process;
essary for issuing an appropriate air- (iii) A change in an operating or
worthiness directive to the FAA. maintenance procedure; or
[Amdt. 21–36, 35 FR 18187, Nov. 28, 1970, as (iv) Any other solution acceptable to
amended by Amdt. 21–37, 35 FR 18450, Dec. 4, the FAA.
1970; Amdt. 21–50, 45 FR 38346, June 9, 1980; (2) For an airplane with more than
Amdt. 21–67, 54 FR 39291, Sept. 25, 1989; Amdt.
two engines, the system must be in
21–92, 74 FR 53385, Oct. 16, 2009; Doc. No.
FAA–2018–0119, Amdt. 21–101, 83 FR 9169, Mar. place for the first 250,000 world fleet en-
5, 2018] gine-hours for the approved airplane-
engine combination.
§ 21.4 ETOPS reporting requirements. (3) For two-engine airplanes, the sys-
(a) Early ETOPS: reporting, tracking, tem must be in place for the first
and resolving problems. The holder of a 250,000 world fleet engine-hours for the
type certificate for an airplane-engine approved airplane-engine combination
combination approved using the Early and after that until—
ETOPS method specified in part 25, Ap- (i) The world fleet 12-month rolling
pendix K, of this chapter must use a average IFSD rate is at or below the
system for reporting, tracking, and re- rate required by paragraph (b)(2) of this
solving each problem resulting in one section; and
of the occurrences specified in para-
(ii) The FAA determines that the
graph (a)(6) of this section.
(1) The system must identify how the rate is stable.
type certificate holder will promptly (4) For an airplane-engine combina-
identify problems, report them to the tion that is a derivative of an airplane-
responsible Aircraft Certification Serv- engine combination previously ap-
ice office, and propose a solution to the proved for ETOPS, the system need
FAA to resolve each problem. A pro- only address those problems specified
posed solution must consist of— in the following table, provided the
(i) A change in the airplane or engine type certificate holder obtains prior
type design; authorization from the FAA:
If the change does not require a new airplane type certificate Then the Problem Tracking and Resolution System must ad-
and . . . dress . . .

(i) Requires a new engine type certificate .................................. All problems applicable to the new engine installation, and for
the remainder of the airplane, problems in changed systems
only.
(ii) Does not require a new engine type certificate ..................... Problems in changed systems only.

(5) The type certificate holder must (v) Degraded ability to start an en-
identify the sources and content of gine in flight.
data that it will use for its system. The (vi) Inadvertent fuel loss or unavail-
data must be adequate to evaluate the ability, or uncorrectable fuel imbal-
specific cause of any in-service problem ance in flight.
reportable under this section or § 21.3(c) (vii) Turn backs or diversions for fail-
that could affect the safety of ETOPS. ures, malfunctions, or defects associ-
(6) In implementing this system, the ated with an ETOPS group 1 signifi-
type certificate holder must report the cant system.
following occurrences: (viii) Loss of any power source for an
(i) IFSDs, except planned IFSDs per- ETOPS group 1 significant system, in-
formed for flight training. cluding any power source designed to
(ii) For two-engine airplanes, IFSD provide backup power for that system.
rates. (ix) Any event that would jeopardize
(iii) Inability to control an engine or the safe flight and landing of the air-
obtain desired thrust or power. plane on an ETOPS flight.
lhorne on DSKJLZT7X2PROD with CFR

(iv) Precautionary thrust or power (x) Any unscheduled engine removal


reductions. for a condition that could result in one

135

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00145 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
§ 21.5 14 CFR Ch. I (1–1–22 Edition)

of the reportable occurrences listed in configuration, maintenance and proce-


this paragraph. dures (CMP) document as a condition
(b) Reliability of two-engine airplanes— for ETOPS approval, the rate to be
(1) Reporting of two-engine airplane in- maintained is at or below 0.02 per 1,000
service reliability. The holder of a type world-fleet engine-hours.
certificate for an airplane approved for (ii) A rate of 0.02 per 1,000 world-fleet
ETOPS and the holder of a type certifi- engine-hours for an airplane-engine
cate for an engine installed on an air- combination approved for up to and in-
plane approved for ETOPS must report cluding 180-minute ETOPS, including
monthly to their respective Aircraft airplane-engine combinations approved
Certification Service office on the reli- for 207-minute ETOPS in the North Pa-
ability of the world fleet of those air- cific operating area under appendix P,
planes and engines. The report pro- section I, paragraph (h), of part 121 of
vided by both the airplane and engine this chapter.
type certificate holders must address (iii) A rate of 0.01 per 1,000 world-fleet
each airplane-engine combination ap- engine-hours for an airplane-engine
proved for ETOPS. The FAA may ap- combination approved for ETOPS be-
prove quarterly reporting if the air- yond 180 minutes, excluding airplane-
plane-engine combination dem- engine combinations approved for 207-
onstrates an IFSD rate at or below minute ETOPS in the North Pacific op-
those specified in paragraph (b)(2) of erating area under appendix P, section
this section for a period acceptable to I, paragraph (h), of part 121 of this
the FAA. This reporting may be com- chapter.
bined with the reporting required by [Doc. No. FAA–2002–6717, 72 FR 1872, Jan. 16,
§ 21.3. The responsible type certificate 2007, as amended by Doc. No. FAA–2018–0119,
holder must investigate any cause of Amdt. 21–101, 83 FR 9169, Mar. 5, 2018]
an IFSD resulting from an occurrence
attributable to the design of its prod- § 21.5 Airplane or Rotorcraft Flight
uct and report the results of that in- Manual.
vestigation to its responsible Aircraft (a) With each airplane or rotorcraft
Certification Service office. Reporting not type certificated with an Airplane
must include: or Rotorcraft Flight Manual and hav-
(i) Engine IFSDs, except planned ing no flight time before March 1, 1979,
IFSDs performed for flight training. the holder of a type certificate (includ-
(ii) The world fleet 12-month rolling ing amended or supplemental type cer-
average IFSD rates for all causes, ex- tificates) or the licensee of a type cer-
cept planned IFSDs performed for tificate must make available to the
flight training. owner at the time of delivery of the
(iii) ETOPS fleet utilization, includ- aircraft a current approved Airplane or
ing a list of operators, their ETOPS di- Rotorcraft Flight Manual.
version time authority, flight hours, (b) The Airplane or Rotorcraft Flight
and cycles. Manual required by paragraph (a) of
(2) World fleet IFSD rate for two-engine this section must contain the following
airplanes. The holder of a type certifi- information:
cate for an airplane approved for (1) The operating limitations and in-
ETOPS and the holder of a type certifi- formation required to be furnished in
cate for an engine installed on an air- an Airplane or Rotorcraft Flight Man-
plane approved for ETOPS must issue ual or in manual material, markings,
service information to the operators of and placards, by the applicable regula-
those airplanes and engines, as appro- tions under which the airplane or
priate, to maintain the world fleet 12- rotorcraft was type certificated.
month rolling average IFSD rate at or (2) The maximum ambient atmos-
below the following levels: pheric temperature for which engine
(i) A rate of 0.05 per 1,000 world-fleet cooling was demonstrated must be
engine-hours for an airplane-engine stated in the performance information
combination approved for up to and in- section of the Flight Manual, if the ap-
cluding 120-minute ETOPS. When all plicable regulations under which the
lhorne on DSKJLZT7X2PROD with CFR

ETOPS operators have complied with aircraft was type certificated do not re-
the corrective actions required in the quire ambient temperature on engine

136

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00146 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 21.9

cooling operating limitations in the sponsible for final assembly of the air-
Flight Manual. plane.
[Amdt. 21–46, 43 FR 2316, Jan. 16, 1978, as [Doc. No. FAA–2004–18379, Amdt. 21–90, 72 FR
amended by Amdt. 21–92, 74 FR 53385, Oct. 16, 63404, Nov. 8, 2007]
2009]
§ 21.8 Approval of articles.
§ 21.6 Manufacture of new aircraft, air- If an article is required to be ap-
craft engines, and propellers.
proved under this chapter, it may be
(a) Except as specified in paragraphs approved—
(b) and (c) of this section, no person (a) Under a PMA;
may manufacture a new aircraft, air- (b) Under a TSO;
craft engine, or propeller based on a (c) In conjunction with type certifi-
type certificate unless the person— cation procedures for a product; or
(1) Is the holder of the type certifi- (d) In any other manner approved by
cate or has a licensing agreement from the FAA.
the holder of the type certificate to
[Doc. No. FAA–2006–5877, Amdt. 21–92, 74 FR
manufacture the product; and
53385, Oct. 16, 2009]
(2) Meets the requirements of subpart
F or G of this part. § 21.9 Replacement and modification
(b) A person may manufacture one articles.
new aircraft based on a type certificate (a) If a person knows, or should
without meeting the requirements of know, that a replacement or modifica-
paragraph (a) of this section if that tion article is reasonably likely to be
person can provide evidence acceptable installed on a type-certificated prod-
to the FAA that the manufacture of uct, the person may not produce that
the aircraft by that person began be- article unless it is—
fore August 5, 2004. (1) Produced under a type certificate;
(c) The requirements of this section (2) Produced under an FAA produc-
do not apply to— tion approval;
(1) New aircraft imported under the (3) A standard part (such as a nut or
provisions of §§ 21.183(c), 21.184(b), or bolt) manufactured in compliance with
21.185(c); and a government or established industry
(2) New aircraft engines or propellers specification;
imported under the provisions of (4) A commercial part as defined in
§ 21.500. § 21.1 of this part;
[Doc. No. FAA–2003–14825, 71 FR 52258, Sept. (5) Produced by an owner or operator
1, 2006] for maintaining or altering that owner
or operator’s product;
§ 21.7 Continued airworthiness and (6) Fabricated by an appropriately
safety improvements for transport rated certificate holder with a quality
category airplanes. system, and consumed in the repair or
(a) On or after December 10, 2007, the alteration of a product or article in ac-
holder of a design approval and an ap- cordance with part 43 of this chapter;
plicant for a design approval must or
comply with the applicable continued (7) Produced in any other manner ap-
airworthiness and safety improvement proved by the FAA.
requirements of part 26 of this sub- (b) Except as provided in paragraphs
chapter. (a)(1) through (a)(2) of this section, a
(b) For new transport category air- person who produces a replacement or
planes manufactured under the author- modification article for sale may not
ity of the FAA, the holder or licensee represent that part as suitable for in-
of a type certificate must meet the ap- stallation on a type-certificated prod-
plicable continued airworthiness and uct.
safety improvement requirements spec- (c) Except as provided in paragraphs
ified in part 26 of this subchapter for (a)(1) through (a)(2) of this section, a
new production airplanes. Those re- person may not sell or represent an ar-
lhorne on DSKJLZT7X2PROD with CFR

quirements only apply if the FAA has ticle as suitable for installation on an
jurisdiction over the organization re- aircraft type-certificated under

137

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00147 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
§ 21.11 14 CFR Ch. I (1–1–22 Edition)

§§ 21.25(a)(2) or 21.27 unless that arti- aircraft, aircraft engine or propeller,


cle— he prescribes special conditions and
(1) Was declared surplus by the U.S. amendments thereto for the product.
Armed Forces, and The special conditions are issued in ac-
(2) Was intended for use on that air- cordance with Part 11 of this chapter
craft model by the U.S. Armed Forces. and contain such safety standards for
[Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
the aircraft, aircraft engine or pro-
53385, Oct. 16, 2009; Amdt. 21–92A, 75 FR 9095, peller as the FAA finds necessary to es-
Mar. 1, 2010; Doc. No. FAA–2015–1621, Amdt. tablish a level of safety equivalent to
21–100, 81 FR 96688, Dec. 30, 2016] that established in the regulations.
[Amdt. 21–19, 32 FR 17851, Dec. 13, 1967, as
Subpart B—Type Certificates amended by Amdt. 21–51, 45 FR 60170, Sept.
11, 1980]
SOURCE: Docket No. 5085, 29 FR 14564, Oct.
24, 1964, unless otherwise noted.
§ 21.17 Designation of applicable regu-
lations.
§ 21.11 Applicability. (a) Except as provided in §§ 25.2, 27.2,
This subpart prescribes— 29.2, and in parts 26, 34, and 36 of this
(a) Procedural requirements for the subchapter, an applicant for a type cer-
issue of type certificates for aircraft, tificate must show that the aircraft,
aircraft engines, and propellers; and aircraft engine, or propeller concerned
(b) Rules governing the holders of meets—
those certificates. (1) The applicable requirements of
this subchapter that are effective on
§ 21.13 Eligibility. the date of application for that certifi-
Any interested person may apply for cate unless—
a type certificate. (i) Otherwise specified by the FAA; or
(ii) Compliance with later effective
[Amdt. 21–25, 34 FR 14068, Sept. 5, 1969] amendments is elected or required
under this section; and
§ 21.15 Application for type certificate. (2) Any special conditions prescribed
(a) An application for a type certifi- by the FAA.
cate is made on a form and in a manner (b) For special classes of aircraft, in-
prescribed by the FAA. cluding the engines and propellers in-
(b) An application for an aircraft stalled thereon (e.g., gliders, airships,
type certificate must be accompanied and other nonconventional aircraft),
by a three-view drawing of that air- for which airworthiness standards have
craft and available preliminary basic not been issued under this subchapter,
data. the applicable requirements will be the
(c) An application for an aircraft en- portions of those other airworthiness
gine type certificate must be accom- requirements contained in Parts 23, 25,
panied by a description of the engine 27, 29, 31, 33, and 35 found by the FAA
design features, the engine operating to be appropriate for the aircraft and
characteristics, and the proposed en- applicable to a specific type design, or
gine operating limitations. such airworthiness criteria as the FAA
[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
may find provide an equivalent level of
amended by Amdt. 21–40, 39 FR 35459, Oct. 1, safety to those parts.
1974; Amdt. 21–67, 54 FR 39291, Sept. 25, 1989; (c) An application for type certifi-
Amdt. 21–92, 74 FR 53385, Oct. 16, 2009; Doc. cation of a transport category aircraft
No. FAA–2018–0119, Amdt. 21–101, 83 FR 9169, is effective for 5 years and an applica-
Mar. 5, 2018] tion for any other type certificate is ef-
fective for 3 years, unless an applicant
§ 21.16 Special conditions. shows at the time of application that
If the FAA finds that the airworthi- his product requires a longer period of
ness regulations of this subchapter do time for design, development, and test-
not contain adequate or appropriate ing, and the FAA approves a longer pe-
safety standards for an aircraft, air- riod.
lhorne on DSKJLZT7X2PROD with CFR

craft engine, or propeller because of a (d) In a case where a type certificate


novel or unusual design feature of the has not been issued, or it is clear that

138

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00148 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 21.21

a type certificate will not be issued, compliance with the applicable regula-
within the time limit established under tions is required.
paragraph (c) of this section, the appli-
[Doc. No. 28903, 65 FR 36265, June 7, 2000]
cant may—
(1) File a new application for a type § 21.20 Compliance with applicable re-
certificate and comply with all the pro- quirements.
visions of paragraph (a) of this section
applicable to an original application; The applicant for a type certificate,
or including an amended or supplemental
type certificate, must—
(2) File for an extension of the origi-
nal application and comply with the (a) Show compliance with all applica-
applicable airworthiness requirements ble requirements and must provide the
of this subchapter that were effective FAA the means by which such compli-
on a date, to be selected by the appli- ance has been shown; and
cant, not earlier than the date which (b) Provide a statement certifying
precedes the date of issue of the type that the applicant has complied with
certificate by the time limit estab- the applicable requirements.
lished under paragraph (c) of this sec- [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
tion for the original application. 53385, Oct. 16, 2009]
(e) If an applicant elects to comply
with an amendment to this subchapter § 21.21 Issue of type certificate: nor-
that is effective after the filing of the mal, utility, acrobatic, commuter,
application for a type certificate, he and transport category aircraft;
must also comply with any other manned free balloons; special class-
amendment that the FAA finds is di- es of aircraft; aircraft engines; pro-
pellers.
rectly related.
(f) For primary category aircraft, the An applicant is entitled to a type cer-
requirements are: tificate for an aircraft in the normal,
(1) The applicable airworthiness re- utility, acrobatic, commuter, or trans-
quirements contained in parts 23, 27, 31, port category, or for a manned free bal-
33, and 35 of this subchapter, or such loon, special class of aircraft, or an air-
other airworthiness criteria as the craft engine or propeller, if—
FAA may find appropriate and applica- (a) The product qualifies under § 21.27;
ble to the specific design and intended or
use and provide a level of safety ac- (b) The applicant submits the type
ceptable to the FAA. design, test reports, and computations
(2) The noise standards of part 36 ap- necessary to show that the product to
plicable to primary category aircraft. be certificated meets the applicable
airworthiness, aircraft noise, fuel vent-
[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
amended by Amdt. 21–19, 32 FR 17851, Dec. 13, ing, and exhaust emission require-
1967; Amdt. 21–24, 34 FR 364, Jan. 10, 1969; ments of this subchapter and any spe-
Amdt. 21–42, 40 FR 1033, Jan. 6, 1975; Amdt. cial conditions prescribed by the FAA,
21–58, 50 FR 46877, Nov. 13, 1985; Amdt. 21–60, and the FAA finds—
52 FR 8042, Mar. 13, 1987; Amdt. 21–68, 55 FR (1) Upon examination of the type de-
32860, Aug. 10, 1990; Amdt. 21–69, 56 FR 41051,
sign, and after completing all tests and
Aug. 16, 1991; Amdt. 21–70, 57 FR 41367, Sept.
9, 1992; Amdt. 21–90, 72 FR 63404, Nov. 8, 2007; inspections, that the type design and
Doc. No. FAA–2015–1621, Amdt. 21–100, 81 FR the product meet the applicable noise,
96688, Dec. 30, 2016] fuel venting, and emissions require-
ments of this subchapter, and further
§ 21.19 Changes requiring a new type finds that they meet the applicable air-
certificate. worthiness requirements of this sub-
Each person who proposes to change chapter or that any airworthiness pro-
a product must apply for a new type visions not complied with are com-
certificate if the FAA finds that the pensated for by factors that provide an
proposed change in design, power, equivalent level of safety; and
lhorne on DSKJLZT7X2PROD with CFR

thrust, or weight is so extensive that a (2) For an aircraft, that no feature or


substantially complete investigation of characteristic makes it unsafe for the

139

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00149 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
§ 21.23 14 CFR Ch. I (1–1–22 Edition)

category in which certification is re- (iv) A report that: summarizes how


quested. compliance with each provision of the
type certification basis was deter-
[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
amended by Amdt. 21–15, 32 FR 3735, Mar. 4, mined; lists the specific documents in
1967; Amdt. 21–27, 34 FR 18368, Nov. 18, 1969; which the type certification data infor-
Amdt. 21–60, 52 FR 8042, Mar. 13, 1987; Amdt. mation is provided; lists all necessary
21–68, 55 FR 32860, Aug. 10, 1990; Amdt. 21–92, drawings and documents used to define
74 FR 53385, Oct. 16, 2009] the type design; and lists all the engi-
neering reports on tests and computa-
§ 21.23 [Reserved] tions that the applicant must retain
and make available under § 21.49 to sub-
§ 21.24 Issuance of type certificate: pri-
mary category aircraft. stantiate compliance with the applica-
ble airworthiness standards.
(a) The applicant is entitled to a type (3) The FAA finds that—
certificate for an aircraft in the pri- (i) The aircraft complies with those
mary category if— applicable airworthiness requirements
(1) The aircraft— approved under § 21.17(f) of this part;
(i) Is unpowered; is an airplane pow- and
ered by a single, naturally aspirated (ii) The aircraft has no feature or
engine with a 61-knot or less Vso stall characteristic that makes it unsafe for
speed as determined under part 23 of its intended use.
this chapter; or is a rotorcraft with a 6-
(b) An applicant may include a spe-
pound per square foot main rotor disc
cial inspection and preventive mainte-
loading limitation, under sea level
nance program as part of the aircraft’s
standard day conditions;
type design or supplemental type de-
(ii) Weighs not more than 2,700
sign.
pounds; or, for seaplanes, not more
than 3,375 pounds; (c) For aircraft manufactured outside
of the United States in a country with
(iii) Has a maximum seating capacity
which the United States has a bilateral
of not more than four persons, includ-
airworthiness agreement for the ac-
ing the pilot; and
ceptance of these aircraft, and from
(iv) Has an unpressurized cabin.
which the aircraft is to be imported
(2) The applicant has submitted—
into the United States—
(i) Except as provided by paragraph
(c) of this section, a statement, in a (1) The statement required by para-
form and manner acceptable to the graph (a)(2)(i) of this section must be
FAA, certifying that: the applicant has made by the civil airworthiness au-
completed the engineering analysis thority of the exporting country; and
necessary to demonstrate compliance (2) The required manuals, placards,
with the applicable airworthiness re- listings, instrument markings, and
quirements; the applicant has con- documents required by paragraphs (a)
ducted appropriate flight, structural, and (b) of this section must be sub-
propulsion, and systems tests nec- mitted in English.
essary to show that the aircraft, its [Doc. No. 23345, 57 FR 41367, Sept. 9, 1992, as
components, and its equipment are re- amended by Amdt. 21–75, 62 FR 62808, Nov. 25,
liable and function properly; the type 1997; Doc. No. FAA–2015–1621, Amdt. 21–100, 81
design complies with the airworthiness FR 96689, Dec. 30, 2016]
standards and noise requirements es-
tablished for the aircraft under § 21.25 Issue of type certificate: Re-
§ 21.17(f); and no feature or char- stricted category aircraft.
acteristic makes it unsafe for its in- (a) An applicant is entitled to a type
tended use; certificate for an aircraft in the re-
(ii) The flight manual required by stricted category for special purpose
§ 21.5(b), including any information re- operations if he shows compliance with
quired to be furnished by the applicable the applicable noise requirements of
airworthiness standards; Part 36 of this chapter, and if he shows
(iii) Instructions for continued air- that no feature or characteristic of the
lhorne on DSKJLZT7X2PROD with CFR

worthiness in accordance with aircraft makes it unsafe when it is op-


§ 21.50(b); and erated under the limitations prescribed

140

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00150 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 21.27

for its intended use, and that the air- Armed Forces of the United States
craft— that is a counterpart of a previously
(1) Meets the airworthiness require- type certificated civil aircraft, if he
ments of an aircraft category except shows compliance with the regulations
those requirements that the FAA finds governing the original civil aircraft
inappropriate for the special purpose type certificate.
for which the aircraft is to be used; or (c) Aircraft engines, propellers, and
(2) Is of a type that has been manu- their related accessories installed in
factured in accordance with the re- surplus Armed Forces aircraft, for
quirements of and accepted for use by,
which a type certificate is sought
an Armed Force of the United States
under this section, will be approved for
and has been later modified for a spe-
cial purpose. use on those aircraft if the applicant
(b) For the purposes of this section, shows that on the basis of the previous
‘‘special purpose operations’’ includes— military qualifications, acceptance,
(1) Agricultural (spraying, dusting, and service record, the product pro-
and seeding, and livestock and preda- vides substantially the same level of
tory animal control); airworthiness as would be provided if
(2) Forest and wildlife conservation; the engines or propellers were type cer-
(3) Aerial surveying (photography, tificated under Part 33 or 35 of this sub-
mapping, and oil and mineral explo- chapter.
ration); (d) The FAA may relieve an applicant
(4) Patrolling (pipelines, power lines, from strict compliance with a specific
and canals); provision of the applicable require-
(5) Weather control (cloud seeding); ments in paragraph (f) of this section,
(6) Aerial advertising (skywriting, if the FAA finds that the method of
banner towing, airborne signs and pub- compliance proposed by the applicant
lic address systems); and provides substantially the same level
(7) Any other operation specified by of airworthiness and that strict com-
the FAA. pliance with those regulations would
[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as impose a severe burden on the appli-
amended by Amdt. 21–42, 40 FR 1033, Jan. 6, cant. The FAA may use experience
1975] that was satisfactory to an Armed
§ 21.27 Issue of type certificate: sur- Force of the United States in making
plus aircraft of the Armed Forces. such a determination.
(e) The FAA may require an appli-
(a) Except as provided in paragraph
cant to comply with special conditions
(b) of this section an applicant is enti-
tled to a type certificate for an aircraft and later requirements than those in
in the normal, utility, acrobatic, com- paragraphs (c) and (f) of this section, if
muter, or transport category that was the FAA finds that compliance with
designed and constructed in the United the listed regulations would not ensure
States, accepted for operational use, an adequate level of airworthiness for
and declared surplus by, an Armed the aircraft.
Force of the United States, and that is (f) Except as provided in paragraphs
shown to comply with the applicable (b) through (e) of this section, an appli-
certification requirements in para- cant for a type certificate under this
graph (f) of this section. section must comply with the appro-
(b) An applicant is entitled to a type priate regulations listed in the fol-
certificate for a surplus aircraft of the lowing table:
Date accepted for operational use
Type of aircraft by the Armed Forces Regulations that apply 1
of the United States

Small reciprocating-engine powered airplanes Before May 16, 1956 ...................... CAR Part 3, as effective May 15, 1956.
After May 15, 1956 ......................... CAR Part 3, or 14 CFR Part 23.
Small turbine engine-powered airplanes .......... Before Oct. 2, 1959 ......................... CAR Part 3, as effective Oct. 1, 1959.
After Oct. 1, 1959 ............................ CAR Part 3 or 14 CFR Part 23.
lhorne on DSKJLZT7X2PROD with CFR

Commuter category airplanes .......................... After (Feb. 17, 1987) .......................


FAR Part 23 as of (Feb. 17, 1987)..

141

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00151 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
§ 21.29 14 CFR Ch. I (1–1–22 Edition)

Date accepted for operational use


Type of aircraft by the Armed Forces Regulations that apply 1
of the United States

Large reciprocating-engine powered airplanes Before Aug. 26, 1955 ...................... CAR Part 4b, as effective Aug. 25, 1955.
After Aug. 25, 1955 ......................... CAR Part 4b or 14 CFR Part 25.
Large turbine engine-powered airplanes ......... Before Oct. 2, 1959 ......................... CAR Part 4b, as effective Oct. 1, 1959.
After Oct. 1, 1959 ............................ CAR Part 4b or 14 CFR Part 25.
Rotorcraft with maximum certificated takeoff
weight of:
6,000 pounds or less ................................ Before Oct. 2, 1959 ......................... CAR Part 6, as effective Oct. 1, 1959.
After Oct. 1, 1959 ............................ CAR Part 6, or 14 CFR Part 27.
Over 6,000 pounds ................................... Before Oct. 2, 1959 ......................... CAR Part 7, as effective Oct. 1, 1959.
After Oct. 1, 1959 ............................ CAR Part 7, or 14 CFR Part 29.
1 Where no specific date is listed, the applicable regulations are those in effect on the date that the first aircraft of the particular
model was accepted for operational use by the Armed Forces.

[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as amended by Amdt. 21–59, 52 FR 1835, Jan. 15, 1987;
52 FR 7262, Mar. 9, 1987; 70 FR 2325, Jan. 13, 2005; Amdt. 21–92, 74 FR 53386, Oct. 16, 2009]

§ 21.29 Issue of type certificate: import (3) The manuals, placards, listings,
products. and instrument markings required by
(a) The FAA may issue a type certifi- the applicable airworthiness (and
cate for a product that is manufactured noise, where applicable) requirements
in a foreign country or jurisdiction are presented in the English language.
with which the United States has an (b) A product type certificated under
agreement for the acceptance of these this section is considered to be type
products for export and import and certificated under the noise standards
that is to be imported into the United of part 36 of this subchapter and the
States if— fuel venting and exhaust emission
(1) The applicable State of Design standards of part 34 of this subchapter.
certifies that the product has been ex- Compliance with parts 36 and 34 of this
amined, tested, and found to meet— subchapter is certified under paragraph
(i) The applicable aircraft noise, fuel (a)(1)(i) of this section, and the applica-
venting, and exhaust emissions re- ble airworthiness standards of this sub-
quirements of this subchapter as des- chapter, or an equivalent level of safe-
ignated in § 21.17, or the applicable air- ty, with which compliance is certified
craft noise, fuel venting, and exhaust under paragraph (a)(1)(ii) of this sec-
emissions requirements of the State of tion.
Design, and any other requirements [Amdt. 21–92, 74 FR 53386, Oct. 16, 2009]
the FAA may prescribe to provide
noise, fuel venting, and exhaust emis- § 21.31 Type design.
sion levels no greater than those pro-
vided by the applicable aircraft noise, The type design consists of—
fuel venting, and exhaust emission re- (a) The drawings and specifications,
quirements of this subchapter as des- and a listing of those drawings and
ignated in § 21.17; and specifications, necessary to define the
(ii) The applicable airworthiness re- configuration and the design features
quirements of this subchapter as des- of the product shown to comply with
ignated in § 21.17, or the applicable air- the requirements of that part of this
worthiness requirements of the State subchapter applicable to the product;
of Design and any other requirements (b) Information on dimensions, mate-
the FAA may prescribe to provide a rials, and processes necessary to define
level of safety equivalent to that pro- the structural strength of the product;
vided by the applicable airworthiness (c) The Airworthiness Limitations
requirements of this subchapter as des- section of the Instructions for Contin-
ignated in § 21.17; ued Airworthiness as required by parts
(2) The applicant has provided tech- 23, 25, 26, 27, 29, 31, 33 and 35 of this sub-
nical data to show the product meets chapter, or as otherwise required by
lhorne on DSKJLZT7X2PROD with CFR

the requirements of paragraph (a)(1) of the FAA; and as specified in the appli-
this section; and cable airworthiness criteria for special

142

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00152 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 21.35

classes of aircraft defined in § 21.17(b); form to those specified in the type de-
and sign.
(d) For primary category aircraft, if [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
desired, a special inspection and pre- amended by Amdt. 21–17, 32 FR 14926, Oct. 28,
ventive maintenance program designed 1967; Amdt. 21–27, 34 FR 18363, Nov. 18, 1969;
to be accomplished by an appropriately Amdt. 21–44, 41 FR 55463, Dec. 20, 1976; Amdt.
rated and trained pilot-owner. 21–68, 55 FR 32860, Aug. 10, 1990; Amdt. 21–68,
(e) Any other data necessary to 55 FR 32860, Aug. 10, 1990; Amdt. 21–92, 74 FR
allow, by comparison, the determina- 53386, Oct. 16, 2009]
tion of the airworthiness, noise charac-
§ 21.35 Flight tests.
teristics, fuel venting, and exhaust
emissions (where applicable) of later (a) Each applicant for an aircraft
products of the same type. type certificate (other than under
§§ 21.24 through 21.29) must make the
[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
tests listed in paragraph (b) of this sec-
amended by Amdt. 21–27, 34 FR 18363, Nov. 18,
1969; Amdt. 21–51, 45 FR 60170, Sept. 11, 1980; tion. Before making the tests the appli-
Amdt. 21–60, 52 FR 8042, Mar. 13, 1987; Amdt. cant must show—
21–68, 55 FR 32860, Aug. 10, 1990; Amdt. 21–70, (1) Compliance with the applicable
57 FR 41368, Sept. 9, 1992; Amdt. 21–90, 72 FR structural requirements of this sub-
63404, Nov. 8, 2007] chapter;
(2) Completion of necessary ground
§ 21.33 Inspection and tests. inspections and tests;
(a) Each applicant must allow the (3) That the aircraft conforms with
FAA to make any inspection and any the type design; and
flight and ground test necessary to de- (4) That the FAA received a flight
termine compliance with the applica- test report from the applicant (signed,
ble requirements of this subchapter. in the case of aircraft to be certificated
However, unless otherwise authorized under Part 25 [New] of this chapter, by
by the FAA— the applicant’s test pilot) containing
(1) No aircraft, aircraft engine, pro- the results of his tests.
peller, or part thereof may be pre- (b) Upon showing compliance with
sented to the FAA for test unless com- paragraph (a) of this section, the appli-
pliance with paragraphs (b)(2) through cant must make all flight tests that
(b)(4) of this section has been shown for the FAA finds necessary—
that aircraft, aircraft engine, propeller, (1) To determine compliance with the
or part thereof; and applicable requirements of this sub-
(2) No change may be made to an air- chapter; and
craft, aircraft engine, propeller, or part (2) For aircraft to be certificated
thereof between the time that compli- under this subchapter, except gliders
ance with paragraphs (b)(2) through and low-speed, certification level 1 or 2
(b)(4) of this section is shown for that airplanes, as defined in part 23 of this
aircraft, aircraft engine, propeller, or chapter, to determine whether there is
part thereof and the time that it is pre- reasonable assurance that the aircraft,
sented to the FAA for test. its components, and its equipment are
(b) Each applicant must make all in- reliable and function properly.
spections and tests necessary to deter- (c) Each applicant must, if prac-
mine— ticable, make the tests prescribed in
(1) Compliance with the applicable paragraph (b)(2) of this section upon
airworthiness, aircraft noise, fuel vent- the aircraft that was used to show
ing, and exhaust emission require- compliance with—
ments; (1) Paragraph (b)(1) of this section;
(2) That materials and products con- and
form to the specifications in the type (2) For rotorcraft, the rotor drive en-
design; durance tests prescribed in § 27.923 or
(3) That parts of the products con- § 29.923 of this chapter, as applicable.
form to the drawings in the type de- (d) Each applicant must show for
sign; and each flight test (except in a glider or a
lhorne on DSKJLZT7X2PROD with CFR

(4) That the manufacturing proc- manned free balloon) that adequate
esses, construction and assembly con- provision is made for the flight test

143

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00153 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
§ 21.37 14 CFR Ch. I (1–1–22 Edition)

crew for emergency egress and the use racy of the report submitted under
of parachutes. paragraph (a) of this section.
(e) Except in gliders and manned free
[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
balloons, an applicant must dis- amended by Amdt. 21–59, 52 FR 1835, Jan. 15,
continue flight tests under this section 1987]
until he shows that corrective action
has been taken, whenever— § 21.41 Type certificate.
(1) The applicant’s test pilot is un-
able or unwilling to make any of the Each type certificate is considered to
required flight tests; or include the type design, the operating
(2) Items of noncompliance with re- limitations, the certificate data sheet,
quirements are found that may make the applicable regulations of this sub-
additional test data meaningless or chapter with which the FAA records
that would make further testing un- compliance, and any other conditions
duly hazardous. or limitations prescribed for the prod-
(f) The flight tests prescribed in para- uct in this subchapter.
graph (b)(2) of this section must in-
§ 21.43 Location of manufacturing fa-
clude— cilities.
(1) For aircraft incorporating turbine
engines of a type not previously used in Except as provided in § 21.29, the FAA
a type certificated aircraft, at least 300 does not issue a type certificate if the
hours of operation with a full com- manufacturing facilities for the prod-
plement of engines that conform to a uct are located outside of the United
type certificate; and States, unless the FAA finds that the
(2) For all other aircraft, at least 150 location of the manufacturer’s facili-
hours of operation. ties places no undue burden on the
FAA in administering applicable air-
[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
worthiness requirements.
amended by Amdt. 21–40, 39 FR 35459, Oct. 1,
1974; Amdt. 21–51, 45 FR 60170, Sept. 11, 1980;
Amdt. 21–70, 57 FR 41368, Sept. 9, 1992; Amdt.
§ 21.45 Privileges.
21–95, 76 FR 64233, Oct. 18, 2011; Doc. No. The holder or licensee of a type cer-
FAA–2015–1621, Amdt. 21–100, 81 FR 96689, tificate for a product may—
Dec. 30, 2016]
(a) In the case of aircraft, upon com-
§ 21.37 Flight test pilot. pliance with §§ 21.173 through 21.189, ob-
tain airworthiness certificates;
Each applicant for a normal, utility, (b) In the case of aircraft engines or
acrobatic, commuter, or transport cat- propellers, obtain approval for installa-
egory aircraft type certificate must tion on certificated aircraft;
provide a person holding an appro-
(c) In the case of any product, upon
priate pilot certificate to make the
compliance with subpart G of this part,
flight tests required by this part.
obtain a production certificate for the
[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as type certificated product;
amended by Amdt. 21–59, 52 FR 1835, Jan. 15, (d) Obtain approval of replacement
1987] parts for that product.
§ 21.39 Flight test instrument calibra- [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
tion and correction report. amended by Amdt. 21–92, 74 FR 53386, Oct. 16,
(a) Each applicant for a normal, util- 2009]
ity, acrobatic, commuter, or transport
§ 21.47 Transferability.
category aircraft type certificate must
submit a report to the FAA showing (a) A holder of a type certificate may
the computations and tests required in transfer it or make it available to
connection with the calibration of in- other persons by licensing agreements.
struments used for test purposes and in (b) For a type certificate transfer in
the correction of test results to stand- which the State of Design will remain
ard atmospheric conditions. the same, each transferor must, before
(b) Each applicant must allow the such a transfer, notify the FAA in writ-
lhorne on DSKJLZT7X2PROD with CFR

FAA to conduct any flight tests that ing. This notification must include the
he finds necessary to check the accu- applicable type certificate number, the

144

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00154 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 21.50

name and address of the transferee, and available upon request to any operator
the anticipated date of the transfer. of the same type of rotorcraft.
(c) For a type certificate transfer in (b) The holder of a design approval,
which the State of Design is changing, including either a type certificate or
a type certificate may only be trans- supplemental type certificate for an
ferred to or from a person subject to aircraft, aircraft engine, or propeller
the authority of another State of De- for which application was made after
sign if the United States has an agree- January 28, 1981, must furnish at least
ment with that State of Design for the one set of complete Instructions for
acceptance of the affected product for Continued Airworthiness to the owner
export and import. Each transferor of each type aircraft, aircraft engine,
must notify the FAA before such a or propeller upon its delivery, or upon
transfer in a form and manner accept-
issuance of the first standard air-
able to the FAA. This notification
worthiness certificate for the affected
must include the applicable type cer-
tificate number; the name, address, and aircraft, whichever occurs later. The
country of residence of the transferee; Instructions for Continued Airworthi-
and the anticipated date of the trans- ness must be prepared in accordance
fer. with §§ 23.1529, 25.1529, 25.1729, 27.1529,
(d) Before executing or terminating a 29.1529, 31.82, 33.4, 35.4, or part 26 of this
licensing agreement that makes a type subchapter, or as specified in the appli-
certificate available to another person, cable airworthiness criteria for special
the type certificate holder must notify classes of aircraft defined in § 21.17(b),
the FAA in writing. This notification as applicable. If the holder of a design
must include the type certificate num- approval chooses to designate parts as
ber addressed by the licensing agree- commercial, it must include in the In-
ment, the name and address of the li- structions for Continued Airworthiness
censee, the extent of authority granted a list of commercial parts submitted in
the licensee, and the anticipated date accordance with the provisions of para-
of the agreement. graph (c) of this section. Thereafter,
[Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR the holder of a design approval must
53386, Oct. 16, 2009; Doc. No. FAA–2018–0119, make those instructions available to
Amdt. 21–101, 83 FR 9169, Mar. 5, 2018] any other person required by this chap-
ter to comply with any of the terms of
§ 21.49 Availability. those instructions. In addition,
The holder of a type certificate must changes to the Instructions for Contin-
make the certificate available for ex- ued Airworthiness shall be made avail-
amination upon the request of the FAA able to any person required by this
or the National Transportation Safety chapter to comply with any of those in-
Board. structions.
(c) To designate commercial parts,
[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
amended by Doc. No. 8084, 32 FR 5769, Apr. 11, the holder of a design approval, in a
1967] manner acceptable to the FAA, must
submit:
§ 21.50 Instructions for continued air- (1) A Commercial Parts List;
worthiness and manufacturer’s (2) Data for each part on the List
maintenance manuals having air-
worthiness limitations sections. showing that:
(i) The failure of the commercial
(a) The holder of a type certificate part, as installed in the product, would
for a rotorcraft for which a Rotorcraft not degrade the level of safety of the
Maintenance Manual containing an product; and
‘‘Airworthiness Limitations’’ section
(ii) The part is produced only under
has been issued under § 27.1529 (a)(2) or
the commercial part manufacturer’s
§ 29.1529 (a)(2) of this chapter, and who
obtains approval of changes to any re- specification and marked only with the
placement time, inspection interval, or commercial part manufacturer’s mark-
lhorne on DSKJLZT7X2PROD with CFR

related procedure in that section of the ings; and


manual, must make those changes

145

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00155 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
§ 21.51 14 CFR Ch. I (1–1–22 Edition)

(3) Any other data necessary for the tificates, and provisional amendments
FAA to approve the List. to type certificates; and
(b) Rules governing the holders of
[Amdt. 21–23, 33 FR 14105, Sept. 18, 1968, as
amended by Amdt. 21–51, 45 FR 60170, Sept. those certificates.
11, 1980; Amdt. 21–60, 52 FR 8042, Mar. 13, 1987;
Amdt. 21–90, 72 FR 63404, Nov. 8, 2007; Amdt.
§ 21.73 Eligibility.
21–92, 74 FR 53386, Oct. 16, 2009; Doc. No. (a) Any manufacturer of aircraft
FAA–2015–1621, Amdt. 21–100, 81 FR 96689, manufactured within the United States
Dec. 30, 2016] who is a United States citizen may
apply for Class I or Class II provisional
§ 21.51 Duration. type certificates, for amendments to
A type certificate is effective until provisional type certificates held by
surrendered, suspended, revoked, or a him, and for provisional amendments
termination date is otherwise estab- to type certificates held by him.
lished by the FAA. (b) Any manufacturer of aircraft in a
State of Manufacture subject to the
§ 21.53 Statement of conformity. provisions of an agreement with the
(a) Each applicant must provide, in a United States for the acceptance of
form and manner acceptable to the those aircraft for export and import
FAA, a statement that each aircraft may apply for a Class II provisional
engine or propeller presented for type type certificate, for amendments to
certification conforms to its type de- provisional type certificates held by
sign. him, and for provisional amendments
(b) Each applicant must submit a to type certificates held by him.
statement of conformity to the FAA (c) An aircraft engine manufacturer
for each aircraft or part thereof pre- who is a United States citizen and who
sented to the FAA for tests. This state- has altered a type certificated aircraft
ment of conformity must include a by installing different type certificated
statement that the applicant has com- aircraft engines manufactured by him
plied with § 21.33(a) (unless otherwise within the United States may apply for
authorized under that paragraph). a Class I provisional type certificate
for the aircraft, and for amendments to
[Amdt. 21–17, 32 FR 14926, Oct. 28, 1967, as Class I provisional type certificates
amended by Amdt. 21–92, 74 FR 53386, Oct. 16, held by him, if the basic aircraft, be-
2009]
fore alteration, was type certificated in
§ 21.55 Responsibility of type certifi- the normal, utility, acrobatic, com-
cate holders to provide written li- muter, or transport category.
censing agreements. [Doc. No. 5085, 29 FR 14566, Oct. 24, 1964, as
A type certificate holder who allows amended by Amdt. 21–12, 31 FR 13380, Oct. 15,
a person to use the type certificate to 1966; Amdt. 21–59, 52 FR 1836, Jan. 15, 1987;
manufacture a new aircraft, aircraft Amdt. 21–92, 74 FR 53387, Oct. 16, 2009]
engine, or propeller must provide that § 21.75 Application.
person with a written licensing agree-
ment acceptable to the FAA. Each applicant for a provisional type
certificate, for an amendment thereto,
[Doc. No. FAA–2003–14825, 71 FR 52258, Sept. or for a provisional amendment to a
1, 2006] type certificate must apply to the FAA
and provide the information required
Subpart C—Provisional Type by this subpart.
Certificates [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
53387, Oct. 16, 2009; Doc. No. FAA–2018–0119,
SOURCE: Docket No. 5085, 29 FR 14566, Oct. Amdt. 21–101, 83 FR 9169, Mar. 5, 2018]
24, 1964, unless otherwise noted.
§ 21.77 Duration.
§ 21.71 Applicability. (a) Unless sooner surrendered, super-
This subpart prescribes— seded, revoked, or otherwise termi-
(a) Procedural requirements for the nated, provisional type certificates and
lhorne on DSKJLZT7X2PROD with CFR

issue of provisional type certificates, amendments thereto are effective for


amendments to provisional type cer- the periods specified in this section.

146

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00156 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 21.83

(b) A Class I provisional type certifi- for, and to establish that the aircraft
cate is effective for 24 months after the can be operated safely in accordance
date of issue. with the limitations contained in this
(c) A Class II provisional type certifi- subchapter.
cate is effective for twelve months (e) The applicant must establish all
after the date of issue. limitations required for the issue of the
(d) An amendment to a Class I or type or supplemental type certificate
Class II provisional type certificate is applied for, including limitations on
effective for the duration of the amend- weights, speeds, flight maneuvers,
ed certificate. loading, and operation of controls and
(e) A provisional amendment to a equipment unless, for each limitation
type certificate is effective for six not so established, appropriate oper-
months after its approval or until the ating restrictions are established for
amendment of the type certificate is the aircraft.
approved, whichever is first. (f) The applicant must establish an
[Doc. No. 5085, 29 FR 14566, Oct. 24, 1964, as inspection and maintenance program
amended by Amdt. 21–7, 30 FR 14311, Nov. 16, for the continued airworthiness of the
1965] aircraft.
(g) The applicant must show that a
§ 21.79 Transferability.
prototype aircraft has been flown for at
Provisional type certificates are not least 50 hours under an experimental
transferable. certificate issued under §§ 21.191
through 21.195, or under the auspices of
§ 21.81 Requirements for issue and
amendment of Class I provisional an Armed Force of the United States.
type certificates. However, in the case of an amendment
to a provisional type certificate, the
(a) An applicant is entitled to the
FAA may reduce the number of re-
issue or amendment of a Class I provi-
quired flight hours.
sional type certificate if he shows com-
pliance with this section and the FAA [Doc. No. 5085, 29 FR 14566, Oct. 24, 1964, as
finds that there is no feature, char- amended by Amdt. 21–66, 54 FR 34329, Aug. 18,
acteristic, or condition that would 1989]
make the aircraft unsafe when oper-
ated in accordance with the limitations § 21.83 Requirements for issue and
amendment of Class II provisional
established in paragraph (e) of this sec- type certificates.
tion and in § 91.317 of this chapter.
(b) The applicant must apply for the (a) An applicant who manufactures
issue of a type or supplemental type aircraft within the United States is en-
certificate for the aircraft. titled to the issue or amendment of a
(c) The applicant must certify that— Class II provisional type certificate if
(1) The aircraft has been designed and he shows compliance with this section
constructed in accordance with the air- and the FAA finds that there is no fea-
worthiness requirements applicable to ture, characteristic, or condition that
the issue of the type or supplemental would make the aircraft unsafe when
type certificate applied for; operated in accordance with the limi-
(2) The aircraft substantially meets tations in paragraph (h) of this section,
the applicable flight characteristic re- and §§ 91.317 and 121.207 of this chapter.
quirements for the type or supple- (b) An applicant who manufactures
mental type certificate applied for; and aircraft in a country with which the
(3) The aircraft can be operated safe- United States has an agreement for the
ly under the appropriate operating lim- acceptance of those aircraft for export
itations specified in paragraph (a) of and import is entitled to the issue or
this section. amendment of a Class II provisional
(d) The applicant must submit a re- type certificate if the country in which
port showing that the aircraft had been the aircraft was manufactured certifies
flown in all maneuvers necessary to that the applicant has shown compli-
show compliance with the flight re- ance with this section, that the air-
lhorne on DSKJLZT7X2PROD with CFR

quirements for the issue of the type or craft meets the requirements of para-
supplemental type certificate applied graph (f) of this section and that there

147

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00157 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
§ 21.85 14 CFR Ch. I (1–1–22 Edition)

is no feature, characteristic, or condi- for the continued airworthiness of the


tion that would make the aircraft un- aircraft.
safe when operated in accordance with (j) The applicant must show that a
the limitations in paragraph (h) of this prototype aircraft has been flown for at
section and §§ 91.317 and 121.207 of this least 100 hours. In the case of an
chapter. amendment to a provisional type cer-
(c) The applicant must apply for a tificate, the FAA may reduce the num-
type certificate, in the transport cat- ber of required flight hours.
egory, for the aircraft.
(d) The applicant must hold a U.S. [Amdt. 21–12, 31 FR 13386, Oct. 15, 1966, as
amended by Amdt. 21–66, 54 FR 34329, Aug. 18,
type certificate for at least one other
1989]
aircraft in the same transport category
as the subject aircraft. § 21.85 Provisional amendments to
(e) The FAA’s official flight test pro- type certificates.
gram or the flight test program con-
ducted by the authorities of the coun- (a) An applicant who manufactures
try in which the aircraft was manufac- aircraft within the United States is en-
tured, with respect to the issue of a titled to a provisional amendment to a
type certificate for that aircraft, must type certificate if he shows compliance
be in progress. with this section and the FAA finds
(f) The applicant or, in the case of a that there is no feature, characteristic,
foreign manufactured aircraft, the or condition that would make the air-
country in which the aircraft was man- craft unsafe when operated under the
ufactured, must certify that— appropriate limitations contained in
(1) The aircraft has been designed and this subchapter.
constructed in accordance with the air- (b) An applicant who manufactures
worthiness requirements applicable to aircraft in a foreign country with
the issue of the type certificate applied which the United States has an agree-
for; ment for the acceptance of those air-
(2) The aircraft substantially com- craft for export and import is entitled
plies with the applicable flight char- to a provisional amendment to a type
acteristic requirements for the type certificate if the country in which the
certificate applied for; and aircraft was manufactured certifies
(3) The aircraft can be operated safe- that the applicant has shown compli-
ly under the appropriate operating lim- ance with this section, that the air-
itations in this subchapter. craft meets the requirements of para-
(g) The applicant must submit a re- graph (e) of this section and that there
port showing that the aircraft has been is no feature, characteristic, or condi-
flown in all maneuvers necessary to tion that would make the aircraft un-
show compliance with the flight re- safe when operated under the appro-
quirements for the issue of the type priate limitations contained in this
certificate and to establish that the subchapter.
aircraft can be operated safely in ac- (c) The applicant must apply for an
cordance with the limitations in this
amendment to the type certificate.
subchapter.
(d) The FAA’s official flight test pro-
(h) The applicant must prepare a pro-
gram or the flight test program con-
visional aircraft flight manual con-
taining all limitations required for the ducted by the authorities of the coun-
issue of the type certificate applied for, try in which the aircraft was manufac-
including limitations on weights, tured, with respect to the amendment
speeds, flight maneuvers, loading, and of the type certificate, must be in
operation of controls and equipment progress.
unless, for each limitation not so es- (e) The applicant or, in the case of
tablished, appropriate operating re- foreign manufactured aircraft, the
strictions are established for the air- country in which the aircraft was man-
craft. ufactured, must certify that—
lhorne on DSKJLZT7X2PROD with CFR

(i) The applicant must establish an (1) The modification involved in the
inspection and maintenance program amendment to the type certificate has

148

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00158 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 21.93

been designed and constructed in ac- § 21.93 Classification of changes in


cordance with the airworthiness re- type design.
quirements applicable to the issue of (a) In addition to changes in type de-
the type certificate for the aircraft; sign specified in paragraph (b) of this
(2) The aircraft substantially com- section, changes in type design are
plies with the applicable flight char- classified as minor and major. A
acteristic requirements for the type ‘‘minor change’’ is one that has no ap-
certificate; and preciable effect on the weight, balance,
(3) The aircraft can be operated safe- structural strength, reliability, oper-
ly under the appropriate operating lim- ational characteristics, or other char-
itations in this subchapter. acteristics affecting the airworthiness
(f) The applicant must submit a re- of the product. All other changes are
port showing that the aircraft incor- ‘‘major changes’’ (except as provided in
porating the modifications involved paragraph (b) of this section).
has been flown in all maneuvers nec- (b) For the purpose of complying
essary to show compliance with the with Part 36 of this chapter, and except
flight requirements applicable to those as provided in paragraphs (b)(2), (b)(3),
modifications and to establish that the and (b)(4) of this section, any voluntary
aircraft can be operated safely in ac- change in the type design of an aircraft
cordance with the limitations specified that may increase the noise levels of
in §§ 91.317 and 121.207 of this chapter. that aircraft is an ‘‘acoustical change’’
(g) The applicant must establish and (in addition to being a minor or major
publish, in a provisional aircraft flight change as classified in paragraph (a) of
manual or other document and on ap- this section) for the following aircraft:
propriate placards, all limitations re- (1) Transport category large air-
quired for the issue of the type certifi- planes.
cate applied for, including weight, (2) Jet (Turbojet powered) airplanes
speed, flight maneuvers, loading, and (regardless of category). For airplanes
operation of controls and equipment, to which this paragraph applies,
unless, for each limitation not so es- ‘‘acoustical changes’’ do not include
tablished, appropriate operating re- changes in type design that are limited
strictions are established for the air- to one of the following—
craft. (i) Gear down flight with one or more
(h) The applicant must establish an retractable landing gear down during
inspection and maintenance program the entire flight, or
for the continued airworthiness of the (ii) Spare engine and nacelle carriage
aircraft. external to the skin of the airplane
(i) The applicant must operate a pro- (and return of the pylon or other exter-
totype aircraft modified in accordance nal mount), or
with the corresponding amendment to (iii) Time-limited engine and/or na-
the type certificate for the number of celle changes, where the change in type
hours found necessary by the FAA. design specifies that the airplane may
not be operated for a period of more
[Amdt. 21–12, 31 FR 13388, Oct. 15, 1966, as
amended by Amdt. 21–66, 54 FR 34329, Aug. 18, than 90 days unless compliance with
1989] the applicable acoustical change provi-
sions of Part 36 of this chapter is shown
for that change in type design.
Subpart D—Changes to Type (3) Propeller driven commuter cat-
Certificates egory and small airplanes in the pri-
mary, normal, utility, acrobatic, trans-
SOURCE: Docket No. 5085, 29 FR 14567, Oct. port, and restricted categories, except
24, 1964, unless otherwise noted. for airplanes that are:
(i) Designated for ‘‘agricultural air-
§ 21.91 Applicability. craft operations’’ (as defined in § 137.3
This subpart prescribes procedural of this chapter, effective January 1,
lhorne on DSKJLZT7X2PROD with CFR

requirements for the approval of 1966) to which § 36.1583 of this chapter


changes to type certificates. does not apply, or

149

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00159 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
§ 21.95 14 CFR Ch. I (1–1–22 Edition)

(ii) Designated for dispensing fire (5) Tiltrotors.


fighting materials to which § 36.1583 of (c) For purposes of complying with
this chapter does not apply, or part 34 of this chapter, any voluntary
(iii) U.S. registered, and that had change in the type design of the air-
flight time prior to January 1, 1955 or plane or engine which may increase
(iv) Land configured aircraft recon- fuel venting or exhaust emissions is an
figured with floats or skis. This recon- ‘‘emissions change.’’
figuration does not permit further ex-
[Amdt. 21–27, 34 FR 18363, Nov. 18, 1969]
ception from the requirements of this
section upon any acoustical change not EDITORIAL NOTE: For FEDERAL REGISTER ci-
enumerated in § 21.93(b). tations affecting § 21.93, see the List of CFR
(4) Helicopters except: Sections Affected, which appears in the
Finding Aids section of the printed volume
(i) Those helicopters that are des- and at www.govinfo.gov.
ignated exclusively:
(A) For ‘‘agricultural aircraft oper- § 21.95 Approval of minor changes in
ations’’, as defined in § 137.3 of this type design.
chapter, as effective on January 1, 1966;
Minor changes in a type design may
(B) For dispensing fire fighting mate-
be approved under a method acceptable
rials; or
to the FAA before submitting to the
(C) For carrying external loads, as
FAA any substantiating or descriptive
defined in § 133.1(b) of this chapter, as
data.
effective on December 20, 1976.
(ii) Those helicopters modified by in- § 21.97 Approval of major changes in
stallation or removal of external equip- type design.
ment. For purposes of this paragraph,
(a) An applicant for approval of a
‘‘external equipment’’ means any in-
major change in type design must—
strument, mechanism, part, apparatus,
(1) Provide substantiating data and
appurtenance, or accessory that is at-
necessary descriptive data for inclu-
tached to, or extends from, the heli-
sion in the type design;
copter exterior but is not used nor is
(2) Show that the change and areas
intended to be used in operating or
affected by the change comply with the
controlling a helicopter in flight and is
applicable requirements of this sub-
not part of an airframe or engine. An
chapter, and provide the FAA the
‘‘acoustical change’’ does not include:
means by which such compliance has
(A) Addition or removal of external
been shown; and
equipment;
(B) Changes in the airframe made to (3) Provide a statement certifying
accommodate the addition or removal that the applicant has complied with
of external equipment, to provide for the applicable requirements.
an external load attaching means, to (b) Approval of a major change in the
facilitate the use of external equip- type design of an aircraft engine is lim-
ment or external loads, or to facilitate ited to the specific engine configura-
the safe operation of the helicopter tion upon which the change is made
with external equipment mounted to, unless the applicant identifies in the
or external loads carried by, the heli- necessary descriptive data for inclu-
copter; sion in the type design the other con-
(C) Reconfiguration of the helicopter figurations of the same engine type for
by the addition or removal of floats which approval is requested and shows
and skis; that the change is compatible with the
(D) Flight with one or more doors other configurations.
and/or windows removed or in an open [Amdt. 21–40, 39 FR 35459, Oct. 1, 1974, as
position; or amended by Amdt. 21–92, 74 FR 53387, Oct. 16,
(E) Any changes in the operational 2009; Amdt. 21–96, 77 FR 71695, Dec. 4, 2012]
limitations placed on the helicopter as
a consequence of the addition or re- § 21.99 Required design changes.
moval of external equipment, floats, (a) When an Airworthiness Directive
and skis, or flight operations with is issued under Part 39 the holder of
lhorne on DSKJLZT7X2PROD with CFR

doors and/or windows removed or in an the type certificate for the product
open position. concerned must—

150

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00160 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 21.101

(1) If the FAA finds that design cant, the FAA considers the change in
changes are necessary to correct the context with all previous relevant de-
unsafe condition of the product, and sign changes and all related revisions
upon his request, submit appropriate to the applicable regulations incor-
design changes for approval; and porated in the type certificate for the
(2) Upon approval of the design product. Changes that meet one of the
changes, make available the descrip- following criteria are automatically
tive data covering the changes to all considered significant:
operators of products previously cer- (i) The general configuration or the
tificated under the type certificate. principles of construction are not re-
(b) In a case where there are no cur- tained.
rent unsafe conditions, but the FAA or (ii) The assumptions used for certifi-
the holder of the type certificate finds cation of the product to be changed do
through service experience that not remain valid.
changes in type design will contribute
(2) Each area, system, component,
to the safety of the product, the holder
equipment, or appliance that the FAA
of the type certificate may submit ap-
finds is not affected by the change.
propriate design changes for approval.
Upon approval of the changes, the man- (3) Each area, system, component,
ufacturer must make information on equipment, or appliance that is af-
the design changes available to all op- fected by the change, for which the
erators of the same type of product. FAA finds that compliance with a reg-
ulation described in paragraph (a) of
[Doc. No. 5085, 29 FR 14567, Oct. 24, 1964, as this section would not contribute ma-
amended by Amdt. 21–3, 30 FR 8826, July 24, terially to the level of safety of the
1965]
product or would be impractical.
§ 21.101 Designation of applicable reg- (c) An applicant for a change to an
ulations. aircraft (other than a rotorcraft) of
(a) An applicant for a change to a 6,000 pounds or less maximum weight,
type certificate must show that the to a non-turbine rotorcraft of 3,000
change and areas affected by the pounds or less maximum weight, to a
change comply with the airworthiness level 1 low-speed airplane, or to a level
requirements applicable to the cat- 2 low-speed airplane may show that the
egory of the product in effect on the change and areas affected by the
date of the application for the change change comply with the regulations in-
and with parts 34 and 36 of this chapter. cluded in the type certificate. However,
Exceptions are detailed in paragraphs if the FAA finds that the change is sig-
(b) and (c) of this section. nificant in an area, the FAA may des-
(b) Except as provided in paragraph ignate compliance with an amendment
(g) of this section, if paragraphs (b)(1), to the regulation incorporated by ref-
(2), or (3) of this section apply, an ap- erence in the type certificate that ap-
plicant may show that the change and plies to the change and any regulation
areas affected by the change comply that the FAA finds is directly related,
with an earlier amendment of a regula- unless the FAA also finds that compli-
tion required by paragraph (a) of this ance with that amendment or regula-
section, and of any other regulation tion would not contribute materially
the FAA finds is directly related. How- to the level of safety of the product or
ever, the earlier amended regulation would be impractical.
may not precede either the cor- (d) If the FAA finds that the regula-
responding regulation included by ref- tions in effect on the date of the appli-
erence in the type certificate, or any cation for the change do not provide
regulation in §§ 25.2, 27.2, or 29.2 of this adequate standards with respect to the
chapter that is related to the change. proposed change because of a novel or
The applicant may show compliance unusual design feature, the applicant
with an earlier amendment of a regula- must also comply with special condi-
tion for any of the following: tions, and amendments to those special
(1) A change that the FAA finds not conditions, prescribed under the provi-
lhorne on DSKJLZT7X2PROD with CFR

to be significant. In determining sions of § 21.16, to provide a level of


whether a specific change is signifi- safety equal to that established by the

151

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00161 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
§ 21.111 14 CFR Ch. I (1–1–22 Edition)

regulations in effect on the date of the § 21.111 Applicability.


application for the change. This subpart prescribes procedural
(e) An application for a change to a requirements for the issue of supple-
type certificate for a transport cat- mental type certificates.
egory aircraft is effective for 5 years,
and an application for a change to any § 21.113 Requirement for supplemental
other type certificate is effective for 3 type certificate.
years. If the change has not been ap- (a) If a person holds the TC for a
proved, or if it is clear that it will not product and alters that product by in-
be approved under the time limit es- troducing a major change in type de-
tablished under this paragraph, the ap- sign that does not require an applica-
plicant may do either of the following: tion for a new TC under § 21.19, that
(1) File a new application for a person must apply to the FAA either
change to the type certificate and com- for an STC, or to amend the original
ply with all the provisions of paragraph type certificate under subpart D of this
(a) of this section applicable to an part.
original application for a change. (b) If a person does not hold the TC
(2) File for an extension of the origi- for a product and alters that product
nal application and comply with the by introducing a major change in type
provisions of paragraph (a) of this sec- design that does not require an applica-
tion for a new TC under § 21.19, that
tion. The applicant must then select a
person must apply to the FAA for an
new application date. The new applica-
STC.
tion date may not precede the date the
(c) The application for an STC must
change is approved by more than the be made in the form and manner pre-
time period established under this scribed by the FAA.
paragraph (e).
(f) For aircraft certificated under [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
53387, Oct. 16, 2009; Doc. No. FAA–2018–0119,
§§ 21.17(b), 21.24, 21.25, and 21.27 the air- Amdt. 21–101, 83 FR 9169, Mar. 5, 2018]
worthiness requirements applicable to
the category of the product in effect on § 21.115 Applicable requirements.
the date of the application for the (a) Each applicant for a supplemental
change include each airworthiness re- type certificate must show that the al-
quirement that the FAA finds to be ap- tered product meets applicable require-
propriate for the type certification of ments specified in § 21.101 and, in the
the aircraft in accordance with those case of an acoustical change described
sections. in § 21.93(b), show compliance with the
(g) Notwithstanding paragraph (b) of applicable noise requirements of part
this section, for transport category air- 36 of this chapter and, in the case of an
planes, the applicant must show com- emissions change described in § 21.93(c),
pliance with each applicable provision show compliance with the applicable
of part 26 of this chapter, unless the ap- fuel venting and exhaust emissions re-
plicant has elected or was required to quirements of part 34 of this chapter.
comply with a corresponding amend- (b) Each applicant for a supplemental
ment to part 25 of this chapter that type certificate must meet §§ 21.33 and
was issued on or after the date of the 21.53 with respect to each change in the
applicable part 26 provision. type design.
[Doc. No. 28903, 65 FR 36266, June 7, 2000, as [Amdt. 21–17, 32 FR 14927, Oct. 28, 1967, as
amended by Amdt. 21–90, 72 FR 63404, Nov. 8, amended by Amdt. 21–42, 40 FR 1033, Jan. 6,
2007; Amdt. 21–96, 77 FR 71695, Dec. 4, 2012; 1975; Amdt. 21–52A, 45 FR 79009, Nov. 28, 1980;
Doc. No. FAA–2015–1621, Amdt. 21–100, 81 FR Amdt. 21–61, 53 FR 3540, Feb. 5, 1988; Amdt.
96689, Dec. 30, 2016] 21–68, 55 FR 32860, Aug. 10, 1990; Amdt. 21–71,
57 FR 42854, Sept. 16, 1992; Amdt. 21–77, 65 FR
36266, June 7, 2000]
Subpart E—Supplemental Type
Certificates § 21.117 Issue of supplemental type
certificates.
lhorne on DSKJLZT7X2PROD with CFR

SOURCE: Docket No. 5085, 29 FR 14568, Oct. (a) An applicant is entitled to a sup-
24, 1964, unless otherwise noted. plemental type certificate if the FAA

152

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00162 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 21.123

finds that the applicant meets the re- finds no undue burden in administering
quirements of §§ 21.113 and 21.115. the applicable requirements of Title 49
(b) A supplemental type certificate U.S.C. and this subchapter.
consists of— (b) The type certificate holder must
(1) The approval by the FAA of a obtain FAA approval before making
change in the type design of the prod- any changes to the location of any of
uct; and its manufacturing facilities.
(2) The type certificate previously (c) The type certificate holder must
issued for the product.
immediately notify the FAA, in writ-
[Doc. No. 5085, 29 FR 14568, Oct. 24, 1964, as ing, of any change to the manufac-
amended by Amdt. 21–92, 74 FR 53387, Oct. 16, turing facilities that may affect the in-
2009]
spection, conformity, or airworthiness
§ 21.119 Privileges. of its product or article.
The holder of a supplemental type [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
certificate may— 53387, Oct. 16, 2009; Amdt. 21–92A, 75 FR 9095,
(a) In the case of aircraft, obtain air- Mar. 1, 2010]
worthiness certificates;
(b) In the case of other products, ob- § 21.123 Production under type certifi-
tain approval for installation on cer- cate.
tificated aircraft; and Each manufacturer of a product
(c) Obtain a production certificate in being manufactured under a type cer-
accordance with the requirements of tificate must—
subpart G of this part for the change in (a) Maintain at the place of manufac-
the type design approved by the supple- ture all information and data specified
mental type certificate. in §§ 21.31 and 21.41;
[Doc. No. 5085, 29 FR 14568, Oct. 24, 1964, as (b) Make each product and article
amended by Amdt. 21–92, 74 FR 53387, Oct. 16, thereof available for inspection by the
2009] FAA;
§ 21.120 Responsibility of supple- (c) Maintain records of the comple-
mental type certificate holders to tion of all inspections and tests re-
provide written permission for al- quired by §§ 21.127, 21.128, and 21.129 for
terations. at least 5 years for the products and ar-
A supplemental type certificate hold- ticles thereof manufactured under the
er who allows a person to use the sup- approval and at least 10 years for crit-
plemental type certificate to alter an ical components identified under
aircraft, aircraft engine, or propeller § 45.15(c) of this chapter;
must provide that person with written (d) Allow the FAA to make any in-
permission acceptable to the FAA. spection or test, including any inspec-
[Doc. No. FAA–2003–14825, 71 FR 52258, Sept. tion or test at a supplier facility, nec-
1, 2006] essary to determine compliance with
this subchapter;
Subpart F—Production Under Type (e) Mark the product in accordance
Certificate with part 45 of this chapter, including
any critical parts;
(f) Identify any portion of that prod-
SOURCE: Docket No. 5085, 29 FR 14568, Oct.
24, 1964, unless otherwise noted. uct (e.g., sub-assemblies, component
parts, or replacement articles) that
§ 21.121 Applicability. leave the manufacturer’s facility as
This subpart prescribes rules for pro- FAA approved with the manufacturer’s
duction under a type certificate. part number and name, trademark,
symbol, or other FAA-approved manu-
§ 21.122 Location of or change to man- facturer’s identification; and
ufacturing facilities. (g) Except as otherwise authorized by
(a) A type certificate holder may uti- the FAA, obtain a production certifi-
lhorne on DSKJLZT7X2PROD with CFR

lize manufacturing facilities located cate for that product in accordance


outside of the United States if the FAA with subpart G of this part within 6

153

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00163 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
§ 21.125 14 CFR Ch. I (1–1–22 Edition)

months after the date of issuance of 30 minutes at rated takeoff power or


the type certificate. thrust.
[Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR (b) The test runs required by para-
53387, Oct. 16, 2009] graph (a) of this section may be made
with the engine appropriately mounted
§ 21.125 [Reserved] and using current types of power and
thrust measuring equipment.
§ 21.127 Tests: aircraft.
(a) Each person manufacturing air- [Doc. No. 5085, 29 FR 14568, Oct. 24, 1964, as
craft under a type certificate must es- amended by Amdt. 21–5, 32 FR 3735, Mar. 4,
1967]
tablish an approved production flight
test procedure and flight check-off
§ 21.129 Tests: propellers.
form, and in accordance with that
form, flight test each aircraft pro- Each person manufacturing propel-
duced. lers under a type certificate must give
(b) Each production flight test proce- each variable pitch propeller an accept-
dure must include the following: able functional test to determine if it
(1) An operational check of the trim, operates properly throughout the nor-
controllability, or other flight charac- mal range of operation.
teristics to establish that the produc-
tion aircraft has the same range and § 21.130 Statement of conformity.
degree of control as the prototype air- Each holder or licensee of a type cer-
craft. tificate who manufactures a product
(2) An operational check of each part
under this subpart must provide, in a
or system operated by the crew while
form and manner acceptable to the
in flight to establish that, during
FAA, a statement that the product for
flight, instrument readings are within
normal range. which the type certificate has been
(3) A determination that all instru- issued conforms to its type certificate
ments are properly marked, and that and is in a condition for safe operation.
all placards and required flight manu- [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
als are installed after flight test. 53387, Oct. 16, 2009]
(4) A check of the operational charac-
teristics of the aircraft on the ground.
(5) A check on any other items pecu-
Subpart G—Production
liar to the aircraft being tested that Certificates
can best be done during the ground or
flight operation of the aircraft. SOURCE: Docket No. FAA–2006–25877, Amdt.
21–92, 74 FR 53387, Oct. 16, 2009, unless other-
§ 21.128 Tests: aircraft engines. wise noted.
(a) Each person manufacturing air-
craft engines under a type certificate § 21.131 Applicability.
must subject each engine (except rock- This subpart prescribes—
et engines for which the manufacturer (a) Procedural requirements for
must establish a sampling technique) issuing production certificates; and
to an acceptable test run that includes (b) Rules governing holders of those
the following: certificates.
(1) Break-in runs that include a de-
termination of fuel and oil consump- § 21.132 Eligibility.
tion and a determination of power
Any person may apply for a produc-
characteristics at rated maximum con-
tinuous power or thrust and, if applica- tion certificate if that person holds, for
ble, at rated takeoff power or thrust. the product concerned—
(2) At least five hours of operation at (a) A current type certificate,
rated maximum continuous power or (b) A supplemental type certificate,
thrust. For engines having a rated or
takeoff power or thrust higher than (c) Rights to the benefits of that type
lhorne on DSKJLZT7X2PROD with CFR

rated maximum continuous power or certificate or supplemental type cer-


thrust, the five-hour run must include tificate under a licensing agreement.

154

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00164 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 21.137

§ 21.133 Application. forms to the production approval hold-


er’s requirements; and
Each applicant must apply for a pro-
(2) Establish a supplier-reporting
duction certificate in a form and man-
process for products, articles, or serv-
ner prescribed by the FAA.
ices that have been released from or
§ 21.135 Organization. provided by the supplier and subse-
quently found not to conform to the
(a) Each applicant for or holder of a production approval holder’s require-
production certificate must provide the ments.
FAA with a document— (d) Manufacturing process control. Pro-
(1) Describing how its organization cedures for controlling manufacturing
will ensure compliance with the provi- processes to ensure that each product
sions of this subpart; and article conforms to its approved
(2) Describing assigned responsibil- design.
ities, delegated authorities, and the (e) Inspecting and testing. Procedures
functional relationship of those respon- for inspections and tests used to ensure
sible for quality to management and that each product and article conforms
other organizational components; and to its approved design. These proce-
(3) Identifying an accountable man- dures must include the following, as
ager. applicable:
(b) The accountable manager speci- (1) A flight test of each aircraft pro-
fied in paragraph (a) of this section duced unless that aircraft will be ex-
must be responsible within the appli- ported as an unassembled aircraft.
cant’s or production approval holder’s (2) A functional test of each aircraft
organization for, and have authority engine and each propeller produced.
over, all production operations con- (f) Inspection, measuring, and test
ducted under this part. The account- equipment control. Procedures to ensure
able manager must confirm that the calibration and control of all inspec-
procedures described in the quality tion, measuring, and test equipment
manual required by § 21.138 are in place used in determining conformity of each
and that the production approval hold- product and article to its approved de-
er satisfies the requirements of the ap- sign. Each calibration standard must
plicable regulations of subchapter C, be traceable to a standard acceptable
Aircraft. The accountable manager to the FAA.
must serve as the primary contact with (g) Inspection and test status. Proce-
the FAA. dures for documenting the inspection
[Doc. No. FAA–2013–0933, Amdt. 21–98, 80 FR and test status of products and articles
59031, Oct. 1, 2015] supplied or manufactured to the ap-
proved design.
§ 21.137 Quality system. (h) Nonconforming product and article
Each applicant for or holder of a pro- control. (1) Procedures to ensure that
duction certificate must establish and only products or articles that conform
describe in writing a quality system to their approved design are installed
that ensures that each product and ar- on a type-certificated product. These
ticle conforms to its approved design procedures must provide for the identi-
and is in a condition for safe operation. fication, documentation, evaluation,
This quality system must include: segregation, and disposition of noncon-
(a) Design data control. Procedures for forming products and articles. Only au-
controlling design data and subsequent thorized individuals may make disposi-
changes to ensure that only current, tion determinations.
correct, and approved data is used. (2) Procedures to ensure that dis-
(b) Document control. Procedures for carded articles are rendered unusable.
controlling quality system documents (i) Corrective and preventive actions.
and data and subsequent changes to en- Procedures for implementing correc-
sure that only current, correct, and ap- tive and preventive actions to elimi-
proved documents and data are used. nate the causes of an actual or poten-
(c) Supplier control. Procedures that— tial nonconformity to the approved de-
lhorne on DSKJLZT7X2PROD with CFR

(1) Ensure that each supplier-pro- sign or noncompliance with the ap-
vided product, article, or service con- proved quality system.

155

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00165 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
§ 21.138 14 CFR Ch. I (1–1–22 Edition)

(j) Handling and storage. Procedures When a production approval holder


to prevent damage and deterioration of issues an authorized release document
each product and article during han- for the purpose of export, the produc-
dling, storage, preservation, and pack- tion approval holder must comply with
aging. the procedures applicable to the export
(k) Control of quality records. Proce- of new and used aircraft engines, pro-
dures for identifying, storing, pro- pellers, and articles specified in § 21.331
tecting, retrieving, and retaining qual- and the responsibilities of exporters
ity records. A production approval specified in § 21.335.
holder must retain these records for at
[Docket No. FAA–2006–25877, Amdt. 21–92, 74
least 5 years for the products and arti- FR 53387, Oct. 16, 2009, as amended by Doc.
cles manufactured under the approval No. FAA–2013–0933, Amdt. 21–98, 80 FR 59031,
and at least 10 years for critical compo- Oct. 1, 2015; Amdt. 21–98A, 80 FR 59031, Dec.
nents identified under § 45.15(c) of this 17, 2015]
chapter.
(l) Internal audits. Procedures for § 21.138 Quality manual.
planning, conducting, and documenting Each applicant for or holder of a pro-
internal audits to ensure compliance duction certificate must provide a
with the approved quality system. The manual describing its quality system
procedures must include reporting re- to the FAA for approval. The manual
sults of internal audits to the manager must be in the English language and
responsible for implementing correc- retrievable in a form acceptable to the
tive and preventive actions. FAA.
(m) In-service feedback. Procedures for
receiving and processing feedback on § 21.139 Location of or change to man-
in-service failures, malfunctions, and ufacturing facilities.
defects. These procedures must include (a) An applicant may obtain a pro-
a process for assisting the design ap- duction certificate for manufacturing
proval holder to— facilities located outside of the United
(1) Address any in-service problem in- States if the FAA finds no undue bur-
volving design changes; and den in administering the applicable re-
(2) Determine if any changes to the quirements of Title 49 U.S.C. and this
Instructions for Continued Airworthi- subchapter.
ness are necessary.
(b) The production certificate holder
(n) Quality escapes. Procedures for
must obtain FAA approval before mak-
identifying, analyzing, and initiating
ing any changes to the location of any
appropriate corrective action for prod-
of its manufacturing facilities.
ucts or articles that have been released
(c) The production certificate holder
from the quality system and that do
must immediately notify the FAA, in
not conform to the applicable design
writing, of any change to the manufac-
data or quality system requirements.
turing facilities that may affect the in-
(o) Issuing authorized release docu-
spection, conformity, or airworthiness
ments. Procedures for issuing author-
of its product or article.
ized release documents for aircraft en-
gines, propellers, and articles if the § 21.140 Inspections and tests.
production approval holder intends to
issue those documents. These proce- Each applicant for or holder of a pro-
dures must provide for the selection, duction certificate must allow the FAA
appointment, training, management, to inspect its quality system, facilities,
and removal of individuals authorized technical data, and any manufactured
by the production approval holder to products or articles and witness any
issue authorized release documents. tests, including any inspections or
Authorized release documents may be tests at a supplier facility, necessary
issued for new aircraft engines, propel- to determine compliance with this sub-
lers, and articles manufactured by the chapter.
production approval holder; and for
used aircraft engines, propellers, and § 21.141 Issuance.
lhorne on DSKJLZT7X2PROD with CFR

articles when rebuilt, or altered, in ac- The FAA issues a production certifi-
cordance with § 43.3(j) of this chapter. cate after finding that the applicant

156

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00166 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 21.147

complies with the requirements of this approved training program, provided


subpart. the certificate specifies the aircraft
make and model to which the certifi-
§ 21.142 Production limitation record. cate applies.
The FAA issues a production limita-
tion record as part of a production cer- § 21.146 Responsibility of holder.
tificate. The record lists the type cer- The holder of a production certificate
tificate number and model of every must—
product that the production certificate (a) Amend the document required by
holder is authorized to manufacture, § 21.135 as necessary to reflect changes
and identifies every interface compo- in the organization and provide these
nent that the production certificate amendments to the FAA.
holder is authorized to manufacture
(b) Maintain the quality system in
and install under this part.
compliance with the data and proce-
[Doc. No. FAA–2013–0933, Amdt. 21–98, 80 FR dures approved for the production cer-
59031, Oct. 1, 2015, as amended by Amdt. 21– tificate;
98A, 80 FR 59031, Dec. 17, 2015] (c) Ensure that each completed prod-
§ 21.143 Duration. uct or article for which a production
certificate has been issued, including
A production certificate is effective primary category aircraft assembled
until surrendered, suspended, revoked, under a production certificate by an-
or the FAA otherwise establishes a ter- other person from a kit provided by the
mination date. holder of the production certificate,
§ 21.144 Transferability. presented for airworthiness certifi-
cation or approval conforms to its ap-
The holder of a production certificate proved design and is in a condition for
may not transfer the production cer- safe operation;
tificate. (d) Mark the product or article for
§ 21.145 Privileges. which a certificate or approval has
been issued. Marking must be in ac-
(a) The holder of a production certifi- cordance with part 45 of this chapter,
cate may— including any critical parts;
(1) Obtain an aircraft airworthiness (e) Identify any portion of the prod-
certificate without further showing, uct or article (e.g., sub-assemblies,
except that the FAA may inspect the component parts, or replacement arti-
aircraft for conformity with the type
cles) that leave the manufacturer’s fa-
design; or
cility as FAA approved with the manu-
(2) In the case of other products, ob-
facturer’s part number and name,
tain approval from the FAA for instal-
trademark, symbol, or other FAA ap-
lation on type-certificated aircraft.
proved manufacturer’s identification;
(b) Notwithstanding the provisions of
§ 147.3 of this chapter, the holder of a (f) Have access to type design data
production certificate for a primary necessary to determine conformity and
category aircraft, or for a normal, util- airworthiness for each product and ar-
ity, or acrobatic category aircraft of a ticle produced under the production
type design that is eligible for a special certificate;
airworthiness certificate in the pri- (g) Retain its production certificate
mary category under § 21.184(c), may— and make it available to the FAA upon
(1) Conduct training for persons in request; and
the performance of a special inspection (h) Make available to the FAA infor-
and preventive maintenance program mation regarding all delegation of au-
approved as a part of the aircraft’s thority to suppliers.
type design under § 21.24(b), provided a
person holding a mechanic certificate § 21.147 Amendment of production cer-
with appropriate airframe and power- tificates.
plant ratings issued under part 65 of (a) A holder of a production certifi-
this chapter gives the training; and cate must apply for an amendment to a
lhorne on DSKJLZT7X2PROD with CFR

(2) Issue a certificate of competency production certificate in a form and


to persons successfully completing the manner prescribed by the FAA.

157

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00167 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
§ 21.150 14 CFR Ch. I (1–1–22 Edition)

(b) An applicant for an amendment to cation for an airworthiness certificate


a production certificate to add a type must be made in a form and manner ac-
certificate or model, or both, must ceptable to the FAA, and may be sub-
comply with §§ 21.137, 21.138, and 21.150. mitted to any FAA office.
(c) An applicant may apply to amend
[Amdt. 21–26, 34 FR 15244, Sept. 30, 1969]
its production limitation record to
allow the manufacture and installation § 21.175 Airworthiness certificates:
of an interface component, provided— classification.
(1) The applicant owns or has a li-
(a) Standard airworthiness certifi-
cense to use the design and installation
cates are airworthiness certificates
data for the interface component and
issued for aircraft type certificated in
makes that data available to the FAA
the normal, utility, acrobatic, com-
upon request;
muter, or transport category, and for
(2) The applicant manufactures the
manned free balloons, and for aircraft
interface component;
designated by the FAA as special class-
(3) The applicant’s product conforms
es of aircraft.
to its approved type design and the
(b) Special airworthiness certificates
interface component conforms to its
are primary, restricted, limited, light-
approved type design;
sport, and provisional airworthiness
(4) The assembled product with the
certificates, special flight permits, and
installed interface component is in a
experimental certificates.
condition for safe operation; and
(5) The applicant complies with any [Amdt. 21–21, 33 FR 6858, May 7, 1968, as
other conditions and limitations the amended by Amdt. 21–60, 52 FR 8043, Mar. 13,
FAA considers necessary. 1987; Amdt. 21–70, 57 FR 41368, Sept. 9, 1992;
Amdt. 21–85, 69 FR 44861, July 27, 2004]
[Doc. No. FAA–2013–0933, Amdt. 21–98, 80 FR
59031, Oct. 1, 2015, as amended by Amdt. 21– § 21.177 Amendment or modification.
98A, 80 FR 59031, Dec. 17, 2015]
An airworthiness certificate may be
§ 21.150 Changes in quality system. amended or modified only upon appli-
cation to the FAA.
After the issuance of a production
certificate— § 21.179 Transferability.
(a) Each change to the quality sys-
An airworthiness certificate is trans-
tem is subject to review by the FAA;
ferred with the aircraft.
and
(b) The holder of a production certifi- § 21.181 Duration.
cate must immediately notify the
FAA, in writing, of any change that (a) Unless sooner surrendered, sus-
may affect the inspection, conformity, pended, revoked, or a termination date
or airworthiness of its product or arti- is otherwise established by the FAA,
cle. airworthiness certificates are effective
as follows:
(1) Standard airworthiness certifi-
Subpart H—Airworthiness cates, special airworthiness certifi-
Certificates cates—primary category, and air-
worthiness certificates issued for re-
SOURCE: Docket No. 5085, 29 FR 14569, Oct. stricted or limited category aircraft
24, 1964, unless otherwise noted. are effective as long as the mainte-
nance, preventive maintenance, and al-
§ 21.171 Applicability. terations are performed in accordance
This subpart prescribes procedural with Parts 43 and 91 of this chapter and
requirements for the issue of airworthi- the aircraft are registered in the
ness certificates. United States.
(2) A special flight permit is effective
§ 21.173 Eligibility. for the period of time specified in the
Any registered owner of a U.S.-reg- permit.
istered aircraft (or the agent of the (3) A special airworthiness certificate
lhorne on DSKJLZT7X2PROD with CFR

owner) may apply for an airworthiness in the light-sport category is effective


certificate for that aircraft. An appli- as long as—

158

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00168 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 21.183

(i) The aircraft meets the definition craft already identified as prescribed in
of a light-sport aircraft; § 45.11.
(ii) The aircraft conforms to its origi- [Amdt. 21–13, 32 FR 188, Jan. 10, 1967, as
nal configuration, except for those al- amended by Amdt. 21–51, 45 FR 60170, Sept.
terations performed in accordance with 11, 1980; Amdt. 21–70, 57 FR 41368, Sept. 9,
an applicable consensus standard and 1992; Amdt. 21–85, 69 FR 44862, July 27, 2004]
authorized by the aircraft’s manufac-
turer or a person acceptable to the § 21.183 Issue of standard airworthi-
FAA; ness certificates for normal, utility,
(iii) The aircraft has no unsafe condi- acrobatic, commuter, and transport
category aircraft; manned free bal-
tion and is not likely to develop an un- loons; and special classes of air-
safe condition; and craft.
(iv) The aircraft is registered in the
United States. (a) New aircraft manufactured under a
production certificate. An applicant for a
(4) An experimental certificate for re-
standard airworthiness certificate for a
search and development, showing com-
new aircraft manufactured under a pro-
pliance with regulations, crew train-
duction certificate is entitled to a
ing, or market surveys is effective for 1
standard airworthiness certificate
year after the date of issue or renewal
without further showing, except that
unless the FAA prescribes a shorter pe-
the FAA may inspect the aircraft to
riod. The duration of an experimental
determine conformity to the type de-
certificate issued for operating ama-
sign and condition for safe operation.
teur-built aircraft, exhibition, air-rac-
ing, operating primary kit-built air- (b) New aircraft manufactured under
craft, or operating light-sport aircraft type certificate. An applicant for a
is unlimited, unless the FAA estab- standard airworthiness certificate for a
lishes a specific period for good cause. new aircraft manufactured under a
type certificate is entitled to a stand-
(b) The owner, operator, or bailee of
ard airworthiness certificate upon pres-
the aircraft must, upon request, make
entation, by the holder or licensee of
it available for inspection by the FAA.
the type certificate, of the statement
(c) Upon suspension, revocation, or of conformity prescribed in § 21.130 if
termination by order of the FAA of an the FAA finds after inspection that the
airworthiness certificate, the owner, aircraft conforms to the type design
operator, or bailee of an aircraft must, and is in condition for safe operation.
upon request, surrender the certificate
(c) Import aircraft. An applicant for a
to the FAA.
standard airworthiness certificate for
[Amdt. 21–21, 33 FR 6858, May 7, 1968, as an import aircraft is entitled to that
amended by Amdt. 21–49, 44 FR 46781, Aug. 9, certificate if—
1979; Amdt. 21–70, 57 FR 41368, Sept. 9, 1992; (1) The aircraft is type certificated in
Amdt. 21–85, 69 FR 44861, July 27, 2004] accordance with § 21.21 or § 21.29 and
produced under the authority of an-
§ 21.182 Aircraft identification.
other State of Manufacture;
(a) Except as provided in paragraph (2) The State of Manufacture cer-
(b) of this section, each applicant for tifies, in accordance with the export
an airworthiness certificate under this provisions of an agreement with the
subpart must show that his aircraft is United States for import of that air-
identified as prescribed in § 45.11. craft, that the aircraft conforms to the
(b) Paragraph (a) of this section does type design and is in condition for safe
not apply to applicants for the fol- operation; and
lowing: (3) The FAA finds that the aircraft
(1) A special flight permit. conforms to the type design and is in
(2) An experimental certificate for an condition for safe operation.
aircraft not issued for the purpose of (d) Used aircraft and surplus aircraft of
operating amateur-built aircraft, oper- the U.S. Armed Forces. An applicant for
ating primary kit-built aircraft, or op- a standard airworthiness certificate for
erating light-sport aircraft. a used aircraft or surplus aircraft of
lhorne on DSKJLZT7X2PROD with CFR

(3) A change from one airworthiness the U.S. Armed Forces is entitled to a
classification to another, for an air- standard airworthiness certificate if—

159

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00169 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
§ 21.183 14 CFR Ch. I (1–1–22 Edition)

(1) The applicant presents evidence to § 36.1(d)) and paragraph (c) of this sec-
the FAA that the aircraft conforms to tion are complied with.
a type design approved under a type (2) For normal, utility, acrobatic,
certificate or a supplemental type cer- commuter, or transport category pro-
tificate and to applicable Airworthi- peller driven small airplanes (except
ness Directives; for those airplanes that are designed
(2) The aircraft (except an experi- for ‘‘agricultural aircraft operations’’
mentally certificated aircraft that pre- (as defined in § 137.3 of this chapter, as
viously had been issued a different air- effective on January 1, 1966) or for dis-
worthiness certificate under this sec- pensing fire fighting materials to
tion) has been inspected in accordance which § 36.1583 of this chapter does not
with the performance rules for 100-hour apply) that have not had any flight
inspections set forth in § 43.15 of this time before the applicable date speci-
chapter, or an equivalent performance fied in part 36 of this chapter, no stand-
standard acceptable to the FAA, and ard airworthiness certificate is origi-
found airworthy by— nally issued under this section unless
(i) The manufacturer; the applicant shows that the type de-
(ii) The holder of a repair station cer- sign complies with the applicable noise
tificate as provided in Part 145 of this requirements of part 36 of this chapter
chapter; in addition to the applicable airworthi-
(iii) The holder of a mechanic certifi- ness requirements in this section. For
cate as authorized in Part 65 of this import airplanes, compliance with this
chapter; or paragraph is shown if the country in
(iv) The holder of a certificate issued which the airplane was manufactured
under part 121 of this chapter, and hav- certifies, and the FAA finds, that the
ing a maintenance and inspection orga- applicable requirements of part of this
nization appropriate to the aircraft chapter (or the applicable airplane
type; and noise requirements of the country in
(3) The FAA finds after inspection, which the airplane was manufactured
that the aircraft conforms to the type and any other requirements the FAA
design, and is in condition for safe op- may prescribe to provide noise levels
eration. no greater than those provided by com-
(e) Noise requirements. Notwith- pliance with the applicable require-
standing all other provisions of this ments of part 36 of this chapter) and
section, the following must be com- paragraph (c) of this section are com-
plied with for the original issuance of a plied with.
standard airworthiness certificate: (f) Passenger emergency exit require-
(1) For transport category large air- ments. Notwithstanding all other provi-
planes and jet (turbojet powered) air- sions of this section, each applicant for
planes that have not had any flight issuance of a standard airworthiness
time before the dates specified in certificate for a transport category air-
§ 36.1(d), no standard airworthiness cer- plane manufactured after October 16,
tificate is originally issued under this 1987, must show that the airplane
section unless the FAA finds that the meets the requirements of § 25.807(c)(7)
type design complies with the noise re- in effect on July 24, 1989. For the pur-
quirements in § 36.1(d) in addition to poses of this paragraph, the date of
the applicable airworthiness require- manufacture of an airplane is the date
ments in this section. For import air- the inspection acceptance records re-
planes, compliance with this paragraph flect that the airplane is complete and
is shown if the country in which the meets the FAA-approved type design
airplane was manufactured certifies, data.
and the FAA finds, that § 36.1(d) (or the (g) Fuel venting and exhaust emission
applicable airplane noise requirements requirements. Notwithstanding all other
of the country in which the airplane provisions of this section, and irrespec-
was manufactured and any other re- tive of the date of application, no air-
quirements the FAA may prescribe to worthiness certificate is issued, on and
lhorne on DSKJLZT7X2PROD with CFR

provide noise levels no greater than after the dates specified in part 34 for
those provided by compliance with the airplanes specified therein, unless

160

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00170 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 21.184

the airplane complies with the applica- was manufactured certifies, and the
ble requirements of that part. FAA finds after inspection, that the
(h) New aircraft manufactured under aircraft conforms to an approved type
the provisions of § 21.6(b). An applicant design that meets the criteria of
for a standard airworthiness certificate § 21.24(a)(1) and is in a condition for
for a new aircraft manufactured under safe operation.
the provisions of § 21.6(b) is entitled to (c) Aircraft having a current standard
a standard airworthiness certificate airworthiness certificate. An applicant
if— for a special airworthiness certificate-
(1) The applicant presents evidence to primary category, for an aircraft hav-
the FAA that the aircraft conforms to ing a current standard airworthiness
a type design approved under a type
certificate that meets the criteria of
certificate or supplemental type cer-
§ 21.24(a)(1), may obtain the primary
tificate and to applicable Airworthi-
category certificate in exchange for its
ness Directives;
standard airworthiness certificate
(2) The aircraft has been inspected in
through the supplemental type certifi-
accordance with the performance rules
for a 100-hour inspections set forth in cation process. For the purposes of this
§ 43.15 of this chapter and found air- paragraph, a current standard air-
worthy by a person specified in para- worthiness certificate means that the
graph (d)(2) of this section; and aircraft conforms to its approved nor-
(3) The FAA finds after inspection, mal, utility, or acrobatic type design,
that the aircraft conforms to the type complies with all applicable airworthi-
design, and is in condition for safe op- ness directives, has been inspected and
eration. found airworthy within the last 12 cal-
endar months in accordance with
[Amdt. 21–17, 32 FR 14927, Oct. 28, 1967] § 91.409(a)(1) of this chapter, and is
EDITORIAL NOTE: For FEDERAL REGISTER ci- found to be in a condition for safe oper-
tations affecting § 21.183, see the List of CFR ation by the FAA.
Sections Affected, which appears in the
(d) Other aircraft. An applicant for a
Finding Aids section of the printed volume
and at www.govinfo.gov. special airworthiness certificate-pri-
mary category for an aircraft that
§ 21.184 Issue of special airworthiness meets the criteria of § 21.24(a)(1), and is
certificates for primary category not covered by paragraph (a), (b), or (c)
aircraft. of this section, is entitled to a special
(a) New primary category aircraft man- airworthiness certificate if—
ufactured under a production certificate. (1) The applicant presents evidence to
An applicant for an original, special the FAA that the aircraft conforms to
airworthiness certificate-primary cat- an approved primary, normal, utility,
egory for a new aircraft that meets the or acrobatic type design, including
criteria of § 21.24(a)(1), manufactured compliance with all applicable air-
under a production certificate, includ- worthiness directives;
ing aircraft assembled by another per- (2) The aircraft has been inspected
son from a kit provided by the holder and found airworthy within the past 12
of the production certificate and under calendar months in accordance with
the supervision and quality control of § 91.409(a)(1) of this chapter and;
that holder, is entitled to a special air- (3) The aircraft is found by the FAA
worthiness certificate without further to conform to an approved type design
showing, except that the FAA may in- and to be in a condition for safe oper-
spect the aircraft to determine con- ation.
formity to the type design and condi-
(e) Multiple-category airworthiness cer-
tion for safe operation.
(b) Imported aircraft. An applicant for tificates in the primary category and
a special airworthiness certificate-pri- any other category will not be issued; a
mary category for an imported aircraft primary category aircraft may hold
type certificated under § 21.29 is enti- only one airworthiness certificate.
tled to a special airworthiness certifi- [Doc. No. 23345, 57 FR 41368, Sept. 9, 1992, as
lhorne on DSKJLZT7X2PROD with CFR

cate if the civil airworthiness author- amended by Amdt. 21–70, 57 FR 43776, Sept.
ity of the country in which the aircraft 22, 1992]

161

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00171 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
§ 21.185 14 CFR Ch. I (1–1–22 Edition)

§ 21.185 Issue of airworthiness certifi- dition to the applicable airworthiness


cates for restricted category air- requirements of this section. For im-
craft. port airplanes, compliance with this
(a) Aircraft manufactured under a pro- paragraph is shown if the country in
duction certificate or type certificate. An which the airplane was manufactured
applicant for the original issue of a re- certifies, and the FAA finds, that the
stricted category airworthiness certifi- applicable requirements of Part 36 of
cate for an aircraft type certificated in this chapter (or the applicable airplane
the restricted category, that was not noise requirements of the country in
previously type certificated in any which the airplane was manufactured
other category, must comply with the and any other requirements the FAA
appropriate provisions of § 21.183. may prescribe to provide noise levels
(b) Other aircraft. An applicant for a no greater than those provided by com-
restricted category airworthiness cer-
pliance with the applicable require-
tificate for an aircraft type certificated
ments of Part 36 of this chapter) and
in the restricted category, that was ei-
paragraph (c) of this section are com-
ther a surplus aircraft of the Armed
Forces or previously type certificated plied with.
in another category, is entitled to an [Amdt. 21–10, 31 FR 9211, July 6, 1966, as
airworthiness certificate if the aircraft amended by Amdt. 21–32, 35 FR 10202, June
has been inspected by the FAA and 23, 1970; Amdt. 21–42, 40 FR 1034, Jan. 6, 1975;
found by him to be in a good state of Amdt. 21–92, 74 FR 53389, Oct. 16, 2009; Amdt.
preservation and repair and in a condi- 21–92, 74 FR 53389, Oct. 16, 2009; Amdt. 21–92A,
tion for safe operation. 75 FR 9095, Mar. 1, 2010]
(c) Import aircraft. An applicant for
the original issue of a special air- § 21.187 Issue of multiple airworthi-
worthiness certificate for a restricted ness certification.
category import aircraft is entitled to (a) An applicant for an airworthiness
that certificate if— certificate in the restricted category,
(1) The aircraft is type-certificated in and in one or more other categories ex-
accordance with § 21.25 or § 21.29 and cept primary category, is entitled to
produced under the authority of an- the certificate, if—
other State of Manufacture; (1) He shows compliance with the re-
(2) The State of Manufacture cer- quirements for each category, when the
tifies, in accordance with the export aircraft is in the configuration for that
provisions of an agreement with the
category; and
United States for import of that air-
craft that the aircraft conforms to the (2) He shows that the aircraft can be
type design and is in condition for safe converted from one category to an-
operation; and other by removing or adding equipment
(3) The FAA finds that the aircraft by simple mechanical means.
conforms to the type design and is in (b) The operator of an aircraft cer-
condition for safe operation. tificated under this section must have
(d) Noise requirements. For propeller- the aircraft inspected by the FAA, or
driven small airplanes (except air- by a certificated mechanic with an ap-
planes designed for ‘‘agricultural air- propriate airframe rating, to determine
craft operations,’’ as defined in § 137.3 airworthiness each time the aircraft is
of this chapter, as effective on January converted from the restricted category
1, 1966, or for dispensing fire fighting to another category for the carriage of
materials) that have not had any flight passengers for compensation or hire,
time before the applicable date speci- unless the FAA finds this unnecessary
fied in Part 36 of this chapter, and not- for safety in a particular case.
withstanding the other provisions of (c) The aircraft complies with the ap-
this section, no original restricted cat- plicable requirements of part 34.
egory airworthiness certificate is
issued under this section unless the [Doc. No. 5085, 29 FR 14569, Oct. 24, 1964, as
FAA finds that the type design com- amended by Amdt. 21–68, 55 FR 32860, Aug. 10,
lhorne on DSKJLZT7X2PROD with CFR

plies with the applicable noise require- 1990; Amdt. 21–70, 57 FR 41369, Sept. 9, 1992]
ments of Part 36 of this chapter in ad-

162

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00172 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 21.190

§ 21.189 Issue of airworthiness certifi- (1) Identify the aircraft by make and
cate for limited category aircraft. model, serial number, class, date of
(a) An applicant for an airworthiness manufacture, and consensus standard
certificate for an aircraft in the lim- used;
ited category is entitled to the certifi- (2) State that the aircraft meets the
cate when— provisions of the identified consensus
(1) He shows that the aircraft has standard;
been previously issued a limited cat- (3) State that the aircraft conforms
egory type certificate and that the air- to the manufacturer’s design data,
craft conforms to that type certificate; using the manufacturer’s quality as-
and surance system that meets the identi-
fied consensus standard;
(2) The FAA finds, after inspection
(4) State that the manufacturer will
(including a flight check by the appli-
make available to any interested per-
cant), that the aircraft is in a good
son the following documents that meet
state of preservation and repair and is
the identified consensus standard:
in a condition for safe operation.
(i) The aircraft’s operating instruc-
(b) The FAA prescribes limitations
tions.
and conditions necessary for safe oper-
(ii) The aircraft’s maintenance and
ation.
inspection procedures.
[Doc. No. 5085, 29 FR 14570, Oct. 24, 1964, as (iii) The aircraft’s flight training
amended by Amdt. 21–4, 30 FR 9437, July 29, supplement.
1965] (5) State that the manufacturer will
monitor and correct safety-of-flight
§ 21.190 Issue of a special airworthi-
ness certificate for a light-sport cat- issues through the issuance of safety
egory aircraft. directives and a continued airworthi-
ness system that meets the identified
(a) Purpose. The FAA issues a special consensus standard;
airworthiness certificate in the light- (6) State that at the request of the
sport category to operate a light-sport FAA, the manufacturer will provide
aircraft, other than a gyroplane. unrestricted access to its facilities; and
(b) Eligibility. To be eligible for a spe- (7) State that the manufacturer, in
cial airworthiness certificate in the accordance with a production accept-
light-sport category: ance test procedure that meets an ap-
(1) An applicant must provide the plicable consensus standard has—
FAA with— (i) Ground and flight tested the air-
(i) The aircraft’s operating instruc- craft;
tions; (ii) Found the aircraft performance
(ii) The aircraft’s maintenance and acceptable; and
inspection procedures; (iii) Determined that the aircraft is
(iii) The manufacturer’s statement of in a condition for safe operation.
compliance as described in paragraph (d) Light-sport aircraft manufactured
(c) of this section; and outside the United States. For aircraft
(iv) The aircraft’s flight training sup- manufactured outside of the United
plement. States to be eligible for a special air-
(2) The aircraft must not have been worthiness certificate in the light-
previously issued a standard, primary, sport category, an applicant must meet
restricted, limited, or provisional air- the requirements of paragraph (b) of
worthiness certificate, or an equivalent this section and provide to the FAA
airworthiness certificate issued by a evidence that—
foreign civil aviation authority. (1) The aircraft was manufactured in
(3) The aircraft must be inspected by a country with which the United States
the FAA and found to be in a condition has a Bilateral Airworthiness Agree-
for safe operation. ment concerning airplanes or Bilateral
(c) Manufacturer’s statement of compli- Aviation Safety Agreement with asso-
ance for light-sport category aircraft. The ciated Implementation Procedures for
manufacturer’s statement of compli- Airworthiness concerning airplanes, or
lhorne on DSKJLZT7X2PROD with CFR

ance required in paragraph (b)(1)(iii) of an equivalent airworthiness agree-


this section must— ment; and

163

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00173 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
§ 21.191 14 CFR Ch. I (1–1–22 Edition)

(2) The aircraft is eligible for an air- control of the production certificate
worthiness certificate, flight author- holder under § 21.184(a).
ization, or other similar certification (i) Operating light-sport aircraft. Oper-
in its country of manufacture. ating a light-sport aircraft that—
[Amdt. 21–85, 69 FR 44862, July 27, 2004] (1) Has not been issued a U.S. or for-
eign airworthiness certificate and does
§ 21.191 Experimental certificates. not meet the provisions of § 103.1 of this
chapter. An experimental certificate
Experimental certificates are issued will not be issued under this paragraph
for the following purposes: for these aircraft after January 31,
(a) Research and development. Testing 2008;
new aircraft design concepts, new air- (2) Has been assembled—
craft equipment, new aircraft installa-
(i) From an aircraft kit for which the
tions, new aircraft operating tech-
applicant can provide the information
niques, or new uses for aircraft.
required by § 21.193(e); and
(b) Showing compliance with regula-
(ii) In accordance with manufactur-
tions. Conducting flight tests and other
er’s assembly instructions that meet
operations to show compliance with
an applicable consensus standard; or
the airworthiness regulations including
flights to show compliance for issuance (3) Has been previously issued a spe-
of type and supplemental type certifi- cial airworthiness certificate in the
cates, flights to substantiate major de- light-sport category under § 21.190.
sign changes, and flights to show com- [Amdt. 21–21, 38 FR 6858, May 7, 1968, as
pliance with the function and reli- amended by Amdt. 21–57, 49 FR 39651, Oct. 9,
ability requirements of the regula- 1984; Amdt. 21–70, 57 FR 41369, Sept. 9, 1992;
tions. Amdt. 21–85, 69 FR 44862, July 27, 2004; Amdt.
21–85, 69 FR 53336, Sept. 1, 2004]
(c) Crew training. Training of the ap-
plicant’s flight crews. § 21.193 Experimental certificates: gen-
(d) Exhibition. Exhibiting the air- eral.
craft’s flight capabilities, performance,
or unusual characteristics at air shows, An applicant for an experimental cer-
motion picture, television, and similar tificate must submit the following in-
productions, and the maintenance of formation:
exhibition flight proficiency, including (a) A statement, in a form and man-
(for persons exhibiting aircraft) flying ner prescribed by the FAA setting
to and from such air shows and produc- forth the purpose for which the aircraft
tions. is to be used.
(e) Air racing. Participating in air (b) Enough data (such as photo-
races, including (for such participants) graphs) to identify the aircraft.
practicing for such air races and flying (c) Upon inspection of the aircraft,
to and from racing events. any pertinent information found nec-
(f) Market surveys. Use of aircraft for essary by the FAA to safeguard the
purposes of conducting market sur- general public.
veys, sales demonstrations, and cus- (d) In the case of an aircraft to be
tomer crew training only as provided used for experimental purposes—
in § 21.195. (1) The purpose of the experiment;
(g) Operating amateur-built aircraft. (2) The estimated time or number of
Operating an aircraft the major por- flights required for the experiment;
tion of which has been fabricated and (3) The areas over which the experi-
assembled by persons who undertook ment will be conducted; and
the construction project solely for (4) Except for aircraft converted from
their own education or recreation. a previously certificated type without
(h) Operating primary kit-built aircraft. appreciable change in the external con-
Operating a primary category aircraft figuration, three-view drawings or
that meets the criteria of § 21.24(a)(1) three-view dimensioned photographs of
that was assembled by a person from a the aircraft.
kit manufactured by the holder of a (e) In the case of a light-sport air-
lhorne on DSKJLZT7X2PROD with CFR

production certificate for that kit, craft assembled from a kit to be cer-
without the supervision and quality tificated in accordance with

164

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00174 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 21.197

§ 21.191(i)(2), an applicant must provide normal, acrobatic, commuter, or trans-


the following: port category.
(1) Evidence that an aircraft of the (c) A person who has altered the de-
same make and model was manufac- sign of a type certificated aircraft may
tured and assembled by the aircraft kit apply for an experimental certificate
manufacturer and issued a special air- for the altered aircraft to be used for
worthiness certificate in the light- market surveys, sales demonstrations,
sport category. or customer crew training if the basic
(2) The aircraft’s operating instruc- aircraft, before alteration, was type
tions. certificated in the normal, utility, ac-
(3) The aircraft’s maintenance and robatic, or transport category.
inspection procedures. (d) An applicant for an experimental
(4) The manufacturer’s statement of certificate under this section is enti-
compliance for the aircraft kit used in tled to that certificate if, in addition
the aircraft assembly that meets to meeting the requirements of
§ 21.190(c), except that instead of meet- § 21.193—
ing § 21.190(c)(7), the statement must (1) He has established an inspection
identify assembly instructions for the and maintenance program for the con-
aircraft that meet an applicable con- tinued airworthiness of the aircraft;
sensus standard. and
(5) The aircraft’s flight training sup- (2) The applicant shows that the air-
plement. craft has been flown for at least 50
(6) In addition to paragraphs (e)(1) hours, or for at least 5 hours if it is a
through (e)(5) of this section, for an type certificated aircraft which has
aircraft kit manufactured outside of been modified. The FAA may reduce
the United States, evidence that the these operational requirements if the
aircraft kit was manufactured in a applicant provides adequate justifica-
country with which the United States tion.
has a Bilateral Airworthiness Agree- [Amdt. 21–21, 33 FR 6858, May 7, 1968, as
ment concerning airplanes or a Bilat- amended by Amdt. 21–28, 35 FR 2818, Feb. 11,
eral Aviation Safety Agreement with 1970; Amdt. 21–57, 49 FR 39651, Oct. 9, 1984;
associated Implementation Procedures Amdt. 21–59, 52 FR 1836, Jan. 15, 1987; Amdt.
for Airworthiness concerning airplanes, 21–92, 74 FR 53389, Oct. 16, 2009]
or an equivalent airworthiness agree-
ment. § 21.197 Special flight permits.
[Doc. No. 5085, 29 FR 14569, Oct. 24, 1964, as
(a) A special flight permit may be
amended by Amdt. 21–85, 69 FR 44862, July 27, issued for an aircraft that may not cur-
2004] rently meet applicable airworthiness
requirements but is capable of safe
§ 21.195 Experimental certificates: Air- flight, for the following purposes:
craft to be used for market surveys, (1) Flying the aircraft to a base
sales demonstrations, and customer where repairs, alterations, or mainte-
crew training. nance are to be performed, or to a
(a) A manufacturer of aircraft manu- point of storage.
factured within the United States may (2) Delivering or exporting the air-
apply for an experimental certificate craft.
for an aircraft that is to be used for (3) Production flight testing new pro-
market surveys, sales demonstrations, duction aircraft.
or customer crew training. (4) Evacuating aircraft from areas of
(b) A manufacturer of aircraft en- impending danger.
gines who has altered a type certifi- (5) Conducting customer demonstra-
cated aircraft by installing different tion flights in new production aircraft
engines, manufactured by him within that have satisfactorily completed pro-
the United States, may apply for an ex- duction flight tests.
perimental certificate for that aircraft (b) A special flight permit may also
to be used for market surveys, sales be issued to authorize the operation of
demonstrations, or customer crew an aircraft at a weight in excess of its
lhorne on DSKJLZT7X2PROD with CFR

training, if the basic aircraft, before al- maximum certificated takeoff weight
teration, was type certificated in the for flight beyond the normal range over

165

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00175 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
§ 21.199 14 CFR Ch. I (1–1–22 Edition)

water, or over land areas where ade- (5) Any restriction the applicant con-
quate landing facilities or appropriate siders necessary for safe operation of
fuel is not available. The excess weight the aircraft.
that may be authorized under this (6) Any other information considered
paragraph is limited to the additional necessary by the FAA for the purpose
fuel, fuel-carrying facilities, and navi- of prescribing operating limitations.
gation equipment necessary for the (b) The FAA may make, or require
flight. the applicant to make appropriate in-
(c) Upon application, as prescribed in spections or tests necessary for safety.
§§ 91.1017 or 119.51 of this chapter, a spe-
cial flight permit with a continuing au- [Doc. No. 5085, 29 FR 14570, Oct. 24, 1964, as
thorization may be issued for aircraft amended by Amdt. 21–21, 33 FR 6859, May 7,
that may not meet applicable air- 1968; Amdt. 21–22, 33 FR 11901, Aug. 22, 1968]
worthiness requirements, but are capa-
ble of safe flight for the purpose of fly- Subpart I—Provisional
ing aircraft to a base where mainte- Airworthiness Certificates
nance or alterations are to be per-
formed. The permit issued under this
SOURCE: Docket No. 5085, 29 FR 14571, Oct.
paragraph is an authorization, includ-
24, 1964, unless otherwise noted.
ing conditions and limitations for
flight, which is set forth in the certifi- § 21.211 Applicability.
cate holder’s operations specifications.
The permit issued under this paragraph This subpart prescribes procedural
may be issued to— requirements for the issue of provi-
(1) Certificate holders authorized to sional airworthiness certificates.
conduct operations under part 119 of
this chapter, that have an approved § 21.213 Eligibility.
program for continuing flight author- (a) A manufacturer who is a United
ization; or States citizen may apply for a Class I
(2) Management specification holders or Class II provisional airworthiness
authorized to conduct operations under certificate for aircraft manufactured
part 91, subpart K of this chapter for by him within the U.S.
those aircraft they operate and main- (b) Any holder of an air carrier oper-
tain under a continuous airworthiness
ating certificate under Part 121 of this
maintenance program prescribed by
chapter who is a United States citizen
§ 91.1411 of this chapter.
may apply for a Class II provisional
[Doc. No. 5085, 29 FR 14570, Oct. 24, 1964, as airworthiness certificate for transport
amended by Amdt. 21–21, 33 FR 6859, May 7, category aircraft that meet either of
1968; Amdt. 21–51, 45 FR 60170, Sept. 11, 1980;
the following:
Amdt. 21–54, 46 FR 37878, July 23, 1981; Amdt.
21–79, 66 FR 21066, Apr. 27, 2001; Amdt. 21–84, (1) The aircraft has a current Class II
68 FR 54559, Sept. 17, 2003; Amdt. 21–87, 71 FR provisional type certificate or an
536, Jan. 4, 2006; Amdt. 21–92, 74 FR 53389, Oct. amendment thereto.
16, 2009] (2) The aircraft has a current provi-
sional amendment to a type certificate
§ 21.199 Issue of special flight permits.
that was preceded by a corresponding
(a) Except as provided in § 21.197(c), Class II provisional type certificate.
an applicant for a special flight permit (c) An aircraft engine manufacturer
must submit a statement in a form and who is a United States citizen and who
manner prescribed by the FAA, indi- has altered a type certificated aircraft
cating—
by installing different type certificated
(1) The purpose of the flight.
engines, manufactured by him within
(2) The proposed itinerary.
the United States, may apply for a
(3) The crew required to operate the
Class I provisional airworthiness cer-
aircraft and its equipment, e.g., pilot,
co-pilot, navigator, etc. tificate for that aircraft, if the basic
(4) The ways, if any, in which the air- aircraft, before alteration, was type
lhorne on DSKJLZT7X2PROD with CFR

craft does not comply with the applica-


ble airworthiness requirements.

166

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00176 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 21.223

certificated in the normal, utility, ac- provisional type certificate and has
robatic, commuter, or transport cat- been found by him to be in safe oper-
egory. ating condition under all applicable
limitations.
[Doc. No. 5085, 29 FR 14571, Oct. 24, 1964, as
amended by Amdt. 21–59, 52 FR 1836, Jan. 15,
(d) The aircraft must be flown at
1987; Amdt. 21–79, 66 FR 21066, Apr. 27, 2001] least five hours by the manufacturer.
(e) The aircraft must be supplied
§ 21.215 Application. with a provisional aircraft flight man-
ual or other document and appropriate
Applications for provisional air-
placards containing the limitations es-
worthiness certificates must be sub-
tablished by §§ 21.81(e) and 91.317.
mitted to the FAA. The application
must be accompanied by the pertinent [Doc. No. 5085, 29 FR 14571, Oct. 24, 1964, as
information specified in this subpart. amended by Amdt. 21–66, 54 FR 34329, Aug. 18,
1989]
[Amdt. 21–67, 54 FR 39291, Sept. 25, 1989; 54 FR
52872, Dec. 22, 1989; Doc. No. FAA–2018–0119, § 21.223 Class II provisional airworthi-
Amdt. 21–101, 83 FR 9169, Mar. 5, 2018] ness certificates.
§ 21.217 Duration. (a) Except as provided in § 21.225, an
applicant is entitled to a Class II provi-
Unless sooner surrendered, super- sional airworthiness certificate for an
seded, revoked, or otherwise termi- aircraft for which a Class II provisional
nated, provisional airworthiness cer- type certificate has been issued if—
tificates are effective for the duration (1) He meets the eligibility require-
of the corresponding provisional type ments of § 21.213 and he complies with
certificate, amendment to a provi- this section; and
sional type certificate, or provisional (2) The FAA finds that there is no
amendment to the type certificate. feature, characteristic, or condition of
the aircraft that would make the air-
§ 21.219 Transferability. craft unsafe when operated in accord-
Class I provisional airworthiness cer- ance with the limitations established
tificates are not transferable. Class II in §§ 21.83(h), 91.317, and 121.207 of this
provisional airworthiness certificates chapter.
may be transferred to an air carrier eli- (b) The applicant must show that a
gible to apply for a certificate under Class II provisional type certificate for
§ 21.213(b). the aircraft has been issued to the
manufacturer.
§ 21.221 Class I provisional airworthi- (c) The applicant must submit a
ness certificates. statement by the manufacturer that
(a) Except as provided in § 21.225, an the aircraft has been manufactured
applicant is entitled to a Class I provi- under a quality system adequate to en-
sional airworthiness certificate for an sure that the aircraft conforms to the
aircraft for which a Class I provisional type design corresponding with the
type certificate has been issued if— provisional type certificate.
(1) He meets the eligibility require- (d) The applicant must submit a
ments of § 21.213 and he complies with statement that the aircraft has been
this section; and found by him to be in a safe operating
(2) The FAA finds that there is no condition under the applicable limita-
feature, characteristic or condition of tions.
the aircraft that would make the air- (e) The aircraft must be flown at
craft unsafe when operated in accord- least five hours by the manufacturer.
ance with the limitations established (f) The aircraft must be supplied with
in §§ 21.81(e) and 91.317 of this sub- a provisional aircraft flight manual
chapter. containing the limitations established
(b) The manufacturer must hold a by §§ 21.83(h), 91.317, and 121.207 of this
provisional type certificate for the air- chapter.
craft. [Doc. No. 5085, 29 FR 14571, Oct. 24, 1964, as
(c) The manufacturer must submit a
lhorne on DSKJLZT7X2PROD with CFR

amended by Amdt. 21–12, 31 FR 13389, Oct. 15,


statement that the aircraft conforms 1966; Amdt. 21–66, 54 FR 34329, Aug. 18, 1989;
to the type design corresponding to the Amdt. 21–92, 74 FR 53390, Oct. 16, 2009]

167

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00177 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
§ 21.225 14 CFR Ch. I (1–1–22 Edition)

§ 21.225 Provisional airworthiness cer- § 21.303 Application.


tificates corresponding with provi- (a) The applicant for a PMA must
sional amendments to type certifi-
cates. apply in a form and manner prescribed
by the FAA, and include the following:
(a) An applicant is entitled to a Class (1) The identity of the product on
I or a Class II provisional airworthiness which the article is to be installed.
certificate, for an aircraft, for which a (2) The name and address of the man-
provisional amendment to the type ufacturing facilities at which these ar-
certificate has been issued, if— ticles are to be manufactured.
(1) He meets the eligibility require- (3) The design of the article, which
ments of § 21.213 and he complies with consists of—
this section; and (i) Drawings and specifications nec-
(2) The FAA finds that there is no essary to show the configuration of the
feature, characteristic, or condition of article; and
the aircraft, as modified in accordance (ii) Information on dimensions, mate-
with the provisionally amended type rials, and processes necessary to define
certificate, that would make the air- the structural strength of the article.
craft unsafe when operated in accord- (4) Test reports and computations
ance with the applicable limitations necessary to show that the design of
established in §§ 21.85(g), 91.317, and the article meets the airworthiness re-
121.207 of this chapter. quirements of this subchapter. The test
(b) The applicant must show that the reports and computations must be ap-
modification was made under a quality plicable to the product on which the
system adequate to ensure that the article is to be installed, unless the ap-
modification conforms to the provi- plicant shows that the design of the ar-
sionally amended type certificate. ticle is identical to the design of a arti-
(c) The applicant must submit a cle that is covered under a type certifi-
statement that the aircraft has been cate. If the design of the article was ob-
found by him to be in a safe operating tained by a licensing agreement, the
condition under the applicable limita- applicant must provide evidence of
tions. that agreement.
(d) The aircraft must be flown at (5) An applicant for a PMA based on
least five hours by the manufacturer. test reports and computations must
(e) The aircraft must be supplied provide a statement certifying that the
with a provisional aircraft flight man- applicant has complied with the air-
ual or other document and appropriate worthiness requirements of this sub-
placards containing the limitations re- chapter.
quired by §§ 21.85(g), 91.317, and 121.207 (b) Each applicant for a PMA must
of this chapter. make all inspections and tests nec-
essary to determine—
[Doc. No. 5085, 29 FR 14571, Oct. 24, 1964, as
(1) Compliance with the applicable
amended by Amdt. 21–12, 31 FR 13389, Oct. 15,
1966; Amdt. 21–66, 54 FR 34329, Aug. 18, 1989; airworthiness requirements;
Amdt. 21–92, 74 FR 53390, Oct. 16, 2009] (2) That materials conform to the
specifications in the design;
(3) That the article conforms to its
Subpart J [Reserved] approved design; and
(4) That the manufacturing proc-
Subpart K—Parts Manufacturer esses, construction, and assembly con-
Approvals form to those specified in the design.

SOURCE: Docket No. FAA–2006–25877, Amdt. § 21.305 Organization.


21–92, 74 FR 53390, Oct. 16, 2009, unless other- (a) Each applicant for or holder of a
wise noted. PMA must provide the FAA with a doc-
ument—
§ 21.301 Applicability. (1) Describing how its organization
This subpart prescribes— will ensure compliance with the provi-
(a) Procedural requirements for sions of this subpart;
lhorne on DSKJLZT7X2PROD with CFR

issuing PMAs; and (2) Describing assigned responsibil-


(b) Rules governing holders of PMAs. ities, delegated authorities, and the

168

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00178 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 21.316

functional relationship of those respon- quality system, facilities, technical


sible for quality to management and data, and any manufactured articles
other organizational components; and and witness any tests, including any
(3) Identifying an accountable man- inspections or tests at a supplier facil-
ager. ity, necessary to determine compliance
(b) The accountable manager speci- with this subchapter.
fied in paragraph (a) of this section (b) Unless otherwise authorized by
must be responsible within the appli- the FAA, the applicant or holder—
cant’s or production approval holder’s (1) May not present any article to the
organization for, and have authority FAA for an inspection or test unless
over, all production operations con- compliance with § 21.303(b)(2) through
ducted under this part. The account- (4) has been shown for that article; and
able manager must confirm that the (2) May not make any change to an
procedures described in the quality article between the time that compli-
manual required by § 21.308 are in place ance with § 21.303(b)(2) through (4) is
and that the production approval hold- shown for that article and the time
er satisfies the requirements of the ap- that the article is presented to the
plicable regulations of subchapter C, FAA for the inspection or test.
Aircraft. The accountable manager
must serve as the primary contact with § 21.311 Issuance.
the FAA. The FAA issues a PMA after finding
[Doc. No. FAA–2013–0933, Amdt. 21–98, 80 FR that the applicant complies with the
59031, Oct. 1, 2015] requirements of this subpart and the
design complies with the requirements
§ 21.307 Quality system. of this chapter applicable to the prod-
Each applicant for or holder of a uct on which the article is to be in-
PMA must establish a quality system stalled.
that meets the requirements of § 21.137.
§ 21.313 Duration.
§ 21.308 Quality manual. A PMA is effective until surrendered,
Each applicant for or holder of a withdrawn, or the FAA otherwise ter-
PMA must provide a manual describing minates it.
its quality system to the FAA for ap-
proval. The manual must be in the § 21.314 Transferability.
English language and retrievable in a The holder of a PMA may not trans-
form acceptable to the FAA. fer the PMA.

§ 21.309 Location of or change to man- § 21.316 Responsibility of holder.


ufacturing facilities. Each holder of a PMA must—
(a) An applicant may obtain a PMA (a) Amend the document required by
for manufacturing facilities located § 21.305 as necessary to reflect changes
outside of the United States if the FAA in the organization and provide these
finds no undue burden in administering amendments to the FAA;
the applicable requirements of Title 49 (b) Maintain the quality system in
U.S.C. and this subchapter. compliance with the data and proce-
(b) The PMA holder must obtain FAA dures approved for the PMA;
approval before making any changes to (c) Ensure that each PMA article
the location of any of its manufac- conforms to its approved design and is
turing facilities. in a condition for safe operation;
(c) The PMA holder must imme- (d) Mark the PMA article for which
diately notify the FAA, in writing, of an approval has been issued. Marking
any change to the manufacturing fa- must be in accordance with part 45 of
cilities that may affect the inspection, this chapter, including any critical
conformity, or airworthiness of its parts;
PMA article. (e) Identify any portion of the PMA
article (e.g., sub-assemblies, component
§ 21.310 Inspections and tests. parts, or replacement articles) that
lhorne on DSKJLZT7X2PROD with CFR

(a) Each applicant for or holder of a leave the manufacturer’s facility as


PMA must allow the FAA to inspect its FAA approved with the manufacturer’s

169

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00179 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 21.319 14 CFR Ch. I (1–1–22 Edition)

part number and name, trademark, § 21.325 Export airworthiness approv-


symbol, or other FAA approved manu- als.
facturer’s identification; (a) An export airworthiness approval
(f) Have access to design data nec- for an aircraft is issued in the form of
essary to determine conformity and an export certificate of airworthiness.
airworthiness for each article produced This certificate does not authorize op-
under the PMA; eration of that aircraft.
(g) Retain each document granting (b) The FAA prescribes the form and
PMA and make it available to the FAA manner in which an export airworthi-
upon request; and ness approval for an aircraft engine,
(h) Make available to the FAA infor- propeller, or article is issued.
mation regarding all delegation of au- (c) If the FAA finds no undue burden
thority to suppliers. in administering the applicable re-
quirements of Title 49 U.S.C. and this
§ 21.319 Design changes. subchapter, an export airworthiness
(a) Classification of design changes. (1) approval may be issued for a product or
A ‘‘minor change’’ to the design of an article located outside of the United
article produced under a PMA is one States.
that has no appreciable effect on the
approval basis. § 21.327 Application.
(2) A ‘‘major change’’ to the design of Any person may apply for an export
an article produced under a PMA is any airworthiness approval. Each applicant
change that is not minor. must apply in a form and manner pre-
(b) Approval of design changes. (1) scribed by the FAA.
Minor changes to the basic design of a
PMA may be approved using a method § 21.329 Issuance of export certificates
acceptable to the FAA. of airworthiness.
(2) The PMA holder must obtain FAA (a) A person may obtain from the
approval of any major change before FAA an export certificate of airworthi-
including it in the design of an article ness for an aircraft if—
produced under a PMA. (1) A new or used aircraft manufac-
tured under subpart F or G of this part
§ 21.320 Changes in quality system. meets the airworthiness requirements
After the issuance of a PMA— under subpart H of this part for a—
(a) Each change to the quality sys- (i) Standard airworthiness certifi-
tem is subject to review by the FAA; cate; or
and (ii) Special airworthiness certificate
(b) The holder of the PMA must im- in either the ‘‘primary’’ or the ‘‘re-
mediately notify the FAA, in writing, stricted’’ category; or
of any change that may affect the in- (2) A new or used aircraft not manu-
spection, conformity, or airworthiness factured under subpart F or G of this
of its article. part has a valid—
(i) Standard airworthiness certifi-
cate; or
Subpart L—Export Airworthiness (ii) Special airworthiness certificate
Approvals in either the ‘‘primary’’ or the ‘‘re-
stricted’’ category.
SOURCE: Docket No. FAA–2006–25877, Amdt. (b) An aircraft need not meet a re-
21–92, 74 FR 53391, Oct. 16, 2009, unless other- quirement specified in paragraph (a) of
wise noted. this section, as applicable, if—
(1) The importing country or jurisdic-
§ 21.321 Applicability.
tion accepts, in a form and manner ac-
This subpart prescribes— ceptable to the FAA, a deviation from
(a) Procedural requirements for that requirement; and
issuing export airworthiness approvals; (2) The export certificate of air-
and worthiness lists as an exception any
lhorne on DSKJLZT7X2PROD with CFR

(b) Rules governing the holders of difference between the aircraft to be


those approvals. exported and its type design.

170

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00180 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 21.500

§ 21.331 Issuance of export airworthi- craft to the approved configuration


ness approvals for aircraft engines, upon completion of the delivery flight;
propellers, and articles. (d) Secure all proper foreign entry
(a) A person may obtain from the clearances from all the countries or ju-
FAA an export airworthiness approval risdictions involved when conducting
to export a new aircraft engine, pro- sales demonstrations or delivery
peller, or article that is manufactured flights; and
under this part if it conforms to its ap- (e) When title to an aircraft passes or
proved design and is in a condition for has passed to a foreign purchaser—
safe operation. (1) Request cancellation of the U.S.
registration and airworthiness certifi-
(b) A new aircraft engine, propeller,
cates from the FAA, giving the date of
or article need not meet a requirement
transfer of title, and the name and ad-
of paragraph (a) of this section if—
dress of the foreign owner;
(1) The importing country or jurisdic- (2) Return the Registration and Air-
tion accepts, in a form and manner ac- worthiness Certificates to the FAA;
ceptable to the FAA, a deviation from and
that requirement; and (3) Provide a statement to the FAA
(2) The export airworthiness approval certifying that the U.S. identification
lists as an exception any difference be- and registration numbers have been re-
tween the aircraft engine, propeller, or moved from the aircraft in compliance
article to be exported and its approved with § 45.33.
design.
(c) A person may obtain from the Subpart M [Reserved]
FAA an export airworthiness approval
to export a used aircraft engine, pro-
peller, or article if it conforms to its Subpart N—Acceptance of Air-
approved design and is in a condition craft Engines, Propellers, and
for safe operation. Articles for Import
(d) A used aircraft engine or propeller
need not meet a requirement of para- SOURCE: Docket No. FAA–2006–25877, 74 FR
graph (c) of this section if— 53392, Amdt. 21–92, Oct. 16, 2009, unless other-
(1) The importing country or jurisdic- wise noted.
tion accepts, in a form and manner ac- § 21.500 Acceptance of aircraft engines
ceptable to the FAA, a deviation from and propellers.
that requirement; and
An aircraft engine or propeller manu-
(2) The export airworthiness approval
factured in a foreign country or juris-
lists as an exception any difference be-
diction meets the requirements for ac-
tween the used aircraft engine or pro-
ceptance under this subchapter if—
peller to be exported and its approved
(a) That country or jurisdiction is
design.
subject to the provisions of an agree-
§ 21.335 Responsibilities of exporters. ment with the United States for the ac-
ceptance of that product;
Unless otherwise agreed to by the im- (b) That product is marked in accord-
porting country or jurisdiction, each ance with part 45 of this chapter; and
exporter must— (c) The holder or licensee of a U.S.
(a) Forward to the importing country type certificate for that product fur-
or jurisdiction all documents specified nishes with each such aircraft engine
by that country or jurisdiction; or propeller imported into the United
(b) Preserve and package products States, an export airworthiness ap-
and articles as necessary to protect proval issued in accordance with the
them against corrosion and damage provisions of that agreement certifying
during transit or storage and state the that the individual aircraft engine or
duration of effectiveness of such pres- propeller—
ervation and packaging; (1) Conforms to its U.S. type certifi-
(c) Remove or cause to be removed cate and is in condition for safe oper-
any temporary installation incor- ation; and
lhorne on DSKJLZT7X2PROD with CFR

porated on an aircraft for the purpose (2) Has been subjected by the manu-
of export delivery and restore the air- facturer to a final operational check.

171

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00181 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 21.502 14 CFR Ch. I (1–1–22 Edition)

§ 21.502 Acceptance of articles. quality of the article produced (or to be


produced, in the case of an applica-
An article (including an article pro-
tion), including any related parts, proc-
duced under a letter of TSO design ap-
esses, or services procured from an out-
proval) manufactured in a foreign
side source.
country or jurisdiction meets the re-
quirements for acceptance under this § 21.603 Application.
subchapter if—
(a) That country or jurisdiction is (a) An applicant for a TSO authoriza-
subject to the provisions of an agree- tion must apply in the form and man-
ment with the United States for the ac- ner prescribed by the FAA. The appli-
ceptance of that article; cant must include the following docu-
(b) That article is marked in accord- ments in the application:
ance with part 45 of this chapter; and (1) A statement of conformance certi-
(c) An export airworthiness approval fying that the applicant has met the
has been issued in accordance with the requirements of this subpart and that
provisions of that agreement for that the article concerned meets the appli-
article for import into the United cable TSO that is effective on the date
States. of application for that article.
(2) One copy of the technical data re-
Subpart O—Technical Standard quired in the applicable TSO.
(b) If the applicant anticipates a se-
Order Approvals ries of minor changes in accordance
with § 21.619, the applicant may set
SOURCE: Docket No. FAA–2006–25877, Amdt. forth in its application the basic model
21–92, 74 FR 53392, Oct. 16, 2009, unless other-
number of the article and the part
wise noted.
number of the components with open
§ 21.601 Applicability and definitions. brackets after it to denote that suffix
change letters or numbers (or combina-
(a) This subpart prescribes— tions of them) will be added from time
(1) Procedural requirements for to time.
issuing TSO authorizations;
(c) If the application is deficient, the
(2) Rules governing the holders of applicant must, when requested by the
TSO authorizations; and FAA, provide any additional informa-
(3) Procedural requirements for tion necessary to show compliance
issuing letters of TSO design approval. with this part. If the applicant fails to
(b) For the purposes of this subpart— provide the additional information
(1) A TSO issued by the FAA is a within 30 days after the FAA’s request,
minimum performance standard for the FAA denies the application and no-
specified articles used on civil aircraft; tifies the applicant.
(2) A TSO authorization is an FAA
design and production approval issued [Docket No. FAA–2006–25877, Amdt. 21–92, 74
to the manufacturer of an article that FR 53392, Oct. 16, 2009, as amended by Doc.
has been found to meet a specific TSO; No. FAA–2018–0119, Amdt. 21–101, 83 FR 9169,
(3) A letter of TSO design approval is Mar. 5, 2018]
an FAA design approval for an article § 21.605 Organization.
that has been found to meet a specific
TSO in accordance with the procedures (a) Each applicant for or holder of a
of § 21.621; TSO authorization must provide the
(4) An article manufactured under a FAA with a document—
TSO authorization, an FAA letter of (1) Describing how its organization
acceptance as described in § 21.613(b), or will ensure compliance with the provi-
an article manufactured under a letter sions of this subpart;
of TSO design approval described in (2) Describing assigned responsibil-
§ 21.621 is an approved article for the ities, delegated authorities, and the
purpose of meeting the regulations of functional relationship of those respon-
this chapter that require the article to sible for quality to management and
be approved; and other organizational components; and
lhorne on DSKJLZT7X2PROD with CFR

(5) An article manufacturer is the (3) Identifying an accountable man-


person who controls the design and ager.

172

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00182 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 21.616

(b) The accountable manager speci- ing any inspections or tests at a sup-
fied in paragraph (a) of this section plier facility, necessary to determine
must be responsible within the appli- compliance with this subchapter.
cant’s or production approval holder’s
organization for, and have authority § 21.611 Issuance.
over, all production operations con- If the FAA finds that the applicant
ducted under this part. The account- complies with the requirements of this
able manager must confirm that the subchapter, the FAA issues a TSO au-
procedures described in the quality thorization to the applicant (including
manual required by § 21.608 are in place all TSO deviations granted to the ap-
and that the production approval hold- plicant).
er satisfies the requirements of the ap-
plicable regulations of subchapter C, § 21.613 Duration.
Aircraft. The accountable manager
(a) A TSO authorization or letter of
must serve as the primary contact with
the FAA. TSO design approval is effective until
surrendered, withdrawn, or otherwise
[Doc. No. FAA–2013–0933, Amdt. 21–98, 80 FR terminated by the FAA.
59032, Oct. 1, 2015] (b) If a TSO is revised or canceled,
§ 21.607 Quality system. the holder of an affected FAA letter of
acceptance of a statement of conform-
Each applicant for or holder of a TSO ance, TSO authorization, or letter of
authorization must establish a quality TSO design approval may continue to
system that meets the requirements of manufacture articles that meet the
§ 21.137. original TSO without obtaining a new
acceptance, authorization, or approval
§ 21.608 Quality manual.
but must comply with the require-
Each applicant for or holder of a TSO ments of this chapter.
authorization must provide a manual
describing its quality system to the § 21.614 Transferability.
FAA for approval. The manual must be
The holder of a TSO authorization or
in the English language and retrievable
letter of TSO design approval may not
in a form acceptable to the FAA.
transfer the TSO authorization or let-
§ 21.609 Location of or change to man- ter of TSO design approval.
ufacturing facilities.
§ 21.616 Responsibility of holder.
(a) An applicant may obtain a TSO
authorization for manufacturing facili- Each holder of a TSO authorization
ties located outside of the United must—
States if the FAA finds no undue bur- (a) Amend the document required by
den in administering the applicable re- § 21.605 as necessary to reflect changes
quirements of Title 49 U.S.C. and this in the organization and provide these
subchapter. amendments to the FAA.
(b) The TSO authorization holder (b) Maintain a quality system in
must obtain FAA approval before mak- compliance with the data and proce-
ing any changes to the location of any dures approved for the TSO authoriza-
of its manufacturing facilities. tion;
(c) The TSO authorization holder (c) Ensure that each manufactured
must immediately notify the FAA, in article conforms to its approved design,
writing, of any change to the manufac- is in a condition for safe operation, and
turing facilities that may affect the in- meets the applicable TSO;
spection, conformity, or airworthiness (d) Mark the TSO article for which
of its product or article. an approval has been issued. Marking
must be in accordance with part 45 of
§ 21.610 Inspections and tests. this chapter, including any critical
Each applicant for or holder of a TSO parts;
authorization must allow the FAA to (e) Identify any portion of the TSO
inspect its quality system, facilities, article (e.g., sub-assemblies, compo-
lhorne on DSKJLZT7X2PROD with CFR

technical data, and any manufactured nent parts, or replacement articles)


articles and witness any tests, includ- that leave the manufacturer’s facility

173

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00183 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 21.618 14 CFR Ch. I (1–1–22 Edition)

as FAA approved with the manufactur- change by the manufacturer extensive


er’s part number and name, trademark, enough to require a substantially com-
symbol, or other FAA approved manu- plete investigation to determine com-
facturer’s identification; pliance with a TSO is a major change.
(f) Have access to design data nec- Before making a major change, the
essary to determine conformity and manufacturer must assign a new type
airworthiness for each article produced or model designation to the article and
under the TSO authorization. The man- apply for an authorization under
ufacturer must retain this data until it § 21.603.
no longer manufactures the article. At (c) Changes by persons other than the
that time, copies of the data must be manufacturer. No design change by any
sent to the FAA; person (other than the manufacturer
(g) Retain its TSO authorization and who provided the statement of con-
make it available to the FAA upon re- formance for the article) is eligible for
quest; and approval under this part unless the per-
(h) Make available to the FAA infor- son seeking the approval is a manufac-
mation regarding all delegation of au- turer and applies under § 21.603(a) for a
thority to suppliers. separate TSO authorization. Persons
other than a manufacturer may obtain
§ 21.618 Approval for deviation.
approval for design changes under part
(a) Each manufacturer who requests 43 or under the applicable airworthi-
approval to deviate from any perform- ness regulations of this chapter.
ance standard of a TSO must show that
factors or design features providing an [Docket No. FAA–2006–25877, Amdt. 21–92, 74
FR 53392, Oct. 16, 2009, as amended by Doc.
equivalent level of safety compensate
No. FAA–2018–0119, Amdt. 21–101, 83 FR 9169,
for the standards from which a devi- Mar. 5, 2018]
ation is requested.
(b) The manufacturer must send re- § 21.620 Changes in quality system.
quests for approval to deviate, together
with all pertinent data, to the FAA. If After the issuance of a TSO author-
the article is manufactured under the ization—
authority of a foreign country or juris- (a) Each change to the quality sys-
diction, the manufacturer must send tem is subject to review by the FAA;
requests for approval to deviate, to- and
gether with all pertinent data, through (b) The holder of the TSO authoriza-
the civil aviation authority of that tion must immediately notify the FAA,
country or jurisdiction to the FAA. in writing, of any change that may af-
fect the inspection, conformity, or air-
[Docket No. FAA–2006–25877, Amdt. 21–92, 74 worthiness of its article.
FR 53392, Oct. 16, 2009, as amended by Doc.
No. FAA–2018–0119, Amdt. 21–101, 83 FR 9169,
§ 21.621 Issue of letters of TSO design
Mar. 5, 2018]
approval: Import articles.
§ 21.619 Design changes. (a) The FAA may issue a letter of
(a) Minor changes by the manufacturer TSO design approval for an article—
holding a TSO authorization. The manu- (1) Designed and manufactured in a
facturer of an article under an author- foreign country or jurisdiction subject
ization issued under this part may to the export provisions of an agree-
make minor design changes (any ment with the United States for the ac-
change other than a major change) ceptance of these articles for import;
without further approval by the FAA. and
In this case, the changed article keeps (2) For import into the United States
the original model number (part num- if—
bers may be used to identify minor (i) The State of Design certifies that
changes) and the manufacturer must the article has been examined, tested,
forward to the FAA, any revised data and found to meet the applicable TSO
that are necessary for compliance with or the applicable performance stand-
§ 21.603(b). ards of the State of Design and any
lhorne on DSKJLZT7X2PROD with CFR

(b) Major changes by the manufacturer other performance standards the FAA
holding a TSO authorization. Any design may prescribe to provide a level of

174

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00184 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 23

safety equivalent to that provided by 23.2160 Vibration, buffeting, and high-speed


the TSO; and characteristics.
(ii) The manufacturer has provided to 23.2165 Performance and flight characteris-
tics requirements for flight in icing con-
the FAA one copy of the technical data ditions.
required in the applicable performance
standard through its State of Design. Subpart C—Structures
(b) The FAA issues the letter of TSO
design approval that lists any devi- 23.2200 Structural design envelope.
23.2205 Interaction of systems and struc-
ation granted under § 21.618.
tures.
[Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
53392, Oct. 16, 2009, as amended by Amdt. 21– STRUCTURAL LOADS
92A, 75 FR 9095, Mar. 1, 2010] 23.2210 Structural design loads.
23.2215 Flight load conditions.
Subpart P—Special Federal 23.2220 Ground and water load conditions.
23.2225 Component loading conditions.
Aviation Regulations 23.2230 Limit and ultimate loads.
STRUCTURAL PERFORMANCE
SOURCE: Docket No. FAA–2011–0186, Amdt.
21–92, 76 FR 12555, Mar. 8, 2011, unless other- 23.2235 Structural strength.
wise noted. 23.2240 Structural durability.
23.2245 Aeroelasticity.
§ 21.700 SFAR No. 111—Lavatory Oxy-
gen Systems. DESIGN

The requirements of § 121.1500 of this 23.2250 Design and construction principles.


chapter also apply to this part. 23.2255 Protection of structure.
23.2260 Materials and processes.
23.2265 Special factors of safety.
PART 23—AIRWORTHINESS STAND-
STRUCTURAL OCCUPANT PROTECTION
ARDS: NORMAL CATEGORY AIR-
PLANES 23.2270 Emergency conditions.

Subpart D—Design and Construction


Sec.
23.1457 Cockpit voice recorders. 23.2300 Flight control systems.
23.1459 Flight data recorders. 23.2305 Landing gear systems.
23.1529 Instructions for continued air- 23.2310 Buoyancy for seaplanes and amphib-
worthiness. ians.

Subpart A—General OCCUPANT SYSTEM DESIGN PROTECTION

23.2000 Applicability and definitions. 23.2315 Means of egress and emergency


23.2005 Certification of normal category air- exits.
planes. 23.2320 Occupant physical environment.
23.2010 Accepted means of compliance. FIRE AND HIGH ENERGY PROTECTION
Subpart B—Flight 23.2325 Fire protection.
23.2330 Fire protection in designated fire
PERFORMANCE zones and adjacent areas.
23.2335 Lightning protection.
23.2100 Weight and center of gravity.
23.2105 Performance data.
Subpart E—Powerplant
23.2110 Stall speed.
23.2115 Takeoff performance. 23.2400 Powerplant installation.
23.2120 Climb requirements. 23.2405 Automatic power or thrust control
23.2125 Climb information. systems.
23.2130 Landing. 23.2410 Powerplant installation hazard as-
sessment.
FLIGHT CHARACTERISTICS
23.2415 Powerplant ice protection.
23.2135 Controllability. 23.2420 Reversing systems.
23.2140 Trim. 23.2425 Powerplant operational characteris-
23.2145 Stability. tics.
23.2150 Stall characteristics, stall warning, 23.2430 Fuel system.
lhorne on DSKJLZT7X2PROD with CFR

and spins. 23.2435 Powerplant induction and exhaust


23.2155 Ground and water handling charac- systems.
teristics. 23.2440 Powerplant fire protection.

175

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00185 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 23.1457 14 CFR Ch. I (1–1–22 Edition)

Subpart F—Equipment (6) If datalink communication equip-


ment is installed, all datalink commu-
23.2500 Airplane level systems require-
ments.
nications, using an approved data mes-
23.2505 Function and installation. sage set. Datalink messages must be
23.2510 Equipment, systems, and installa- recorded as the output signal from the
tions. communications unit that translates
23.2515 Electrical and electronic system the signal into usable data.
lightning protection. (b) The recording requirements of
23.2520 High-intensity Radiated Fields paragraph (a)(2) of this section must be
(HIRF) protection.
23.2525 System power generation, storage, met by installing a cockpit-mounted
and distribution. area microphone, located in the best
23.2530 External and cockpit lighting. position for recording voice commu-
23.2535 Safety equipment. nications originating at the first and
23.2540 Flight in icing conditions. second pilot stations and voice commu-
23.2545 Pressurized system elements. nications of other crewmembers on the
23.2550 Equipment containing high-energy
flight deck when directed to those sta-
rotors.
tions. The microphone must be so lo-
Subpart G—Flightcrew Interface and Other cated and, if necessary, the pre-
Information amplifiers and filters of the recorder
must be so adjusted or supplemented,
23.2600 Flightcrew interface. so that the intelligibility of the re-
23.2605 Installation and operation. corded communications is as high as
23.2610 Instrument markings, control mark-
ings, and placards. practicable when recorded under flight
23.2615 Flight, navigation, and powerplant cockpit noise conditions and played
instruments. back. Repeated aural or visual play-
23.2620 Airplane flight manual. back of the record may be used in eval-
APPENDIX A TO PART 23—INSTRUCTIONS FOR uating intelligibility.
CONTINUED AIRWORTHINESS (c) Each cockpit voice recorder must
AUTHORITY: 49 U.S.C. 106(f), 106(g), 40113, be installed so that the part of the
44701–44702, 44704, Pub. L. 113–53, 127 Stat. 584 communication or audio signals speci-
(49 U.S.C. 44704) note. fied in paragraph (a) of this section ob-
SOURCE: Doc. No. FAA–2015–1621, Amdt. 23– tained from each of the following
64, 81 FR 96689, Dec. 30, 2016, unless otherwise sources is recorded on a separate chan-
noted. nel:
(1) For the first channel, from each
§ 23.1457 Cockpit voice recorders. boom, mask, or handheld microphone,
(a) Each cockpit voice recorder re- headset, or speaker used at the first
quired by the operating rules of this pilot station.
chapter must be approved and must be (2) For the second channel from each
installed so that it will record the fol- boom, mask, or handheld microphone,
lowing: headset, or speaker used at the second
(1) Voice communications trans- pilot station.
mitted from or received in the airplane (3) For the third channel—from the
by radio. cockpit-mounted area microphone.
(2) Voice communications of (4) For the fourth channel from:
flightcrew members on the flight deck. (i) Each boom, mask, or handheld
(3) Voice communications of microphone, headset, or speaker used
flightcrew members on the flight deck, at the station for the third and fourth
using the airplane’s interphone system. crewmembers.
(4) Voice or audio signals identifying (ii) If the stations specified in para-
navigation or approach aids introduced graph (c)(4)(i) of this section are not re-
into a headset or speaker. quired or if the signal at such a station
(5) Voice communications of is picked up by another channel, each
flightcrew members using the pas- microphone on the flight deck that is
senger loudspeaker system, if there is used with the passenger loudspeaker
such a system and if the fourth channel system, if its signals are not picked up
is available in accordance with the re- by another channel.
lhorne on DSKJLZT7X2PROD with CFR

quirements of paragraph (c)(4)(ii) of (5) And that as far as is practicable


this section. all sounds received by the microphone

176

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00186 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 23.1459

listed in paragraphs (c)(1), (2), and (4) of sequent heat damage to the recorder
this section must be recorded without from fire.
interruption irrespective of the posi- (1) Except as provided in paragraph
tion of the interphone-transmitter key (e)(2) of this section, the recorder con-
switch. The design shall ensure that tainer must be located as far aft as
sidetone for the flightcrew is produced practicable, but need not be outside of
only when the interphone, public ad- the pressurized compartment, and may
dress system, or radio transmitters are not be located where aft-mounted en-
in use. gines may crush the container during
(d) Each cockpit voice recorder must impact.
be installed so that: (2) If two separate combination dig-
(1)(i) It receives its electrical power ital flight data recorder and cockpit
from the bus that provides the max- voice recorder units are installed in-
imum reliability for operation of the stead of one cockpit voice recorder and
cockpit voice recorder without jeopard- one digital flight data recorder, the
izing service to essential or emergency combination unit that is installed to
loads. comply with the cockpit voice recorder
(ii) It remains powered for as long as requirements may be located near the
possible without jeopardizing emer- cockpit.
gency operation of the airplane. (f) If the cockpit voice recorder has a
(2) There is an automatic means to bulk erasure device, the installation
simultaneously stop the recorder and must be designed to minimize the prob-
prevent each erasure feature from func- ability of inadvertent operation and ac-
tioning, within 10 minutes after crash tuation of the device during crash im-
impact. pact.
(3) There is an aural or visual means (g) Each recorder container must—
for preflight checking of the recorder (1) Be either bright orange or bright
for proper operation. yellow;
(4) Any single electrical failure exter-
(2) Have reflective tape affixed to its
nal to the recorder does not disable
external surface to facilitate its loca-
both the cockpit voice recorder and the
tion under water; and
flight data recorder.
(3) Have an underwater locating de-
(5) It has an independent power
vice, when required by the operating
source—
rules of this chapter, on or adjacent to
(i) That provides 10 ±1 minutes of
the container, which is secured in such
electrical power to operate both the
manner that they are not likely to be
cockpit voice recorder and cockpit-
separated during crash impact.
mounted area microphone;
(ii) That is located as close as prac- § 23.1459 Flight data recorders.
ticable to the cockpit voice recorder;
and (a) Each flight recorder required by
(iii) To which the cockpit voice re- the operating rules of this chapter
corder and cockpit-mounted area must be installed so that—
microphone are switched automati- (1) It is supplied with airspeed, alti-
cally in the event that all other power tude, and directional data obtained
to the cockpit voice recorder is inter- from sources that meet the aircraft
rupted either by normal shutdown or level system requirements and the
by any other loss of power to the elec- functionality specified in § 23.2500;
trical power bus. (2) The vertical acceleration sensor is
(6) It is in a separate container from rigidly attached, and located longitu-
the flight data recorder when both are dinally either within the approved cen-
required. If used to comply with only ter of gravity limits of the airplane, or
the cockpit voice recorder require- at a distance forward or aft of these
ments, a combination unit may be in- limits that does not exceed 25 percent
stalled. of the airplane’s mean aerodynamic
(e) The recorder container must be chord;
located and mounted to minimize the (3)(i) It receives its electrical power
lhorne on DSKJLZT7X2PROD with CFR

probability of rupture of the container from the bus that provides the max-
as a result of crash impact and con- imum reliability for operation of the

177

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00187 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 23.1529 14 CFR Ch. I (1–1–22 Edition)

flight data recorder without jeopard- (2) Have reflective tape affixed to its
izing service to essential or emergency external surface to facilitate its loca-
loads; tion under water; and
(ii) It remains powered for as long as (3) Have an underwater locating de-
possible without jeopardizing emer- vice, when required by the operating
gency operation of the airplane; rules of this chapter, on or adjacent to
(4) There is an aural or visual means the container, which is secured in such
for preflight checking of the recorder a manner that they are not likely to be
for proper recording of data in the stor- separated during crash impact.
age medium; (e) Any novel or unique design or
(5) Except for recorders powered sole- operational characteristics of the air-
ly by the engine-driven electrical gen- craft shall be evaluated to determine if
erator system, there is an automatic any dedicated parameters must be re-
means to simultaneously stop a re- corded on flight recorders in addition
corder that has a data erasure feature to or in place of existing requirements.
and prevent each erasure feature from
functioning, within 10 minutes after § 23.1529 Instructions for continued
airworthiness.
crash impact;
(6) Any single electrical failure exter- The applicant must prepare Instruc-
nal to the recorder does not disable tions for Continued Airworthiness, in
both the cockpit voice recorder and the accordance with appendix A of this
flight data recorder; and part, that are acceptable to the Admin-
(7) It is in a separate container from istrator. The instructions may be in-
the cockpit voice recorder when both complete at type certification if a pro-
are required. If used to comply with gram exists to ensure their completion
only the flight data recorder require- prior to delivery of the first airplane or
ments, a combination unit may be in- issuance of a standard certificate of
stalled. If a combination unit is in- airworthiness, whichever occurs later.
stalled as a cockpit voice recorder to
comply with § 23.1457(e)(2), a combina- Subpart A—General
tion unit must be used to comply with
this flight data recorder requirement. § 23.2000 Applicability and definitions.
(b) Each non-ejectable record con- (a) This part prescribes airworthiness
tainer must be located and mounted so standards for the issuance of type cer-
as to minimize the probability of con- tificates, and changes to those certifi-
tainer rupture resulting from crash im- cates, for airplanes in the normal cat-
pact and subsequent damage to the egory.
record from fire. In meeting this re- (b) For the purposes of this part, the
quirement, the record container must following definition applies:
be located as far aft as practicable, but Continued safe flight and landing
need not be aft of the pressurized com- means an airplane is capable of contin-
partment, and may not be where aft- ued controlled flight and landing, pos-
mounted engines may crush the con- sibly using emergency procedures,
tainer upon impact. without requiring exceptional pilot
(c) A correlation must be established skill or strength. Upon landing, some
between the flight recorder readings of airplane damage may occur as a result
airspeed, altitude, and heading and the of a failure condition.
corresponding readings (taking into ac-
count correction factors) of the first pi- § 23.2005 Certification of normal cat-
lot’s instruments. The correlation egory airplanes.
must cover the airspeed range over (a) Certification in the normal cat-
which the airplane is to be operated, egory applies to airplanes with a pas-
the range of altitude to which the air- senger-seating configuration of 19 or
plane is limited, and 360 degrees of less and a maximum certificated take-
heading. Correlation may be estab- off weight of 19,000 pounds or less.
lished on the ground as appropriate. (b) Airplane certification levels are:
(d) Each recorder container must— (1) Level 1—for airplanes with a max-
lhorne on DSKJLZT7X2PROD with CFR

(1) Be either bright orange or bright imum seating configuration of 0 to 1


yellow; passengers.

178

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00188 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 23.2115

(2) Level 2—for airplanes with a max- weight and center of gravity must be
imum seating configuration of 2 to 6 well defined and easily repeatable.
passengers.
(3) Level 3—for airplanes with a max- § 23.2105 Performance data.
imum seating configuration of 7 to 9 (a) Unless otherwise prescribed, an
passengers. airplane must meet the performance
(4) Level 4—for airplanes with a max- requirements of this subpart in—
imum seating configuration of 10 to 19 (1) Still air and standard atmospheric
passengers. conditions at sea level for all airplanes;
(c) Airplane performance levels are: and
(1) Low speed—for airplanes with a (2) Ambient atmospheric conditions
VNO and VMO ≤ 250 Knots Calibrated within the operating envelope for lev-
Airspeed (KCAS) and a MMO ≤ 0.6. els 1 and 2 high-speed and levels 3 and
(2) High speed—for airplanes with a 4 airplanes.
VNO or VMO > 250 KCAS or a MMO > 0.6. (b) Unless otherwise prescribed, the
(d) Airplanes not certified for aero- applicant must develop the perform-
batics may be used to perform any ma- ance data required by this subpart for
neuver incident to normal flying, in- the following conditions:
cluding— (1) Airport altitudes from sea level to
(1) Stalls (except whip stalls); and 10,000 feet (3,048 meters); and
(2) Temperatures above and below
(2) Lazy eights, chandelles, and steep
standard day temperature that are
turns, in which the angle of bank is not
within the range of operating limita-
more than 60 degrees.
tions, if those temperatures could have
(e) Airplanes certified for aerobatics
a negative effect on performance.
may be used to perform maneuvers (c) The procedures used for deter-
without limitations, other than those mining takeoff and landing distances
limitations established under subpart must be executable consistently by pi-
G of this part. lots of average skill in atmospheric
§ 23.2010 Accepted means of compli- conditions expected to be encountered
ance. in service.
(d) Performance data determined in
(a) An applicant must comply with accordance with paragraph (b) of this
this part using a means of compliance, section must account for losses due to
which may include consensus stand- atmospheric conditions, cooling needs,
ards, accepted by the Administrator. and other demands on power sources.
(b) An applicant requesting accept-
ance of a means of compliance must § 23.2110 Stall speed.
provide the means of compliance to the The applicant must determine the
FAA in a form and manner acceptable airplane stall speed or the minimum
to the Administrator. steady flight speed for each flight con-
figuration used in normal operations,
Subpart B—Flight including takeoff, climb, cruise, de-
scent, approach, and landing. The stall
PERFORMANCE speed or minimum steady flight speed
determination must account for the
§ 23.2100 Weight and center of gravity.
most adverse conditions for each flight
(a) The applicant must determine configuration with power set at—
limits for weights and centers of grav- (a) Idle or zero thrust for propulsion
ity that provide for the safe operation systems that are used primarily for
of the airplane. thrust; and
(b) The applicant must comply with (b) A nominal thrust for propulsion
each requirement of this subpart at systems that are used for thrust, flight
critical combinations of weight and control, and/or high-lift systems.
center of gravity within the airplane’s
range of loading conditions using toler- § 23.2115 Takeoff performance.
ances acceptable to the Administrator. (a) The applicant must determine air-
lhorne on DSKJLZT7X2PROD with CFR

(c) The condition of the airplane at plane takeoff performance accounting


the time of determining its empty for—

179

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00189 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 23.2120 14 CFR Ch. I (1–1–22 Edition)

(1) Stall speed safety margins; undue pilot workload with the landing
(2) Minimum control speeds; and gear extended and flaps in the landing
(3) Climb gradients. configuration(s).
(b) For single engine airplanes and
levels 1, 2, and 3 low-speed multiengine § 23.2125 Climb information.
airplanes, takeoff performance includes (a) The applicant must determine
the determination of ground roll and climb performance at each weight, alti-
initial climb distance to 50 feet (15 me- tude, and ambient temperature within
ters) above the takeoff surface. the operating limitations—
(c) For levels 1, 2, and 3 high-speed (1) For all single-engine airplanes;
multiengine airplanes, and level 4 mul- (2) For levels 1 and 2 high-speed mul-
tiengine airplanes, takeoff performance tiengine airplanes and level 3 multien-
includes a determination the following gine airplanes, following a critical loss
distances after a sudden critical loss of of thrust on takeoff in the initial climb
thrust— configuration; and
(1) An aborted takeoff at critical (3) For all multiengine airplanes,
speed; during the enroute phase of flight with
(2) Ground roll and initial climb to 35 all engines operating and after a crit-
feet (11 meters) above the takeoff sur- ical loss of thrust in the cruise configu-
face; and ration.
(3) Net takeoff flight path.
(b) The applicant must determine the
§ 23.2120 Climb requirements. glide performance for single-engine air-
planes after a complete loss of thrust.
The design must comply with the fol-
lowing minimum climb performance § 23.2130 Landing.
out of ground effect:
(a) With all engines operating and in The applicant must determine the
the initial climb configuration— following, for standard temperatures at
(1) For levels 1 and 2 low-speed air- critical combinations of weight and al-
planes, a climb gradient of 8.3 percent titude within the operational limits:
for landplanes and 6.7 percent for sea- (a) The distance, starting from a
planes and amphibians; and height of 50 feet (15 meters) above the
(2) For levels 1 and 2 high-speed air- landing surface, required to land and
planes, all level 3 airplanes, and level 4 come to a stop.
single-engines a climb gradient after (b) The approach and landing speeds,
takeoff of 4 percent. configurations, and procedures, which
(b) After a critical loss of thrust on allow a pilot of average skill to land
multiengine airplanes— within the published landing distance
(1) For levels 1 and 2 low-speed air- consistently and without causing dam-
planes that do not meet single-engine age or injury, and which allow for a
crashworthiness requirements, a climb safe transition to the balked landing
gradient of 1.5 percent at a pressure al- conditions of this part accounting for:
titude of 5,000 feet (1,524 meters) in the (1) Stall speed safety margin; and
cruise configuration(s); (2) Minimum control speeds.
(2) For levels 1 and 2 high-speed air-
planes, and level 3 low-speed airplanes, FLIGHT CHARACTERISTICS
a 1 percent climb gradient at 400 feet § 23.2135 Controllability.
(122 meters) above the takeoff surface
with the landing gear retracted and (a) The airplane must be controllable
flaps in the takeoff configuration(s); and maneuverable, without requiring
and exceptional piloting skill, alertness, or
(3) For level 3 high-speed airplanes strength, within the operating enve-
and all level 4 airplanes, a 2 percent lope—
climb gradient at 400 feet (122 meters) (1) At all loading conditions for
above the takeoff surface with the which certification is requested;
landing gear retracted and flaps in the (2) During all phases of flight;
approach configuration(s). (3) With likely reversible flight con-
lhorne on DSKJLZT7X2PROD with CFR

(c) For a balked landing, a climb gra- trol or propulsion system failure; and
dient of 3 percent without creating (4) During configuration changes.

180

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00190 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 23.2155

(b) The airplane must be able to com- (2) Have dynamic short period and
plete a landing without causing sub- Dutch roll stability in normal oper-
stantial damage or serious injury using ations; and
the steepest approved approach gra- (3) Provide stable control force feed-
dient procedures and providing a rea- back throughout the operating enve-
sonable margin below Vref or above ap- lope.
proach angle of attack. (b) No airplane may exhibit any di-
(c) VMC is the calibrated airspeed at vergent longitudinal stability char-
which, following the sudden critical acteristic so unstable as to increase
loss of thrust, it is possible to maintain the pilot’s workload or otherwise en-
control of the airplane. For multien-
danger the airplane and its occupants.
gine airplanes, the applicant must de-
termine VMC, if applicable, for the most § 23.2150 Stall characteristics, stall
critical configurations used in takeoff warning, and spins.
and landing operations.
(d) If the applicant requests certifi- (a) The airplane must have control-
cation of an airplane for aerobatics, lable stall characteristics in straight
the applicant must demonstrate those flight, turning flight, and accelerated
aerobatic maneuvers for which certifi- turning flight with a clear and distinc-
cation is requested and determine tive stall warning that provides suffi-
entry speeds. cient margin to prevent inadvertent
stalling.
§ 23.2140 Trim. (b) Single-engine airplanes, not cer-
(a) The airplane must maintain lat- tified for aerobatics, must not have a
eral and directional trim without fur- tendency to inadvertently depart con-
ther force upon, or movement of, the trolled flight.
primary flight controls or cor- (c) Levels 1 and 2 multiengine air-
responding trim controls by the pilot, planes, not certified for aerobatics,
or the flight control system, under the must not have a tendency to inadvert-
following conditions: ently depart controlled flight from
(1) For levels 1, 2, and 3 airplanes in thrust asymmetry after a critical loss
cruise. of thrust.
(2) For level 4 airplanes in normal op- (d) Airplanes certified for aerobatics
erations. that include spins must have control-
(b) The airplane must maintain lon- lable stall characteristics and the abil-
gitudinal trim without further force ity to recover within one and one-half
upon, or movement of, the primary additional turns after initiation of the
flight controls or corresponding trim first control action from any point in a
controls by the pilot, or the flight con- spin, not exceeding six turns or any
trol system, under the following condi-
greater number of turns for which cer-
tions:
tification is requested, while remaining
(1) Climb.
within the operating limitations of the
(2) Level flight.
airplane.
(3) Descent.
(e) Spin characteristics in airplanes
(4) Approach.
certified for aerobatics that includes
(c) Residual control forces must not
spins must recover without exceeding
fatigue or distract the pilot during nor-
limitations and may not result in unre-
mal operations of the airplane and
likely abnormal or emergency oper- coverable spins—
ations, including a critical loss of (1) With any typical use of the flight
thrust on multiengine airplanes. or engine power controls; or
(2) Due to pilot disorientation or in-
§ 23.2145 Stability. capacitation.
(a) Airplanes not certified for aero-
§ 23.2155 Ground and water handling
batics must—
characteristics.
(1) Have static longitudinal, lateral,
lhorne on DSKJLZT7X2PROD with CFR

and directional stability in normal op- For airplanes intended for operation
erations; on land or water, the airplane must

181

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00191 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 23.2160 14 CFR Ch. I (1–1–22 Edition)

have controllable longitudinal and di- (i) 250 knots CAS;


rectional handling characteristics dur- (ii) VMO/MMO or VNE; or
ing taxi, takeoff, and landing oper- (iii) A speed at which the applicant
ations. demonstrates the airframe will be free
of ice accretion.
§ 23.2160 Vibration, buffeting, and (2) The means by which stall warning
high-speed characteristics. is provided to the pilot for flight in
(a) Vibration and buffeting, for oper- icing conditions and non-icing condi-
ations up to VD/MD, must not interfere tions is the same.
with the control of the airplane or (b) If an applicant requests certifi-
cause excessive fatigue to the cation for flight in icing conditions,
flightcrew. Stall warning buffet within the applicant must provide a means to
these limits is allowable. detect any icing conditions for which
(b) For high-speed airplanes and all certification is not requested and show
airplanes with a maximum operating the airplane’s ability to avoid or exit
altitude greater than 25,000 feet (7,620 those conditions.
meters) pressure altitude, there must (c) The applicant must develop an op-
be no perceptible buffeting in cruise erating limitation to prohibit inten-
configuration at 1g and at any speed up tional flight, including takeoff and
to VMO/MMO, except stall buffeting. landing, into icing conditions for which
(c) For high-speed airplanes, the ap- the airplane is not certified to operate.
plicant must determine the positive
maneuvering load factors at which the Subpart C—Structures
onset of perceptible buffet occurs in
the cruise configuration within the § 23.2200 Structural design envelope.
operational envelope. Likely inad- The applicant must determine the
vertent excursions beyond this bound- structural design envelope, which de-
ary must not result in structural dam- scribes the range and limits of airplane
age. design and operational parameters for
(d) High-speed airplanes must have which the applicant will show compli-
recovery characteristics that do not re- ance with the requirements of this sub-
sult in structural damage or loss of part. The applicant must account for
control, beginning at any likely speed all airplane design and operational pa-
up to VMO/MMO, following— rameters that affect structural loads,
(1) An inadvertent speed increase; strength, durability, and
and aeroelasticity, including:
(2) A high-speed trim upset for air- (a) Structural design airspeeds, land-
planes where dynamic pressure can im- ing descent speeds, and any other air-
pair the longitudinal trim system oper- speed limitation at which the applicant
ation. must show compliance to the require-
ments of this subpart. The structural
§ 23.2165 Performance and flight char- design airspeeds must—
acteristics requirements for flight (1) Be sufficiently greater than the
in icing conditions. stalling speed of the airplane to safe-
(a) An applicant who requests certifi- guard against loss of control in turbu-
cation for flight in icing conditions de- lent air; and
fined in part 1 of appendix C to part 25 (2) Provide sufficient margin for the
of this chapter, or an applicant who re- establishment of practical operational
quests certification for flight in these limiting airspeeds.
icing conditions and any additional at- (b) Design maneuvering load factors
mospheric icing conditions, must show not less than those, which service his-
the following in the icing conditions tory shows, may occur within the
for which certification is requested structural design envelope.
under normal operation of the ice pro- (c) Inertial properties including
tection system(s): weight, center of gravity, and mass
(1) Compliance with each require- moments of inertia, accounting for—
ment of this subpart, except those ap- (1) Each critical weight from the air-
lhorne on DSKJLZT7X2PROD with CFR

plicable to spins and any that must be plane empty weight to the maximum
demonstrated at speeds in excess of— weight; and

182

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00192 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 23.2235

(2) The weight and distribution of oc- taxi, takeoff, landing, and handling
cupants, payload, and fuel. conditions on the applicable surface in
(d) Characteristics of airplane con- normal and adverse attitudes and con-
trol systems, including range of motion figurations.
and tolerances for control surfaces,
high lift devices, or other moveable § 23.2225 Component loading condi-
surfaces. tions.
(e) Each critical altitude up to the The applicant must determine the
maximum altitude. structural design loads acting on:
(a) Each engine mount and its sup-
§ 23.2205 Interaction of systems and porting structure such that both are
structures. designed to withstand loads resulting
For airplanes equipped with systems from—
that modify structural performance, (1) Powerplant operation combined
alleviate the impact of this subpart’s with flight gust and maneuver loads;
requirements, or provide a means of and
compliance with this subpart, the ap- (2) For non-reciprocating power-
plicant must account for the influence plants, sudden powerplant stoppage.
and failure of these systems when (b) Each flight control and high-lift
showing compliance with the require- surface, their associated system and
ments of this subpart. supporting structure resulting from—
(1) The inertia of each surface and
STRUCTURAL LOADS mass balance attachment;
(2) Flight gusts and maneuvers;
§ 23.2210 Structural design loads. (3) Pilot or automated system inputs;
(a) The applicant must: (4) System induced conditions, in-
(1) Determine the applicable struc- cluding jamming and friction; and
tural design loads resulting from likely (5) Taxi, takeoff, and landing oper-
externally or internally applied pres- ations on the applicable surface, in-
sures, forces, or moments that may cluding downwind taxi and gusts occur-
occur in flight, ground and water oper- ring on the applicable surface.
ations, ground and water handling, and (c) A pressurized cabin resulting from
while the airplane is parked or moored. the pressurization differential—
(2) Determine the loads required by (1) From zero up to the maximum re-
paragraph (a)(1) of this section at all lief pressure combined with gust and
critical combinations of parameters, maneuver loads;
on and within the boundaries of the (2) From zero up to the maximum re-
structural design envelope. lief pressure combined with ground and
(b) The magnitude and distribution of water loads if the airplane may land
the applicable structural design loads with the cabin pressurized; and
required by this section must be based (3) At the maximum relief pressure
on physical principles. multiplied by 1.33, omitting all other
loads.
§ 23.2215 Flight load conditions.
The applicant must determine the § 23.2230 Limit and ultimate loads.
structural design loads resulting from The applicant must determine—
the following flight conditions: (a) The limit loads, which are equal
(a) Atmospheric gusts where the to the structural design loads unless
magnitude and gradient of these gusts otherwise specified elsewhere in this
are based on measured gust statistics. part; and
(b) Symmetric and asymmetric ma- (b) The ultimate loads, which are
neuvers. equal to the limit loads multiplied by a
(c) Asymmetric thrust resulting from 1.5 factor of safety unless otherwise
the failure of a powerplant unit. specified elsewhere in this part.
§ 23.2220 Ground and water load con- STRUCTURAL PERFORMANCE
ditions.
lhorne on DSKJLZT7X2PROD with CFR

The applicant must determine the § 23.2235 Structural strength.


structural design loads resulting from The structure must support:

183

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00193 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 23.2240 14 CFR Ch. I (1–1–22 Edition)

(a) Limit loads without— (4) Accounting for any critical fail-
(1) Interference with the safe oper- ures or malfunctions.
ation of the airplane; and (b) The applicant must establish tol-
(2) Detrimental permanent deforma- erances for all quantities that affect
tion. flutter.
(b) Ultimate loads.
DESIGN
§ 23.2240 Structural durability.
§ 23.2250 Design and construction
(a) The applicant must develop and principles.
implement inspections or other proce-
dures to prevent structural failures due (a) The applicant must design each
to foreseeable causes of strength deg- part, article, and assembly for the ex-
radation, which could result in serious pected operating conditions of the air-
or fatal injuries, or extended periods of plane.
operation with reduced safety margins. (b) Design data must adequately de-
Each of the inspections or other proce- fine the part, article, or assembly con-
dures developed under this section figuration, its design features, and any
must be included in the Airworthiness materials and processes used.
Limitations Section of the Instructions (c) The applicant must determine the
for Continued Airworthiness required suitability of each design detail and
by § 23.1529. part having an important bearing on
(b) For Level 4 airplanes, the proce- safety in operations.
dures developed for compliance with (d) The control system must be free
paragraph (a) of this section must be from jamming, excessive friction, and
capable of detecting structural damage excessive deflection when the airplane
before the damage could result in is subjected to expected limit airloads.
structural failure. (e) Doors, canopies, and exits must be
(c) For pressurized airplanes: protected against inadvertent opening
(1) The airplane must be capable of in flight, unless shown to create no
continued safe flight and landing fol- hazard when opened in flight.
lowing a sudden release of cabin pres-
sure, including sudden releases caused § 23.2255 Protection of structure.
by door and window failures. (a) The applicant must protect each
(2) For airplanes with maximum op- part of the airplane, including small
erating altitude greater than 41,000 parts such as fasteners, against dete-
feet, the procedures developed for com- rioration or loss of strength due to any
pliance with paragraph (a) of this sec- cause likely to occur in the expected
tion must be capable of detecting dam- operational environment.
age to the pressurized cabin structure (b) Each part of the airplane must
before the damage could result in rapid have adequate provisions for ventila-
decompression that would result in se- tion and drainage.
rious or fatal injuries. (c) For each part that requires main-
(d) The airplane must be designed to tenance, preventive maintenance, or
minimize hazards to the airplane due servicing, the applicant must incor-
to structural damage caused by high- porate a means into the aircraft design
energy fragments from an uncontained to allow such actions to be accom-
engine or rotating machinery failure. plished.

§ 23.2245 Aeroelasticity. § 23.2260 Materials and processes.


(a) The airplane must be free from (a) The applicant must determine the
flutter, control reversal, and diver- suitability and durability of materials
gence— used for parts, articles, and assemblies,
(1) At all speeds within and suffi- accounting for the effects of likely en-
ciently beyond the structural design vironmental conditions expected in
envelope; service, the failure of which could pre-
(2) For any configuration and condi- vent continued safe flight and landing.
tion of operation; (b) The methods and processes of fab-
lhorne on DSKJLZT7X2PROD with CFR

(3) Accounting for critical degrees of rication and assembly used must
freedom; and produce consistently sound structures.

184

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00194 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 23.2270

If a fabrication process requires close (c) The applicant must multiply the
control to reach this objective, the ap- highest pertinent special factor of safe-
plicant must perform the process under ty in the design for each part of the
an approved process specification. structure by each limit and ultimate
(c) Except as provided in paragraphs load, or ultimate load only, if there is
(f) and (g) of this section, the applicant no corresponding limit load, such as
must select design values that ensure occurs with emergency condition load-
material strength with probabilities ing.
that account for the criticality of the
structural element. Design values must STRUCTURAL OCCUPANT PROTECTION
account for the probability of struc-
tural failure due to material varia- § 23.2270 Emergency conditions.
bility. (a) The airplane, even when damaged
(d) If material strength properties in an emergency landing, must protect
are required, a determination of those each occupant against injury that
properties must be based on sufficient would preclude egress when—
tests of material meeting specifica- (1) Properly using safety equipment
tions to establish design values on a and features provided for in the design;
statistical basis. (2) The occupant experiences ulti-
(e) If thermal effects are significant mate static inertia loads likely to
on a critical component or structure occur in an emergency landing; and
under normal operating conditions, the (3) Items of mass, including engines
applicant must determine those effects or auxiliary power units (APUs), with-
on allowable stresses used for design. in or aft of the cabin, that could injure
(f) Design values, greater than the an occupant, experience ultimate stat-
minimums specified by this section, ic inertia loads likely to occur in an
may be used, where only guaranteed emergency landing.
minimum values are normally allowed, (b) The emergency landing conditions
if a specimen of each individual item is specified in paragraph (a)(1) and (a)(2)
tested before use to determine that the of this section, must—
actual strength properties of that par- (1) Include dynamic conditions that
ticular item will equal or exceed those are likely to occur in an emergency
used in the design. landing; and
(g) An applicant may use other mate- (2) Not generate loads experienced by
rial design values if approved by the the occupants, which exceed estab-
Administrator. lished human injury criteria for human
tolerance due to restraint or contact
§ 23.2265 Special factors of safety.
with objects in the airplane.
(a) The applicant must determine a (c) The airplane must provide protec-
special factor of safety for each critical tion for all occupants, accounting for
design value for each part, article, or likely flight, ground, and emergency
assembly for which that critical design landing conditions.
value is uncertain, and for each part, (d) Each occupant protection system
article, or assembly that is— must perform its intended function and
(1) Likely to deteriorate in service not create a hazard that could cause a
before normal replacement; or secondary injury to an occupant. The
(2) Subject to appreciable variability occupant protection system must not
because of uncertainties in manufac- prevent occupant egress or interfere
turing processes or inspection methods. with the operation of the airplane
(b) The applicant must determine a when not in use.
special factor of safety using quality (e) Each baggage and cargo compart-
controls and specifications that ac- ment must—
count for each— (1) Be designed for its maximum
(1) Type of application; weight of contents and for the critical
(2) Inspection method; load distributions at the maximum
(3) Structural test requirement; load factors corresponding to the flight
lhorne on DSKJLZT7X2PROD with CFR

(4) Sampling percentage; and and ground load conditions determined


(5) Process and material control. under this part;

185

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00195 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 23.2300 14 CFR Ch. I (1–1–22 Edition)

(2) Have a means to prevent the con- position when a non-deployed system
tents of the compartment from becom- position would be a hazard.
ing a hazard by impacting occupants or
shifting; and § 23.2310 Buoyancy for seaplanes and
(3) Protect any controls, wiring, amphibians.
lines, equipment, or accessories whose Airplanes intended for operations on
damage or failure would affect safe op- water, must—
erations. (a) Provide buoyancy of 80 percent in
excess of the buoyancy required to sup-
Subpart D—Design and port the maximum weight of the air-
Construction plane in fresh water; and
(b) Have sufficient margin so the air-
§ 23.2300 Flight control systems. plane will stay afloat at rest in calm
water without capsizing in case of a
(a) The applicant must design air-
likely float or hull flooding.
plane flight control systems to:
(1) Operate easily, smoothly, and OCCUPANT SYSTEM DESIGN PROTECTION
positively enough to allow proper per-
formance of their functions. § 23.2315 Means of egress and emer-
(2) Protect against likely hazards. gency exits.
(b) The applicant must design trim (a) With the cabin configured for
systems, if installed, to: takeoff or landing, the airplane is de-
(1) Protect against inadvertent, in- signed to:
correct, or abrupt trim operation. (1) Facilitate rapid and safe evacu-
(2) Provide a means to indicate— ation of the airplane in conditions like-
(i) The direction of trim control ly to occur following an emergency
movement relative to airplane motion; landing, excluding ditching for level 1,
(ii) The trim position with respect to level 2 and single engine level 3 air-
the trim range; planes.
(iii) The neutral position for lateral (2) Have means of egress (openings,
and directional trim; and exits or emergency exits), that can be
(iv) The range for takeoff for all ap- readily located and opened from the in-
plicant requested center of gravity side and outside. The means of opening
ranges and configurations. must be simple and obvious and
marked inside and outside the airplane.
§ 23.2305 Landing gear systems.
(3) Have easy access to emergency
(a) The landing gear must be de- exits when present.
signed to— (b) Airplanes approved for aerobatics
(1) Provide stable support and control must have a means to egress the air-
to the airplane during surface oper- plane in flight.
ation; and
(2) Account for likely system failures § 23.2320 Occupant physical environ-
and likely operation environments (in- ment.
cluding anticipated limitation (a) The applicant must design the
exceedances and emergency proce- airplane to—
dures). (1) Allow clear communication be-
(b) All airplanes must have a reliable tween the flightcrew and passengers;
means of stopping the airplane with (2) Protect the pilot and flight con-
sufficient kinetic energy absorption to trols from propellers; and
account for landing. Airplanes that are (3) Protect the occupants from seri-
required to demonstrate aborted take- ous injury due to damage to wind-
off capability must account for this ad- shields, windows, and canopies.
ditional kinetic energy. (b) For level 4 airplanes, each wind-
(c) For airplanes that have a system shield and its supporting structure di-
that actuates the landing gear, there rectly in front of the pilot must with-
is— stand, without penetration, the impact
(1) A positive means to keep the land- equivalent to a two-pound bird when
ing gear in the landing position; and the velocity of the airplane is equal to
lhorne on DSKJLZT7X2PROD with CFR

(2) An alternative means available to the airplane’s maximum approach flap


bring the landing gear in the landing speed.

186

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00196 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 23.2400

(c) The airplane must provide each fire extinguishing system, or be con-
occupant with air at a breathable pres- structed and sealed to contain any fire
sure, free of hazardous concentrations within the compartment.
of gases, vapors, and smoke during nor- (f) There must be a means to extin-
mal operations and likely failures. guish any fire in the cabin such that—
(d) If a pressurization system is in- (1) The pilot, while seated, can easily
stalled in the airplane, it must be de- access the fire extinguishing means;
signed to protect against— and
(1) Decompression to an unsafe level; (2) For levels 3 and 4 airplanes, pas-
and sengers have a fire extinguishing
(2) Excessive differential pressure. means available within the passenger
(e) If an oxygen system is installed in compartment.
the airplane, it must— (g) Each area where flammable fluids
(1) Effectively provide oxygen to each or vapors might escape by leakage of a
user to prevent the effects of hypoxia; fluid system must—
and (1) Be defined; and
(2) Be free from hazards in itself, in (2) Have a means to minimize the
its method of operation, and its effect probability of fluid and vapor ignition,
upon other components. and the resultant hazard, if ignition oc-
curs.
FIRE AND HIGH ENERGY PROTECTION (h) Combustion heater installations
§ 23.2325 Fire protection. must be protected from uncontained
fire.
(a) The following materials must be
self-extinguishing— § 23.2330 Fire protection in designated
(1) Insulation on electrical wire and fire zones and adjacent areas.
electrical cable; (a) Flight controls, engine mounts,
(2) For levels 1, 2, and 3 airplanes, and other flight structures within or
materials in the baggage and cargo adjacent to designated fire zones must
compartments inaccessible in flight; be capable of withstanding the effects
and of a fire.
(3) For level 4 airplanes, materials in (b) Engines in a designated fire zone
the cockpit, cabin, baggage, and cargo must remain attached to the airplane
compartments. in the event of a fire.
(b) The following materials must be (c) In designated fire zones, termi-
flame resistant— nals, equipment, and electrical cables
(1) For levels 1, 2 and 3 airplanes, ma- used during emergency procedures
terials in each compartment accessible must be fire-resistant.
in flight; and
(2) Any equipment associated with § 23.2335 Lightning protection.
any electrical cable installation and
The airplane must be protected
that would overheat in the event of cir-
against catastrophic effects from light-
cuit overload or fault.
ning.
(c) Thermal/acoustic materials in the
fuselage, if installed, must not be a
flame propagation hazard. Subpart E—Powerplant
(d) Sources of heat within each bag-
gage and cargo compartment that are § 23.2400 Powerplant installation.
capable of igniting adjacent objects (a) For the purpose of this subpart,
must be shielded and insulated to pre- the airplane powerplant installation
vent such ignition. must include each component nec-
(e) For level 4 airplanes, each bag- essary for propulsion, which affects
gage and cargo compartment must— propulsion safety, or provides auxiliary
(1) Be located where a fire would be power to the airplane.
visible to the pilots, or equipped with a (b) Each airplane engine and pro-
fire detection system and warning sys- peller must be type certificated, except
tem; and for engines and propellers installed on
lhorne on DSKJLZT7X2PROD with CFR

(2) Be accessible for the manual ex- level 1 low-speed airplanes, which may
tinguishing of a fire, have a built-in be approved under the airplane type

187

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00197 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 23.2405 14 CFR Ch. I (1–1–22 Edition)

certificate in accordance with a stand- § 23.2410 Powerplant installation haz-


ard accepted by the FAA that contains ard assessment.
airworthiness criteria the Adminis- The applicant must assess each pow-
trator has found appropriate and appli- erplant separately and in relation to
cable to the specific design and in- other airplane systems and installa-
tended use of the engine or propeller tions to show that any hazard resulting
and provides a level of safety accept- from the likely failure of any power-
able to the FAA. plant system, component, or accessory
(c) The applicant must construct and will not—
arrange each powerplant installation (a) Prevent continued safe flight and
to account for— landing or, if continued safe flight and
(1) Likely operating conditions, in- landing cannot be ensured, the hazard
cluding foreign object threats; has been minimized;
(2) Sufficient clearance of moving (b) Cause serious injury that may be
parts to other airplane parts and their avoided; and
surroundings; (c) Require immediate action by any
(3) Likely hazards in operation in- crewmember for continued operation of
cluding hazards to ground personnel; any remaining powerplant system.
and
§ 23.2415 Powerplant ice protection.
(4) Vibration and fatigue.
(d) Hazardous accumulations of (a) The airplane design, including the
fluids, vapors, or gases must be iso- induction and inlet system, must pre-
lated from the airplane and personnel vent foreseeable accumulation of ice or
compartments, and be safely contained snow that adversely affects powerplant
or discharged. operation.
(e) Powerplant components must (b) The powerplant installation de-
comply with their component limita- sign must prevent any accumulation of
tions and installation instructions or ice or snow that adversely affects pow-
be shown not to create a hazard. erplant operation, in those icing condi-
tions for which certification is re-
§ 23.2405 Automatic power or thrust quested.
control systems.
§ 23.2420 Reversing systems.
(a) An automatic power or thrust
Each reversing system must be de-
control system intended for in-flight
signed so that—
use must be designed so no unsafe con-
(a) No unsafe condition will result
dition will result during normal oper-
during normal operation of the system;
ation of the system.
and
(b) Any single failure or likely com- (b) The airplane is capable of contin-
bination of failures of an automatic ued safe flight and landing after any
power or thrust control system must single failure, likely combination of
not prevent continued safe flight and failures, or malfunction of the revers-
landing of the airplane. ing system.
(c) Inadvertent operation of an auto-
matic power or thrust control system § 23.2425 Powerplant operational char-
by the flightcrew must be prevented, or acteristics.
if not prevented, must not result in an (a) The installed powerplant must op-
unsafe condition. erate without any hazardous character-
(d) Unless the failure of an automatic istics during normal and emergency op-
power or thrust control system is ex- eration within the range of operating
tremely remote, the system must— limitations for the airplane and the en-
(1) Provide a means for the flightcrew gine.
to verify the system is in an operating (b) The pilot must have the capa-
condition; bility to stop the powerplant in flight
(2) Provide a means for the flightcrew and restart the powerplant within an
to override the automatic function; established operational envelope.
and
lhorne on DSKJLZT7X2PROD with CFR

(3) Prevent inadvertent deactivation § 23.2430 Fuel systems.


of the system. (a) Each fuel system must—

188

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00198 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 23.2440

(1) Be designed and arranged to pro- (2) Prevent contamination of the fuel
vide independence between multiple stored during likely operating condi-
fuel storage and supply systems so that tions; and
failure of any one component in one (3) Prevent the occurrence of any
system will not result in loss of fuel hazard to the airplane or to persons
storage or supply of another system; during refilling or recharging.
(2) Be designed and arranged to pre-
§ 23.2435 Powerplant induction and
vent ignition of the fuel within the sys- exhaust systems.
tem by direct lightning strikes or
swept lightning strokes to areas where (a) The air induction system for each
such occurrences are highly probable, powerplant or auxiliary power unit and
or by corona or streamering at fuel their accessories must—
vent outlets; (1) Supply the air required by that
powerplant or auxiliary power unit and
(3) Provide the fuel necessary to en-
its accessories under likely operating
sure each powerplant and auxiliary
conditions;
power unit functions properly in all
(2) Be designed to prevent likely haz-
likely operating conditions;
ards in the event of fire or backfire;
(4) Provide the flightcrew with a (3) Minimize the ingestion of foreign
means to determine the total useable matter; and
fuel available and provide uninter- (4) Provide an alternate intake if
rupted supply of that fuel when the blockage of the primary intake is like-
system is correctly operated, account- ly.
ing for likely fuel fluctuations; (b) The exhaust system, including ex-
(5) Provide a means to safely remove haust heat exchangers for each power-
or isolate the fuel stored in the system plant or auxiliary power unit, must—
from the airplane; (1) Provide a means to safely dis-
(6) Be designed to retain fuel under charge potential harmful material; and
all likely operating conditions and (2) Be designed to prevent likely haz-
minimize hazards to the occupants dur- ards from heat, corrosion, or blockage.
ing any survivable emergency landing.
For level 4 airplanes, failure due to § 23.2440 Powerplant fire protection.
overload of the landing system must be (a) A powerplant, auxiliary power
taken into account; and unit, or combustion heater that in-
(7) Prevent hazardous contamination cludes a flammable fluid and an igni-
of the fuel supplied to each powerplant tion source for that fluid must be in-
and auxiliary power unit. stalled in a designated fire zone.
(b) Each fuel storage system must— (b) Each designated fire zone must
(1) Withstand the loads under likely provide a means to isolate and miti-
operating conditions without failure; gate hazards to the airplane in the
(2) Be isolated from personnel com- event of fire or overheat within the
partments and protected from hazards zone.
due to unintended temperature influ- (c) Each component, line, fitting, and
control subject to fire conditions
ences;
must—
(3) Be designed to prevent significant
(1) Be designed and located to pre-
loss of stored fuel from any vent sys-
vent hazards resulting from a fire, in-
tem due to fuel transfer between fuel cluding any located adjacent to a des-
storage or supply systems, or under ignated fire zone that may be affected
likely operating conditions; by fire within that zone;
(4) Provide fuel for at least one-half (2) Be fire resistant if carrying flam-
hour of operation at maximum contin- mable fluids, gas, or air or required to
uous power or thrust; and operate in event of a fire; and
(5) Be capable of jettisoning fuel safe- (3) Be fireproof or enclosed by a fire
ly if required for landing. proof shield if storing concentrated
(c) Each fuel storage refilling or re- flammable fluids.
charging system must be designed to— (d) The applicant must provide a
lhorne on DSKJLZT7X2PROD with CFR

(1) Prevent improper refilling or re- means to prevent hazardous quantities


charging; of flammable fluids from flowing into,

189

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00199 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 23.2500 14 CFR Ch. I (1–1–22 Edition)

within or through each designated fire § 23.2505 Function and installation.


zone. This means must—
When installed, each item of equip-
(1) Not restrict flow or limit oper-
ment must function as intended.
ation of any remaining powerplant or
auxiliary power unit, or equipment § 23.2510 Equipment, systems, and in-
necessary for safety; stallations.
(2) Prevent inadvertent operation;
and For any airplane system or equip-
ment whose failure or abnormal oper-
(3) Be located outside the fire zone
unless an equal degree of safety is pro- ation has not been specifically ad-
vided with a means inside the fire zone. dressed by another requirement in this
part, the applicant must design and in-
(e) A means to ensure the prompt de-
tection of fire must be provided for stall each system and equipment, such
each designated fire zone— that there is a logical and acceptable
(1) On a multiengine airplane where inverse relationship between the aver-
detection will mitigate likely hazards age probability and the severity of fail-
to the airplane; or ure conditions to the extent that:
(2) That contains a fire extinguisher. (a) Each catastrophic failure condi-
(f) A means to extinguish fire within tion is extremely improbable;
a fire zone, except a combustion heater (b) Each hazardous failure condition
fire zone, must be provided for— is extremely remote; and
(1) Any fire zone located outside the (c) Each major failure condition is
pilot’s view; remote.
(2) Any fire zone embedded within the
§ 23.2515 Electrical and electronic sys-
fuselage, which must also include a re- tem lightning protection.
dundant means to extinguish fire; and
(3) Any fire zone on a level 4 airplane. An airplane approved for IFR oper-
ations must meet the following re-
quirements, unless an applicant shows
Subpart F—Equipment that exposure to lightning is unlikely:
§ 23.2500 Airplane level systems re- (a) Each electrical or electronic sys-
quirements. tem that performs a function, the fail-
ure of which would prevent the contin-
This section applies generally to in-
ued safe flight and landing of the air-
stalled equipment and systems unless a
plane, must be designed and installed
section of this part imposes require-
such that—
ments for a specific piece of equipment,
system, or systems. (1) The function at the airplane level
(a) The equipment and systems re- is not adversely affected during and
quired for an airplane to operate safely after the time the airplane is exposed
in the kinds of operations for which to lightning; and
certification is requested (Day VFR, (2) The system recovers normal oper-
Night VFR, IFR) must be designed and ation of that function in a timely man-
installed to— ner after the airplane is exposed to
(1) Meet the level of safety applicable lightning unless the system’s recovery
to the certification and performance conflicts with other operational or
level of the airplane; and functional requirements of the system.
(2) Perform their intended function (b) Each electrical and electronic
throughout the operating and environ- system that performs a function, the
mental limits for which the airplane is failure of which would significantly re-
certificated. duce the capability of the airplane or
(b) The systems and equipment not the ability of the flightcrew to respond
covered by paragraph (a), considered to an adverse operating condition,
separately and in relation to other sys- must be designed and installed such
tems, must be designed and installed so that the system recovers normal oper-
their operation does not have an ad- ation of that function in a timely man-
lhorne on DSKJLZT7X2PROD with CFR

verse effect on the airplane or its occu- ner after the airplane is exposed to
pants. lightning.

190

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00200 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 23.2550

§ 23.2520 High-intensity Radiated effects on the performance of


Fields (HIRF) protection. flightcrew duties.
(a) Each electrical and electronic (b) Any position and anti-collision
systems that perform a function, the lights, if required by part 91 of this
failure of which would prevent the con- chapter, must have the intensities,
tinued safe flight and landing of the flash rate, colors, fields of coverage,
airplane, must be designed and in- and other characteristics to provide
stalled such that— sufficient time for another aircraft to
avoid a collision.
(1) The function at the airplane level
(c) Any position lights, if required by
is not adversely affected during and
part 91 of this chapter, must include a
after the time the airplane is exposed
red light on the left side of the air-
to the HIRF environment; and
plane, a green light on the right side of
(2) The system recovers normal oper- the airplane, spaced laterally as far
ation of that function in a timely man- apart as practicable, and a white light
ner after the airplane is exposed to the facing aft, located on an aft portion of
HIRF environment, unless the system’s the airplane or on the wing tips.
recovery conflicts with other oper- (d) Any taxi and landing lights must
ational or functional requirements of be designed and installed so they pro-
the system. vide sufficient light for night oper-
(b) For airplanes approved for IFR ations.
operations, each electrical and elec- (e) For seaplanes or amphibian air-
tronic system that performs a func- planes, riding lights must provide a
tion, the failure of which would signifi- white light visible in clear atmospheric
cantly reduce the capability of the air- conditions.
plane or the ability of the flightcrew to
respond to an adverse operating condi- § 23.2535 Safety equipment.
tion, must be designed and installed Safety and survival equipment, re-
such that the system recovers normal quired by the operating rules of this
operation of that function in a timely chapter, must be reliable, readily ac-
manner after the airplane is exposed to cessible, easily identifiable, and clearly
the HIRF environment. marked to identify its method of oper-
ation.
§ 23.2525 System power generation,
storage, and distribution. § 23.2540 Flight in icing conditions.
The power generation, storage, and An applicant who requests certifi-
distribution for any system must be de- cation for flight in icing conditions de-
signed and installed to— fined in part 1 of appendix C to part 25
(a) Supply the power required for op- of this chapter, or an applicant who re-
eration of connected loads during all quests certification for flight in these
intended operating conditions; icing conditions and any additional at-
(b) Ensure no single failure or mal- mospheric icing conditions, must show
function of any one power supply, dis- the following in the icing conditions
tribution system, or other utilization for which certification is requested:
system will prevent the system from (a) The ice protection system pro-
supplying the essential loads required vides for safe operation.
for continued safe flight and landing; (b) The airplane design must provide
and protection from stalling when the
(c) Have enough capacity, if the pri- autopilot is operating.
mary source fails, to supply essential
loads, including non-continuous essen- § 23.2545 Pressurized systems ele-
tial loads for the time needed to com- ments.
plete the function required for contin- Pressurized systems must withstand
ued safe flight and landing. appropriate proof and burst pressures.
§ 23.2530 External and cockpit light- § 23.2550 Equipment containing high-
ing. energy rotors.
lhorne on DSKJLZT7X2PROD with CFR

(a) The applicant must design and in- Equipment containing high-energy
stall all lights to minimize any adverse rotors must be designed or installed to

191

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00201 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 23.2600 14 CFR Ch. I (1–1–22 Edition)

protect the occupants and airplane instrument marking necessary for op-
from uncontained fragments. eration.
(b) The design must clearly indicate
Subpart G—Flightcrew Interface the function of each cockpit control,
and Other Information other than primary flight controls.
(c) The applicant must include in-
§ 23.2600 Flightcrew interface. strument marking and placard infor-
mation in the Airplane Flight Manual.
(a) The pilot compartment, its equip-
ment, and its arrangement to include § 23.2615 Flight, navigation, and pow-
pilot view, must allow each pilot to erplant instruments.
perform his or her duties, including
taxi, takeoff, climb, cruise, descent, (a) Installed systems must provide
approach, landing, and perform any the flightcrew member who sets or
maneuvers within the operating enve- monitors parameters for the flight,
lope of the airplane, without excessive navigation, and powerplant, the infor-
concentration, skill, alertness, or fa- mation necessary to do so during each
tigue. phase of flight. This information
(b) The applicant must install flight, must—
navigation, surveillance, and power- (1) Be presented in a manner that the
plant controls and displays so qualified crewmember can monitor the param-
flightcrew can monitor and perform de- eter and determine trends, as needed,
fined tasks associated with the in- to operate the airplane; and
tended functions of systems and equip- (2) Include limitations, unless the
ment. The system and equipment de- limitation cannot be exceeded in all in-
sign must minimize flightcrew errors, tended operations.
which could result in additional haz- (b) Indication systems that integrate
ards. the display of flight or powerplant pa-
(c) For level 4 airplanes, the rameters to operate the airplane or are
flightcrew interface design must allow required by the operating rules of this
for continued safe flight and landing chapter must—
after the loss of vision through any one (1) Not inhibit the primary display of
of the windshield panels. flight or powerplant parameters needed
by any flightcrew member in any nor-
§ 23.2605 Installation and operation. mal mode of operation; and
(a) Each item of installed equipment (2) In combination with other sys-
related to the flightcrew interface tems, be designed and installed so in-
must be labelled, if applicable, as to it formation essential for continued safe
identification, function, or operating flight and landing will be available to
limitations, or any combination of the flightcrew in a timely manner after
these factors. any single failure or probable combina-
(b) There must be a discernible tion of failures.
means of providing system operating § 23.2620 Airplane flight manual.
parameters required to operate the air-
plane, including warnings, cautions, The applicant must provide an Air-
and normal indications to the respon- plane Flight Manual that must be de-
sible crewmember. livered with each airplane.
(c) Information concerning an unsafe (a) The Airplane Flight Manual must
system operating condition must be contain the following information—
provided in a timely manner to the (1) Airplane operating limitations;
crewmember responsible for taking (2) Airplane operating procedures;
corrective action. The information (3) Performance information;
must be clear enough to avoid likely (4) Loading information; and
crewmember errors. (5) Other information that is nec-
essary for safe operation because of de-
§ 23.2610 Instrument markings, control sign, operating, or handling character-
markings, and placards. istics.
lhorne on DSKJLZT7X2PROD with CFR

(a) Each airplane must display in a (b) The following sections of the Air-
conspicuous manner any placard and plane Flight Manual must be approved

192

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00202 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 23, App. A

by the FAA in a manner specified by data to the extent necessary for mainte-
the administrator— nance or preventive maintenance.
(1) For low-speed, level 1 and 2 air- (2) A description of the airplane and its
planes, those portions of the Airplane systems and installations including its en-
gines, propellers, and appliances.
Flight Manual containing the informa-
(3) Basic control and operation information
tion specified in paragraph (a)(1) of this describing how the airplane components and
section; and systems are controlled and how they oper-
(2) For high-speed level 1 and 2 air- ate, including any special procedures and
planes and all level 3 and 4 airplanes, limitations that apply.
those portions of the Airplane Flight (4) Servicing information that covers de-
Manual containing the information tails regarding servicing points, capacities of
specified in paragraphs (a)(1) thru (a)(4) tanks, reservoirs, types of fluids to be used,
of this section. pressures applicable to the various systems,
location of access panels for inspection and
servicing, locations of lubrication points, lu-
bricants to be used, equipment required for
servicing, tow instructions and limitations,
APPENDIX A TO PART 23—INSTRUCTIONS mooring, jacking, and leveling information.
FOR CONTINUED AIRWORTHINESS (b) Maintenance Instructions.
(1) Scheduling information for each part of
A23.1 General
the airplane and its engines, auxiliary power
(a) This appendix specifies requirements units, propellers, accessories, instruments,
for the preparation of Instructions for Con- and equipment that provides the rec-
tinued Airworthiness as required by this ommended periods at which they should be
part. cleaned, inspected, adjusted, tested, and lu-
(b) The Instructions for Continued Air- bricated, and the degree of inspection, the
worthiness for each airplane must include applicable wear tolerances, and work rec-
the Instructions for Continued Airworthiness ommended at these periods. However, the ap-
for each engine and propeller (hereinafter plicant may refer to an accessory, instru-
designated ‘‘products’’), for each appliance ment, or equipment manufacturer as the
required by this chapter, and any required source of this information if the applicant
information relating to the interface of shows that the item has an exceptionally
those appliances and products with the air- high degree of complexity requiring special-
plane. If Instructions for Continued Air- ized maintenance techniques, test equip-
worthiness are not supplied by the manufac- ment, or expertise. The recommended over-
turer of an appliance or product installed in haul periods and necessary cross reference to
the airplane, the Instructions for Continued the Airworthiness Limitations section of the
Airworthiness for the airplane must include manual must also be included. In addition,
the information essential to the continued the applicant must include an inspection
airworthiness of the airplane. program that includes the frequency and ex-
(c) The applicant must submit to the FAA tent of the inspections necessary to provide
a program to show how changes to the In- for the continued airworthiness of the air-
structions for Continued Airworthiness made plane.
by the applicant or by the manufacturers of (2) Troubleshooting information describing
products and appliances installed in the air- probable malfunctions, how to recognize
plane will be distributed. those malfunctions, and the remedial action
for those malfunctions.
A23.2 Format
(3) Information describing the order and
(a) The Instructions for Continued Air- method of removing and replacing products
worthiness must be in the form of a manual and parts with any necessary precautions to
or manuals as appropriate for the quantity be taken.
of data to be provided. (4) Other general procedural instructions
(b) The format of the manual or manuals including procedures for system testing dur-
must provide for a practical arrangement. ing ground running, symmetry checks,
weighing and determining the center of grav-
A23.3 Content ity, lifting and shoring, and storage limita-
The contents of the manual or manuals tions.
must be prepared in the English language. (c) Diagrams of structural access plates
The Instructions for Continued Airworthi- and information needed to gain access for in-
ness must contain the following manuals or spections when access plates are not pro-
sections and information: vided.
(a) Airplane maintenance manual or sec- (d) Details for the application of special in-
lhorne on DSKJLZT7X2PROD with CFR

tion. spection techniques including radiographic


(1) Introduction information that includes and ultrasonic testing where such processes
an explanation of the airplane’s features and are specified by the applicant.

193

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00203 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25 14 CFR Ch. I (1–1–22 Edition)
(e) Information needed to apply protective 25.33 Propeller speed and pitch limits.
treatments to the structure after inspection.
(f) All data relative to structural fasteners PERFORMANCE
such as identification, discard recommenda- 25.101 General.
tions, and torque values. 25.103 Stall speed.
(g) A list of special tools needed. 25.105 Takeoff.
(h) In addition, for level 4 airplanes, the
25.107 Takeoff speeds.
following information must be furnished—
25.109 Accelerate-stop distance.
(1) Electrical loads applicable to the var-
25.111 Takeoff path.
ious systems;
25.113 Takeoff distance and takeoff run.
(2) Methods of balancing control surfaces;
(3) Identification of primary and secondary 25.115 Takeoff flight path.
structures; and 25.117 Climb: general.
(4) Special repair methods applicable to 25.119 Landing climb: All-engines-operating.
the airplane. 25.121 Climb: One-engine-inoperative.
25.123 En route flight paths.
A23.4 Airworthiness limitations section. 25.125 Landing.
The Instructions for Continued Airworthi- CONTROLLABILITY AND MANEUVERABILITY
ness must contain a section titled Airworthi-
ness Limitations that is segregated and 25.143 General.
clearly distinguishable from the rest of the 25.145 Longitudinal control.
document. This section must set forth each 25.147 Directional and lateral control.
mandatory replacement time, structural in- 25.149 Minimum control speed.
spection interval, and related structural in-
spection procedure required for type certifi- TRIM
cation. If the Instructions for Continued Air- 25.161 Trim.
worthiness consist of multiple documents,
the section required by this paragraph must STABILITY
be included in the principal manual. This
25.171 General.
section must contain a legible statement in
25.173 Static longitudinal stability.
a prominent location that reads ‘‘The Air-
25.175 Demonstration of static longitudinal
worthiness Limitations section is FAA ap-
stability.
proved and specifies maintenance required
25.177 Static lateral-directional stability.
under §§ 43.16 and 91.403 of Title 14 of the Code
of Federal Regulations unless an alternative 25.181 Dynamic stability.
program has been FAA approved.’’ STALLS
25.201 Stall demonstration.
PART 25—AIRWORTHINESS STAND- 25.203 Stall characteristics.
ARDS: TRANSPORT CATEGORY 25.207 Stall warning.
AIRPLANES
GROUND AND WATER HANDLING
CHARACTERISTICS
SPECIAL FEDERAL AVIATION REGULATION NO.
13 25.231 Longitudinal stability and control.
SPECIAL FEDERAL AVIATION REGULATION NO. 25.233 Directional stability and control.
109 25.235 Taxiing condition.
25.237 Wind velocities.
Subpart A—General 25.239 Spray characteristics, control, and
stability on water.
Sec.
25.1 Applicability. MISCELLANEOUS FLIGHT REQUIREMENTS
25.2 Special retroactive requirements.
25.251 Vibration and buffeting.
25.3 Special provisions for ETOPS type de-
25.253 High-speed characteristics.
sign approvals.
25.255 Out-of-trim characteristics.
25.5 Incorporations by reference.

Subpart B—Flight Subpart C—Structure

GENERAL GENERAL

25.21 Proof of compliance. 25.301 Loads.


25.23 Load distribution limits. 25.303 Factor of safety.
25.25 Weight limits. 25.305 Strength and deformation.
25.27 Center of gravity limits. 25.307 Proof of structure.
lhorne on DSKJLZT7X2PROD with CFR

25.29 Empty weight and corresponding cen-


FLIGHT LOADS
ter of gravity.
25.31 Removable ballast. 25.321 General.

194

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00204 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25
FLIGHT MANEUVER AND GUST CONDITIONS 25.525 Application of loads.
25.527 Hull and main float load factors.
25.331 Symmetric maneuvering conditions.
25.529 Hull and main float landing condi-
25.333 Flight maneuvering envelope.
tions.
25.335 Design airspeeds.
25.531 Hull and main float takeoff condi-
25.337 Limit maneuvering load factors.
tion.
25.341 Gust and turbulence loads.
25.533 Hull and main float bottom pressures.
25.343 Design fuel and oil loads.
25.535 Auxiliary float loads.
25.345 High lift devices.
25.537 Seawing loads.
25.349 Rolling conditions.
25.351 Yaw maneuver conditions. EMERGENCY LANDING CONDITIONS
SUPPLEMENTARY CONDITIONS 25.561 General.
25.562 Emergency landing dynamic condi-
25.361 Engine and auxiliary power unit
tions.
torque.
25.563 Structural ditching provisions.
25.362 Engine failure loads.
25.363 Side load on engine and auxiliary FATIGUE EVALUATION
power unit mounts.
25.365 Pressurized compartment loads. 25.571 Damage—tolerance and fatigue eval-
25.367 Unsymmetrical loads due to engine uation of structure.
failure.
LIGHTNING PROTECTION
25.371 Gyroscopic loads.
25.373 Speed control devices. 25.581 Lightning protection.

CONTROL SURFACE AND SYSTEM LOADS Subpart D—Design and Construction


25.391 Control surface loads: General. GENERAL
25.393 Loads parallel to hinge line.
25.395 Control system. 25.601 General.
25.397 Control system loads. 25.603 Materials.
25.399 Dual control system. 25.605 Fabrication methods.
25.405 Secondary control system. 25.607 Fasteners.
25.407 Trim tab effects. 25.609 Protection of structure.
25.409 Tabs. 25.611 Accessibility provisions.
25.415 Ground gust conditions. 25.613 Material strength properties and ma-
25.427 Unsymmetrical loads. terial design values.
25.445 Auxiliary aerodynamic surfaces. 25.619 Special factors.
25.457 Wing flaps. 25.621 Casting factors.
25.459 Special devices. 25.623 Bearing factors.
25.625 Fitting factors.
GROUND LOADS 25.629 Aeroelastic stability requirements.
25.631 Bird strike damage.
25.471 General.
25.473 Landing load conditions and assump- CONTROL SURFACES
tions.
25.477 Landing gear arrangement. 25.651 Proof of strength.
25.479 Level landing conditions. 25.655 Installation.
25.481 Tail-down landing conditions. 25.657 Hinges.
25.483 One-gear landing conditions.
CONTROL SYSTEMS
25.485 Side load conditions.
25.487 Rebound landing condition. 25.671 General.
25.489 Ground handling conditions. 25.672 Stability augmentation and auto-
25.491 Taxi, takeoff and landing roll. matic and power-operated systems.
25.493 Braked roll conditions. 25.675 Stops.
25.495 Turning. 25.677 Trim systems.
25.497 Tail-wheel yawing. 25.679 Control system gust locks.
25.499 Nose-wheel yaw and steering. 25.681 Limit load static tests.
25.503 Pivoting. 25.683 Operation tests.
25.507 Reversed braking. 25.685 Control system details.
25.509 Towing loads. 25.689 Cable systems.
25.511 Ground load: unsymmetrical loads on 25.693 Joints.
multiple-wheel units. 25.697 Lift and drag devices, controls.
25.519 Jacking and tie-down provisions. 25.699 Lift and drag device indicator.
25.701 Flap and slat interconnection.
WATER LOADS 25.703 Takeoff warning system.
lhorne on DSKJLZT7X2PROD with CFR

25.521 General.
LANDING GEAR
25.523 Design weights and center of gravity
positions. 25.721 General.

195

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00205 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Pt. 25 14 CFR Ch. I (1–1–22 Edition)
25.723 Shock absorption tests. 25.857 Cargo compartment classification.
25.725–25.727 [Reserved] 25.858 Cargo or baggage compartment
25.729 Retracting mechanism. smoke or fire detection systems.
25.731 Wheels. 25.859 Combustion heater fire protection.
25.733 Tires. 25.863 Flammable fluid fire protection.
25.735 Brakes and braking systems. 25.865 Fire protection of flight controls, en-
25.737 Skis. gine mounts, and other flight structure.
25.867 Fire protection: other components.
FLOATS AND HULLS 25.869 Fire protection: systems.
25.751 Main float buoyancy.
MISCELLANEOUS
25.753 Main float design.
25.755 Hulls. 25.871 Leveling means.
25.875 Reinforcement near propellers.
PERSONNEL AND CARGO ACCOMMODATIONS 25.899 Electrical bonding and protection
25.771 Pilot compartment. against static electricity.
25.772 Pilot compartment doors.
25.773 Pilot compartment view. Subpart E—Powerplant
25.775 Windshields and windows.
GENERAL
25.777 Cockpit controls.
25.779 Motion and effect of cockpit controls. 25.901 Installation.
25.781 Cockpit control knob shape. 25.903 Engines.
25.783 Fuselage doors. 25.904 Automatic takeoff thrust control sys-
25.785 Seats, berths, safety belts, and har- tem (ATTCS).
nesses. 25.905 Propellers.
25.787 Stowage compartments. 25.907 Propeller vibration and fatigue.
25.789 Retention of items of mass in pas- 25.925 Propeller clearance.
senger and crew compartments and gal- 25.929 Propeller deicing.
leys. 25.933 Reversing systems.
25.791 Passenger information signs and plac- 25.934 Turbojet engine thrust reverser sys-
ards. tem tests.
25.793 Floor surfaces. 25.937 Turbopropeller-drag limiting sys-
25.795 Security considerations. tems.
25.939 Turbine engine operating characteris-
EMERGENCY PROVISIONS tics.
25.801 Ditching. 25.941 Inlet, engine, and exhaust compat-
25.803 Emergency evacuation. ibility.
25.807 Emergency exits. 25.943 Negative acceleration.
25.945 Thrust or power augmentation sys-
25.809 Emergency exit arrangement.
tem.
25.810 Emergency egress assist means and
escape routes. FUEL SYSTEM
25.811 Emergency exit marking.
25.812 Emergency lighting. 25.951 General.
25.813 Emergency exit access. 25.952 Fuel system analysis and test.
25.815 Width of aisle. 25.953 Fuel system independence.
25.817 Maximum number of seats abreast. 25.954 Fuel system lightning protection.
25.819 Lower deck service compartments 25.955 Fuel flow.
(including galleys). 25.957 Flow between interconnected tanks.
25.820 Lavatory doors. 25.959 Unusable fuel supply.
25.961 Fuel system hot weather operation.
VENTILATION AND HEATING 25.963 Fuel tanks: general.
25.965 Fuel tank tests.
25.831 Ventilation. 25.967 Fuel tank installations.
25.832 Cabin ozone concentration. 25.969 Fuel tank expansion space.
25.833 Combustion heating systems. 25.971 Fuel tank sump.
PRESSURIZATION 25.973 Fuel tank filler connection.
25.975 Fuel tank vents and carburetor vapor
25.841 Pressurized cabins. vents.
25.843 Tests for pressurized cabins. 25.977 Fuel tank outlet.
25.979 Pressure fueling system.
FIRE PROTECTION 25.981 Fuel tank explosion prevention.
25.851 Fire extinguishers.
FUEL SYSTEM COMPONENTS
25.853 Compartment interiors.
25.854 Lavatory fire protection. 25.991 Fuel pumps.
lhorne on DSKJLZT7X2PROD with CFR

25.855 Cargo or baggage compartments. 25.993 Fuel system lines and fittings.
25.856 Thermal/Acoustic insulation mate- 25.994 Fuel system components.
rials. 25.995 Fuel valves.

196

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00206 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25
25.997 Fuel strainer or filter. 25.1192 Engine accessory section diaphragm.
25.999 Fuel system drains. 25.1193 Cowling and nacelle skin.
25.1001 Fuel jettisoning system. 25.1195 Fire extinguishing systems.
25.1197 Fire extinguishing agents.
OIL SYSTEM 25.1199 Extinguishing agent containers.
25.1011 General. 25.1201 Fire extinguishing system materials.
25.1013 Oil tanks. 25.1203 Fire detector system.
25.1015 Oil tank tests. 25.1207 Compliance.
25.1017 Oil lines and fittings.
25.1019 Oil strainer or filter. Subpart F—Equipment
25.1021 Oil system drains.
GENERAL
25.1023 Oil radiators.
25.1025 Oil valves. 25.1301 Function and installation.
25.1027 Propeller feathering system. 25.1302 Installed systems and equipment for
use by the flightcrew.
COOLING 25.1303 Flight and navigation instruments.
25.1041 General. 25.1305 Powerplant instruments.
25.1043 Cooling tests. 25.1307 Miscellaneous equipment.
25.1045 Cooling test procedures. 25.1309 Equipment, systems, and installa-
tions.
INDUCTION SYSTEM 25.1310 Power source capacity and distribu-
tion.
25.1091 Air induction. 25.1316 Electrical and electronic system
25.1093 Induction system icing protection. lightning protection.
25.1101 Carburetor air preheater design. 25.1317 High-intensity Radiated Fields
25.1103 Induction system ducts and air duct (HIRF) Protection.
systems.
25.1105 Induction system screens. INSTRUMENTS: INSTALLATION
25.1107 Inter-coolers and after-coolers.
25.1321 Arrangement and visibility.
EXHAUST SYSTEM 25.1322 Flightcrew alerting.
25.1323 Airspeed indicating system.
25.1121 General. 25.1324 Angle of attack system.
25.1123 Exhaust piping. 25.1325 Static pressure systems.
25.1125 Exhaust heat exchangers. 25.1326 Pitot heat indication systems.
25.1127 Exhaust driven turbo-superchargers. 25.1327 Magnetic direction indicator.
25.1329 Flight guidance system.
POWERPLANT CONTROLS AND ACCESSORIES
25.1331 Instruments using a power supply.
25.1141 Powerplant controls: general. 25.1333 Instrument systems.
25.1142 Auxiliary power unit controls. 25.1337 Powerplant instruments.
25.1143 Engine controls.
25.1145 Ignition switches. ELECTRICAL SYSTEMS AND EQUIPMENT
25.1147 Mixture controls. 25.1351 General.
25.1149 Propeller speed and pitch controls. 25.1353 Electrical equipment and installa-
25.1153 Propeller feathering controls. tions.
25.1155 Reverse thrust and propeller pitch 25.1355 Distribution system.
settings below the flight regime. 25.1357 Circuit protective devices.
25.1157 Carburetor air temperature controls. 25.1360 Precautions against injury.
25.1159 Supercharger controls. 25.1362 Electrical supplies for emergency
25.1161 Fuel jettisoning system controls. conditions.
25.1163 Powerplant accessories. 25.1363 Electrical system tests.
25.1165 Engine ignition systems. 25.1365 Electrical appliances, motors, and
25.1167 Accessory gearboxes. transformers.
POWERPLANT FIRE PROTECTION LIGHTS
25.1181 Designated fire zones; regions in- 25.1381 Instrument lights.
cluded. 25.1383 Landing lights.
25.1182 Nacelle areas behind firewalls, and 25.1385 Position light system installation.
engine pod attaching structures con- 25.1387 Position light system dihedral an-
taining flammable fluid lines. gles.
25.1183 Flammable fluid-carrying compo- 25.1389 Position light distribution and in-
nents. tensities.
25.1185 Flammable fluids. 25.1391 Minimum intensities in the hori-
25.1187 Drainage and ventilation of fire zontal plane of forward and rear position
lhorne on DSKJLZT7X2PROD with CFR

zones. lights.
25.1189 Shutoff means. 25.1393 Minimum intensities in any vertical
25.1191 Firewalls. plane of forward and rear position lights.

197

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00207 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Pt. 25 14 CFR Ch. I (1–1–22 Edition)
25.1395 Maximum intensities in overlapping 25.1531 Maneuvering flight load factors.
beams of forward and rear position 25.1533 Additional operating limitations.
lights. 25.1535 ETOPS approval.
25.1397 Color specifications.
25.1399 Riding light. MARKINGS AND PLACARDS
25.1401 Anticollision light system. 25.1541 General.
25.1403 Wing icing detection lights. 25.1543 Instrument markings: general.
SAFETY EQUIPMENT 25.1545 Airspeed limitation information.
25.1547 Magnetic direction indicator.
25.1411 General. 25.1549 Powerplant and auxiliary power unit
25.1415 Ditching equipment. instruments.
25.1419 Ice protection. 25.1551 Oil quantity indication.
25.1420 Supercooled large drop icing condi- 25.1553 Fuel quantity indicator.
tions. 25.1555 Control markings.
25.1421 Megaphones. 25.1557 Miscellaneous markings and plac-
25.1423 Public address system.
ards.
MISCELLANEOUS EQUIPMENT 25.1561 Safety equipment.
25.1563 Airspeed placard.
25.1431 Electronic equipment.
25.1433 Vacuum systems. AIRPLANE FLIGHT MANUAL
25.1435 Hydraulic systems.
25.1581 General.
25.1438 Pressurization and pneumatic sys-
tems. 25.1583 Operating limitations.
25.1439 Protective breathing equipment. 25.1585 Operating procedures.
25.1441 Oxygen equipment and supply. 25.1587 Performance information.
25.1443 Minimum mass flow of supplemental
oxygen. Subpart H—Electrical Wiring
25.1445 Equipment standards for the oxygen Interconnection Systems (EWIS)
distributing system.
25.1447 Equipment standards for oxygen dis- 25.1701 Definition.
pensing units. 25.1703 Function and installation: EWIS.
25.1449 Means for determining use of oxy- 25.1705 Systems and functions: EWIS.
gen. 25.1707 System separation: EWIS.
25.1450 Chemical oxygen generators. 25.1709 System safety: EWIS.
25.1453 Protection of oxygen equipment 25.1711 Component identification: EWIS.
from rupture. 25.1713 Fire protection: EWIS.
25.1455 Draining of fluids subject to freez- 25.1715 Electrical bonding and protection
ing. against static electricity: EWIS.
25.1457 Cockpit voice recorders. 25.1717 Circuit protective devices: EWIS.
25.1459 Flight data recorders. 25.1719 Accessibility provisions: EWIS.
25.1461 Equipment containing high energy 25.1721 Protection of EWIS.
rotors. 25.1723 Flammable fluid fire protection:
EWIS.
Subpart G—Operating Limitations and 25.1725 Powerplants: EWIS.
Information 25.1727 Flammable fluid shutoff means:
EWIS.
25.1501 General. 25.1729 Instructions for Continued Air-
worthiness: EWIS.
OPERATING LIMITATIONS 25.1731 Powerplant and APU fire detector
25.1503 Airspeed limitations: general. system: EWIS.
25.1505 Maximum operating limit speed. 25.1733 Fire detector systems, general:
25.1507 Maneuvering speed. EWIS.
25.1511 Flap extended speed.
25.1513 Minimum control speed. Subpart I—Special Federal Aviation
25.1515 Landing gear speeds. Regulations
25.1516 Other speed limitations.
25.1517 Rough air speed, VRA. 25.1801 SFAR No. 111—Lavatory Oxygen
25.1519 Weight, center of gravity, and Systems.
weight distribution. APPENDIX A TO PART 25
25.1521 Powerplant limitations. APPENDIX B TO PART 25
25.1522 Auxiliary power unit limitations. APPENDIX C TO PART 25
25.1523 Minimum flight crew. APPENDIX D TO PART 25
25.1525 Kinds of operation. APPENDIX E TO PART 25
25.1527 Ambient air temperature and oper- APPENDIX F TO PART 25
lhorne on DSKJLZT7X2PROD with CFR

ating altitude. APPENDIX G TO PART 25 [RESERVED]


25.1529 Instructions for Continued Air- APPENDIX H TO PART 25—INSTRUCTIONS FOR
worthiness. CONTINUED AIRWORTHINESS

198

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00208 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, SFAR No. 13
APPENDIX I TO PART 25—INSTALLATION OF AN creased to more than 1,200 horsepower but
AUTOMATIC TAKEOFF THRUST CONTROL not to more than 1,350 horsepower per engine
SYSTEM (ATTCS) if the increase in power does not adversely
APPENDIX J TO PART 25—EMERGENCY EVACU- affect the flight characteristics of the air-
ATION plane.
APPENDIX K TO PART 25—EXTENDED OPER- (b) Increase in take-off power limitation to
ATIONS (ETOPS) more than 1,350 horsepower. The engine take-
APPENDIX L TO PART 25—HIRF ENVIRON- off power limitation for the airplane may be
MENTS AND EQUIPMENT HIRF TEST LEV-
increased to more than 1,350 horsepower per
ELS
engine if compliance is shown with the flight
APPENDIX M TO PART 25—FUEL TANK SYSTEM
characteristics and ground handling require-
FLAMMABILITY REDUCTION MEANS
APPENDIX N TO PART 25—FUEL TANK FLAM- ments of Part 4b.
MABILITY EXPOSURE AND RELIABILITY (c) Installation of engines of not more than
ANALYSIS 1,830 cubic inches displacement and not having
APPENDIX O TO PART 25—SUPERCOOLED LARGE a certificated take-off rating of more than 1,350
DROP ICING CONDITIONS horsepower. Engines of not more than 1,830
cubic inches displacement and not having a
AUTHORITY: 49 U.S.C. 106(f), 106(g), 40113, certificated take-off rating of more than
44701, 44702 and 44704. 1,350 horsepower which necessitate a major
SOURCE: Docket No. 5066, 29 FR 18291, Dec. modification of redesign of the engine instal-
24, 1964, unless otherwise noted. lation may be installed, if the engine fire
prevention and fire protection are equivalent
SPECIAL FEDERAL AVIATION REGULATION to that on the prior engine installation.
NO. 13 (d) Installation of engines of more than 1,830
cubic inches displacement or having certificated
1. Applicability. Contrary provisions of the take-off rating of more than 1,350 horsepower.
Civil Air Regulations regarding certification Engines of more than 1,830 cubic inches dis-
notwithstanding, 1 this regulation shall pro-
placement or having certificated take-off
vide the basis for approval by the Adminis-
rating of more than 1,350 horsepower may be
trator of modifications of individual Douglas
installed if compliance is shown with the en-
DC–3 and Lockheed L–18 airplanes subse-
quent to the effective date of this regulation. gine installation requirements of Part 4b:
2. General modifications. Except as modified Provided, That where literal compliance with
in sections 3 and 4 of this regulation, an ap- the engine installation requirements of Part
plicant for approval of modifications to a 4b is extremely difficult to accomplish and
DC–3 or L–18 airplane which result in would not contribute materially to the ob-
changes in design or in changes to approved jective sought, and the Administrator finds
limitations shall show that the modifica- that the experience with the DC–3 or L–18
tions were accomplished in accordance with airplanes justifies it, he is authorized to ac-
the rules of either Part 4a or Part 4b in ef- cept such measures of compliance as he finds
fect on September 1, 1953, which are applica- will effectively accomplish the basic objec-
ble to the modification being made: Provided, tive.
That an applicant may elect to accomplish a 4. Establishment of new maximum certificated
modification in accordance with the rules of weights. An applicant for approval of new
Part 4b in effect on the date of application maximum certificated weights shall apply
for the modification in lieu of Part 4a or for an amendment of the airworthiness cer-
Part 4b as in effect on September 1, 1953: And tificate of the airplane and shall show that
provided further, That each specific modifica- the weights sought have been established,
tion must be accomplished in accordance and the appropriate manual material ob-
with all of the provisions contained in the tained, as provided in this section.
elected rules relating to the particular modi-
fication. NOTE: Transport category performance re-
3. Specific conditions for approval. An appli- quirements result in the establishment of
cant for any approval of the following spe- maximum certificated weights for various
cific changes shall comply with section 2 of altitudes.
this regulation as modified by the applicable (a) Weights–25,200 to 26,900 for the DC–3 and
provisions of this section. 18,500 to 19,500 for the L–18. New maximum
(a) Increase in take-off power limitation— certificated weights of more than 25,200 but
1,200 to 1,350 horsepower. The engine take-off not more than 26,900 pounds for DC–3 and
power limitation for the airplane may be in- more than 18,500 but not more than 19,500
pounds for L–18 airplanes may be established
1 It is not intended to waive compliance in accordance with the transport category
with such airworthiness requirements as are performance requirements of either Part 4a
or Part 4b, if the airplane at the new max-
lhorne on DSKJLZT7X2PROD with CFR

included in the operating parts of the Civil


Air Regulations for specific types of oper- imum weights can meet the structural re-
ation. quirements of the elected part.

199

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00209 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, SFAR No. 109 14 CFR Ch. I (1–1–22 Edition)
(b) Weights of more than 26,900 for the DC–3 (a) The passenger capacity may not exceed
and 19,500 for the L–18. New maximum certifi- 60. If more than 60 passenger seats are in-
cated weights of more than 26,900 pounds for stalled, then:
DC–3 and 19,500 pounds for L–18 airplanes (1) If the extra seats are not suitable for
shall be established in accordance with the occupancy during taxi, takeoff and landing,
structural performance, flight characteris- each extra seat must be clearly marked (e.g.,
tics, and ground handling requirements of a placard on the top of an armrest, or a
Part 4b: Provided, That where literal compli- placard sewn into the top of the back cush-
ance with the structural requirements of ion) that the seat is not to be occupied dur-
Part 4b is extremely difficult to accomplish ing taxi, takeoff and landing.
and would not contribute materially to the (2) If the extra seats are suitable for occu-
objective sought, and the Administrator pancy during taxi, takeoff and landing (i.e.,
meet all the strength and passenger injury
finds that the experience with the DC–3 or L–
criteria in part 25), then a note must be in-
18 airplanes justifies it, he is authorized to
cluded in the Limitations Section of the Air-
accept such measures of compliance as he
plane Flight Manual that there are extra
finds will effectively accomplish the basic seats installed but that the number of pas-
objective. sengers on the airplane must not exceed 60.
(c) Airplane flight manual-performance oper- Additionally, there must be a placard in-
ating information. An approved airplane flight stalled adjacent to each door that can be
manual shall be provided for each DC–3 and used as a passenger boarding door that states
L–18 airplane which has had new maximum that the maximum passenger capacity is 60.
certificated weights established under this The placard must be clearly legible to pas-
section. The airplane flight manual shall sengers entering the airplane.
contain the applicable performance informa- (b) For airplanes outfitted with interior
tion prescribed in that part of the regula- doors under paragraph 10 of this SFAR, the
tions under which the new certificated airplane flight manual (AFM) must include
weights were established and such additional an appropriate limitation that the airplane
information as may be necessary to enable must be staffed with at least the following
the application of the take-off, en route, and number of flight attendants who meet the re-
landing limitations prescribed for transport quirements of 14 CFR 91.533(b):
category airplanes in the operating parts of (1) The number of flight attendants re-
the Civil Air Regulations. quired by § 91.533(a)(1) and (2) of this chapter,
(d) Performance operating limitations. Each and
airplane for which new maximum certifi- (2) At least one flight attendant if the air-
cated weights are established in accordance plane model was originally certified for 75
with paragraphs (a) or (b) of this section passengers or more.
shall be considered a transport category air- (c) The AFM must include appropriate lim-
plane for the purpose of complying with the itation(s) to require a preflight passenger
performance operating limitations applica- briefing describing the appropriate functions
ble to the operations in which it is utilized. to be performed by the passengers and the
relevant features of the airplane to ensure
5. Reference. Unless otherwise provided, all
the safety of the passengers and crew.
references in this regulation to Part 4a and
(d) The airplane may not be offered for
Part 4b are those parts of the Civil Air Regu-
common carriage or operated for hire. The
lations in effect on September 1, 1953.
operating limitations section of the AFM
This regulation supersedes Special Civil must be revised to prohibit any operations
Air Regulation SR–398 and shall remain ef- involving the carriage of persons or property
fective until superseded or rescinded by the for compensation or hire. The operators may
Board. receive remuneration to the extent con-
[19 FR 5039, Aug. 11, 1954. Redesignated at 29 sistent with parts 125 and 91, subpart F, of
FR 19099, Dec. 30, 1964] this chapter.
(e) A placard stating that ‘‘Operations in-
SPECIAL FEDERAL AVIATION REGULATION volving the carriage of persons or property
for compensation or hire are prohibited,’’
NO. 109 must be located in the area of the Airworthi-
1. Applicability. Contrary provisions of 14 ness Certificate holder at the entrance to the
CFR parts 21, 25, and 119 of this chapter not- flightdeck.
(f) For passenger capacities of 45 to 60 pas-
withstanding, an applicant is entitled to an
sengers, analysis must be submitted that
amended type certificate or supplemental
demonstrates that the airplane can be evacu-
type certificate in the transport category, if
ated in less than 90 seconds under the condi-
the applicant complies with all applicable
tions specified in § 25.803 and appendix J to
provisions of this SFAR.
part 25.
lhorne on DSKJLZT7X2PROD with CFR

Operations (g) In order for any airplane certified under


this SFAR to be placed in part 135 or part 121
2. General. operations, the airplane must be brought

200

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00210 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, SFAR No. 109
back into full compliance with the applica- not exceed 130g. Pelvic acceleration data
ble operational part. must be processed as defined in FMVSS part
571.214, section S6.13.5 (49 CFR 571.214).
Equipment and Design (5) Body-to-Wall/Furnishing Contact. If the
3. General. Unless otherwise noted, compli- seat is installed aft of a structure—such as
ance is required with the applicable certifi- an interior wall or furnishing that may con-
cation basis for the airplane. Some provi- tact the pelvis, upper arm, chest, or head of
sions of this SFAR impose alternative re- an occupant seated next to the structure—
quirements to certain airworthiness stand- the structure or a conservative representa-
ards that do not apply to airplanes certifi- tion of the structure and its stiffness must
cated to earlier standards. Those airplanes be included in the tests. It is recommended,
with an earlier certification basis are not re- but not required, that the contact surface of
quired to comply with those alternative re- the actual structure be covered with at least
quirements. two inches of energy absorbing protective
4. Occupant Protection. padding (foam or equivalent) such as
(a) Firm Handhold. In lieu of the require- Ensolite.
ments of § 25.785(j), there must be means pro- (6) Shoulder Strap Loads. Where upper torso
vided to enable persons to steady themselves straps (shoulder straps) are used for sofa oc-
in moderately rough air while occupying cupants, the tension loads in individual
aisles that are along the cabin sidewall, or straps may not exceed 1,750 pounds. If dual
where practicable, bordered by seats (seat straps are used for restraining the upper
backs providing a 25-pound minimum break- torso, the total strap tension loads may not
away force are an acceptable means of com- exceed 2,000 pounds.
pliance). (7) Occupant Retention. All side-facing seats
(b) Injury criteria for multiple occupancy require end closures or other means to pre-
side-facing seats. The following require- vent the ATD’s pelvis from translating be-
ments are only applicable to airplanes that yond the end of the seat at any time during
are subject to § 25.562. testing.
(1) Existing Criteria. All injury protection (8) Test Parameters.
criteria of § 25.562(c)(1) through (c)(6) apply to (i) All seat positions need to be occupied by
the occupants of side-facing seating. The ATDs for the longitudinal tests.
Head Injury Criterion (HIC) assessments are (ii) A minimum of one longitudinal test,
only required for head contact with the seat
conducted in accordance with the conditions
and/or adjacent structures.
specified in § 25.562(b)(2), is required to assess
(2) Body-to-Body Contact. Contact between
the injury criteria as follows. Note that if a
the head, pelvis, torso or shoulder area of
seat is installed aft of structure (such as an
one Anthropomorphic Test Dummy (ATD)
interior wall or furnishing) that does not
with the head, pelvis, torso or shoulder area
have a homogeneous surface, an additional
of the ATD in the adjacent seat is not al-
test or tests may be required to demonstrate
lowed during the tests conducted in accord-
that the injury criteria are met for the area
ance with § 25.562(b)(1) and (b)(2). Contact
during rebound is allowed. which an occupant could contact. For exam-
(3) Thoracic Trauma. If the torso of an ATD ple, different yaw angles could result in dif-
at the forward-most seat place impacts the ferent injury considerations and may require
seat and/or adjacent structure during test- separate tests to evaluate.
ing, compliance with the Thoracic Trauma (A) For configurations without structure
Index (TTI) injury criterion must be substan- (such as a wall or bulkhead) installed di-
tiated by dynamic test or by rational anal- rectly forward of the forward seat place, Hy-
ysis based on previous test(s) of a similar brid II ATDs or equivalent must be in all
seat installation. TTI data must be acquired seat places.
with a Side Impact Dummy (SID), as defined (B) For configurations with structure (such
by 49 CFR part 572, subpart F, or an equiva- as a wall or bulkhead) installed directly for-
lent ATD or a more appropriate ATD and ward of the forward seat place, a side impact
must be processed as defined in Federal dummy or equivalent ATD or more appro-
Motor Vehicle Safety Standards (FMVSS) priate ATD must be in the forward seat place
part 571.214, section S6.13.5 (49 CFR 571.214). and a Hybrid II ATD or equivalent must be
The TTI must be less than 85, as defined in in all other seat places.
49 CFR part 572, subpart F. Torso contact (C) The test may be conducted with or
during rebound is acceptable and need not be without deformed floor.
measured. (D) The test must be conducted with either
(4) Pelvis. If the pelvis of an ATD at any no yaw or 10 degrees yaw for evaluating oc-
seat place impacts seat and/or adjacent cupant injury. Deviating from the no yaw
structure during testing, pelvic lateral accel- condition may not result in the critical area
eration injury criteria must be substantiated of contact not being evaluated. The upper
lhorne on DSKJLZT7X2PROD with CFR

by dynamic test or by rational analysis torso restraint straps, where installed, must
based on previous test(s) of a similar seat in- remain on the occupant’s shoulder during
stallation. Pelvic lateral acceleration may the impact condition of § 25.562(b)(2).

201

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00211 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, SFAR No. 109 14 CFR Ch. I (1–1–22 Edition)
(c) For the vertical test, conducted in ac- (a) The sign can be read from the aisle
cordance with the conditions specified in while directly facing the exit, and
§ 25.562(b)(1), Hybrid II ATDs or equivalent (b) The sign can be read from the aisle ad-
must be used in all seat positions. jacent to the passenger seat that is farthest
5. Direct View. In lieu of the requirements from the exit and that does not have an in-
of § 25.785(h)(2), to the extent practical with- tervening bulkhead/divider or exit.
out compromising proximity to a required 9. Emergency Lighting.
floor level emergency exit, the majority of (a) Exit Signs. In lieu of the requirements of
installed flight attendant seats must be lo- § 25.812(b)(1), for airplanes that have a pas-
cated to face the cabin area for which the senger seating configuration, excluding pilot
flight attendant is responsible. seats, of 19 seats or less, the emergency exit
6. Passenger Information Signs. Compliance signs required by § 25.811(d)(1), (2), and (3)
with § 25.791 is required except that for must have red letters at least 1-inch high on
§ 25.791(a), when smoking is to be prohibited, a white background at least 2 inches high.
notification to the passengers may be pro- These signs may be internally electrically il-
vided by a single placard so stating, to be luminated, or self illuminated by other than
conspicuously located inside the passenger electrical means, with an initial brightness
compartment, easily visible to all persons of at least 160 microlamberts. The color may
entering the cabin in the immediate vicinity be reversed in the case of a sign that is self-
of each passenger entry door. illuminated by other than electrical means.
7. Distance Between Exits. For an airplane (b) Floor Proximity Escape Path Marking. In
that is required to comply with § 25.807(f)(4), lieu of the requirements of § 25.812(e)(1), for
in effect as of July 24, 1989, which has more cabin seating compartments that do not
than one passenger emergency exit on each have the main cabin aisle entering and
side of the fuselage, no passenger emergency exiting the compartment, the following are
exit may be more than 60 feet from any adja- applicable:
cent passenger emergency exit on the same (1) After a passenger leaves any passenger
side of the same deck of the fuselage, as seat in the compartment, he/she must be
measured parallel to the airplane’s longitu- able to exit the compartment to the main
dinal axis between the nearest exit edges, cabin aisle using only markings and visual
unless the following conditions are met: features not more that 4 feet above the cabin
(a) Each passenger seat must be located floor, and
within 30 feet from the nearest exit on each (2) Proceed to the exits using the marking
side of the fuselage, as measured parallel to system necessary to accomplish the actions
the airplane’s longitudinal axis, between the in § 25.812(e)(1) and (e)(2).
nearest exit edge and the front of the seat (c) Transverse Separation of the Fuselage. In
bottom cushion. the event of a transverse separation of the
(b) The number of passenger seats located fuselage, compliance must be shown with
between two adjacent pairs of emergency § 25.812(l) except as follows:
exits (commonly referred to as a passenger (1) For each airplane type originally type
zone) or between a pair of exits and a bulk- certificated with a maximum passenger seat-
head or a compartment door (commonly re- ing capacity of 9 or less, not more than 50
ferred to as a ‘‘dead-end zone’’), may not ex- percent of all electrically illuminated emer-
ceed the following: gency lights required by § 25.812 may be ren-
(1) For zones between two pairs of exits, 50 dered inoperative in addition to the lights
percent of the combined rated capacity of that are directly damaged by the separation.
the two pairs of emergency exits. (2) For each airplane type originally type
(2) For zones between one pair of exits and certificated with a maximum passenger seat-
a bulkhead, 40 percent of the rated capacity ing capacity of 10 to 19, not more than 33 per-
of the pair of emergency exits. cent of all electrically illuminated emer-
(c) The total number of passenger seats in gency lights required by § 25.812 may be ren-
the airplane may not exceed 33 percent of the dered inoperative in addition to the lights
maximum seating capacity for the airplane that are directly damaged by the separation.
model using the exit ratings listed in 10. Interior doors. In lieu of the require-
§ 25.807(g) for the original certified exits or ments of § 25.813(e), interior doors may be in-
the maximum allowable after modification stalled between passenger seats and exits,
when exits are deactivated, whichever is less. provided the following requirements are met.
(d) A distance of more than 60 feet between (a) Each door between any passenger seat,
adjacent passenger emergency exits on the occupiable for taxi, takeoff, and landing, and
same side of the same deck of the fuselage, any emergency exit must have a means to
as measured parallel to the airplane’s longi- signal to the flightcrew, at the flightdeck,
tudinal axis between the nearest exit edges, that the door is in the open position for taxi,
is allowed only once on each side of the fuse- takeoff and landing.
lage. (b) Appropriate procedures/limitations
lhorne on DSKJLZT7X2PROD with CFR

8. Emergency Exit Signs. In lieu of the re- must be established to ensure that any such
quirements of § 25.811(d)(1) and (2) a single door is in the open configuration for takeoff
sign at each exit may be installed provided: and landing.

202

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00212 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, SFAR No. 109
(c) Each door between any passenger seat contents, e.g., soup, sauces, etc., from the ef-
and any exit must have dual means to retain fects of flight loads and turbulence. Re-
it in the open position, each of which is capa- straints must be provided to preclude haz-
ble of reacting the inertia loads specified in ardous movement of cookware and contents.
§ 25.561. These restraints must accommodate any
(d) Doors installed across a longitudinal cookware that is identified for use with the
aisle must translate laterally to open and cooktop. Restraints must be designed to be
close, e.g., pocket doors. easily utilized and effective in service. The
(e) Each door between any passenger seat cookware restraint system should also be de-
and any exit must be frangible in either di- signed so that it will not be easily disabled,
rection. thus rendering it unusable. Placarding must
(f) Each door between any passenger seat be installed which prohibits the use of
and any exit must be operable from either cookware that cannot be accommodated by
side, and if a locking mechanism is installed, the restraint system.
it must be capable of being unlocked from ei- (c) Placarding must be installed which pro-
ther side without the use of special tools. hibits the use of cooktops (i.e., power on any
11. Width of Aisle. Compliance is required burner) during taxi, takeoff, and landing.
with § 25.815, except that aisle width may be (d) Means must be provided to address the
reduced to 0 inches between passenger seats possibility of a fire occurring on or in the
during in-flight operations only, provided immediate vicinity of the cooktop. Two ac-
that the applicant demonstrates that all ceptable means of complying with this re-
areas of the cabin are easily accessible by a
quirement are as follows:
crew member in the event of an emergency
(1) Placarding must be installed that pro-
(e.g., in-flight fire, decompression). Addition-
hibits any burner from being powered when
ally, instructions must be provided at each
the cooktop is unattended. (NOTE: This
passenger seat for restoring the aisle width
would prohibit a single person from cooking
required by § 25.815. Procedures must be es-
tablished and documented in the AFM to en- on the cooktop and intermittently serving
sure that the required aisle widths are pro- food to passengers while any burner is pow-
vided during taxi, takeoff, and landing. ered.) A fire detector must be installed in the
12. Materials for Compartment Interiors. vicinity of the cooktop which provides an au-
Compliance is required with the applicable dible warning in the passenger cabin, and a
provisions of § 25.853, except that compliance fire extinguisher of appropriate size and ex-
with appendix F, parts IV and V, to part 25, tinguishing agent must be installed in the
need not be demonstrated if it can be shown immediate vicinity of the cooktop. Access to
by test or a combination of test and analysis the extinguisher may not be blocked by a
that the maximum time for evacuation of all fire on or around the cooktop.
occupants does not exceed 45 seconds under (2) An automatic, thermally activated fire
the conditions specified in appendix J to part suppression system must be installed to ex-
25. tinguish a fire at the cooktop and imme-
13. Fire Detection. For airplanes with a type diately adjacent surfaces. The agent used in
certificated passenger capacity of 20 or more, the system must be an approved total flood-
there must be means that meet the require- ing agent suitable for use in an occupied
ments of § 25.858(a) through (d) to signal the area. The fire suppression system must have
flightcrew in the event of a fire in any iso- a manual override. The automatic activation
lated room not occupiable for taxi, takeoff of the fire suppression system must also
and landing, which can be closed off from the automatically shut off power to the cooktop.
rest of the cabin by a door. The indication (e) The surfaces of the galley surrounding
must identify the compartment where the the cooktop which would be exposed to a fire
fire is located. This does not apply to lava- on the cooktop surface or in cookware on the
tories, which continue to be governed by cooktop must be constructed of materials
§ 25.854. that comply with the flammability require-
14. Cooktops. Each cooktop must be de- ments of part III of appendix F to part 25.
signed and installed to minimize any poten- This requirement is in addition to the flam-
tial threat to the airplane, passengers, and mability requirements typically required of
crew. Compliance with this requirement the materials in these galley surfaces. Dur-
must be found in accordance with the fol- ing the selection of these materials, consid-
lowing criteria: eration must also be given to ensure that the
(a) Means, such as conspicuous burner-on flammability characteristics of the mate-
indicators, physical barriers, or handholds, rials will not be adversely affected by the use
must be installed to minimize the potential of cleaning agents and utensils used to re-
for inadvertent personnel contact with hot move cooking stains.
surfaces of both the cooktop and cookware. (f) The cooktop must be ventilated with a
Conditions of turbulence must be considered. system independent of the airplane cabin and
lhorne on DSKJLZT7X2PROD with CFR

(b) Sufficient design means must be in- cargo ventilation system. Procedures and
cluded to restrain cookware while in place time intervals must be established to inspect
on the cooktop, as well as representative and clean or replace the ventilation system

203

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00213 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
§ 25.1 14 CFR Ch. I (1–1–22 Edition)
to prevent a fire hazard from the accumula- § 25.2 Special retroactive require-
tion of flammable oils and be included in the ments.
instructions for continued airworthiness.
The ventilation system ducting must be pro- The following special retroactive re-
tected by a flame arrestor. [NOTE: The appli- quirements are applicable to an air-
cant may find additional useful information plane for which the regulations ref-
in Society of Automotive Engineers, Aero- erenced in the type certificate predate
space Recommended Practice 85, Rev. E, en- the sections specified below—
titled ‘‘Air Conditioning Systems for Sub- (a) Irrespective of the date of applica-
sonic Airplanes,’’ dated August 1, 1991.] tion, each applicant for a supplemental
(g) Means must be provided to contain type certificate (or an amendment to a
spilled foods or fluids in a manner that will
prevent the creation of a slipping hazard to
type certificate) involving an increase
occupants and will not lead to the loss of in passenger seating capacity to a total
structural strength due to airplane corro- greater than that for which the air-
sion. plane has been type certificated must
(h) Cooktop installations must provide show that the airplane concerned
adequate space for the user to immediately meets the requirements of:
escape a hazardous cooktop condition. (1) Sections 25.721(d), 25.783(g),
(i) A means to shut off power to the 25.785(c), 25.803(c)(2) through (9), 25.803
cooktop must be provided at the galley con- (d) and (e), 25.807 (a), (c), and (d), 25.809
taining the cooktop and in the cockpit. If ad- (f) and (h), 25.811, 25.812, 25.813 (a), (b),
ditional switches are introduced in the cock-
and (c), 25.815, 25.817, 25.853 (a) and (b),
pit, revisions to smoke or fire emergency
procedures of the AFM will be required. 25.855(a), 25.993(f), and 25.1359(c) in ef-
(j) If the cooktop is required to have a lid fect on October 24, 1967, and
to enclose the cooktop there must be a (2) Sections 25.803(b) and 25.803(c)(1)
means to automatically shut off power to in effect on April 23, 1969.
the cooktop when the lid is closed. (b) Irrespective of the date of applica-
15. Hand-Held Fire Extinguishers. tion, each applicant for a supplemental
(a) For airplanes that were originally type type certificate (or an amendment to a
certificated with more than 60 passengers, type certificate) for an airplane manu-
the number of hand-held fire extinguishers factured after October 16, 1987, must
must be the greater of— show that the airplane meets the re-
(1) That provided in accordance with the quirements of § 25.807(c)(7) in effect on
requirements of § 25.851, or
July 24, 1989.
(2) A number equal to the number of origi-
nally type certificated exit pairs, regardless (c) Compliance with subsequent revi-
of whether the exits are deactivated for the sions to the sections specified in para-
proposed configuration. graph (a) or (b) of this section may be
(b) Extinguishers must be evenly distrib- elected or may be required in accord-
uted throughout the cabin. These extin- ance with § 21.101(a) of this chapter.
guishers are in addition to those required by
paragraph 14 of this SFAR, unless it can be [Amdt. 25–72, 55 FR 29773, July 20, 1990, as
shown that the cooktop was installed in the amended by Amdt. 25–99, 65 FR 36266, June 7,
immediate vicinity of the original exits. 2000]
16. Security. The requirements of § 25.795 are
not applicable to airplanes approved in ac-
§ 25.3 Special provisions for ETOPS
cordance with this SFAR.
type design approvals.
(a) Applicability. This section applies
[Doc. No. FAA–2007–28250, 74 FR 21541, May 8,
2009] to an applicant for ETOPS type design
approval of an airplane:
(1) That has an existing type certifi-
Subpart A—General cate on February 15, 2007; or
(2) For which an application for an
§ 25.1 Applicability.
original type certificate was submitted
(a) This part prescribes airworthiness before February 15, 2007.
standards for the issue of type certifi- (b) Airplanes with two engines. (1) For
cates, and changes to those certifi- ETOPS type design approval of an air-
cates, for transport category airplanes. plane up to and including 180 minutes,
(b) Each person who applies under an applicant must comply with
Part 21 for such a certificate or change § 25.1535, except that it need not comply
lhorne on DSKJLZT7X2PROD with CFR

must show compliance with the appli- with the following provisions of Appen-
cable requirements in this part. dix K, K25.1.4, of this part:

204

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00214 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.21

(i) K25.1.4(a), fuel system pressure Subpart B—Flight


and flow requirements;
(ii) K25.1.4(a)(3), low fuel alerting; GENERAL
and
(iii) K25.1.4(c), engine oil tank design. § 25.21 Proof of compliance.
(2) For ETOPS type design approval (a) Each requirement of this subpart
of an airplane beyond 180 minutes an must be met at each appropriate com-
applicant must comply with § 25.1535. bination of weight and center of grav-
(c) Airplanes with more than two en-
ity within the range of loading condi-
gines. An applicant for ETOPS type de-
tions for which certification is re-
sign approval must comply with
quested. This must be shown—
§ 25.1535 for an airplane manufactured
(1) By tests upon an airplane of the
on or after February 17, 2015, except
that, for an airplane configured for a type for which certification is re-
three person flight crew, the applicant quested, or by calculations based on,
need not comply with Appendix K, and equal in accuracy to, the results of
K25.1.4(a)(3), of this part, low fuel alert- testing; and
ing. (2) By systematic investigation of
each probable combination of weight
[Doc. No. FAA–2002–6717, 72 FR 1873, Jan. 16, and center of gravity, if compliance
2007] cannot be reasonably inferred from
§ 25.5 Incorporations by reference. combinations investigated.
(b) [Reserved]
(a) The materials listed in this sec- (c) The controllability, stability,
tion are incorporated by reference in
trim, and stalling characteristics of
the corresponding sections noted.
the airplane must be shown for each al-
These incorporations by reference were
titude up to the maximum expected in
approved by the Director of the Federal
operation.
Register in accordance with 5 U.S.C.
552(a) and 1 CFR part 51. These mate- (d) Parameters critical for the test
rials are incorporated as they exist on being conducted, such as weight, load-
the date of the approval, and notice of ing (center of gravity and inertia), air-
any change in these materials will be speed, power, and wind, must be main-
published in the FEDERAL REGISTER. tained within acceptable tolerances of
The materials are available for pur- the critical values during flight test-
chase at the corresponding addresses ing.
noted below, and all are available for (e) If compliance with the flight
inspection at the National Archives characteristics requirements is depend-
and Records Administration (NARA). ent upon a stability augmentation sys-
For information on the availability of tem or upon any other automatic or
this material at NARA, call 202–741– power-operated system, compliance
6030, or go to: http://www.archives.gov/ must be shown with §§ 25.671 and 25.672.
federal-register/cfr/ibr-locations.html. (f) In meeting the requirements of
(b) The following materials are avail- §§ 25.105(d), 25.125, 25.233, and 25.237, the
able for purchase from the following wind velocity must be measured at a
address: The National Technical Infor- height of 10 meters above the surface,
mation Services (NTIS), Springfield, or corrected for the difference between
Virginia 22166. the height at which the wind velocity
(1) Fuel Tank Flammability Assess- is measured and the 10-meter height.
ment Method User’s Manual, dated (g) The requirements of this subpart
May 2008, document number DOT/FAA/ associated with icing conditions apply
AR–05/8, IBR approved for § 25.981 and only if the applicant is seeking certifi-
Appendix N. It can also be obtained at cation for flight in icing conditions.
the following Web site: http:// (1) Paragraphs (g)(3) and (4) of this
www.fire.tc.faa.gov/systems/fueltank/ section apply only to airplanes with
FTFAM.stm. one or both of the following attributes:
(2) [Reserved] (i) Maximum takeoff gross weight is
less than 60,000 lbs; or
lhorne on DSKJLZT7X2PROD with CFR

[73 FR 42494, July 21, 2008, as amended by


Doc. No. FAA–2018–0119, Amdt. 21–101, 83 FR (ii) The airplane is equipped with re-
9169, Mar. 5, 2018] versible flight controls.

205

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00215 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.23 14 CFR Ch. I (1–1–22 Edition)

(2) Each requirement of this subpart, procedures established by the applicant


except §§ 25.121(a), 25.123(c), 25.143(b)(1) and provided in the airplane flight
and (2), 25.149, 25.201(c)(2), 25.239, and manual.
25.251(b) through (e), must be met in [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
the icing conditions specified in Appen- amended by Amdt. 25–23, 35 FR 5671, Apr. 8,
dix C of this part. Section 25.207(c) and 1970; Amdt. 25–42, 43 FR 2320, Jan. 16, 1978;
(d) must be met in the landing configu- Amdt. 25–72, 55 FR 29774, July 20, 1990; Amdt.
ration in the icing conditions specified 25–121, 72 FR 44665, Aug. 8, 2007 Amdt. 25–135,
in Appendix C, but need not be met for 76 FR 74654, Dec. 1, 2011; Amdt. 25–140, 79 FR
other configurations. Compliance must 65524, Nov. 4, 2014]
be shown using the ice accretions de-
§ 25.23 Load distribution limits.
fined in part II of Appendix C of this
part, assuming normal operation of the (a) Ranges of weights and centers of
airplane and its ice protection system gravity within which the airplane may
in accordance with the operating limi- be safely operated must be established.
tations and operating procedures estab- If a weight and center of gravity com-
lished by the applicant and provided in bination is allowable only within cer-
the airplane flight manual. tain load distribution limits (such as
(3) If the applicant does not seek cer- spanwise) that could be inadvertently
tification for flight in all icing condi- exceeded, these limits and the cor-
tions defined in Appendix O of this responding weight and center of grav-
part, each requirement of this subpart, ity combinations must be established.
except §§ 25.105, 25.107, 25.109, 25.111, (b) The load distribution limits may
25.113, 25.115, 25.121, 25.123, 25.143(b)(1), not exceed—
(b)(2), and (c)(1), 25.149, 25.201(c)(2), (1) The selected limits;
25.207(c), (d), and (e)(1), 25.239, and (2) The limits at which the structure
25.251(b) through (e), must be met in is proven; or
the Appendix O icing conditions for (3) The limits at which compliance
which certification is not sought in with each applicable flight require-
order to allow a safe exit from those ment of this subpart is shown.
conditions. Compliance must be shown
using the ice accretions defined in part § 25.25 Weight limits.
II, paragraphs (b) and (d) of Appendix (a) Maximum weights. Maximum
O, assuming normal operation of the weights corresponding to the airplane
airplane and its ice protection system operating conditions (such as ramp,
in accordance with the operating limi- ground or water taxi, takeoff, en route,
tations and operating procedures estab- and landing), environmental conditions
lished by the applicant and provided in (such as altitude and temperature), and
the airplane flight manual. loading conditions (such as zero fuel
(4) If the applicant seeks certifi- weight, center of gravity position and
cation for flight in any portion of the weight distribution) must be estab-
icing conditions of Appendix O of this lished so that they are not more than—
part, each requirement of this subpart, (1) The highest weight selected by
except §§ 25.121(a), 25.123(c), 25.143(b)(1) the applicant for the particular condi-
and (2), 25.149, 25.201(c)(2), 25.239, and tions; or
25.251(b) through (e), must be met in (2) The highest weight at which com-
the Appendix O icing conditions for pliance with each applicable structural
which certification is sought. Section loading and flight requirement is
25.207(c) and (d) must be met in the shown, except that for airplanes
landing configuration in the Appendix equipped with standby power rocket
O icing conditions for which certifi- engines the maximum weight must not
cation is sought, but need not be met be more than the highest weight estab-
for other configurations. Compliance lished in accordance with appendix E of
must be shown using the ice accretions this part; or
defined in part II, paragraphs (c) and (3) The highest weight at which com-
(d) of Appendix O, assuming normal op- pliance is shown with the certification
eration of the airplane and its ice pro- requirements of Part 36 of this chapter.
lhorne on DSKJLZT7X2PROD with CFR

tection system in accordance with the (b) Minimum weight. The minimum
operating limitations and operating weight (the lowest weight at which

206

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00216 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.101

compliance with each applicable re- § 25.31 Removable ballast.


quirement of this part is shown) must Removable ballast may be used on
be established so that it is not less showing compliance with the flight re-
than— quirements of this subpart.
(1) The lowest weight selected by the
applicant; § 25.33 Propeller speed and pitch lim-
(2) The design minimum weight (the its.
lowest weight at which compliance (a) The propeller speed and pitch
with each structural loading condition must be limited to values that will en-
of this part is shown); or sure—
(3) The lowest weight at which com- (1) Safe operation under normal oper-
pliance with each applicable flight re- ating conditions; and
quirement is shown. (2) Compliance with the performance
requirements of §§ 25.101 through 25.125.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as (b) There must be a propeller speed
amended by Amdt. 25–23, 35 FR 5671, Apr. 8, limiting means at the governor. It
1970; Amdt. 25–63, 53 FR 16365, May 6, 1988] must limit the maximum possible gov-
erned engine speed to a value not ex-
§ 25.27 Center of gravity limits. ceeding the maximum allowable r.p.m.
The extreme forward and the extreme (c) The means used to limit the low
aft center of gravity limitations must pitch position of the propeller blades
be established for each practicably sep- must be set so that the engine does not
arable operating condition. No such exceed 103 percent of the maximum al-
limit may lie beyond— lowable engine rpm or 99 percent of an
approved maximum overspeed, which-
(a) The extremes selected by the ap-
ever is greater, with—
plicant; (1) The propeller blades at the low
(b) The extremes within which the pitch limit and governor inoperative;
structure is proven; or (2) The airplane stationary under
(c) The extremes within which com- standard atmospheric conditions with
pliance with each applicable flight re- no wind; and
quirement is shown. (3) The engines operating at the take-
off manifold pressure limit for recipro-
§ 25.29 Empty weight and cor- cating engine powered airplanes or the
responding center of gravity. maximum takeoff torque limit for tur-
(a) The empty weight and cor- bopropeller engine-powered airplanes.
responding center of gravity must be [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
determined by weighing the airplane amended by Amdt. 25–57, 49 FR 6848, Feb. 23,
with— 1984; Amdt. 25–72, 55 FR 29774, July 20, 1990]
(1) Fixed ballast;
PERFORMANCE
(2) Unusable fuel determined under
§ 25.959; and § 25.101 General.
(3) Full operating fluids, including— (a) Unless otherwise prescribed, air-
(i) Oil; planes must meet the applicable per-
(ii) Hydraulic fluid; and formance requirements of this subpart
(iii) Other fluids required for normal for ambient atmospheric conditions
operation of airplane systems, except and still air.
potable water, lavatory precharge (b) The performance, as affected by
water, and fluids intended for injection engine power or thrust, must be based
in the engine. on the following relative humidities;
(b) The condition of the airplane at (1) For turbine engine powered air-
the time of determining empty weight planes, a relative humidity of—
(i) 80 percent, at and below standard
must be one that is well defined and
temperatures; and
can be easily repeated.
(ii) 34 percent, at and above standard
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as temperatures plus 50 °F.
lhorne on DSKJLZT7X2PROD with CFR

amended by Amdt. 25–42, 43 FR 2320, Jan. 16, Between these two temperatures, the
1978; Amdt. 25–72, 55 FR 29774, July 20, 1990] relative humidity must vary linearly.

207

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00217 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.103 14 CFR Ch. I (1–1–22 Edition)

(2) For reciprocating engine powered scribed in §§ 25.119 and 25.121(d) must be
airplanes, a relative humidity of 80 per- established.
cent in a standard atmosphere. Engine (h) The procedures established under
power corrections for vapor pressure paragraphs (f) and (g) of this section
must be made in accordance with the must—
following table: (1) Be able to be consistently exe-
cuted in service by crews of average
Vapor Specific humidity Density ratio
Altitude skill;
pressure e w (Lb. moisture r/s=
H (ft.) (In. Hg.) per lb. dry air) 0.0023769 (2) Use methods or devices that are
0 0.403 0.00849 0.99508 safe and reliable; and
1,000 .354 .00773 .96672 (3) Include allowance for any time
2,000 .311 .00703 .93895 delays, in the execution of the proce-
3,000 .272 .00638 .91178
4,000 .238 .00578 .88514 dures, that may reasonably be expected
5,000 .207 .00523 .85910 in service.
6,000 .1805 .00472 .83361 (i) The accelerate-stop and landing
7,000 .1566 .00425 .80870
8,000 .1356 .00382 .78434 distances prescribed in §§ 25.109 and
9,000 .1172 .00343 .76053 25.125, respectively, must be deter-
10,000 .1010 .00307 .73722 mined with all the airplane wheel
15,000 .0463 .001710 .62868
20,000 .01978 .000896 .53263 brake assemblies at the fully worn
25,000 .00778 .000436 .44806 limit of their allowable wear range.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
(c) The performance must correspond amended by Amdt. 25–38, 41 FR 55466, Dec. 20,
to the propulsive thrust available 1976; Amdt. 25–92, 63 FR 8318, Feb. 18, 1998]
under the particular ambient atmos-
pheric conditions, the particular flight § 25.103 Stall speed.
condition, and the relative humidity
(a) The reference stall speed, VSR, is a
specified in paragraph (b) of this sec-
calibrated airspeed defined by the ap-
tion. The available propulsive thrust
plicant. VSR may not be less than a 1-g
must correspond to engine power or
stall speed. VSR is expressed as:
thrust, not exceeding the approved
power or thrust less— VCL MAX
(1) Installation losses; and VSR ≥
(2) The power or equivalent thrust n ZW
absorbed by the accessories and serv-
ices appropriate to the particular am- where:
bient atmospheric conditions and the VCLMAX = Calibrated airspeed obtained when
the load factor-corrected lift coefficient
particular flight condition.
(d) Unless otherwise prescribed, the
applicant must select the takeoff, en ⎛ n ZW W ⎞
⎜ ⎟
route, approach, and landing configura- ⎝ qS ⎠
tions for the airplane.
(e) The airplane configurations may is first a maximum during the maneuver
prescribed in paragraph (c) of this section. In
vary with weight, altitude, and tem-
addition, when the maneuver is limited by a
perature, to the extent they are com- device that abruptly pushes the nose down at
patible with the operating procedures a selected angle of attack (e.g., a stick push-
required by paragraph (f) of this sec- er), VCLMAX may not be less than the speed ex-
tion. isting at the instant the device operates;
(f) Unless otherwise prescribed, in de- nZW = Load factor normal to the flight path
termining the accelerate-stop dis- at VCLMAX
tances, takeoff flight paths, takeoff W = Airplane gross weight;
distances, and landing distances, S = Aerodynamic reference wing area; and
q = Dynamic pressure.
changes in the airplane’s configura-
tion, speed, power, and thrust, must be (b) VCLMAX is determined with:
made in accordance with procedures es- (1) Engines idling, or, if that result-
tablished by the applicant for oper- ant thrust causes an appreciable de-
ation in service. crease in stall speed, not more than
ER26NO02.002</MATH>

(g) Procedures for the execution of zero thrust at the stall speed;
lhorne on DSKJLZT7X2PROD with CFR

balked landings and missed approaches (2) Propeller pitch controls (if appli-
associated with the conditions pre- cable) in the takeoff position;

208
ER26NO02.001</MATH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00218 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.107

(3) The airplane in other respects (ii) The degradation of the gradient
(such as flaps, landing gear, and ice ac- of climb determined in accordance with
cretions) in the condition existing in § 25.121(b) is greater than one-half of
the test or performance standard in the applicable actual-to-net takeoff
which VSR is being used; flight path gradient reduction defined
(4) The weight used when VSR is being in § 25.115(b).
used as a factor to determine compli- (b) No takeoff made to determine the
ance with a required performance data required by this section may re-
standard; quire exceptional piloting skill or
(5) The center of gravity position alertness.
that results in the highest value of ref- (c) The takeoff data must be based
erence stall speed; and on—
(6) The airplane trimmed for straight (1) In the case of land planes and am-
flight at a speed selected by the appli- phibians:
cant, but not less than 1.13VSR and not (i) Smooth, dry and wet, hard-sur-
greater than 1.3VSR. faced runways; and
(c) Starting from the stabilized trim (ii) At the option of the applicant,
condition, apply the longitudinal con- grooved or porous friction course wet,
trol to decelerate the airplane so that hard-surfaced runways.
the speed reduction does not exceed (2) Smooth water, in the case of sea-
one knot per second. planes and amphibians; and
(d) In addition to the requirements of (3) Smooth, dry snow, in the case of
paragraph (a) of this section, when a skiplanes.
device that abruptly pushes the nose (d) The takeoff data must include,
down at a selected angle of attack (e.g., within the established operational lim-
a stick pusher) is installed, the ref- its of the airplane, the following oper-
erence stall speed, VSR, may not be less ational correction factors:
than 2 knots or 2 percent, whichever is (1) Not more than 50 percent of nomi-
greater, above the speed at which the nal wind components along the takeoff
device operates. path opposite to the direction of take-
[Doc. No. 28404, 67 FR 70825, Nov. 26, 2002, as off, and not less than 150 percent of
amended by Amdt. 25–121, 72 FR 44665, Aug. 8, nominal wind components along the
2007] takeoff path in the direction of takeoff.
(2) Effective runway gradients.
§ 25.105 Takeoff.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
(a) The takeoff speeds prescribed by amended by Amdt. 25–92, 63 FR 8318, Feb. 18,
§ 25.107, the accelerate-stop distance 1998; Amdt. 25–121, 72 FR 44665, Aug. 8, 2007;
prescribed by § 25.109, the takeoff path Amdt. 25–140, 79 FR 65525, Nov. 4, 2014]
prescribed by § 25.111, the takeoff dis-
tance and takeoff run prescribed by § 25.107 Takeoff speeds.
§ 25.113, and the net takeoff flight path (a) V1 must be established in relation
prescribed by § 25.115, must be deter- to VEF as follows:
mined in the selected configuration for (1) VEF is the calibrated airspeed at
takeoff at each weight, altitude, and which the critical engine is assumed to
ambient temperature within the oper- fail. VEF must be selected by the appli-
ational limits selected by the appli- cant, but may not be less than VMCG de-
cant— termined under § 25.149(e).
(1) In non-icing conditions; and (2) V1, in terms of calibrated air-
(2) In icing conditions, if in the con- speed, is selected by the applicant;
figuration used to show compliance however, V1 may not be less than VEF
with § 25.121(b), and with the most crit- plus the speed gained with critical en-
ical of the takeoff ice accretion(s) de- gine inoperative during the time inter-
fined in appendices C and O of this val between the instant at which the
part, as applicable, in accordance with critical engine is failed, and the in-
§ 25.21(g): stant at which the pilot recognizes and
(i) The stall speed at maximum take- reacts to the engine failure, as indi-
off weight exceeds that in non-icing cated by the pilot’s initiation of the
lhorne on DSKJLZT7X2PROD with CFR

conditions by more than the greater of first action (e.g., applying brakes, re-
3 knots CAS or 3 percent of VSR; or ducing thrust, deploying speed brakes)

209

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00219 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.107 14 CFR Ch. I (1–1–22 Edition)

to stop the airplane during accelerate- (A) 110 percent of VMU in the all-en-
stop tests. gines-operating condition, and 105 per-
(b) V2MIN, in terms of calibrated air- cent of VMU determined at the thrust-
speed, may not be less than— to-weight ratio corresponding to the
(1) 1.13 VSR for— one-engine-inoperative condition; or
(i) Two-engine and three-engine tur- (B) If the VMU attitude is limited by
bopropeller and reciprocating engine the geometry of the airplane (i.e., tail
powered airplanes; and contact with the runway), 108 percent
(ii) Turbojet powered airplanes with- of VMU in the all-engines-operating
out provisions for obtaining a signifi- condition, and 104 percent of VMU deter-
cant reduction in the one-engine-inop-
mined at the thrust-to-weight ratio
erative power-on stall speed;
corresponding to the one-engine-inop-
(2) 1.08 VSR for—
(i) Turbopropeller and reciprocating erative condition.
engine powered airplanes with more (2) For any given set of conditions
than three engines; and (such as weight, configuration, and
(ii) Turbojet powered airplanes with temperature), a single value of VR, ob-
provisions for obtaining a significant tained in accordance with this para-
reduction in the one-engine-inoper- graph, must be used to show compli-
ative power-on stall speed; and ance with both the one-engine-inoper-
(3) 1.10 times VMC established under ative and the all-engines-operating
§ 25.149. takeoff provisions.
(c) V2, in terms of calibrated air- (3) It must be shown that the one-en-
speed, must be selected by the appli- gine-inoperative takeoff distance,
cant to provide at least the gradient of using a rotation speed of 5 knots less
climb required by § 25.121(b) but may than VR established in accordance with
not be less than— paragraphs (e)(1) and (2) of this section,
(1) V2MIN; does not exceed the corresponding one-
(2) VR plus the speed increment at- engine-inoperative takeoff distance
tained (in accordance with § 25.111(c)(2)) using the established VR. The takeoff
before reaching a height of 35 feet distances must be determined in ac-
above the takeoff surface; and
cordance with § 25.113(a)(1).
(3) A speed that provides the maneu-
(4) Reasonably expected variations in
vering capability specified in § 25.143(h).
(d) VMU is the calibrated airspeed at service from the established takeoff
and above which the airplane can safe- procedures for the operation of the air-
ly lift off the ground, and con- tinue plane (such as over-rotation of the air-
the takeoff. VMU speeds must be se- plane and out-of-trim conditions) may
lected by the applicant throughout the not result in unsafe flight characteris-
range of thrust-to-weight ratios to be tics or in marked increases in the
certificated. These speeds may be es- scheduled takeoff distances established
tablished from free air data if these in accordance with § 25.113(a).
data are verified by ground takeoff (f) VLOF is the calibrated airspeed at
tests. which the airplane first becomes air-
(e) VR, in terms of calibrated air- borne.
speed, must be selected in accordance (g) VFTO, in terms of calibrated air-
with the conditions of paragraphs (e)(1) speed, must be selected by the appli-
through (4) of this section: cant to provide at least the gradient of
(1) VR may not be less than— climb required by § 25.121(c), but may
(i) V1; not be less than—
(ii) 105 percent of VMC; (1) 1.18 VSR; and
(iii) The speed (determined in accord-
(2) A speed that provides the maneu-
ance with § 25.111(c)(2)) that allows
reaching V2 before reaching a height of vering capability specified in § 25.143(h).
35 feet above the takeoff surface; or (h) In determining the takeoff speeds
(iv) A speed that, if the airplane is V1, VR, and V2 for flight in icing condi-
rotated at its maximum practicable tions, the values of VMCG, VMC, and VMU
lhorne on DSKJLZT7X2PROD with CFR

rate, will result in a VLOF of not less


than —

210

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00220 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.109

determined for non-icing conditions (ii) With all engines still operating,
may be used. come to a full stop on dry runway from
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
the speed reached as prescribed in para-
amended by Amdt. 25–38, 41 FR 55466, Dec. 20, graph (a)(2)(i) of this section; plus
1976; Amdt. 25–42, 43 FR 2320, Jan. 16, 1978; (iii) A distance equivalent to 2 sec-
Amdt. 25–92, 63 FR 8318, Feb. 18, 1998; Amdt. onds at the V1 for takeoff from a dry
25–94, 63 FR 8848, Feb. 23, 1998; Amdt. 25–108, runway.
67 FR 70826, Nov. 26, 2002; Amdt. 25–121, 72 FR (b) The accelerate-stop distance on a
44665, Aug. 8, 2007; Amdt. 25–135, 76 FR 74654,
wet runway is the greater of the fol-
Dec. 1, 2011]
lowing distances:
§ 25.109 Accelerate-stop distance. (1) The accelerate-stop distance on a
dry runway determined in accordance
(a) The accelerate-stop distance on a
dry runway is the greater of the fol- with paragraph (a) of this section; or
lowing distances: (2) The accelerate-stop distance de-
(1) The sum of the distances nec- termined in accordance with paragraph
essary to— (a) of this section, except that the run-
(i) Accelerate the airplane from a way is wet and the corresponding wet
standing start with all engines oper- runway values of VEF and V1 are used.
ating to VEF for takeoff from a dry run- In determining the wet runway accel-
way; erate-stop distance, the stopping force
(ii) Allow the airplane to accelerate from the wheel brakes may never ex-
from VEF to the highest speed reached ceed:
during the rejected takeoff, assuming (i) The wheel brakes stopping force
the critical engine fails at VEF and the determined in meeting the require-
pilot takes the first action to reject ments of § 25.101(i) and paragraph (a) of
the takeoff at the V1 for takeoff from a this section; and
dry runway; and (ii) The force resulting from the wet
(iii) Come to a full stop on a dry run- runway braking coefficient of friction
way from the speed reached as pre- determined in accordance with para-
scribed in paragraph (a)(1)(ii) of this graphs (c) or (d) of this section, as ap-
section; plus plicable, taking into account the dis-
(iv) A distance equivalent to 2 sec- tribution of the normal load between
onds at the V1 for takeoff from a dry braked and unbraked wheels at the
runway. most adverse center-of-gravity position
(2) The sum of the distances nec- approved for takeoff.
essary to— (c) The wet runway braking coeffi-
(i) Accelerate the airplane from a cient of friction for a smooth wet run-
standing start with all engines oper- way is defined as a curve of friction co-
ating to the highest speed reached dur- efficient versus ground speed and must
ing the rejected takeoff, assuming the be computed as follows:
pilot takes the first action to reject (1) The maximum tire-to-ground wet
the takeoff at the V1 for takeoff from a runway braking coefficient of friction
dry runway; and is defined as:
lhorne on DSKJLZT7X2PROD with CFR

211

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00221 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.109 14 CFR Ch. I (1–1–22 Edition)

Where— Effi-
Type of anti-skid system ciency
Tire Pressure = maximum airplane operating value
tire pressure (psi);
μt/gMAX = maximum tire-to-ground braking On-Off ........................................................................ 0.30
Quasi-Modulating ....................................................... 0.50
coefficient;
Fully Modulating ........................................................ 0.80
V = airplane true ground speed (knots); and
Linear interpolation may be used for tire
(d) At the option of the applicant, a
pressures other than those listed.
higher wet runway braking coefficient
(2) The maximum tire-to-ground wet of friction may be used for runway sur-
runway braking coefficient of friction faces that have been grooved or treated
must be adjusted to take into account with a porous friction course material.
the efficiency of the anti-skid system For grooved and porous friction course
on a wet runway. Anti-skid system op- runways, the wet runway braking
eration must be demonstrated by flight coefficent of friction is defined as ei-
testing on a smooth wet runway, and ther:
its efficiency must be determined. Un- (1) 70 percent of the dry runway brak-
less a specific anti-skid system effi- ing coefficient of friction used to deter-
mine the dry runway accelerate-stop
ciency is determined from a quan-
distance; or
titative analysis of the flight testing
(2) The wet runway braking coeffi-
on a smooth wet runway, the max-
cient defined in paragraph (c) of this
imum tire-to-ground wet runway brak- section, except that a specific anti-skid
ing coefficient of friction determined system efficiency, if determined, is ap-
in paragraph (c)(1) of this section must propriate for a grooved or porous fric-
be multiplied by the efficiency value tion course wet runway, and the max-
associated with the type of anti-skid imum tire-to-ground wet runway brak-
system installed on the airplane: ing coefficient of friction is defined as:
lhorne on DSKJLZT7X2PROD with CFR

212
ER18FE98.004</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00222 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.111

Where— teristics of the stopway and the vari-


Tire Pressure = maximum airplane operating ations in these characteristics with
tire pressure (psi); seasonal weather conditions (such as
μt/gMAX = maximum tire-to-ground braking temperature, rain, snow, and ice) with-
coefficient; in the established operational limits.
V = airplane true ground speed (knots); and
Linear interpolation may be used for tire (i) A flight test demonstration of the
pressures other than those listed. maximum brake kinetic energy accel-
erate-stop distance must be conducted
(e) Except as provided in paragraph with not more than 10 percent of the
(f)(1) of this section, means other than allowable brake wear range remaining
wheel brakes may be used to determine on each of the airplane wheel brakes.
the accelerate-stop distance if that
means— [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
(1) Is safe and reliable; amended by Amdt. 25–42, 43 FR 2321, Jan. 16,
(2) Is used so that consistent results 1978; Amdt. 25–92, 63 FR 8318, Feb. 18, 1998]
can be expected under normal oper- § 25.111 Takeoff path.
ating conditions; and
(3) Is such that exceptional skill is (a) The takeoff path extends from a
not required to control the airplane. standing start to a point in the takeoff
(f) The effects of available reverse at which the airplane is 1,500 feet above
thrust— the takeoff surface, or at which the
(1) Shall not be included as an addi- transition from the takeoff to the en
tional means of deceleration when de- route configuration is completed and
termining the accelerate-stop distance VFTO is reached, whichever point is
on a dry runway; and higher. In addition—
(2) May be included as an additional (1) The takeoff path must be based on
means of deceleration using rec- the procedures prescribed in § 25.101(f);
ommended reverse thrust procedures (2) The airplane must be accelerated
when determining the accelerate-stop on the ground to VEF, at which point
distance on a wet runway, provided the the critical engine must be made inop-
requirements of paragraph (e) of this erative and remain inoperative for the
section are met. rest of the takeoff; and
(g) The landing gear must remain ex- (3) After reaching VEF, the airplane
tended throughout the accelerate-stop must be accelerated to V2.
distance. (b) During the acceleration to speed
(h) If the accelerate-stop distance in- V2, the nose gear may be raised off the
cludes a stopway with surface charac- ground at a speed not less than VR.
teristics substantially different from However, landing gear retraction may
those of the runway, the takeoff data not be begun until the airplane is air-
must include operational correction borne.
factors for the accelerate-stop dis- (c) During the takeoff path deter-
lhorne on DSKJLZT7X2PROD with CFR

tance. The correction factors must ac- mination in accordance with para-
count for the particular surface charac- graphs (a) and (b) of this section—

213
ER18FE98.005</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00223 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.113 14 CFR Ch. I (1–1–22 Edition)

(1) The slope of the airborne part of ment and must correspond to the most
the takeoff path must be positive at critical condition prevailing in the seg-
each point; ment;
(2) The airplane must reach V2 before (3) The flight path must be based on
it is 35 feet above the takeoff surface the airplane’s performance without
and must continue at a speed as close ground effect; and
as practical to, but not less than V2, (4) The takeoff path data must be
until it is 400 feet above the takeoff checked by continuous demonstrated
surface; takeoffs up to the point at which the
(3) At each point along the takeoff airplane is out of ground effect and its
path, starting at the point at which the speed is stabilized, to ensure that the
airplane reaches 400 feet above the path is conservative relative to the
takeoff surface, the available gradient continous path.
of climb may not be less than—
(i) 1.2 percent for two-engine air- The airplane is considered to be out of
planes; the ground effect when it reaches a
(ii) 1.5 percent for three-engine air- height equal to its wing span.
planes; and (e) For airplanes equipped with
(iii) 1.7 percent for four-engine air- standby power rocket engines, the
planes. takeoff path may be determined in ac-
(4) The airplane configuration may cordance with section II of appendix E.
not be changed, except for gear retrac- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
tion and automatic propeller feath- amended by Amdt. 25–6, 30 FR 8468, July 2,
ering, and no change in power or thrust 1965; Amdt. 25–42, 43 FR 2321, Jan. 16, 1978;
that requires action by the pilot may Amdt. 25–54, 45 FR 60172, Sept. 11, 1980; Amdt.
be made until the airplane is 400 feet 25–72, 55 FR 29774, July 20, 1990; Amdt. 25–94,
above the takeoff surface; and 63 FR 8848, Feb. 23, 1998; Amdt. 25–108, 67 FR
(5) If § 25.105(a)(2) requires the takeoff 70826, Nov. 26, 2002; Amdt. 25–115, 69 FR 40527,
July 2, 2004; Amdt. 25–121, 72 FR 44666; Aug.
path to be determined for flight in
8, 2007; Amdt. 25–140, 79 FR 65525, Nov. 4, 2014]
icing conditions, the airborne part of
the takeoff must be based on the air- § 25.113 Takeoff distance and takeoff
plane drag: run.
(i) With the most critical of the take-
off ice accretion(s) defined in Appen- (a) Takeoff distance on a dry runway
dices C and O of this part, as applica- is the greater of—
ble, in accordance with § 25.21(g), from (1) The horizontal distance along the
a height of 35 feet above the takeoff takeoff path from the start of the take-
surface up to the point where the air- off to the point at which the airplane is
plane is 400 feet above the takeoff sur- 35 feet above the takeoff surface, deter-
face; and mined under § 25.111 for a dry runway;
(ii) With the most critical of the final or
takeoff ice accretion(s) defined in Ap- (2) 115 percent of the horizontal dis-
pendices C and O of this part, as appli- tance along the takeoff path, with all
cable, in accordance with § 25.21(g), engines operating, from the start of the
from the point where the airplane is 400 takeoff to the point at which the air-
feet above the takeoff surface to the plane is 35 feet above the takeoff sur-
end of the takeoff path. face, as determined by a procedure con-
(d) The takeoff path must be deter- sistent with § 25.111.
mined by a continuous demonstrated (b) Takeoff distance on a wet runway
takeoff or by synthesis from segments. is the greater of—
If the takeoff path is determined by the (1) The takeoff distance on a dry run-
segmental method— way determined in accordance with
(1) The segments must be clearly de- paragraph (a) of this section; or
fined and must be related to the dis- (2) The horizontal distance along the
tinct changes in the configuration, takeoff path from the start of the take-
power or thrust, and speed; off to the point at which the airplane is
(2) The weight of the airplane, the 15 feet above the takeoff surface,
lhorne on DSKJLZT7X2PROD with CFR

configuration, and the power or thrust achieved in a manner consistent with


must be constant throughout each seg- the achievement of V2 before reaching

214

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00224 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.121

35 feet above the takeoff surface, deter- (determined in accordance with § 25.111
mined under § 25.111 for a wet runway. and with paragraph (a) of this section)
(c) If the takeoff distance does not in- reduced at each point by a gradient of
clude a clearway, the takeoff run is climb equal to—
equal to the takeoff distance. If the (1) 0.8 percent for two-engine air-
takeoff distance includes a clearway— planes;
(1) The takeoff run on a dry runway (2) 0.9 percent for three-engine air-
is the greater of— planes; and
(i) The horizontal distance along the (3) 1.0 percent for four-engine air-
takeoff path from the start of the take- planes.
off to a point equidistant between the (c) The prescribed reduction in climb
point at which VLOF is reached and the gradient may be applied as an equiva-
point at which the airplane is 35 feet lent reduction in acceleration along
above the takeoff surface, as deter- that part of the takeoff flight path at
mined under § 25.111 for a dry runway; which the airplane is accelerated in
or level flight.
(ii) 115 percent of the horizontal dis- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
tance along the takeoff path, with all amended by Amdt. 25–92, 63 FR 8320, Feb. 18,
engines operating, from the start of the 1998]
takeoff to a point equidistant between
the point at which VLOF is reached and § 25.117 Climb: general.
the point at which the airplane is 35 Compliance with the requirements of
feet above the takeoff surface, deter- §§ 25.119 and 25.121 must be shown at
mined by a procedure consistent with each weight, altitude, and ambient
§ 25.111. temperature within the operational
(2) The takeoff run on a wet runway limits established for the airplane and
is the greater of— with the most unfavorable center of
(i) The horizontal distance along the gravity for each configuration.
takeoff path from the start of the take-
off to the point at which the airplane is § 25.119 Landing climb: All-engines-op-
15 feet above the takeoff surface, erating.
achieved in a manner consistent with In the landing configuration, the
the achievement of V2 before reaching steady gradient of climb may not be
35 feet above the takeoff surface, as de- less than 3.2 percent, with the engines
termined under § 25.111 for a wet run- at the power or thrust that is available
way; or 8 seconds after initiation of movement
(ii) 115 percent of the horizontal dis- of the power or thrust controls from
tance along the takeoff path, with all the minimum flight idle to the go-
engines operating, from the start of the around power or thrust setting—
takeoff to a point equidistant between (a) In non-icing conditions, with a
the point at which VLOF is reached and climb speed of VREF determined in ac-
the point at which the airplane is 35 cordance with § 25.125(b)(2)(i); and
feet above the takeoff surface, deter- (b) In icing conditions with the most
mined by a procedure consistent with critical of the landing ice accretion(s)
§ 25.111. defined in Appendices C and O of this
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as part, as applicable, in accordance with
amended by Amdt. 25–23, 35 FR 5671, Apr. 8, § 25.21(g), and with a climb speed of
1970; Amdt. 25–92, 63 FR 8320, Feb. 18, 1998] VREF determined in accordance with
§ 25.125(b)(2)(ii).
§ 25.115 Takeoff flight path.
[Amdt. 25–121, 72 FR 44666; Aug. 8, 2007, as
(a) The takeoff flight path shall be amended by Amdt. 25–,140, 79 FR 65525, Nov.
considered to begin 35 feet above the 4, 2014]
takeoff surface at the end of the take-
off distance determined in accordance § 25.121 Climb: One-engine-inoper-
with § 25.113(a) or (b), as appropriate for ative.
the runway surface condition. (a) Takeoff; landing gear extended. In
(b) The net takeoff flight path data the critical takeoff configuration exist-
lhorne on DSKJLZT7X2PROD with CFR

must be determined so that they rep- ing along the flight path (between the
resent the actual takeoff flight paths points at which the airplane reaches

215

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00225 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.121 14 CFR Ch. I (1–1–22 Edition)

VLOF and at which the landing gear is icing conditions by more than the
fully retracted) and in the configura- greater of 3 knots CAS or 3 percent of
tion used in § 25.111 but without ground VSR; or
effect, the steady gradient of climb (B) The degradation of the gradient
must be positive for two-engine air- of climb determined in accordance with
planes, and not less than 0.3 percent for § 25.121(b) is greater than one-half of
three-engine airplanes or 0.5 percent the applicable actual-to-net takeoff
for four-engine airplanes, at VLOF and flight path gradient reduction defined
with— in § 25.115(b).
(1) The critical engine inoperative (c) Final takeoff. In the en route con-
and the remaining engines at the power figuration at the end of the takeoff
or thrust available when retraction of path determined in accordance with
the landing gear is begun in accordance § 25.111:
with § 25.111 unless there is a more crit- (1) The steady gradient of climb may
ical power operating condition existing not be less than 1.2 percent for two-en-
later along the flight path but before gine airplanes, 1.5 percent for three-en-
the point at which the landing gear is gine airplanes, and 1.7 percent for four-
fully retracted; and engine airplanes, at VFTO with—
(2) The weight equal to the weight (i) The critical engine inoperative
existing when retraction of the landing and the remaining engines at the avail-
gear is begun, determined under able maximum continuous power or
§ 25.111. thrust; and
(b) Takeoff; landing gear retracted. In (ii) The weight equal to the weight
the takeoff configuration existing at existing at the end of the takeoff path,
the point of the flight path at which determined under § 25.111.
the landing gear is fully retracted, and (2) The requirements of paragraph
in the configuration used in § 25.111 but (c)(1) of this section must be met:
without ground effect: (i) In non-icing conditions; and
(1) The steady gradient of climb may (ii) In icing conditions with the most
not be less than 2.4 percent for two-en- critical of the final takeoff ice accre-
gine airplanes, 2.7 percent for three-en- tion(s) defined in Appendices C and O of
gine airplanes, and 3.0 percent for four- this part, as applicable, in accordance
engine airplanes, at V2 with: with § 25.21(g), if in the configuration
(i) The critical engine inoperative, used to show compliance with § 25.121(b)
the remaining engines at the takeoff with the takeoff ice accretion used to
power or thrust available at the time show compliance with § 25.111(c)(5)(i):
the landing gear is fully retracted, de- (A) The stall speed at maximum
termined under § 25.111, unless there is takeoff weight exceeds that in non-
a more critical power operating condi- icing conditions by more than the
tion existing later along the flight path greater of 3 knots CAS or 3 percent of
but before the point where the airplane VSR; or
reaches a height of 400 feet above the (B) The degradation of the gradient
takeoff surface; and of climb determined in accordance with
(ii) The weight equal to the weight § 25.121(b) is greater than one-half of
existing when the airplane’s landing the applicable actual-to-net takeoff
gear is fully retracted, determined flight path gradient reduction defined
under § 25.111. in § 25.115(b).
(2) The requirements of paragraph (d) Approach. In a configuration cor-
(b)(1) of this section must be met: responding to the normal all-engines-
(i) In non-icing conditions; and operating procedure in which VSR for
(ii) In icing conditions with the most this configuration does not exceed 110
critical of the takeoff ice accretion(s) percent of the VSR for the related all-
defined in Appendices C and O of this engines-operating landing configura-
part, as applicable, in accordance with tion:
§ 25.21(g), if in the configuration used to (1) The steady gradient of climb may
show compliance with § 25.121(b) with not be less than 2.1 percent for two-en-
this takeoff ice accretion: gine airplanes, 2.4 percent for three-en-
lhorne on DSKJLZT7X2PROD with CFR

(A) The stall speed at maximum gine airplanes, and 2.7 percent for four-
takeoff weight exceeds that in non- engine airplanes, with—

216

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00226 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.125

(i) The critical engine inoperative, three-engine airplanes, and 1.6 percent
the remaining engines at the go-around for four-engine airplanes—
power or thrust setting; (1) In non-icing conditions; and
(ii) The maximum landing weight; (2) In icing conditions with the most
(iii) A climb speed established in con- critical of the en route ice accretion(s)
nection with normal landing proce- defined in Appendices C and O of this
dures, but not exceeding 1.4 VSR; and part, as applicable, in accordance with
(iv) Landing gear retracted. § 25.21(g), if:
(2) The requirements of paragraph (i) A speed of 1.18 ‘‘VSR0 with the en
(d)(1) of this section must be met: route ice accretion exceeds the en
(i) In non-icing conditions; and route speed selected for non-icing con-
ditions by more than the greater of 3
(ii) In icing conditions with the most
knots CAS or 3 percent of VSR; or
critical of the approach ice accretion(s)
(ii) The degradation of the gradient
defined in Appendices C and O of this
of climb is greater than one-half of the
part, as applicable, in accordance with
applicable actual-to-net flight path re-
§ 25.21(g). The climb speed selected for
duction defined in paragraph (b) of this
non-icing conditions may be used if the
section.
climb speed for icing conditions, com-
(c) For three- or four-engine air-
puted in accordance with paragraph
planes, the two-engine-inoperative net
(d)(1)(iii) of this section, does not ex-
flight path data must represent the ac-
ceed that for non-icing conditions by
tual climb performance diminished by
more than the greater of 3 knots CAS
a gradient of climb of 0.3 percent for
or 3 percent.
three-engine airplanes and 0.5 percent
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as for four-engine airplanes.
amended by Amdt. 25–84, 60 FR 30749, June 9,
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
1995; Amdt. 25–108, 67 FR 70826, Nov. 26, 2002;
amended by Amdt. 25–121, 72 FR 44666; Aug. 8,
Amdt. 25–121, 72 FR 44666; Aug. 8, 2007; Amdt.
2007; Amdt. 25–140, 79 FR 65525, Nov. 4, 2014]
25–140, 79 FR 65525, Nov. 4, 2014]
§ 25.125 Landing.
§ 25.123 En route flight paths.
(a) The horizontal distance necessary
(a) For the en route configuration, to land and to come to a complete stop
the flight paths prescribed in para- (or to a speed of approximately 3 knots
graph (b) and (c) of this section must for water landings) from a point 50 feet
be determined at each weight, altitude, above the landing surface must be de-
and ambient temperature, within the termined (for standard temperatures,
operating limits established for the at each weight, altitude, and wind
airplane. The variation of weight along within the operational limits estab-
the flight path, accounting for the pro- lished by the applicant for the air-
gressive consumption of fuel and oil by plane):
the operating engines, may be included (1) In non-icing conditions; and
in the computation. The flight paths (2) In icing conditions with the most
must be determined at a speed not less critical of the landing ice accretion(s)
than VFTO, with— defined in Appendices C and O of this
(1) The most unfavorable center of part, as applicable, in accordance with
gravity; § 25.21(g), if VREF for icing conditions ex-
(2) The critical engines inoperative; ceeds VREF for non-icing conditions by
(3) The remaining engines at the more than 5 knots CAS at the max-
available maximum continuous power imum landing weight.
or thrust; and (b) In determining the distance in
(4) The means for controlling the en- paragraph (a) of this section:
gine-cooling air supply in the position (1) The airplane must be in the land-
that provides adequate cooling in the ing configuration.
hot-day condition. (2) A stabilized approach, with a cali-
(b) The one-engine-inoperative net brated airspeed of not less than VREF,
flight path data must represent the ac- must be maintained down to the 50-foot
tual climb performance diminished by height.
lhorne on DSKJLZT7X2PROD with CFR

a gradient of climb of 1.1 percent for (i) In non-icing conditions, VREF may
two-engine airplanes, 1.4 percent for not be less than:

217

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00227 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.143 14 CFR Ch. I (1–1–22 Edition)

(A) 1.23 VSR0; posite to the direction of landing, and


(B) VMCL established under § 25.149(f); not less than 150 percent of the nomi-
and nal wind components along the landing
(C) A speed that provides the maneu- path in the direction of landing.
vering capability specified in § 25.143(h). (g) If any device is used that depends
(ii) In icing conditions, VREF may not on the operation of any engine, and if
be less than: the landing distance would be notice-
(A) The speed determined in para- ably increased when a landing is made
graph (b)(2)(i) of this section; with that engine inoperative, the land-
(B) 1.23 VSR0 with the most critical of ing distance must be determined with
the landing ice accretion(s) defined in that engine inoperative unless the use
Appendices C and O of this part, as ap- of compensating means will result in a
plicable, in accordance with § 25.21(g), if landing distance not more than that
that speed exceeds VREF selected for with each engine operating.
non-icing conditions by more than 5 [Amdt. 25–121, 72 FR 44666; Aug. 8, 2007; 72 FR
knots CAS; and 50467, Aug. 31, 2007; Amdt. 25–140, 79 FR 65525,
(C) A speed that provides the maneu- Nov. 4, 2014]
vering capability specified in § 25.143(h)
with the most critical of the landing CONTROLLABILITY AND
ice accretion(s) defined in Appendices C MANEUVERABILITY
and O of this part, as applicable, in ac-
cordance with § 25.21(g). § 25.143 General.
(3) Changes in configuration, power (a) The airplane must be safely con-
or thrust, and speed, must be made in trollable and maneuverable during—
accordance with the established proce- (1) Takeoff;
dures for service operation. (2) Climb;
(4) The landing must be made with- (3) Level flight;
out excessive vertical acceleration, (4) Descent; and
tendency to bounce, nose over, ground (5) Landing.
loop, porpoise, or water loop. (b) It must be possible to make a
(5) The landings may not require ex- smooth transition from one flight con-
ceptional piloting skill or alertness. dition to any other flight condition
(c) For landplanes and amphibians, without exceptional piloting skill,
the landing distance on land must be alertness, or strength, and without
determined on a level, smooth, dry, danger of exceeding the airplane limit-
hard-surfaced runway. In addition— load factor under any probable oper-
(1) The pressures on the wheel brak- ating conditions, including—
ing systems may not exceed those spec- (1) The sudden failure of the critical
ified by the brake manufacturer; engine;
(2) The brakes may not be used so as (2) For airplanes with three or more
to cause excessive wear of brakes or engines, the sudden failure of the sec-
tires; and ond critical engine when the airplane is
(3) Means other than wheel brakes in the en route, approach, or landing
may be used if that means— configuration and is trimmed with the
(i) Is safe and reliable; critical engine inoperative; and
(ii) Is used so that consistent results (3) Configuration changes, including
can be expected in service; and deployment or retraction of decelera-
(iii) Is such that exceptional skill is tion devices.
not required to control the airplane. (c) The airplane must be shown to be
(d) For seaplanes and amphibians, safely controllable and maneuverable
the landing distance on water must be with the most critical of the ice accre-
determined on smooth water. tion(s) appropriate to the phase of
(e) For skiplanes, the landing dis- flight as defined in Appendices C and O
tance on snow must be determined on of this part, as applicable, in accord-
smooth, dry, snow. ance with § 25.21(g), and with the crit-
(f) The landing distance data must ical engine inoperative and its pro-
include correction factors for not more peller (if applicable) in the minimum
lhorne on DSKJLZT7X2PROD with CFR

than 50 percent of the nominal wind drag position:


components along the landing path op- (1) At the minimum V2 for takeoff;

218

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00228 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.143

(2) During an approach and go- (f) When demonstrating compliance


around; and with the control force limitations for
(3) During an approach and landing. long term application that are pre-
(d) The following table prescribes, for scribed in paragraph (d) of this section,
conventional wheel type controls, the the airplane must be in trim, or as near
maximum control forces permitted to being in trim as practical.
during the testing required by para- (g) When maneuvering at a constant
graph (a) through (c) of this section: airspeed or Mach number (up to VFC/
Force, in pounds, applied to the MFC), the stick forces and the gradient
Pitch Roll Yaw
control wheel or rudder pedals of the stick force versus maneuvering
For short term application for load factor must lie within satisfactory
pitch and roll control—two limits. The stick forces must not be so
hands available for control .... 75 50 great as to make excessive demands on
For short term application for
pitch and roll control—one the pilot’s strength when maneuvering
hand available for control ...... 50 25 the airplane, and must not be so low
For short term application for that the airplane can easily be over-
yaw control ............................. 150
For long term application .......... 10 5 20
stressed inadvertently. Changes of gra-
dient that occur with changes of load
(e) Approved operating procedures or factor must not cause undue difficulty
conventional operating practices must in maintaining control of the airplane,
be followed when demonstrating com- and local gradients must not be so low
pliance with the control force limita- as to result in a danger of overcontrol-
tions for short term application that ling.
are prescribed in paragraph (d) of this (h) The maneuvering capabilities in a
section. The airplane must be in trim, constant speed coordinated turn at for-
or as near to being in trim as practical, ward center of gravity, as specified in
in the preceding steady flight condi- the following table, must be free of
tion. For the takeoff condition, the air- stall warning or other characteristics
plane must be trimmed according to that might interfere with normal ma-
the approved operating procedures. neuvering:
Maneuvering
Configuration Speed bank angle in a Thrust/power setting
coordinated turn

Takeoff .......... V2 30° Asymmetric WAT-Limited. 1


Takeoff .......... 2V + XX 40° All-engines-operating climb. 3
2
En route ........ VFTO 40° Asymmetric WAT-Limited. 1
Landing ......... VREF 40° Symmetric for ¥3° flight path angle.
1 A combination of weight, altitude, and temperature (WAT) such that the thrust or power setting produces the minimum climb
gradient specified in § 25.121 for the flight condition.
2 Airspeed approved for all-engines-operating initial climb.
3 That thrust or power setting which, in the event of failure of the critical engine and without any crew action to adjust the thrust
or power of the remaining engines, would result in the thrust or power specified for the takeoff condition at V2, or any lesser
thrust or power setting that is used for all-engines-operating initial climb procedures.

(i) When demonstrating compliance ly recover from the maneuver without


with § 25.143 in icing conditions— exceeding a pull control force of 50
(1) Controllability must be dem- pounds; and
onstrated with the most critical of the (3) Any changes in force that the
ice accretion(s) for the particular pilot must apply to the pitch control to
flight phase as defined in Appendices C maintain speed with increasing sideslip
and O of this part, as applicable, in ac- angle must be steadily increasing with
cordance with § 25.21(g); no force reversals, unless the change in
(2) It must be shown that a push force control force is gradual and easily con-
is required throughout a pushover ma- trollable by the pilot without using ex-
neuver down to a zero g load factor, or ceptional piloting skill, alertness, or
the lowest load factor obtainable if strength.
limited by elevator power or other de-
lhorne on DSKJLZT7X2PROD with CFR

(j) For flight in icing conditions be-


sign characteristic of the flight control
fore the ice protection system has been
system. It must be possible to prompt-

219

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00229 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.145 14 CFR Ch. I (1–1–22 Edition)

activated and is performing its in- (5) Repeat paragraph (b)(4) except
tended function, it must be dem- with flaps extended.
onstrated in flight with the most crit- (6) With power off, flaps extended,
ical of the ice accretion(s) defined in and the airplane trimmed at 1.3 VSR1,
Appendix C, part II, paragraph (e) of obtain and maintain airspeeds between
this part and Appendix O, part II, para- VSW and either 1.6 VSR1 or VFE, which-
graph (d) of this part, as applicable, in ever is lower.
accordance with § 25.21(g), that: (c) It must be possible, without ex-
(1) The airplane is controllable in a ceptional piloting skill, to prevent loss
pull-up maneuver up to 1.5 g load fac- of altitude when complete retraction of
tor; and the high lift devices from any position
(2) There is no pitch control force re- is begun during steady, straight, level
versal during a pushover maneuver flight at 1.08 VSR1 for propeller powered
down to 0.5 g load factor. airplanes, or 1.13 VSR1 for turbojet pow-
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as ered airplanes, with—
amended by Amdt. 25–42, 43 FR 2321, Jan. 16, (1) Simultaneous movement of the
1978; Amdt. 25–84, 60 FR 30749, June 9, 1995; power or thrust controls to the go-
Amdt. 25–108, 67 FR 70826, Nov. 26, 2002; around power or thrust setting;
Amdt. 25–121, 72 FR 44667, Aug. 8, 2007; Amdt.
25–129, 74 FR 38339, Aug. 3, 2009; Amdt. 25–140, (2) The landing gear extended; and
79 FR 65525, Nov. 4, 2014] (3) The critical combinations of land-
ing weights and altitudes.
§ 25.145 Longitudinal control. (d) If gated high-lift device control
(a) It must be possible, at any point positions are provided, paragraph (c) of
between the trim speed prescribed in this section applies to retractions of
§ 25.103(b)(6) and stall identification (as the high-lift devices from any position
defined in § 25.201(d)), to pitch the nose from the maximum landing position to
downward so that the acceleration to the first gated position, between gated
this selected trim speed is prompt with positions, and from the last gated posi-
(1) The airplane trimmed at the trim tion to the fully retracted position.
speed prescribed in § 25.103(b)(6); The requirements of paragraph (c) of
(2) The landing gear extended; this section also apply to retractions
(3) The wing flaps (i) retracted and from each approved landing position to
(ii) extended; and the control position(s) associated with
(4) Power (i) off and (ii) at maximum the high-lift device configuration(s)
continuous power on the engines. used to establish the go-around proce-
(b) With the landing gear extended, dure(s) from that landing position. In
no change in trim control, or exertion addition, the first gated control posi-
of more than 50 pounds control force tion from the maximum landing posi-
(representative of the maximum short tion must correspond with a configura-
term force that can be applied readily tion of the high-lift devices used to es-
by one hand) may be required for the tablish a go-around procedure from a
following maneuvers: landing configuration. Each gated con-
(1) With power off, flaps retracted, trol position must require a separate
and the airplane trimmed at 1.3 VSR1, and distinct motion of the control to
extend the flaps as rapidly as possible pass through the gated position and
while maintaining the airspeed at ap- must have features to prevent inad-
proximately 30 percent above the ref- vertent movement of the control
erence stall speed existing at each in- through the gated position. It must
stant throughout the maneuver. only be possible to make this separate
(2) Repeat paragraph (b)(1) except ini- and distinct motion once the control
tially extend the flaps and then retract has reached the gated position.
them as rapidly as possible.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
(3) Repeat paragraph (b)(2), except at
amended by Amdt. 25–23, 35 FR 5671, Apr. 8,
the go-around power or thrust setting. 1970; Amdt. 25–72, 55 FR 29774, July 20, 1990;
(4) With power off, flaps retracted, Amdt. 25–84, 60 FR 30749, June 9, 1995; Amdt.
and the airplane trimmed at 1.3 VSR1, 25–98, 64 FR 6164, Feb. 8, 1999; 64 FR 10740,
lhorne on DSKJLZT7X2PROD with CFR

rapidly set go-around power or thrust Mar. 5, 1999; Amdt. 25–108, 67 FR 70827, Nov.
while maintaining the same airspeed. 26, 2002]

220

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00230 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.149

§ 25.147 Directional and lateral con- the speeds likely to be used with one
trol. engine inoperative, to provide a roll
(a) Directional control; general. It must rate necessary for safety without ex-
be possible, with the wings level, to cessive control forces or travel.
yaw into the operative engine and to (e) Lateral control; airplanes with four
safely make a reasonably sudden or more engines. Airplanes with four or
change in heading of up to 15 degrees in more engines must be able to make 20°
the direction of the critical inoperative banked turns, with and against the in-
engine. This must be shown at 1.3 VSR1 operative engines, from steady flight at
for heading changes up to 15 degrees a speed equal to 1.3 VSR1, with max-
(except that the heading change at imum continuous power, and with the
which the rudder pedal force is 150 airplane in the configuration pre-
pounds need not be exceeded), and scribed by paragraph (b) of this section.
with— (f) Lateral control; all engines oper-
(1) The critical engine inoperative ating. With the engines operating, roll
and its propeller in the minimum drag response must allow normal maneuvers
position; (such as recovery from upsets produced
(2) The power required for level flight by gusts and the initiation of evasive
at 1.3 VSR1, but not more than max- maneuvers). There must be enough ex-
imum continuous power; cess lateral control in sideslips (up to
(3) The most unfavorable center of sideslip angles that might be required
gravity; in normal operation), to allow a lim-
(4) Landing gear retracted; ited amount of maneuvering and to
(5) Flaps in the approach position; correct for gusts. Lateral control must
and be enough at any speed up to VFC/MFC
(6) Maximum landing weight. to provide a peak roll rate necessary
(b) Directional control; airplanes with for safety, without excessive control
four or more engines. Airplanes with forces or travel.
four or more engines must meet the re- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
quirements of paragraph (a) of this sec- amended by Amdt. 25–42, 43 FR 2321, Jan. 16,
tion except that— 1978; Amdt. 25–72, 55 FR 29774, July 20, 1990;
(1) The two critical engines must be Amdt. 25–108, 67 FR 70827, Nov. 26, 2002;
inoperative with their propellers (if ap- Amdt. 25–115, 69 FR 40527, July 2, 2004]
plicable) in the minimum drag posi-
tion; § 25.149 Minimum control speed.
(2) [Reserved] (a) In establishing the minimum con-
(3) The flaps must be in the most fa- trol speeds required by this section, the
vorable climb position. method used to simulate critical en-
(c) Lateral control; general. It must be gine failure must represent the most
possible to make 20° banked turns, with critical mode of powerplant failure
and against the inoperative engine, with respect to controllability ex-
from steady flight at a speed equal to pected in service.
1.3 VSR1, with— (b) VMC is the calibrated airspeed at
(1) The critical engine inoperative which, when the critical engine is sud-
and its propeller (if applicable) in the denly made inoperative, it is possible
minimum drag position; to maintain control of the airplane
(2) The remaining engines at max- with that engine still inoperative and
imum continuous power; maintain straight flight with an angle
(3) The most unfavorable center of of bank of not more than 5 degrees.
gravity; (c) VMC may not exceed 1.13 VSR
(4) Landing gear (i) retracted and (ii) with—
extended; (1) Maximum available takeoff power
(5) Flaps in the most favorable climb or thrust on the engines;
position; and (2) The most unfavorable center of
(6) Maximum takeoff weight. gravity;
(d) Lateral control; roll capability. With (3) The airplane trimmed for takeoff;
the critical engine inoperative, roll re- (4) The maximum sea level takeoff
lhorne on DSKJLZT7X2PROD with CFR

sponse must allow normal maneuvers. weight (or any lesser weight necessary
Lateral control must be sufficient, at to show VMC);

221

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00231 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.149 14 CFR Ch. I (1–1–22 Edition)

(5) The airplane in the most critical (4) The airplane trimmed for takeoff;
takeoff configuration existing along and
the flight path after the airplane be- (5) The most unfavorable weight in
comes airborne, except with the land- the range of takeoff weights.
ing gear retracted; (f) VMCL, the minimum control speed
(6) The airplane airborne and the during approach and landing with all
ground effect negligible; and engines operating, is the calibrated air-
(7) If applicable, the propeller of the speed at which, when the critical en-
inoperative engine— gine is suddenly made inoperative, it is
(i) Windmilling; possible to maintain control of the air-
(ii) In the most probable position for plane with that engine still inoper-
the specific design of the propeller con- ative, and maintain straight flight
trol; or with an angle of bank of not more than
(iii) Feathered, if the airplane has an 5 degrees. VMCL must be established
automatic feathering device acceptable with—
for showing compliance with the climb (1) The airplane in the most critical
requirements of § 25.121. configuration (or, at the option of the
(d) The rudder forces required to applicant, each configuration) for ap-
maintain control at VMC may not ex- proach and landing with all engines op-
ceed 150 pounds nor may it be nec- erating;
essary to reduce power or thrust of the (2) The most unfavorable center of
operative engines. During recovery, the gravity;
airplane may not assume any dan- (3) The airplane trimmed for ap-
gerous attitude or require exceptional proach with all engines operating;
piloting skill, alertness, or strength to
(4) The most favorable weight, or, at
prevent a heading change of more than
the option of the applicant, as a func-
20 degrees.
tion of weight;
(e) VMCG, the minimum control speed
on the ground, is the calibrated air- (5) For propeller airplanes, the pro-
speed during the takeoff run at which, peller of the inoperative engine in the
when the critical engine is suddenly position it achieves without pilot ac-
made inoperative, it is possible to tion, assuming the engine fails while at
maintain control of the airplane using the power or thrust necessary to main-
the rudder control alone (without the tain a three degree approach path
use of nosewheel steering), as limited angle; and
by 150 pounds of force, and the lateral (6) Go-around power or thrust setting
control to the extent of keeping the on the operating engine(s).
wings level to enable the takeoff to be (g) For airplanes with three or more
safely continued using normal piloting engines, VMCL-2, the minimum control
skill. In the determination of VMCG, as- speed during approach and landing
suming that the path of the airplane with one critical engine inoperative, is
accelerating with all engines operating the calibrated airspeed at which, when
is along the centerline of the runway, a second critical engine is suddenly
its path from the point at which the made inoperative, it is possible to
critical engine is made inoperative to maintain control of the airplane with
the point at which recovery to a direc- both engines still inoperative, and
tion parallel to the centerline is com- maintain straight flight with an angle
pleted may not deviate more than 30 of bank of not more than 5 degrees.
feet laterally from the centerline at VMCL-2 must be established with—
any point. VMCG must be established (1) The airplane in the most critical
with— configuration (or, at the option of the
(1) The airplane in each takeoff con- applicant, each configuration) for ap-
figuration or, at the option of the ap- proach and landing with one critical
plicant, in the most critical takeoff engine inoperative;
configuration; (2) The most unfavorable center of
(2) Maximum available takeoff power gravity;
or thrust on the operating engines; (3) The airplane trimmed for ap-
lhorne on DSKJLZT7X2PROD with CFR

(3) The most unfavorable center of proach with one critical engine inoper-
gravity; ative;

222

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00232 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.161

(4) The most unfavorable weight, or, ther the primary controls or their cor-
at the option of the applicant, as a responding trim controls by the pilot
function of weight; or the automatic pilot.
(5) For propeller airplanes, the pro- (b) Lateral and directional trim. The
peller of the more critical inoperative airplane must maintain lateral and di-
engine in the position it achieves with- rectional trim with the most adverse
out pilot action, assuming the engine lateral displacement of the center of
fails while at the power or thrust nec- gravity within the relevant operating
essary to maintain a three degree ap-
limitations, during normally expected
proach path angle, and the propeller of
the other inoperative engine feathered; conditions of operation (including op-
(6) The power or thrust on the oper- eration at any speed from 1.3 VSR1 to
ating engine(s) necessary to maintain VMO/MMO).
an approach path angle of three de- (c) Longitudinal trim. The airplane
grees when one critical engine is inop- must maintain longitudinal trim dur-
erative; and ing—
(7) The power or thrust on the oper- (1) A climb with maximum contin-
ating engine(s) rapidly changed, imme- uous power at a speed not more than
diately after the second critical engine 1.3 VSR1, with the landing gear re-
is made inoperative, from the power or tracted, and the flaps (i) retracted and
thrust prescribed in paragraph (g)(6) of (ii) in the takeoff position;
this section to— (2) Either a glide with power off at a
(i) Minimum power or thrust; and speed not more than 1.3 VSR1, or an ap-
(ii) Go-around power or thrust set-
proach within the normal range of ap-
ting.
proach speeds appropriate to the
(h) In demonstrations of VMCL and
VMCL-2— weight and configuration with power
(1) The rudder force may not exceed settings corresponding to a 3 degree
150 pounds; glidepath, whichever is the most se-
(2) The airplane may not exhibit haz- vere, with the landing gear extended,
ardous flight characteristics or require the wing flaps (i) retracted and (ii) ex-
exceptional piloting skill, alertness, or tended, and with the most unfavorable
strength; combination of center of gravity posi-
(3) Lateral control must be sufficient tion and weight approved for landing;
to roll the airplane, from an initial and
condition of steady flight, through an (3) Level flight at any speed from 1.3
angle of 20 degrees in the direction nec- VSR1, to VMO/MMO, with the landing gear
essary to initiate a turn away from the and flaps retracted, and from 1.3 VSR1 to
inoperative engine(s), in not more than VLE with the landing gear extended.
5 seconds; and (d) Longitudinal, directional, and lat-
(4) For propeller airplanes, hazardous
eral trim. The airplane must maintain
flight characteristics must not be ex-
hibited due to any propeller position longitudinal, directional, and lateral
achieved when the engine fails or dur- trim (and for the lateral trim, the
ing any likely subsequent movements angle of bank may not exceed five de-
of the engine or propeller controls. grees) at 1.3 VSR1 during climbing flight
with—
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–42, 43 FR 2321, Jan. 16,
(1) The critical engine inoperative;
1978; Amdt. 25–72, 55 FR 29774, July 20, 1990; 55 (2) The remaining engines at max-
FR 37607, Sept. 12, 1990; Amdt. 25–84, 60 FR imum continuous power; and
30749, June 9, 1995; Amdt. 25–108, 67 FR 70827, (3) The landing gear and flaps re-
Nov. 26, 2002] tracted.
TRIM (e) Airplanes with four or more en-
gines. Each airplane with four or more
§ 25.161 Trim. engines must also maintain trim in
(a) General. Each airplane must meet rectilinear flight with the most unfa-
the trim requirements of this section vorable center of gravity and at the
lhorne on DSKJLZT7X2PROD with CFR

after being trimmed, and without fur- climb speed, configuration, and power
ther pressure upon, or movement of, ei- required by § 25.123(a) for the purpose of

223

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00233 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.171 14 CFR Ch. I (1–1–22 Edition)

establishing the en route flight paths speeds above or below the desired trim
with two engines inoperative. speeds if exceptional attention on the
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
part of the pilot is not required to re-
amended by Amdt. 25–23, 35 FR 5671, Apr. 8, turn to and maintain the desired trim
1970; Amdt. 25–38, 41 FR 55466, Dec. 20, 1976; speed and altitude.
Amdt. 25–108, 67 FR 70827, Nov. 26, 2002;
[Amdt. 25–7, 30 FR 13117, Oct. 15, 1965]
Amdt. 25–115, 69 FR 40527, July 2, 2004]

STABILITY § 25.175 Demonstration of static longi-


tudinal stability.
§ 25.171 General. Static longitudinal stability must be
The airplane must be longitudinally, shown as follows:
directionally, and laterally stable in (a) Climb. The stick force curve must
accordance with the provisions of have a stable slope at speeds between
§§ 25.173 through 25.177. In addition, 85 and 115 percent of the speed at which
suitable stability and control feel the airplane—
(static stability) is required in any con- (1) Is trimmed, with—
dition normally encountered in service, (i) Wing flaps retracted;
if flight tests show it is necessary for (ii) Landing gear retracted;
safe operation. (iii) Maximum takeoff weight; and
(iv) 75 percent of maximum contin-
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–7, 30 FR 13117, Oct. 15, uous power for reciprocating engines or
1965] the maximum power or thrust selected
by the applicant as an operating limi-
§ 25.173 Static longitudinal stability. tation for use during climb for turbine
Under the conditions specified in engines; and
§ 25.175, the characteristics of the eleva- (2) Is trimmed at the speed for best
tor control forces (including friction) rate-of-climb except that the speed
must be as follows: need not be less than 1.3 VSR1.
(a) A pull must be required to obtain (b) Cruise. Static longitudinal sta-
and maintain speeds below the speci- bility must be shown in the cruise con-
fied trim speed, and a push must be re- dition as follows:
quired to obtain and maintain speeds (1) With the landing gear retracted at
above the specified trim speed. This high speed, the stick force curve must
must be shown at any speed that can be have a stable slope at all speeds within
obtained except speeds higher than the a range which is the greater of 15 per-
landing gear or wing flap operating cent of the trim speed plus the result-
limit speeds or VFC/MFC, whichever is ing free return speed range, or 50 knots
appropriate, or lower than the min- plus the resulting free return speed
imum speed for steady unstalled flight. range, above and below the trim speed
(b) The airspeed must return to with- (except that the speed range need not
in 10 percent of the original trim speed include speeds less than 1.3 VSR1, nor
for the climb, approach, and landing speeds greater than VFC/MFC, nor speeds
conditions specified in § 25.175 (a), (c), that require a stick force of more than
and (d), and must return to within 7.5 50 pounds), with—
percent of the original trim speed for (i) The wing flaps retracted;
the cruising condition specified in (ii) The center of gravity in the most
§ 25.175(b), when the control force is adverse position (see § 25.27);
slowly released from any speed within (iii) The most critical weight be-
the range specified in paragraph (a) of tween the maximum takeoff and max-
this section. imum landing weights;
(c) The average gradient of the stable (iv) 75 percent of maximum contin-
slope of the stick force versus speed uous power for reciprocating engines or
curve may not be less than 1 pound for for turbine engines, the maximum
each 6 knots. cruising power selected by the appli-
(d) Within the free return speed range cant as an operating limitation (see
specified in paragraph (b) of this sec- § 25.1521), except that the power need
lhorne on DSKJLZT7X2PROD with CFR

tion, it is permissible for the airplane, not exceed that required at VMO/MMO;
without control forces, to stabilize on and

224

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00234 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.177

(v) The airplane trimmed for level (4) The airplane trimmed at 1.3 VSR1
flight with the power required in para- with enough power to maintain level
graph (b)(1)(iv) of this section. flight at this speed.
(2) With the landing gear retracted at (d) Landing. The stick force curve
low speed, the stick force curve must must have a stable slope, and the stick
have a stable slope at all speeds within force may not exceed 80 pounds, at
a range which is the greater of 15 per- speeds between VSW and 1.7 VSR0 with—
cent of the trim speed plus the result- (1) Wing flaps in the landing position;
ing free return speed range, or 50 knots (2) Landing gear extended;
plus the resulting free return speed (3) Maximum landing weight;
range, above and below the trim speed (4) The airplane trimmed at 1.3 VSR0
(except that the speed range need not with—
include speeds less than 1.3 VSR1, nor (i) Power or thrust off, and
speeds greater than the minimum (ii) Power or thrust for level flight.
speed of the applicable speed range pre- (5) The airplane trimmed at 1.3 VSR0
scribed in paragraph (b)(1), nor speeds with power or thrust off.
that require a stick force of more than [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
50 pounds), with— amended by Amdt. 25–7, 30 FR 13117, Oct. 15,
(i) Wing flaps, center of gravity posi- 1965; Amdt. 25–108, 67 FR 70827, Nov. 26, 2002;
tion, and weight as specified in para- Amdt. 25–115, 69 FR 40527, July 2, 2004]
graph (b)(1) of this section;
(ii) Power required for level flight at § 25.177 Static lateral-directional sta-
a speed equal to (VMO + 1.3 VSR1)/2; and bility.
(iii) The airplane trimmed for level (a) The static directional stability
flight with the power required in para- (as shown by the tendency to recover
graph (b)(2)(ii) of this section. from a skid with the rudder free) must
(3) With the landing gear extended, be positive for any landing gear and
the stick force curve must have a sta- flap position and symmetric power con-
ble slope at all speeds within a range dition, at speeds from 1.13 VSR1, up to
which is the greater of 15 percent of the VFE, VLE, or VFC/MFC (as appropriate for
trim speed plus the resulting free re- the airplane configuration).
turn speed range, or 50 knots plus the (b) The static lateral stability (as
resulting free return speed range, shown by the tendency to raise the low
above and below the trim speed (except wing in a sideslip with the aileron con-
that the speed range need not include trols free) for any landing gear and flap
speeds less than 1.3 VSR1, nor speeds position and symmetric power condi-
greater than VLE, nor speeds that re- tion, may not be negative at any air-
quire a stick force of more than 50 speed (except that speeds higher than
pounds), with— VFE need not be considered for flaps ex-
(i) Wing flap, center of gravity posi- tended configurations nor speeds high-
tion, and weight as specified in para- er than VLE for landing gear extended
graph (b)(1) of this section; configurations) in the following air-
(ii) 75 percent of maximum contin- speed ranges:
uous power for reciprocating engines (1) From 1.13 VSR1 to VMO/MMO.
or, for turbine engines, the maximum (2) From VMO/MMO to VFC/MFC, unless
cruising power selected by the appli- the divergence is—
cant as an operating limitation, except (i) Gradual;
that the power need not exceed that re- (ii) Easily recognizable by the pilot;
quired for level flight at VLE; and and
(iii) The aircraft trimmed for level (iii) Easily controllable by the pilot.
flight with the power required in para- (c) The following requirement must
graph (b)(3)(ii) of this section. be met for the configurations and speed
(c) Approach. The stick force curve specified in paragraph (a) of this sec-
must have a stable slope at speeds be- tion. In straight, steady sideslips over
tween VSW and 1.7 VSR1, with— the range of sideslip angles appropriate
(1) Wing flaps in the approach posi- to the operation of the airplane, the ai-
tion; leron and rudder control movements
lhorne on DSKJLZT7X2PROD with CFR

(2) Landing gear retracted; and forces must be substantially pro-


(3) Maximum landing weight; and portional to the angle of sideslip in a

225

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00235 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.181 14 CFR Ch. I (1–1–22 Edition)

stable sense. This factor of proportion- STALLS


ality must lie between limits found
necessary for safe operation. The range § 25.201 Stall demonstration.
of sideslip angles evaluated must in- (a) Stalls must be shown in straight
clude those sideslip angles resulting flight and in 30 degree banked turns
from the lesser of: with—
(1) One-half of the available rudder (1) Power off; and
control input; and (2) The power necessary to maintain
(2) A rudder control force of 180 level flight at 1.5 VSR1 (where VSR1 cor-
pounds. responds to the reference stall speed at
(d) For sideslip angles greater than maximum landing weight with flaps in
those prescribed by paragraph (c) of the approach position and the landing
this section, up to the angle at which gear retracted).
full rudder control is used or a rudder (b) In each condition required by
control force of 180 pounds is obtained, paragraph (a) of this section, it must
the rudder control forces may not re- be possible to meet the applicable re-
verse, and increased rudder deflection quirements of § 25.203 with—
must be needed for increased angles of (1) Flaps, landing gear, and decelera-
sideslip. Compliance with this require- tion devices in any likely combination
ment must be shown using straight, of positions approved for operation;
steady sideslips, unless full lateral con- (2) Representative weights within the
trol input is achieved before reaching range for which certification is re-
either full rudder control input or a quested;
rudder control force of 180 pounds; a (3) The most adverse center of grav-
straight, steady sideslip need not be ity for recovery; and
maintained after achieving full lateral (4) The airplane trimmed for straight
control input. This requirement must flight at the speed prescribed in
be met at all approved landing gear and § 25.103(b)(6).
flap positions for the range of oper- (c) The following procedures must be
ating speeds and power conditions ap- used to show compliance with § 25.203;
propriate to each landing gear and flap (1) Starting at a speed sufficiently
position with all engines operating. above the stalling speed to ensure that
[Amdt. 25–135, 76 FR 74654, Dec. 1, 2011] a steady rate of speed reduction can be
established, apply the longitudinal
§ 25.181 Dynamic stability. control so that the speed reduction
does not exceed one knot per second
(a) Any short period oscillation, not until the airplane is stalled.
including combined lateral-directional (2) In addition, for turning flight
oscillations, occurring between 1.13 VSR stalls, apply the longitudinal control
and maximum allowable speed appro- to achieve airspeed deceleration rates
priate to the configuration of the air- up to 3 knots per second.
plane must be heavily damped with the (3) As soon as the airplane is stalled,
primary controls— recover by normal recovery techniques.
(1) Free; and (d) The airplane is considered stalled
(2) In a fixed position. when the behavior of the airplane gives
(b) Any combined lateral-directional the pilot a clear and distinctive indica-
oscillations (‘‘Dutch roll’’) occurring tion of an acceptable nature that the
between 1.13 VSR and maximum allow- airplane is stalled. Acceptable indica-
able speed appropriate to the configu- tions of a stall, occurring either indi-
ration of the airplane must be posi- vidually or in combination, are—
tively damped with controls free, and (1) A nose-down pitch that cannot be
must be controllable with normal use readily arrested;
of the primary controls without requir- (2) Buffeting, of a magnitude and se-
ing exceptional pilot skill. verity that is a strong and effective de-
[Amdt. 25–42, 43 FR 2322, Jan. 16, 1978, as terrent to further speed reduction; or
(3) The pitch control reaches the aft
lhorne on DSKJLZT7X2PROD with CFR

amended by Amdt. 25–72, 55 FR 29775, July 20,


1990; 55 FR 37607, Sept. 12, 1990; Amdt. 25–108, stop and no further increase in pitch
67 FR 70827, Nov. 26, 2002] attitude occurs when the control is

226

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00236 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.207

held full aft for a short time before re- acceptable by itself. If a warning de-
covery is initiated. vice is used, it must provide a warning
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
in each of the airplane configurations
amended by Amdt. 25–84, 60 FR 30750, June 9, prescribed in paragraph (a) of this sec-
1995; Amdt. 25–108, 67 FR 70827, Nov. 26, 2002] tion at the speed prescribed in para-
graphs (c) and (d) of this section. Ex-
§ 25.203 Stall characteristics. cept for the stall warning prescribed in
(a) It must be possible to produce and paragraph (h)(3)(ii) of this section, the
to correct roll and yaw by unreversed stall warning for flight in icing condi-
use of the aileron and rudder controls, tions must be provided by the same
up to the time the airplane is stalled. means as the stall warning for flight in
No abnormal nose-up pitching may non-icing conditions.
occur. The longitudinal control force (c) When the speed is reduced at rates
must be positive up to and throughout not exceeding one knot per second,
the stall. In addition, it must be pos- stall warning must begin, in each nor-
sible to promptly prevent stalling and mal configuration, at a speed, VSW, ex-
to recover from a stall by normal use ceeding the speed at which the stall is
of the controls. identified in accordance with § 25.201(d)
(b) For level wing stalls, the roll oc- by not less than five knots or five per-
curring between the stall and the com- cent CAS, whichever is greater. Once
pletion of the recovery may not exceed initiated, stall warning must continue
approximately 20 degrees. until the angle of attack is reduced to
(c) For turning flight stalls, the ac- approximately that at which stall
tion of the airplane after the stall may warning began.
not be so violent or extreme as to (d) In addition to the requirement of
make it difficult, with normal piloting paragraph (c) of this section, when the
skill, to effect a prompt recovery and speed is reduced at rates not exceeding
to regain control of the airplane. The
one knot per second, in straight flight
maximum bank angle that occurs dur-
with engines idling and at the center-
ing the recovery may not exceed—
of-gravity position specified in
(1) Approximately 60 degrees in the
§ 25.103(b)(5), VSW, in each normal con-
original direction of the turn, or 30 de-
grees in the opposite direction, for de- figuration, must exceed VSR by not less
celeration rates up to 1 knot per sec- than three knots or three percent CAS,
ond; and whichever is greater.
(2) Approximately 90 degrees in the (e) In icing conditions, the stall
original direction of the turn, or 60 de- warning margin in straight and turn-
grees in the opposite direction, for de- ing flight must be sufficient to allow
celeration rates in excess of 1 knot per the pilot to prevent stalling (as defined
second. in § 25.201(d)) when the pilot starts a re-
covery maneuver not less than three
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
seconds after the onset of stall warn-
amended by Amdt. 25–84, 60 FR 30750, June 9,
1995] ing. When demonstrating compliance
with this paragraph, the pilot must
§ 25.207 Stall warning. perform the recovery maneuver in the
(a) Stall warning with sufficient mar- same way as for the airplane in non-
gin to prevent inadvertent stalling icing conditions. Compliance with this
with the flaps and landing gear in any requirement must be demonstrated in
normal position must be clear and dis- flight with the speed reduced at rates
tinctive to the pilot in straight and not exceeding one knot per second,
turning flight. with—
(b) The warning must be furnished ei- (1) The most critical of the takeoff
ther through the inherent aerodynamic ice and final takeoff ice accretions de-
qualities of the airplane or by a device fined in Appendices C and O of this
that will give clearly distinguishable part, as applicable, in accordance with
indications under expected conditions § 25.21(g), for each configuration used in
of flight. However, a visual stall warn- the takeoff phase of flight;
lhorne on DSKJLZT7X2PROD with CFR

ing device that requires the attention (2) The most critical of the en route
of the crew within the cockpit is not ice accretion(s) defined in Appendices C

227

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00237 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.231 14 CFR Ch. I (1–1–22 Edition)

and O of this part, as applicable, in ac- gin in straight and turning flight must
cordance with § 25.21(g), for the en be sufficient to allow the pilot to pre-
route configuration; vent stalling without encountering any
(3) The most critical of the holding adverse flight characteristics when:
ice accretion(s) defined in Appendices C (1) The speed is reduced at rates not
and O of this part, as applicable, in ac- exceeding one knot per second;
cordance with § 25.21(g), for the holding (2) The pilot performs the recovery
configuration(s); maneuver in the same way as for flight
(4) The most critical of the approach in non-icing conditions; and
ice accretion(s) defined in Appendices C (3) The recovery maneuver is started
and O of this part, as applicable, in ac- no earlier than:
cordance with § 25.21(g), for the ap- (i) One second after the onset of stall
proach configuration(s); and warning if stall warning is provided by
(5) The most critical of the landing the same means as for flight in non-
ice accretion(s) defined in Appendices C icing conditions; or
and O of this part, as applicable, in ac- (ii) Three seconds after the onset of
cordance with § 25.21(g), for the landing stall warning if stall warning is pro-
and go-around configuration(s). vided by a different means than for
(f) The stall warning margin must be flight in non-icing conditions.
sufficient in both non-icing and icing (i) In showing compliance with para-
conditions to allow the pilot to prevent graph (h) of this section, if stall warn-
stalling when the pilot starts a recov- ing is provided by a different means in
ery maneuver not less than one second icing conditions than for non-icing con-
after the onset of stall warning in slow- ditions, compliance with § 25.203 must
down turns with at least 1.5 g load fac- be shown using the accretion defined in
tor normal to the flight path and air- appendix C, part II(e) of this part. Com-
speed deceleration rates of at least 2 pliance with this requirement must be
knots per second. When demonstrating shown using the demonstration pre-
compliance with this paragraph for scribed by § 25.201, except that the de-
icing conditions, the pilot must per- celeration rates of § 25.201(c)(2) need not
form the recovery maneuver in the be demonstrated.
same way as for the airplane in non-
icing conditions. Compliance with this [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–7, 30 FR 13118, Oct. 15,
requirement must be demonstrated in
1965; Amdt. 25–42, 43 FR 2322, Jan. 16, 1978;
flight with— Amdt. 25–108, 67 FR 70827, Nov. 26, 2002;
(1) The flaps and landing gear in any Amdt. 25–121, 72 FR 44668, Aug. 8, 2007; Amdt.
normal position; 25–129, 74 FR 38339, Aug. 3, 2009; Amdt. 25–140,
(2) The airplane trimmed for straight 79 FR 65526, Nov. 4, 2014]
flight at a speed of 1.3 VSR; and
(3) The power or thrust necessary to GROUND AND WATER HANDLING
maintain level flight at 1.3 VSR. CHARACTERISTICS
(g) Stall warning must also be pro-
vided in each abnormal configuration § 25.231 Longitudinal stability and
control.
of the high lift devices that is likely to
be used in flight following system fail- (a) Landplanes may have no uncon-
ures (including all configurations cov- trollable tendency to nose over in any
ered by Airplane Flight Manual proce- reasonably expected operating condi-
dures). tion or when rebound occurs during
(h) The following stall warning mar- landing or takeoff. In addition—
gin is required for flight in icing condi- (1) Wheel brakes must operate
tions before the ice protection system smoothly and may not cause any undue
has been activated and is performing tendency to nose over; and
its intended function. Compliance must (2) If a tail-wheel landing gear is
be shown using the most critical of the used, it must be possible, during the
ice accretion(s) defined in Appendix C, takeoff ground run on concrete, to
part II, paragraph (e) of this part and maintain any attitude up to thrust line
Appendix O, part II, paragraph (d) of level, at 75 percent of VSR1.
lhorne on DSKJLZT7X2PROD with CFR

this part, as applicable, in accordance (b) For seaplanes and amphibians,


with § 25.21(g). The stall warning mar- the most adverse water conditions safe

228

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00238 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.239

for takeoff, taxiing, and landing, must (3) The landing crosswind component
be established. must be established for:
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
(i) Non-icing conditions, and
amended by Amdt. 25–108, 67 FR 70828, Nov. (ii) Icing conditions with the most
26, 2002] critical of the landing ice accretion(s)
defined in Appendices C and O of this
§ 25.233 Directional stability and con- part, as applicable, in accordance with
trol. § 25.21(g).
(a) There may be no uncontrollable (b) For seaplanes and amphibians,
ground-looping tendency in 90° cross the following applies:
winds, up to a wind velocity of 20 knots (1) A 90-degree cross component of
or 0.2 VSR0, whichever is greater, except wind velocity, up to which takeoff and
that the wind velocity need not exceed landing is safe under all water condi-
25 knots at any speed at which the air- tions that may reasonably be expected
plane may be expected to be operated in normal operation, must be estab-
on the ground. This may be shown lished and must be at least 20 knots or
while establishing the 90° cross compo- 0.2 VSR0, whichever is greater, except
nent of wind velocity required by that it need not exceed 25 knots.
§ 25.237. (2) A wind velocity, for which taxiing
(b) Landplanes must be satisfactorily is safe in any direction under all water
controllable, without exceptional pilot- conditions that may reasonably be ex-
ing skill or alertness, in power-off land- pected in normal operation, must be es-
ings at normal landing speed, without tablished and must be at least 20 knots
using brakes or engine power to main- or 0.2 VSR0, whichever is greater, except
tain a straight path. This may be that it need not exceed 25 knots.
shown during power-off landings made [Amdt. 25–42, 43 FR 2322, Jan. 16, 1978, as
in conjunction with other tests. amended by Amdt. 25–108, 67 FR 70827, Nov.
(c) The airplane must have adequate 26, 2002; Amdt. 25–121, 72 FR 44668, Aug. 8,
directional control during taxiing. This 2007; Amdt. 25–140, 79 FR 65525, Nov. 4, 2014]
may be shown during taxiing prior to
takeoffs made in conjunction with § 25.239 Spray characteristics, control,
other tests. and stability on water.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as (a) For seaplanes and amphibians,
amended by Amdt. 25–23, 35 FR 5671, Apr. 8, during takeoff, taxiing, and landing,
1970; Amdt. 25–42, 43 FR 2322, Jan. 16, 1978; and in the conditions set forth in para-
Amdt. 25–94, 63 FR 8848, Feb. 23, 1998; Amdt. graph (b) of this section, there may be
25–108, 67 FR 70828, Nov. 26, 2002] no—
(1) Spray characteristics that would
§ 25.235 Taxiing condition. impair the pilot’s view, cause damage,
The shock absorbing mechanism may or result in the taking in of an undue
not damage the structure of the air- quantity of water;
plane when the airplane is taxied on (2) Dangerously uncontrollable
the roughest ground that may reason- porpoising, bounding, or swinging tend-
ably be expected in normal operation. ency; or
(3) Immersion of auxiliary floats or
§ 25.237 Wind velocities. sponsons, wing tips, propeller blades,
(a) For land planes and amphibians, or other parts not designed to with-
the following applies: stand the resulting water loads.
(1) A 90-degree cross component of (b) Compliance with the require-
wind velocity, demonstrated to be safe ments of paragraph (a) of this section
for takeoff and landing, must be estab- must be shown—
lished for dry runways and must be at (1) In water conditions, from smooth
least 20 knots or 0.2 VSR0, whichever is to the most adverse condition estab-
greater, except that it need not exceed lished in accordance with § 25.231;
25 knots. (2) In wind and cross-wind velocities,
(2) The crosswind component for water currents, and associated waves
lhorne on DSKJLZT7X2PROD with CFR

takeoff established without ice accre- and swells that may reasonably be ex-
tions is valid in icing conditions. pected in operation on water;

229

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00239 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.251 14 CFR Ch. I (1–1–22 Edition)

(3) At speeds that may reasonably be cient range of speeds and load factors
expected in operation on water; for normal operations. Probable inad-
(4) With sudden failure of the critical vertent excursions beyond the bound-
engine at any time while on water; and aries of the buffet onset envelopes may
(5) At each weight and center of grav- not result in unsafe conditions.
ity position, relevant to each operating [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
condition, within the range of loading amended by Amdt. 25–23, 35 FR 5671, Apr. 8,
conditions for which certification is re- 1970; Amdt. 25–72, 55 FR 29775, July 20, 1990;
quested. Amdt. 25–77, 57 FR 28949, June 29, 1992]
(c) In the water conditions of para-
graph (b) of this section, and in the § 25.253 High-speed characteristics.
corresponding wind conditions, the sea- (a) Speed increase and recovery charac-
plane or amphibian must be able to teristics. The following speed increase
drift for five minutes with engines in- and recovery characteristics must be
operative, aided, if necessary, by a sea met:
anchor. (1) Operating conditions and charac-
teristics likely to cause inadvertent
MISCELLANEOUS FLIGHT REQUIREMENTS speed increases (including upsets in
pitch and roll) must be simulated with
§ 25.251 Vibration and buffeting.
the airplane trimmed at any likely
(a) The airplane must be dem- cruise speed up to VMO/MMO. These con-
onstrated in flight to be free from any ditions and characteristics include gust
vibration and buffeting that would pre- upsets, inadvertent control move-
vent continued safe flight in any likely ments, low stick force gradient in rela-
operating condition. tion to control friction, passenger
(b) Each part of the airplane must be movement, leveling off from climb, and
demonstrated in flight to be free from descent from Mach to airspeed limit al-
excessive vibration under any appro- titudes.
priate speed and power conditions up to (2) Allowing for pilot reaction time
VDF/MDF. The maximum speeds shown after effective inherent or artificial
must be used in establishing the oper- speed warning occurs, it must be shown
ating limitations of the airplane in ac- that the airplane can be recovered to a
cordance with § 25.1505. normal attitude and its speed reduced
(c) Except as provided in paragraph to VMO/MMO, without—
(d) of this section, there may be no buf- (i) Exceptional piloting strength or
feting condition, in normal flight, in- skill;
cluding configuration changes during (ii) Exceeding VD/MD, VDF/MDF, or the
cruise, severe enough to interfere with structural limitations; and
the control of the airplane, to cause ex- (iii) Buffeting that would impair the
cessive fatigue to the crew, or to cause pilot’s ability to read the instruments
structural damage. Stall warning buf- or control the airplane for recovery.
feting within these limits is allowable. (3) With the airplane trimmed at any
(d) There may be no perceptible buf- speed up to VMO/MMO, there must be no
feting condition in the cruise configu- reversal of the response to control
ration in straight flight at any speed input about any axis at any speed up to
up to VMO/MMO, except that stall warn- VDF/MDF. Any tendency to pitch, roll, or
ing buffeting is allowable. yaw must be mild and readily control-
(e) For an airplane with MD greater lable, using normal piloting tech-
than .6 or with a maximum operating niques. When the airplane is trimmed
altitude greater than 25,000 feet, the at VMO/MMO, the slope of the elevator
positive maneuvering load factors at control force versus speed curve need
which the onset of perceptible buf- not be stable at speeds greater than
feting occurs must be determined with VFC/MFC, but there must be a push force
the airplane in the cruise configuration at all speeds up to VDF/MDF and there
for the ranges of airspeed or Mach must be no sudden or excessive reduc-
number, weight, and altitude for which tion of elevator control force as VDF/
the airplane is to be certificated. The MDF is reached.
lhorne on DSKJLZT7X2PROD with CFR

envelopes of load factor, speed, alti- (4) Adequate roll capability to assure
tude, and weight must provide a suffi- a prompt recovery from a lateral upset

230

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00240 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.255

condition must be available at any controllability with the degree of out-


speed up to VDF/MDF. of-trim in both the airplane nose-up
(5) With the airplane trimmed at and nose-down directions, which re-
VMO/MMO, extension of the speedbrakes sults from the greater of—
over the available range of movements (1) A three-second movement of the
of the pilot’s control, at all speeds longitudinal trim system at its normal
above VMO/MMO, but not so high that rate for the particular flight condition
VDF/MDF would be exceeded during the with no aerodynamic load (or an equiv-
maneuver, must not result in: alent degree of trim for airplanes that
(i) An excessive positive load factor do not have a power-operated trim sys-
when the pilot does not take action to tem), except as limited by stops in the
counteract the effects of extension; trim system, including those required
(ii) Buffeting that would impair the by § 25.655(b) for adjustable stabilizers;
pilot’s ability to read the instruments or
or control the airplane for recovery; or (2) The maximum mistrim that can
(iii) A nose down pitching moment, be sustained by the autopilot while
unless it is small. maintaining level flight in the high
(b) Maximum speed for stability charac- speed cruising condition.
teristics, VFC/MFC. VFC/MFC is the max- (b) In the out-of-trim condition speci-
imum speed at which the requirements fied in paragraph (a) of this section,
of §§ 25.143(g), 25.147(f), 25.175(b)(1), when the normal acceleration is varied
25.177(a) through (c), and 25.181 must be from + 1 g to the positive and negative
met with flaps and landing gear re- values specified in paragraph (c) of this
tracted. Except as noted in § 25.253(c), section—
VFC/MFC may not be less than a speed (1) The stick force vs. g curve must
midway between VMO/MMO and VDF/MDF, have a positive slope at any speed up to
except that, for altitudes where Mach and including VFC/MFC; and
number is the limiting factor, MFC need (2) At speeds between VFC/MFC and
not exceed the Mach number at which VDF/MDF the direction of the primary
effective speed warning occurs. longitudinal control force may not re-
(c) Maximum speed for stability charac- verse.
teristics in icing conditions. The max- (c) Except as provided in paragraphs
imum speed for stability characteris- (d) and (e) of this section, compliance
tics with the most critical of the ice with the provisions of paragraph (a) of
accretions defined in Appendices C and
this section must be demonstrated in
O of this part, as applicable, in accord-
flight over the acceleration range—
ance with § 25.21(g), at which the re-
(1) ¥1 g to + 2.5 g; or
quirements of §§ 25.143(g), 25.147(f),
(2) 0 g to 2.0 g, and extrapolating by
25.175(b)(1), 25.177(a) through (c), and
an acceptable method to ¥1 g and + 2.5
25.181 must be met, is the lower of:
g.
(1) 300 knots CAS;
(d) If the procedure set forth in para-
(2) VFC; or
(3) A speed at which it is dem- graph (c)(2) of this section is used to
onstrated that the airframe will be free demonstrate compliance and marginal
of ice accretion due to the effects of in- conditions exist during flight test with
creased dynamic pressure. regard to reversal of primary longitu-
dinal control force, flight tests must be
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as accomplished from the normal accel-
amended by Amdt. 25–23, 35 FR 5671, Apr. 8, eration at which a marginal condition
1970; Amdt. 25–54, 45 FR 60172, Sept. 11, 1980;
is found to exist to the applicable limit
Amdt. 25–72, 55 FR 29775, July 20, 1990; Amdt.
25–84, 60 FR 30750, June 9, 1995; Amdt. 25–121, specified in paragraph (b)(1) of this sec-
72 FR 44668, Aug. 8, 2007; Amdt. 25–135, 76 FR tion.
74654, Dec. 1, 2011; Amdt. 25–140,79 FR 65525, (e) During flight tests required by
Nov. 4, 2014] paragraph (a) of this section, the limit
maneuvering load factors prescribed in
§ 25.255 Out-of-trim characteristics. §§ 25.333(b) and 25.337, and the maneu-
(a) From an initial condition with vering load factors associated with
the airplane trimmed at cruise speeds probable inadvertent excursions be-
lhorne on DSKJLZT7X2PROD with CFR

up to VMO/MMO, the airplane must have yond the boundaries of the buffet onset
satisfactory maneuvering stability and envelopes determined under § 25.251(e),

231

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00241 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.301 14 CFR Ch. I (1–1–22 Edition)

need not be exceeded. In addition, the termining those loading conditions are
entry speeds for flight test demonstra- shown to be reliable.
tions at normal acceleration values (c) If deflections under load would
less than 1 g must be limited to the ex- significantly change the distribution of
tent necessary to accomplish a recov- external or internal loads, this redis-
ery without exceeding VDF/MDF. tribution must be taken into account.
(f) In the out-of-trim condition speci-
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
fied in paragraph (a) of this section, it
amended by Amdt. 25–23, 35 FR 5672, Apr. 8,
must be possible from an overspeed 1970]
condition at VDF/MDF to produce at
least 1.5 g for recovery by applying not § 25.303 Factor of safety.
more than 125 pounds of longitudinal
Unless otherwise specified, a factor of
control force using either the primary
safety of 1.5 must be applied to the pre-
longitudinal control alone or the pri-
scribed limit load which are considered
mary longitudinal control and the lon-
gitudinal trim system. If the longitu- external loads on the structure. When a
dinal trim is used to assist in pro- loading condition is prescribed in
ducing the required load factor, it must terms of ultimate loads, a factor of
be shown at VDF/MDF that the longitu- safety need not be applied unless other-
dinal trim can be actuated in the air- wise specified.
plane nose-up direction with the pri- [Amdt. 25–23, 35 FR 5672, Apr. 8, 1970]
mary surface loaded to correspond to
the least of the following airplane § 25.305 Strength and deformation.
nose-up control forces: (a) The structure must be able to
(1) The maximum control forces ex- support limit loads without detri-
pected in service as specified in §§ 25.301 mental permanent deformation. At any
and 25.397. load up to limit loads, the deformation
(2) The control force required to may not interfere with safe operation.
produce 1.5 g. (b) The structure must be able to
(3) The control force corresponding to support ultimate loads without failure
buffeting or other phenomena of such for at least 3 seconds. However, when
intensity that it is a strong deterrent proof of strength is shown by dynamic
to further application of primary longi- tests simulating actual load condi-
tudinal control force. tions, the 3-second limit does not
[Amdt. 25–42, 43 FR 2322, Jan. 16, 1978] apply. Static tests conducted to ulti-
mate load must include the ultimate
Subpart C—Structure deflections and ultimate deformation
induced by the loading. When analyt-
GENERAL ical methods are used to show compli-
ance with the ultimate load strength
§ 25.301 Loads. requirements, it must be shown that—
(a) Strength requirements are speci- (1) The effects of deformation are not
fied in terms of limit loads (the max- significant;
imum loads to be expected in service) (2) The deformations involved are
and ultimate loads (limit loads multi- fully accounted for in the analysis; or
plied by prescribed factors of safety). (3) The methods and assumptions
Unless otherwise provided, prescribed used are sufficient to cover the effects
loads are limit loads. of these deformations.
(b) Unless otherwise provided, the (c) Where structural flexibility is
specified air, ground, and water loads such that any rate of load application
must be placed in equilibrium with in- likely to occur in the operating condi-
ertia forces, considering each item of tions might produce transient stresses
mass in the airplane. These loads must appreciably higher than those cor-
be distributed to conservatively ap- responding to static loads, the effects
proximate or closely represent actual of this rate of application must be con-
conditions. Methods used to determine sidered.
load intensities and distribution must (d) [Reserved]
lhorne on DSKJLZT7X2PROD with CFR

be validated by flight load measure- (e) The airplane must be designed to


ment unless the methods used for de- withstand any vibration and buffeting

232

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00242 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.331

that might occur in any likely oper- weight of the airplane. A positive load
ating condition up to VD/MD, including factor is one in which the aerodynamic
stall and probable inadvertent excur- force acts upward with respect to the
sions beyond the boundaries of the buf- airplane.
fet onset envelope. This must be shown (b) Considering compressibility ef-
by analysis, flight tests, or other tests fects at each speed, compliance with
found necessary by the Administrator. the flight load requirements of this
(f) Unless shown to be extremely im- subpart must be shown—
probable, the airplane must be designed (1) At each critical altitude within
to withstand any forced structural vi- the range of altitudes selected by the
bration resulting from any failure, applicant;
malfunction or adverse condition in (2) At each weight from the design
the flight control system. These must minimum weight to the design max-
be considered limit loads and must be imum weight appropriate to each par-
investigated at airspeeds up to VC/MC. ticular flight load condition; and
(3) For each required altitude and
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–23, 35 FR 5672, Apr. 8, weight, for any practicable distribution
1970; Amdt. 25–54, 45 FR 60172, Sept. 11, 1980; of disposable load within the operating
Amdt. 25–77, 57 FR 28949, June 29, 1992; Amdt. limitations recorded in the Airplane
25–86, 61 FR 5220, Feb. 9, 1996] Flight Manual.
(c) Enough points on and within the
§ 25.307 Proof of structure. boundaries of the design envelope must
(a) Compliance with the strength and be investigated to ensure that the max-
deformation requirements of this sub- imum load for each part of the airplane
part must be shown for each critical structure is obtained.
loading condition. Structural analysis (d) The significant forces acting on
may be used only if the structure con- the airplane must be placed in equi-
forms to that for which experience has librium in a rational or conservative
shown this method to be reliable. In manner. The linear inertia forces must
other cases, substantiating tests must be considered in equilibrium with the
be made to load levels that are suffi- thrust and all aerodynamic loads,
cient to verify structural behavior up while the angular (pitching) inertia
to loads specified in § 25.305. forces must be considered in equi-
(b)–(c) [Reserved] librium with thrust and all aero-
(d) When static or dynamic tests are dynamic moments, including moments
used to show compliance with the re- due to loads on components such as
quirements of § 25.305(b) for flight tail surfaces and nacelles. Critical
structures, appropriate material cor- thrust values in the range from zero to
rection factors must be applied to the maximum continuous thrust must be
test results, unless the structure, or considered.
part thereof, being tested has features [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
such that a number of elements con- amended by Amdt. 25–23, 35 FR 5672, Apr. 8,
tribute to the total strength of the 1970; Amdt. 25–86, 61 FR 5220, Feb. 9, 1996]
structure and the failure of one ele-
ment results in the redistribution of FLIGHT MANEUVER AND GUST
the load through alternate load paths. CONDITIONS
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as § 25.331 Symmetric maneuvering con-
amended by Amdt. 25–23, 35 FR 5672, Apr. 8, ditions.
1970; Amdt. 25–54, 45 FR 60172, Sept. 11, 1980;
Amdt. 25–72, 55 FR 29775, July 20, 1990; Amdt. (a) Procedure. For the analysis of the
25–139, 79 FR 59429, Oct. 2, 2014] maneuvering flight conditions specified
in paragraphs (b) and (c) of this sec-
FLIGHT LOADS tion, the following provisions apply:
(1) Where sudden displacement of a
§ 25.321 General. control is specified, the assumed rate
(a) Flight load factors represent the of control surface displacement may
ratio of the aerodynamic force compo- not be less than the rate that could be
lhorne on DSKJLZT7X2PROD with CFR

nent (acting normal to the assumed applied by the pilot through the con-
longitudinal axis of the airplane) to the trol system.

233

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00243 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.331 14 CFR Ch. I (1–1–22 Edition)

(2) In determining elevator angles positive limit load factor prescribed in


and chordwise load distribution in the § 25.337 is achieved. As a separate condi-
maneuvering conditions of paragraphs tion, nose-down checked pitching ma-
(b) and (c) of this section, the effect of neuvers must be analyzed in which a
corresponding pitching velocities must limit load factor of 0g is achieved. In
be taken into account. The in-trim and defining the airplane loads, the flight
out-of-trim flight conditions specified deck pitch control motions described
in § 25.255 must be considered. in paragraphs (c)(2)(i) through (iv) of
(b) Maneuvering balanced conditions. this section must be used:
Assuming the airplane to be in equi- (i) The airplane is assumed to be fly-
librium with zero pitching accelera- ing in steady level flight at any speed
tion, the maneuvering conditions A between VA and VD and the flight deck
through I on the maneuvering envelope pitch control is moved in accordance
in § 25.333(b) must be investigated. with the following formula:
(c) Maneuvering pitching conditions.
d(t) = d1 sin(wt) for 0 ≤ t ≤ tmax
The following conditions must be in-
vestigated: Where—
(1) Maximum pitch control displacement d1 = the maximum available displacement of
at VA. The airplane is assumed to be the flight deck pitch control in the ini-
flying in steady level flight (point A1, tial direction, as limited by the control
§ 25.333(b)) and the cockpit pitch con- system stops, control surface stops, or by
trol is suddenly moved to obtain ex- pilot effort in accordance with § 25.397(b);
d(t) = the displacement of the flight deck
treme nose up pitching acceleration. In
pitch control as a function of time. In
defining the tail load, the response of the initial direction, d(t) is limited to d1.
the airplane must be taken into ac- In the reverse direction, d(t) may be
count. Airplane loads that occur subse- truncated at the maximum available dis-
quent to the time when normal accel- placement of the flight deck pitch con-
eration at the c.g. exceeds the positive trol as limited by the control system
limit maneuvering load factor (at point stops, control surface stops, or by pilot
A2 in § 25.333(b)), or the resulting effort in accordance with 25.397(b);
tailplane normal load reaches its max- tmax = 3π/2w;
w = the circular frequency (radians/second) of
imum, whichever occurs first, need not the control deflection taken equal to the
be considered. undamped natural frequency of the short
(2) Checked maneuver between VA and period rigid mode of the airplane, with
VD. Nose-up checked pitching maneu- active control system effects included
vers must be analyzed in which the where appropriate; but not less than:

Where necessary to ensure that the normal


V = the speed of the airplane at entry to the acceleration at the center of gravity
maneuver. does not go below 0g.
VA = the design maneuvering speed pre- (iii) In addition, for cases where the
scribed in § 25.335(c). airplane response to the specified flight
deck pitch control motion does not
(ii) For nose-up pitching maneuvers,
achieve the prescribed limit load fac-
the complete flight deck pitch control
tors, then the following flight deck
displacement history may be scaled
pitch control motion must be used:
down in amplitude to the extent nec-
essary to ensure that the positive limit d(t) = d1 sin(wt) for 0 ≤ t ≤ t1
load factor prescribed in § 25.337 is not d(t) = d1 for t1 ≤ t ≤ t2
d(t) = d1 sin(w[t + t1 ¥ t2]) for t2 ≤ t ≤
exceeded. For nose-down pitching ma-
tmax
neuvers, the complete flight deck con-
lhorne on DSKJLZT7X2PROD with CFR

trol displacement history may be Where—


scaled down in amplitude to the extent t1 = π/2w

234
ER11DE14.023</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00244 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.333
t2 = t1 + Dt to be achieved in the initial direction,
tmax = t2 + π/w; but it need not exceed five seconds (see
Dt = the minimum period of time necessary figure below).
to allow the prescribed limit load factor

(iv) In cases where the flight deck (C) tmax..


pitch control motion may be affected [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
by inputs from systems (for example, amended by Amdt. 25–23, 35 FR 5672, Apr. 8,
by a stick pusher that can operate at 1970; Amdt. 25–46, 43 FR 50594, Oct. 30, 1978; 43
high load factor as well as at 1g), then FR 52495, Nov. 13, 1978; 43 FR 54082, Nov. 20,
the effects of those systems shall be 1978; Amdt. 25–72, 55 FR 29775, July 20, 1990; 55
taken into account. FR 37607, Sept. 12, 1990; Amdt. 25–86, 61 FR
5220, Feb. 9, 1996; Amdt. 25–91, 62 FR 40704,
(v) Airplane loads that occur beyond July 29, 1997; Amdt. 25–141, 79 FR 73466, Dec.
the following times need not be consid- 11, 2014]
ered:
(A) For the nose-up pitching maneu- § 25.333 Flight maneuvering envelope.
ver, the time at which the normal ac- (a) General. The strength require-
celeration at the center of gravity goes ments must be met at each combina-
below 0g; tion of airspeed and load factor on and
(B) For the nose-down pitching ma- within the boundaries of the represent-
neuver, the time at which the normal ative maneuvering envelope (V-n dia-
acceleration at the center of gravity gram) of paragraph (b) of this section.
goes above the positive limit load fac- This envelope must also be used in de-
tor prescribed in § 25.337; termining the airplane structural oper-
ating limitations as specified in
§ 25.1501.
(b) Maneuvering envelope.
lhorne on DSKJLZT7X2PROD with CFR

235
ER11DE14.024</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00245 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.335 14 CFR Ch. I (1–1–22 Edition)

[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as amended by Amdt. 25–86, 61 FR 5220, Feb. 9, 1996]

§ 25.335 Design airspeeds. (1) From an initial condition of sta-


bilized flight at VC/MC, the airplane is
The selected design airspeeds are
upset, flown for 20 seconds along a
equivalent airspeeds (EAS). Estimated
flight path 7.5° below the initial path,
values of VS0 and VS1 must be conserv-
and then pulled up at a load factor of
ative.
1.5g (0.5g acceleration increment). The
(a) Design cruising speed, VC. For VC,
speed increase occurring in this maneu-
the following apply:
ver may be calculated if reliable or
(1) The minimum value of VC must be
conservative aerodynamic data is used.
sufficiently greater than VB to provide
Power as specified in § 25.175(b)(1)(iv) is
for inadvertent speed increases likely
assumed until the pullup is initiated,
to occur as a result of severe atmos-
pheric turbulence. at which time power reduction and the
use of pilot controlled drag devices
(2) Except as provided in § 25.335(d)(2),
may be assumed;
VC may not be less than VB + 1.32 U REF
(with UREF as specified in (2) The minimum speed margin must
§ 25.341(a)(5)(i)). However VC need not be enough to provide for atmospheric
exceed the maximum speed in level variations (such as horizontal gusts,
flight at maximum continuous power and penetration of jet streams and cold
for the corresponding altitude. fronts) and for instrument errors and
(3) At altitudes where VD is limited airframe production variations. These
by Mach number, VC may be limited to factors may be considered on a prob-
a selected Mach number. ability basis. The margin at altitude
(b) Design dive speed, VD. VD must be where MC is limited by compressibility
selected so that VC/MC is not greater effects must not less than 0.07M unless
than 0.8 VD/MD, or so that the minimum a lower margin is determined using a
lhorne on DSKJLZT7X2PROD with CFR

speed margin between VC/MC and VD/MD rational analysis that includes the ef-
is the greater of the following values: fects of any automatic systems. In any

236
EC28SE91.035</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00246 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.337

case, the margin may not be reduced to greater than the operating speed rec-
less than 0.05M. ommended for the corresponding stage
(c) Design maneuvering speed VA. For of flight (including balked landings) to
VA, the following apply: allow for probable variations in control
(1) VA may not be less than VS1 √n of airspeed and for transition from one
where— flap position to another.
(i) n is the limit positive maneu- (2) If an automatic flap positioning or
vering load factor at VC; and load limiting device is used, the speeds
(ii) VS1 is the stalling speed with flaps and corresponding flap positions pro-
retracted. grammed or allowed by the device may
(2) VA and VS must be evaluated at be used.
the design weight and altitude under (3) VF may not be less than—
consideration. (i) 1.6 VS1 with the flaps in takeoff po-
(3) VA need not be more than VC or sition at maximum takeoff weight;
the speed at which the positive CN max
(ii) 1.8 VS1 with the flaps in approach
curve intersects the positive maneuver
position at maximum landing weight,
load factor line, whichever is less.
and
(d) Design speed for maximum gust in-
tensity, VB. (iii) 1.8 VS0 with the flaps in landing
(1) VB may not be less than position at maximum landing weight.
(f) Design drag device speeds, VDD. The
12 selected design speed for each drag de-
⎡ K g U ref Vc a ⎤ vice must be sufficiently greater than
VS1 ⎢1 + ⎥ the speed recommended for the oper-
⎣ 498w ⎦ ation of the device to allow for prob-
where— able variations in speed control. For
VS1 = the 1-g stalling speed based on CNAmax drag devices intended for use in high
with the flaps retracted at the particular speed descents, VDD may not be less
weight under consideration; than VD. When an automatic drag de-
Vc = design cruise speed (knots equivalent
vice positioning or load limiting means
airspeed);
Uref = the reference gust velocity (feet per is used, the speeds and corresponding
second equivalent airspeed) from drag device positions programmed or
§ 25.341(a)(5)(i); allowed by the automatic means must
w = average wing loading (pounds per square be used for design.
foot) at the particular weight under con-
sideration. [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–23, 35 FR 5672, Apr. 8,
.88 μ 1970; Amdt. 25–86, 61 FR 5220, Feb. 9, 1996;
Kg = Amdt. 25–91, 62 FR 40704, July 29, 1997]
5.3 + μ § 25.337 Limit maneuvering load fac-
tors.
2w
μ= (a) Except where limited by max-
ρcag imum (static) lift coefficients, the air-
r = density of air (slugs/ft3); plane is assumed to be subjected to
c = mean geometric chord of the wing (feet); symmetrical maneuvers resulting in
g = acceleration due to gravity (ft/sec2); the limit maneuvering load factors pre-
a = slope of the airplane normal force coeffi- scribed in this section. Pitching veloci-
cient curve, CNA per radian; ties appropriate to the corresponding
(2) At altitudes where VC is limited pull-up and steady turn maneuvers
by Mach number— must be taken into account.
(i) VB may be chosen to provide an (b) The positive limit maneuvering
optimum margin between low and high load factor n for any speed up to Vn
speed buffet boundaries; and, may not be less than 2.1 + 24,000/ (W +
(ii) VB need not be greater than VC. 10,000) except that n may not be less
(e) Design flap speeds, VF. For VF, the than 2.5 and need not be greater than
following apply: 3.8—where W is the design maximum
(1) The design flap speed for each flap takeoff weight.
ER09FE96.017</MATH>
lhorne on DSKJLZT7X2PROD with CFR

position (established in accordance (c) The negative limit maneuvering


with § 25.697(a)) must be sufficiently load factor—

237
ER09fe96.016</MATH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00247 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.341 14 CFR Ch. I (1–1–22 Edition)

(1) May not be less than ¥1.0 at (i) At airplane speeds between VB and
speeds up to VC; and VC: Positive and negative gusts with
(2) Must vary linearly with speed reference gust velocities of 56.0 ft/sec
from the value at VC to zero at VD. EAS must be considered at sea level.
(d) Maneuvering load factors lower The reference gust velocity may be re-
than those specified in this section duced linearly from 56.0 ft/sec EAS at
may be used if the airplane has design sea level to 44.0 ft/sec EAS at 15,000
features that make it impossible to ex- feet. The reference gust velocity may
ceed these values in flight. be further reduced linearly from 44.0 ft/
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as sec EAS at 15,000 feet to 20.86 ft/sec
amended by Amdt. 25–23, 35 FR 5672, Apr. 8, EAS at 60,000 feet.
1970] (ii) At the airplane design speed VD:
The reference gust velocity must be 0.5
§ 25.341 Gust and turbulence loads. times the value obtained under
(a) Discrete Gust Design Criteria. The § 25.341(a)(5)(i).
airplane is assumed to be subjected to (6) The flight profile alleviation fac-
symmetrical vertical and lateral gusts tor, Fg, must be increased linearly from
in level flight. Limit gust loads must the sea level value to a value of 1.0 at
be determined in accordance with the the maximum operating altitude de-
provisions: fined in § 25.1527. At sea level, the flight
(1) Loads on each part of the struc- profile alleviation factor is determined
ture must be determined by dynamic by the following equation:
analysis. The analysis must take into
account unsteady aerodynamic charac-
teristics and all significant structural (
Fg = 0.5 Fgz + Fgm )
degrees of freedom including rigid body
motions. Where:
(2) The shape of the gust must be:
Z mo
U ⎡ ⎛ πs ⎞ ⎤ Fgz = 1 − ;
U = ds ⎢1- Cos⎜ ⎟ ⎥ 250000
2 ⎣ ⎝ H ⎠⎦
πR1 ⎞
for 0 ≤s ≤2H Fgm = R 2 Tan ⎛ 4⎠;
where— ⎝
s = distance penetrated into the gust (feet);
Uds = the design gust velocity in equivalent Maximum Landing Weight
airspeed specified in paragraph (a)(4) of R1 = ;
this section; and
H = the gust gradient which is the distance
Maximum Take-off Weight
(feet) parallel to the airplane’s flight
path for the gust to reach its peak veloc- Maximum Zero Fuel Weight
ity. R2 = ;
Maximum Take-off Weight
(3) A sufficient number of gust gra-
dient distances in the range 30 feet to Zmo = Maximum operating altitude defined in
§ 25.1527 (feet).
350 feet must be investigated to find
the critical response for each load (7) When a stability augmentation
quantity. system is included in the analysis, the
(4) The design gust velocity must be: effect of any significant system non-
linearities should be accounted for
( )
16
U ds = U ref Fg H 350 when deriving limit loads from limit
gust conditions.
EN08MR96.004</MATH>

where— (b) Continuous turbulence design cri-


Uref = the reference gust velocity in equiva- teria. The dynamic response of the air-
lent airspeed defined in paragraph (a)(5) plane to vertical and lateral contin-
of this section. uous turbulence must be taken into ac-
Fg = the flight profile alleviation factor de- count. The dynamic analysis must take
fined in paragraph (a)(6) of this section.
ER09FE96.019</MATH>

into account unsteady aerodynamic


lhorne on DSKJLZT7X2PROD with CFR

(5) The following reference gust ve- characteristics and all significant
locities apply: structural degrees of freedom including

238
ER09FE96.018</MATH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00248 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.341

rigid body motions. The limit loads Where—


must be determined for all critical alti- PL = limit load;
tudes, weights, and weight distribu- PL¥1g = steady 1g load for the condition;
tions as specified in § 25.321(b), and all A = ratio of root-mean-square incremental
load for the condition to root-mean-
critical speeds within the ranges indi- square turbulence velocity; and
cated in § 25.341(b)(3). Uσ = limit turbulence intensity in true air-
(1) Except as provided in paragraphs speed, specified in paragraph (b)(3) of this
(b)(4) and (5) of this section, the fol- section.
lowing equation must be used: (2) Values of A must be determined
PL = PL¥1g ± UσĀ according to the following formula:

Where— lates the loads in the aircraft structure


H(W) = the frequency response function, de- to the atmospheric turbulence; and
termined by dynamic analysis, that re- F(W) = normalized power spectral density of
atmospheric turbulence given by—

Where— (iv) At all speeds, both positive and


W = reduced frequency, radians per foot; and negative incremental loads due to con-
L = scale of turbulence = 2,500 ft. tinuous turbulence must be considered.
(4) When an automatic system affect-
(3) The limit turbulence intensities,
ing the dynamic response of the air-
Uσ, in feet per second true airspeed re-
plane is included in the analysis, the
quired for compliance with this para-
effects of system non-linearities on
graph are— loads at the limit load level must be
(i) At airplane speeds between VB and taken into account in a realistic or
VC: conservative manner.
Uσ = Uσref Fg (5) If necessary for the assessment of
Where— loads on airplanes with significant non-
Uσref is the reference turbulence intensity
linearities, it must be assumed that
that varies linearly with altitude from 90 the turbulence field has a root-mean-
fps (TAS) at sea level to 79 fps (TAS) at square velocity equal to 40 percent of
24,000 feet and is then constant at 79 fps the Uσ values specified in paragraph
(TAS) up to the altitude of 60,000 feet. (b)(3) of this section. The value of limit
Fg is the flight profile alleviation factor de- load is that load with the same prob-
fined in paragraph (a)(6) of this section; ability of exceedance in the turbulence
field as AUσ of the same load quantity
(ii) At speed VD: Uσ is equal to 1⁄2 the
in a linear approximated model.
values obtained under paragraph
(c) Supplementary gust conditions for
(b)(3)(i) of this section.
wing-mounted engines. For airplanes
(iii) At speeds between VC and VD: Uσ equipped with wing-mounted engines,
lhorne on DSKJLZT7X2PROD with CFR

ER11DE14.026</GPH>

is equal to a value obtained by linear the engine mounts, pylons, and wing
interpolation. supporting structure must be designed

239
ER11DE14.025</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00249 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.343 14 CFR Ch. I (1–1–22 Edition)

for the maximum response at the na- ently tuned to the maximum response
celle center of gravity derived from the in accordance with § 25.341(a). The pene-
following dynamic gust conditions ap- tration of the airplane in the combined
plied to the airplane: gust field and the phasing of the
(1) A discrete gust determined in ac- vertical and lateral component gusts
cordance with § 25.341(a) at each angle must be established to develop the
normal to the flight path, and sepa- maximum response to the gust pair. In
rately, the absence of a more rational anal-
(2) A pair of discrete gusts, one ysis, the following formula must be
vertical and one lateral. The length of used for each of the maximum engine
each of these gusts must be independ- loads in all six degrees of freedom:

Where— design condition of paragraph (b)(1) of


PL = limit load; this section; and
PL-1g = steady 1g load for the condition; (3) The flutter, deformation, and vi-
LV = peak incremental response load due to bration requirements must also be met
a vertical gust according to § 25.341(a); with zero fuel.
and
LL = peak incremental response load due to [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
a lateral gust according to § 25.341(a). amended by Amdt. 25–18, 33 FR 12226, Aug. 30,
1968; Amdt. 25–72, 55 FR 37607, Sept. 12, 1990;
[Doc. No. 27902, 61 FR 5221, Feb. 9, 1996; 61 FR
Amdt. 25–86, 61 FR 5221, Feb. 9, 1996; Amdt.
9533, Mar. 8, 1996; Doc. No. FAA–2013–0142; 79 25–141, 79 FR 73468, Dec. 11, 2014]
FR 73467, Dec. 11, 2014; Amdt. 25–141, 80 FR
4762, Jan. 29, 2015; 80 FR 6435, Feb. 5, 2015] § 25.345 High lift devices.
§ 25.343 Design fuel and oil loads. (a) If wing flaps are to be used during
(a) The disposable load combinations takeoff, approach, or landing, at the
must include each fuel and oil load in design flap speeds established for these
stages of flight under § 25.335(e) and
the range from zero fuel and oil to the
with the wing flaps in the cor-
selected maximum fuel and oil load. A
responding positions, the airplane is
structural reserve fuel condition, not
assumed to be subjected to symmet-
exceeding 45 minutes of fuel under the
rical maneuvers and gusts. The result-
operating conditions in § 25.1001(e) and
ing limit loads must correspond to the
(f), as applicable, may be selected.
conditions determined as follows:
(b) If a structural reserve fuel condi-
(1) Maneuvering to a positive limit
tion is selected, it must be used as the
load factor of 2.0; and
minimum fuel weight condition for (2) Positive and negative gusts of 25
showing compliance with the flight ft/sec EAS acting normal to the flight
load requirements as prescribed in this path in level flight. Gust loads result-
subpart. In addition— ing on each part of the structure must
(1) The structure must be designed be determined by rational analysis.
for a condition of zero fuel and oil in The analysis must take into account
the wing at limit loads corresponding the unsteady aerodynamic characteris-
to— tics and rigid body motions of the air-
(i) A maneuvering load factor of + craft. The shape of the gust must be as
2.25; and described in § 25.341(a)(2) except that—
(ii) The gust and turbulence condi-
tions of § 25.341(a) and (b), but assuming Uds = 25 ft/sec EAS;
85% of the gust velocities prescribed in H = 12.5 c; and
c = mean geometric chord of the wing (feet).
§ 25.341(a)(4) and 85% of the turbulence
intensities prescribed in § 25.341(b)(3). (b) The airplane must be designed for
(2) Fatigue evaluation of the struc- the conditions prescribed in paragraph
lhorne on DSKJLZT7X2PROD with CFR

ture must account for any increase in (a) of this section, except that the air-
operating stresses resulting from the plane load factor need not exceed 1.0,

240
ER11DE14.027</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00250 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.351

taking into account, as separate condi- (1) Conditions corresponding to


tions, the effects of— steady rolling velocities must be inves-
(1) Propeller slipstream cor- tigated. In addition, conditions cor-
responding to maximum continuous responding to maximum angular accel-
power at the design flap speeds VF, and eration must be investigated for air-
with takeoff power at not less than 1.4 planes with engines or other weight
times the stalling speed for the par- concentrations outboard of the fuse-
ticular flap position and associated lage. For the angular acceleration con-
maximum weight; and ditions, zero rolling velocity may be
(2) A head-on gust of 25 feet per sec- assumed in the absence of a rational
ond velocity (EAS). time history investigation of the ma-
(c) If flaps or other high lift devices neuver.
are to be used in en route conditions, (2) At VA, a sudden deflection of the
and with flaps in the appropriate posi- aileron to the stop is assumed.
tion at speeds up to the flap design (3) At VC, the aileron deflection must
speed chosen for these conditions, the be that required to produce a rate of
airplane is assumed to be subjected to roll not less than that obtained in
symmetrical maneuvers and gusts paragraph (a)(2) of this section.
within the range determined by— (4) At VD, the aileron deflection must
(1) Maneuvering to a positive limit be that required to produce a rate of
load factor as prescribed in § 25.337(b); roll not less than one-third of that in
and paragraph (a)(2) of this section.
(2) The vertical gust and turbulence (b) Unsymmetrical gusts. The airplane
conditions prescribed in § 25.341(a) and is assumed to be subjected to unsym-
(b). metrical vertical gusts in level flight.
(d) The airplane must be designed for The resulting limit loads must be de-
a maneuvering load factor of 1.5 g at termined from either the wing max-
the maximum take-off weight with the imum airload derived directly from
wing-flaps and similar high lift devices § 25.341(a), or the wing maximum air-
in the landing configurations. load derived indirectly from the
vertical load factor calculated from
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as § 25.341(a). It must be assumed that 100
amended by Amdt. 25–46, 43 FR 50595, Oct. 30, percent of the wing air load acts on one
1978; Amdt. 25–72, 55 FR 37607, Sept. 17, 1990;
Amdt. 25–86, 61 FR 5221, Feb. 9, 1996; Amdt.
side of the airplane and 80 percent of
25–91, 62 FR 40704, July 29, 1997; Amdt. 25–141, the wing air load acts on the other
79 FR 73468, Dec. 11, 2014] side.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
§ 25.349 Rolling conditions. amended by Amdt. 25–23, 35 FR 5672, Apr. 8,
The airplane must be designed for 1970; Amdt. 25–86, 61 FR 5222, Feb. 9, 1996;
loads resulting from the rolling condi- Amdt. 25–94, 63 FR 8848, Feb. 23, 1998]
tions specified in paragraphs (a) and (b)
of this section. Unbalanced aero- § 25.351 Yaw maneuver conditions.
dynamic moments about the center of The airplane must be designed for
gravity must be reacted in a rational loads resulting from the yaw maneuver
or conservative manner, considering conditions specified in paragraphs (a)
the principal masses furnishing the re- through (d) of this section at speeds
acting inertia forces. from VMC to VD. Unbalanced aero-
(a) Maneuvering. The following condi- dynamic moments about the center of
tions, speeds, and aileron deflections gravity must be reacted in a rational
(except as the deflections may be lim- or conservative manner considering the
ited by pilot effort) must be considered airplane inertia forces. In computing
in combination with an airplane load the tail loads the yawing velocity may
factor of zero and of two-thirds of the be assumed to be zero.
positive maneuvering factor used in de- (a) With the airplane in unacceler-
sign. In determining the required aile- ated flight at zero yaw, it is assumed
ron deflections, the torsional flexi- that the cockpit rudder control is sud-
lhorne on DSKJLZT7X2PROD with CFR

bility of the wing must be considered denly displaced to achieve the result-
in accordance with § 25.301(b): ing rudder deflection, as limited by:

241

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00251 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.361 14 CFR Ch. I (1–1–22 Edition)

(1) The control system on control a rational analysis, a factor of 1.6 must
surface stops; or be used.
(2) A limit pilot force of 300 pounds (2) The limit engine torque to be con-
from VMC to VA and 200 pounds from VC/ sidered under paragraph (a)(1) of this
MC to VD/MD, with a linear variation section must be obtained by—
between VA and VC/MC. (i) For turbopropeller installations,
(b) With the cockpit rudder control multiplying mean engine torque for the
deflected so as always to maintain the specified power/thrust and speed by a
maximum rudder deflection available factor of 1.25;
within the limitations specified in (ii) For other turbine engines, the
paragraph (a) of this section, it is as- limit engine torque must be equal to
sumed that the airplane yaws to the the maximum accelerating torque for
overswing sideslip angle. the case considered.
(c) With the airplane yawed to the (3) The engine mounts, pylons, and
static equilibrium sideslip angle, it is adjacent supporting airframe structure
assumed that the cockpit rudder con- must be designed to withstand 1g level
trol is held so as to achieve the max- flight loads acting simultaneously with
imum rudder deflection available with- the limit engine torque loads imposed
in the limitations specified in para- by each of the following conditions to
graph (a) of this section. be considered separately:
(d) With the airplane yawed to the (i) Sudden maximum engine decelera-
static equilibrium sideslip angle of tion due to malfunction or abnormal
paragraph (c) of this section, it is as- condition; and
sumed that the cockpit rudder control (ii) The maximum acceleration of en-
is suddenly returned to neutral. gine.
(b) For auxiliary power unit installa-
[Amdt. 25–91, 62 FR 40704, July 29, 1997]
tions, the power unit mounts and adja-
SUPPLEMENTARY CONDITIONS cent supporting airframe structure
must be designed to withstand 1g level
§ 25.361 Engine and auxiliary power flight loads acting simultaneously with
unit torque. the limit torque loads imposed by each
of the following conditions to be con-
(a) For engine installations—
sidered separately:
(1) Each engine mount, pylon, and ad-
(1) Sudden maximum auxiliary power
jacent supporting airframe structures
unit deceleration due to malfunction,
must be designed for the effects of—
abnormal condition, or structural fail-
(i) A limit engine torque cor- ure; and
responding to takeoff power/thrust and, (2) The maximum acceleration of the
if applicable, corresponding propeller auxiliary power unit.
speed, acting simultaneously with 75%
of the limit loads from flight condition [Amdt. 25–141, 79 FR 73468, Dec. 11, 2014]
A of § 25.333(b);
(ii) A limit engine torque cor- § 25.362 Engine failure loads.
responding to the maximum contin- (a) For engine mounts, pylons, and
uous power/thrust and, if applicable, adjacent supporting airframe struc-
corresponding propeller speed, acting ture, an ultimate loading condition
simultaneously with the limit loads must be considered that combines 1g
from flight condition A of § 25.333(b); flight loads with the most critical
and transient dynamic loads and vibra-
(iii) For turbopropeller installations tions, as determined by dynamic anal-
only, in addition to the conditions ysis, resulting from failure of a blade,
specified in paragraphs (a)(1)(i) and (ii) shaft, bearing or bearing support, or
of this section, a limit engine torque bird strike event. Any permanent de-
corresponding to takeoff power and formation from these ultimate load
propeller speed, multiplied by a factor conditions must not prevent continued
accounting for propeller control sys- safe flight and landing.
tem malfunction, including quick (b) The ultimate loads developed
lhorne on DSKJLZT7X2PROD with CFR

feathering, acting simultaneously with from the conditions specified in para-


1g level flight loads. In the absence of graph (a) of this section are to be—

242

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00252 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.365

(1) Multiplied by a factor of 1.0 when (e) Any structure, component or part,
applied to engine mounts and pylons; inside or outside a pressurized com-
and partment, the failure of which could
(2) Multiplied by a factor of 1.25 when interfere with continued safe flight and
applied to adjacent supporting air- landing, must be designed to withstand
frame structure. the effects of a sudden release of pres-
sure through an opening in any com-
[Amdt. 25–141, 79 FR 73468, Dec. 11, 2014]
partment at any operating altitude re-
§ 25.363 Side load on engine and auxil- sulting from each of the following con-
iary power unit mounts. ditions:
(1) The penetration of the compart-
(a) Each engine and auxiliary power
ment by a portion of an engine fol-
unit mount and its supporting struc-
lowing an engine disintegration;
ture must be designed for a limit load
(2) Any opening in any pressurized
factor in lateral direction, for the side
compartment up to the size Ho in
load on the engine and auxiliary power
square feet; however, small compart-
unit mount, at least equal to the max-
ments may be combined with an adja-
imum load factor obtained in the yaw-
cent pressurized compartment and both
ing conditions but not less than—
considered as a single compartment for
(1) 1.33; or
openings that cannot reasonably be ex-
(2) One-third of the limit load factor pected to be confined to the small com-
for flight condition A as prescribed in partment. The size Ho must be com-
§ 25.333(b). puted by the following formula:
(b) The side load prescribed in para-
graph (a) of this section may be as- Ho = PAs
sumed to be independent of other flight where,
conditions. Ho = Maximum opening in square feet, need
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as not exceed 20 square feet.
amended by Amdt. 25–23, 35 FR 5672, Apr. 8, P = (As/6240) + .024
1970; Amdt. 25–91, 62 FR 40704, July 29, 1997] As = Maximum cross-sectional area of the
pressurized shell normal to the longitu-
§ 25.365 Pressurized compartment dinal axis, in square feet; and
loads. (3) The maximum opening caused by
For airplanes with one or more pres- airplane or equipment failures not
surized compartments the following shown to be extremely improbable.
apply: (f) In complying with paragraph (e) of
(a) The airplane structure must be this section, the fail-safe features of
strong enough to withstand the flight the design may be considered in deter-
loads combined with pressure differen- mining the probability of failure or
tial loads from zero up to the max- penetration and probable size of open-
imum relief valve setting. ings, provided that possible improper
(b) The external pressure distribution operation of closure devices and inad-
in flight, and stress concentrations and vertent door openings are also consid-
fatigue effects must be accounted for. ered. Furthermore, the resulting dif-
(c) If landings may be made with the ferential pressure loads must be com-
compartment pressurized, landing bined in a rational and conservative
loads must be combined with pressure manner with 1–g level flight loads and
differential loads from zero up to the any loads arising from emergency de-
maximum allowed during landing. pressurization conditions. These loads
(d) The airplane structure must be may be considered as ultimate condi-
designed to be able to withstand the tions; however, any deformations asso-
pressure differential loads cor- ciated with these conditions must not
responding to the maximum relief interfere with continued safe flight and
valve setting multiplied by a factor of landing. The pressure relief provided by
1.33 for airplanes to be approved for op- intercompartment venting may also be
eration to 45,000 feet or by a factor of considered.
1.67 for airplanes to be approved for op- (g) Bulkheads, floors, and partitions
lhorne on DSKJLZT7X2PROD with CFR

eration above 45,000 feet, omitting in pressurized compartments for occu-


other loads. pants must be designed to withstand

243

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00253 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.367 14 CFR Ch. I (1–1–22 Edition)

the conditions specified in paragraph § 25.371 Gyroscopic loads.


(e) of this section. In addition, reason-
The structure supporting any engine
able design precautions must be taken
or auxiliary power unit must be de-
to minimize the probability of parts
signed for the loads, including gyro-
becoming detached and injuring occu- scopic loads, arising from the condi-
pants while in their seats. tions specified in §§ 25.331, 25.341, 25.349,
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as 25.351, 25.473, 25.479, and 25.481, with the
amended by Amdt. 25–54, 45 FR 60172, Sept. engine or auxiliary power unit at the
11, 1980; Amdt. 25–71, 55 FR 13477, Apr. 10, maximum rotating speed appropriate
1990; Amdt. 25–72, 55 FR 29776, July 20, 1990; to the condition. For the purposes of
Amdt. 25–87, 61 FR 28695, June 5, 1996] compliance with this paragraph, the
pitch maneuver in § 25.331(c)(1) must be
§ 25.367 Unsymmetrical loads due to carried out until the positive limit ma-
engine failure.
neuvering load factor (point A2 in
(a) The airplane must be designed for § 25.333(b)) is reached.
the unsymmetrical loads resulting
[Amdt. 25–141, 79 FR 73468, Dec. 11, 2014]
from the failure of the critical engine.
Turbopropeller airplanes must be de- § 25.373 Speed control devices.
signed for the following conditions in
combination with a single malfunction If speed control devices (such as
of the propeller drag limiting system, spoilers and drag flaps) are installed
considering the probable pilot correc- for use in en route conditions—
tive action on the flight controls: (a) The airplane must be designed for
(1) At speeds between VMC and VD, the the symmetrical maneuvers prescribed
loads resulting from power failure be- in §§ 25.333 and 25.337, the yawing ma-
cause of fuel flow interruption are con- neuvers in § 25.351, and the vertical and
sidered to be limit loads. lateral gust and turbulence conditions
prescribed in § 25.341(a) and (b) at each
(2) At speeds between VMC and VC, the
setting and the maximum speed associ-
loads resulting from the disconnection
ated with that setting; and
of the engine compressor from the tur-
(b) If the device has automatic oper-
bine or from loss of the turbine blades
ating or load limiting features, the air-
are considered to be ultimate loads.
plane must be designed for the maneu-
(3) The time history of the thrust
ver and gust conditions prescribed in
decay and drag build-up occurring as a
paragraph (a) of this section, at the
result of the prescribed engine failures speeds and corresponding device posi-
must be substantiated by test or other tions that the mechanism allows.
data applicable to the particular en-
gine-propeller combination. [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
(4) The timing and magnitude of the amended by Amdt. 25–72, 55 FR 29776, July 20,
1990; Amdt. 25–86, 61 FR 5222, Feb. 9, 1996;
probable pilot corrective action must Amdt. 25–141, 79 FR 73468, Dec. 11, 2014]
be conservatively estimated, consid-
ering the characteristics of the par- CONTROL SURFACE AND SYSTEM LOADS
ticular engine-propeller-airplane com-
bination. § 25.391 Control surface loads: Gen-
(b) Pilot corrective action may be as- eral.
sumed to be initiated at the time max- The control surfaces must be de-
imum yawing velocity is reached, but signed for the limit loads resulting
not earlier than two seconds after the from the flight conditions in §§ 25.331,
engine failure. The magnitude of the 25.341(a) and (b), 25.349, and 25.351, con-
corrective action may be based on the sidering the requirements for—
control forces specified in § 25.397(b) ex- (a) Loads parallel to hinge line, in
cept that lower forces may be assumed § 25.393;
where it is shown by anaylsis or test (b) Pilot effort effects, in § 25.397;
that these forces can control the yaw (c) Trim tab effects, in § 25.407;
lhorne on DSKJLZT7X2PROD with CFR

and roll resulting from the prescribed (d) Unsymmetrical loads, in § 25.427;
engine failure conditions. and

244

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00254 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.405

(e) Auxiliary aerodynamic surfaces, imum values specified for the aileron
in § 25.445. and elevator may be used if control
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as surface hinge moments are based on re-
amended by Amdt. 25–86, 61 FR 5222, Feb. 9, liable data. In applying this criterion,
1996; Amdt. 25–141, 79 FR 73468, Dec. 11, 2014] the effects of servo mechanisms, tabs,
and automatic pilot systems, must be
§ 25.393 Loads parallel to hinge line. considered.
(a) Control surfaces and supporting (c) Limit pilot forces and torques. The
hinge brackets must be designed for in- limit pilot forces and torques are as
ertia loads acting parallel to the hinge follows:
line.
(b) In the absence of more rational Maximum Minimum
Control forces or forces or
data, the inertia loads may be assumed torques torques
to be equal to KW, where—
(1) K = 24 for vertical surfaces; Aileron:
(2) K = 12 for horizontal surfaces; and Stick .............................. 100 lbs ............ 40 lbs.
Wheel 1 .......................... 80 D in.-lbs 2 ... 40 D in.-lbs.
(3) W = weight of the movable sur-
Elevator:
faces. Stick .............................. 250 lbs ............ 100 lbs.
Wheel (symmetrical) ..... 300 lbs ............ 100 lbs.
§ 25.395 Control system. Wheel (unsymmetrical) 3 ......................... 100 lbs.
(a) Longitudinal, lateral, directional, Rudder .............................. 300 lbs ............ 130 lbs.
and drag control system and their sup- 1 The critical parts of the aileron control system must be de-

porting structures must be designed for signed for a single tangential force with a limit value equal to
1.25 times the couple force determined from these criteria.
loads corresponding to 125 percent of 2 D = wheel diameter (inches).
the computed hinge moments of the 3 The unsymmetrical forces must be applied at one of the

movable control surface in the condi- normal handgrip points on the periphery of the control wheel.
tions prescribed in § 25.391.
(b) The system limit loads of para- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
graph (a) of this section need not ex- amended by Amdt. 25–38, 41 FR 55466, Dec. 20,
1976; Amdt. 25–72, 55 FR 29776, July 20, 1990]
ceed the loads that can be produced by
the pilot (or pilots) and by automatic
§ 25.399 Dual control system.
or power devices operating the con-
trols. (a) Each dual control system must be
(c) The loads must not be less than designed for the pilots operating in op-
those resulting from application of the position, using individual pilot forces
minimum forces prescribed in not less than—
§ 25.397(c). (1) 0.75 times those obtained under
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as § 25.395; or
amended by Amdt. 25–23, 35 FR 5672, Apr. 8, (2) The minimum forces specified in
1970; Amdt. 25–72, 55 FR 29776, July 20, 1990; § 25.397(c).
Amdt. 25–141, 79 FR 73468, Dec. 11, 2014]
(b) The control system must be de-
§ 25.397 Control system loads. signed for pilot forces applied in the
same direction, using individual pilot
(a) General. The maximum and min-
forces not less than 0.75 times those ob-
imum pilot forces, specified in para-
tained under § 25.395.
graph (c) of this section, are assumed
to act at the appropriate control grips § 25.405 Secondary control system.
or pads (in a manner simulating flight
conditions) and to be reacted at the at- Secondary controls, such as wheel
tachment of the control system to the brake, spoiler, and tab controls, must
control surface horn. be designed for the maximum forces
(b) Pilot effort effects. In the control that a pilot is likely to apply to those
surface flight loading condition, the air controls. The following values may be
loads on movable surfaces and the cor- used:
responding deflections need not exceed
those that would result in flight from
the application of any pilot force with-
lhorne on DSKJLZT7X2PROD with CFR

in the ranges specified in paragraph (c)


of this section. Two-thirds of the max-

245

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00255 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.407 14 CFR Ch. I (1–1–22 Edition)

PILOT CONTROL FORCE LIMITS (SECONDARY loads generated when the airplane is
CONTROLS) subjected to a horizontal 65-knot
ground gust from any direction while
Control Limit pilot forces
taxiing and while parked. For airplanes
Miscellaneous: equipped with control system gust
*Crank, wheel, or lever .. ((1 + R) / 3) × 50 lbs., but not locks, the taxiing condition must be
less than 50 lbs. nor more evaluated with the controls locked and
than 150 lbs. (R = radius).
(Applicable to any angle with- unlocked, and the parked condition
in 20° of plane of control). must be evaluated with the controls
Twist ............................... 133 in.–lbs. locked.
Push-pull ........................ To be chosen by applicant.
(b) The control system and surface
*Limited to flap, tab, stabilizer, spoiler, and landing gear op- loads due to ground gust may be as-
eration controls.
sumed to be static loads, and the hinge
§ 25.407 Trim tab effects. moments H must be computed from the
formula:
The effects of trim tabs on the con- H = K (1/2) ro V2 c S
trol surface design conditions must be
accounted for only where the surface Where—
loads are limited by maximum pilot ef- K = hinge moment factor for ground gusts
fort. In these cases, the tabs are con- derived in paragraph (c) of this section;
sidered to be deflected in the direction ro = density of air at sea level;
that would assist the pilot, and the de- V = 65 knots relative to the aircraft;
flections are— S = area of the control surface aft of the
hinge line;
(a) For elevator trim tabs, those re-
c = mean aerodynamic chord of the control
quired to trim the airplane at any surface aft of the hinge line.
point within the positive portion of the
pertinent flight envelope in § 25.333(b), (c) The hinge moment factor K for
except as limited by the stops; and ground gusts must be taken from the
(b) For aileron and rudder trim tabs, following table:
those required to trim the airplane in Position of
the critical unsymmetrical power and Surface K controls
loading conditions, with appropriate
(1) Aileron .................... 0.75 Control column locked
allowance for rigging tolerances. or lashed in mid-po-
sition.
§ 25.409 Tabs. (2) Aileron .................... * ±0.50 Ailerons at full throw.
(3) Elevator .................. * ±0.75 Elevator full down.
(a) Trim tabs. Trim tabs must be de-
(4) Elevator .................. * ±0.75 Elevator full up.
signed to withstand loads arising from (5) Rudder .................... 0.75 Rudder in neutral.
all likely combinations of tab setting, (6) Rudder .................... 0.75 Rudder at full throw.
primary control position, and airplane * A positive value of K indicates a moment tending to de-
speed (obtainable without exceeding press the surface, while a negative value of K indicates a mo-
ment tending to raise the surface.
the flight load conditions prescribed
for the airplane as a whole), when the (d) The computed hinge moment of
effect of the tab is opposed by pilot ef- paragraph (b) of this section must be
fort forces up to those specified in used to determine the limit loads due
§ 25.397(b). to ground gust conditions for the con-
(b) Balancing tabs. Balancing tabs trol surface. A 1.25 factor on the com-
must be designed for deflections con- puted hinge moments must be used in
sistent with the primary control sur- calculating limit control system loads.
face loading conditions. (e) Where control system flexibility
(c) Servo tabs. Servo tabs must be de- is such that the rate of load applica-
signed for deflections consistent with tion in the ground gust conditions
the primary control surface loading might produce transient stresses appre-
conditions obtainable within the pilot ciably higher than those corresponding
maneuvering effort, considering pos- to static loads, in the absence of a ra-
sible opposition from the trim tabs. tional analysis substantiating a dif-
ferent dynamic factor, an additional
§ 25.415 Ground gust conditions. factor of 1.6 must be applied to the con-
lhorne on DSKJLZT7X2PROD with CFR

(a) The flight control systems and trol system loads of paragraph (d) of
surfaces must be designed for the limit this section to obtain limit loads. If a

246

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00256 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.457

rational analysis is used, the addi- (1) 100 percent of the maximum load-
tional factor must not be less than 1.2. ing from the symmetrical maneuver
(f) For the condition of the control conditions of § 25.331 and the vertical
locks engaged, the control surfaces, the gust conditions of § 25.341(a) acting sep-
control system locks, and the parts of arately on the surface on one side of
any control systems between the sur- the plane of symmetry; and
faces and the locks must be designed to (2) 80 percent of these loadings acting
the resultant limit loads. Where con- on the other side.
trol locks are not provided, then the (c) For empennage arrangements
control surfaces, the control system where the horizontal tail surfaces have
stops nearest the surfaces, and the dihedral angles greater than plus or
parts of any control systems between minus 10 degrees, or are supported by
the surfaces and the stops must be de- the vertical tail surfaces, the surfaces
signed to the resultant limit loads. If and the supporting structure must be
the control system design is such as to designed for gust velocities specified in
allow any part of the control system to § 25.341(a) acting in any orientation at
impact with the stops due to flexi- right angles to the flight path.
bility, then the resultant impact loads (d) Unsymmetrical loading on the
must be taken into account in deriving empennage arising from buffet condi-
the limit loads due to ground gust. tions of § 25.305(e) must be taken into
(g) For the condition of taxiing with account.
the control locks disengaged, or where [Doc. No. 27902, 61 FR 5222, Feb. 9, 1996]
control locks are not provided, the fol-
lowing apply: § 25.445 Auxiliary aerodynamic sur-
(1) The control surfaces, the control faces.
system stops nearest the surfaces, and (a) When significant, the aero-
the parts of any control systems be- dynamic influence between auxiliary
tween the surfaces and the stops must aerodynamic surfaces, such as out-
be designed to the resultant limit board fins and winglets, and their sup-
loads. porting aerodynamic surfaces, must be
(2) The parts of the control systems taken into account for all loading con-
between the stops nearest the surfaces ditions including pitch, roll, and yaw
and the flight deck controls must be maneuvers, and gusts as specified in
designed to the resultant limit loads, § 25.341(a) acting at any orientation at
except that the parts of the control right angles to the flight path.
system where loads are eventually re- (b) To provide for unsymmetrical
acted by the pilot need not exceed: loading when outboard fins extend
(i) The loads corresponding to the above and below the horizontal surface,
maximum pilot loads in § 25.397(c) for the critical vertical surface loading
each pilot alone; or (load per unit area) determined under
(ii) 0.75 times these maximum loads § 25.391 must also be applied as follows:
for each pilot when the pilot forces are (1) 100 percent to the area of the
applied in the same direction. vertical surfaces above (or below) the
[Amdt. 25–141, 79 FR 73468, Dec. 11, 2014] horizontal surface.
(2) 80 percent to the area below (or
§ 25.427 Unsymmetrical loads. above) the horizontal surface.
(a) In designing the airplane for lat- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
eral gust, yaw maneuver and roll ma- amended by Amdt. 25–86, 61 FR 5222, Feb. 9,
neuver conditions, account must be 1996]
taken of unsymmetrical loads on the
empennage arising from effects such as § 25.457 Wing flaps.
slipstream and aerodynamic inter- Wing flaps, their operating mecha-
ference with the wing, vertical fin and nisms, and their supporting structures
other aerodynamic surfaces. must be designed for critical loads oc-
(b) The horizontal tail must be as- curring in the conditions prescribed in
sumed to be subjected to unsymmet- § 25.345, accounting for the loads occur-
lhorne on DSKJLZT7X2PROD with CFR

rical loading conditions determined as ring during transition from one flap po-
follows: sition and airspeed to another.

247

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00257 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.459 14 CFR Ch. I (1–1–22 Edition)

§ 25.459 Special devices. § 25.473 Landing load conditions and


assumptions.
The loading for special devices using
aerodynamic surfaces (such as slots, (a) For the landing conditions speci-
slats and spoilers) must be determined fied in § 25.479 to § 25.485 the airplane is
from test data. assumed to contact the ground—
(1) In the attitudes defined in § 25.479
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as and § 25.481;
amended by Amdt. 25–72, 55 FR 29776, July 20, (2) With a limit descent velocity of 10
1990] fps at the design landing weight (the
maximum weight for landing condi-
GROUND LOADS tions at maximum descent velocity);
and
§ 25.471 General. (3) With a limit descent velocity of 6
(a) Loads and equilibrium. For limit fps at the design take-off weight (the
ground loads— maximum weight for landing condi-
(1) Limit ground loads obtained tions at a reduced descent velocity).
under this subpart are considered to be (4) The prescribed descent velocities
external forces applied to the airplane may be modified if it is shown that the
structure; and airplane has design features that make
(2) In each specified ground load con- it impossible to develop these veloci-
dition, the external loads must be ties.
placed in equilibrium with the linear (b) Airplane lift, not exceeding air-
plane weight, may be assumed unless
and angular inertia loads in a rational
the presence of systems or procedures
or conservative manner.
significantly affects the lift.
(b) Critical centers of gravity. The crit- (c) The method of analysis of air-
ical centers of gravity within the range plane and landing gear loads must take
for which certification is requested into account at least the following ele-
must be selected so that the maximum ments:
design loads are obtained in each land- (1) Landing gear dynamic character-
ing gear element. Fore and aft, istics.
vertical, and lateral airplane centers of (2) Spin-up and springback.
gravity must be considered. Lateral (3) Rigid body response.
displacements of the c.g. from the air- (4) Structural dynamic response of
plane centerline which would result in the airframe, if significant.
main gear loads not greater than 103 (d) The landing gear dynamic charac-
percent of the critical design load for teristics must be validated by tests as
symmetrical loading conditions may be defined in § 25.723(a).
selected without considering the ef- (e) The coefficient of friction between
fects of these lateral c.g. displacements the tires and the ground may be estab-
on the loading of the main gear ele- lished by considering the effects of
ments, or on the airplane structure skidding velocity and tire pressure.
provided— However, this coefficient of friction
(1) The lateral displacement of the need not be more than 0.8.
c.g. results from random passenger or [Amdt. 25–91, 62 FR 40705, July 29, 1997; Amdt.
cargo disposition within the fuselage or 25–91, 62 FR 45481, Aug. 27, 1997; Amdt. 25–103,
from random unsymmetrical fuel load- 66 FR 27394, May 16, 2001]
ing or fuel usage; and
§ 25.477 Landing gear arrangement.
(2) Appropriate loading instructions
for random disposable loads are in- Sections 25.479 through 25.485 apply
cluded under the provisions of to airplanes with conventional ar-
§ 25.1583(c)(1) to ensure that the lateral rangements of main and nose gears, or
displacement of the center of gravity is main and tail gears, when normal oper-
maintained within these limits. ating techniques are used.
(c) Landing gear dimension data. Fig- § 25.479 Level landing conditions.
ure 1 of appendix A contains the basic
(a) In the level attitude, the airplane
lhorne on DSKJLZT7X2PROD with CFR

landing gear dimension data.


is assumed to contact the ground at
[Amdt. 25–23, 35 FR 5673, Apr. 8, 1970] forward velocity components, ranging

248

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00258 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.483

from VL1 to 1.25 VL2 parallel to the (ii) The shock absorber and tire de-
ground under the conditions prescribed flections must be assumed to be 75% of
in § 25.473 with— the deflection corresponding to the
(1) VL1 equal to VS0 (TAS) at the ap- maximum ground reaction of
propriate landing weight and in stand- § 25.473(a)(2). This load case need not be
ard sea level conditions; and considered in combination with flat
(2) VL2 equal to VS0 (TAS) at the ap- tires.
propriate landing weight and altitudes (3) The combination of vertical and
in a hot day temperature of 41 degrees drag components is considered to be
F. above standard. acting at the wheel axle centerline.
(3) The effects of increased contact
[Amdt. 25–91, 62 FR 40705, July 29, 1997; Amdt.
speed must be investigated if approval 25–91, 62 FR 45481, Aug. 27, 1997]
of downwind landings exceeding 10
knots is requested. § 25.481 Tail-down landing conditions.
(b) For the level landing attitude for
(a) In the tail-down attitude, the air-
airplanes with tail wheels, the condi-
plane is assumed to contact the ground
tions specified in this section must be
at forward velocity components, rang-
investigated with the airplane hori-
ing from VL1 to VL2 parallel to the
zontal reference line horizontal in ac-
ground under the conditions prescribed
cordance with Figure 2 of Appendix A
in § 25.473 with—
of this part.
(1) VL1 equal to VS0 (TAS) at the ap-
(c) For the level landing attitude for
propriate landing weight and in stand-
airplanes with nose wheels, shown in
ard sea level conditions; and
Figure 2 of Appendix A of this part, the
conditions specified in this section (2) VL2 equal to VS0 (TAS) at the ap-
must be investigated assuming the fol- propriate landing weight and altitudes
lowing attitudes: in a hot day temperature of 41 degrees
(1) An attitude in which the main F. above standard.
wheels are assumed to contact the (3) The combination of vertical and
ground with the nose wheel just clear drag components considered to be act-
of the ground; and ing at the main wheel axle centerline.
(2) If reasonably attainable at the (b) For the tail-down landing condi-
specified descent and forward veloci- tion for airplanes with tail wheels, the
ties, an attitude in which the nose and main and tail wheels are assumed to
main wheels are assumed to contact contact the ground simultaneously, in
the ground simultaneously. accordance with figure 3 of appendix A.
(d) In addition to the loading condi- Ground reaction conditions on the tail
tions prescribed in paragraph (a) of this wheel are assumed to act—
section, but with maximum vertical (1) Vertically; and
ground reactions calculated from para- (2) Up and aft through the axle at 45
graph (a), the following apply: degrees to the ground line.
(1) The landing gear and directly af- (c) For the tail-down landing condi-
fected attaching structure must be de- tion for airplanes with nose wheels, the
signed for the maximum vertical airplane is assumed to be at an atti-
ground reaction combined with an aft tude corresponding to either the stall-
acting drag component of not less than ing angle or the maximum angle allow-
25% of this maximum vertical ground ing clearance with the ground by each
reaction. part of the airplane other than the
(2) The most severe combination of main wheels, in accordance with figure
loads that are likely to arise during a 3 of appendix A, whichever is less.
lateral drift landing must be taken [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
into account. In absence of a more ra- amended by Amdt. 25–91, 62 FR 40705, July 29,
tional analysis of this condition, the 1997; Amdt. 25–94, 63 FR 8848, Feb. 23, 1998]
following must be investigated:
(i) A vertical load equal to 75% of the § 25.483 One-gear landing conditions.
maximum ground reaction of § 25.473 For the one-gear landing conditions,
must be considered in combination the airplane is assumed to be in the
lhorne on DSKJLZT7X2PROD with CFR

with a drag and side load of 40% and level attitude and to contact the
25% respectively of that vertical load. ground on one main landing gear, in

249

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00259 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.485 14 CFR Ch. I (1–1–22 Edition)

accordance with Figure 4 of Appendix maximum weight for ground handling


A of this part. In this attitude— conditions). No wing lift may be con-
(a) The ground reactions must be the sidered. The shock absorbers and tires
same as those obtained on that side may be assumed to be in their static
under § 25.479(d)(1), and position.
(b) Each unbalanced external load
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
must be reacted by airplane inertia in amended by Amdt. 25–23, 35 FR 5673, Apr. 8,
a rational or conservative manner. 1970]
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–91, 62 FR 40705, July 29, § 25.491 Taxi, takeoff and landing roll.
1997] Within the range of appropriate
§ 25.485 Side load conditions. ground speeds and approved weights,
the airplane structure and landing gear
In addition to § 25.479(d)(2) the fol- are assumed to be subjected to loads
lowing conditions must be considered: not less than those obtained when the
(a) For the side load condition, the aircraft is operating over the roughest
airplane is assumed to be in the level ground that may reasonably be ex-
attitude with only the main wheels pected in normal operation.
contacting the ground, in accordance
with figure 5 of appendix A. [Amdt. 25–91, 62 FR 40705, July 29, 1997]
(b) Side loads of 0.8 of the vertical re-
action (on one side) acting inward and § 25.493 Braked roll conditions.
0.6 of the vertical reaction (on the (a) An airplane with a tail wheel is
other side) acting outward must be assumed to be in the level attitude
combined with one-half of the max- with the load on the main wheels, in
imum vertical ground reactions ob- accordance with figure 6 of appendix A.
tained in the level landing conditions. The limit vertical load factor is 1.2 at
These loads are assumed to be applied the design landing weight and 1.0 at
at the ground contact point and to be the design ramp weight. A drag reac-
resisted by the inertia of the airplane. tion equal to the vertical reaction mul-
The drag loads may be assumed to be tiplied by a coefficient of friction of
zero. 0.8, must be combined with the vertical
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as ground reaction and applied at the
amended by Amdt. 25–91, 62 FR 40705, July 29, ground contact point.
1997] (b) For an airplane with a nose wheel
the limit vertical load factor is 1.2 at
§ 25.487 Rebound landing condition. the design landing weight, and 1.0 at
(a) The landing gear and its sup- the design ramp weight. A drag reac-
porting structure must be investigated tion equal to the vertical reaction,
for the loads occurring during rebound multiplied by a coefficient of friction
of the airplane from the landing sur- of 0.8, must be combined with the
face. vertical reaction and applied at the
(b) With the landing gear fully ex- ground contact point of each wheel
tended and not in contact with the with brakes. The following two atti-
ground, a load factor of 20.0 must act tudes, in accordance with figure 6 of
on the unsprung weights of the landing appendix A, must be considered:
gear. This load factor must act in the (1) The level attitude with the wheels
direction of motion of the unsprung contacting the ground and the loads
weights as they reach their limiting distributed between the main and nose
positions in extending with relation to gear. Zero pitching acceleration is as-
the sprung parts of the landing gear. sumed.
(2) The level attitude with only the
§ 25.489 Ground handling conditions. main gear contacting the ground and
Unless otherwise prescribed, the with the pitching moment resisted by
landing gear and airplane structure angular acceleration.
must be investigated for the conditions (c) A drag reaction lower than that
lhorne on DSKJLZT7X2PROD with CFR

in §§ 25.491 through 25.509 with the air- prescribed in this section may be used
plane at the design ramp weight (the if it is substantiated that an effective

250

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00260 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.499

drag force of 0.8 times the vertical re- § 25.495 Turning.


action cannot be attained under any In the static position, in accordance
likely loading condition. with figure 7 of appendix A, the air-
(d) An airplane equipped with a nose plane is assumed to execute a steady
gear must be designed to withstand the turn by nose gear steering, or by appli-
loads arising from the dynamic pitch- cation of sufficient differential power,
ing motion of the airplane due to sud- so that the limit load factors applied at
den application of maximum braking the center of gravity are 1.0 vertically
force. The airplane is considered to be and 0.5 laterally. The side ground reac-
at design takeoff weight with the nose tion of each wheel must be 0.5 of the
and main gears in contact with the vertical reaction.
ground, and with a steady-state
§ 25.497 Tail-wheel yawing.
vertical load factor of 1.0. The steady-
state nose gear reaction must be com- (a) A vertical ground reaction equal
bined with the maximum incremental to the static load on the tail wheel, in
nose gear vertical reaction caused by combination with a side component of
the sudden application of maximum equal magnitude, is assumed.
braking force as described in para- (b) If there is a swivel, the tail wheel
is assumed to be swiveled 90° to the air-
graphs (b) and (c) of this section.
plane longitudinal axis with the result-
(e) In the absence of a more rational ant load passing through the axle.
analysis, the nose gear vertical reac- (c) If there is a lock, steering device,
tion prescribed in paragraph (d) of this or shimmy damper the tail wheel is
section must be calculated according also assumed to be in the trailing posi-
to the following formula: tion with the side load acting at the
ground contact point.
WT ⎡ fμAE ⎤
VN = ⎢B + ⎥ § 25.499 Nose-wheel yaw and steering.
A+B⎣ A + B + μE ⎦ (a) A vertical load factor of 1.0 at the
Where: airplane center of gravity, and a side
VN = Nose gear vertical reaction. component at the nose wheel ground
WT = Design takeoff weight. contact equal to 0.8 of the vertical
A = Horizontal distance between the c.g. of ground reaction at that point are as-
the airplane and the nose wheel. sumed.
B = Horizontal distance between the c.g. of (b) With the airplane assumed to be
the airplane and the line joining the cen- in static equilibrium with the loads re-
ters of the main wheels. sulting from the use of brakes on one
E = Vertical height of the c.g. of the airplane side of the main landing gear, the nose
above the ground in the 1.0 g static con- gear, its attaching structure, and the
dition. fuselage structure forward of the cen-
μ = Coefficient of friction of 0.80. ter of gravity must be designed for the
f = Dynamic response factor; 2.0 is to be used following loads:
unless a lower factor is substantiated. In (1) A vertical load factor at the cen-
the absence of other information, the dy- ter of gravity of 1.0.
namic response factor f may be defined (2) A forward acting load at the air-
by the equation:
plane center of gravity of 0.8 times the
vertical load on one main gear.
⎛ −πξ ⎞ (3) Side and vertical loads at the
f = 1 + exp⎜ ⎟ ground contact point on the nose gear
⎜ 1− ξ2 ⎟
⎝ ⎠ that are required for static equi-
librium.
Where: (4) A side load factor at the airplane
x is the effective critical damping ratio of center of gravity of zero.
the rigid body pitching mode about the (c) If the loads prescribed in para-
main landing gear effective ground con- graph (b) of this section result in a
tact point. nose gear side load higher than 0.8
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as times the vertical nose gear load, the
ER27MY98.018</GPH>
lhorne on DSKJLZT7X2PROD with CFR

amended by Amdt. 25–23, 35 FR 5673, Apr. 8, design nose gear side load may be lim-
1970; Amdt. 25–97, 63 FR 29072, May 27, 1998] ited to 0.8 times the vertical load, with

251
ER27MY98.017</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00261 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.503 14 CFR Ch. I (1–1–22 Edition)

unbalanced yawing moments assumed (c) For airplanes with tail wheels, the
to be resisted by airplane inertia resultant of the ground reactions must
forces. pass through the center of gravity of
(d) For other than the nose gear, its the airplane.
attaching structure, and the forward
fuselage structure, the loading condi- § 25.509 Towing loads.
tions are those prescribed in paragraph (a) The towing loads specified in
(b) of this section, except that— paragraph (d) of this section must be
(1) A lower drag reaction may be used considered separately. These loads
if an effective drag force of 0.8 times must be applied at the towing fittings
the vertical reaction cannot be reached and must act parallel to the ground. In
under any likely loading condition; and addition—
(2) The forward acting load at the (1) A vertical load factor equal to 1.0
center of gravity need not exceed the must be considered acting at the center
maximum drag reaction on one main of gravity;
gear, determined in accordance with (2) The shock struts and tires must
§ 25.493(b). be in their static positions; and
(e) With the airplane at design ramp (3) With WT as the design ramp
weight, and the nose gear in any steer- weight, the towing load, FTOW, is—
able position, the combined application (i) 0.3 WT for WT less than 30,000
of full normal steering torque and pounds;
vertical force equal to 1.33 times the (ii) (6WT + 450,000)/70 for WT between
maximum static reaction on the nose 30,000 and 100,000 pounds; and
gear must be considered in designing (iii) 0.15 WT for WT over 100,000
the nose gear, its attaching structure, pounds.
and the forward fuselage structure. (b) For towing points not on the
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as landing gear but near the plane of sym-
amended by Amdt. 25–23, 35 FR 5673, Apr. 8, metry of the airplane, the drag and
1970; Amdt. 25–46, 43 FR 50595, Oct. 30, 1978; side tow load components specified for
Amdt. 25–91, 62 FR 40705, July 29, 1997] the auxiliary gear apply. For towing
points located outboard of the main
§ 25.503 Pivoting. gear, the drag and side tow load compo-
(a) The airplane is assumed to pivot nents specified for the main gear apply.
about one side of the main gear with Where the specified angle of swivel
the brakes on that side locked. The cannot be reached, the maximum ob-
limit vertical load factor must be 1.0 tainable angle must be used.
and the coefficient of friction 0.8. (c) The towing loads specified in
(b) The airplane is assumed to be in paragraph (d) of this section must be
static equilibrium, with the loads being reacted as follows:
applied at the ground contact points, (1) The side component of the towing
in accordance with figure 8 of appendix load at the main gear must be reacted
A. by a side force at the static ground line
of the wheel to which the load is ap-
§ 25.507 Reversed braking. plied.
(a) The airplane must be in a three (2) The towing loads at the auxiliary
point static ground attitude. Hori- gear and the drag components of the
zontal reactions parallel to the ground towing loads at the main gear must be
and directed forward must be applied reacted as follows:
at the ground contact point of each (i) A reaction with a maximum value
wheel with brakes. The limit loads equal to the vertical reaction must be
must be equal to 0.55 times the vertical applied at the axle of the wheel to
load at each wheel or to the load devel- which the load is applied. Enough air-
oped by 1.2 times the nominal max- plane inertia to achieve equilibrium
imum static brake torque, whichever is must be applied.
less. (ii) The loads must be reacted by air-
(b) For airplanes with nose wheels, plane inertia.
the pitching moment must be balanced (d) The prescribed towing loads are as
lhorne on DSKJLZT7X2PROD with CFR

by rotational inertia. follows:

252

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00262 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.511

Load
Tow point Position
Magnitude No. Direction

Main gear ............................... ................................................ 0.75 FTOW per main 1 Forward, parallel to drag axis.
gear unit. 2 Forward, at 30° to drag axis.
3 Aft, parallel to drag axis.
4 Aft, at 30° to drag axis.
Auxiliary gear ......................... Swiveled forward .................... 1.0 FTOW ................... 5 Forward.
6 Aft.
Swiveled aft ............................ ......do ....................... 7 Forward.
8 Aft.
Swiveled 45° from forward ..... 0.5 FTOW ................... 9 Forward, in plane of wheel.
10 Aft, in plane of wheel.
Swiveled 45° from aft ............. ......do ....................... 11 Forward, in plane of wheel.
12 Aft, in plane of wheel.

[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as amended by Amdt. 25–23, 35 FR 5673, Apr. 8, 1970]

§ 25.511 Ground load: unsymmetrical (3) Any unequal tire inflation pres-
loads on multiple-wheel units. sure, assuming the maximum variation
(a) General. Multiple-wheel landing to be ±5 percent of the nominal tire in-
gear units are assumed to be subjected flation pressure.
to the limit ground loads prescribed in (4) A runway crown of zero and a run-
this subpart under paragraphs (b) way crown having a convex upward
through (f) of this section. In addi- shape that may be approximated by a
tion— slope of 11⁄2 percent with the hori-
(1) A tandem strut gear arrangement zontal. Runway crown effects must be
is a multiple-wheel unit; and considered with the nose gear unit on
(2) In determining the total load on a either slope of the crown.
gear unit with respect to the provisions (5) The airplane attitude.
of paragraphs (b) through (f) of this (6) Any structural deflections.
section, the transverse shift in the load (c) Deflated tires. The effect of de-
centroid, due to unsymmetrical load flated tires on the structure must be
distribution on the wheels, may be ne- considered with respect to the loading
glected. conditions specified in paragraphs (d)
(b) Distribution of limit loads to wheels; through (f) of this section, taking into
tires inflated. The distribution of the account the physical arrangement of
limit loads among the wheels of the the gear components. In addition—
landing gear must be established for (1) The deflation of any one tire for
each landing, taxiing, and ground han- each multiple wheel landing gear unit,
dling condition, taking into account and the deflation of any two critical
the effects of the following factors: tires for each landing gear unit using
(1) The number of wheels and their four or more wheels per unit, must be
physical arrangements. For truck type considered; and
landing gear units, the effects of any (2) The ground reactions must be ap-
seesaw motion of the truck during the plied to the wheels with inflated tires
landing impact must be considered in except that, for multiple-wheel gear
determining the maximum design loads units with more than one shock strut,
for the fore and aft wheel pairs. a rational distribution of the ground
(2) Any differentials in tire diameters reactions between the deflated and in-
resulting from a combination of manu- flated tires, accounting for the dif-
facturing tolerances, tire growth, and ferences in shock strut extensions re-
tire wear. A maximum tire-diameter sulting from a deflated tire, may be
differential equal to 2⁄3 of the most un- used.
favorable combination of diameter (d) Landing conditions. For one and
variations that is obtained when tak- for two deflated tires, the applied load
ing into account manufacturing toler- to each gear unit is assumed to be 60
lhorne on DSKJLZT7X2PROD with CFR

ances, tire growth, and tire wear, may percent and 50 percent, respectively, of
be assumed. the limit load applied to each gear for

253

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00263 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.519 14 CFR Ch. I (1–1–22 Edition)

each of the prescribed landing condi- (2) For jacking by other airplane
tions. However, for the drift landing structure at maximum approved jack-
condition of § 25.485, 100 percent of the ing weight:
vertical load must be applied. (i) The airplane structure must be de-
(e) Taxiing and ground handling condi- signed for a vertical load of 1.33 times
tions. For one and for two deflated the vertical reaction at each jacking
tires— point acting singly and in combination
(1) The applied side or drag load fac- with a horizontal load of 0.33 times the
tor, or both factors, at the center of vertical static reaction applied in any
gravity must be the most critical value direction.
up to 50 percent and 40 percent, respec- (ii) The jacking pads and local struc-
tively, of the limit side or drag load ture must be designed for a vertical
factors, or both factors, corresponding load of 2.0 times the vertical static re-
to the most severe condition resulting action at each jacking point, acting
from consideration of the prescribed singly and in combination with a hori-
taxiing and ground handling condi- zontal load of 0.33 times the vertical
tions; static reaction applied in any direc-
(2) For the braked roll conditions of tion.
§ 25.493 (a) and (b)(2), the drag loads on (c) Tie-down. If tie-down points are
each inflated tire may not be less than provided, the main tie-down points and
those at each tire for the symmetrical local structure must withstand the
load distribution with no deflated tires; limit loads resulting from a 65-knot
(3) The vertical load factor at the horizontal wind from any direction.
center of gravity must be 60 percent [Doc. No. 26129, 59 FR 22102, Apr. 28, 1994]
and 50 percent, respectively, of the fac-
tor with no deflated tires, except that WATER LOADS
it may not be less than 1g; and
(4) Pivoting need not be considered. § 25.521 General.
(f) Towing conditions. For one and for (a) Seaplanes must be designed for
two deflated tires, the towing load, the water loads developed during take-
FTOW, must be 60 percent and 50 percent, off and landing, with the seaplane in
respectively, of the load prescribed. any attitude likely to occur in normal
operation, and at the appropriate for-
§ 25.519 Jacking and tie-down provi- ward and sinking velocities under the
sions. most severe sea conditions likely to be
(a) General. The airplane must be de- encountered.
signed to withstand the limit load con- (b) Unless a more rational analysis of
ditions resulting from the static the water loads is made, or the stand-
ground load conditions of paragraph (b) ards in ANC–3 are used, §§ 25.523
of this section and, if applicable, para- through 25.537 apply.
graph (c) of this section at the most (c) The requirements of this section
critical combinations of airplane and §§ 25.523 through 25.537 apply also to
weight and center of gravity. The max- amphibians.
imum allowable load at each jack pad
must be specified. § 25.523 Design weights and center of
(b) Jacking. The airplane must have gravity positions.
provisions for jacking and must with- (a) Design weights. The water load re-
stand the following limit loads when quirements must be met at each oper-
the airplane is supported on jacks— ating weight up to the design landing
(1) For jacking by the landing gear at weight except that, for the takeoff con-
the maximum ramp weight of the air- dition prescribed in § 25.531, the design
plane, the airplane structure must be water takeoff weight (the maximum
designed for a vertical load of 1.33 weight for water taxi and takeoff run)
times the vertical static reaction at must be used.
each jacking point acting singly and in (b) Center of gravity positions. The
combination with a horizontal load of critical centers of gravity within the
lhorne on DSKJLZT7X2PROD with CFR

0.33 times the vertical static reaction limits for which certification is re-
applied in any direction. quested must be considered to reach

254

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00264 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.529

maximum design loads for each part of (3) VS0 = seaplane stalling speed in
the seaplane structure. knots with flaps extended in the appro-
priate landing position and with no
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–23, 35 FR 5673, Apr. 8, slipstream effect.
1970] (4) b = angle of dead rise at the longi-
tudinal station at which the load fac-
§ 25.525 Application of loads. tor is being determined in accordance
with figure 1 of appendix B.
(a) Unless otherwise prescribed, the
(5) W= seaplane design landing
seaplane as a whole is assumed to be
weight in pounds.
subjected to the loads corresponding to
(6) K1 = empirical hull station weigh-
the load factors specified in § 25.527.
ing factor, in accordance with figure 2
(b) In applying the loads resulting
of appendix B.
from the load factors prescribed in (7) rx = ratio of distance, measured
§ 25.527, the loads may be distributed parallel to hull reference axis, from the
over the hull or main float bottom (in center of gravity of the seaplane to the
order to avoid excessive local shear hull longitudinal station at which the
loads and bending moments at the lo- load factor is being computed to the ra-
cation of water load application) using dius of gyration in pitch of the sea-
pressures not less than those pre- plane, the hull reference axis being a
scribed in § 25.533(b). straight line, in the plane of sym-
(c) For twin float seaplanes, each metry, tangential to the keel at the
float must be treated as an equivalent main step.
hull on a fictitious seaplane with a (c) For a twin float seaplane, because
weight equal to one-half the weight of of the effect of flexibility of the attach-
the twin float seaplane. ment of the floats to the seaplane, the
(d) Except in the takeoff condition of factor K1 may be reduced at the bow
§ 25.531, the aerodynamic lift on the and stern to 0.8 of the value shown in
seaplane during the impact is assumed figure 2 of appendix B. This reduction
to be 2⁄3 of the weight of the seaplane. applies only to the design of the carry-
through and seaplane structure.
§ 25.527 Hull and main float load fac-
tors. [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–23, 35 FR 5673, Apr. 8,
(a) Water reaction load factors nW
1970]
must be computed in the following
manner: § 25.529 Hull and main float landing
(1) For the step landing case conditions.
(a) Symmetrical step, bow, and stern
C1VS 0 2 landing. For symmetrical step, bow,
nw =
⎛ Tan 23 β ⎞ W 13 and stern landings, the limit water re-
action load factors are those computed
⎝ ⎠ under § 25.527. In addition—
(2) For the bow and stern landing (1) For symmetrical step landings,
cases the resultant water load must be ap-
plied at the keel, through the center of
C1VS 0 2 K1 gravity, and must be directed per-
nw = 1 × 2 pendicularly to the keel line;
⎛ Tan 23 β ⎞ W
( )
3 3 (2) For symmetrical bow landings,
⎝ ⎠ 1 + rx 2 the resultant water load must be ap-
plied at the keel, one-fifth of the longi-
(b) The following values are used: tudinal distance from the bow to the
(1) nW = water reaction load factor step, and must be directed perpendicu-
(that is, the water reaction divided by larly to the keel line; and
seaplane weight). (3) For symmetrical stern landings,
(2) C1 = empirical seaplane operations the resultant water load must be ap-
factor equal to 0.012 (except that this plied at the keel, at a point 85 percent
EC28SE91.037</MATH>

factor may not be less than that nec- of the longitudinal distance from the
lhorne on DSKJLZT7X2PROD with CFR

essary to obtain the minimum value of step to the stern post, and must be di-
step load factor of 2.33). rected perpendicularly to the keel line.

255
EC28SE91.036</MATH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00265 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.531 14 CFR Ch. I (1–1–22 Edition)

(b) Unsymmetrical landing for hull and W = design water takeoff weight in pounds.
single float seaplanes. Unsymmetrical [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
step, bow, and stern landing conditions amended by Amdt. 25–23, 35 FR 5673, Apr. 8,
must be investigated. In addition— 1970]
(1) The loading for each condition
consists of an upward component and a § 25.533 Hull and main float bottom
pressures.
side component equal, respectively, to
0.75 and 0.25 tan b times the resultant (a) General. The hull and main float
load in the corresponding symmetrical structure, including frames and bulk-
landing condition; and heads, stringers, and bottom plating,
(2) The point of application and di- must be designed under this section.
rection of the upward component of the (b) Local pressures. For the design of
the bottom plating and stringers and
load is the same as that in the sym-
their attachments to the supporting
metrical condition, and the point of ap-
structure, the following pressure dis-
plication of the side component is at
tributions must be applied:
the same longitudinal station as the
(1) For an unflared bottom, the pres-
upward component but is directed in- sure at the chine is 0.75 times the pres-
ward perpendicularly to the plane of sure at the keel, and the pressures be-
symmetry at a point midway between tween the keel and chine vary linearly,
the keel and chine lines. in accordance with figure 3 of appendix
(c) Unsymmetrical landing; twin float B. The pressure at the keel (psi) is
seaplanes. The unsymmetrical loading computed as follows:
consists of an upward load at the step
of each float of 0.75 and a side load of K 2 VS12
0.25 tan b at one float times the step Pk = C2 ×
landing load reached under § 25.527. The tan β k
side load is directed inboard, per- where—
pendicularly to the plane of symmetry Pk = pressure (p.s.i.) at the keel;
midway between the keel and chine C2 = 0.00213;
lines of the float, at the same longitu- K2 = hull station weighing factor, in accord-
dinal station as the upward load. ance with figure 2 of appendix B;
VS1 = seaplane stalling speed (Knots) at the
§ 25.531 Hull and main float takeoff design water takeoff weight with flaps
condition. extended in the appropriate takeoff posi-
tion; and
For the wing and its attachment to bK = angle of dead rise at keel, in accordance
the hull or main float— with figure 1 of appendix B.
(a) The aerodynamic wing lift is as-
(2) For a flared bottom, the pressure
sumed to be zero; and at the beginning of the flare is the
(b) A downward inertia load, cor- same as that for an unflared bottom,
responding to a load factor computed and the pressure between the chine and
from the following formula, must be the beginning of the flare varies lin-
applied: early, in accordance with figure 3 of ap-
pendix B. The pressure distribution is
C TO VS12 the same as that prescribed in para-
n= graph (b)(1) of this section for an
⎛ tan 23 β ⎞ W 13 unflared bottom except that the pres-
⎝ ⎠ sure at the chine is computed as fol-
where— lows:
EC28SE91.040</MATH>

n = inertia load factor;


K 2 VS12
CTO = empirical seaplane operations factor
Pch = C3 ×
equal to 0.004;
VS1 = seaplane stalling speed (knots) at the
tan β
design takeoff weight with the flaps ex- where—
tended in the appropriate takeoff posi- Pch = pressure (p.s.i.) at the chine;
EC28SE91.039</MATH>

tion; C3 = 0.0016;
lhorne on DSKJLZT7X2PROD with CFR

b = angle of dead rise at the main step (de- K2 = hull station weighing factor, in accord-
grees); and ance with figure 2 of appendix B;

256
EC28SE91.038</MATH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00266 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.535
VS1 = seaplane stalling speed at the design must be designed for the conditions
water takeoff weight with flaps extended prescribed in this section. In the cases
in the appropriate takeoff position; and specified in paragraphs (b) through (e)
b = angle of dead rise at appropriate station.
of this section, the prescribed water
The area over which these pressures loads may be distributed over the float
are applied must simulate pressures oc- bottom to avoid excessive local loads,
curring during high localized impacts using bottom pressures not less than
on the hull or float, but need not ex- those prescribed in paragraph (g) of
tend over an area that would induce this section.
critical stresses in the frames or in the (b) Step loading. The resultant water
overall structure. load must be applied in the plane of
(c) Distributed pressures. For the de- symmetry of the float at a point three-
sign of the frames, keel, and chine fourths of the distance from the bow to
structure, the following pressure dis- the step and must be perpendicular to
tributions apply: the keel. The resultant limit load is
(1) Symmetrical pressures are com- computed as follows, except that the
puted as follows: value of L need not exceed three times
the weight of the displaced water when
K 2 VS 0 2 the float is completely submerged:
P = C4 ×
tan β 2

where—
C5 VS 2 W 3
P = pressure (p.s.i.); L = 0

( )
2 2
C4 = 0.078 C1 (with C1 computed under
tan 3 β s 1 + ry
2 3
§ 25.527);
K2 = hull station weighing factor, deter-
where—
mined in accordance with figure 2 of ap-
pendix B; L = limit load (lbs.);
VS0 = seaplane stalling speed (Knots) with C5 = 0.0053;
landing flaps extended in the appropriate VS0 = seaplane stalling speed (knots) with
position and with no slipstream effect; landing flaps extended in the appropriate
and position and with no slipstream effect;
VS0 = seaplane stalling speed with landing W = seaplane design landing weight in
flaps extended in the appropriate posi- pounds;
tion and with no slipstream effect; and b bS = angle of dead rise at a station 3⁄4 of the
= angle of dead rise at appropriate sta- distance from the bow to the step, but
tion. need not be less than 15 degrees; and
ry = ratio of the lateral distance between the
(2) The unsymmetrical pressure dis- center of gravity and the plane of sym-
tribution consists of the pressures pre- metry of the float to the radius of gyra-
scribed in paragraph (c)(1) of this sec- tion in roll.
tion on one side of the hull or main (c) Bow loading. The resultant limit
float centerline and one-half of that load must be applied in the plane of
pressure on the other side of the hull or symmetry of the float at a point one-
main float centerline, in accordance fourth of the distance from the bow to
with figure 3 of appendix B. the step and must be perpendicular to
These pressures are uniform and must the tangent to the keel line at that
be applied simultaneously over the en- point. The magnitude of the resultant
tire hull or main float bottom. The load is that specified in paragraph (b)
loads obtained must be carried into the of this section.
sidewall structure of the hull proper, (d) Unsymmetrical step loading. The re-
but need not be transmitted in a fore sultant water load consists of a compo-
and aft direction as shear and bending nent equal to 0.75 times the load speci-
loads. fied in paragraph (a) of this section and
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as a side component equal to 3.25 tan b
amended by Amdt. 25–23, 35 FR 5673, Apr. 8, times the load specified in paragraph
1970] (b) of this section. The side load must
be applied perpendicularly to the plane
§ 25.535 Auxiliary float loads.
EC28SE91.042</MATH>

of symmetry of the float at a point


lhorne on DSKJLZT7X2PROD with CFR

(a) General. Auxiliary floats and their midway between the keel and the
attachments and supporting structures chine.

257
EC28SE91.041</MATH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00267 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.537 14 CFR Ch. I (1–1–22 Edition)

(e) Unsymmetrical bow loading. The re- EMERGENCY LANDING CONDITIONS


sultant water load consists of a compo-
nent equal to 0.75 times the load speci- § 25.561 General.
fied in paragraph (b) of this section and (a) The airplane, although it may be
a side component equal to 0.25 tan b damaged in emergency landing condi-
times the load specified in paragraph tions on land or water, must be de-
(c) of this section. The side load must signed as prescribed in this section to
be applied perpendicularly to the plane protect each occupant under those con-
of symmetry at a point midway be- ditions.
tween the keel and the chine. (b) The structure must be designed to
(f) Immersed float condition. The re- give each occupant every reasonable
chance of escaping serious injury in a
sultant load must be applied at the
minor crash landing when—
centroid of the cross section of the
(1) Proper use is made of seats, belts,
float at a point one-third of the dis- and all other safety design provisions;
tance from the bow to the step. The (2) The wheels are retracted (where
limit load components are as follows: applicable); and
(3) The occupant experiences the fol-
vertical= ρgV lowing ultimate inertia forces acting
2 2 separately relative to the surrounding
aft = Cx 2ρ V ⎛ KVS ⎞ structure:
3
⎝ 0 ⎠
(i) Upward, 3.0g
(ii) Forward, 9.0g
2 2 (iii) Sideward, 3.0g on the airframe;
side = Cy 2ρ V
3 ⎛ KV ⎞ and 4.0g on the seats and their attach-
⎝ S0 ⎠ ments.
where— (iv) Downward, 6.0g
r = mass density of water (slugs/ft.2); (v) Rearward, 1.5g
V = volume of float (ft.2); (c) For equipment, cargo in the pas-
Cx = coefficient of drag force, equal to 0.133; senger compartments and any other
Cy = coefficient of side force, equal to 0.106; large masses, the following apply:
K = 0.8, except that lower values may be used (1) Except as provided in paragraph
if it is shown that the floats are incapa- (c)(2) of this section, these items must
ble of submerging at a speed of 0.8 VS0 in be positioned so that if they break
normal operations; loose they will be unlikely to:
VS0 = seaplane stalling speed (knots) with (i) Cause direct injury to occupants;
landing flaps extended in the appropriate (ii) Penetrate fuel tanks or lines or
position and with no slipstream effect; cause fire or explosion hazard by dam-
and age to adjacent systems; or
g = acceleration due to gravity (ft./sec.2). (iii) Nullify any of the escape facili-
(g) Float bottom pressures. The float ties provided for use after an emer-
bottom pressures must be established gency landing.
under § 25.533, except that the value of (2) When such positioning is not prac-
tical (e.g. fuselage mounted engines or
K2 in the formulae may be taken as 1.0.
auxiliary power units) each such item
The angle of dead rise to be used in de-
of mass shall be restrained under all
termining the float bottom pressures is loads up to those specified in paragraph
set forth in paragraph (b) of this sec- (b)(3) of this section. The local attach-
tion. ments for these items should be de-
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as signed to withstand 1.33 times the spec-
amended by Amdt. 25–23, 35 FR 5673, Apr. 8, ified loads if these items are subject to
1970] severe wear and tear through frequent
removal (e.g. quick change interior
§ 25.537 Seawing loads. items).
Seawing design loads must be based (d) Seats and items of mass (and
on applicable test data. their supporting structure) must not
deform under any loads up to those
lhorne on DSKJLZT7X2PROD with CFR

specified in paragraph (b)(3) of this sec-


tion in any manner that would impede

258
EC28SE91.043</MATH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00268 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.562

subsequent rapid evacuation of occu- grees either right or left, whichever


pants. would cause the greatest likelihood of
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as the upper torso restraint system
amended by Amdt. 25–23, 35 FR 5673, Apr. 8, (where installed) moving off the occu-
1970; Amdt. 25–64, 53 FR 17646, May 17, 1988; pant’s shoulder, and with the wings
Amdt. 25–91, 62 FR 40706, July 29, 1997] level. Peak floor deceleration must
occur in not more than 0.09 seconds
§ 25.562 Emergency landing dynamic after impact and must reach a min-
conditions. imum of 16g. Where floor rails or floor
(a) The seat and restraint system in fittings are used to attach the seating
the airplane must be designed as pre- devices to the test fixture, the rails or
scribed in this section to protect each fittings must be misaligned with re-
occupant during an emergency landing spect to the adjacent set of rails or fit-
condition when— tings by at least 10 degrees vertically
(1) Proper use is made of seats, safety (i.e., out of Parallel) with one rolled 10
belts, and shoulder harnesses provided degrees.
for in the design; and (c) The following performance meas-
(2) The occupant is exposed to loads ures must not be exceeded during the
resulting from the conditions pre- dynamic tests conducted in accordance
scribed in this section. with paragraph (b) of this section:
(b) Each seat type design approved (1) Where upper torso straps are used
for crew or passenger occupancy during for crewmembers, tension loads in indi-
takeoff and landing must successfully vidual straps must not exceed 1,750
complete dynamic tests or be dem- pounds. If dual straps are used for re-
onstrated by rational analysis based on straining the upper torso, the total
dynamic tests of a similar type seat, in strap tension loads must not exceed
accordance with each of the following 2,000 pounds.
emergency landing conditions. The
(2) The maximum compressive load
tests must be conducted with an occu-
measured between the pelvis and the
pant simulated by a 170-pound
anthropomorphic test dummy, as de- lumbar column of the anthropomorphic
fined by 49 CFR Part 572, Subpart B, or dummy must not exceed 1,500 pounds.
its equivalent, sitting in the normal (3) The upper torso restraint straps
upright position. (where installed) must remain on the
(1) A change in downward vertical ve- occupant’s shoulder during the impact.
locity (D v) of not less than 35 feet per (4) The lap safety belt must remain
second, with the airplane’s longitu- on the occupant’s pelvis during the im-
dinal axis canted downward 30 degrees pact.
with respect to the horizontal plane (5) Each occupant must be protected
and with the wings level. Peak floor de- from serious head injury under the con-
celeration must occur in not more than ditions prescribed in paragraph (b) of
0.08 seconds after impact and must this section. Where head contact with
reach a minimum of 14g. seats or other structure can occur, pro-
(2) A change in forward longitudinal tection must be provided so that the
velocity (D v) of not less than 44 feet head impact does not exceed a Head In-
per second, with the airplane’s longitu- jury Criterion (HIC) of 1,000 units. The
dinal axis horizontal and yawed 10 de- level of HIC is defined by the equation:

⎧ ⎡ 1 ⎤ ⎫⎪
2 .5

HIC = ⎨( t 2 − t 1 )⎢
t2
∫ a(t )dt ⎥⎥ ⎬
⎢⎣ ( t 2 − t 1 ) t1
⎪⎩ ⎦ ⎪⎭ max

Where: a(t) is the total acceleration vs. time curve


lhorne on DSKJLZT7X2PROD with CFR

t1 is the initial integration time, for the head strike, and where
t2 is the final integration time, and

259
EC28SE91.044</MATH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00269 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.563 14 CFR Ch. I (1–1–22 Edition)
(t) is in seconds, and (a) is in units of gravity catastrophic failure of the airplane;
(g). and
(6) Where leg injuries may result (iii) An analysis, supported by test
from contact with seats or other struc- evidence, of the principal structural
ture, protection must be provided to elements and detail design points iden-
prevent axially compressive loads ex- tified in paragraph (a)(1)(ii) of this sec-
ceeding 2,250 pounds in each femur. tion.
(7) The seat must remain attached at (2) The service history of airplanes of
all points of attachment, although the similar structural design, taking due
structure may have yielded. account of differences in operating con-
(8) Seats must not yield under the ditions and procedures, may be used in
tests specified in paragraphs (b)(1) and the evaluations required by this sec-
(b)(2) of this section to the extent they tion.
would impede rapid evacuation of the (3) Based on the evaluations required
airplane occupants. by this section, inspections or other
procedures must be established, as nec-
[Amdt. 25–64, 53 FR 17646, May 17, 1988] essary, to prevent catastrophic failure,
and must be included in the Airworthi-
§ 25.563 Structural ditching provi- ness Limitations section of the In-
sions. structions for Continued Airworthiness
Structural strength considerations of required by § 25.1529. The limit of valid-
ditching provisions must be in accord- ity of the engineering data that sup-
ance with § 25.801(e). ports the structural maintenance pro-
gram (hereafter referred to as LOV),
FATIGUE EVALUATION stated as a number of total accumu-
lated flight cycles or flight hours or
§ 25.571 Damage—tolerance and fa- both, established by this section must
tigue evaluation of structure.
also be included in the Airworthiness
(a) General. An evaluation of the Limitations section of the Instructions
strength, detail design, and fabrication for Continued Airworthiness required
must show that catastrophic failure by § 25.1529. Inspection thresholds for
due to fatigue, corrosion, manufac- the following types of structure must
turing defects, or accidental damage, be established based on crack growth
will be avoided throughout the oper- analyses and/or tests, assuming the
ational life of the airplane. This eval- structure contains an initial flaw of
uation must be conducted in accord- the maximum probable size that could
ance with the provisions of paragraphs exist as a result of manufacturing or
(b) and (e) of this section, except as service-induced damage:
specified in paragraph (c) of this sec- (i) Single load path structure, and
tion, for each part of the structure that (ii) Multiple load path ‘‘fail-safe’’
could contribute to a catastrophic fail- structure and crack arrest ‘‘fail-safe’’
ure (such as wing, empennage, control structure, where it cannot be dem-
surfaces and their systems, the fuse- onstrated that load path failure, par-
lage, engine mounting, landing gear, tial failure, or crack arrest will be de-
and their related primary attach- tected and repaired during normal
ments). For turbojet powered air- maintenance, inspection, or operation
planes, those parts that could con- of an airplane prior to failure of the re-
tribute to a catastrophic failure must maining structure.
also be evaluated under paragraph (d) (b) Damage-tolerance evaluation. The
of this section. In addition, the fol- evaluation must include a determina-
lowing apply: tion of the probable locations and
(1) Each evaluation required by this modes of damage due to fatigue, corro-
section must include— sion, or accidental damage. Repeated
(i) The typical loading spectra, tem- load and static analyses supported by
peratures, and humidities expected in test evidence and (if available) service
service; experience must also be incorporated
(ii) The identification of principal in the evaluation. Special consider-
lhorne on DSKJLZT7X2PROD with CFR

structural elements and detail design ation for widespread fatigue damage
points, the failure of which could cause must be included where the design is

260

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00270 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.571

such that this type of damage could pressures during 1 g level flight) multi-
occur. An LOV must be established plied by a factor of 1.15, omitting other
that corresponds to the period of time, loads.
stated as a number of total accumu- (6) For landing gear and directly-af-
lated flight cycles or flight hours or fected airframe structure, the limit
both, during which it is demonstrated ground loading conditions specified in
that widespread fatigue damage will §§ 25.473, 25.491, and 25.493.
not occur in the airplane structure. If significant changes in structural
This demonstration must be by full- stiffness or geometry, or both, follow
scale fatigue test evidence. The type from a structural failure, or partial
certificate may be issued prior to com- failure, the effect on damage tolerance
pletion of full-scale fatigue testing, must be further investigated.
provided the Administrator has ap- (c) Fatigue (safe-life) evaluation. Com-
proved a plan for completing the re- pliance with the damage-tolerance re-
quired tests. In that case, the Air- quirements of paragraph (b) of this sec-
worthiness Limitations section of the tion is not required if the applicant es-
Instructions for Continued Airworthi- tablishes that their application for par-
ness required by § 25.1529 must specify ticular structure is impractical. This
that no airplane may be operated be- structure must be shown by analysis,
yond a number of cycles equal to 1⁄2 the supported by test evidence, to be able
number of cycles accumulated on the to withstand the repeated loads of vari-
fatigue test article, until such testing able magnitude expected during its
is completed. The extent of damage for service life without detectable cracks.
residual strength evaluation at any Appropriate safe-life scatter factors
time within the operational life of the must be applied.
airplane must be consistent with the (d) Sonic fatigue strength. It must be
initial detectability and subsequent shown by analysis, supported by test
growth under repeated loads. The resid- evidence, or by the service history of
ual strength evaluation must show airplanes of similar structural design
that the remaining structure is able to and sonic excitation environment,
withstand loads (considered as static that—
ultimate loads) corresponding to the
(1) Sonic fatigue cracks are not prob-
following conditions:
able in any part of the flight structure
(1) The limit symmetrical maneu-
subject to sonic excitation; or
vering conditions specified in § 25.337 at
(2) Catastrophic failure caused by
all speeds up to Vc and in § 25.345.
sonic cracks is not probable assuming
(2) The limit gust conditions speci-
that the loads prescribed in paragraph
fied in § 25.341 at the specified speeds up
(b) of this section are applied to all
to VC and in § 25.345.
areas affected by those cracks.
(3) The limit rolling conditions speci-
(e) Damage-tolerance (discrete source)
fied in § 25.349 and the limit unsymmet-
evaluation. The airplane must be capa-
rical conditions specified in §§ 25.367
ble of successfully completing a flight
and 25.427 (a) through (c), at speeds up
during which likely structural damage
to VC.
occurs as a result of—
(4) The limit yaw maneuvering condi-
tions specified in § 25.351(a) at the spec- (1) Impact with a 4-pound bird when
ified speeds up to VC. the velocity of the airplane relative to
(5) For pressurized cabins, the fol- the bird along the airplane’s flight
lowing conditions: path is equal to Vc at sea level or 0.85Vc
(i) The normal operating differential at 8,000 feet, whichever is more critical;
pressure combined with the expected (2) Uncontained fan blade impact;
external aerodynamic pressures applied (3) Uncontained engine failure; or
simultaneously with the flight loading (4) Uncontained high energy rotating
conditions specified in paragraphs machinery failure.
(b)(1) through (4) of this section, if they The damaged structure must be able to
have a significant effect. withstand the static loads (considered
(ii) The maximum value of normal as ultimate loads) which are reason-
lhorne on DSKJLZT7X2PROD with CFR

operating differential pressure (includ- ably expected to occur on the flight.


ing the expected external aerodynamic Dynamic effects on these static loads

261

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00271 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.581 14 CFR Ch. I (1–1–22 Edition)

need not be considered. Corrective ac- (a) Be established on the basis of ex-
tion to be taken by the pilot following perience or tests;
the incident, such as limiting maneu- (b) Conform to approved specifica-
vers, avoiding turbulence, and reducing tions (such as industry or military
speed, must be considered. If signifi- specifications, or Technical Standard
cant changes in structural stiffness or Orders) that ensure their having the
geometry, or both, follow from a struc- strength and other properties assumed
tural failure or partial failure, the ef- in the design data; and
fect on damage tolerance must be fur- (c) Take into account the effects of
ther investigated. environmental conditions, such as tem-
[Amdt. 25–45, 43 FR 46242, Oct. 5, 1978, as perature and humidity, expected in
amended by Amdt. 25–54, 45 FR 60173, Sept. service.
11, 1980; Amdt. 25–72, 55 FR 29776, July 20,
1990; Amdt. 25–86, 61 FR 5222, Feb. 9, 1996; [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
Amdt. 25–96, 63 FR 15714, Mar. 31, 1998; 63 FR amended by Amdt. 25–38, 41 FR 55466, Dec. 20,
23338, Apr. 28, 1998; Amdt. 25–132, 75 FR 69781, 1976; Amdt. 25–46, 43 FR 50595, Oct. 30, 1978]
Nov. 15, 2010]
§ 25.605 Fabrication methods.
LIGHTNING PROTECTION (a) The methods of fabrication used
must produce a consistently sound
§ 25.581 Lightning protection.
structure. If a fabrication process (such
(a) The airplane must be protected as gluing, spot welding, or heat treat-
against catastrophic effects from light- ing) requires close control to reach this
ning. objective, the process must be per-
(b) For metallic components, compli- formed under an approved process spec-
ance with paragraph (a) of this section ification.
may be shown by— (b) Each new aircraft fabrication
(1) Bonding the components properly method must be substantiated by a
to the airframe; or test program.
(2) Designing the components so that
a strike will not endanger the airplane. [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
(c) For nonmetallic components, amended by Amdt. 25–46, 43 FR 50595, Oct. 30,
compliance with paragraph (a) of this 1978]
section may be shown by—
§ 25.607 Fasteners.
(1) Designing the components to min-
imize the effect of a strike; or (a) Each removable bolt, screw, nut,
(2) Incorporating acceptable means of pin, or other removable fastener must
diverting the resulting electrical cur- incorporate two separate locking de-
rent so as not to endanger the airplane. vices if—
[Amdt. 25–23, 35 FR 5674, Apr. 8, 1970]
(1) Its loss could preclude continued
flight and landing within the design
limitations of the airplane using nor-
Subpart D—Design and mal pilot skill and strength; or
Construction (2) Its loss could result in reduction
GENERAL in pitch, yaw, or roll control capability
or response below that required by
§ 25.601 General. Subpart B of this chapter.
(b) The fasteners specified in para-
The airplane may not have design
graph (a) of this section and their lock-
features or details that experience has
ing devices may not be adversely af-
shown to be hazardous or unreliable.
fected by the environmental conditions
The suitability of each questionable
associated with the particular installa-
design detail and part must be estab-
tion.
lished by tests.
(c) No self-locking nut may be used
§ 25.603 Materials. on any bolt subject to rotation in oper-
ation unless a nonfriction locking de-
The suitability and durability of ma-
vice is used in addition to the self-lock-
terials used for parts, the failure of
lhorne on DSKJLZT7X2PROD with CFR

ing device.
which could adversely affect safety,
must— [Amdt. 25–23, 35 FR 5674, Apr. 8, 1970]

262

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00272 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.621

§ 25.609 Protection of structure. (2) For redundant structure, in which


the failure of individual elements
Each part of the structure must—
would result in applied loads being
(a) Be suitably protected against de-
safely distributed to other load car-
terioration or loss of strength in serv-
rying members, 90 percent probability
ice due to any cause, including—
with 95 percent confidence.
(1) Weathering;
(c) The effects of environmental con-
(2) Corrosion; and
ditions, such as temperature and mois-
(3) Abrasion; and
ture, on material design values used in
(b) Have provisions for ventilation
an essential component or structure
and drainage where necessary for pro-
must be considered where these effects
tection.
are significant within the airplane op-
§ 25.611 Accessibility provisions. erating envelope.
(d) [Reserved]
(a)Means must be provided to allow (e) Greater material design values
inspection (including inspection of may be used if a ‘‘premium selection’’
principal structural elements and con- of the material is made in which a
trol systems), replacement of parts specimen of each individual item is
normally requiring replacement, ad- tested before use to determine that the
justment, and lubrication as necessary actual strength properties of that par-
for continued airworthiness. The in- ticular item will equal or exceed those
spection means for each item must be used in design.
practicable for the inspection interval (f) Other material design values may
for the item. Nondestructive inspection be used if approved by the Adminis-
aids may be used to inspect structural trator.
elements where it is impracticable to
provide means for direct visual inspec- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
tion if it is shown that the inspection amended by Amdt. 25–46, 43 FR 50595, Oct. 30,
is effective and the inspection proce- 1978; Amdt. 25–72, 55 FR 29776, July 20, 1990;
Amdt. 25–112, 68 FR 46431, Aug. 5, 2003]
dures are specified in the maintenance
manual required by § 25.1529. § 25.619 Special factors.
(b) EWIS must meet the accessibility
requirements of § 25.1719. The factor of safety prescribed in
§ 25.303 must be multiplied by the high-
[Amdt. 25–23, 35 FR 5674, Apr. 8, 1970, as est pertinent special factor of safety
amended by Amdt. 25–123, 72 FR 63404, Nov. 8,
prescribed in §§ 25.621 through 25.625 for
2007]
each part of the structure whose
§ 25.613 Material strength properties strength is—
and material design values. (a) Uncertain;
(b) Likely to deteriorate in service
(a) Material strength properties must
before normal replacement; or
be based on enough tests of material
meeting approved specifications to es- (c) Subject to appreciable variability
tablish design values on a statistical because of uncertainties in manufac-
basis. turing processes or inspection methods.
(b) Material design values must be [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
chosen to minimize the probability of amended by Amdt. 25–23, 35 FR 5674, Apr. 8,
structural failures due to material var- 1970]
iability. Except as provided in para-
graphs (e) and (f) of this section, com- § 25.621 Casting factors.
pliance must be shown by selecting ma- (a) General. For castings used in
terial design values which assure mate- structural applications, the factors,
rial strength with the following prob- tests, and inspections specified in para-
ability: graphs (b) through (d) of this section
(1) Where applied loads are eventu- must be applied in addition to those
ally distributed through a single mem- necessary to establish foundry quality
ber within an assembly, the failure of control. The inspections must meet ap-
which would result in loss of structural proved specifications. Paragraphs (c)
lhorne on DSKJLZT7X2PROD with CFR

integrity of the component, 99 percent and (d) of this section apply to any
probability with 95 percent confidence. structural castings, except castings

263

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00273 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.621 14 CFR Ch. I (1–1–22 Edition)

that are pressure tested as parts of hy- (iii) One casting undergoes a static
draulic or other fluid systems and do test and is shown to meet the strength
not support structural loads. and deformation requirements of
(b) Bearing stresses and surfaces. The § 25.305(a) and (b).
casting factors specified in paragraphs (2) A casting factor of 1.25 or greater
(c) and (d) of this section— may be used, provided that—
(1) Need not exceed 1.25 with respect (i) Each casting receives:
to bearing stresses regardless of the (A) Inspection of 100 percent of its
method of inspection used; and surface, using visual inspection and liq-
(2) Need not be used with respect to uid penetrant or equivalent inspection
the bearing surfaces of a part whose methods; and
bearing factor is larger than the appli- (B) Inspection of structurally signifi-
cable casting factor. cant internal areas and areas where de-
(c) Critical castings. Each casting fects are likely to occur, using radio-
whose failure could preclude continued graphic or equivalent inspection meth-
safe flight and landing of the airplane ods.
or could result in serious injury to oc- (ii) Three castings undergo static
cupants is a critical casting. Each crit- tests and are shown to meet:
ical casting must have a factor associ- (A) The strength requirements of
ated with it for showing compliance § 25.305(b) at an ultimate load cor-
with strength and deformation require- responding to a casting factor of 1.25;
ments of § 25.305, and must comply with and
the following criteria associated with (B) The deformation requirements of
that factor: § 25.305(a) at a load of 1.15 times the
(1) A casting factor of 1.0 or greater limit load.
may be used, provided that— (3) A casting factor of 1.50 or greater
(i) It is demonstrated, in the form of may be used, provided that—
process qualification, proof of product, (i) Each casting receives:
and process monitoring that, for each (A) Inspection of 100 percent of its
casting design and part number, the surface, using visual inspection and liq-
castings produced by each foundry and uid penetrant or equivalent inspection
process combination have coefficients methods; and
of variation of the material properties (B) Inspection of structurally signifi-
that are equivalent to those of wrought cant internal areas and areas where de-
alloy products of similar composition. fects are likely to occur, using radio-
Process monitoring must include test- graphic or equivalent inspection meth-
ing of coupons cut from the prolonga- ods.
tions of each casting (or each set of (ii) One casting undergoes a static
castings, if produced from a single pour test and is shown to meet:
into a single mold in a runner system) (A) The strength requirements of
and, on a sampling basis, coupons cut § 25.305(b) at an ultimate load cor-
from critical areas of production cast- responding to a casting factor of 1.50;
ings. The acceptance criteria for the and
process monitoring inspections and (B) The deformation requirements of
tests must be established and included § 25.305(a) at a load of 1.15 times the
in the process specifications to ensure limit load.
the properties of the production cast- (d) Non-critical castings. For each
ings are controlled to within levels casting other than critical castings, as
used in design. specified in paragraph (c) of this sec-
(ii) Each casting receives: tion, the following apply:
(A) Inspection of 100 percent of its (1) A casting factor of 1.0 or greater
surface, using visual inspection and liq- may be used, provided that the require-
uid penetrant or equivalent inspection ments of (c)(1) of this section are met,
methods; and or all of the following conditions are
(B) Inspection of structurally signifi- met:
cant internal areas and areas where de- (i) Castings are manufactured to ap-
fects are likely to occur, using radio- proved specifications that specify the
lhorne on DSKJLZT7X2PROD with CFR

graphic or equivalent inspection meth- minimum mechanical properties of the


ods. material in the casting and provides

264

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00274 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.629

for demonstration of these properties (b) No bearing factor need be used for
by testing of coupons cut from the a part for which any larger special fac-
castings on a sampling basis. tor is prescribed.
(ii) Each casting receives:
(A) Inspection of 100 percent of its § 25.625 Fitting factors.
surface, using visual inspection and liq- For each fitting (a part or terminal
uid penetrant or equivalent inspection used to join one structural member to
methods; and another), the following apply:
(B) Inspection of structurally signifi- (a) For each fitting whose strength is
cant internal areas and areas where de- not proven by limit and ultimate load
fects are likely to occur, using radio- tests in which actual stress conditions
graphic or equivalent inspection meth- are simulated in the fitting and sur-
ods. rounding structures, a fitting factor of
(iii) Three sample castings undergo at least 1.15 must be applied to each
static tests and are shown to meet the part of—
strength and deformation requirements (1) The fitting;
of § 25.305(a) and (b).
(2) The means of attachment; and
(2) A casting factor of 1.25 or greater
(3) The bearing on the joined mem-
may be used, provided that each cast-
bers.
ing receives:
(b) No fitting factor need be used—
(i) Inspection of 100 percent of its sur-
face, using visual inspection and liquid (1) For joints made under approved
penetrant or equivalent inspection practices and based on comprehensive
methods; and test data (such as continuous joints in
(ii) Inspection of structurally signifi- metal plating, welded joints, and scarf
cant internal areas and areas where de- joints in wood); or
fects are likely to occur, using radio- (2) With respect to any bearing sur-
graphic or equivalent inspection meth- face for which a larger special factor is
ods. used.
(3) A casting factor of 1.5 or greater (c) For each integral fitting, the part
may be used, provided that each cast- must be treated as a fitting up to the
ing receives inspection of 100 percent of point at which the section properties
its surface using visual inspection and become typical of the member.
liquid penetrant or equivalent inspec- (d) For each seat, berth, safety belt,
tion methods. and harness, the fitting factor specified
(4) A casting factor of 2.0 or greater in § 25.785(f)(3) applies.
may be used, provided that each cast- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
ing receives inspection of 100 percent of amended by Amdt. 25–23, 35 FR 5674, Apr. 8,
its surface using visual inspection 1970; Amdt. 25–72, 55 FR 29776, July 20, 1990]
methods.
(5) The number of castings per pro- § 25.629 Aeroelastic stability require-
duction batch to be inspected by non- ments.
visual methods in accordance with (a) General. The aeroelastic stability
paragraphs (d)(2) and (3) of this section evaluations required under this section
may be reduced when an approved qual- include flutter, divergence, control re-
ity control procedure is established. versal and any undue loss of stability
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as and control as a result of structural de-
amended by Amdt. 25–139, 79 FR 59429, Oct. 2, formation. The aeroelastic evaluation
2014] must include whirl modes associated
with any propeller or rotating device
§ 25.623 Bearing factors. that contributes significant dynamic
(a) Except as provided in paragraph forces. Compliance with this section
(b) of this section, each part that has must be shown by analyses, wind tun-
clearance (free fit), and that is subject nel tests, ground vibration tests, flight
to pounding or vibration, must have a tests, or other means found necessary
bearing factor large enough to provide by the Administrator.
lhorne on DSKJLZT7X2PROD with CFR

for the effects of normal relative mo- (b) Aeroelastic stability envelopes. The
tion. airplane must be designed to be free

265

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00275 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.629 14 CFR Ch. I (1–1–22 Edition)

from aeroelastic instability for all con- (4) Failure of any single element of
figurations and design conditions with- the structure supporting any engine,
in the aeroelastic stability envelopes independently mounted propeller shaft,
as follows: large auxiliary power unit, or large ex-
(1) For normal conditions without ternally mounted aerodynamic body
failures, malfunctions, or adverse con- (such as an external fuel tank).
ditions, all combinations of altitudes (5) For airplanes with engines that
and speeds encompassed by the VD/MD have propellers or large rotating de-
versus altitude envelope enlarged at all vices capable of significant dynamic
points by an increase of 15 percent in forces, any single failure of the engine
equivalent airspeed at both constant structure that would reduce the rigid-
Mach number and constant altitude. In ity of the rotational axis.
addition, a proper margin of stability (6) The absence of aerodynamic or gy-
must exist at all speeds up to VD/MD roscopic forces resulting from the most
and, there must be no large and rapid adverse combination of feathered pro-
reduction in stability as VD/MD is ap- pellers or other rotating devices capa-
proached. The enlarged envelope may ble of significant dynamic forces. In
be limited to Mach 1.0 when MD is less addition, the effect of a single feath-
than 1.0 at all design altitudes, and ered propeller or rotating device must
(2) For the conditions described in be coupled with the failures of para-
§ 25.629(d) below, for all approved alti- graphs (d)(4) and (d)(5) of this section.
tudes, any airspeed up to the greater (7) Any single propeller or rotating
airspeed defined by; device capable of significant dynamic
forces rotating at the highest likely
(i) The VD/MD envelope determined by
overspeed.
§ 25.335(b); or,
(8) Any damage or failure condition,
(ii) An altitude-airspeed envelope de- required or selected for investigation
fined by a 15 percent increase in equiv- by § 25.571. The single structural fail-
alent airspeed above VC at constant al- ures described in paragraphs (d)(4) and
titude, from sea level to the altitude of (d)(5) of this section need not be consid-
the intersection of 1.15 VC with the ex- ered in showing compliance with this
tension of the constant cruise Mach section if;
number line, MC, then a linear vari- (i) The structural element could not
ation in equivalent airspeed to MC + .05 fail due to discrete source damage re-
at the altitude of the lowest VC/MC sulting from the conditions described
intersection; then, at higher altitudes, in § 25.571(e), and
up to the maximum flight altitude, the (ii) A damage tolerance investigation
boundary defined by a .05 Mach in- in accordance with § 25.571(b) shows
crease in MC at constant altitude. that the maximum extent of damage
(c) Balance weights. If concentrated assumed for the purpose of residual
balance weights are used, their effec- strength evaluation does not involve
tiveness and strength, including sup- complete failure of the structural ele-
porting structure, must be substan- ment.
tiated. (9) Any damage, failure, or malfunc-
(d) Failures, malfunctions, and adverse tion considered under §§ 25.631, 25.671,
conditions. The failures, malfunctions, 25.672, and 25.1309.
and adverse conditions which must be (10) Any other combination of fail-
considered in showing compliance with ures, malfunctions, or adverse condi-
this section are: tions not shown to be extremely im-
(1) Any critical fuel loading condi- probable.
tions, not shown to be extremely im- (e) Flight flutter testing. Full scale
probable, which may result from mis- flight flutter tests at speeds up to VDF/
management of fuel. MDF must be conducted for new type
(2) Any single failure in any flutter designs and for modifications to a type
damper system. design unless the modifications have
(3) For airplanes not approved for op- been shown to have an insignificant ef-
eration in icing conditions, the max- fect on the aeroelastic stability. These
lhorne on DSKJLZT7X2PROD with CFR

imum likely ice accumulation expected tests must demonstrate that the air-
as a result of an inadvertent encounter. plane has a proper margin of damping

266

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00276 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.671

at all speeds up to VDF/MDF, and that (b) If an adjustable stabilizer is used,


there is no large and rapid reduction in it must have stops that will limit its
damping as VDF/MDF, is approached. If a range of travel to the maximum for
failure, malfunction, or adverse condi- which the airplane is shown to meet
tion is simulated during flight test in the trim requirements of § 25.161.
showing compliance with paragraph (d)
of this section, the maximum speed in- § 25.657 Hinges.
vestigated need not exceed VFC/MFC if it (a) For control surface hinges, in-
is shown, by correlation of the flight cluding ball, roller, and self-lubricated
test data with other test data or anal- bearing hinges, the approved rating of
yses, that the airplane is free from any the bearing may not be exceeded. For
aeroelastic instability at all speeds nonstandard bearing hinge configura-
within the altitude-airspeed envelope tions, the rating must be established
described in paragraph (b)(2) of this on the basis of experience or tests and,
section. in the absence of a rational investiga-
tion, a factor of safety of not less than
[Doc. No. 26007, 57 FR 28949, June 29, 1992] 6.67 must be used with respect to the
ultimate bearing strength of the soft-
§ 25.631 Bird strike damage. est material used as a bearing.
The empennage structure must be de- (b) Hinges must have enough
signed to assure capability of contin- strength and rigidity for loads parallel
ued safe flight and landing of the air- to the hinge line.
plane after impact with an 8-pound bird [Amdt. 25–23, 35 FR 5674, Apr. 8, 1970]
when the velocity of the airplane (rel-
ative to the bird along the airplane’s CONTROL SYSTEMS
flight path) is equal to VC at sea level,
selected under § 25.335(a). Compliance § 25.671 General.
with this section by provision of redun- (a) Each control and control system
dant structure and protected location must operate with the ease, smooth-
of control system elements or protec- ness, and positiveness appropriate to
tive devices such as splitter plates or its function.
energy absorbing material is accept- (b) Each element of each flight con-
able. Where compliance is shown by trol system must be designed, or dis-
analysis, tests, or both, use of data on tinctively and permanently marked, to
airplanes having similar structural de- minimize the probability of incorrect
sign is acceptable. assembly that could result in the mal-
[Amdt. 25–23, 35 FR 5674, Apr. 8, 1970]
functioning of the system.
(c) The airplane must be shown by
CONTROL SURFACES analysis, tests, or both, to be capable
of continued safe flight and landing
§ 25.651 Proof of strength. after any of the following failures or
jamming in the flight control system
(a) Limit load tests of control sur- and surfaces (including trim, lift, drag,
faces are required. These tests must in- and feel systems), within the normal
clude the horn or fitting to which the flight envelope, without requiring ex-
control system is attached. ceptional piloting skill or strength.
(b) Compliance with the special fac- Probable malfunctions must have only
tors requirements of §§ 25.619 through minor effects on control system oper-
25.625 and 25.657 for control surface ation and must be capable of being
hinges must be shown by analysis or readily counteracted by the pilot.
individual load tests. (1) Any single failure, excluding jam-
ming (for example, disconnection or
§ 25.655 Installation. failure of mechanical elements, or
(a) Movable tail surfaces must be in- structural failure of hydraulic compo-
stalled so that there is no interference nents, such as actuators, control spool
between any surfaces when one is held housing, and valves).
in its extreme position and the others (2) Any combination of failures not
lhorne on DSKJLZT7X2PROD with CFR

are operated through their full angular shown to be extremely improbable, ex-
movement. cluding jamming (for example, dual

267

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00277 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.672 14 CFR Ch. I (1–1–22 Edition)

electrical or hydraulic system failures, (1) The airplane is safely controllable


or any single failure in combination when the failure or malfunction occurs
with any probable hydraulic or elec- at any speed or altitude within the ap-
trical failure). proved operating limitations that is
(3) Any jam in a control position nor- critical for the type of failure being
mally encountered during takeoff, considered;
climb, cruise, normal turns, descent, (2) The controllability and maneuver-
and landing unless the jam is shown to ability requirements of this part are
be extremely improbable, or can be al- met within a practical operational
leviated. A runaway of a flight control flight envelope (for example, speed, al-
to an adverse position and jam must be titude, normal acceleration, and air-
accounted for if such runaway and sub- plane configurations) which is de-
sequent jamming is not extremely im- scribed in the Airplane Flight Manual;
probable. and
(d) The airplane must be designed so (3) The trim, stability, and stall char-
that it is controllable if all engines acteristics are not impaired below a
fail. Compliance with this requirement level needed to permit continued safe
may be shown by analysis where that flight and landing.
method has been shown to be reliable.
[Amdt. 25–23, 35 FR 5675 Apr. 8, 1970]
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–23, 35 FR 5674, Apr. 8,
§ 25.675 Stops.
1970]
(a) Each control system must have
§ 25.672 Stability augmentation and stops that positively limit the range of
automatic and power-operated sys- motion of each movable aerodynamic
tems. surface controlled by the system.
If the functioning of stability aug- (b) Each stop must be located so that
mentation or other automatic or wear, slackness, or take-up adjust-
power-operated systems is necessary to ments will not adversely affect the
show compliance with the flight char- control characteristics of the airplane
acteristics requirements of this part, because of a change in the range of sur-
such systems must comply with § 25.671 face travel.
and the following: (c) Each stop must be able to with-
(a) A warning which is clearly distin- stand any loads corresponding to the
guishable to the pilot under expected design conditions for the control sys-
flight conditions without requiring his tem.
attention must be provided for any
failure in the stability augmentation [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
system or in any other automatic or amended by Amdt. 25–38, 41 FR 55466, Dec. 20,
1976]
power-operated system which could re-
sult in an unsafe condition if the pilot
§ 25.677 Trim systems.
were not aware of the failure. Warning
systems must not activate the control (a) Trim controls must be designed to
systems. prevent inadvertent or abrupt oper-
(b) The design of the stability aug- ation and to operate in the plane, and
mentation system or of any other auto- with the sense of motion, of the air-
matic or power-operated system must plane.
permit initial counteraction of failures (b) There must be means adjacent to
of the type specified in § 25.671(c) with- the trim control to indicate the direc-
out requiring exceptional pilot skill or tion of the control movement relative
strength, by either the deactivation of to the airplane motion. In addition,
the system, or a failed portion thereof, there must be clearly visible means to
or by overriding the failure by move- indicate the position of the trim device
ment of the flight controls in the nor- with respect to the range of adjust-
mal sense. ment. The indicator must be clearly
(c) It must be shown that after any marked with the range within which it
single failure of the stability aug- has been demonstrated that takeoff is
lhorne on DSKJLZT7X2PROD with CFR

mentation system or any other auto- safe for all center of gravity positions
matic or power-operated system— approved for takeoff.

268

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00278 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.689

(c) Trim control systems must be de- in normal operation, the system is free
signed to prevent creeping in flight. from—
Trim tab controls must be irreversible (1) Jamming;
unless the tab is appropriately bal- (2) Excessive friction; and
anced and shown to be free from flut- (3) Excessive deflection.
ter. (b) It must be shown by analysis and,
(d) If an irreversible tab control sys- where necessary, by tests, that in the
tem is used, the part from the tab to presence of deflections of the airplane
the attachment of the irreversible unit structure due to the separate applica-
to the airplane structure must consist tion of pitch, roll, and yaw limit ma-
of a rigid connection. neuver loads, the control system, when
loaded to obtain these limit loads and
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–23, 35 FR 5675, Apr. 8, operated within its operational range
1970; Amdt. 25–115, 69 FR 40527, July 2, 2004] of deflections, can be exercised about
all control axes and remain free from—
§ 25.679 Control system gust locks. (1) Jamming;
(a) There must be a device to prevent (2) Excessive friction;
damage to the control surfaces (includ- (3) Disconnection; and
ing tabs), and to the control system, (4) Any form of permanent damage.
from gusts striking the airplane while (c) It must be shown that under vi-
it is on the ground or water. If the de- bration loads in the normal flight and
vice, when engaged, prevents normal ground operating conditions, no hazard
operation of the control surfaces by the can result from interference or contact
pilot, it must— with adjacent elements.
(1) Automatically disengage when the [Amdt. 25–139, 79 FR 59430, Oct. 2, 2014]
pilot operates the primary flight con-
trols in a normal manner; or § 25.685 Control system details.
(2) Limit the operation of the air- (a) Each detail of each control sys-
plane so that the pilot receives unmis- tem must be designed and installed to
takable warning at the start of takeoff. prevent jamming, chafing, and inter-
(b) The device must have means to ference from cargo, passengers, loose
preclude the possibility of it becoming objects, or the freezing of moisture.
inadvertently engaged in flight. (b) There must be means in the cock-
pit to prevent the entry of foreign ob-
§ 25.681 Limit load static tests. jects into places where they would jam
(a) Compliance with the limit load the system.
requirements of this Part must be (c) There must be means to prevent
shown by tests in which— the slapping of cables or tubes against
(1) The direction of the test loads other parts.
produces the most severe loading in the (d) Sections 25.689 and 25.693 apply to
control system; and cable systems and joints.
(2) Each fitting, pulley, and bracket [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
used in attaching the system to the amended by Amdt. 25–38, 41 FR 55466, Dec. 20,
main structure is included. 1976]
(b) Compliance must be shown (by
analyses or individual load tests) with § 25.689 Cable systems.
the special factor requirements for (a) Each cable, cable fitting, turn-
control system joints subject to angu- buckle, splice, and pulley must be ap-
lar motion. proved. In addition—
(1) No cable smaller than 1⁄8 inch in
§ 25.683 Operation tests. diameter may be used in the aileron,
(a) It must be shown by operation elevator, or rudder systems; and
tests that when portions of the control (2) Each cable system must be de-
system subject to pilot effort loads are signed so that there will be no haz-
loaded to 80 percent of the limit load ardous change in cable tension
specified for the system and the pow- throughout the range of travel under
lhorne on DSKJLZT7X2PROD with CFR

ered portions of the control system are operating conditions and temperature
loaded to the maximum load expected variations.

269

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00279 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.693 14 CFR Ch. I (1–1–22 Edition)

(b) Each kind and size of pulley must (c) The rate of motion of the surfaces
correspond to the cable with which it is in response to the operation of the con-
used. Pulleys and sprockets must have trol and the characteristics of the
closely fitted guards to prevent the ca- automatic positioning or load limiting
bles and chains from being displaced or device must give satisfactory flight
fouled. Each pulley must lie in the and performance characteristics under
plane passing through the cable so that steady or changing conditions of air-
the cable does not rub against the pul- speed, engine power, and airplane atti-
ley flange. tude.
(c) Fairleads must be installed so (d) The lift device control must be
that they do not cause a change in designed to retract the surfaces from
cable direction of more than three de- the fully extended position, during
grees. steady flight at maximum continuous
(d) Clevis pins subject to load or mo- engine power at any speed below VF +
tion and retained only by cotter pins 9.0 (knots).
may not be used in the control system. [Amdt. 25–23, 35 FR 5675, Apr. 8, 1970, as
(e) Turnbuckles must be attached to amended by Amdt. 25–46, 43 FR 50595, Oct. 30,
parts having angular motion in a man- 1978; Amdt. 25–57, 49 FR 6848, Feb. 23, 1984]
ner that will positively prevent binding
throughout the range of travel. § 25.699 Lift and drag device indicator.
(f) There must be provisions for vis- (a) There must be means to indicate
ual inspection of fairleads, pulleys, ter- to the pilots the position of each lift or
minals, and turnbuckles. drag device having a separate control
in the cockpit to adjust its position. In
§ 25.693 Joints. addition, an indication of unsymmet-
Control system joints (in push-pull rical operation or other malfunction in
systems) that are subject to angular the lift or drag device systems must be
motion, except those in ball and roller provided when such indication is nec-
bearing systems, must have a special essary to enable the pilots to prevent
factor of safety of not less than 3.33 or counteract an unsafe flight or
with respect to the ultimate bearing ground condition, considering the ef-
strength of the softest material used as fects on flight characteristics and per-
a bearing. This factor may be reduced formance.
to 2.0 for joints in cable control sys- (b) There must be means to indicate
tems. For ball or roller bearings, the to the pilots the takeoff, en route, ap-
approved ratings may not be exceeded. proach, and landing lift device posi-
tions.
[Amdt. 25–72, 55 FR 29777, July 20, 1990]
(c) If any extension of the lift and
§ 25.697 Lift and drag devices, con- drag devices beyond the landing posi-
trols. tion is possible, the controls must be
clearly marked to identify this range
(a) Each lift device control must be of extension.
designed so that the pilots can place
the device in any takeoff, en route, ap- [Amdt. 25–23, 35 FR 5675, Apr. 8, 1970]
proach, or landing position established
under § 25.101(d). Lift and drag devices § 25.701 Flap and slat interconnection.
must maintain the selected positions, (a) Unless the airplane has safe flight
except for movement produced by an characteristics with the flaps or slats
automatic positioning or load limiting retracted on one side and extended on
device, without further attention by the other, the motion of flaps or slats
the pilots. on opposite sides of the plane of sym-
(b) Each lift and drag device control metry must be synchronized by a me-
must be designed and located to make chanical interconnection or approved
inadvertent operation improbable. Lift equivalent means.
and drag devices intended for ground (b) If a wing flap or slat interconnec-
operation only must have means to tion or equivalent means is used, it
prevent the inadvertant operation of must be designed to account for the ap-
lhorne on DSKJLZT7X2PROD with CFR

their controls in flight if that oper- plicable unsymmetrical loads, includ-


ation could be hazardous. ing those resulting from flight with the

270

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00280 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.723

engines on one side of the plane of sym- weights, altitudes, and temperatures
metry inoperative and the remaining for which certification is requested.
engines at takeoff power. [Amdt. 25–42, 43 FR 2323, Jan. 16, 1978]
(c) For airplanes with flaps or slats
that are not subjected to slipstream LANDING GEAR
conditions, the structure must be de-
signed for the loads imposed when the § 25.721 General.
wing flaps or slats on one side are car- (a) The landing gear system must be
rying the most severe load occurring in designed so that when it fails due to
the prescribed symmetrical conditions overloads during takeoff and landing,
and those on the other side are car- the failure mode is not likely to cause
rying not more than 80 percent of that spillage of enough fuel to constitute a
load. fire hazard. The overloads must be as-
(d) The interconnection must be de- sumed to act in the upward and aft di-
signed for the loads resulting when rections in combination with side loads
interconnected flap or slat surfaces on acting inboard and outboard. In the ab-
one side of the plane of symmetry are sence of a more rational analysis, the
jammed and immovable while the sur- side loads must be assumed to be up to
faces on the other side are free to move 20 percent of the vertical load or 20 per-
and the full power of the surface actu- cent of the drag load, whichever is
ating system is applied. greater.
(b) The airplane must be designed to
[Amdt. 25–72, 55 FR 29777, July 20, 1990] avoid any rupture leading to the spill-
age of enough fuel to constitute a fire
§ 25.703 Takeoff warning system. hazard as a result of a wheels-up land-
A takeoff warning system must be in- ing on a paved runway, under the fol-
stalled and must meet the following re- lowing minor crash landing conditions:
quirements: (1) Impact at 5 feet-per-second
(a) The system must provide to the vertical velocity, with the airplane
pilots an aural warning that is auto- under control, at Maximum Design
matically activated during the initial Landing Weight—
(i) With the landing gear fully re-
portion of the takeoff roll if the air-
tracted; and
plane is in a configuration, including
(ii) With any one or more landing
any of the following, that would not
gear legs not extended.
allow a safe takeoff:
(2) Sliding on the ground, with—
(1) The wing flaps or leading edge de- (i) The landing gear fully retracted
vices are not within the approved range and with up to a 20° yaw angle; and
of takeoff positions. (ii) Any one or more landing gear
(2) Wing spoilers (except lateral con- legs not extended and with 0° yaw
trol spoilers meeting the requirements angle.
of § 25.671), speed brakes, or longitu- (c) For configurations where the en-
dinal trim devices are in a position gine nacelle is likely to come into con-
that would not allow a safe takeoff. tact with the ground, the engine pylon
(b) The warning required by para- or engine mounting must be designed
graph (a) of this section must continue so that when it fails due to overloads
until— (assuming the overloads to act pre-
(1) The configuration is changed to dominantly in the upward direction
allow a safe takeoff; and separately, predominantly in the
(2) Action is taken by the pilot to aft direction), the failure mode is not
terminate the takeoff roll; likely to cause the spillage of enough
(3) The airplane is rotated for take- fuel to constitute a fire hazard.
off; or [Amdt. 25–139, 79 FR 59430, Oct. 2, 2014]
(4) The warning is manually deacti-
vated by the pilot. § 25.723 Shock absorption tests.
(c) The means used to activate the (a) The analytical representation of
lhorne on DSKJLZT7X2PROD with CFR

system must function properly the landing gear dynamic characteris-


throughout the ranges of takeoff tics that is used in determining the

271

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00281 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§§ 25.725–25.727 14 CFR Ch. I (1–1–22 Edition)

landing loads must be validated by en- flaps in the approach position at design
ergy absorption tests. A range of tests landing weight), and
must be conducted to ensure that the (iii) Any load factor up to those spec-
analytical representation is valid for ified in § 25.345(a) for the wing-flaps ex-
the design conditions specified in tended condition.
§ 25.473. (2) Unless there are other means to
(1) The configurations subjected to decelerate the airplane in flight at this
energy absorption tests at limit design speed, the landing gear, the retracting
conditions must include at least the mechanism, and the airplane structure
design landing weight or the design (including wheel well doors) must be
takeoff weight, whichever produces the designed to withstand the flight loads
greater value of landing impact energy. occurring with the landing gear in the
(2) The test attitude of the landing extended position at any speed up to
gear unit and the application of appro- 0.67 VC.
priate drag loads during the test must (3) Landing gear doors, their oper-
simulate the airplane landing condi- ating mechanism, and their supporting
tions in a manner consistent with the structures must be designed for the
development of rational or conserv- yawing maneuvers prescribed for the
ative limit loads. airplane in addition to the conditions
(b) The landing gear may not fail in of airspeed and load factor prescribed
a test, demonstrating its reserve en- in paragraphs (a)(1) and (2) of this sec-
ergy absorption capacity, simulating a tion.
descent velocity of 12 f.p.s. at design (b) Landing gear lock. There must be
landing weight, assuming airplane lift positive means to keep the landing
not greater than airplane weight act- gear extended in flight and on the
ing during the landing impact. ground. There must be positive means
(c) In lieu of the tests prescribed in to keep the landing gear and doors in
this section, changes in previously ap- the correct retracted position in flight,
proved design weights and minor unless it can be shown that lowering of
changes in design may be substantiated the landing gear or doors, or flight
by analyses based on previous tests with the landing gear or doors ex-
conducted on the same basic landing tended, at any speed, is not hazardous.
gear system that has similar energy (c) Emergency operation. There must
absorption characteristics. be an emergency means for extending
the landing gear in the event of—
[Doc. No. 1999–5835, 66 FR 27394, May 16, 2001] (1) Any reasonably probable failure in
the normal retraction system; or
§§ 25.725–25.727 [Reserved] (2) The failure of any single source of
hydraulic, electric, or equivalent en-
§ 25.729 Retracting mechanism.
ergy supply.
(a) General. For airplanes with re- (d) Operation test. The proper func-
tractable landing gear, the following tioning of the retracting mechanism
apply: must be shown by operation tests.
(1) The landing gear retracting mech- (e) Position indicator and warning de-
anism, wheel well doors, and sup- vice. If a retractable landing gear is
porting structure, must be designed used, there must be a landing gear po-
for— sition indicator easily visible to the
(i) The loads occurring in the flight pilot or to the appropriate crew mem-
conditions when the gear is in the re- bers (as well as necessary devices to ac-
tracted position, tuate the indicator) to indicate with-
(ii) The combination of friction out ambiguity that the retractable
loads, inertia loads, brake torque loads, units and their associated doors are se-
air loads, and gyroscopic loads result- cured in the extended (or retracted) po-
ing from the wheels rotating at a pe- sition. The means must be designed as
ripheral speed equal to 1.23VSR (with follows:
the wing-flaps in take-off position at (1) If switches are used, they must be
design take-off weight), occurring dur- located and coupled to the landing gear
lhorne on DSKJLZT7X2PROD with CFR

ing retraction and extension at any mechanical systems in a manner that


airspeed up to 1.5 VSR1 (with the wing- prevents an erroneous indication of

272

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00282 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.733

‘‘down and locked’’ if the landing gear corresponding static ground reaction
is not in a fully extended position, or of with—
‘‘up and locked’’ if the landing gear is (1) Design maximum weight; and
not in the fully retracted position. The (2) Critical center of gravity.
switches may be located where they (c) The maximum limit load rating of
are operated by the actual landing gear each wheel must equal or exceed the
locking latch or device. maximum radial limit load determined
(2) The flightcrew must be given an under the applicable ground load re-
aural warning that functions continu- quirements of this part.
ously, or is periodically repeated, if a (d) Overpressure burst prevention.
landing is attempted when the landing Means must be provided in each wheel
gear is not locked down. to prevent wheel failure and tire burst
(3) The warning must be given in suf- that may result from excessive pressur-
ficient time to allow the landing gear ization of the wheel and tire assembly.
to be locked down or a go-around to be (e) Braked wheels. Each braked wheel
made. must meet the applicable requirements
(4) There must not be a manual shut- of § 25.735.
off means readily available to the
flightcrew for the warning required by [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
paragraph (e)(2) of this section such amended by Amdt. 25–72, 55 FR 29777, July 20,
1990; Amdt. 25–107, 67 FR 20420, Apr. 24, 2002]
that it could be operated instinctively,
inadvertently, or by habitual reflexive § 25.733 Tires.
action.
(5) The system used to generate the (a) When a landing gear axle is fitted
aural warning must be designed to with a single wheel and tire assembly,
minimize false or inappropriate alerts. the wheel must be fitted with a suit-
(6) Failures of systems used to in- able tire of proper fit with a speed rat-
hibit the landing gear aural warning, ing approved by the Administrator
that would prevent the warning system that is not exceeded under critical con-
from operating, must be improbable. ditions and with a load rating approved
(7) A flightcrew alert must be pro- by the Administrator that is not ex-
vided whenever the landing gear posi- ceeded under—
tion is not consistent with the landing (1) The loads on the main wheel tire,
gear selector lever position. corresponding to the most critical
(f) Protection of equipment on landing combination of airplane weight (up to
gear and in wheel wells. Equipment that maximum weight) and center of grav-
is essential to the safe operation of the ity position, and
airplane and that is located on the (2) The loads corresponding to the
landing gear and in wheel wells must ground reactions in paragraph (b) of
be protected from the damaging effects this section, on the nose wheel tire, ex-
of— cept as provided in paragraphs (b)(2)
(1) A bursting tire; and (b)(3) of this section.
(2) A loose tire tread, unless it is (b) The applicable ground reactions
shown that a loose tire tread cannot for nose wheel tires are as follows:
cause damage. (1) The static ground reaction for the
(3) Possible wheel brake tempera- tire corresponding to the most critical
tures. combination of airplane weight (up to
maximum ramp weight) and center of
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–23, 35 FR 5676, Apr. 8, gravity position with a force of 1.0g
1970; Amdt. 25–42, 43 FR 2323, Jan. 16, 1978; acting downward at the center of grav-
Amdt. 25–72, 55 FR 29777, July 20, 1990; Amdt. ity. This load may not exceed the load
25–75, 56 FR 63762, Dec. 5, 1991; Amdt. 25–136, rating of the tire.
77 FR 1617, Jan. 11, 2012] (2) The ground reaction of the tire
corresponding to the most critical
§ 25.731 Wheels. combination of airplane weight (up to
(a) Each main and nose wheel must maximum landing weight) and center
be approved. of gravity position combined with
lhorne on DSKJLZT7X2PROD with CFR

(b) The maximum static load rating forces of 1.0g downward and 0.31g for-
of each wheel may not be less than the ward acting at the center of gravity.

273

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00283 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.735 14 CFR Ch. I (1–1–22 Edition)

The reactions in this case must be dis- shown that the tire liner material will
tributed to the nose and main wheels not produce a volatile gas when heated
by the principles of statics with a drag or that means are provided to prevent
reaction equal to 0.31 times the tire temperatures from reaching unsafe
vertical load at each wheel with brakes levels.
capable of producing this ground reac-
[Amdt. 25–48, 44 FR 68752, Nov. 29, 1979; Amdt.
tion. This nose tire load may not ex- 25–72, 55 FR 29777, July 20, 1990, as amended
ceed 1.5 times the load rating of the by Amdt. 25–78, 58 FR 11781, Feb. 26, 1993]
tire.
(3) The ground reaction of the tire § 25.735 Brakes and braking systems.
corresponding to the most critical
(a) Approval. Each assembly con-
combination of airplane weight (up to
sisting of a wheel(s) and brake(s) must
maximum ramp weight) and center of
be approved.
gravity position combined with forces
(b) Brake system capability. The brake
of 1.0g downward and 0.20g forward act-
system, associated systems and compo-
ing at the center of gravity. The reac-
nents must be designed and con-
tions in this case must be distributed
structed so that:
to the nose and main wheels by the
principles of statics with a drag reac- (1) If any electrical, pneumatic, hy-
tion equal to 0.20 times the vertical draulic, or mechanical connecting or
load at each wheel with brakes capable transmitting element fails, or if any
of producing this ground reaction. This single source of hydraulic or other
nose tire load may not exceed 1.5 times brake operating energy supply is lost,
the load rating of the tire. it is possible to bring the airplane to
(c) When a landing gear axle is fitted rest with a braked roll stopping dis-
with more than one wheel and tire as- tance of not more than two times that
sembly, such as dual or dual-tandem, obtained in determining the landing
each wheel must be fitted with a suit- distance as prescribed in § 25.125.
able tire of proper fit with a speed rat- (2) Fluid lost from a brake hydraulic
ing approved by the Administrator system following a failure in, or in the
that is not exceeded under critical con- vicinity of, the brakes is insufficient to
ditions, and with a load rating ap- cause or support a hazardous fire on
proved by the Administrator that is the ground or in flight.
not exceeded by— (c) Brake controls. The brake controls
(1) The loads on each main wheel must be designed and constructed so
tire, corresponding to the most critical that:
combination of airplane weight (up to (1) Excessive control force is not re-
maximum weight) and center of grav- quired for their operation.
ity position, when multiplied by a fac- (2) If an automatic braking system is
tor of 1.07; and installed, means are provided to:
(2) Loads specified in paragraphs (i) Arm and disarm the system, and
(a)(2), (b)(1), (b)(2), and (b)(3) of this (ii) Allow the pilot(s) to override the
section on each nose wheel tire. system by use of manual braking.
(d) Each tire installed on a retract- (d) Parking brake. The airplane must
able landing gear system must, at the have a parking brake control that,
maximum size of the tire type expected when selected on, will, without further
in service, have a clearance to sur- attention, prevent the airplane from
rounding structure and systems that is rolling on a dry and level paved runway
adequate to prevent unintended con- when the most adverse combination of
tact between the tire and any part of maximum thrust on one engine and up
the structure or systems. to maximum ground idle thrust on any,
(e) For an airplane with a maximum or all, other engine(s) is applied. The
certificated takeoff weight of more control must be suitably located or be
than 75,000 pounds, tires mounted on adequately protected to prevent inad-
braked wheels must be inflated with vertent operation. There must be indi-
dry nitrogen or other gases shown to be cation in the cockpit when the parking
inert so that the gas mixture in the brake is not fully released.
lhorne on DSKJLZT7X2PROD with CFR

tire does not contain oxygen in excess (e) Antiskid system. If an antiskid sys-
of 5 percent by volume, unless it can be tem is installed:

274

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00284 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.737

(1) It must operate satisfactorily over (g) Brake condition after high kinetic
the range of expected runway condi- energy dynamometer stop(s). Following
tions, without external adjustment. the high kinetic energy stop dem-
(2) It must, at all times, have pri- onstration(s) required by paragraph (f)
ority over the automatic braking sys- of this section, with the parking brake
tem, if installed. promptly and fully applied for at least
(f) Kinetic energy capacity—(1) Design 3 minutes, it must be demonstrated
landing stop. The design landing stop is that for at least 5 minutes from appli-
an operational landing stop at max- cation of the parking brake, no condi-
imum landing weight. The design land- tion occurs (or has occurred during the
ing stop brake kinetic energy absorp- stop), including fire associated with
tion requirement of each wheel, brake,
the tire or wheel and brake assembly,
and tire assembly must be determined.
that could prejudice the safe and com-
It must be substantiated by dynamom-
eter testing that the wheel, brake and plete evacuation of the airplane.
tire assembly is capable of absorbing (h) Stored energy systems. An indica-
not less than this level of kinetic en- tion to the flightcrew of the usable
ergy throughout the defined wear stored energy must be provided if a
range of the brake. The energy absorp- stored energy system is used to show
tion rate derived from the airplane compliance with paragraph (b)(1) of
manufacturer’s braking requirements this section. The available stored en-
must be achieved. The mean decelera- ergy must be sufficient for:
tion must not be less than 10 fps 2. (1) At least 6 full applications of the
(2) Maximum kinetic energy accelerate- brakes when an antiskid system is not
stop. The maximum kinetic energy ac- operating; and
celerate-stop is a rejected takeoff for (2) Bringing the airplane to a com-
the most critical combination of air- plete stop when an antiskid system is
plane takeoff weight and speed. The ac- operating, under all runway surface
celerate-stop brake kinetic energy ab- conditions for which the airplane is
sorption requirement of each wheel, certificated.
brake, and tire assembly must be de-
(i) Brake wear indicators. Means must
termined. It must be substantiated by
be provided for each brake assembly to
dynamometer testing that the wheel,
indicate when the heat sink is worn to
brake, and tire assembly is capable of
absorbing not less than this level of ki- the permissible limit. The means must
netic energy throughout the defined be reliable and readily visible.
wear range of the brake. The energy (j) Overtemperature burst prevention.
absorption rate derived from the air- Means must be provided in each braked
plane manufacturer’s braking require- wheel to prevent a wheel failure, a tire
ments must be achieved. The mean de- burst, or both, that may result from
celeration must not be less than 6 fps2. elevated brake temperatures. Addition-
(3) Most severe landing stop. The most ally, all wheels must meet the require-
severe landing stop is a stop at the ments of § 25.731(d).
most critical combination of airplane (k) Compatibility. Compatibility of
landing weight and speed. The most se- the wheel and brake assemblies with
vere landing stop brake kinetic energy the airplane and its systems must be
absorption requirement of each wheel, substantiated.
brake, and tire assembly must be de-
termined. It must be substantiated by [Doc. No. FAA–1999–6063, 67 FR 20420, Apr. 24,
dynamometer testing that, at the de- 2002, as amended by Amdt. 25–108, 67 FR
70827, Nov. 26, 2002; 68 FR 1955, Jan. 15, 2003]
clared fully worn limit(s) of the brake
heat sink, the wheel, brake and tire as- § 25.737 Skis.
sembly is capable of absorbing not less
than this level of kinetic energy. The Each ski must be approved. The max-
most severe landing stop need not be imum limit load rating of each ski
considered for extremely improbable must equal or exceed the maximum
failure conditions or if the maximum limit load determined under the appli-
lhorne on DSKJLZT7X2PROD with CFR

kinetic energy accelerate-stop energy cable ground load requirements of this


is more severe. part.

275

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00285 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.751 14 CFR Ch. I (1–1–22 Edition)

FLOATS AND HULLS rain or snow, it will not leak in a man-


ner that will distract the crew or harm
§ 25.751 Main float buoyancy. the structure.
Each main float must have— (e) Vibration and noise characteris-
(a) A buoyancy of 80 percent in excess tics of cockpit equipment may not
of that required to support the max- interfere with safe operation of the air-
imum weight of the seaplane or am- plane.
phibian in fresh water; and
(b) Not less than five watertight com- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–4, 30 FR 6113, Apr. 30,
partments approximately equal in vol-
1965]
ume.
§ 25.753 Main float design. § 25.772 Pilot compartment doors.
Each main float must be approved For an airplane that has a lockable
and must meet the requirements of door installed between the pilot com-
§ 25.521. partment and the passenger compart-
ment:
§ 25.755 Hulls. (a) For airplanes with a maximum
(a) Each hull must have enough wa- passenger seating configuration of
tertight compartments so that, with more than 20 seats, the emergency exit
any two adjacent compartments flood- configuration must be designed so that
ed, the buoyancy of the hull and auxil- neither crewmembers nor passengers
iary floats (and wheel tires, if used) require use of the flightdeck door in
provides a margin of positive stability order to reach the emergency exits pro-
great enough to minimize the prob- vided for them; and
ability of capsizing in rough, fresh (b) Means must be provided to enable
water. flight crewmembers to directly enter
(b) Bulkheads with watertight doors the passenger compartment from the
may be used for communication be- pilot compartment if the cockpit door
tween compartments. becomes jammed.
(c) There must be an emergency
PERSONNEL AND CARGO means to enable a flight attendant to
ACCOMMODATIONS enter the pilot compartment in the
event that the flightcrew becomes in-
§ 25.771 Pilot compartment.
capacitated.
(a) Each pilot compartment and its
equipment must allow the minimum [Doc. No. 24344, 55 FR 29777, July 20, 1990, as
flight crew (established under § 25.1523) amended by Amdt. 25–106, 67 FR 2127, Jan. 15,
2002]
to perform their duties without unrea-
sonable concentration or fatigue. § 25.773 Pilot compartment view.
(b) The primary controls listed in
§ 25.779(a), excluding cables and control (a) Nonprecipitation conditions. For
rods, must be located with respect to nonprecipitation conditions, the fol-
the propellers so that no member of the lowing apply:
minimum flight crew (established (1) Each pilot compartment must be
under § 25.1523), or part of the controls, arranged to give the pilots a suffi-
lies in the region between the plane of ciently extensive, clear, and undis-
rotation of any inboard propeller and torted view, to enable them to safely
the surface generated by a line passing perform any maneuvers within the op-
through the center of the propeller hub erating limitations of the airplane, in-
making an angle of five degrees for- cluding taxiing takeoff, approach, and
ward or aft of the plane of rotation of landing.
the propeller. (2) Each pilot compartment must be
(c) If provision is made for a second free of glare and reflection that could
pilot, the airplane must be controllable interfere with the normal duties of the
with equal safety from either pilot minimum flight crew (established
seat. under § 25.1523). This must be shown in
lhorne on DSKJLZT7X2PROD with CFR

(d) The pilot compartment must be day and night flight tests under non-
constructed so that, when flying in precipitation conditions.

276

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00286 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.773

(b) Precipitation conditions. For pre- (i) Any system failure or combina-
cipitation conditions, the following tion of failures which is not extremely
apply: improbable, in accordance with
(1) The airplane must have a means § 25.1309, under the precipitation condi-
to maintain a clear portion of the tions specified in paragraph (b)(1) of
windshield, during precipitation condi- this section.
tions, sufficient for both pilots to have (ii) An encounter with severe hail,
a sufficiently extensive view along the birds, or insects.
flight path in normal flight attitudes (c) Internal windshield and window
of the airplane. This means must be de- fogging. The airplane must have a
signed to function, without continuous means to prevent fogging of the inter-
attention on the part of the crew, in— nal portions of the windshield and win-
(i) Heavy rain at speeds up to 1.5 VSR1 dow panels over an area which would
with lift and drag devices retracted; provide the visibility specified in para-
and graph (a) of this section under all in-
(ii) The icing conditions specified in ternal and external ambient condi-
Appendix C of this part and the fol- tions, including precipitation condi-
lowing icing conditions specified in Ap- tions, in which the airplane is intended
pendix O of this part, if certification to be operated.
for flight in icing conditions is sought:
(d) Fixed markers or other guides
(A) For airplanes certificated in ac-
must be installed at each pilot station
cordance with § 25.1420(a)(1), the icing
to enable the pilots to position them-
conditions that the airplane is certified
selves in their seats for an optimum
to safely exit following detection.
combination of outside visibility and
(B) For airplanes certificated in ac-
instrument scan. If lighted markers or
cordance with § 25.1420(a)(2), the icing
guides are used they must comply with
conditions that the airplane is certified
to safely operate in and the icing con- the requirements specified in § 25.1381.
ditions that the airplane is certified to (e) Vision systems with transparent dis-
safely exit following detection. plays. A vision system with a trans-
(C) For airplanes certificated in ac- parent display surface located in the
cordance with § 25.1420(a)(3) and for air- pilot’s outside field of view, such as a
planes not subject to § 25.1420, all icing head up-display, head mounted display,
conditions. or other equivalent display, must meet
(2) No single failure of the systems the following requirements in non-
used to provide the view required by precipitation and precipitation condi-
paragraph (b)(1) of this section must tions:
cause the loss of that view by both pi- (1) While the vision system display is
lots in the specified precipitation con- in operation, it must compensate for
ditions. interference with the pilot’s outside
(3) The first pilot must have a win- field of view such that the combination
dow that— of what is visible in the display and
(i) Is openable under the conditions what remains visible through and
prescribed in paragraph (b)(1) of this around it, enables the pilot to perform
section when the cabin is not pressur- the maneuvers and normal duties of
ized; paragraph (a) of this section.
(ii) Provides the view specified in (2) The pilot’s view of the external
paragraph (b)(1) of this section; and scene may not be distorted by the
(iii) Provides sufficient protection transparent display surface or by the
from the elements against impairment vision system imagery. When the vi-
of the pilot’s vision. sion system displays imagery or any
(4) The openable window specified in symbology that is referenced to the im-
paragraph (b)(3) of this section need agery and outside scene topography,
not be provided if it is shown that an including attitude symbology, flight
area of the transparent surface will re- path vector, and flight path angle ref-
main clear sufficient for at least one erence cue, that imagery and sym-
lhorne on DSKJLZT7X2PROD with CFR

pilot to land the airplane safely in the bology must be aligned with, and
event of— scaled to, the external scene.

277

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00287 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.775 14 CFR Ch. I (1–1–22 Edition)

(3) The vision system must provide a of the material used, and the effects of
means to allow the pilot using the dis- temperatures and temperature dif-
play to immediately deactivate and re- ferentials. The windshield and window
activate the vision system imagery, on panels must be capable of withstanding
demand, without removing the pilot’s the maximum cabin pressure differen-
hands from the primary flight controls tial loads combined with critical aero-
or thrust controls. dynamic pressure and temperature ef-
(4) When the vision system is not in fects after any single failure in the in-
operation it may not restrict the pilot stallation or associated systems. It
from performing the maneuvers speci- may be assumed that, after a single
fied in paragraph (a)(1) of this section failure that is obvious to the flight
or the pilot compartment from meet- crew (established under § 25.1523), the
ing the provisions of paragraph (a)(2) of cabin pressure differential is reduced
this section. from the maximum, in accordance with
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
appropriate operating limitations, to
amended by Amdt. 25–23, 35 FR 5676, Apr. 8, allow continued safe flight of the air-
1970; Amdt. 25–46, 43 FR 50595, Oct. 30, 1978; plane with a cabin pressure altitude of
Amdt. 25–72, 55 FR 29778, July 20, 1990; Amdt. not more than 15,000 feet.
25–108, 67 FR 70827, Nov. 26, 2002; Amdt. 25– (e) The windshield panels in front of
121, 72 FR 44669, Aug. 8, 2007; Amdt. 25–136, 77 the pilots must be arranged so that, as-
FR 1618, Jan. 11, 2012; Amdt. 25–140, 79 FR suming the loss of vision through any
65525, Nov. 4, 2014; Docket FAA–2013–0485, one panel, one or more panels remain
Amdt. 25–144, 81 FR 90169, Dec. 13, 2016]
available for use by a pilot seated at a
§ 25.775 Windshields and windows. pilot station to permit continued safe
flight and landing.
(a) Internal panes must be made of
nonsplintering material. [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
(b) Windshield panes directly in front amended by Amdt. 25–23, 35 FR 5676, Apr. 8,
of the pilots in the normal conduct of 1970; Amdt. 25–38, 41 FR 55466, Dec. 20, 1976]
their duties, and the supporting struc-
§ 25.777 Cockpit controls.
tures for these panes, must withstand,
without penetration, the impact of a (a) Each cockpit control must be lo-
four-pound bird when the velocity of cated to provide convenient operation
the airplane (relative to the bird along and to prevent confusion and inad-
the airplane’s flight path) is equal to vertent operation.
the value of VC, at sea level, selected (b) The direction of movement of
under § 25.335(a). cockpit controls must meet the re-
(c) Unless it can be shown by analysis quirements of § 25.779. Wherever prac-
or tests that the probability of occur- ticable, the sense of motion involved in
rence of a critical windshield frag- the operation of other controls must
mentation condition is of a low order, correspond to the sense of the effect of
the airplane must have a means to the operation upon the airplane or
minimize the danger to the pilots from upon the part operated. Controls of a
flying windshield fragments due to bird variable nature using a rotary motion
impact. This must be shown for each must move clockwise from the off posi-
transparent pane in the cockpit that— tion, through an increasing range, to
(1) Appears in the front view of the the full on position.
airplane; (c) The controls must be located and
(2) Is inclined 15 degrees or more to arranged, with respect to the pilots’
the longitudinal axis of the airplane; seats, so that there is full and unre-
and stricted movement of each control
(3) Has any part of the pane located without interference from the cockpit
where its fragmentation will constitute structure or the clothing of the min-
a hazard to the pilots. imum flight crew (established under
(d) The design of windshields and § 25.1523) when any member of this
windows in pressurized airplanes must flight crew, from 5′2″ to 6′3″ in height,
be based on factors peculiar to high al- is seated with the seat belt and shoul-
titude operation, including the effects der harness (if provided) fastened.
lhorne on DSKJLZT7X2PROD with CFR

of continuous and cyclic pressurization (d) Identical powerplant controls for


loadings, the inherent characteristics each engine must be located to prevent

278

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00288 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.781

confusion as to the engines they con- (1) Primary.


trol.
Controls Motion and effect
(e) Wing flap controls and other aux-
iliary lift device controls must be lo- Aileron ......................... Right (clockwise) for right wing
cated on top of the pedestal, aft of the down.
throttles, centrally or to the right of Elevator ....................... Rearward for nose up.
Rudder ......................... Right pedal forward for nose right.
the pedestal centerline, and not less
than 10 inches aft of the landing gear (2) Secondary.
control.
(f) The landing gear control must be Controls Motion and effect
located forward of the throttles and
Flaps (or auxiliary lift Forward for flaps up; rearward for
must be operable by each pilot when devices). flaps down.
seated with seat belt and shoulder har- Trim tabs (or equiva- Rotate to produce similar rotation of
ness (if provided) fastened. lent). the airplane about an axis parallel
(g) Control knobs must be shaped in to the axis of the control.
accordance with § 25.781. In addition,
the knobs must be of the same color, (b) Powerplant and auxiliary con-
and this color must contrast with the trols:
color of control knobs for other pur- (1) Powerplant.
poses and the surrounding cockpit. Controls Motion and effect
(h) If a flight engineer is required as
part of the minimum flight crew (es- Power or thrust ............ Forward to increase forward thrust
and rearward to increase rear-
tablished under § 25.1523), the airplane ward thrust.
must have a flight engineer station lo- Propellers .................... Forward to increase rpm.
cated and arranged so that the flight Mixture ......................... Forward or upward for rich.
crewmembers can perform their func- Carburetor air heat ...... Forward or upward for cold.
Supercharger ............... Forward or upward for low blower.
tions efficiently and without inter- For turbosuperchargers, forward,
fering with each other. upward, or clockwise, to increase
pressure.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–46, 43 FR 50596, Oct. 30,
1978] (2) Auxiliary.
Controls Motion and effect
§ 25.779 Motion and effect of cockpit
controls. Landing gear ............... Down to extend.
Cockpit controls must be designed so
that they operate in accordance with [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
the following movement and actuation: amended by Amdt. 25–72, 55 FR 29778, July 20,
(a) Aerodynamic controls: 1990]

§ 25.781 Cockpit control knob shape.


Cockpit control knobs must conform to the general shapes (but not necessarily
the exact sizes or specific proportions) in the following figure:
lhorne on DSKJLZT7X2PROD with CFR

279

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00289 Fmt 8010 Sfmt 8016 Y:\SGML\256046.XXX 256046
§ 25.783 14 CFR Ch. I (1–1–22 Edition)

[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as amended by Amdt. 25–72, 55 FR 29779, July 20, 1990]

§ 25.783 Fuselage doors. tion as a secondary bulkhead under the


prescribed failure conditions of part 25.
(a) General. This section applies to fu-
These doors must meet the require-
selage doors, which includes all doors, ments of this section, taking into ac-
hatches, openable windows, access pan- count both pressurized and unpres-
els, covers, etc., on the exterior of the surized flight, and must be designed as
fuselage that do not require the use of follows:
tools to open or close. This also applies (1) Each door must have means to
to each door or hatch through a pres- safeguard against opening in flight as a
lhorne on DSKJLZT7X2PROD with CFR

sure bulkhead, including any bulkhead result of mechanical failure, or failure


that is specifically designed to func- of any single structural element.

280
EC28SE91.048</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00290 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.783

(2) Each door that could be a hazard cated pressurization prevention means
if it unlatches must be designed so that if, from every possible position of the
unlatching during pressurized and un- door, it will remain open to the extent
pressurized flight from the fully closed, that it prevents pressurization or safe-
latched, and locked condition is ex- ly close and latch as pressurization
tremely improbable. This must be takes place. This must also be shown
shown by safety analysis. with any single failure and malfunc-
(3) Each element of each door oper- tion, except that—
ating system must be designed or, (i) With failures or malfunctions in
where impracticable, distinctively and the latching mechanism, it need not
permanently marked, to minimize the latch after closing; and
probability of incorrect assembly and (ii) With jamming as a result of me-
adjustment that could result in a mal- chanical failure or blocking debris, the
function. door need not close and latch if it can
(4) All sources of power that could be shown that the pressurization loads
initiate unlocking or unlatching of any on the jammed door or mechanism
door must be automatically isolated would not result in an unsafe condi-
from the latching and locking systems tion.
prior to flight and it must not be pos- (d) Latching and locking. The latching
sible to restore power to the door dur- and locking mechanisms must be de-
ing flight. signed as follows:
(5) Each removable bolt, screw, nut, (1) There must be a provision to latch
pin, or other removable fastener must each door.
meet the locking requirements of
(2) The latches and their operating
§ 25.607.
mechanism must be designed so that,
(6) Certain doors, as specified by
under all airplane flight and ground
§ 25.807(h), must also meet the applica-
loading conditions, with the door
ble requirements of §§ 25.809 through
latched, there is no force or torque
25.812 for emergency exits.
tending to unlatch the latches. In addi-
(b) Opening by persons. There must be
tion, the latching system must include
a means to safeguard each door against
a means to secure the latches in the
opening during flight due to inad-
latched position. This means must be
vertent action by persons. In addition,
independent of the locking system.
design precautions must be taken to
minimize the possibility for a person to (3) Each door subject to pressuriza-
open a door intentionally during flight. tion, and for which the initial opening
If these precautions include the use of movement is not inward, must—
auxiliary devices, those devices and (i) Have an individual lock for each
their controlling systems must be de- latch;
signed so that— (ii) Have the lock located as close as
(1) No single failure will prevent practicable to the latch; and
more than one exit from being opened; (iii) Be designed so that, during pres-
and surized flight, no single failure in the
(2) Failures that would prevent open- locking system would prevent the
ing of the exit after landing are im- locks from restraining the latches nec-
probable. essary to secure the door.
(c) Pressurization prevention means. (4) Each door for which the initial
There must be a provision to prevent opening movement is inward, and
pressurization of the airplane to an un- unlatching of the door could result in a
safe level if any door subject to pres- hazard, must have a locking means to
surization is not fully closed, latched, prevent the latches from becoming dis-
and locked. engaged. The locking means must en-
(1) The provision must be designed to sure sufficient latching to prevent
function after any single failure, or opening of the door even with a single
after any combination of failures not failure of the latching mechanism.
shown to be extremely improbable. (5) It must not be possible to position
(2) Doors that meet the conditions the lock in the locked position if the
lhorne on DSKJLZT7X2PROD with CFR

described in paragraph (h) of this sec- latch and the latching mechanism are
tion are not required to have a dedi- not in the latched position.

281

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00291 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.783 14 CFR Ch. I (1–1–22 Edition)

(6) It must not be possible to unlatch lighting conditions, or by means of a


the latches with the locks in the flashlight or equivalent light source.
locked position. Locks must be de- (g) Certain maintenance doors, remov-
signed to withstand the limit loads re- able emergency exits, and access panels.
sulting from— Some doors not normally opened ex-
(i) The maximum operator effort cept for maintenance purposes or emer-
when the latches are operated manu- gency evacuation and some access pan-
ally; els need not comply with certain para-
(ii) The powered latch actuators, if graphs of this section as follows:
installed; and (1) Access panels that are not subject
(iii) The relative motion between the to cabin pressurization and would not
latch and the structural counterpart. be a hazard if open during flight need
(7) Each door for which unlatching not comply with paragraphs (a)
would not result in a hazard is not re- through (f) of this section, but must
quired to have a locking mechanism have a means to prevent inadvertent
meeting the requirements of para- opening during flight.
graphs (d)(3) through (d)(6) of this sec- (2) Inward-opening removable emer-
tion. gency exits that are not normally re-
(e) Warning, caution, and advisory in- moved, except for maintenance pur-
dications. Doors must be provided with poses or emergency evacuation, and
the following indications: flight deck-openable windows need not
(1) There must be a positive means to comply with paragraphs (c) and (f) of
indicate at each door operator’s station this section.
that all required operations to close, (3) Maintenance doors that meet the
latch, and lock the door(s) have been conditions of paragraph (h) of this sec-
completed. tion, and for which a placard is pro-
(2) There must be a positive means vided limiting use to maintenance ac-
clearly visible from each operator sta- cess, need not comply with paragraphs
tion for any door that could be a haz- (c) and (f) of this section.
ard if unlatched to indicate if the door (h) Doors that are not a hazard. For
is not fully closed, latched, and locked. the purposes of this section, a door is
(3) There must be a visual means on considered not to be a hazard in the un-
the flight deck to signal the pilots if latched condition during flight, pro-
any door is not fully closed, latched, vided it can be shown to meet all of the
and locked. The means must be de- following conditions:
signed such that any failure or com- (1) Doors in pressurized compart-
bination of failures that would result ments would remain in the fully closed
in an erroneous closed, latched, and position if not restrained by the
locked indication is improbable for— latches when subject to a pressure
(i) Each door that is subject to pres- greater than 1⁄2 psi. Opening by persons,
surization and for which the initial either inadvertently or intentionally,
opening movement is not inward; or need not be considered in making this
(ii) Each door that could be a hazard determination.
if unlatched. (2) The door would remain inside the
(4) There must be an aural warning airplane or remain attached to the air-
to the pilots prior to or during the ini- plane if it opens either in pressurized
tial portion of takeoff roll if any door or unpressurized portions of the flight.
is not fully closed, latched, and locked, This determination must include the
and its opening would prevent a safe consideration of inadvertent and inten-
takeoff and return to landing. tional opening by persons during either
(f) Visual inspection provision. Each pressurized or unpressurized portions
door for which unlatching of the door of the flight.
could be a hazard must have a provi- (3) The disengagement of the latches
sion for direct visual inspection to de- during flight would not allow depres-
termine, without ambiguity, if the surization of the cabin to an unsafe
door is fully closed, latched, and level. This safety assessment must in-
lhorne on DSKJLZT7X2PROD with CFR

locked. The provision must be perma- clude the physiological effects on the
nent and discernible under operational occupants.

282

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00292 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.785

(4) The open door during flight would (e) Each berth must be designed so
not create aerodynamic interference that the forward part has a padded end
that could preclude safe flight and board, canvas diaphragm, or equivalent
landing. means, that can withstand the static
(5) The airplane would meet the load reaction of the occupant when
structural design requirements with subjected to the forward inertia force
the door open. This assessment must specified in § 25.561. Berths must be free
include the aeroelastic stability re- from corners and protuberances likely
quirements of § 25.629, as well as the to cause injury to a person occupying
strength requirements of subpart C of the berth during emergency conditions.
this part. (f) Each seat or berth, and its sup-
(6) The unlatching or opening of the porting structure, and each safety belt
door must not preclude safe flight and or harness and its anchorage must be
landing as a result of interaction with designed for an occupant weight of 170
other systems or structures. pounds, considering the maximum load
[Doc. No. 2003–14193, 69 FR 24501, May 3, 2004] factors, inertia forces, and reactions
among the occupant, seat, safety belt,
§ 25.785 Seats, berths, safety belts, and and harness for each relevant flight
harnesses. and ground load condition (including
(a) A seat (or berth for a nonambu- the emergency landing conditions pre-
lant person) must be provided for each scribed in § 25.561). In addition—
occupant who has reached his or her (1) The structural analysis and test-
second birthday. ing of the seats, berths, and their sup-
(b) Each seat, berth, safety belt, har- porting structures may be determined
ness, and adjacent part of the airplane by assuming that the critical load in
at each station designated as occupi- the forward, sideward, downward, up-
able during takeoff and landing must ward, and rearward directions (as de-
be designed so that a person making termined from the prescribed flight,
proper use of these facilities will not ground, and emergency landing condi-
suffer serious injury in an emergency tions) acts separately or using selected
landing as a result of the inertia forces combinations of loads if the required
specified in §§ 25.561 and 25.562. strength in each specified direction is
(c) Each seat or berth must be ap- substantiated. The forward load factor
proved. need not be applied to safety belts for
(d) Each occupant of a seat that berths.
makes more than an 18-degree angle (2) Each pilot seat must be designed
with the vertical plane containing the for the reactions resulting from the ap-
airplane centerline must be protected plication of the pilot forces prescribed
from head injury by a safety belt and in § 25.395.
an energy absorbing rest that will sup- (3) The inertia forces specified in
port the arms, shoulders, head, and § 25.561 must be multiplied by a factor
spine, or by a safety belt and shoulder of 1.33 (instead of the fitting factor pre-
harness that will prevent the head scribed in § 25.625) in determining the
from contacting any injurious object. strength of the attachment of each
Each occupant of any other seat must seat to the structure and each belt or
be protected from head injury by a harness to the seat or structure.
safety belt and, as appropriate to the (g) Each seat at a flight deck station
type, location, and angle of facing of must have a restraint system con-
each seat, by one or more of the fol- sisting of a combined safety belt and
lowing: shoulder harness with a single-point re-
(1) A shoulder harness that will pre- lease that permits the flight deck occu-
vent the head from contacting any in- pant, when seated with the restraint
jurious object. system fastened, to perform all of the
(2) The elimination of any injurious occupant’s necessary flight deck func-
object within striking radius of the tions. There must be a means to secure
head. each combined restraint system when
(3) An energy absorbing rest that will not in use to prevent interference with
lhorne on DSKJLZT7X2PROD with CFR

support the arms, shoulders, head, and the operation of the airplane and with
spine. rapid egress in an emergency.

283

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00293 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.787 14 CFR Ch. I (1–1–22 Edition)

(h) Each seat located in the pas- ducting the necessary enroute inspec-
senger compartment and designated for tion.
use during takeoff and landing by a
[Amdt. 25–72, 55 FR 29780, July 20, 1990, as
flight attendant required by the oper- amended by Amdt. 25–88, 61 FR 57956, Nov. 8,
ating rules of this chapter must be: 1996]
(1) Near a required floor level emer-
gency exit, except that another loca- § 25.787 Stowage compartments.
tion is acceptable if the emergency (a) Each compartment for the stow-
egress of passengers would be enhanced age of cargo, baggage, carry-on arti-
with that location. A flight attendant cles, and equipment (such as life rafts),
seat must be located adjacent to each and any other stowage compartment,
Type A or B emergency exit. Other must be designed for its placarded max-
flight attendant seats must be evenly imum weight of contents and for the
distributed among the required floor- critical load distribution at the appro-
level emergency exits to the extent priate maximum load factors cor-
feasible. responding to the specified flight and
(2) To the extent possible, without ground load conditions, and to those
compromising proximity to a required emergency landing conditions of
floor level emergency exit, located to § 25.561(b)(3) for which the breaking
provide a direct view of the cabin area loose of the contents of such compart-
for which the flight attendant is re- ments in the specified direction could—
sponsible. (1) Cause direct injury to occupants;
(3) Positioned so that the seat will (2) Penetrate fuel tanks or lines or
not interfere with the use of a passage- cause fire or explosion hazard by dam-
way or exit when the seat is not in use. age to adjacent systems; or
(4) Located to minimize the prob- (3) Nullify any of the escape facilities
ability that occupants would suffer in- provided for use after an emergency
jury by being struck by items dislodged landing.
from service areas, stowage compart-
ments, or service equipment. If the airplane has a passenger-seating
(5) Either forward or rearward facing configuration, excluding pilot seats, of
with an energy absorbing rest that is 10 seats or more, each stowage com-
designed to support the arms, shoul- partment in the passenger cabin, ex-
ders, head, and spine. cept for under seat and overhead com-
(6) Equipped with a restraint system partments for passenger convenience,
consisting of a combined safety belt must be completely enclosed.
and shoulder harness unit with a single (b) There must be a means to prevent
point release. There must be means to the contents in the compartments from
secure each restraint system when not becoming a hazard by shifting, under
in use to prevent interference with the loads specified in paragraph (a) of
rapid egress in an emergency. this section. For stowage compart-
(i) Each safety belt must be equipped ments in the passenger and crew cabin,
with a metal to metal latching device. if the means used is a latched door, the
(j) If the seat backs do not provide a design must take into consideration
firm handhold, there must be a hand- the wear and deterioration expected in
grip or rail along each aisle to enable service.
persons to steady themselves while (c) If cargo compartment lamps are
using the aisles in moderately rough installed, each lamp must be installed
air. so as to prevent contact between lamp
(k) Each projecting object that would bulb and cargo.
injure persons seated or moving about [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
the airplane in normal flight must be amended by Amdt. 25–32, 37 FR 3969, Feb. 24,
padded. 1972; Amdt. 25–38, 41 FR 55466, Dec. 20, 1976;
(l) Each forward observer’s seat re- Amdt. 25–51, 45 FR 7755, Feb. 4, 1980; Amdt.
lhorne on DSKJLZT7X2PROD with CFR

quired by the operating rules must be 25–139, 79 FR 59430, Oct. 2, 2014]


shown to be suitable for use in con-

284

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00294 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.795

§ 25.789 Retention of items of mass in (e) Symbols that clearly express the
passenger and crew compartments intent of the sign or placard may be
and galleys. used in lieu of letters.
(a) Means must be provided to pre- [Amdt. 25–72, 55 FR 29780, July 20, 1990]
vent each item of mass (that is part of
the airplane type design) in a passenger § 25.793 Floor surfaces.
or crew compartment or galley from The floor surface of all areas which
becoming a hazard by shifting under are likely to become wet in service
the appropriate maximum load factors must have slip resistant properties.
corresponding to the specified flight
and ground load conditions, and to the [Amdt. 25–51, 45 FR 7755, Feb. 4, 1980]
emergency landing conditions of
§ 25.561(b). § 25.795 Security considerations.
(b) Each interphone restraint system (a) Protection of flightcrew compart-
must be designed so that when sub- ment. If a flightdeck door is required by
jected to the load factors specified in operating rules:
§ 25.561(b)(3), the interphone will re- (1) The bulkhead, door, and any other
main in its stowed position. accessible boundary separating the
flightcrew compartment from occupied
[Amdt. 25–32, 37 FR 3969, Feb. 24, 1972, as
areas must be designed to resist forc-
amended by Amdt. 25–46, 43 FR 50596, Oct. 30,
1978]
ible intrusion by unauthorized persons
and be capable of withstanding impacts
§ 25.791 Passenger information signs of 300 joules (221.3 foot pounds).
and placards. (2) The bulkhead, door, and any other
accessible boundary separating the
(a) If smoking is to be prohibited,
flightcrew compartment from occupied
there must be at least one placard so areas must be designed to resist a con-
stating that is legible to each person stant 250 pound (1,113 Newtons) tensile
seated in the cabin. If smoking is to be load on accessible handholds, including
allowed, and if the crew compartment the doorknob or handle.
is separated from the passenger com- (3) The bulkhead, door, and any other
partment, there must be at least one boundary separating the flightcrew
sign notifying when smoking is prohib- compartment from any occupied areas
ited. Signs which notify when smoking must be designed to resist penetration
is prohibited must be operable by a by small arms fire and fragmentation
member of the flightcrew and, when il- devices to a level equivalent to level
luminated, must be legible under all IIIa of the National Institute of Justice
probable conditions of cabin illumina- (NIJ) Standard 0101.04.
tion to each person seated in the cabin. (b) Airplanes with a maximum cer-
(b) Signs that notify when seat belts tificated passenger seating capacity of
should be fastened and that are in- more than 60 persons or a maximum
stalled to comply with the operating certificated takeoff gross weight of
rules of this chapter must be operable over 100,000 pounds (45,359 Kilograms)
by a member of the flightcrew and, must be designed to limit the effects of
when illuminated, must be legible an explosive or incendiary device as
under all probable conditions of cabin follows:
illumination to each person seated in (1) Flightdeck smoke protection. Means
the cabin. must be provided to limit entry of
(c) A placard must be located on or smoke, fumes, and noxious gases into
adjacent to the door of each receptacle the flightdeck.
used for the disposal of flammable (2) Passenger cabin smoke protection.
waste materials to indicate that use of Means must be provided to prevent pas-
the receptacle for disposal of ciga- senger incapacitation in the cabin re-
rettes, etc., is prohibited. sulting from smoke, fumes, and nox-
(d) Lavatories must have ‘‘No Smok- ious gases as represented by the initial
ing’’ or ‘‘No Smoking in Lavatory’’ combined volumetric concentrations of
lhorne on DSKJLZT7X2PROD with CFR

placards conspicuously located on or 0.59% carbon monoxide and 1.23% car-


adjacent to each side of the entry door. bon dioxide.

285

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00295 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.795 14 CFR Ch. I (1–1–22 Edition)

(3) Cargo compartment fire suppression. limited by the forward bulkhead and
An extinguishing agent must be capa- the aft bulkhead of the passenger cabin
ble of suppressing a fire. All cargo- and cargo compartment beyond which
compartment fire suppression systems only one-half the sphere is applied.
must be designed to withstand the fol- (ii) Where compliance with paragraph
lowing effects, including support struc- (c)(2)(i) of this section is impracticable,
ture displacements or adjacent mate- other design precautions must be taken
rials displacing against the distribu- to maximize the survivability of those
tion system: systems.
(i) Impact or damage from a 0.5-inch (3) Interior design to facilitate searches.
diameter aluminum sphere traveling at Design features must be incorporated
430 feet per second (131.1 meters per that will deter concealment or promote
second); discovery of weapons, explosives, or
(ii) A 15-pound per square-inch (103.4 other objects from a simple inspection
kPa) pressure load if the projected sur- in the following areas of the airplane
face area of the component is greater cabin:
than 4 square feet. Any single dimen-
(i) Areas above the overhead bins
sion greater than 4 feet (1.22 meters)
must be designed to prevent objects
may be assumed to be 4 feet (1.22 me-
from being hidden from view in a sim-
ters) in length; and
ple search from the aisle. Designs that
(iii) A 6-inch (0.152 meters) displace-
prevent concealment of objects with
ment, except where limited by the fu-
volumes 20 cubic inches and greater
selage contour, from a single point
satisfy this requirement.
force applied anywhere along the dis-
tribution system where relative move- (ii) Toilets must be designed to pre-
ment between the system and its at- vent the passage of solid objects great-
tachment can occur. er than 2.0 inches in diameter.
(iv) Paragraphs (b)(3)(i) through (iii) (iii) Life preservers or their storage
of this section do not apply to compo- locations must be designed so that
nents that are redundant and separated tampering is evident.
in accordance with paragraph (c)(2) of (d) Each chemical oxygen generator
this section or are installed remotely or its installation must be designed to
from the cargo compartment. be secure from deliberate manipulation
(c) An airplane with a maximum cer- by one of the following:
tificated passenger seating capacity of (1) By providing effective resistance
more than 60 persons or a maximum to tampering,
certificated takeoff gross weight of (2) By providing an effective com-
over 100,000 pounds (45,359 Kilograms) bination of resistance to tampering and
must comply with the following: active tamper-evident features,
(1) Least risk bomb location. An air- (3) By installation in a location or
plane must be designed with a des- manner whereby any attempt to access
ignated location where a bomb or other the generator would be immediately
explosive device could be placed to best obvious, or
protect flight-critical structures and (4) By a combination of approaches
systems from damage in the case of specified in paragraphs (d)(1), (d)(2) and
detonation. (d)(3) of this section that the Adminis-
(2) Survivability of systems. (i) Except trator finds provides a secure installa-
where impracticable, redundant air- tion.
plane systems necessary for continued (e) Exceptions. Airplanes used solely
safe flight and landing must be phys- to transport cargo only need to meet
ically separated, at a minimum, by an the requirements of paragraphs (b)(1),
amount equal to a sphere of diameter (b)(3), and (c)(2) of this section.
(f) Material Incorporated by Reference.
D=2 ( H 0 /π ) You must use National Institute of
Justice (NIJ) Standard 0101.04, Ballistic
(where H0 is defined under § 25.365(e)(2) Resistance of Personal Body Armor,
of this part and D need not exceed 5.05 June 2001, Revision A, to establish bal-
lhorne on DSKJLZT7X2PROD with CFR

feet (1.54 meters)). The sphere is ap- listic resistance as required by para-
plied everywhere within the fuselage— graph (a)(3) of this section.

286
ER28OC08.003</MATH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00296 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.807

(1) The Director of the Federal Reg- lowances must be made for probable
ister approved the incorporation by ref- structural damage and leakage. If the
erence of this document under 5 U.S.C. airplane has fuel tanks (with fuel jetti-
552(a) and 1 CFR part 51. soning provisions) that can reasonably
(2) You may review copies of NIJ be expected to withstand a ditching
Standard 0101.04 at the: without leakage, the jettisonable vol-
(i) National Institute of Justice ume of fuel may be considered as buoy-
(NIJ), http://www.ojp.usdoj.gov/nij, tele- ancy volume.
phone (202) 307–2942; or (e) Unless the effects of the collapse
(ii) National Archives and Records of external doors and windows are ac-
Administration (NARA). For informa- counted for in the investigation of the
tion on the availability of this mate- probable behavior of the airplane in a
rial at NARA, call (202) 741–6030, or go water landing (as prescribed in para-
to http://www.archives.gov/federal-reg- graphs (c) and (d) of this section), the
ister/cfr/ibr-locations.html. external doors and windows must be
(3) You may obtain copies of NIJ designed to withstand the probable
Standard 0101.04 from the National maximum local pressures.
Criminal Justice Reference Service, [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
P.O. Box 6000, Rockville, MD 20849–6000, amended by Amdt. 25–72, 55 FR 29781, July 20,
telephone (800) 851–3420. 1990]
[Amdt. 25–127; 121–341, 73 FR 63879, Oct. 28,
2008, as amended at 74 FR 22819, May 15, 2009; § 25.803 Emergency evacuation.
Amdt. 25–138, 79 FR 13519, Mar. 11, 2014; Doc. (a) Each crew and passenger area
No. FAA–2018–0119, Amdt. 25–145, 83 FR 9169, must have emergency means to allow
Mar. 5, 2018] rapid evacuation in crash landings,
with the landing gear extended as well
EMERGENCY PROVISIONS
as with the landing gear retracted, con-
§ 25.801 Ditching. sidering the possibility of the airplane
being on fire.
(a) If certification with ditching pro- (b) [Reserved]
visions is requested, the airplane must (c) For airplanes having a seating ca-
meet the requirements of this section pacity of more than 44 passengers, it
and §§ 25.807(e), 25.1411, and 25.1415(a). must be shown that the maximum
(b) Each practicable design measure, seating capacity, including the number
compatible with the general character- of crewmembers required by the oper-
istics of the airplane, must be taken to ating rules for which certification is
minimize the probability that in an requested, can be evacuated from the
emergency landing on water, the be- airplane to the ground under simulated
havior of the airplane would cause im- emergency conditions within 90 sec-
mediate injury to the occupants or onds. Compliance with this require-
would make it impossible for them to ment must be shown by actual dem-
escape. onstration using the test criteria out-
(c) The probable behavior of the air- lined in appendix J of this part unless
plane in a water landing must be inves- the Administrator finds that a com-
tigated by model tests or by compari- bination of analysis and testing will
son with airplanes of similar configura- provide data equivalent to that which
tion for which the ditching characteris- would be obtained by actual dem-
tics are known. Scoops, flaps, projec- onstration.
tions, and any other factor likely to af- (d)–(e) [Reserved]
fect the hydrodynamic characteristics
of the airplane, must be considered. [Doc. No. 24344, 55 FR 29781, July 20, 1990]
(d) It must be shown that, under rea-
sonably probable water conditions, the § 25.807 Emergency exits.
flotation time and trim of the airplane (a) Type. For the purpose of this part,
will allow the occupants to leave the the types of exits are defined as fol-
airplane and enter the liferafts re- lows:
quired by § 25.1415. If compliance with (1) Type I. This type is a floor-level
lhorne on DSKJLZT7X2PROD with CFR

this provision is shown by buoyancy exit with a rectangular opening of not


and trim computations, appropriate al- less than 24 inches wide by 48 inches

287

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00297 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.807 14 CFR Ch. I (1–1–22 Edition)

high, with corner radii not greater high, with corner radii not greater
than eight inches. than 10 inches.
(2) Type II. This type is a rectangular (b) Step down distance. Step down dis-
opening of not less than 20 inches wide tance, as used in this section, means
by 44 inches high, with corner radii not the actual distance between the bot-
greater than seven inches. Type II exits tom of the required opening and a usa-
must be floor-level exits unless located ble foot hold, extending out from the
over the wing, in which case they must fuselage, that is large enough to be ef-
not have a step-up inside the airplane fective without searching by sight or
of more than 10 inches nor a step-down feel.
outside the airplane of more than 17 (c) Over-sized exits. Openings larger
inches. than those specified in this section,
(3) Type III. This type is a rectan- whether or not of rectangular shape,
gular opening of not less than 20 inches may be used if the specified rectan-
wide by 36 inches high with corner gular opening can be inscribed within
radii not greater than seven inches, the opening and the base of the in-
and with a step-up inside the airplane scribed rectangular opening meets the
of not more than 20 inches. If the exit specified step-up and step-down
is located over the wing, the step-down heights.
outside the airplane may not exceed 27 (d) Asymmetry. Exits of an exit pair
inches. need not be diametrically opposite
(4) Type IV. This type is a rectan- each other nor of the same size; how-
gular opening of not less than 19 inches ever, the number of passenger seats
wide by 26 inches high, with corner permitted under paragraph (g) of this
radii not greater than 6.3 inches, lo- section is based on the smaller of the
cated over the wing, with a step-up in- two exits.
side the airplane of not more than 29 (e) Uniformity. Exits must be distrib-
inches and a step-down outside the air- uted as uniformly as practical, taking
plane of not more than 36 inches. into account passenger seat distribu-
(5) Ventral. This type is an exit from tion.
the passenger compartment through (f) Location. (1) Each required pas-
the pressure shell and the bottom fuse- senger emergency exit must be acces-
lage skin. The dimensions and physical sible to the passengers and located
configuration of this type of exit must where it will afford the most effective
allow at least the same rate of egress means of passenger evacuation.
as a Type I exit with the airplane in (2) If only one floor-level exit per side
the normal ground attitude, with land- is prescribed, and the airplane does not
ing gear extended. have a tailcone or ventral emergency
(6) Tailcone. This type is an aft exit exit, the floor-level exits must be in
from the passenger compartment the rearward part of the passenger
through the pressure shell and through compartment unless another location
an openable cone of the fuselage aft of affords a more effective means of pas-
the pressure shell. The means of open- senger evacuation.
ing the tailcone must be simple and ob- (3) If more than one floor-level exit
vious and must employ a single oper- per side is prescribed, and the airplane
ation. does not have a combination cargo and
(7) Type A. This type is a floor-level passenger configuration, at least one
exit with a rectangular opening of not floor-level exit must be located in each
less than 42 inches wide by 72 inches side near each end of the cabin.
high, with corner radii not greater (4) For an airplane that is required to
than seven inches. have more than one passenger emer-
(8) Type B. This type is a floor-level gency exit for each side of the fuselage,
exit with a rectangular opening of not no passenger emergency exit shall be
less than 32 inches wide by 72 inches more than 60 feet from any adjacent
high, with corner radii not greater passenger emergency exit on the same
than six inches. side of the same deck of the fuselage,
(9) Type C. This type is a floor-level as measured parallel to the airplane’s
lhorne on DSKJLZT7X2PROD with CFR

exit with a rectangular opening of not longitudinal axis between the nearest
less than 30 inches wide by 48 inches exit edges.

288

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00298 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.807

(g) Type and number required. The two Type C or larger exits in each side
maximum number of passenger seats of the fuselage.
permitted depends on the type and (9) If a passenger ventral or tailcone
number of exits installed in each side exit is installed and that exit provides
of the fuselage. Except as further re- at least the same rate of egress as a
stricted in paragraphs (g)(1) through Type III exit with the airplane in the
(g)(9) of this section, the maximum most adverse exit opening condition
number of passenger seats permitted that would result from the collapse of
for each exit of a specific type installed one or more legs of the landing gear, an
in each side of the fuselage is as fol- increase in the passenger seating con-
lows: figuration is permitted as follows:
Type A 110 (i) For a ventral exit, 12 additional
Type B 75 passenger seats.
Type C 55 (ii) For a tailcone exit incorporating
Type I 45 a floor level opening of not less than 20
Type II 40 inches wide by 60 inches high, with cor-
Type III 35 ner radii not greater than seven inches,
Type IV 9 in the pressure shell and incorporating
(1) For a passenger seating configura- an approved assist means in accordance
tion of 1 to 9 seats, there must be at with § 25.810(a), 25 additional passenger
least one Type IV or larger overwing seats.
exit in each side of the fuselage or, if (iii) For a tailcone exit incorporating
overwing exits are not provided, at an opening in the pressure shell which
least one exit in each side that meets is at least equivalent to a Type III
the minimum dimensions of a Type III emergency exit with respect to dimen-
exit. sions, step-up and step-down distance,
(2) For a passenger seating configura- and with the top of the opening not
tion of more than 9 seats, each exit less than 56 inches from the passenger
must be a Type III or larger exit. compartment floor, 15 additional pas-
(3) For a passenger seating configura- senger seats.
tion of 10 to 19 seats, there must be at (h) Other exits. The following exits
least one Type III or larger exit in each also must meet the applicable emer-
side of the fuselage. gency exit requirements of §§ 25.809
(4) For a passenger seating configura- through 25.812, and must be readily ac-
tion of 20 to 40 seats, there must be at cessible:
least two exits, one of which must be a (1) Each emergency exit in the pas-
Type II or larger exit, in each side of senger compartment in excess of the
the fuselage. minimum number of required emer-
(5) For a passenger seating configura- gency exits.
tion of 41 to 110 seats, there must be at (2) Any other floor-level door or exit
least two exits, one of which must be a that is accessible from the passenger
Type I or larger exit, in each side of compartment and is as large or larger
the fuselage. than a Type II exit, but less than 46
(6) For a passenger seating configura- inches wide.
tion of more than 110 seats, the emer- (3) Any other ventral or tail cone
gency exits in each side of the fuselage passenger exit.
must include at least two Type I or (i) Ditching emergency exits for pas-
larger exits. sengers. Whether or not ditching cer-
(7) The combined maximum number tification is requested, ditching emer-
of passenger seats permitted for all gency exits must be provided in accord-
Type III exits is 70, and the combined ance with the following requirements,
maximum number of passenger seats unless the emergency exits required by
permitted for two Type III exits in paragraph (g) of this section already
each side of the fuselage that are sepa- meet them:
rated by fewer than three passenger (1) For airplanes that have a pas-
seat rows is 65. senger seating configuration of nine or
lhorne on DSKJLZT7X2PROD with CFR

(8) If a Type A, Type B, or Type C fewer seats, excluding pilot seats, one
exit is installed, there must be at least exit above the waterline in each side of

289

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00299 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.809 14 CFR Ch. I (1–1–22 Edition)

the airplane, meeting at least the di- an unobstructed opening to the out-
mensions of a Type IV exit. side. In addition, each emergency exit
(2) For airplanes that have a pas- must have means to permit viewing of
senger seating configuration of 10 of the conditions outside the exit when
more seats, excluding pilot seats, one the exit is closed. The viewing means
exit above the waterline in a side of the may be on or adjacent to the exit pro-
airplane, meeting at least the dimen- vided no obstructions exist between the
sions of a Type III exit for each unit (or exit and the viewing means. Means
part of a unit) of 35 passenger seats, must also be provided to permit view-
but no less than two such exits in the ing of the likely areas of evacuee
passenger cabin, with one on each side ground contact. The likely areas of
of the airplane. The passenger seat/ evacuee ground contact must be
exit ratio may be increased through viewable during all lighting conditions
the use of larger exits, or other means, with the landing gear extended as well
provided it is shown that the evacu- as in all conditions of landing gear col-
ation capability during ditching has lapse.
been improved accordingly. (b) Each emergency exit must be
(3) If it is impractical to locate side openable from the inside and the out-
exits above the waterline, the side side except that sliding window emer-
exits must be replaced by an equal gency exits in the flight crew area need
number of readily accessible overhead not be openable from the outside if
hatches of not less than the dimensions other approved exits are convenient
of a Type III exit, except that for air- and readily accessible to the flight
planes with a passenger configuration crew area. Each emergency exit must
of 35 or fewer seats, excluding pilot be capable of being opened, when there
seats, the two required Type III side is no fuselage deformation—
exits need be replaced by only one (1) With the airplane in the normal
overhead hatch. ground attitude and in each of the atti-
(j) Flightcrew emergency exits. For air- tudes corresponding to collapse of one
planes in which the proximity of pas- or more legs of the landing gear; and
senger emergency exits to the (2) Within 10 seconds measured from
flightcrew area does not offer a conven- the time when the opening means is ac-
ient and readily accessible means of tuated to the time when the exit is
evacuation of the flightcrew, and for fully opened.
all airplanes having a passenger seat- (3) Even though persons may be
ing capacity greater than 20, flightcrew crowded against the door on the inside
exits shall be located in the flightcrew of the airplane.
area. Such exits shall be of sufficient (c) The means of opening emergency
size and so located as to permit rapid exits must be simple and obvious; may
evacuation by the crew. One exit shall not require exceptional effort; and
be provided on each side of the air- must be arranged and marked so that
plane; or, alternatively, a top hatch it can be readily located and operated,
shall be provided. Each exit must en- even in darkness. Internal exit-opening
compass an unobstructed rectangular means involving sequence operations
opening of at least 19 by 20 inches un- (such as operation of two handles or
less satisfactory exit utility can be latches, or the release of safety
demonstrated by a typical crew- catches) may be used for flightcrew
member. emergency exits if it can be reasonably
[Amdt. 25–72, 55 FR 29781, July 20, 1990, as established that these means are sim-
amended by Amdt. 25–88, 61 FR 57956, Nov. 8, ple and obvious to crewmembers
1996; 62 FR 1817, Jan. 13, 1997; Amdt. 25–94, 63 trained in their use.
FR 8848, Feb. 23, 1998; 63 FR 12862, Mar. 16, (d) If a single power-boost or single
1998; Amdt. 25–114, 69 FR 24502, May 3, 2004] power-operated system is the primary
system for operating more than one
§ 25.809 Emergency exit arrangement. exit in an emergency, each exit must
(a) Each emergency exit, including be capable of meeting the requirements
each flightcrew emergency exit, must of paragraph (b) of this section in the
lhorne on DSKJLZT7X2PROD with CFR

be a moveable door or hatch in the ex- event of failure of the primary system.
ternal walls of the fuselage, allowing Manual operation of the exit (after

290

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00300 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.810

failure of the primary system) is ac- must be capable of carrying simulta-


ceptable. neously two parallel lines of evacuees.
(e) Each emergency exit must be In addition, the assisting means must
shown by tests, or by a combination of be designed to meet the following re-
analysis and tests, to meet the require- quirements—
ments of paragraphs (b) and (c) of this (i) It must be automatically deployed
section. and deployment must begin during the
(f) Each door must be located where interval between the time the exit
persons using them will not be endan- opening means is actuated from inside
gered by the propellers when appro- the airplane and the time the exit is
priate operating procedures are used. fully opened. However, each passenger
(g) There must be provisions to mini- emergency exit which is also a pas-
mize the probability of jamming of the senger entrance door or a service door
emergency exits resulting from fuse- must be provided with means to pre-
lage deformation in a minor crash vent deployment of the assisting means
landing. when it is opened from either the in-
(h) When required by the operating side or the outside under non-
rules for any large passenger-carrying emergency conditions for normal use.
turbojet-powered airplane, each ven- (ii) Except for assisting means in-
tral exit and tailcone exit must be— stalled at Type C exits, it must be
(1) Designed and constructed so that automatically erected within 6 seconds
it cannot be opened during flight; and after deployment is begun. Assisting
(2) Marked with a placard readable means installed at Type C exits must
from a distance of 30 inches and in- be automatically erected within 10 sec-
stalled at a conspicuous location near onds from the time the opening means
the means of opening the exit, stating of the exit is actuated.
that the exit has been designed and (iii) It must be of such length after
constructed so that it cannot be opened full deployment that the lower end is
during flight. self-supporting on the ground and pro-
(i) Each emergency exit must have a vides safe evacuation of occupants to
means to retain the exit in the open the ground after collapse of one or
position, once the exit is opened in an more legs of the landing gear.
emergency. The means must not re- (iv) It must have the capability, in
quire separate action to engage when 25-knot winds directed from the most
the exit is opened, and must require
critical angle, to deploy and, with the
positive action to disengage.
assistance of only one person, to re-
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as main usable after full deployment to
amended by Amdt. 25–15, 32 FR 13264, Sept. evacuate occupants safely to the
20, 1967; Amdt. 25–32, 37 FR 3970, Feb. 24, 1972; ground.
Amdt. 25–34, 37 FR 25355, Nov. 30, 1972; Amdt. (v) For each system installation
25–46, 43 FR 50597, Oct. 30, 1978; Amdt. 25–47,
44 FR 61325, Oct. 25, 1979; Amdt. 25–72, 55 FR
(mockup or airplane installed), five
29782, July 20, 1990; Amdt. 25–114, 69 FR 24502, consecutive deployment and inflation
May 3, 2004; Amdt. 25–116, 69 FR 62788, Oct. 27, tests must be conducted (per exit)
2004] without failure, and at least three tests
of each such five-test series must be
§ 25.810 Emergency egress assist conducted using a single representative
means and escape routes. sample of the device. The sample de-
(a) Each non over-wing Type A, Type vices must be deployed and inflated by
B or Type C exit, and any other non the system’s primary means after
over-wing landplane emergency exit being subjected to the inertia forces
more than 6 feet from the ground with specified in § 25.561(b). If any part of the
the airplane on the ground and the system fails or does not function prop-
landing gear extended, must have an erly during the required tests, the
approved means to assist the occupants cause of the failure or malfunction
in descending to the ground. must be corrected by positive means
(1) The assisting means for each pas- and after that, the full series of five
senger emergency exit must be a self- consecutive deployment and inflation
lhorne on DSKJLZT7X2PROD with CFR

supporting slide or equivalent; and, in tests must be conducted without fail-


the case of Type A or Type B exits, it ure.

291

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00301 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.811 14 CFR Ch. I (1–1–22 Edition)

(2) The assisting means for flightcrew nates is more than 6 feet from the
emergency exits may be a rope or any ground with the airplane on the ground
other means demonstrated to be suit- and the landing gear extended, for all
able for the purpose. If the assisting other exit types.
means is a rope, or an approved device (1) If the escape route is over the
equivalent to a rope, it must be— flap, the height of the terminal edge
(i) Attached to the fuselage structure must be measured with the flap in the
at or above the top of the emergency takeoff or landing position, whichever
exit opening, or, for a device at a pi- is higher from the ground.
lot’s emergency exit window, at an- (2) The assisting means must be usa-
other approved location if the stowed ble and self-supporting with one or
device, or its attachment, would reduce more landing gear legs collapsed and
the pilot’s view in flight; under a 25-knot wind directed from the
(ii) Able (with its attachment) to most critical angle.
withstand a 400-pound static load. (3) The assisting means provided for
(b) Assist means from the cabin to each escape route leading from a Type
the wing are required for each type A A or B emergency exit must be capable
or Type B exit located above the wing of carrying simultaneously two par-
and having a stepdown unless the exit allel lines of evacuees; and, the assist-
without an assist-means can be shown ing means leading from any other exit
to have a rate of passenger egress at type must be capable of carrying as
least equal to that of the same type of many parallel lines of evacuees as
non over-wing exit. If an assist means there are required escape routes.
is required, it must be automatically (4) The assisting means provided for
deployed and automatically erected each escape route leading from a Type
concurrent with the opening of the C exit must be automatically erected
exit. In the case of assist means in- within 10 seconds from the time the
stalled at Type C exits, it must be self- opening means of the exit is actuated,
supporting within 10 seconds from the and that provided for the escape route
time the opening means of the exits is leading from any other exit type must
actuated. For all other exit types, it be automatically erected within 10 sec-
must be self-supporting 6 seconds after onds after actuation of the erection
deployment is begun. system.
(c) An escape route must be estab- (e) If an integral stair is installed in
lished from each overwing emergency a passenger entry door that is qualified
exit, and (except for flap surfaces suit- as a passenger emergency exit, the
able as slides) covered with a slip re- stair must be designed so that, under
sistant surface. Except where a means the following conditions, the effective-
for channeling the flow of evacuees is ness of passenger emergency egress will
provided— not be impaired:
(1) The escape route from each Type (1) The door, integral stair, and oper-
A or Type B passenger emergency exit, ating mechanism have been subjected
or any common escape route from two to the inertia forces specified in
Type III passenger emergency exits, § 25.561(b)(3), acting separately relative
must be at least 42 inches wide; that to the surrounding structure.
from any other passenger emergency (2) The airplane is in the normal
exit must be at least 24 inches wide; ground attitude and in each of the atti-
and tudes corresponding to collapse of one
(2) The escape route surface must or more legs of the landing gear.
have a reflectance of at least 80 per- [Amdt. 25–72, 55 FR 29782, July 20, 1990, as
cent, and must be defined by markings amended by Amdt. 25–88, 61 FR 57958, Nov. 8,
with a surface-to-marking contrast 1996; 62 FR 1817, Jan. 13, 1997; Amdt. 25–114, 69
ratio of at least 5:1. FR 24502, May 3, 2004]
(d) Means must be provided to assist
evacuees to reach the ground for all § 25.811 Emergency exit marking.
Type C exits located over the wing and, (a) Each passenger emergency exit,
if the place on the airplane structure its means of access, and its means of
lhorne on DSKJLZT7X2PROD with CFR

at which the escape route required in opening must be conspicuously


paragraph (c) of this section termi- marked.

292

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00302 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.811

(b) The identity and location of each tending along at least 70 degrees of arc
passenger emergency exit must be rec- at a radius approximately equal to
ognizable from a distance equal to the three-fourths of the handle length.
width of the cabin. (ii) So that the centerline of the exit
(c) Means must be provided to assist handle is within ±1 inch of the pro-
the occupants in locating the exits in jected point of the arrow when the han-
conditions of dense smoke. dle has reached full travel and has re-
(d) The location of each passenger leased the locking mechanism, and
emergency exit must be indicated by a (iii) With the word ‘‘open’’ in red let-
sign visible to occupants approaching ters 1 inch high, placed horizontally
along the main passenger aisle (or near the head of the arrow.
aisles). There must be— (f) Each emergency exit that is re-
(1) A passenger emergency exit loca- quired to be openable from the outside,
tor sign above the aisle (or aisles) near and its means of opening, must be
each passenger emergency exit, or at marked on the outside of the airplane.
another overhead location if it is more In addition, the following apply:
practical because of low headroom, ex-
(1) The outside marking for each pas-
cept that one sign may serve more
senger emergency exit in the side of
than one exit if each exit can be seen
the fuselage must include a 2-inch col-
readily from the sign;
ored band outlining the exit.
(2) A passenger emergency exit mark-
ing sign next to each passenger emer- (2) Each outside marking including
gency exit, except that one sign may the band, must have color contrast to
serve two such exits if they both can be be readily distinguishable from the sur-
seen readily from the sign; and rounding fuselage surface. The contrast
(3) A sign on each bulkhead or divider must be such that if the reflectance of
that prevents fore and aft vision along the darker color is 15 percent or less,
the passenger cabin to indicate emer- the reflectance of the lighter color
gency exits beyond and obscured by the must be at least 45 percent. ‘‘Reflec-
bulkhead or divider, except that if this tance’’ is the ratio of the luminous flux
is not possible the sign may be placed reflected by a body to the luminous
at another appropriate location. flux it receives. When the reflectance
(e) The location of the operating han- of the darker color is greater than 15
dle and instructions for opening exits percent, at least a 30-percent difference
from the inside of the airplane must be between its reflectance and the reflec-
shown in the following manner: tance of the lighter color must be pro-
(1) Each passenger emergency exit vided.
must have, on or near the exit, a mark- (3) In the case of exists other than
ing that is readable from a distance of those in the side of the fuselage, such
30 inches. as ventral or tailcone exists, the exter-
(2) Each Type A, Type B, Type C or nal means of opening, including in-
Type I passenger emergency exit oper- structions if applicable, must be con-
ating handle must— spicuously marked in red, or bright
(i) Be self-illuminated with an initial chrome yellow if the background color
brightness of at least 160 micro- is such that red is inconspicuous. When
lamberts; or the opening means is located on only
(ii) Be conspicuously located and well one side of the fuselage, a conspicuous
illuminated by the emergency lighting marking to that effect must be pro-
even in conditions of occupant crowd- vided on the other side.
ing at the exit. (g) Each sign required by paragraph
(3) [Reserved] (d) of this section may use the word
(4) Each Type A, Type B, Type C, ‘‘exit’’ in its legend in place of the
Type I, or Type II passenger emergency term ‘‘emergency exit’’.
exit with a locking mechanism re-
[Amdt. 25–15, 32 FR 13264, Sept. 20, 1967, as
leased by rotary motion of the handle
amended by Amdt. 25–32, 37 FR 3970, Feb. 24,
must be marked— 1972; Amdt. 25–46, 43 FR 50597, Oct. 30, 1978; 43
(i) With a red arrow, with a shaft at
lhorne on DSKJLZT7X2PROD with CFR

FR 52495, Nov. 13, 1978; Amdt. 25–79, 58 FR


least three-fourths of an inch wide and 45229, Aug. 26, 1993; Amdt. 25–88, 61 FR 57958,
a head twice the width of the shaft, ex- Nov. 8, 1996]

293

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00303 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.812 14 CFR Ch. I (1–1–22 Edition)

§ 25.812 Emergency lighting. inches high. These signs may be inter-


(a) An emergency lighting system, nally electrically illuminated, or self-
independent of the main lighting sys- illuminated by other than electrical
tem, must be installed. However, the means, with an initial brightness of at
sources of general cabin illumination least 160 microlamberts. The colors
may be common to both the emergency may be reversed in the case of a sign
and the main lighting systems if the that is self-illuminated by other than
power supply to the emergency light- electrical means.
ing system is independent of the power (c) General illumination in the pas-
supply to the main lighting system. senger cabin must be provided so that
The emergency lighting system must when measured along the centerline of
include: main passenger aisle(s), and cross
(1) Illuminated emergency exit mark- aisle(s) between main aisles, at seat
ing and locating signs, sources of gen- arm-rest height and at 40-inch inter-
eral cabin illumination, interior light- vals, the average illumination is not
ing in emergency exit areas, and floor less than 0.05 foot-candle and the illu-
proximity escape path marking. mination at each 40-inch interval is not
(2) Exterior emergency lighting. less than 0.01 foot-candle. A main pas-
(b) Emergency exit signs— senger aisle(s) is considered to extend
(1) For airplanes that have a pas- along the fuselage from the most for-
senger seating configuration, excluding ward passenger emergency exit or
pilot seats, of 10 seats or more must cabin occupant seat, whichever is far-
meet the following requirements: ther forward, to the most rearward pas-
(i) Each passenger emergency exit lo- senger emergency exit or cabin occu-
cator sign required by § 25.811(d)(1) and pant seat, whichever is farther aft.
each passenger emergency exit mark- (d) The floor of the passageway lead-
ing sign required by § 25.811(d)(2) must ing to each floor-level passenger emer-
have red letters at least 11⁄2 inches high gency exit, between the main aisles
on an illuminated white background, and the exit openings, must be pro-
and must have an area of at least 21 vided with illumination that is not less
square inches excluding the letters. than 0.02 foot-candle measured along a
The lighted background-to-letter con- line that is within 6 inches of and par-
trast must be at least 10:1. The letter allel to the floor and is centered on the
height to stroke-width ratio may not passenger evacuation path.
be more than 7:1 nor less than 6:1. (e) Floor proximity emergency es-
These signs must be internally elec- cape path marking must provide emer-
trically illuminated with a background gency evacuation guidance for pas-
brightness of at least 25 foot-lamberts sengers when all sources of illumina-
and a high-to-low background contrast tion more than 4 feet above the cabin
no greater than 3:1. aisle floor are totally obscured. In the
(ii) Each passenger emergency exit dark of the night, the floor proximity
sign required by § 25.811(d)(3) must have emergency escape path marking must
red letters at least 11⁄2 inches high on a enable each passenger to—
white background having an area of at (1) After leaving the passenger seat,
least 21 square inches excluding the visually identify the emergency escape
letters. These signs must be internally path along the cabin aisle floor to the
electrically illuminated or self-illumi- first exits or pair of exits forward and
nated by other than electrical means aft of the seat; and
and must have an initial brightness of (2) Readily identify each exit from
at least 400 microlamberts. The colors the emergency escape path by ref-
may be reversed in the case of a sign erence only to markings and visual fea-
that is self-illuminated by other than tures not more than 4 feet above the
electrical means. cabin floor.
(2) For airplanes that have a pas- (f) Except for subsystems provided in
senger seating configuration, excluding accordance with paragraph (h) of this
pilot seats, of nine seats or less, that section that serve no more than one as-
are required by § 25.811(d)(1), (2), and (3) sist means, are independent of the air-
lhorne on DSKJLZT7X2PROD with CFR

must have red letters at least 1 inch plane’s main emergency lighting sys-
high on a white background at least 2 tem, and are automatically activated

294

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00304 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.812

when the assist means is erected, the where an evacuee is likely to make
emergency lighting system must be de- first contact with the ground outside
signed as follows. the cabin.
(1) The lights must be operable (h) The means required in
manually from the flight crew station §§ 25.810(a)(1) and (d) to assist the occu-
and from a point in the passenger com- pants in descending to the ground must
partment that is readily accessible to a be illuminated so that the erected as-
normal flight attendant seat. sist means is visible from the airplane.
(2) There must be a flight crew warn- (1) If the assist means is illuminated
ing light which illuminates when power by exterior emergency lighting, it
is on in the airplane and the emergency must provide illumination of not less
lighting control device is not armed. than 0.03 foot-candle (measured normal
(3) The cockpit control device must to the direction of the incident light)
have an ‘‘on,’’ ‘‘off,’’ and ‘‘armed’’ posi- at the ground end of the erected assist
tion so that when armed in the cockpit means where an evacuee using the es-
or turned on at either the cockpit or tablished escape route would normally
flight attendant station the lights will make first contact with the ground,
either light or remain lighted upon with the airplane in each of the atti-
interruption (except an interruption tudes corresponding to the collapse of
caused by a transverse vertical separa- one or more legs of the landing gear.
tion of the fuselage during crash land- (2) If the emergency lighting sub-
ing) of the airplane’s normal electric system illuminating the assist means
power. There must be a means to safe- serves no other assist means, is inde-
guard against inadvertent operation of pendent of the airplane’s main emer-
the control device from the ‘‘armed’’ or gency lighting system, and is auto-
‘‘on’’ positions. matically activated when the assist
(g) Exterior emergency lighting must means is erected, the lighting provi-
be provided as follows: sions—
(1) At each overwing emergency exit (i) May not be adversely affected by
the illumination must be— stowage; and
(i) Not less than 0.03 foot-candle (ii) Must provide illumination of not
(measured normal to the direction of less than 0.03 foot-candle (measured
the incident light) on a 2-square-foot normal to the direction of incident
area where an evacuee is likely to light) at the ground and of the erected
make his first step outside the cabin; assist means where an evacuee would
(ii) Not less than 0.05 foot-candle normally make first contact with the
(measured normal to the direction of ground, with the airplane in each of
the incident light) for a minimum the attitudes corresponding to the col-
width of 42 inches for a Type A lapse of one or more legs of the landing
overwing emergency exit and two feet gear.
for all other overwing emergency exits (i) The energy supply to each emer-
along the 30 percent of the slip-resist- gency lighting unit must provide the
ant portion of the escape route re- required level of illumination for at
quired in § 25.810(c) that is farthest least 10 minutes at the critical ambient
from the exit; and conditions after emergency landing.
(iii) Not less than 0.03 foot-candle on (j) If storage batteries are used as the
the ground surface with the landing energy supply for the emergency light-
gear extended (measured normal to the ing system, they may be recharged
direction of the incident light) where from the airplane’s main electric power
an evacuee using the established escape system: Provided, That, the charging
route would normally make first con- circuit is designed to preclude inad-
tact with the ground. vertent battery discharge into charg-
(2) At each non-overwing emergency ing circuit faults.
exit not required by § 25.810(a) to have (k) Components of the emergency
descent assist means the illumination lighting system, including batteries,
must be not less than 0.03 foot-candle wiring relays, lamps, and switches
(measured normal to the direction of must be capable of normal operation
lhorne on DSKJLZT7X2PROD with CFR

the incident light) on the ground sur- after having been subjected to the iner-
face with the landing gear extended tia forces listed in § 25.561(b).

295

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00305 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.813 14 CFR Ch. I (1–1–22 Edition)

(l) The emergency lighting system must be unobstructed and at least 36


must be designed so that after any sin- inches wide. Passageways between indi-
gle transverse vertical separation of vidual passenger areas and those lead-
the fuselage during crash landing— ing to Type I, Type II, or Type C emer-
(1) Not more than 25 percent of all gency exits must be unobstructed and
electrically illuminated emergency at least 20 inches wide. Unless there
lights required by this section are ren- are two or more main aisles, each Type
dered inoperative, in addition to the A or B exit must be located so that
lights that are directly damaged by the there is passenger flow along the main
separation; aisle to that exit from both the forward
(2) Each electrically illuminated exit and aft directions. If two or more main
sign required under § 25.811(d)(2) re- aisles are provided, there must be un-
mains operative exclusive of those that obstructed cross-aisles at least 20
are directly damaged by the separa- inches wide between main aisles. There
tion; and must be—
(3) At least one required exterior (1) A cross-aisle which leads directly
emergency light for each side of the to each passageway between the near-
airplane remains operative exclusive of est main aisle and a Type A or B exit;
those that are directly damaged by the and
separation. (2) A cross-aisle which leads to the
[Amdt. 25–15, 32 FR 13265, Sept. 20, 1967, as immediate vicinity of each passageway
amended by Amdt. 25–28, 36 FR 16899, Aug. 26, between the nearest main aisle and a
1971; Amdt. 25–32, 37 FR 3971, Feb. 24, 1972; Type 1, Type II, or Type III exit; except
Amdt. 25–46, 43 FR 50597, Oct. 30, 1978; Amdt. that when two Type III exits are lo-
25–58, 49 FR 43186, Oct. 26, 1984; Amdt. 25–88, cated within three passenger rows of
61 FR 57958, Nov. 8, 1996; Amdt. 25–116, 69 FR
each other, a single cross-aisle may be
62788, Oct. 27, 2004; Amdt. 25–128, 74 FR 25645,
May 29, 2009] used if it leads to the vicinity between
the passageways from the nearest main
§ 25.813 Emergency exit access. aisle to each exit.
Each required emergency exit must (b) Adequate space to allow crew-
be accessible to the passengers and lo- member(s) to assist in the evacuation
cated where it will afford an effective of passengers must be provided as fol-
means of evacuation. Emergency exit lows:
distribution must be as uniform as (1) Each assist space must be a rec-
practical, taking passenger distribu- tangle on the floor, of sufficient size to
tion into account; however, the size enable a crewmember, standing erect,
and location of exits on both sides of to effectively assist evacuees. The as-
the cabin need not be symmetrical. If sist space must not reduce the unob-
only one floor level exit per side is pre- structed width of the passageway below
scribed, and the airplane does not have that required for the exit.
a tailcone or ventral emergency exit, (2) For each Type A or B exit, assist
the floor level exit must be in the rear- space must be provided at each side of
ward part of the passenger compart- the exit regardless of whether an assist
ment, unless another location affords a means is required by § 25.810(a).
more effective means of passenger (3) For each Type C, I or II exit in-
evacuation. Where more than one floor stalled in an airplane with seating for
level exit per side is prescribed, at more than 80 passengers, an assist
least one floor level exit per side must space must be provided at one side of
be located near each end of the cabin, the passageway regardless of whether
except that this provision does not an assist means is required by
apply to combination cargo/passenger § 25.810(a).
configurations. In addition— (4) For each Type C, I or II exit, an
(a) There must be a passageway lead- assist space must be provided at one
ing from the nearest main aisle to each side of the passageway if an assist
Type A, Type B, Type C, Type I, or means is required by § 25.810(a).
Type II emergency exit and between in- (5) For any tailcone exit that quali-
lhorne on DSKJLZT7X2PROD with CFR

dividual passenger areas. Each passage- fies for 25 additional passenger seats
way leading to a Type A or Type B exit under the provisions of § 25.807(g)(9)(ii),

296

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00306 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.813

an assist space must be provided, if an provided must not be obstructed and


assist means is required by § 25.810(a). there must be no interference in open-
(6) There must be a handle, or han- ing the exit by seats, berths, or other
dles, at each assist space, located to protrusions (including any seatback in
enable the crewmember to steady him- the most adverse position) for a dis-
self or herself: tance from that exit not less than the
(i) While manually activating the as- width of the narrowest passenger seat
sist means (where applicable) and, installed on the airplane.
(ii) While assisting passengers during (ii) For airplanes that have a pas-
an evacuation. senger seating configuration of 19 or
(c) The following must be provided
fewer, there may be minor obstructions
for each Type III or Type IV exit—(1)
in this region, if there are compen-
There must be access from the nearest
aisle to each exit. In addition, for each sating factors to maintain the effec-
Type III exit in an airplane that has a tiveness of the exit.
passenger seating configuration of 60 or (3) For each Type III exit, regardless
more— of the passenger capacity of the air-
(i) Except as provided in paragraph plane in which it is installed, there
(c)(1)(ii), the access must be provided must be placards that—
by an unobstructed passageway that is (i) Are readable by all persons seated
at least 10 inches in width for interior adjacent to and facing a passageway to
arrangements in which the adjacent the exit;
seat rows on the exit side of the aisle (ii) Accurately state or illustrate the
contain no more than two seats, or 20 proper method of opening the exit, in-
inches in width for interior arrange- cluding the use of handholds; and
ments in which those rows contain (iii) If the exit is a removable hatch,
three seats. The width of the passage- state the weight of the hatch and indi-
way must be measured with adjacent cate an appropriate location to place
seats adjusted to their most adverse the hatch after removal.
position. The centerline of the required
(d) If it is necessary to pass through
passageway width must not be dis-
placed more than 5 inches horizontally a passageway between passenger com-
from that of the exit. partments to reach any required emer-
(ii) In lieu of one 10- or 20-inch pas- gency exit from any seat in the pas-
sageway, there may be two passage- senger cabin, the passageway must be
ways, between seat rows only, that unobstructed. However, curtains may
must be at least 6 inches in width and be used if they allow free entry
lead to an unobstructed space adjacent through the passageway.
to each exit. (Adjacent exits must not (e) No door may be installed between
share a common passageway.) The any passenger seat that is occupiable
width of the passageways must be for takeoff and landing and any pas-
measured with adjacent seats adjusted senger emergency exit, such that the
to their most adverse position. The un- door crosses any egress path (including
obstructed space adjacent to the exit aisles, crossaisles and passageways).
must extend vertically from the floor (f) If it is necessary to pass through a
to the ceiling (or bottom of sidewall doorway separating any crewmember
stowage bins), inboard from the exit for seat (except those seats on the
a distance not less than the width of flightdeck), occupiable for takeoff and
the narrowest passenger seat installed landing, from any emergency exit, the
on the airplane, and from the forward door must have a means to latch it in
edge of the forward passageway to the
the open position. The latching means
aft edge of the aft passageway. The exit
must be able to withstand the loads
opening must be totally within the fore
and aft bounds of the unobstructed imposed upon it when the door is sub-
space. jected to the ultimate inertia forces,
(2) In addition to the access—
(i) For airplanes that have a pas-
lhorne on DSKJLZT7X2PROD with CFR

senger seating configuration of 20 or


more, the projected opening of the exit

297

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00307 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.815 14 CFR Ch. I (1–1–22 Edition)

relative to the surrounding structure, evacuation routes may not be depend-


listed in § 25.561(b). ent on any powered device. The routes
[Amdt. 25–1, 30 FR 3204, Mar. 9, 1965, as
must be designed to minimize the pos-
amended by Amdt. 25–15, 32 FR 13265, Sept. sibility of blockage which might result
20, 1967; Amdt. 25–32, 37 FR 3971, Feb. 24, 1972; from fire, mechanical or structural
Amdt. 25–46, 43 FR 50597, Oct. 30, 1978; Amdt. failure, or persons standing on top of or
25–72, 55 FR 29783, July 20, 1990; Amdt. 25–76, against the escape routes. In the event
57 FR 19244, May 4, 1992; Amdt. 25–76, 57 FR the airplane’s main power system or
29120, June 30, 1992; Amdt. 25–88, 61 FR 57958, compartment main lighting system
Nov. 8, 1996; Amdt. 25–116, 69 FR 62788, Oct.
should fail, emergency illumination for
27, 2004; Amdt. 25–128, 74 FR 25645, May 29,
2009] each lower deck service compartment
must be automatically provided.
§ 25.815 Width of aisle. (b) There must be a means for two-
The passenger aisle width at any way voice communication between the
point between seats must equal or ex- flight deck and each lower deck service
ceed the values in the following table: compartment, which remains available
following loss of normal electrical
Minimum passenger power generating system.
aisle width (inches)
Passenger seating capacity
(c) There must be an aural emer-
Less than 25 in. and gency alarm system, audible during
25 in. from more from
floor floor normal and emergency conditions, to
1 12
enable crewmembers on the flight deck
10 or less ....................................... 15
11 through 19 ................................ 12 20 and at each required floor level emer-
20 or more ..................................... 15 20 gency exit to alert occupants of each
1 A narrower width not less than 9 inches may be approved lower deck service compartment of an
when substantiated by tests found necessary by the emergency situation.
Administrator.
(d) There must be a means, readily
[Amdt. 25–15, 32 FR 13265, Sept. 20, 1967, as detectable by occupants of each lower
amended by Amdt. 25–38, 41 FR 55466, Dec. 20, deck service compartment, that indi-
1976] cates when seat belts should be fas-
tened.
§ 25.817 Maximum number of seats (e) If a public address system is in-
abreast.
stalled in the airplane, speakers must
On airplanes having only one pas- be provided in each lower deck service
senger aisle, no more than three seats compartment.
abreast may be placed on each side of (f) For each occupant permitted in a
the aisle in any one row. lower deck service compartment, there
[Amdt. 25–15, 32 FR 13265, Sept. 20, 1967] must be a forward or aft facing seat
which meets the requirements of
§ 25.819 Lower deck service compart- § 25.785(d), and must be able to with-
ments (including galleys). stand maximum flight loads when oc-
For airplanes with a service compart- cupied.
ment located below the main deck, (g) For each powered lift system in-
which may be occupied during taxi or stalled between a lower deck service
flight but not during takeoff or land- compartment and the main deck for
ing, the following apply: the carriage of persons or equipment,
(a) There must be at least two emer- or both, the system must meet the fol-
gency evacuation routes, one at each lowing requirements:
end of each lower deck service com- (1) Each lift control switch outside
partment or two having sufficient sepa- the lift, except emergency stop but-
ration within each compartment, tons, must be designed to prevent the
which could be used by each occupant activation of the life if the lift door, or
of the lower deck service compartment the hatch required by paragraph (g)(3)
to rapidly evacuate to the main deck of this section, or both are open.
under normal and emergency lighting (2) An emergency stop button, that
conditions. The routes must provide for when activated will immediately stop
lhorne on DSKJLZT7X2PROD with CFR

the evacuation of incapacitated per- the lift, must be installed within the
sons, with assistance. The use of the lift and at each entrance to the lift.

298

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00308 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.831

(3) There must be a hatch capable of after reasonably probable failures or


being used for evacuating persons from malfunctioning of the ventilating,
the lift that is openable from inside heating, pressurization, or other sys-
and outside the lift without tools, with tems and equipment.
the lift in any position. (d) If accumulation of hazardous
[Amdt. 25–53, 45 FR 41593, June 19, 1980; 45 FR quantities of smoke in the cockpit area
43154, June 26, 1980; Amdt. 25–110; 68 FR 36883, is reasonably probable, smoke evacu-
June 19, 2003] ation must be readily accomplished,
starting with full pressurization and
§ 25.820 Lavatory doors. without depressurizing beyond safe
All lavatory doors must be designed limits.
to preclude anyone from becoming (e) Except as provided in paragraph
trapped inside the lavatory. If a lock- (f) of this section, means must be pro-
ing mechanism is installed, it must be vided to enable the occupants of the
capable of being unlocked from the following compartments and areas to
outside without the aid of special tools. control the temperature and quantity
[Doc. No. 2003–14193, 69 FR 24502, May 3, 2004] of ventilating air supplied to their
compartment or area independently of
VENTILATION AND HEATING the temperature and quantity of air
supplied to other compartments and
§ 25.831 Ventilation. areas:
(a) Under normal operating condi- (1) The flight crew compartment.
tions and in the event of any probable (2) Crewmember compartments and
failure conditions of any system which areas other than the flight crew com-
would adversely affect the ventilating partment unless the crewmember com-
air, the ventilation system must be de- partment or area is ventilated by air
signed to provide a sufficient amount interchange with other compartments
of uncontaminated air to enable the or areas under all operating conditions.
crewmembers to perform their duties (f) Means to enable the flight crew to
without undue discomfort or fatigue control the temperature and quantity
and to provide reasonable passenger of ventilating air supplied to the flight
comfort. For normal operating condi- crew compartment independently of
tions, the ventilation system must be the temperature and quantity of ven-
designed to provide each occupant with
tilating air supplied to other compart-
an airflow containing at least 0.55
ments are not required if all of the fol-
pounds of fresh air per minute.
lowing conditions are met:
(b) Crew and passenger compartment
air must be free from harmful or haz- (1) The total volume of the flight
ardous concentrations of gases or va- crew and passenger compartments is
pors. In meeting this requirement, the 800 cubic feet or less.
following apply: (2) The air inlets and passages for air
(1) Carbon monoxide concentrations to flow between flight crew and pas-
in excess of 1 part in 20,000 parts of air senger compartments are arranged to
are considered hazardous. For test pur- provide compartment temperatures
poses, any acceptable carbon monoxide within 5 degrees F. of each other and
detection method may be used. adequate ventilation to occupants in
(2) Carbon dioxide concentration dur- both compartments.
ing flight must be shown not to exceed (3) The temperature and ventilation
0.5 percent by volume (sea level equiva- controls are accessible to the flight
lent) in compartments normally occu- crew.
pied by passengers or crewmembers. (g) The exposure time at any given
(c) There must be provisions made to temperature must not exceed the val-
ensure that the conditions prescribed ues shown in the following graph after
in paragraph (b) of this section are met any improbable failure condition.
lhorne on DSKJLZT7X2PROD with CFR

299

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00309 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.832 14 CFR Ch. I (1–1–22 Edition)

[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as amended by Amdt. 25–41, 42 FR 36970, July 18, 1977;
Amdt. 25–87, 61 FR 28695, June 5, 1996; Amdt. 25–89, 61 FR 63956, Dec. 2, 1996]

§ 25.832 Cabin ozone concentration. § 25.833 Combustion heating systems.


(a) The airplane cabin ozone con- Combustion heaters must be ap-
centration during flight must be shown proved.
not to exceed—
[Amdt. 25–72, 55 FR 29783, July 20, 1990]
(1) 0.25 parts per million by volume,
sea level equivalent, at any time above PRESSURIZATION
flight level 320; and
(2) 0.1 parts per million by volume, § 25.841 Pressurized cabins.
sea level equivalent, time-weighted av-
erage during any 3-hour interval above (a) Pressurized cabins and compart-
flight level 270. ments to be occupied must be equipped
(b) For the purpose of this section, to provide a cabin pressure altitude of
‘‘sea level equivalent’’ refers to condi- not more than 8,000 feet at the max-
tions of 25 °C and 760 millimeters of imum operating altitude of the air-
mercury pressure. plane under normal operating condi-
(c) Compliance with this section tions.
must be shown by analysis or tests (1) If certification for operation
based on airplane operational proce- above 25,000 feet is requested, the air-
dures and performance limitations, plane must be designed so that occu-
that demonstrate that either— pants will not be exposed to cabin pres-
(1) The airplane cannot be operated sure altitudes in excess of 15,000 feet
at an altitude which would result in after any probable failure condition in
cabin ozone concentrations exceeding the pressurization system.
the limits prescribed by paragraph (a) (2) The airplane must be designed so
of this section; or that occupants will not be exposed to a
(2) The airplane ventilation system, cabin pressure altitude that exceeds
including any ozone control equipment, the following after decompression from
will maintain cabin ozone concentra- any failure condition not shown to be
tions at or below the limits prescribed extremely improbable:
by paragraph (a) of this section. (i) Twenty-five thousand (25,000) feet
for more than 2 minutes; or
lhorne on DSKJLZT7X2PROD with CFR

[Amdt. 25–50, 45 FR 3883, Jan. 1, 1980, as


amended by Amdt. 25–56, 47 FR 58489, Dec. 30, (ii) Forty thousand (40,000) feet for
1982; Amdt. 25–94, 63 FR 8848, Feb. 23, 1998] any duration.

300
ER05JN96.007</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00310 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.851

(3) Fuselage structure, engine and (8) The pressure sensors necessary to
system failures are to be considered in meet the requirements of paragraphs
evaluating the cabin decompression. (b)(5) and (b)(6) of this section and
(b) Pressurized cabins must have at § 25.1447(c), must be located and the
least the following valves, controls, sensing system designed so that, in the
and indicators for controlling cabin event of loss of cabin pressure in any
pressure: passenger or crew compartment (in-
(1) Two pressure relief valves to auto- cluding upper and lower lobe galleys),
matically limit the positive pressure the warning and automatic presen-
differential to a predetermined value tation devices, required by those provi-
at the maximum rate of flow delivered sions, will be actuated without any
by the pressure source. The combined delay that would significantly increase
capacity of the relief valves must be the hazards resulting from decompres-
large enough so that the failure of any sion.
one valve would not cause an appre-
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
ciable rise in the pressure differential. amended by Amdt. 25–38, 41 FR 55466, Dec. 20,
The pressure differential is positive 1976; Amdt. 25–87, 61 FR 28696, June 5, 1996]
when the internal pressure is greater
than the external. § 25.843 Tests for pressurized cabins.
(2) Two reverse pressure differential
(a) Strength test. The complete pres-
relief valves (or their equivalents) to
surized cabin, including doors, win-
automatically prevent a negative pres-
dows, and valves, must be tested as a
sure differential that would damage
pressure vessel for the pressure dif-
the structure. One valve is enough,
ferential specified in § 25.365(d).
however, if it is of a design that rea-
sonably precludes its malfunctioning. (b) Functional tests. The following
functional tests must be performed:
(3) A means by which the pressure
differential can be rapidly equalized. (1) Tests of the functioning and ca-
pacity of the positive and negative
(4) An automatic or manual regulator
pressure differential valves, and of the
for controlling the intake or exhaust
airflow, or both, for maintaining the emergency release valve, to stimulate
required internal pressures and airflow the effects of closed regulator valves.
rates. (2) Tests of the pressurization system
(5) Instruments at the pilot or flight to show proper functioning under each
engineer station to show the pressure possible condition of pressure, tem-
differential, the cabin pressure alti- perature, and moisture, up to the max-
tude, and the rate of change of the imum altitude for which certification
cabin pressure altitude. is requested.
(6) Warning indication at the pilot or (3) Flight tests, to show the perform-
flight engineer station to indicate ance of the pressure supply, pressure
when the safe or preset pressure dif- and flow regulators, indicators, and
ferential and cabin pressure altitude warning signals, in steady and stepped
limits are exceeded. Appropriate warn- climbs and descents at rates cor-
ing markings on the cabin pressure dif- responding to the maximum attainable
ferential indicator meet the warning within the operating limitations of the
requirement for pressure differential airplane, up to the maximum altitude
limits and an aural or visual signal (in for which certification is requested.
addition to cabin altitude indicating (4) Tests of each door and emergency
means) meets the warning requirement exit, to show that they operate prop-
for cabin pressure altitude limits if it erly after being subjected to the flight
warns the flight crew when the cabin tests prescribed in paragraph (b)(3) of
pressure altitude exceeds 10,000 feet. this section.
(7) A warning placard at the pilot or
flight engineer station if the structure FIRE PROTECTION
is not designed for pressure differen-
tials up to the maximum relief valve § 25.851 Fire extinguishers.
lhorne on DSKJLZT7X2PROD with CFR

setting in combination with landing (a) Hand fire extinguishers. (1) The fol-
loads. lowing minimum number of hand fire

301

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00311 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.853 14 CFR Ch. I (1–1–22 Edition)

extinguishers must be conveniently lo- (i) No extinguishing agent likely to


cated and evenly distributed in pas- enter personnel compartments will be
senger compartments: hazardous to the occupants; and
(ii) No discharge of the extinguisher
Passenger capacity No. of extinguishers
can cause structural damage.
7 through 30 ............................... 1 (2) The capacity of each required
31 through 60 ............................. 2 built-in fire extinguishing system must
61 through 200 ........................... 3 be adequate for any fire likely to occur
201 through 300 ............................ 4
in the compartment where used, con-
301 through 400 ............................ 5
401 through 500 ............................ 6 sidering the volume of the compart-
501 through 600 ............................ 7 ment and the ventilation rate. The ca-
601 through 700 ............................ 8 pacity of each system is adequate if
there is sufficient quantity of agent to
(2) At least one hand fire extin- extinguish the fire or suppress the fire
guisher must be conveniently located anywhere baggage or cargo is placed
in the pilot compartment. within the cargo compartment for the
(3) At least one readily accessible duration required to land and evacuate
hand fire extinguisher must be avail- the airplane.
able for use in each Class A or Class B
[Amdt. 25–74, 56 FR 15456, Apr. 16, 1991, as
cargo or baggage compartment and in amended by Doc. No. Docket FAA–2014–0001,
each Class E or Class F cargo or bag- Amdt. 25–142, 81 FR 7703, Feb. 16, 2016]
gage compartment that is accessible to
crewmembers in flight. § 25.853 Compartment interiors.
(4) At least one hand fire extin- For each compartment occupied by
guisher must be located in, or readily the crew or passengers, the following
accessible for use in, each galley lo- apply:
cated above or below the passenger (a) Materials (including finishes or
compartment. decorative surfaces applied to the ma-
(5) Each hand fire extinguisher must terials) must meet the applicable test
be approved. criteria prescribed in part I of appendix
(6) At least one of the required fire F of this part, or other approved equiv-
extinguishers located in the passenger alent methods, regardless of the pas-
compartment of an airplane with a pas- senger capacity of the airplane.
senger capacity of at least 31 and not (b) [Reserved]
more than 60, and at least two of the (c) In addition to meeting the re-
fire extinguishers located in the pas- quirements of paragraph (a) of this sec-
senger compartment of an airplane tion, seat cushions, except those on
with a passenger capacity of 61 or more flight crewmember seats, must meet
must contain Halon 1211 the test requirements of part II of ap-
(bromochlorodifluoromethane CBrC1 pendix F of this part, or other equiva-
F2), or equivalent, as the extinguishing lent methods, regardless of the pas-
agent. The type of extinguishing agent senger capacity of the airplane.
used in any other extinguisher required (d) Except as provided in paragraph
by this section must be appropriate for (e) of this section, the following inte-
the kinds of fires likely to occur where rior components of airplanes with pas-
used. senger capacities of 20 or more must
(7) The quantity of extinguishing also meet the test requirements of
agent used in each extinguisher re- parts IV and V of appendix F of this
quired by this section must be appro- part, or other approved equivalent
priate for the kinds of fires likely to method, in addition to the flamma-
occur where used. bility requirements prescribed in para-
(8) Each extinguisher intended for graph (a) of this section:
use in a personnel compartment must (1) Interior ceiling and wall panels,
be designed to minimize the hazard of other than lighting lenses and win-
toxic gas concentration. dows;
(b) Built-in fire extinguishers. If a (2) Partitions, other than transparent
built-in fire extinguisher is provided— panels needed to enhance cabin safety;
lhorne on DSKJLZT7X2PROD with CFR

(1) Each built-in fire extinguishing (3) Galley structure, including ex-
system must be installed so that— posed surfaces of stowed carts and

302

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00312 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.855

standard containers and the cavity senger cabin that would be readily de-
walls that are exposed when a full com- tected by a flight attendant; and
plement of such carts or containers is (b) Each lavatory must be equipped
not carried; and with a built-in fire extinguisher for
(4) Large cabinets and cabin stowage each disposal receptacle for towels,
compartments, other than underseat paper, or waste, located within the lav-
stowage compartments for stowing atory. The extinguisher must be de-
small items such as magazines and signed to discharge automatically into
maps. each disposal receptacle upon occur-
(e) The interiors of compartments, rence of a fire in that receptacle.
such as pilot compartments, galleys,
lavatories, crew rest quarters, cabinets [Amdt. 25–74, 56 FR 15456, Apr. 16, 1991]
and stowage compartments, need not
§ 25.855 Cargo or baggage compart-
meet the standards of paragraph (d) of ments.
this section, provided the interiors of
such compartments are isolated from For each cargo or baggage compart-
the main passenger cabin by doors or ment, the following apply:
equivalent means that would normally (a) The compartment must meet one
be closed during an emergency landing of the class requirements of § 25.857.
condition. (b) Each of the following cargo or
(f) Smoking is not allowed in lava- baggage compartments, as defined in
tories. If smoking is allowed in any § 25.857, must have a liner that is sepa-
area occupied by the crew or pas- rate from, but may be attached to, the
sengers, an adequate number of self- airplane structure:
contained, removable ashtrays must be (1) Any Class B through Class E cargo
provided in designated smoking sec- or baggage compartment, and
tions for all seated occupants. (2) Any Class F cargo or baggage
(g) Regardless of whether smoking is compartment, unless other means of
allowed in any other part of the air- containing a fire and protecting crit-
plane, lavatories must have self-con- ical systems and structure are pro-
tained, removable ashtrays located vided.
conspicuously on or near the entry side (c) Ceiling and sidewall liner panels
of each lavatory door, except that one of Class C cargo or baggage compart-
ashtray may serve more than one lava- ments, and ceiling and sidewall liner
tory door if the ashtray can be seen panels in Class F cargo or baggage
readily from the cabin side of each lav- compartments, if installed to meet the
atory served. requirements of paragraph (b)(2) of this
(h) Each receptacle used for the dis- section, must meet the test require-
posal of flammable waste material ments of part III of appendix F of this
must be fully enclosed, constructed of part or other approved equivalent
at least fire resistant materials, and methods.
must contain fires likely to occur in it (d) All other materials used in the
under normal use. The capability of the construction of the cargo or baggage
receptacle to contain those fires under compartment must meet the applicable
all probable conditions of wear, mis- test criteria prescribed in part I of ap-
alignment, and ventilation expected in pendix F of this part or other approved
service must be demonstrated by test. equivalent methods.
[Amdt. 25–83, 60 FR 6623, Feb. 2, 1995, as (e) No compartment may contain any
amended by Amdt. 25–116, 69 FR 62788, Oct. controls, lines, equipment, or acces-
27, 2004] sories whose damage or failure would
affect safe operation, unless those
§ 25.854 Lavatory fire protection. items are protected so that—
For airplanes with a passenger capac- (1) They cannot be damaged by the
ity of 20 or more: movement of cargo in the compart-
(a) Each lavatory must be equipped ment, and
with a smoke detector system or equiv- (2) Their breakage or failure will not
alent that provides a warning light in create a fire hazard.
lhorne on DSKJLZT7X2PROD with CFR

the cockpit, or provides a warning (f) There must be means to prevent


light or audible warning in the pas- cargo or baggage from interfering with

303

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00313 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.856 14 CFR Ch. I (1–1–22 Edition)

the functioning of the fire protective ment does not apply to thermal/acous-
features of the compartment. tic insulation installations that the
(g) Sources of heat within the com- FAA finds would not contribute to fire
partment must be shielded and insu- penetration resistance.
lated to prevent igniting the cargo or [Amdt. 25–111, 68 FR 45059, July 31, 2003]
baggage.
(h) Flight tests must be conducted to § 25.857 Cargo compartment classifica-
show compliance with the provisions of tion.
§ 25.857 concerning— (a) Class A; A Class A cargo or bag-
(1) Compartment accessibility, gage compartment is one in which—
(2) The entries of hazardous quan- (1) The presence of a fire would be
tities of smoke or extinguishing agent easily discovered by a crewmember
into compartments occupied by the while at his station; and
crew or passengers, and (2) Each part of the compartment is
(3) The dissipation of the extin- easily accessible in flight.
guishing agent in all Class C compart- (b) Class B. A Class B cargo or bag-
ments and, if applicable, in any Class F gage compartment is one in which—
compartments. (1) There is sufficient access in flight
(i) During the above tests, it must be to enable a crewmember, standing at
shown that no inadvertent operation of any one access point and without step-
smoke or fire detectors in any com- ping into the compartment, to extin-
partment would occur as a result of guish a fire occurring in any part of
fire contained in any other compart- the compartment using a hand fire ex-
ment, either during or after extin- tinguisher;
guishment, unless the extinguishing (2) When the access provisions are
system floods each such compartment being used, no hazardous quantity of
simultaneously. smoke, flames, or extinguishing agent,
(j) Cargo or baggage compartment will enter any compartment occupied
electrical wiring interconnection sys- by the crew or passengers;
tem components must meet the re- (3) There is a separate approved
quirements of § 25.1721. smoke detector or fire detector system
[Amdt. 25–72, 55 FR 29784, July 20, 1990, as to give warning at the pilot or flight
amended by Amdt. 25–93, 63 FR 8048, Feb. 17, engineer station.
1998; Amdt. 25–116, 69 FR 62788, Oct. 27, 2004; (c) Class C. A Class C cargo or bag-
Amdt. 25–123, 72 FR 63405, Nov. 8, 2007; Doc. gage compartment is one not meeting
No. Docket FAA–2014–0001, Amdt. 25–142, 81 the requirements for either a Class A
FR 7704, Feb. 16, 2016] or B compartment but in which—
(1) There is a separate approved
§ 25.856 Thermal/Acoustic insulation smoke detector or fire detector system
materials.
to give warning at the pilot or flight
(a) Thermal/acoustic insulation ma- engineer station;
terial installed in the fuselage must (2) There is an approved built-in fire
meet the flame propagation test re- extinguishing or suppression system
quirements of part VI of Appendix F to controllable from the cockpit.
this part, or other approved equivalent (3) There are means to exclude haz-
test requirements. This requirement ardous quantities of smoke, flames, or
does not apply to ‘‘small parts,’’ as de- extinguishing agent, from any com-
fined in part I of Appendix F of this partment occupied by the crew or pas-
part. sengers;
(b) For airplanes with a passenger ca- (4) There are means to control ven-
pacity of 20 or greater, thermal/acous- tilation and drafts within the compart-
tic insulation materials (including the ment so that the extinguishing agent
means of fastening the materials to the used can control any fire that may
fuselage) installed in the lower half of start within the compartment.
the airplane fuselage must meet the (d) [Reserved]
flame penetration resistance test re- (e) Class E. A Class E cargo compart-
quirements of part VII of Appendix F ment is one on airplanes used only for
lhorne on DSKJLZT7X2PROD with CFR

to this part, or other approved equiva- the carriage of cargo and in which—
lent test requirements. This require- (1) [Reserved]

304

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00314 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.859

(2) There is a separate approved operating configurations and condi-


smoke or fire detector system to give tions.
warning at the pilot or flight engineer [Amdt. 25–54, 45 FR 60173, Sept. 11, 1980, as
station; amended by Amdt. 25–93, 63 FR 8048, Feb. 17,
(3) There are means to shut off the 1998]
ventilating airflow to, or within, the
compartment, and the controls for § 25.859 Combustion heater fire pro-
these means are accessible to the flight tection.
crew in the crew compartment; (a) Combustion heater fire zones. The
(4) There are means to exclude haz- following combustion heater fire zones
ardous quantities of smoke, flames, or must be protected from fire in accord-
noxious gases, from the flight crew ance with the applicable provisions of
compartment; and §§ 25.1181 through 25.1191 and §§ 25.1195
(5) The required crew emergency through 25.1203;
exits are accessible under any cargo (1) The region surrounding the heat-
loading condition. er, if this region contains any flam-
(f) Class F. A Class F cargo or bag- mable fluid system components (ex-
gage compartment must be located on cluding the heater fuel system), that
the main deck and is one in which— could—
(1) There is a separate approved (i) Be damaged by heater malfunc-
smoke detector or fire detector system tioning; or
to give warning at the pilot or flight (ii) Allow flammable fluids or vapors
engineer station; to reach the heater in case of leakage.
(2) There are means to extinguish or (2) The region surrounding the heat-
control a fire without requiring a crew- er, if the heater fuel system has fit-
member to enter the compartment; and tings that, if they leaked, would allow
(3) There are means to exclude haz- fuel or vapors to enter this region.
ardous quantities of smoke, flames, or (3) The part of the ventilating air
extinguishing agent from any compart- passage that surrounds the combustion
ment occupied by the crew or pas-
chamber. However, no fire extinguish-
sengers.
ment is required in cabin ventilating
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as air passages.
amended by Amdt. 25–32, 37 FR 3972, Feb. 24, (b) Ventilating air ducts. Each ven-
1972; Amdt. 25–60, 51 FR 18243, May 16, 1986; tilating air duct passing through any
Amdt. 25–93, 63 FR 8048, Feb. 17, 1998; Doc.
fire zone must be fireproof. In addi-
No. Docket FAA–2014–0001, Amdt. 25–142, 81
FR 7704, Feb. 16, 2016] tion—
(1) Unless isolation is provided by
§ 25.858 Cargo or baggage compart- fireproof valves or by equally effective
ment smoke or fire detection sys- means, the ventilating air duct down-
tems. stream of each heater must be fireproof
If certification with cargo or baggage for a distance great enough to ensure
compartment smoke or fire detection that any fire originating in the heater
provisions is requested, the following can be contained in the duct; and
must be met for each cargo or baggage (2) Each part of any ventilating duct
compartment with those provisions: passing through any region having a
(a) The detection system must pro- flammable fluid system must be con-
vide a visual indication to the flight structed or isolated from that system
crew within one minute after the start so that the malfunctioning of any com-
of a fire. ponent of that system cannot intro-
(b) The system must be capable of de- duce flammable fluids or vapors into
tecting a fire at a temperature signifi- the ventilating airstream.
cantly below that at which the struc- (c) Combustion air ducts. Each com-
tural integrity of the airplane is sub- bustion air duct must be fireproof for a
stantially decreased. distance great enough to prevent dam-
(c) There must be means to allow the age from backfiring or reverse flame
crew to check in flight, the functioning propagation. In addition—
of each fire detector circuit. (1) No combustion air duct may have
lhorne on DSKJLZT7X2PROD with CFR

(d) The effectiveness of the detection a common opening with the ventilating
system must be shown for all approved airstream unless flames from backfires

305

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00315 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.863 14 CFR Ch. I (1–1–22 Edition)

or reverse burning cannot enter the §§ 25.1121 and 25.1123. In addition, there
ventilating airstream under any oper- must be provisions in the design of the
ating condition, including reverse flow heater exhaust system to safely expel
or malfunctioning of the heater or its the products of combustion to prevent
associated components; and the occurrence of—
(2) No combustion air duct may re- (1) Fuel leakage from the exhaust to
strict the prompt relief of any backfire surrounding compartments;
that, if so restricted, could cause heat- (2) Exhaust gas impingement on sur-
er failure. rounding equipment or structure;
(d) Heater controls; general. Provision (3) Ignition of flammable fluids by
must be made to prevent the hazardous the exhaust, if the exhaust is in a com-
accumulation of water or ice on or in partment containing flammable fluid
any heater control component, control lines; and
system tubing, or safety control. (4) Restriction by the exhaust of the
(e) Heater safety controls. For each prompt relief of backfires that, if so re-
combustion heater there must be the stricted, could cause heater failure.
following safety control means: (h) Heater fuel systems. Each heater
(1) Means independent of the compo- fuel system must meet each power-
nents provided for the normal contin- plant fuel system requirement affect-
uous control of air temperature, air- ing safe heater operation. Each heater
flow, and fuel flow must be provided, fuel system component within the ven-
for each heater, to automatically shut tilating airstream must be protected
off the ignition and fuel supply to that by shrouds so that no leakage from
heater at a point remote from that those components can enter the ven-
heater when any of the following oc- tilating airstream.
curs: (i) Drains. There must be means to
(i) The heat exchanger temperature safely drain fuel that might accumu-
exceeds safe limits. late within the combustion chamber or
(ii) The ventilating air temperature the heat exchanger. In addition—
exceeds safe limits. (1) Each part of any drain that oper-
(iii) The combustion airflow becomes ates at high temperatures must be pro-
inadequate for safe operation. tected in the same manner as heater
(iv) The ventilating airflow becomes exhausts; and
inadequate for safe operation. (2) Each drain must be protected
(2) The means of complying with from hazardous ice accumulation under
paragraph (e)(1) of this section for any any operating condition.
individual heater must— [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
(i) Be independent of components amended by Amdt. 25–11, 32 FR 6912, May 5,
serving any other heater whose heat 1967; Amdt. 25–23, 35 FR 5676, Apr. 8, 1970]
output is essential for safe operation;
and § 25.863 Flammable fluid fire protec-
(ii) Keep the heater off until re- tion.
started by the crew. (a) In each area where flammable
(3) There must be means to warn the fluids or vapors might escape by leak-
crew when any heater whose heat out- age of a fluid system, there must be
put is essential for safe operation has means to minimize the probability of
been shut off by the automatic means ignition of the fluids and vapors, and
prescribed in paragraph (e)(1) of this the resultant hazards if ignition does
section. occur.
(f) Air intakes. Each combustion and (b) Compliance with paragraph (a) of
ventilating air intake must be located this section must be shown by analysis
so that no flammable fluids or vapors or tests, and the following factors must
can enter the heater system under any be considered:
operating condition— (1) Possible sources and paths of fluid
(1) During normal operation; or leakage, and means of detecting leak-
(2) As a result of the malfunctioning age.
of any other component. (2) Flammability characteristics of
lhorne on DSKJLZT7X2PROD with CFR

(g) Heater exhaust. Heater exhaust fluids, including effects of any combus-
systems must meet the provisions of tible or absorbing materials.

306

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00316 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.875

(3) Possible ignition sources, includ- smoke protection requirements of


ing electrical faults, overheating of §§ 25.831(c) and 25.863.
equipment, and malfunctioning of pro- (2) Equipment that is located in des-
tective devices. ignated fire zones and is used during
(4) Means available for controlling or emergency procedures must be at least
extinguishing a fire, such as stopping fire resistant.
flow of fluids, shutting down equip- (3) EWIS components must meet the
ment, fireproof containment, or use of requirements of § 25.1713.
extinguishing agents. (b) Each vacuum air system line and
(5) Ability of airplane components fitting on the discharge side of the
that are critical to safety of flight to pump that might contain flammable
withstand fire and heat.
vapors or fluids must meet the require-
(c) If action by the flight crew is re-
ments of § 25.1183 if the line or fitting is
quired to prevent or counteract a fluid
in a designated fire zone. Other vacuum
fire (e.g., equipment shutdown or actu-
air systems components in designated
ation of a fire extinguisher) quick act-
ing means must be provided to alert fire zones must be at least fire resist-
the crew. ant.
(d) Each area where flammable fluids (c) Oxygen equipment and lines
or vapors might escape by leakage of a must—
fluid system must be identified and de- (1) Not be located in any designated
fined. fire zone,
(2) Be protected from heat that may
[Amdt. 25–23, 35 FR 5676, Apr. 8, 1970, as
amended by Amdt. 25–46, 43 FR 50597, Oct. 30,
be generated in, or escape from, any
1978] designated fire zone, and
(3) Be installed so that escaping oxy-
§ 25.865 Fire protection of flight con- gen cannot cause ignition of grease,
trols, engine mounts, and other fluid, or vapor accumulations that are
flight structure. present in normal operation or as a re-
Essential flight controls, engine sult of failure or malfunction of any
mounts, and other flight structures lo- system.
cated in designated fire zones or in ad-
[Amdt. 25–72, 55 FR 29784, July 20, 1990, as
jacent areas which would be subjected
amended by Amdt. 25–113, 69 FR 12530, Mar.
to the effects of fire in the fire zone 16, 2004; Amdt. 25–123, 72 FR 63405, Nov. 8,
must be constructed of fireproof mate- 2007]
rial or shielded so that they are capa-
ble of withstanding the effects of fire. MISCELLANEOUS
[Amdt. 25–23, 35 FR 5676, Apr. 8, 1970]
§ 25.871 Leveling means.
§ 25.867 Fire protection: other compo- There must be means for determining
nents. when the airplane is in a level position
(a) Surfaces to the rear of the na- on the ground.
celles, within one nacelle diameter of
[Amdt. 25–23, 35 FR 5676, Apr. 8, 1970]
the nacelle centerline, must be at least
fire-resistant. § 25.875 Reinforcement near propel-
(b) Paragraph (a) of this section does lers.
not apply to tail surfaces to the rear of
the nacelles that could not be readily (a) Each part of the airplane near the
affected by heat, flames, or sparks propeller tips must be strong and stiff
coming from a designated fire zone or enough to withstand the effects of the
engine compartment of any nacelle. induced vibration and of ice thrown
from the propeller.
[Amdt. 25–23, 35 FR 5676, Apr. 8, 1970]
(b) No window may be near the pro-
§ 25.869 Fire protection: systems. peller tips unless it can withstand the
most severe ice impact likely to occur.
(a) Electrical system components:
lhorne on DSKJLZT7X2PROD with CFR

(1) Components of the electrical sys-


tem must meet the applicable fire and

307

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00317 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.899 14 CFR Ch. I (1–1–22 Edition)

§ 25.899 Electrical bonding and protec- function or probable combination of


tion against static electricity. failures will jeopardize the safe oper-
(a) Electrical bonding and protection ation of the airplane except that the
against static electricity must be de- failure of structural elements need not
signed to minimize accumulation of be considered if the probability of such
electrostatic charge that would cause— failure is extremely remote.
(1) Human injury from electrical (d) Each auxiliary power unit instal-
shock, lation must meet the applicable provi-
(2) Ignition of flammable vapors, or sions of this subpart.
(3) Interference with installed elec- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
trical/electronic equipment. amended by Amdt. 25–23, 35 FR 5676, Apr. 8,
(b) Compliance with paragraph (a) of 1970; Amdt. 25–40, 42 FR 15042, Mar. 17, 1977;
this section may be shown by— Amdt. 25–46, 43 FR 50597, Oct. 30, 1978; Amdt.
(1) Bonding the components properly 25–126, 73 FR 63345, Oct. 24, 2008]
to the airframe; or
(2) Incorporating other acceptable § 25.903 Engines.
means to dissipate the static charge so (a) Engine type certificate. (1) Each en-
as not to endanger the airplane, per- gine must have a type certificate and
sonnel, or operation of the installed must meet the applicable requirements
electrical/electronic systems. of part 34 of this chapter.
[Amdt. 25–123, 72 FR 63405, Nov. 8, 2007] (2) Each turbine engine must comply
with one of the following:
Subpart E—Powerplant (i) Sections 33.76, 33.77 and 33.78 of
this chapter in effect on December 13,
GENERAL 2000, or as subsequently amended; or
(ii) Sections 33.77 and 33.78 of this
§ 25.901 Installation. chapter in effect on April 30, 1998, or as
(a) For the purpose of this part, the subsequently amended before Decem-
airplane powerplant installation in- ber 13, 2000; or
cludes each component that— (iii) Comply with § 33.77 of this chap-
(1) Is necessary for propulsion; ter in effect on October 31, 1974, or as
(2) Affects the control of the major subsequently amended prior to April
propulsive units; or 30, 1998, unless that engine’s foreign ob-
(3) Affects the safety of the major ject ingestion service history has re-
propulsive units between normal in- sulted in an unsafe condition; or
spections or overhauls. (iv) Be shown to have a foreign object
(b) For each powerplant— ingestion service history in similar in-
(1) The installation must comply stallation locations which has not re-
with— sulted in any unsafe condition.
(i) The installation instructions pro-
NOTE: § 33.77 of this chapter in effect on Oc-
vided under §§ 33.5 and 35.3 of this chap- tober 31, 1974, was published in 14 CFR parts
ter; and 1 to 59, Revised as of January 1, 1975. See 39
(ii) The applicable provisions of this FR 35467, October 1, 1974.
subpart;
(2) The components of the installa- (3) Each turbine engine must comply
tion must be constructed, arranged, with one of the following paragraphs:
and installed so as to ensure their con- (i) Section 33.68 of this chapter in ef-
tinued safe operation between normal fect on January 5, 2015, or as subse-
inspections or overhauls; quently amended; or
(3) The installation must be acces- (ii) Section 33.68 of this chapter in ef-
sible for necessary inspections and fect on February 23, 1984, or as subse-
maintenance; and quently amended before January 5,
(4) The major components of the in- 2015, unless that engine’s ice accumula-
stallation must be electrically bonded tion service history has resulted in an
to the other parts of the airplane. unsafe condition; or
(c) For each powerplant and auxiliary (iii) Section 33.68 of this chapter in
lhorne on DSKJLZT7X2PROD with CFR

power unit installation, it must be es- effect on October 1, 1974, or as subse-


tablished that no single failure or mal- quently amended prior to February 23,

308

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00318 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.905

1984, unless that engine’s ice accumula- a restart capability within that enve-
tion service history has resulted in an lope.
unsafe condition; or (3) For turbine engine powered air-
(iv) Be shown to have an ice accumu- planes, if the minimum windmilling
lation service history in similar instal- speed of the engines, following the
lation locations which has not resulted inflight shutdown of all engines, is in-
in any unsafe conditions. sufficient to provide the necessary
(b) Engine isolation. The powerplants electrical power for engine ignition, a
must be arranged and isolated from power source independent of the en-
each other to allow operation, in at gine-driven electrical power generating
least one configuration, so that the system must be provided to permit in-
failure or malfunction of any engine, or flight engine ignition for restarting.
of any system that can affect the en- (f) Auxiliary Power Unit. Each auxil-
gine, will not— iary power unit must be approved or
(1) Prevent the continued safe oper- meet the requirements of the category
ation of the remaining engines; or for its intended use.
(2) Require immediate action by any
crewmember for continued safe oper- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
ation. amended by Amdt. 25–23, 35 FR 5676, Apr. 8,
1970; Amdt. 25–40, 42 FR 15042, Mar. 17, 1977;
(c) Control of engine rotation. There
Amdt. 25–57, 49 FR 6848, Feb. 23, 1984; Amdt.
must be means for stopping the rota-
25–72, 55 FR 29784, July 20, 1990; Amdt. 25–73,
tion of any engine individually in 55 FR 32861, Aug. 10, 1990; Amdt. 25–94, 63 FR
flight, except that, for turbine engine 8848, Feb. 23, 1998; Amdt. 25–95, 63 FR 14798,
installations, the means for stopping Mar. 26, 1998; Amdt. 25–100, 65 FR 55854, Sept.
the rotation of any engine need be pro- 14, 2000; Amdt. 25–140, 79 FR 65525, Nov. 4,
vided only where continued rotation 2014]
could jeopardize the safety of the air-
plane. Each component of the stopping § 25.904 Automatic takeoff thrust con-
system on the engine side of the fire- trol system (ATTCS).
wall that might be exposed to fire must Each applicant seeking approval for
be at least fire-resistant. If hydraulic installation of an engine power control
propeller feathering systems are used system that automatically resets the
for this purpose, the feathering lines
power or thrust on the operating en-
must be at least fire resistant under
gine(s) when any engine fails during
the operating conditions that may be
expected to exist during feathering. the takeoff must comply with the re-
quirements of appendix I of this part.
(d) Turbine engine installations. For
turbine engine installations— [Amdt. 25–62, 52 FR 43156, Nov. 9, 1987]
(1) Design precautions must be taken
to minimize the hazards to the airplane § 25.905 Propellers.
in the event of an engine rotor failure (a) Each propeller must have a type
or of a fire originating within the en- certificate.
gine which burns through the engine (b) Engine power and propeller shaft
case. rotational speed may not exceed the
(2) The powerplant systems associ- limits for which the propeller is certifi-
ated with engine control devices, sys- cated.
tems, and instrumentation, must be de-
(c) The propeller blade pitch control
signed to give reasonable assurance
that those engine operating limitations system must meet the requirements of
that adversely affect turbine rotor §§ 35.21, 35.23, 35.42 and 35.43 of this
structural integrity will not be exceed- chapter.
ed in service. (d) Design precautions must be taken
(e) Restart capability. (1) Means to re- to minimize the hazards to the airplane
start any engine in flight must be pro- in the event a propeller blade fails or is
vided. released by a hub failure. The hazards
(2) An altitude and airspeed envelope which must be considered include dam-
lhorne on DSKJLZT7X2PROD with CFR

must be established for in-flight engine age to structure and vital systems due
restarting, and each engine must have to impact of a failed or released blade

309

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00319 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.907 14 CFR Ch. I (1–1–22 Edition)

and the unbalance created by such fail- (2) The effects of airplane and pro-
ure or release. peller operating and airworthiness lim-
itations.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–54, 45 FR 60173, Sept. [Amdt. 25–126, 73 FR 63345, Oct. 24, 2008]
11, 1980; Amdt. 25–57, 49 FR 6848, Feb. 23, 1984;
Amdt. 25–72, 55 FR 29784, July 20, 1990; Amdt. § 25.925 Propeller clearance.
25–126, 73 FR 63345, Oct. 24, 2008] Unless smaller clearances are sub-
stantiated, propeller clearances with
§ 25.907 Propeller vibration and fa-
the airplane at maximum weight, with
tigue.
the most adverse center of gravity, and
This section does not apply to fixed- with the propeller in the most adverse
pitch wood propellers of conventional pitch position, may not be less than
design. the following:
(a) The applicant must determine the (a) Ground clearance. There must be a
magnitude of the propeller vibration clearance of at least seven inches (for
stresses or loads, including any stress each airplane with nose wheel landing
peaks and resonant conditions, gear) or nine inches (for each airplane
throughout the operational envelope of with tail wheel landing gear) between
the airplane by either: each propeller and the ground with the
(1) Measurement of stresses or loads landing gear statically deflected and in
through direct testing or analysis the level takeoff, or taxiing attitude,
based on direct testing of the propeller whichever is most critical. In addition,
on the airplane and engine installation there must be positive clearance be-
for which approval is sought; or tween the propeller and the ground
when in the level takeoff attitude with
(2) Comparison of the propeller to
the critical tire(s) completely deflated
similar propellers installed on similar
and the corresponding landing gear
airplane installations for which these
strut bottomed.
measurements have been made.
(b) Water clearance. There must be a
(b) The applicant must demonstrate clearance of at least 18 inches between
by tests, analysis based on tests, or each propeller and the water, unless
previous experience on similar designs compliance with § 25.239(a) can be
that the propeller does not experience shown with a lesser clearance.
harmful effects of flutter throughout (c) Structural clearance. There must
the operational envelope of the air- be—
plane. (1) At least one inch radial clearance
(c) The applicant must perform an between the blade tips and the airplane
evaluation of the propeller to show structure, plus any additional radial
that failure due to fatigue will be clearance necessary to prevent harmful
avoided throughout the operational life vibration;
of the propeller using the fatigue and (2) At least one-half inch longitudinal
structural data obtained in accordance clearance between the propeller blades
with part 35 of this chapter and the vi- or cuffs and stationary parts of the air-
bration data obtained from compliance plane; and
with paragraph (a) of this section. For (3) Positive clearance between other
the purpose of this paragraph, the pro- rotating parts of the propeller or spin-
peller includes the hub, blades, blade ner and stationary parts of the air-
retention component and any other plane.
propeller component whose failure due [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
to fatigue could be catastrophic to the amended by Amdt. 25–72, 55 FR 29784, July 20,
airplane. This evaluation must include: 1990]
(1) The intended loading spectra in-
cluding all reasonably foreseeable pro- § 25.929 Propeller deicing.
peller vibration and cyclic load pat- (a) If certification for flight in icing
terns, identified emergency conditions, is sought there must be a means to pre-
allowable overspeeds and overtorques, vent or remove hazardous ice accumu-
lhorne on DSKJLZT7X2PROD with CFR

and the effects of temperatures and hu- lations that could form in the icing
midity expected in service. conditions defined in Appendix C of

310

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00320 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.939

this part and in the portions of Appen- ered if this kind of failure is extremely
dix O of this part for which the air- remote.
plane is approved for flight on propel- (2) Compliance with this section may
lers or on accessories where ice accu- be shown by failure analysis or testing,
mulation would jeopardize engine per- or both, for propeller systems that
formance. allow propeller blades to move from
(b) If combustible fluid is used for the flight low-pitch position to a posi-
propeller deicing, §§ 25.1181 through tion that is substantially less than
25.1185 and 25.1189 apply. that at the normal flight low-pitch po-
[ Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as sition. The analysis may include or be
amended by Amdt. 25–140, 79 FR 65525, Nov. 4, supported by the analysis made to
2014] show compliance with the require-
ments of § 35.21 of this chapter for the
§ 25.933 Reversing systems. propeller and associated installation
(a) For turbojet reversing systems— components.
(1) Each system intended for ground [Amdt. 25–72, 55 FR 29784, July 20, 1990]
operation only must be designed so
that during any reversal in flight the § 25.934 Turbojet engine thrust re-
engine will produce no more than flight verser system tests.
idle thrust. In addition, it must be Thrust reversers installed on tur-
shown by analysis or test, or both, bojet engines must meet the require-
that— ments of § 33.97 of this chapter.
(i) Each operable reverser can be re-
stored to the forward thrust position; [Amdt. 25–23, 35 FR 5677, Apr. 8, 1970]
and
§ 25.937 Turbopropeller-drag limiting
(ii) The airplane is capable of contin- systems.
ued safe flight and landing under any
possible position of the thrust reverser. Turbopropeller power airplane pro-
(2) Each system intended for inflight peller-drag limiting systems must be
use must be designed so that no unsafe designed so that no single failure or
condition will result during normal op- malfunction of any of the systems dur-
eration of the system, or from any fail- ing normal or emergency operation re-
ure (or reasonably likely combination sults in propeller drag in excess of that
of failures) of the reversing system, for which the airplane was designed
under any anticipated condition of op- under § 25.367. Failure of structural ele-
eration of the airplane including ments of the drag limiting systems
ground operation. Failure of structural need not be considered if the prob-
elements need not be considered if the ability of this kind of failure is ex-
probability of this kind of failure is ex- tremely remote.
tremely remote.
§ 25.939 Turbine engine operating
(3) Each system must have means to characteristics.
prevent the engine from producing
more than idle thrust when the revers- (a) Turbine engine operating charac-
ing system malfunctions, except that it teristics must be investigated in flight
may produce any greater forward to determine that no adverse charac-
thrust that is shown to allow direc- teristics (such as stall, surge, or flame-
tional control to be maintained, with out) are present, to a hazardous degree,
aerodynamic means alone, under the during normal and emergency oper-
most critical reversing condition ex- ation within the range of operating
pected in operation. limitations of the airplane and of the
(b) For propeller reversing systems— engine.
(1) Each system intended for ground (b) [Reserved]
operation only must be designed so (c) The turbine engine air inlet sys-
that no single failure (or reasonably tem may not, as a result of air flow dis-
likely combination of failures) or mal- tortion during normal operation, cause
function of the system will result in vibration harmful to the engine.
unwanted reverse thrust under any ex-
lhorne on DSKJLZT7X2PROD with CFR

[Amdt. 25–11, 32 FR 6912, May 5, 1967, as


pected operating condition. Failure of amended by Amdt. 25–40, 42 FR 15043, Mar. 17,
structural elements need not be consid- 1977]

311

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00321 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.941 14 CFR Ch. I (1–1–22 Edition)

§ 25.941 Inlet, engine, and exhaust (b) Fluid tanks. Each augmentation
compatibility. system fluid tank must meet the fol-
lowing requirements:
For airplanes using variable inlet or
(1) Each tank must be able to with-
exhaust system geometry, or both—
stand without failure the vibration, in-
(a) The system comprised of the ertia, fluid, and structural loads that it
inlet, engine (including thrust aug- may be subject to in operation.
mentation systems, if incorporated), (2) The tanks as mounted in the air-
and exhaust must be shown to function plane must be able to withstand with-
properly under all operating conditions out failure or leakage an internal pres-
for which approval is sought, including sure 1.5 times the maximum operating
all engine rotating speeds and power pressure.
settings, and engine inlet and exhaust (3) If a vent is provided, the venting
configurations; must be effective under all normal
(b) The dynamic effects of the oper- flight conditions.
ation of these (including consideration (4) [Reserved]
of probable malfunctions) upon the aer- (5) Each tank must have an expan-
odynamic control of the airplane may sion space of not less than 2 percent of
not result in any condition that would the tank capacity. It must be impos-
require exceptional skill, alertness, or sible to fill the expansion space inad-
strength on the part of the pilot to vertently with the airplane in the nor-
avoid exceeding an operational or mal ground attitude.
structural limitation of the airplane; (c) Augmentation system drains
and must be designed and located in ac-
(c) In showing compliance with para- cordance with § 25.1455 if—
graph (b) of this section, the pilot (1) The augmentation system fluid is
strength required may not exceed the subject to freezing; and
limits set forth in § 25.143(d), subject to (2) The fluid may be drained in flight
the conditions set forth in paragraphs or during ground operation.
(e) and (f) of § 25.143. (d) The augmentation liquid tank ca-
pacity available for the use of each en-
[Amdt. 25–38, 41 FR 55467, Dec. 20, 1976, as gine must be large enough to allow op-
amended by Amdt. 25–121, 72 FR 44669, Aug. 8, eration of the airplane under the ap-
2007] proved procedures for the use of liquid-
augmented power. The computation of
§ 25.943 Negative acceleration. liquid consumption must be based on
No hazardous malfunction of an en- the maximum approved rate appro-
gine, an auxiliary power unit approved priate for the desired engine output
for use in flight, or any component or and must include the effect of tempera-
system associated with the powerplant ture on engine performance as well as
or auxiliary power unit may occur any other factors that might vary the
when the airplane is operated at the amount of liquid required.
negative accelerations within the (e) This section does not apply to fuel
flight envelopes prescribed in § 25.333. injection systems.
This must be shown for the greatest [Amdt. 25–40, 42 FR 15043, Mar. 17, 1977, as
duration expected for the acceleration. amended by Amdt. 25–72, 55 FR 29785, July 20,
1990; Amdt. 25–115, 69 FR 40527, July 2, 2004]
[Amdt. 25–40, 42 FR 15043, Mar. 17, 1977]
FUEL SYSTEM
§ 25.945 Thrust or power augmentation
system. § 25.951 General.
(a) General. Each fluid injection sys- (a) Each fuel system must be con-
tem must provide a flow of fluid at the structed and arranged to ensure a flow
rate and pressure established for proper of fuel at a rate and pressure estab-
engine functioning under each intended lished for proper engine and auxiliary
operating condition. If the fluid can power unit functioning under each
freeze, fluid freezing may not damage likely operating condition, including
lhorne on DSKJLZT7X2PROD with CFR

the airplane or adversely affect air- any maneuver for which certification is
plane performance. requested and during which the engine

312

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00322 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.955

or auxiliary power unit is permitted to feature or structure, could create an


be in operation. ignition source.
(b) Each fuel system must be ar- (2) A fuel system includes any compo-
ranged so that any air which is intro- nent within either the fuel tank struc-
duced into the system will not result ture or the fuel tank systems, and any
in— airplane structure or system compo-
(1) Power interruption for more than nents that penetrate, connect to, or are
20 seconds for reciprocating engines; or located within a fuel tank.
(2) Flameout for turbine engines. (b) The design and installation of a
(c) Each fuel system for a turbine en- fuel system must prevent catastrophic
gine must be capable of sustained oper- fuel vapor ignition due to lightning and
ation throughout its flow and pressure its effects, including:
range with fuel initially saturated with (1) Direct lightning strikes to areas
water at 80 °F and having 0.75cc of free having a high probability of stroke at-
water per gallon added and cooled to tachment;
the most critical condition for icing (2) Swept lightning strokes to areas
likely to be encountered in operation. where swept strokes are highly prob-
(d) Each fuel system for a turbine en- able; and
gine powered airplane must meet the (3) Lightning-induced or conducted
applicable fuel venting requirements of electrical transients.
part 34 of this chapter. (c) To comply with paragraph (b) of
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
this section, catastrophic fuel vapor ig-
amended by Amdt. 25–23, 35 FR 5677, Apr. 8, nition must be extremely improbable,
1970; Amdt. 25–36, 39 FR 35460, Oct. 1, 1974; taking into account flammability, crit-
Amdt. 25–38, 41 FR 55467, Dec. 20, 1976; Amdt. ical lightning strikes, and failures
25–73, 55 FR 32861, Aug. 10, 1990] within the fuel system.
(d) To protect design features that
§ 25.952 Fuel system analysis and test. prevent catastrophic fuel vapor igni-
(a) Proper fuel system functioning tion caused by lightning, the type de-
under all probable operating conditions sign must include critical design con-
must be shown by analysis and those figuration control limitations
tests found necessary by the Adminis- (CDCCLs) identifying those features
trator. Tests, if required, must be made and providing information to protect
using the airplane fuel system or a test them. To ensure the continued effec-
article that reproduces the operating tiveness of those design features, the
characteristics of the portion of the type design must also include inspec-
fuel system to be tested. tion and test procedures, intervals be-
(b) The likely failure of any heat ex- tween repetitive inspections and tests,
changer using fuel as one of its fluids and mandatory replacement times for
may not result in a hazardous condi- those design features used in dem-
tion. onstrating compliance to paragraph (b)
[Amdt. 25–40, 42 FR 15043, Mar. 17, 1977]
of this section. The applicant must in-
clude the information required by this
§ 25.953 Fuel system independence. paragraph in the Airworthiness Limi-
tations section of the Instructions for
Each fuel system must meet the re-
Continued Airworthiness required by
quirements of § 25.903(b) by—
§ 25.1529.
(a) Allowing the supply of fuel to
each engine through a system inde- [Doc. No. FAA–2014–1027, Amdt. 25–146, 83 FR
pendent of each part of the system sup- 47556, Sept. 20, 2018]
plying fuel to any other engine; or
(b) Any other acceptable method. § 25.955 Fuel flow.
(a) Each fuel system must provide at
§ 25.954 Fuel system lightning protec- least 100 percent of the fuel flow re-
tion. quired under each intended operating
(a) For purposes of this section— condition and maneuver. Compliance
(1) A critical lightning strike is a must be shown as follows:
lightning strike that attaches to the (1) Fuel must be delivered to each en-
lhorne on DSKJLZT7X2PROD with CFR

airplane in a location that, when com- gine at a pressure within the limits
bined with the failure of any design specified in the engine type certificate.

313

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00323 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.957 14 CFR Ch. I (1–1–22 Edition)

(2) The quantity of fuel in the tank tion for all intended operations and
may not exceed the amount established flight maneuvers involving fuel feeding
as the unusable fuel supply for that from that tank. Fuel system compo-
tank under the requirements of § 25.959 nent failures need not be considered.
plus that necessary to show compliance
[Amdt. 25–23, 35 FR 5677, Apr. 8, 1970, as
with this section.
amended by Amdt. 25–40, 42 FR 15043, Mar. 17,
(3) Each main pump must be used 1977]
that is necessary for each operating
condition and attitude for which com- § 25.961 Fuel system hot weather oper-
pliance with this section is shown, and ation.
the appropriate emergency pump must
be substituted for each main pump so (a) The fuel system must perform
used. satisfactorily in hot weather operation.
(4) If there is a fuel flowmeter, it This must be shown by showing that
must be blocked and the fuel must flow the fuel system from the tank outlets
through the meter or its bypass. to each engine is pressurized, under all
(b) If an engine can be supplied with intended operations, so as to prevent
fuel from more than one tank, the fuel vapor formation, or must be shown by
system must— climbing from the altitude of the air-
(1) For each reciprocating engine, port elected by the applicant to the
supply the full fuel pressure to that en- maximum altitude established as an
gine in not more than 20 seconds after operating limitation under § 25.1527. If a
switching to any other fuel tank con- climb test is elected, there may be no
taining usable fuel when engine mal- evidence of vapor lock or other mal-
functioning becomes apparent due to functioning during the climb test con-
the depletion of the fuel supply in any ducted under the following conditions:
tank from which the engine can be fed; (1) For reciprocating engine powered
and airplanes, the engines must operate at
(2) For each turbine engine, in addi- maximum continuous power, except
tion to having appropriate manual that takeoff power must be used for the
switching capability, be designed to altitudes from 1,000 feet below the crit-
prevent interruption of fuel flow to ical altitude through the critical alti-
that engine, without attention by the tude. The time interval during which
flight crew, when any tank supplying takeoff power is used may not be less
fuel to that engine is depleted of usable than the takeoff time limitation.
fuel during normal operation, and any (2) For turbine engine powered air-
other tank, that normally supplies fuel planes, the engines must operate at
to that engine alone, contains usable takeoff power for the time interval se-
fuel. lected for showing the takeoff flight
path, and at maximum continuous
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
power for the rest of the climb.
amended by Amdt. 25–11, 32 FR 6912, May 5,
1967] (3) The weight of the airplane must
be the weight with full fuel tanks, min-
§ 25.957 Flow between interconnected imum crew, and the ballast necessary
tanks. to maintain the center of gravity with-
If fuel can be pumped from one tank in allowable limits.
to another in flight, the fuel tank (4) The climb airspeed may not ex-
vents and the fuel transfer system ceed—
must be designed so that no structural (i) For reciprocating engine powered
damage to the tanks can occur because airplanes, the maximum airspeed es-
of overfilling. tablished for climbing from takeoff to
the maximum operating altitude with
§ 25.959 Unusable fuel supply. the airplane in the following configura-
The unusable fuel quantity for each tion:
fuel tank and its fuel system compo- (A) Landing gear retracted.
nents must be established at not less (B) Wing flaps in the most favorable
than the quantity at which the first position.
lhorne on DSKJLZT7X2PROD with CFR

evidence of engine malfunction occurs (C) Cowl flaps (or other means of con-
under the most adverse fuel feed condi- trolling the engine cooling supply) in

314

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00324 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.963

the position that provides adequate L = a reference distance between the point of
cooling in the hot-day condition. pressure and the tank farthest boundary
in the direction of loading
(D) Engine operating within the max-
K = 4.5 for the forward loading condition for
imum continuous power limitations. those parts of fuel tanks outside the fu-
(E) Maximum takeoff weight; and selage pressure boundary
(ii) For turbine engine powered air- K = 9 for the forward loading condition for
planes, the maximum airspeed estab- those parts of fuel tanks within the fuse-
lished for climbing from takeoff to the lage pressure boundary, or that form part
maximum operating altitude. of the fuselage pressure boundary
K = 1.5 for the aft loading condition
(5) The fuel temperature must be at K = 3.0 for the inboard and outboard loading
least 110 °F. conditions for those parts of fuel tanks
(b) The test prescribed in paragraph within the fuselage pressure boundary, or
(a) of this section may be performed in that form part of the fuselage pressure
flight or on the ground under closely boundary
simulated flight conditions. If a flight K = 1.5 for the inboard and outboard loading
test is performed in weather cold conditions for those parts of fuel tanks
outside the fuselage pressure boundary
enough to interfere with the proper K = 6 for the downward loading condition
conduct of the test, the fuel tank sur- K = 3 for the upward loading condition
faces, fuel lines, and other fuel system
parts subject to cold air must be insu- (2) For those parts of wing fuel tanks
lated to simulate, insofar as prac- near the fuselage or near the engines,
ticable, flight in hot weather. the greater of the fuel pressures result-
ing from paragraphs (d)(2)(i) or (d)(2)(ii)
[Amdt. 25–11, 32 FR 6912, May 5, 1967, as of this section must be used:
amended by Amdt. 25–57, 49 FR 6848, Feb. 23, (i) The fuel pressures resulting from
1984] paragraph (d)(1) of this section, and
(ii) The lesser of the two following
§ 25.963 Fuel tanks: general.
conditions:
(a) Each fuel tank must be able to (A) Fuel pressures resulting from the
withstand, without failure, the vibra- accelerations specified in § 25.561(b)(3)
tion, inertia, fluid, and structural loads considering the fuel tank full of fuel at
that it may be subjected to in oper- maximum fuel density. Fuel pressures
ation. based on the 9.0g forward acceleration
(b) Flexible fuel tank liners must be may be calculated using the fuel static
approved or must be shown to be suit- head equal to the streamwise local
able for the particular application. chord of the tank. For inboard and out-
(c) Integral fuel tanks must have fa- board conditions, an acceleration of
cilities for interior inspection and re- 1.5g may be used in lieu of 3.0g as speci-
pair. fied in § 25.561(b)(3).
(d) Fuel tanks must, so far as it is (B) Fuel pressures resulting from the
practicable, be designed, located, and accelerations as specified in
installed so that no fuel is released in § 25.561(b)(3) considering a fuel volume
or near the fuselage, or near the en- beyond 85 percent of the maximum per-
gines, in quantities that would con- missible volume in each tank using the
stitute a fire hazard in otherwise sur- static head associated with the 85 per-
vivable emergency landing conditions, cent fuel level. A typical density of the
and— appropriate fuel may be used. For in-
(1) Fuel tanks must be able to resist board and outboard conditions, an ac-
rupture and retain fuel under ultimate celeration of 1.5g may be used in lieu of
hydrostatic design conditions in which 3.0g as specified in § 25.561(b)(3).
the pressure P within the tank varies (3) Fuel tank internal barriers and
in accordance with the formula: baffles may be considered as solid
boundaries if shown to be effective in
P = KrgL limiting fuel flow.
Where— (4) For each fuel tank and sur-
P = fuel pressure at each point within the rounding airframe structure, the ef-
tank fects of crushing and scraping actions
lhorne on DSKJLZT7X2PROD with CFR

r = typical fuel density with the ground must not cause the
g = acceleration due to gravity spillage of enough fuel, or generate

315

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00325 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.965 14 CFR Ch. I (1–1–22 Edition)

temperatures that would constitute a cause fuel leakage, must be able to


fire hazard under the conditions speci- withstand the following test, or its
fied in § 25.721(b). equivalent, without leakage or exces-
(5) Fuel tank installations must be sive deformation of the tank walls:
such that the tanks will not rupture as (1) Each complete tank assembly and
a result of the landing gear or an en- its supports must be vibration tested
gine pylon or engine mount tearing while mounted to simulate the actual
away as specified in § 25.721(a) and (c). installation.
(e) Fuel tank access covers must (2) Except as specified in paragraph
comply with the following criteria in (b)(4) of this section, the tank assembly
order to avoid loss of hazardous quan- must be vibrated for 25 hours at an am-
tities of fuel: plitude of not less than 1⁄32 of an inch
(1) All covers located in an area (unless another amplitude is substan-
where experience or analysis indicates tiated) while 2⁄3 filled with water or
a strike is likely must be shown by other suitable test fluid.
analysis or tests to minimize penetra- (3) The test frequency of vibration
tion and deformation by tire frag- must be as follows:
ments, low energy engine debris, or (i) If no frequency of vibration result-
other likely debris. ing from any r.p.m. within the normal
(2) All covers must be fire resistant operating range of engine speeds is
as defined in part 1 of this chapter. critical, the test frequency of vibration
(f) For pressurized fuel tanks, a must be 2,000 cycles per minute.
means with fail-safe features must be (ii) If only one frequency of vibration
provided to prevent the buildup of an resulting from any r.p.m. within the
excessive pressure difference between normal operating range of engine
the inside and the outside of the tank. speeds is critical, that frequency of vi-
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as bration must be the test frequency.
amended by Amdt. 25–40, 42 FR 15043, Mar. 17, (iii) If more than one frequency of vi-
1977; Amdt. 25–69, 54 FR 40354, Sept. 29, 1989; bration resulting from any r.p.m. with-
Amdt. 25–139, 79 FR 59430, Oct. 2, 2014] in the normal operating range of en-
gine speeds is critical, the most crit-
§ 25.965 Fuel tank tests. ical of these frequencies must be the
(a) It must be shown by tests that the test frequency.
fuel tanks, as mounted in the airplane, (4) Under paragraphs (b)(3)(ii) and
can withstand, without failure or leak- (iii) of this section, the time of test
age, the more critical of the pressures must be adjusted to accomplish the
resulting from the conditions specified same number of vibration cycles that
in paragraphs (a)(1) and (2) of this sec- would be accomplished in 25 hours at
tion. In addition, it must be shown by the frequency specified in paragraph
either analysis or tests, that tank sur- (b)(3)(i) of this section.
faces subjected to more critical pres- (5) During the test, the tank assem-
sures resulting from the condition of bly must be rocked at the rate of 16 to
paragraphs (a)(3) and (4) of this section, 20 complete cycles per minute, through
are able to withstand the following an angle of 15° on both sides of the hor-
pressures: izontal (30° total), about the most crit-
(1) An internal pressure of 3.5 psi. ical axis, for 25 hours. If motion about
(2) 125 percent of the maximum air more than one axis is likely to be crit-
pressure developed in the tank from ical, the tank must be rocked about
ram effect. each critical axis for 121⁄2 hours.
(3) Fluid pressures developed during (c) Except where satisfactory oper-
maximum limit accelerations, and de- ating experience with a similar tank in
flections, of the airplane with a full a similar installation is shown, non-
tank. metallic tanks must withstand the test
(4) Fluid pressures developed during specified in paragraph (b)(5) of this sec-
the most adverse combination of air- tion, with fuel at a temperature of 110
plane roll and fuel load. °F. During this test, a representative
(b) Each metallic tank with large un- specimen of the tank must be installed
lhorne on DSKJLZT7X2PROD with CFR

supported or unstiffened flat surfaces, in a supporting structure simulating


whose failure or deformation could the installation in the airplane.

316

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00326 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.975

(d) For pressurized fuel tanks, it tion may be shown with the means pro-
must be shown by analysis or tests vided to comply with § 25.979(b).
that the fuel tanks can withstand the
[Amdt. 25–11, 32 FR 6913, May 5, 1967]
maximum pressure likely to occur on
the ground or in flight. § 25.971 Fuel tank sump.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as (a) Each fuel tank must have a sump
amended by Amdt. 25–11, 32 FR 6913, May 5, with an effective capacity, in the nor-
1967; Amdt. 25–40, 42 FR 15043, Mar. 17, 1977]
mal ground attitude, of not less than
the greater of 0.10 percent of the tank
§ 25.967 Fuel tank installations.
capacity or one-sixteenth of a gallon
(a) Each fuel tank must be supported unless operating limitations are estab-
so that tank loads (resulting from the lished to ensure that the accumulation
weight of the fuel in the tanks) are not of water in service will not exceed the
concentrated on unsupported tank sur- sump capacity.
faces. In addition— (b) Each fuel tank must allow drain-
(1) There must be pads, if necessary, age of any hazardous quantity of water
to prevent chafing between the tank from any part of the tank to its sump
and its supports; with the airplane in the ground atti-
(2) Padding must be nonabsorbent or tude.
treated to prevent the absorption of (c) Each fuel tank sump must have
fluids; an accessible drain that—
(3) If a flexible tank liner is used, it (1) Allows complete drainage of the
must be supported so that it is not re- sump on the ground;
quired to withstand fluid loads; and (2) Discharges clear of each part of
(4) Each interior surface of the tank the airplane; and
compartment must be smooth and free (3) Has manual or automatic means
of projections that could cause wear of for positive locking in the closed posi-
the liner unless— tion.
(i) Provisions are made for protection
of the liner at these points; or § 25.973 Fuel tank filler connection.
(ii) The construction of the liner Each fuel tank filler connection must
itself provides that protection. prevent the entrance of fuel into any
(b) Spaces adjacent to tank surfaces part of the airplane other than the
must be ventilated to avoid fume accu- tank itself. In addition—
mulation due to minor leakage. If the (a) [Reserved]
tank is in a sealed compartment, ven- (b) Each recessed filler connection
tilation may be limited to drain holes that can retain any appreciable quan-
large enough to prevent excessive pres- tity of fuel must have a drain that dis-
sure resulting from altitude changes. charges clear of each part of the air-
(c) The location of each tank must plane;
meet the requirements of § 25.1185(a). (c) Each filler cap must provide a
(d) No engine nacelle skin imme- fuel-tight seal; and
diately behind a major air outlet from (d) Each fuel filling point must have
the engine compartment may act as a provision for electrically bonding the
the wall of an integral tank. airplane to ground fueling equipment.
(e) Each fuel tank must be isolated
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
from personnel compartments by a amended by Amdt. 25–40, 42 FR 15043, Mar. 17,
fumeproof and fuelproof enclosure. 1977; Amdt. 25–72, 55 FR 29785, July 20, 1990;
Amdt. 25–115, 69 FR 40527, July 2, 2004]
§ 25.969 Fuel tank expansion space.
Each fuel tank must have an expan- § 25.975 Fuel tank vents and carbu-
sion space of not less than 2 percent of retor vapor vents.
the tank capacity. It must be impos- (a) Fuel tank vents. Each fuel tank
sible to fill the expansion space inad- must be vented from the top part of the
vertently with the airplane in the nor- expansion space so that venting is ef-
lhorne on DSKJLZT7X2PROD with CFR

mal ground attitude. For pressure fuel- fective under any normal flight condi-
ing systems, compliance with this sec- tion. In addition—

317

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00327 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.977 14 CFR Ch. I (1–1–22 Edition)

(1) Each vent must be arranged to § 25.977 Fuel tank outlet.


avoid stoppage by dirt or ice forma-
(a) There must be a fuel strainer for
tion; the fuel tank outlet or for the booster
(2) The vent arrangement must pre- pump. This strainer must—
vent siphoning of fuel during normal (1) For reciprocating engine powered
operation; airplanes, have 8 to 16 meshes per inch;
(3) The venting capacity and vent and
pressure levels must maintain accept- (2) For turbine engine powered air-
able differences of pressure between planes, prevent the passage of any ob-
the interior and exterior of the tank, ject that could restrict fuel flow or
during— damage any fuel system component.
(i) Normal flight operation; (b) [Reserved]
(ii) Maximum rate of ascent and de- (c) The clear area of each fuel tank
scent; and outlet strainer must be at least five
(iii) Refueling and defueling (where times the area of the outlet line.
applicable); (d) The diameter of each strainer
(4) Airspaces of tanks with inter- must be at least that of the fuel tank
connected outlets must be inter- outlet.
connected; (e) Each finger strainer must be ac-
(5) There may be no point in any vent cessible for inspection and cleaning.
line where moisture can accumulate [Amdt. 25–11, 32 FR 6913, May 5, 1967, as
with the airplane in the ground atti- amended by Amdt. 25–36, 39 FR 35460, Oct. 1,
tude or the level flight attitude, unless 1974]
drainage is provided;
(6) No vent or drainage provision may § 25.979 Pressure fueling system.
end at any point— For pressure fueling systems, the fol-
(i) Where the discharge of fuel from lowing apply:
the vent outlet would constitute a fire (a) Each pressure fueling system fuel
hazard; or manifold connection must have means
(ii) From which fumes could enter to prevent the escape of hazardous
personnel compartments; and quantities of fuel from the system if
(7) Each fuel tank vent system must the fuel entry valve fails.
prevent explosions, for a minimum of 2 (b) An automatic shutoff means must
minutes and 30 seconds, caused by be provided to prevent the quantity of
propagation of flames from outside the fuel in each tank from exceeding the
tank through the fuel tank vents into maximum quantity approved for that
fuel tank vapor spaces when any fuel tank. This means must—
tank vent is continuously exposed to (1) Allow checking for proper shutoff
flame. operation before each fueling of the
tank; and
(b) Carburetor vapor vents. Each car-
(2) Provide indication at each fueling
buretor with vapor elimination connec-
station of failure of the shutoff means
tions must have a vent line to lead va-
to stop the fuel flow at the maximum
pors back to one of the fuel tanks. In
quantity approved for that tank.
addition—
(c) A means must be provided to pre-
(1) Each vent system must have vent damage to the fuel system in the
means to avoid stoppage by ice; and event of failure of the automatic shut-
(2) If there is more than one fuel off means prescribed in paragraph (b)
tank, and it is necessary to use the of this section.
tanks in a definite sequence, each (d) The airplane pressure fueling sys-
vapor vent return line must lead back tem (not including fuel tanks and fuel
to the fuel tank used for takeoff and tank vents) must withstand an ulti-
landing. mate load that is 2.0 times the load
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
arising from the maximum pressures,
including surge, that is likely to occur
lhorne on DSKJLZT7X2PROD with CFR

amended by Docket No. FAA–2014–0500,


Amdt. No. 25–143, 81 FR 41207, June 24, 2016] during fueling. The maximum surge
pressure must be established with any

318

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00328 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.981

combination of tank valves being ei- the analysis must be based on an as-
ther intentionally or inadvertently sumed Equivalent Conventional
closed. Unheated Aluminum Wing Tank.
(e) The airplane defueling system (1) Fleet Average Flammability Ex-
(not including fuel tanks and fuel tank posure is determined in accordance
vents) must withstand an ultimate with Appendix N of this part. The as-
load that is 2.0 times the load arising sessment must be done in accordance
from the maximum permissible with the methods and procedures set
defueling pressure (positive or nega- forth in the Fuel Tank Flammability
tive) at the airplane fueling connec- Assessment Method User’s Manual,
tion. dated May 2008, document number
[Amdt. 25–11, 32 FR 6913, May 5, 1967, as DOT/FAA/AR–05/8 (incorporated by ref-
amended by Amdt. 25–38, 41 FR 55467, Dec. 20, erence, see § 25.5).
1976; Amdt. 25–72, 55 FR 29785, July 20, 1990] (2) Any fuel tank other than a main
fuel tank on an airplane must meet the
§ 25.981 Fuel tank explosion preven- flammability exposure criteria of Ap-
tion. pendix M to this part if any portion of
(a) No ignition source may be present the tank is located within the fuselage
at each point in the fuel tank or fuel contour.
tank system where catastrophic failure (3) As used in this paragraph,
could occur due to ignition of fuel or (i) Equivalent Conventional Unheated
vapors. This must be shown by: Aluminum Wing Tank is an integral
(1) Determining the highest tempera- tank in an unheated semi-monocoque
ture allowing a safe margin below the aluminum wing of a subsonic airplane
lowest expected autoignition tempera- that is equivalent in aerodynamic per-
ture of the fuel in the fuel tanks. formance, structural capability, fuel
(2) Demonstrating that no tempera- tank capacity and tank configuration
ture at each place inside each fuel tank to the designed wing.
where fuel ignition is possible will ex- (ii) Fleet Average Flammability Expo-
ceed the temperature determined under sure is defined in Appendix N to this
paragraph (a)(1) of this section. This part and means the percentage of time
must be verified under all probable op- each fuel tank ullage is flammable for
erating, failure, and malfunction con- a fleet of an airplane type operating
ditions of each component whose oper- over the range of flight lengths.
ation, failure, or malfunction could in- (iii) Main Fuel Tank means a fuel
crease the temperature inside the tank. tank that feeds fuel directly into one
(3) Except for ignition sources due to or more engines and holds required fuel
lightning addressed by § 25.954, dem- reserves continually throughout each
onstrating that an ignition source flight.
could not result from each single fail- (c) Paragraph (b) of this section does
ure, from each single failure in com- not apply to a fuel tank if means are
bination with each latent failure condi- provided to mitigate the effects of an
tion not shown to be extremely remote, ignition of fuel vapors within that fuel
and from all combinations of failures tank such that no damage caused by an
not shown to be extremely improbable, ignition will prevent continued safe
taking into account the effects of man- flight and landing.
ufacturing variability, aging, wear, (d) To protect design features that
corrosion, and likely damage. prevent catastrophic ignition sources
(b) Except as provided in paragraphs within the fuel tank or fuel tank sys-
(b)(2) and (c) of this section, no fuel tem according to paragraph (a) of this
tank Fleet Average Flammability Ex- section, and to prevent increasing the
posure on an airplane may exceed three flammability exposure of the tanks
percent of the Flammability Exposure above that permitted in paragraph (b)
Evaluation Time (FEET) as defined in of this section, the type design must
Appendix N of this part, or that of a include critical design configuration
fuel tank within the wing of the air- control limitations (CDCCLs) identi-
plane model being evaluated, which- fying those features and providing in-
lhorne on DSKJLZT7X2PROD with CFR

ever is greater. If the wing is not a con- structions on how to protect them. To
ventional unheated aluminum wing, ensure the continued effectiveness of

319

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00329 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.991 14 CFR Ch. I (1–1–22 Edition)

those features, and prevent degrada- relative motion could exist must have
tion of the performance and reliability provisions for flexibility.
of any means provided according to (c) Each flexible connection in fuel
paragraphs (a), (b), or (c) of this sec- lines that may be under pressure and
tion, the type design must also include subjected to axial loading must use
necessary inspection and test proce- flexible hose assemblies.
dures, intervals between repetitive in- (d) Flexible hose must be approved or
spections and tests, and mandatory re- must be shown to be suitable for the
placement times for those features. particular application.
The applicant must include informa- (e) No flexible hose that might be ad-
tion required by this paragraph in the versely affected by exposure to high
Airworthiness Limitations section of temperatures may be used where exces-
the Instructions for Continued Air- sive temperatures will exist during op-
worthiness required by § 25.1529. The eration or after engine shut-down.
type design must also include visible (f) Each fuel line within the fuselage
means of identifying critical features must be designed and installed to allow
of the design in areas of the airplane a reasonable degree of deformation and
where foreseeable maintenance ac- stretching without leakage.
tions, repairs, or alterations may com- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
promise the CDCCLs. amended by Amdt. 25–15, 32 FR 13266, Sept.
20, 1967]
[Doc. No. 1999–6411, 66 FR 23129, May 7, 2001,
as amended by Doc. No. FAA–2005–22997, 73 § 25.994 Fuel system components.
FR 42494, July 21, 2008; Doc. No. FAA– 2014–
1027, Amdt. No. 25–146, 83 FR 47556, Sept. 20, Fuel system components in an engine
2018] nacelle or in the fuselage must be pro-
tected from damage that could result
FUEL SYSTEM COMPONENTS in spillage of enough fuel to constitute
a fire hazard as a result of a wheels-up
§ 25.991 Fuel pumps. landing on a paved runway under each
(a) Main pumps. Each fuel pump re- of the conditions prescribed in
quired for proper engine operation, or § 25.721(b).
required to meet the fuel system re- [Amdt. 25–139, 79 FR 59430, Oct. 2, 2014]
quirements of this subpart (other than
those in paragraph (b) of this section, § 25.995 Fuel valves.
is a main pump. For each main pump, In addition to the requirements of
provision must be made to allow the § 25.1189 for shutoff means, each fuel
bypass of each positive displacement valve must—
fuel pump other than a fuel injection (a) [Reserved]
pump (a pump that supplies the proper (b) Be supported so that no loads re-
flow and pressure for fuel injection sulting from their operation or from
when the injection is not accomplished accelerated flight conditions are trans-
in a carburetor) approved as part of the mitted to the lines attached to the
engine. valve.
(b) Emergency pumps. There must be
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
emergency pumps or another main amended by Amdt. 25–40, 42 FR 15043, Mar. 17,
pump to feed each engine immediately 1977]
after failure of any main pump (other
than a fuel injection pump approved as § 25.997 Fuel strainer or filter.
part of the engine). There must be a fuel strainer or filter
between the fuel tank outlet and the
§ 25.993 Fuel system lines and fittings.
inlet of either the fuel metering device
(a) Each fuel line must be installed or an engine driven positive displace-
and supported to prevent excessive vi- ment pump, whichever is nearer the
bration and to withstand loads due to fuel tank outlet. This fuel strainer or
fuel pressure and accelerated flight filter must—
conditions. (a) Be accessible for draining and
lhorne on DSKJLZT7X2PROD with CFR

(b) Each fuel line connected to com- cleaning and must incorporate a screen
ponents of the airplane between which or element which is easily removable;

320

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00330 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1001

(b) Have a sediment trap and drain used in meeting the applicable takeoff,
except that it need not have a drain if approach, and landing climb perform-
the strainer or filter is easily remov- ance requirements of this part.
able for drain purposes; (b) If a fuel jettisoning system is re-
(c) Be mounted so that its weight is quired it must be capable of jettisoning
not supported by the connecting lines enough fuel within 15 minutes, starting
or by the inlet or outlet connections of with the weight given in paragraph (a)
the strainer or filter itself, unless ade- of this section, to enable the airplane
quate strength margins under all load- to meet the climb requirements of
ing conditions are provided in the lines §§ 25.119 and 25.121(d), assuming that the
and connections; and fuel is jettisoned under the conditions,
(d) Have the capacity (with respect to except weight, found least favorable
operating limitations established for during the flight tests prescribed in
the engine) to ensure that engine fuel paragraph (c) of this section.
system functioning is not impaired, (c) Fuel jettisoning must be dem-
with the fuel contaminated to a degree onstrated beginning at maximum take-
(with respect to particle size and den- off weight with flaps and landing gear
sity) that is greater than that estab- up and in—
lished for the engine in Part 33 of this (1) A power-off glide at 1.3 VSR1;
chapter. (2) A climb at the one-engine inoper-
[Amdt. 25–36, 39 FR 35460, Oct. 1, 1974, as ative best rate-of-climb speed, with the
amended by Amdt. 25–57, 49 FR 6848, Feb. 23, critical engine inoperative and the re-
1984] maining engines at maximum contin-
uous power; and
§ 25.999 Fuel system drains. (3) Level flight at 1.3 V SR1; if the re-
(a) Drainage of the fuel system must sults of the tests in the conditions
be accomplished by the use of fuel specified in paragraphs (c)(1) and (2) of
strainer and fuel tank sump drains. this section show that this condition
(b) Each drain required by paragraph could be critical.
(a) of this section must— (d) During the flight tests prescribed
(1) Discharge clear of all parts of the in paragraph (c) of this section, it must
airplane; be shown that—
(2) Have manual or automatic means (1) The fuel jettisoning system and
for positive locking in the closed posi- its operation are free from fire hazard;
tion; and (2) The fuel discharges clear of any
(3) Have a drain valve— part of the airplane;
(i) That is readily accessible and (3) Fuel or fumes do not enter any
which can be easily opened and closed; parts of the airplane; and
and (4) The jettisoning operation does not
(ii) That is either located or pro- adversely affect the controllability of
tected to prevent fuel spillage in the the airplane.
event of a landing with landing gear re- (e) For reciprocating engine powered
tracted. airplanes, means must be provided to
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as prevent jettisoning the fuel in the
amended by Amdt. 25–38, 41 FR 55467, Dec. 20, tanks used for takeoff and landing
1976] below the level allowing 45 minutes
flight at 75 percent maximum contin-
§ 25.1001 Fuel jettisoning system. uous power. However, if there is an
(a) A fuel jettisoning system must be auxiliary control independent of the
installed on each airplane unless it is main jettisoning control, the system
shown that the airplane meets the may be designed to jettison the re-
climb requirements of §§ 25.119 and maining fuel by means of the auxiliary
25.121(d) at maximum takeoff weight, jettisoning control.
less the actual or computed weight of (f) For turbine engine powered air-
fuel necessary for a 15-minute flight planes, means must be provided to pre-
comprised of a takeoff, go-around, and vent jettisoning the fuel in the tanks
landing at the airport of departure used for takeoff and landing below the
lhorne on DSKJLZT7X2PROD with CFR

with the airplane configuration, speed, level allowing climb from sea level to
power, and thrust the same as that 10,000 feet and thereafter allowing 45

321

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00331 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1011 14 CFR Ch. I (1–1–22 Edition)

minutes cruise at a speed for maximum (c) Fuel/oil ratios higher than those
range. However, if there is an auxiliary prescribed in paragraphs (b)(1) and (2)
control independent of the main jetti- of this section may be used if substan-
soning control, the system may be de- tiated by data on actual engine oil con-
signed to jettison the remaining fuel sumption.
by means of the auxiliary jettisoning
control. § 25.1013 Oil tanks.
(g) The fuel jettisoning valve must be (a) Installation. Each oil tank instal-
designed to allow flight personnel to lation must meet the requirements of
close the valve during any part of the § 25.967.
jettisoning operation. (b) Expansion space. Oil tank expan-
(h) Unless it is shown that using any sion space must be provided as follows:
means (including flaps, slots, and slats) (1) Each oil tank used with a recipro-
for changing the airflow across or cating engine must have an expansion
around the wings does not adversely af- space of not less than the greater of 10
fect fuel jettisoning, there must be a percent of the tank capacity or 0.5 gal-
placard, adjacent to the jettisoning lon, and each oil tank used with a tur-
control, to warn flight crewmembers bine engine must have an expansion
against jettisoning fuel while the space of not less than 10 percent of the
means that change the airflow are tank capacity.
being used. (2) Each reserve oil tank not directly
(i) The fuel jettisoning system must connected to any engine may have an
be designed so that any reasonably expansion space of not less than two
probable single malfunction in the sys- percent of the tank capacity.
tem will not result in a hazardous con- (3) It must be impossible to fill the
dition due to unsymmetrical jetti- expansion space inadvertently with the
soning of, or inability to jettison, fuel. airplane in the normal ground attitude.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
(c) Filler connection. Each recessed oil
amended by Amdt. 25–18, 33 FR 12226, Aug. 30, tank filler connection that can retain
1968; Amdt. 25–57, 49 FR 6848, Feb. 23, 1984; any appreciable quantity of oil must
Amdt. 25–108, 67 FR 70827, Nov. 26, 2002] have a drain that discharges clear of
each part of the airplane. In addition,
OIL SYSTEM each oil tank filler cap must provide an
oil-tight seal.
§ 25.1011 General. (d) Vent. Oil tanks must be vented as
(a) Each engine must have an inde- follows:
pendent oil system that can supply it (1) Each oil tank must be vented
with an appropriate quantity of oil at a from the top part of the expansion
temperature not above that safe for space so that venting is effective under
continuous operation. any normal flight condition.
(b) The usable oil capacity may not (2) Oil tank vents must be arranged
be less than the product of the endur- so that condensed water vapor that
ance of the airplane under critical op- might freeze and obstruct the line can-
erating conditions and the approved not accumulate at any point.
maximum allowable oil consumption of (e) Outlet. There must be means to
the engine under the same conditions, prevent entrance into the tank itself,
plus a suitable margin to ensure sys- or into the tank outlet, of any object
tem circulation. Instead of a rational that might obstruct the flow of oil
analysis of airplane range for the pur- through the system. No oil tank outlet
pose of computing oil requirements for may be enclosed by any screen or guard
reciprocating engine powered air- that would reduce the flow of oil below
planes, the following fuel/oil ratios a safe value at any operating tempera-
may be used: ture. There must be a shutoff valve at
(1) For airplanes without a reserve the outlet of each oil tank used with a
oil or oil transfer system, a fuel/oil turbine engine, unless the external por-
ratio of 30:1 by volume. tion of the oil system (including the oil
(2) For airplanes with either a re- tank supports) is fireproof.
lhorne on DSKJLZT7X2PROD with CFR

serve oil or oil transfer system, a fuel/ (f) Flexible oil tank liners. Each flexi-
oil ratio of 40:1 by volume. ble oil tank liner must be approved or

322

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00332 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1021

must be shown to be suitable for the (1) Each oil strainer or filter that has
particular application. a bypass must be constructed and in-
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as stalled so that oil will flow at the nor-
amended by Amdt. 25–19, 33 FR 15410, Oct. 17, mal rate through the rest of the sys-
1968; Amdt. 25–23, 35 FR 5677, Apr. 8, 1970; tem with the strainer or filter com-
Amdt. 25–36, 39 FR 35460, Oct. 1, 1974; Amdt. pletely blocked.
25–57, 49 FR 6848, Feb. 23, 1984; Amdt. 25–72, 55 (2) The oil strainer or filter must
FR 29785, July 20, 1990]
have the capacity (with respect to op-
§ 25.1015 Oil tank tests. erating limitations established for the
engine) to ensure that engine oil sys-
Each oil tank must be designed and tem functioning is not impaired when
installed so that— the oil is contaminated to a degree
(a) It can withstand, without failure, (with respect to particle size and den-
each vibration, inertia, and fluid load
sity) that is greater than that estab-
that it may be subjected to in oper-
lished for the engine under Part 33 of
ation; and
this chapter.
(b) It meets the provisions of § 25.965,
except— (3) The oil strainer or filter, unless it
(1) The test pressure— is installed at an oil tank outlet, must
(i) For pressurized tanks used with a incorporate an indicator that will indi-
turbine engine, may not be less than 5 cate contamination before it reaches
p.s.i. plus the maximum operating the capacity established in accordance
pressure of the tank instead of the with paragraph (a)(2) of this section.
pressure specified in § 25.965(a); and (4) The bypass of a strainer or filter
(ii) For all other tanks may not be must be constructed and installed so
less than 5 p.s.i. instead of the pressure that the release of collected contami-
specified in § 25.965(a); and nants is minimized by appropriate lo-
(2) The test fluid must be oil at 250 cation of the bypass to ensure that col-
°F. instead of the fluid specified in lected contaminants are not in the by-
§ 25.965(c). pass flow path.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as (5) An oil strainer or filter that has
amended by Amdt. 25–36, 39 FR 35461, Oct. 1, no bypass, except one that is installed
1974] at an oil tank outlet, must have a
means to connect it to the warning
§ 25.1017 Oil lines and fittings. system required in § 25.1305(c)(7).
(a) Each oil line must meet the re- (b) Each oil strainer or filter in a
quirements of § 25.993 and each oil line powerplant installation using recipro-
and fitting in any designated fire zone cating engines must be constructed and
must meet the requirements of installed so that oil will flow at the
§ 25.1183. normal rate through the rest of the
(b) Breather lines must be arranged system with the strainer or filter ele-
so that— ment completely blocked.
(1) Condensed water vapor that might
freeze and obstruct the line cannot ac- [Amdt. 25–36, 39 FR 35461, Oct. 1, 1974, as
cumulate at any point; amended by Amdt. 25–57, 49 FR 6848, Feb. 23,
1984]
(2) The breather discharge does not
constitute a fire hazard if foaming oc- § 25.1021 Oil system drains.
curs or causes emitted oil to strike the
pilot’s windshield; and A drain (or drains) must be provided
(3) The breather does not discharge to allow safe drainage of the oil sys-
into the engine air induction system. tem. Each drain must—
(a) Be accessible; and
§ 25.1019 Oil strainer or filter. (b) Have manual or automatic means
(a) Each turbine engine installation for positive locking in the closed posi-
must incorporate an oil strainer or fil- tion.
ter through which all of the engine oil
lhorne on DSKJLZT7X2PROD with CFR

[Amdt. 25–57, 49 FR 6848, Feb. 23, 1984]


flows and which meets the following re-
quirements:

323

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00333 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1023 14 CFR Ch. I (1–1–22 Edition)

§ 25.1023 Oil radiators. auxiliary power unit components and


fluids within the temperature limits
(a) Each oil radiator must be able to
established for these components and
withstand, without failure, any vibra-
fluids, under ground, water, and flight
tion, inertia, and oil pressure load to
operating conditions, and after normal
which it would be subjected in oper-
engine or auxiliary power unit shut-
ation.
down, or both.
(b) Each oil radiator air duct must be
located so that, in case of fire, flames [Amdt. 25–38, 41 FR 55467, Dec. 20, 1976]
coming from normal openings of the
engine nacelle cannot impinge directly § 25.1043 Cooling tests.
upon the radiator. (a) General. Compliance with § 25.1041
must be shown by tests, under critical
§ 25.1025 Oil valves. ground, water, and flight operating
(a) Each oil shutoff must meet the re- conditions. For these tests, the fol-
quirements of § 25.1189. lowing apply:
(b) The closing of oil shutoff means (1) If the tests are conducted under
may not prevent propeller feathering. conditions deviating from the max-
(c) Each oil valve must have positive imum ambient atmospheric tempera-
stops or suitable index provisions in ture, the recorded powerplant tempera-
the ‘‘on’’ and ‘‘off’’ positions and must tures must be corrected under para-
be supported so that no loads resulting graphs (c) and (d) of this section.
from its operation or from accelerated (2) No corrected temperatures deter-
flight conditions are transmitted to mined under paragraph (a)(1) of this
the lines attached to the valve. section may exceed established limits.
(3) For reciprocating engines, the fuel
§ 25.1027 Propeller feathering system. used during the cooling tests must be
the minimum grade approved for the
(a) If the propeller feathering system engines, and the mixture settings must
depends on engine oil, there must be be those normally used in the flight
means to trap an amount of oil in the stages for which the cooling tests are
tank if the supply becomes depleted conducted. The test procedures must be
due to failure of any part of the lubri- as prescribed in § 25.1045.
cating system other than the tank (b) Maximum ambient atmospheric tem-
itself. perature. A maximum ambient atmos-
(b) The amount of trapped oil must pheric temperature corresponding to
be enough to accomplish the feathering sea level conditions of at least 100 de-
operation and must be available only grees F must be established. The as-
to the feathering pump. sumed temperature lapse rate is 3.6 de-
(c) The ability of the system to ac- grees F per thousand feet of altitude
complish feathering with the trapped above sea level until a temperature of
oil must be shown. This may be done ¥69.7 degrees F is reached, above which
on the ground using an auxiliary altitude the temperature is considered
source of oil for lubricating the engine constant at ¥69.7 degrees F. However,
during operation. for winterization installations, the ap-
(d) Provision must be made to pre- plicant may select a maximum ambi-
vent sludge or other foreign matter ent atmospheric temperature cor-
from affecting the safe operation of the responding to sea level conditions of
propeller feathering system. less than 100 degrees F.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as (c) Correction factor (except cylinder
amended by Amdt. 25–38, 41 FR 55467, Dec. 20, barrels). Unless a more rational correc-
1976] tion applies, temperatures of engine
fluids and powerplant components (ex-
COOLING cept cylinder barrels) for which tem-
perature limits are established, must
§ 25.1041 General. be corrected by adding to them the dif-
The powerplant and auxiliary power ference between the maximum ambient
unit cooling provisions must be able to atmospheric temperature and the tem-
lhorne on DSKJLZT7X2PROD with CFR

maintain the temperatures of power- perature of the ambient air at the time
plant components, engine fluids, and of the first occurrence of the maximum

324

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00334 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1091

component or fluid temperature re- airplane reaches an altitude of 1,500


corded during the cooling test. feet above the takeoff surface or
(d) Correction factor for cylinder barrel reaches a point in the takeoff where
temperatures. Unless a more rational the transition from the takeoff to the
correction applies, cylinder barrel tem- en route configuration is completed
peratures must be corrected by adding and a speed is reached at which compli-
to them 0.7 times the difference be- ance with § 25.121(c) is shown, which-
tween the maximum ambient atmos- ever point is at a higher altitude. The
pheric temperature and the tempera- airplane must be in the following con-
ture of the ambient air at the time of figuration:
the first occurrence of the maximum (1) Landing gear retracted.
cylinder barrel temperature recorded (2) Wing flaps in the most favorable
during the cooling test. position.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as (3) Cowl flaps (or other means of con-
amended by Amdt. 25–42, 43 FR 2323, Jan. 16, trolling the engine cooling supply) in
1978] the position that provides adequate
cooling in the hot-day condition.
§ 25.1045 Cooling test procedures. (4) Critical engine inoperative and its
(a) Compliance with § 25.1041 must be propeller stopped.
shown for the takeoff, climb, en route, (5) Remaining engines at the max-
and landing stages of flight that cor- imum continuous power available for
respond to the applicable performance the altitude.
requirements. The cooling tests must (e) For hull seaplanes and amphib-
be conducted with the airplane in the ians, cooling must be shown during
configuration, and operating under the taxiing downwind for 10 minutes, at
conditions, that are critical relative to five knots above step speed.
cooling during each stage of flight. For
the cooling tests, a temperature is [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–57, 49 FR 6848, Feb. 23,
‘‘stabilized’’ when its rate of change is
1984]
less than two degrees F. per minute.
(b) Temperatures must be stabilized INDUCTION SYSTEM
under the conditions from which entry
is made into each stage of flight being § 25.1091 Air induction.
investigated, unless the entry condi-
(a) The air induction system for each
tion normally is not one during which
engine and auxiliary power unit must
component and the engine fluid tem-
supply—
peratures would stabilize (in which
case, operation through the full entry (1) The air required by that engine
condition must be conducted before and auxiliary power unit under each
entry into the stage of flight being in- operating condition for which certifi-
vestigated in order to allow tempera- cation is requested; and
tures to reach their natural levels at (2) The air for proper fuel metering
the time of entry). The takeoff cooling and mixture distribution with the in-
test must be preceded by a period dur- duction system valves in any position.
ing which the powerplant component (b) Each reciprocating engine must
and engine fluid temperatures are sta- have an alternate air source that pre-
bilized with the engines at ground idle. vents the entry of rain, ice, or any
(c) Cooling tests for each stage of other foreign matter.
flight must be continued until— (c) Air intakes may not open within
(1) The component and engine fluid the cowling, unless—
temperatures stabilize; (1) That part of the cowling is iso-
(2) The stage of flight is completed; lated from the engine accessory section
or by means of a fireproof diaphragm; or
(3) An operating limitation is (2) For reciprocating engines, there
reached. are means to prevent the emergence of
(d) For reciprocating engine powered backfire flames.
airplanes, it may be assumed, for cool- (d) For turbine engine powered air-
lhorne on DSKJLZT7X2PROD with CFR

ing test purposes, that the takeoff planes and airplanes incorporating aux-
stage of flight is complete when the iliary power units—

325

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00335 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1093 14 CFR Ch. I (1–1–22 Edition)

(1) There must be means to prevent descent idling speeds, in the icing con-
hazardous quantities of fuel leakage or ditions defined in Appendices C and O
overflow from drains, vents, or other of this part, and Appendix D of part 33
components of flammable fluid systems of this chapter, and in falling and blow-
from entering the engine or auxiliary ing snow within the limitations estab-
power unit intake system; and lished for the airplane for such oper-
(2) The airplane must be designed to ation, without the accumulation of ice
prevent water or slush on the runway, on the engine, inlet system compo-
taxiway, or other airport operating nents, or airframe components that
surfaces from being directed into the would do any of the following:
engine or auxiliary power unit air inlet (i) Adversely affect installed engine
ducts in hazardous quantities, and the operation or cause a sustained loss of
air inlet ducts must be located or pro- power or thrust; or an unacceptable in-
tected so as to minimize the ingestion crease in gas path operating tempera-
of foreign matter during takeoff, land- ture; or an airframe/engine incompati-
ing, and taxiing. bility; or
(e) If the engine induction system (ii) Result in unacceptable temporary
contains parts or components that power loss or engine damage; or
could be damaged by foreign objects
(iii) Cause a stall, surge, or flameout
entering the air inlet, it must be shown
by tests or, if appropriate, by analysis or loss of engine controllability (for ex-
that the induction system design can ample, rollback).
withstand the foreign object ingestion (2) Operate at ground idle speed for a
test conditions of §§ 33.76, 33.77 and minimum of 30 minutes on the ground
33.78(a)(1) of this chapter without fail- in the following icing conditions shown
ure of parts or components that could in Table 1 of this section, unless re-
create a hazard. placed by similar test conditions that
are more critical. These conditions
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as must be demonstrated with the avail-
amended by Amdt. 25–38, 41 FR 55467, Dec. 20,
able air bleed for icing protection at its
1976; Amdt. 25–40, 42 FR 15043, Mar. 17, 1977;
Amdt. 25–57, 49 FR 6849, Feb. 23, 1984; Amdt. critical condition, without adverse ef-
25–100, 65 FR 55854, Sept. 14, 2000] fect, followed by an acceleration to
takeoff power or thrust in accordance
§ 25.1093 Induction system icing pro- with the procedures defined in the air-
tection. plane flight manual. During the idle
(a) Reciprocating engines. Each recip- operation, the engine may be run up
rocating engine air induction system periodically to a moderate power or
must have means to prevent and elimi- thrust setting in a manner acceptable
nate icing. Unless this is done by other to the Administrator. Analysis may be
means, it must be shown that, in air used to show ambient temperatures
free of visible moisture at a tempera- below the tested temperature are less
ture of 30 F., each airplane with alti- critical. The applicant must document
tude engines using— the engine run-up procedure (including
(1) Conventional venturi carburetors the maximum time interval between
have a preheater that can provide a run-ups from idle, run-up power set-
heat rise of 120 F. with the engine at 60 ting, and duration at power), the asso-
percent of maximum continuous power; ciated minimum ambient temperature,
or and the maximum time interval. These
(2) Carburetors tending to reduce the conditions must be used in the analysis
probability of ice formation has a pre- that establishes the airplane operating
heater that can provide a heat rise of limitations in accordance with § 25.1521.
100 °F. with the engine at 60 percent of (3) For the purposes of this section,
maximum continuous power. the icing conditions defined in appen-
(b) Turbine engines. Except as pro- dix O of this part, including the condi-
vided in paragraph (b)(3) of this sec- tions specified in Condition 3 of Table 1
tion, each engine, with all icing protec- of this section, are not applicable to
tion systems operating, must: airplanes with a maximum takeoff
lhorne on DSKJLZT7X2PROD with CFR

(1) Operate throughout its flight weight equal to or greater than 60,000
power range, including the minimum pounds.

326

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00336 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1105

TABLE 1—ICING CONDITIONS FOR GROUND TESTS


Water concentration Mean effective par-
Condition Total air temperature Demonstration
(minimum) ticle diameter

1. Rime ice condition 0 to 15 °F (18 to ¥9 °C) Liquid—0.3 g/m3 ........ 15–25 microns ........... By test, analysis or com-
bination of the two.
2. Glaze ice condition 20 to 30 °F (¥7 to ¥1 Liquid—0.3 g/m3 ........ 15–25 microns ........... By test, analysis or com-
°C). bination of the two.
3. Large drop condi- 15 to 30 °F (¥9 to ¥1 Liquid—0.3 g/m3 ........ 100 microns (min- By test, analysis or com-
tion. °C). imum). bination of the two.

(c) Supercharged reciprocating engines. (2) Fire-resistant if it is in any fire


For each engine having a supercharger zone for which a fire-extinguishing sys-
to pressurize the air before it enters tem is required, except that ducts for
the carburetor, the heat rise in the air auxiliary power units must be fireproof
caused by that supercharging at any within the auxiliary power unit fire
altitude may be utilized in determining zone.
compliance with paragraph (a) of this (c) Each duct connected to compo-
section if the heat rise utilized is that nents between which relative motion
which will be available, automatically, could exist must have means for flexi-
for the applicable altitude and oper- bility.
ating condition because of super- (d) For turbine engine and auxiliary
charging. power unit bleed air duct systems, no
hazard may result if a duct failure oc-
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–38, 41 FR 55467, Dec. 20, curs at any point between the air duct
1976; Amdt. 25–40, 42 FR 15043, Mar. 17, 1977; source and the airplane unit served by
Amdt. 25–57, 49 FR 6849, Feb. 23, 1984; Amdt. the air.
25–72, 55 FR 29785, July 20, 1990; Amdt. 25–140, (e) Each auxiliary power unit induc-
79 FR 65526, Nov. 4, 2014] tion system duct must be fireproof for
a sufficient distance upstream of the
§ 25.1101 Carburetor air preheater de- auxiliary power unit compartment to
sign. prevent hot gas reverse flow from burn-
Each carburetor air preheater must ing through auxiliary power unit ducts
be designed and constructed to— and entering any other compartment
(a) Ensure ventilation of the pre- or area of the airplane in which a haz-
heater when the engine is operated in ard would be created resulting from the
cold air; entry of hot gases. The materials used
(b) Allow inspection of the exhaust to form the remainder of the induction
manifold parts that it surrounds; and system duct and plenum chamber of
(c) Allow inspection of critical parts the auxiliary power unit must be capa-
of the preheater itself. ble of resisting the maximum heat con-
ditions likely to occur.
§ 25.1103 Induction system ducts and (f) Each auxiliary power unit induc-
air duct systems. tion system duct must be constructed
of materials that will not absorb or
(a) Each induction system duct up-
trap hazardous quantities of flammable
stream of the first stage of the engine
fluids that could be ignited in the
supercharger and of the auxiliary
event of a surge or reverse flow condi-
power unit compressor must have a
tion.
drain to prevent the hazardous accu-
mulation of fuel and moisture in the [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
ground attitude. No drain may dis- amended by Amdt. 25–46, 43 FR 50597, Oct. 30,
charge where it might cause a fire haz- 1978]
ard.
(b) Each induction system duct must § 25.1105 Induction system screens.
be— If induction system screens are
(1) Strong enough to prevent induc- used—
lhorne on DSKJLZT7X2PROD with CFR

tion system failures resulting from (a) Each screen must be upstream of
normal backfire conditions; and the carburetor;

327

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00337 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1107 14 CFR Ch. I (1–1–22 Edition)

(b) No screen may be in any part of (g) Each exhaust shroud must be ven-
the induction system that is the only tilated or insulated to avoid, during
passage through which air can reach normal operation, a temperature high
the engine, unless it can be deiced by enough to ignite any flammable fluids
heated air; or vapors external to the shroud.
(c) No screen may be deiced by alco-
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
hol alone; and amended by Amdt. 25–40, 42 FR 15043, Mar. 17,
(d) It must be impossible for fuel to 1977]
strike any screen.
§ 25.1123 Exhaust piping.
§ 25.1107 Inter-coolers and after-cool-
ers. For powerplant and auxiliary power
unit installations, the following apply:
Each inter-cooler and after-cooler (a) Exhaust piping must be heat and
must be able to withstand any vibra- corrosion resistant, and must have pro-
tion, inertia, and air pressure load to visions to prevent failure due to expan-
which it would be subjected in oper- sion by operating temperatures.
ation. (b) Piping must be supported to with-
EXHAUST SYSTEM stand any vibration and inertia loads
to which it would be subjected in oper-
§ 25.1121 General. ation; and
(c) Piping connected to components
For powerplant and auxiliary power
between which relative motion could
unit installations the following apply:
exist must have means for flexibility.
(a) Each exhaust system must ensure
safe disposal of exhaust gases without [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
fire hazard or carbon monoxide con- amended by Amdt. 25–40, 42 FR 15044, Mar. 17,
tamination in any personnel compart- 1977]
ment. For test purposes, any accept-
§ 25.1125 Exhaust heat exchangers.
able carbon monoxide detection meth-
od may be used to show the absence of For reciprocating engine powered
carbon monoxide. airplanes, the following apply:
(b) Each exhaust system part with a (a) Each exhaust heat exchanger
surface hot enough to ignite flammable must be constructed and installed to
fluids or vapors must be located or withstand each vibration, inertia, and
shielded so that leakage from any sys- other load to which it would be sub-
tem carrying flammable fluids or va- jected in operation. In addition—
pors will not result in a fire caused by (1) Each exchanger must be suitable
impingement of the fluids or vapors on for continued operation at high tem-
any part of the exhaust system includ- peratures and resistant to corrosion
ing shields for the exhaust system. from exhaust gases;
(c) Each component that hot exhaust (2) There must be means for the in-
gases could strike, or that could be spection of the critical parts of each
subjected to high temperatures from exchanger;
exhaust system parts, must be fire- (3) Each exchanger must have cooling
proof. All exhaust system components provisions wherever it is subject to
must be separated by fireproof shields contact with exhaust gases; and
from adjacent parts of the airplane (4) No exhaust heat exchanger or
that are outside the engine and auxil- muff may have any stagnant areas or
iary power unit compartments. liquid traps that would increase the
(d) No exhaust gases may discharge probability of ignition of flammable
so as to cause a fire hazard with re- fluids or vapors that might be present
spect to any flammable fluid vent or in case of the failure or malfunction of
drain. components carrying flammable fluids.
(e) No exhaust gases may discharge (b) If an exhaust heat exchanger is
where they will cause a glare seriously used for heating ventilating air—
affecting pilot vision at night. (1) There must be a secondary heat
(f) Each exhaust system component exchanger between the primary ex-
lhorne on DSKJLZT7X2PROD with CFR

must be ventilated to prevent points of haust gas heat exchanger and the ven-
excessively high temperature. tilating air system; or

328

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00338 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1143

(2) Other means must be used to pre- (e) The portion of each powerplant
clude the harmful contamination of the control located in a designated fire
ventilating air. zone that is required to be operated in
the event of fire must be at least fire
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–38, 41 FR 55467, Dec. 20,
resistant.
1976] (f) For powerplant valve controls lo-
cated in the flight deck there must be
§ 25.1127 Exhaust driven turbo-super- a means:
chargers. (1) For the flightcrew to select each
(a) Each exhaust driven turbo-super- intended position or function of the
charger must be approved or shown to valve; and
be suitable for the particular applica- (2) To indicate to the flightcrew:
tion. It must be installed and sup- (i) The selected position or function
ported to ensure safe operation be- of the valve; and
tween normal inspections and over- (ii) When the valve has not responded
hauls. In addition, there must be provi- as intended to the selected position or
sions for expansion and flexibility be- function.
tween exhaust conduits and the tur-
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
bine. amended by Amdt. 25–40, 42 FR 15044, Mar. 17,
(b) There must be provisions for lu- 1977; Amdt. 25–72, 55 FR 29785, July 20, 1990;
bricating the turbine and for cooling Amdt. 25–115, 69 FR 40527, July 2, 2004]
turbine parts where temperatures are
critical. § 25.1142 Auxiliary power unit con-
(c) If the normal turbo-supercharger trols.
control system malfunctions, the tur- Means must be provided on the flight
bine speed may not exceed its max- deck for starting, stopping, and emer-
imum allowable value. Except for the gency shutdown of each installed auxil-
waste gate operating components, the iary power unit.
components provided for meeting this
requirement must be independent of [Amdt. 25–46, 43 FR 50598, Oct. 30, 1978]
the normal turbo-supercharger con-
§ 25.1143 Engine controls.
trols.
(a) There must be a separate power or
POWERPLANT CONTROLS AND thrust control for each engine.
ACCESSORIES (b) Power and thrust controls must
be arranged to allow—
§ 25.1141 Powerplant controls: general. (1) Separate control of each engine;
Each powerplant control must be lo- and
cated, arranged, and designed under (2) Simultaneous control of all en-
§§ 25.777 through 25.781 and marked gines.
under § 25.1555. In addition, it must (c) Each power and thrust control
meet the following requirements: must provide a positive and imme-
(a) Each control must be located so diately responsive means of controlling
that it cannot be inadvertently oper- its engine.
ated by persons entering, leaving, or (d) For each fluid injection (other
moving normally in, the cockpit. than fuel) system and its controls not
(b) Each flexible control must be ap- provided and approved as part of the
proved or must be shown to be suitable engine, the applicant must show that
for the particular application. the flow of the injection fluid is ade-
(c) Each control must have sufficient quately controlled.
strength and rigidity to withstand op- (e) If a power or thrust control incor-
erating loads without failure and with- porates a fuel shutoff feature, the con-
out excessive deflection. trol must have a means to prevent the
(d) Each control must be able to inadvertent movement of the control
maintain any set position without con- into the shutoff position. The means
stant attention by flight crewmembers must—
lhorne on DSKJLZT7X2PROD with CFR

and without creep due to control loads (1) Have a positive lock or stop at the
or vibration. idle position; and

329

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00339 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1145 14 CFR Ch. I (1–1–22 Edition)

(2) Require a separate and distinct (d) The propeller speed and pitch con-
operation to place the control in the trols must be to the right of, and at
shutoff position. least one inch below, the pilot’s throt-
[Amdt. 25–23, 35 FR 5677, Apr. 8, 1970, as tle controls.
amended by Amdt. 25–38, 41 FR 55467, Dec. 20,
1976; Amdt. 25–57, 49 FR 6849, Feb. 23, 1984] § 25.1153 Propeller feathering controls.
(a) There must be a separate pro-
§ 25.1145 Ignition switches. peller feathering control for each pro-
(a) Ignition switches must control peller. The control must have means to
each engine ignition circuit on each prevent its inadvertent operation.
engine. (b) If feathering is accomplished by
(b) There must be means to quickly movement of the propeller pitch or
shut off all ignition by the grouping of speed control lever, there must be
switches or by a master ignition con- means to prevent the inadvertent
trol. movement of this lever to the feath-
(c) Each group of ignition switches, ering position during normal oper-
except ignition switches for turbine en- ation.
gines for which continuous ignition is
not required, and each master ignition [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
control must have a means to prevent amended by Amdt. 25–11, 32 FR 6913, May 5,
its inadvertent operation. 1967]

[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as § 25.1155 Reverse thrust and propeller
amended by Amdt. 25–40, 42 FR 15044 Mar. 17, pitch settings below the flight re-
1977] gime.
§ 25.1147 Mixture controls. Each control for reverse thrust and
for propeller pitch settings below the
(a) If there are mixture controls,
flight regime must have means to pre-
each engine must have a separate con-
vent its inadvertent operation. The
trol. The controls must be grouped and
arranged to allow— means must have a positive lock or
(1) Separate control of each engine; stop at the flight idle position and
and must require a separate and distinct
(2) Simultaneous control of all en- operation by the crew to displace the
gines. control from the flight regime (forward
(b) Each intermediate position of the thrust regime for turbojet powered air-
mixture controls that corresponds to a planes).
normal operating setting must be iden- [Amdt. 25–11, 32 FR 6913, May 5, 1967]
tifiable by feel and sight.
(c) The mixture controls must be ac- § 25.1157 Carburetor air temperature
cessible to both pilots. However, if controls.
there is a separate flight engineer sta- There must be a separate carburetor
tion with a control panel, the controls air temperature control for each en-
need be accessible only to the flight en- gine.
gineer.
§ 25.1159 Supercharger controls.
§ 25.1149 Propeller speed and pitch
controls. Each supercharger control must be
(a) There must be a separate pro- accessible to the pilots or, if there is a
peller speed and pitch control for each separate flight engineer station with a
propeller. control panel, to the flight engineer.
(b) The controls must be grouped and
arranged to allow— § 25.1161 Fuel jettisoning system con-
trols.
(1) Separate control of each pro-
peller; and Each fuel jettisoning system control
(2) Simultaneous control of all pro- must have guards to prevent inad-
pellers. vertent operation. No control may be
lhorne on DSKJLZT7X2PROD with CFR

(c) The controls must allow synchro- near any fire extinguisher control or
nization of all propellers. other control used to combat fire.

330

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00340 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1181

§ 25.1163 Powerplant accessories. (e) No ground wire for any engine


(a) Each engine mounted accessory may be routed through a fire zone of
must— another engine unless each part of that
(1) Be approved for mounting on the wire within that zone is fireproof.
engine involved; (f) Each ignition system must be
(2) Use the provisions on the engine independent of any electrical circuit,
for mounting; and not used for assisting, controlling, or
(3) Be sealed to prevent contamina- analyzing the operation of that system.
tion of the engine oil system and the (g) There must be means to warn ap-
accessory system. propriate flight crewmembers if the
(b) Electrical equipment subject to malfunctioning of any part of the elec-
arcing or sparking must be installed to trical system is causing the continuous
minimize the probability of contact discharge of any battery necessary for
with any flammable fluids or vapors engine ignition.
that might be present in a free state. (h) Each engine ignition system of a
(c) If continued rotation of an engine- turbine powered airplane must be con-
driven cabin supercharger or of any re- sidered an essential electrical load.
mote accessory driven by the engine is [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
hazardous if malfunctioning occurs, amended by Amdt. 25–23, 35 FR 5677, Apr. 8,
there must be means to prevent rota- 1970; Amdt. 25–72, 55 FR 29785, July 20, 1990]
tion without interfering with the con-
tinued operation of the engine. § 25.1167 Accessory gearboxes.
For airplanes equipped with an acces-
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–57, 49 FR 6849, Feb. 23, sory gearbox that is not certificated as
1984] part of an engine—
(a) The engine with gearbox and con-
§ 25.1165 Engine ignition systems. necting transmissions and shafts at-
(a) Each battery ignition system tached must be subjected to the tests
must be supplemented by a generator specified in § 33.49 or § 33.87 of this chap-
that is automatically available as an ter, as applicable;
alternate source of electrical energy to (b) The accessory gearbox must meet
allow continued engine operation if the requirements of §§ 33.25 and 33.53 or
any battery becomes depleted. 33.91 of this chapter, as applicable; and
(b) The capacity of batteries and gen- (c) Possible misalignments and tor-
erators must be large enough to meet sional loadings of the gearbox, trans-
the simultaneous demands of the en- mission, and shaft system, expected to
gine ignition system and the greatest result under normal operating condi-
demands of any electrical system com- tions must be evaluated.
ponents that draw electrical energy [Amdt. 25–38, 41 FR 55467, Dec. 20, 1976]
from the same source.
(c) The design of the engine ignition POWERPLANT FIRE PROTECTION
system must account for—
(1) The condition of an inoperative § 25.1181 Designated fire zones; re-
generator; gions included.
(2) The condition of a completely de- (a) Designated fire zones are—
pleted battery with the generator run- (1) The engine power section;
ning at its normal operating speed; and (2) The engine accessory section;
(3) The condition of a completely de- (3) Except for reciprocating engines,
pleted battery with the generator oper- any complete powerplant compartment
ating at idling speed, if there is only in which no isolation is provided be-
one battery. tween the engine power section and the
(d) Magneto ground wiring (for sepa- engine accessory section;
rate ignition circuits) that lies on the (4) Any auxiliary power unit com-
engine side of the fire wall, must be in- partment;
stalled, located, or protected, to mini- (5) Any fuel-burning heater and other
mize the probability of simultaneous combustion equipment installation de-
failure of two or more wires as a result scribed in § 25.859;
lhorne on DSKJLZT7X2PROD with CFR

of mechanical damage, electrical (6) The compressor and accessory sec-


faults, or other cause. tions of turbine engines; and

331

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00341 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1182 14 CFR Ch. I (1–1–22 Edition)

(7) Combustor, turbine, and tailpipe (b) Paragraph (a) of this section does
sections of turbine engine installations not apply to—
that contain lines or components car- (1) Lines, fittings, and components
rying flammable fluids or gases. which are already approved as part of a
(b) Each designated fire zone must type certificated engine; and
meet the requirements of §§ 25.863, (2) Vent and drain lines, and their fit-
25.865, 25.867, 25.869, and 25.1185 through tings, whose failure will not result in,
25.1203. or add to, a fire hazard.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as (c) All components, including ducts,
amended by Amdt. 25–11, 32 FR 6913, May 5, within a designated fire zone must be
1967; Amdt. 25–23, 35 FR 5677, Apr. 8, 1970; fireproof if, when exposed to or dam-
Amdt. 25–72, 55 FR 29785, July 20, 1990; Amdt. aged by fire, they could—
25–115, 69 FR 40527, July 2, 2004]
(1) Result in fire spreading to other
§ 25.1182 Nacelle areas behind fire- regions of the airplane; or
walls, and engine pod attaching (2) Cause unintentional operation of,
structures containing flammable or inability to operate, essential serv-
fluid lines. ices or equipment.
(a) Each nacelle area immediately
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
behind the firewall, and each portion of amended by Amdt. 25–11, 32 FR 6913, May 5,
any engine pod attaching structure 1967; Amdt. 25–36, 39 FR 35461, Oct. 1, 1974;
containing flammable fluid lines, must Amdt. 25–57, 49 FR 6849, Feb. 23, 1984; Amdt.
meet each requirement of §§ 25.1103(b), 25–101, 65 FR 79710, Dec. 19, 2000]
25.1165 (d) and (e), 25.1183, 25.1185(c),
25.1187, 25.1189, and 25.1195 through § 25.1185 Flammable fluids.
25.1203, including those concerning des- (a) Except for the integral oil sumps
ignated fire zones. However, engine pod specified in § 25.1183(a), no tank or res-
attaching structures need not contain ervoir that is a part of a system con-
fire detection or extinguishing means. taining flammable fluids or gases may
(b) For each area covered by para-
be in a designated fire zone unless the
graph (a) of this section that contains
fluid contained, the design of the sys-
a retractable landing gear, compliance
tem, the materials used in the tank,
with that paragraph need only be
the shut-off means, and all connec-
shown with the landing gear retracted.
tions, lines, and control provide a de-
[Amdt. 25–11, 32 FR 6913, May 5, 1967] gree of safety equal to that which
would exist if the tank or reservoir
§ 25.1183 Flammable fluid-carrying were outside such a zone.
components.
(b) There must be at least one-half
(a) Except as provided in paragraph inch of clear airspace between each
(b) of this section, each line, fitting, tank or reservoir and each firewall or
and other component carrying flam- shroud isolating a designated fire zone.
mable fluid in any area subject to en- (c) Absorbent materials close to
gine fire conditions, and each compo- flammable fluid system components
nent which conveys or contains flam- that might leak must be covered or
mable fluid in a designated fire zone treated to prevent the absorption of
must be fire resistant, except that hazardous quantities of fluids.
flammable fluid tanks and supports in
a designated fire zone must be fireproof [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
or be enclosed by a fireproof shield un- amended by Amdt. 25–19, 33 FR 15410, Oct. 17,
less damage by fire to any non-fire- 1968; Amdt. 25–94, 63 FR 8848, Feb. 23, 1998]
proof part will not cause leakage or
spillage of flammable fluid. Compo- § 25.1187 Drainage and ventilation of
fire zones.
nents must be shielded or located to
safeguard against the ignition of leak- (a) There must be complete drainage
ing flammable fluid. An integral oil of each part of each designated fire
sump of less than 25-quart capacity on zone to minimize the hazards resulting
a reciprocating engine need not be fire- from failure or malfunctioning of any
lhorne on DSKJLZT7X2PROD with CFR

proof nor be enclosed by a fireproof component containing flammable


shield. fluids. The drainage means must be—

332

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00342 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1193

(1) Effective under conditions ex- (e) No hazardous quantity of flam-


pected to prevail when drainage is mable fluid may drain into any des-
needed; and ignated fire zone after shutoff.
(2) Arranged so that no discharged (f) There must be means to guard
fluid will cause an additional fire haz- against inadvertent operation of the
ard. shutoff means and to make it possible
(b) Each designated fire zone must be for the crew to reopen the shutoff
ventilated to prevent the accumulation means in flight after it has been closed.
of flammable vapors. (g) Each tank-to-engine shutoff valve
(c) No ventilation opening may be must be located so that the operation
where it would allow the entry of flam- of the valve will not be affected by
mable fluids, vapors, or flame from powerplant or engine mount structural
other zones. failure.
(d) Each ventilation means must be (h) Each shutoff valve must have a
arranged so that no discharged vapors means to relieve excessive pressure ac-
will cause an additional fire hazard. cumulation unless a means for pressure
(e) Unless the extinguishing agent ca- relief is otherwise provided in the sys-
pacity and rate of discharge are based tem.
on maximum air flow through a zone, [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
there must be means to allow the crew amended by Amdt. 25–23, 35 FR 5677, Apr. 8,
to shut off sources of forced ventilation 1970; Amdt. 25–57, 49 FR 6849, Feb. 23, 1984]
to any fire zone except the engine
power section of the nacelle and the § 25.1191 Firewalls.
combustion heater ventilating air (a) Each engine, auxiliary power
ducts. unit, fuel-burning heater, other com-
bustion equipment intended for oper-
§ 25.1189 Shutoff means.
ation in flight, and the combustion,
(a) Each engine installation and each turbine, and tailpipe sections of tur-
fire zone specified in § 25.1181(a)(4) and bine engines, must be isolated from the
(5) must have a means to shut off or rest of the airplane by firewalls,
otherwise prevent hazardous quantities shrouds, or equivalent means.
of fuel, oil, deicer, and other flammable (b) Each firewall and shroud must
fluids, from flowing into, within, or be—
through any designated fire zone, ex- (1) Fireproof;
cept that shutoff means are not re- (2) Constructed so that no hazardous
quired for— quantity of air, fluid, or flame can pass
(1) Lines, fittings, and components from the compartment to other parts
forming an integral part of an engine; of the airplane;
and (3) Constructed so that each opening
(2) Oil systems for turbine engine in- is sealed with close fitting fireproof
stallations in which all components of grommets, bushings, or firewall fit-
the system in a designated fire zone, tings; and
including oil tanks, are fireproof or lo- (4) Protected against corrosion.
cated in areas not subject to engine
fire conditions. § 25.1192 Engine accessory section dia-
(b) The closing of any fuel shutoff phragm.
valve for any engine may not make For reciprocating engines, the engine
fuel unavailable to the remaining en- power section and all portions of the
gines. exhaust system must be isolated from
(c) Operation of any shutoff may not the engine accessory compartment by a
interfere with the later emergency op- diaphragm that complies with the fire-
eration of other equipment, such as the wall requirements of § 25.1191.
means for feathering the propeller.
(d) Each flammable fluid shutoff [Amdt. 25–23, 35 FR 5678, Apr. 8, 1970]
means and control must be fireproof or
must be located and protected so that § 25.1193 Cowling and nacelle skin.
lhorne on DSKJLZT7X2PROD with CFR

any fire in a fire zone will not affect its (a) Each cowling must be constructed
operation. and supported so that it can resist any

333

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00343 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1195 14 CFR Ch. I (1–1–22 Edition)

vibration, inertia, and air load to heaters, and other combustion equip-
which it may be subjected in operation. ment. For each other designated fire
(b) Cowling must meet the drainage zone, two discharges must be provided
and ventilation requirements of each of which produces adequate agent
§ 25.1187. concentration.
(c) On airplanes with a diaphragm (c) The fire extinguishing system for
isolating the engine power section from a nacelle must be able to simulta-
the engine accessory section, each part neously protect each zone of the na-
of the accessory section cowling sub- celle for which protection is provided.
ject to flame in case of fire in the en- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
gine power section of the powerplant amended by Amdt. 25–46, 43 FR 50598, Oct. 30,
must— 1978]
(1) Be fireproof; and
(2) Meet the requirements of § 25.1191. § 25.1197 Fire extinguishing agents.
(d) Each part of the cowling subject (a) Fire extinguishing agents must—
to high temperatures due to its near- (1) Be capable of extinguishing
ness to exhaust system parts or ex- flames emanating from any burning of
haust gas impingement must be fire- fluids or other combustible materials
proof. in the area protected by the fire extin-
(e) Each airplane must— guishing system; and
(1) Be designed and constructed so (2) Have thermal stability over the
that no fire originating in any fire zone temperature range likely to be experi-
can enter, either through openings or enced in the compartment in which
by burning through external skin, any they are stored.
other zone or region where it would (b) If any toxic extinguishing agent is
create additional hazards; used, provisions must be made to pre-
(2) Meet paragraph (e)(1) of this sec- vent harmful concentrations of fluid or
tion with the landing gear retracted (if fluid vapors (from leakage during nor-
applicable); and mal operation of the airplane or as a
(3) Have fireproof skin in areas sub- result of discharging the fire extin-
ject to flame if a fire starts in the en- guisher on the ground or in flight) from
gine power or accessory sections. entering any personnel compartment,
even though a defect may exist in the
§ 25.1195 Fire extinguishing systems. extinguishing system. This must be
(a) Except for combustor, turbine, shown by test except for built-in car-
and tail pipe sections of turbine engine bon dioxide fuselage compartment fire
installations that contain lines or com- extinguishing systems for which—
ponents carrying flammable fluids or (1) Five pounds or less of carbon diox-
gases for which it is shown that a fire ide will be discharged, under estab-
originating in these sections can be lished fire control procedures, into any
controlled, there must be a fire extin- fuselage compartment; or
guisher system serving each designated (2) There is protective breathing
fire zone. equipment for each flight crewmember
(b) The fire extinguishing system, the on flight deck duty.
quantity of the extinguishing agent, [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
the rate of discharge, and the discharge amended by Amdt. 25–38, 41 FR 55467, Dec. 20,
distribution must be adequate to extin- 1976; Amdt. 25–40, 42 FR 15044, Mar. 17, 1977]
guish fires. It must be shown by either
actual or simulated flights tests that § 25.1199 Extinguishing agent con-
under critical airflow conditions in tainers.
flight the discharge of the extin- (a) Each extinguishing agent con-
guishing agent in each designated fire tainer must have a pressure relief to
zone specified in paragraph (a) of this prevent bursting of the container by
section will provide an agent con- excessive internal pressures.
centration capable of extinguishing (b) The discharge end of each dis-
fires in that zone and of minimizing charge line from a pressure relief con-
the probability of reignition. An indi- nection must be located so that dis-
lhorne on DSKJLZT7X2PROD with CFR

vidual ‘‘one-shot’’ system may be used charge of the fire extinguishing agent
for auxiliary power units, fuel burning would not damage the airplane. The

334

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00344 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1207

line must also be located or protected sensor or associated wiring within a


to prevent clogging caused by ice or designated fire zone, unless the system
other foreign matter. continues to function as a satisfactory
(c) There must be a means for each detection system after the short cir-
fire extinguishing agent container to cuit.
indicate that the container has dis- (c) No fire or overheat detector may
charged or that the charging pressure be affected by any oil, water, other
is below the established minimum nec- fluids or fumes that might be present.
essary for proper functioning. (d) There must be means to allow the
(d) The temperature of each con-
crew to check, in flight, the func-
tainer must be maintained, under in-
tioning of each fire or overheat detec-
tended operating conditions, to prevent
tor electric circuit.
the pressure in the container from—
(1) Falling below that necessary to (e) Components of each fire or over-
provide an adequate rate of discharge; heat detector system in a fire zone
or must be fire-resistant.
(2) Rising high enough to cause pre- (f) No fire or overheat detector sys-
mature discharge. tem component for any fire zone may
(e) If a pyrotechnic capsule is used to pass through another fire zone, un-
discharge the extinguishing agent, less—
each container must be installed so (1) It is protected against the possi-
that temperature conditions will not bility of false warnings resulting from
cause hazardous deterioration of the fires in zones through which it passes;
pyrotechnic capsule. or
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as (2) Each zone involved is simulta-
amended by Amdt. 25–23, 35 FR 5678, Apr. 8, neously protected by the same detector
1970; Amdt. 25–40, 42 FR 15044, Mar. 17, 1977] and extinguishing system.
(g) Each fire detector system must be
§ 25.1201 Fire extinguishing system constructed so that when it is in the
materials. configuration for installation it will
(a) No material in any fire extin- not exceed the alarm activation time
guishing system may react chemically approved for the detectors using the re-
with any extinguishing agent so as to sponse time criteria specified in the ap-
create a hazard. propriate Technical Standard Order for
(b) Each system component in an en- the detector.
gine compartment must be fireproof. (h) EWIS for each fire or overheat de-
§ 25.1203 Fire detector system. tector system in a fire zone must meet
the requirements of § 25.1731.
(a) There must be approved, quick
acting fire or overheat detectors in [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
each designated fire zone, and in the amended by Amdt. 25–23, 35 FR 5678, Apr. 8,
combustion, turbine, and tailpipe sec- 1970; Amdt. 25–26, 36 FR 5493, Mar. 24, 1971;
Amdt. 25–123, 72 FR 63405, Nov. 8, 2007]
tions of turbine engine installations, in
numbers and locations ensuring § 25.1207 Compliance.
prompt detection of fire in those zones.
(b) Each fire detector system must be Unless otherwise specified, compli-
constructed and installed so that— ance with the requirements of §§ 25.1181
(1) It will withstand the vibration, in- through 25.1203 must be shown by a full
ertia, and other loads to which it may scale fire test or by one or more of the
be subjected in operation; following methods:
(2) There is a means to warn the crew (a) Tests of similar powerplant con-
in the event that the sensor or associ- figurations;
ated wiring within a designated fire (b) Tests of components;
zone is severed at one point, unless the (c) Service experience of aircraft
system continues to function as a sat- with similar powerplant configura-
isfactory detection system after the tions;
severing; and
lhorne on DSKJLZT7X2PROD with CFR

(d) Analysis.
(3) There is a means to warn the crew
in the event of a short circuit in the [Amdt. 25–46, 43 FR 50598, Oct. 30, 1978]

335

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00345 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1301 14 CFR Ch. I (1–1–22 Edition)

Subpart F—Equipment ation, of the effects on the airplane or


systems resulting from flightcrew ac-
GENERAL tions.
(c) Operationally-relevant behavior
§ 25.1301 Function and installation. of the installed equipment must be:
(a) Each item of installed equipment (1) Predictable and unambiguous; and
must— (2) Designed to enable the flightcrew
(1) Be of a kind and design appro- to intervene in a manner appropriate
priate to its intended function; to the task.
(2) Be labeled as to its identification, (d) To the extent practicable, in-
function, or operating limitations, or stalled equipment must incorporate
any applicable combination of these means to enable the flightcrew to man-
factors; age errors resulting from the kinds of
(3) Be installed according to limita- flightcrew interactions with the equip-
tions specified for that equipment; and ment that can be reasonably expected
(4) Function properly when installed. in service. This paragraph does not
(b) EWIS must meet the require- apply to any of the following:
ments of subpart H of this part. (1) Skill-related errors associated
[Doc. No. 5066, 29 FR 18333, Dec. 24, 1964, as with manual control of the airplane;
amended by Amdt. 25–123, 72 FR 63405, Nov. 8, (2) Errors that result from decisions,
2007] actions, or omissions committed with
malicious intent;
§ 25.1302 Installed systems and equip- (3) Errors arising from a crew-
ment for use by the flightcrew.
member’s reckless decisions, actions,
This section applies to installed sys- or omissions reflecting a substantial
tems and equipment intended for disregard for safety; and
flightcrew members’ use in operating (4) Errors resulting from acts or
the airplane from their normally seat- threats of violence, including actions
ed positions on the flight deck. The ap- taken under duress.
plicant must show that these systems
and installed equipment, individually [Doc. No. FAA–2010–1175, 78 FR 25846, May 3,
and in combination with other such 2013]
systems and equipment, are designed § 25.1303 Flight and navigation instru-
so that qualified flightcrew members ments.
trained in their use can safely perform
all of the tasks associated with the sys- (a) The following flight and naviga-
tems’ and equipment’s intended func- tion instruments must be installed so
tions. Such installed equipment and that the instrument is visible from
systems must meet the following re- each pilot station:
quirements: (1) A free air temperature indicator
(a) Flight deck controls must be in- or an air-temperature indicator which
stalled to allow accomplishment of all provides indications that are convert-
the tasks required to safely perform ible to free-air temperature.
the equipment’s intended function, and (2) A clock displaying hours, min-
information must be provided to the utes, and seconds with a sweep-second
flightcrew that is necessary to accom- pointer or digital presentation.
plish the defined tasks. (3) A direction indicator (non-
(b) Flight deck controls and informa- stabilized magnetic compass).
tion intended for the flightcrew’s use (b) The following flight and naviga-
must: tion instruments must be installed at
(1) Be provided in a clear and unam- each pilot station:
biguous manner at a resolution and (1) An airspeed indicator. If airspeed
precision appropriate to the task; limitations vary with altitude, the in-
(2) Be accessible and usable by the dicator must have a maximum allow-
flightcrew in a manner consistent with able airspeed indicator showing the
the urgency, frequency, and duration of variation of VMO with altitude.
their tasks; and (2) An altimeter (sensitive).
lhorne on DSKJLZT7X2PROD with CFR

(3) Enable flightcrew awareness, if (3) A rate-of-climb indicator (vertical


awareness is required for safe oper- speed).

336

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00346 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1305

(4) A gyroscopic rate-of-turn indi- (5) An oil pressure warning means for
cator combined with an integral slip- each engine, or a master warning
skid indicator (turn-and-bank indi- means for all engines with provision
cator) except that only a slip-skid indi- for isolating the individual warning
cator is required on large airplanes means from the master warning means.
with a third attitude instrument sys- (6) An oil temperature indicator for
tem useable through flight attitudes of each engine.
360° of pitch and roll and installed in (7) Fire-warning devices that provide
accordance with § 121.305(k) of this visual and audible warning.
title. (8) An augmentation liquid quantity
(5) A bank and pitch indicator (gyro- indicator (appropriate for the manner
scopically stabilized). in which the liquid is to be used in op-
(6) A direction indicator (gyroscop- eration) for each tank.
ically stabilized, magnetic or non- (b) For reciprocating engine-powered
magnetic). airplanes. In addition to the powerplant
(c) The following flight and naviga- instruments required by paragraph (a)
tion instruments are required as pre- of this section, the following power-
scribed in this paragraph: plant instruments are required:
(1) A speed warning device is required (1) A carburetor air temperature indi-
for turbine engine powered airplanes cator for each engine.
and for airplanes with VMO/MMO greater (2) A cylinder head temperature indi-
than 0.8 VDF/MDF or 0.8 V D/MD. The cator for each air-cooled engine.
speed warning device must give effec- (3) A manifold pressure indicator for
tive aural warning (differing distinc- each engine.
tively from aural warnings used for (4) A fuel pressure indicator (to indi-
other purposes) to the pilots, whenever cate the pressure at which the fuel is
the speed exceeds VMO plus 6 knots or supplied) for each engine.
MMO + 0.01. The upper limit of the pro- (5) A fuel flowmeter, or fuel mixture
duction tolerance for the warning de- indicator, for each engine without an
vice may not exceed the prescribed automatic altitude mixture control.
warning speed. (6) A tachometer for each engine.
(2) A machmeter is required at each (7) A device that indicates, to the
pilot station for airplanes with com- flight crew (during flight), any change
pressibility limitations not otherwise in the power output, for each engine
indicated to the pilot by the airspeed with—
indicating system required under para- (i) An automatic propeller feathering
graph (b)(1) of this section. system, whose operation is initiated by
a power output measuring system; or
[Amdt. 25–23, 35 FR 5678, Apr. 8, 1970, as (ii) A total engine piston displace-
amended by Amdt. 25–24, 35 FR 7108, May 6, ment of 2,000 cubic inches or more.
1970; Amdt. 25–38, 41 FR 55467, Dec. 20, 1976; (8) A means to indicate to the pilot
Amdt. 25–90, 62 FR 13253, Mar. 19, 1997]
when the propeller is in reverse pitch,
§ 25.1305 Powerplant instruments. for each reversing propeller.
(c) For turbine engine-powered air-
The following are required power- planes. In addition to the powerplant
plant instruments: instruments required by paragraph (a)
(a) For all airplanes. (1) A fuel pres- of this section, the following power-
sure warning means for each engine, or plant instruments are required:
a master warning means for all engines (1) A gas temperature indicator for
with provision for isolating the indi- each engine.
vidual warning means from the master (2) A fuel flowmeter indicator for
warning means. each engine.
(2) A fuel quantity indicator for each (3) A tachometer (to indicate the
fuel tank. speed of the rotors with established
(3) An oil quantity indicator for each limiting speeds) for each engine.
oil tank. (4) A means to indicate, to the flight
(4) An oil pressure indicator for each crew, the operation of each engine
lhorne on DSKJLZT7X2PROD with CFR

independent pressure oil system of starter that can be operated continu-


each engine. ously but that is neither designed for

337

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00347 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1307 14 CFR Ch. I (1–1–22 Edition)

continuous operation nor designed to means must be provided to indicate the


prevent hazard if it failed. proper functioning of that system to
(5) An indicator to indicate the func- the flight crew.
tioning of the powerplant ice protec- [Amdt. 25–23, 35 FR 5678, Apr. 8, 1970, as
tion system for each engine. amended by Amdt. 25–35, 39 FR 1831, Jan. 15,
(6) An indicator for the fuel strainer 1974; Amdt. 25–36, 39 FR 35461, Oct. 1, 1974;
or filter required by § 25.997 to indicate Amdt. 25–38, 41 FR 55467, Dec. 20, 1976; Amdt.
the occurrence of contamination of the 25–54, 45 FR 60173, Sept. 11, 1980; Amdt. 25–72,
strainer or filter before it reaches the 55 FR 29785, July 20, 1990; Amdt. 25–115, 69 FR
capacity established in accordance 40527, July 2, 2004]
with § 25.997(d).
§ 25.1307 Miscellaneous equipment.
(7) A warning means for the oil
strainer or filter required by § 25.1019, if The following is required miscella-
it has no bypass, to warn the pilot of neous equipment:
the occurrence of contamination of the (a) [Reserved]
strainer or filter screen before it (b) Two or more independent sources
reaches the capacity established in ac- of electrical energy.
cordance with § 25.1019(a)(2). (c) Electrical protective devices, as
(8) An indicator to indicate the prop- prescribed in this part.
er functioning of any heater used to (d) Two systems for two-way radio
prevent ice clogging of fuel system communications, with controls for
components. each accessible from each pilot station,
(d) For turbojet engine powered air- designed and installed so that failure of
planes. In addition to the powerplant one system will not preclude operation
instruments required by paragraphs (a) of the other system. The use of a com-
and (c) of this section, the following mon antenna system is acceptable if
powerplant instruments are required: adequate reliability is shown.
(1) An indicator to indicate thrust, or (e) Two systems for radio navigation,
a parameter that is directly related to with controls for each accessible from
thrust, to the pilot. The indication each pilot station, designed and in-
must be based on the direct measure- stalled so that failure of one system
ment of thrust or of parameters that will not preclude operation of the other
are directly related to thrust. The indi- system. The use of a common antenna
cator must indicate a change in thrust system is acceptable if adequate reli-
resulting from any engine malfunction, ability is shown.
damage, or deterioration. [Amdt. 25–23, 35 FR 5678, Apr. 8, 1970, as
(2) A position indicating means to in- amended by Amdt. 25–46, 43 FR 50598, Oct. 30,
dicate to the flightcrew when the 1978; Amdt. 25–54, 45 FR 60173, Sept. 11, 1980;
thrust reversing device— Amdt. 25–72, 55 FR 29785, July 20, 1990]
(i) Is not in the selected position, and
(ii) Is in the reverse thrust position, § 25.1309 Equipment, systems, and in-
for each engine using a thrust revers- stallations.
ing device. (a) The equipment, systems, and in-
(3) An indicator to indicate rotor sys- stallations whose functioning is re-
tem unbalance. quired by this subchapter, must be de-
(e) For turbopropeller-powered air- signed to ensure that they perform
planes. In addition to the powerplant their intended functions under any
instruments required by paragraphs (a) foreseeable operating condition.
and (c) of this section, the following (b) The airplane systems and associ-
powerplant instruments are required: ated components, considered sepa-
(1) A torque indicator for each en- rately and in relation to other systems,
gine. must be designed so that—
(2) Position indicating means to indi- (1) The occurrence of any failure con-
cate to the flight crew when the pro- dition which would prevent the contin-
peller blade angle is below the flight ued safe flight and landing of the air-
low pitch position, for each propeller. plane is extremely improbable, and
(f) For airplanes equipped with fluid (2) The occurrence of any other fail-
lhorne on DSKJLZT7X2PROD with CFR

systems (other than fuel) for thrust or ure conditions which would reduce the
power augmentation, an approved capability of the airplane or the ability

338

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00348 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1316

of the crew to cope with adverse oper- that requires a power supply is an ‘‘es-
ating conditions is improbable. sential load’’ on the power supply. The
(c) Warning information must be pro- power sources and the system must be
vided to alert the crew to unsafe sys- able to supply the following power
tem operating conditions, and to en- loads in probable operating combina-
able them to take appropriate correc- tions and for probable durations:
tive action. Systems, controls, and as- (1) Loads connected to the system
sociated monitoring and warning with the system functioning normally.
means must be designed to minimize (2) Essential loads, after failure of
crew errors which could create addi-
any one prime mover, power converter,
tional hazards.
or energy storage device.
(d) Compliance with the require-
ments of paragraph (b) of this section (3) Essential loads after failure of—
must be shown by analysis, and where (i) Any one engine on two-engine air-
necessary, by appropriate ground, planes; and
flight, or simulator tests. The analysis (ii) Any two engines on airplanes
must consider— with three or more engines.
(1) Possible modes of failure, includ- (4) Essential loads for which an alter-
ing malfunctions and damage from ex- nate source of power is required, after
ternal sources. any failure or malfunction in any one
(2) The probability of multiple fail- power supply system, distribution sys-
ures and undetected failures. tem, or other utilization system.
(3) The resulting effects on the air- (b) In determining compliance with
plane and occupants, considering the paragraphs (a)(2) and (3) of this section,
stage of flight and operating condi- the power loads may be assumed to be
tions, and reduced under a monitoring procedure
(4) The crew warning cues, corrective consistent with safety in the kinds of
action required, and the capability of operation authorized. Loads not re-
detecting faults. quired in controlled flight need not be
(e) In showing compliance with para- considered for the two-engine-inoper-
graphs (a) and (b) of this section with
ative condition on airplanes with three
regard to the electrical system and
or more engines.
equipment design and installation,
critical environmental conditions must [Amdt. 25–123, 72 FR 63405, Nov. 8, 2007]
be considered. For electrical genera-
tion, distribution, and utilization § 25.1316 Electrical and electronic sys-
equipment required by or used in com- tem lightning protection.
plying with this chapter, except equip- (a) Each electrical and electronic
ment covered by Technical Standard system that performs a function, for
Orders containing environmental test which failure would prevent the contin-
procedures, the ability to provide con- ued safe flight and landing of the air-
tinuous, safe service under foreseeable plane, must be designed and installed
environmental conditions may be so that—
shown by environmental tests, design
(1) The function is not adversely af-
analysis, or reference to previous com-
fected during and after the time the
parable service experience on other air-
craft. airplane is exposed to lightning; and
(f) EWIS must be assessed in accord- (2) The system automatically recov-
ance with the requirements of § 25.1709. ers normal operation of that function
in a timely manner after the airplane
[Amdt. 25–23, 35 FR 5679, Apr. 8, 1970, as is exposed to lightning.
amended by Amdt. 25–38, 41 FR 55467, Dec. 20,
1976; Amdt. 25–41, 42 FR 36970, July 18, 1977; (b) Each electrical and electronic
Amdt. 25–123, 72 FR 63405, Nov. 8, 2007] system that performs a function, for
which failure would reduce the capa-
§ 25.1310 Power source capacity and bility of the airplane or the ability of
distribution. the flightcrew to respond to an adverse
(a) Each installation whose func- operating condition, must be designed
lhorne on DSKJLZT7X2PROD with CFR

tioning is required for type certifi- and installed so that the function re-
cation or under operating rules and covers normal operation in a timely

339

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00349 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1317 14 CFR Ch. I (1–1–22 Edition)

manner after the airplane is exposed to landing of an airplane may be designed


lightning. and installed without meeting the pro-
[Doc. No. FAA–2010–0224, Amdt. 25–134, 76 FR
visions of paragraph (a) provided—
33135, June 8, 2011] (1) The system has previously been
shown to comply with special condi-
§ 25.1317 High-intensity Radiated tions for HIRF, prescribed under § 21.16,
Fields (HIRF) Protection. issued before December 1, 2007;
(a) Except as provided in paragraph (2) The HIRF immunity characteris-
(d) of this section, each electrical and tics of the system have not changed
electronic system that performs a func- since compliance with the special con-
tion whose failure would prevent the ditions was demonstrated; and
continued safe flight and landing of the (3) The data used to demonstrate
airplane must be designed and installed compliance with the special conditions
so that— is provided.
(1) The function is not adversely af- [Doc. No. FAA–2006–23657, 72 FR 44025, Aug. 6,
fected during and after the time the 2007]
airplane is exposed to HIRF environ-
ment I, as described in appendix L to INSTRUMENTS: INSTALLATION
this part;
(2) The system automatically recov- § 25.1321 Arrangement and visibility.
ers normal operation of that function, (a) Each flight, navigation, and pow-
in a timely manner, after the airplane erplant instrument for use by any pilot
is exposed to HIRF environment I, as must be plainly visible to him from his
described in appendix L to this part, station with the minimum practicable
unless the system’s recovery conflicts deviation from his normal position and
with other operational or functional line of vision when he is looking for-
requirements of the system; and ward along the flight path.
(3) The system is not adversely af- (b) The flight instruments required
fected during and after the time the by § 25.1303 must be grouped on the in-
airplane is exposed to HIRF environ- strument panel and centered as nearly
ment II, as described in appendix L to as practicable about the vertical plane
this part. of the pilot’s forward vision. In addi-
(b) Each electrical and electronic tion—
system that performs a function whose (1) The instrument that most effec-
failure would significantly reduce the tively indicates attitude must be on
capability of the airplane or the ability the panel in the top center position;
of the flightcrew to respond to an ad- (2) The instrument that most effec-
verse operating condition must be de- tively indicates airspeed must be adja-
signed and installed so the system is cent to and directly to the left of the
not adversely affected when the equip- instrument in the top center position:
ment providing these functions is ex- (3) The instrument that most effec-
posed to equipment HIRF test level 1 tively indicates altitude must be adja-
or 2, as described in appendix L to this cent to and directly to the right of the
part. instrument in the top center position;
(c) Each electrical and electronic sys- and
tem that performs a function whose (4) The instrument that most effec-
failure would reduce the capability of tively indicates direction of flight
the airplane or the ability of the must be adjacent to and directly below
flightcrew to respond to an adverse op- the instrument in the top center posi-
erating condition must be designed and tion.
installed so the system is not adversely (c) Required powerplant instruments
affected when the equipment providing must be closely grouped on the instru-
the function is exposed to equipment ment panel. In addition—
HIRF test level 3, as described in ap- (1) The location of identical power-
pendix L to this part. plant instruments for the engines must
(d) Before December 1, 2012, an elec- prevent confusion as to which engine
trical or electronic system that per- each instrument relates; and
lhorne on DSKJLZT7X2PROD with CFR

forms a function whose failure would (2) Powerplant instruments vital to


prevent the continued safe flight and the safe operation of the airplane must

340

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00350 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1323

be plainly visible to the appropriate (1) Prevent the presentation of an


crewmembers. alert that is inappropriate or unneces-
(d) Instrument panel vibration may sary.
not damage or impair the accuracy of (2) Provide a means to suppress an
any instrument. attention-getting component of an
(e) If a visual indicator is provided to alert caused by a failure of the alerting
indicate malfunction of an instrument, function that interferes with the
it must be effective under all probable flightcrew’s ability to safely operate
cockpit lighting conditions. the airplane. This means must not be
readily available to the flightcrew so
[Amdt. 25–23, 35 FR 5679, Apr. 8, 1970, as
amended by Amdt. 25–41, 42 FR 36970, July 18,
that it could be operated inadvertently
1977] or by habitual reflexive action. When
an alert is suppressed, there must be a
§ 25.1322 Flightcrew alerting. clear and unmistakable annunciation
to the flightcrew that the alert has
(a) Flightcrew alerts must:
been suppressed.
(1) Provide the flightcrew with the
(e) Visual alert indications must:
information needed to:
(1) Conform to the following color
(i) Identify non-normal operation or
convention:
airplane system conditions, and
(i) Red for warning alert indications.
(ii) Determine the appropriate ac-
tions, if any. (ii) Amber or yellow for caution alert
indications.
(2) Be readily and easily detectable
and intelligible by the flightcrew under (iii) Any color except red or green for
all foreseeable operating conditions, advisory alert indications.
including conditions where multiple (2) Use visual coding techniques, to-
alerts are provided. gether with other alerting function ele-
(3) Be removed when the alerting ments on the flight deck, to distin-
condition no longer exists. guish between warning, caution, and
advisory alert indications, if they are
(b) Alerts must conform to the fol-
presented on monochromatic displays
lowing prioritization hierarchy based
on the urgency of flightcrew awareness that are not capable of conforming to
and response. the color convention in paragraph (e)(1)
of this section.
(1) Warning: For conditions that re-
quire immediate flightcrew awareness (f) Use of the colors red, amber, and
and immediate flightcrew response. yellow on the flight deck for functions
other than flightcrew alerting must be
(2) Caution: For conditions that re-
limited and must not adversely affect
quire immediate flightcrew awareness
flightcrew alerting.
and subsequent flightcrew response.
(3) Advisory: For conditions that re- [Amdt. 25–131, 75 FR 67209, Nov. 2, 2010]
quire flightcrew awareness and may re-
quire subsequent flightcrew response. § 25.1323 Airspeed indicating system.
(c) Warning and caution alerts must: For each airspeed indicating system,
(1) Be prioritized within each cat- the following apply:
egory, when necessary. (a) Each airspeed indicating instru-
(2) Provide timely attention-getting ment must be approved and must be
cues through at least two different calibrated to indicate true airspeed (at
senses by a combination of aural, vis- sea level with a standard atmosphere)
ual, or tactile indications. with a minimum practicable instru-
(3) Permit each occurrence of the at- ment calibration error when the cor-
tention-getting cues required by para- responding pitot and static pressures
graph (c)(2) of this section to be ac- are applied.
knowledged and suppressed, unless (b) Each system must be calibrated
they are required to be continuous. to determine the system error (that is,
(d) The alert function must be de- the relation between IAS and CAS) in
signed to minimize the effects of false flight and during the accelerated take-
lhorne on DSKJLZT7X2PROD with CFR

and nuisance alerts. In particular, it off ground run. The ground run calibra-
must be designed to: tion must be determined—

341

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00351 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1324 14 CFR Ch. I (1–1–22 Edition)

(1) From 0.8 of the minimum value of the achievement of a steady climbing
V1 to the maximum value of V2, consid- condition.
ering the approved ranges of altitude (g) The effects of airspeed indicating
and weight; and system lag may not introduce signifi-
(2) With the flaps and power settings cant takeoff indicated airspeed bias, or
corresponding to the values determined significant errors in takeoff or accel-
in the establishment of the takeoff erate-stop distances.
path under § 25.111 assuming that the (h) Each system must be arranged, so
critical engine fails at the minimum far as practicable, to prevent malfunc-
value of V1. tion or serious error due to the entry of
(c) The airspeed error of the installa- moisture, dirt, or other substances.
tion, excluding the airspeed indicator (i) Each system must have a heated
instrument calibration error, may not pitot tube or an equivalent means of
exceed three percent or five knots, preventing malfunction in the heavy
whichever is greater, throughout the rain conditions defined in Table 1 of
speed range, from— this section; mixed phase and ice crys-
(1) VMO to 1.23 VSR1, with flaps re- tal conditions as defined in part 33, Ap-
tracted; and pendix D, of this chapter; the icing con-
(2) 1.23 VSR0 to VFE with flaps in the ditions defined in Appendix C of this
landing position. part; and the following icing conditions
(d) From 1.23 VSR to the speed at specified in Appendix O of this part:
which stall warning begins, the IAS (1) For airplanes certificated in ac-
must change perceptibly with CAS and cordance with § 25.1420(a)(1), the icing
in the same sense, and at speeds below conditions that the airplane is certified
stall warning speed the IAS must not to safely exit following detection.
change in an incorrect sense. (2) For airplanes certificated in ac-
(e) From VMO to VMO + 2⁄3 (VDF ¥ cordance with § 25.1420(a)(2), the icing
VMO), the IAS must change perceptibly conditions that the airplane is certified
with CAS and in the same sense, and at to safely operate in and the icing con-
higher speeds up to VDF the IAS must ditions that the airplane is certified to
not change in an incorrect sense. safely exit following detection.
(f) There must be no indication of (3) For airplanes certificated in ac-
airspeed that would cause undue dif- cordance with § 25.1420(a)(3) and for air-
ficulty to the pilot during the takeoff planes not subject to § 25.1420, all icing
between the initiation of rotation and conditions.
TABLE 1—HEAVY RAIN CONDITIONS FOR AIRSPEED INDICATING SYSTEM TESTS
Altitude range Liquid water Horizontal extent Droplet MVD
content
(ft) (m) (km) (nmiles) (μm)
(g/m3)

0 to 10 000 ......................... 0 to 3000 ............................ 1 100 50 1000


6 5 3 2000
15 1 0.5 2000

(j) Where duplicate airspeed indica- § 25.1324 Angle of attack system.


tors are required, their respective pitot
Each angle of attack system sensor
tubes must be far enough apart to
must be heated or have an equivalent
avoid damage to both tubes in a colli-
means of preventing malfunction in the
sion with a bird.
heavy rain conditions defined in Table
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as 1 of § 25.1323, the mixed phase and ice
amended by Amdt. 25–57, 49 FR 6849, Feb. 23, crystal conditions as defined in part 33,
1984; Amdt. 25–108, 67 FR 70828, Nov. 26, 2002; Appendix D, of this chapter, the icing
Amdt. 25–109, 67 FR 76656, Dec. 12, 2002; Amdt. conditions defined in Appendix C of
25–140, 79 FR 65526, Nov. 4, 2014]
this part, and the following icing con-
lhorne on DSKJLZT7X2PROD with CFR

ditions specified in Appendix O of this


part:

342

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00352 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1325

(a) For airplanes certificated in ac- (2) It is airtight except for the port
cordance with § 25.1420(a)(1), the icing into the atmosphere. A proof test must
conditions that the airplane is certified be conducted to demonstrate the integ-
to safely exit following detection. rity of the static pressure system in
(b) For airplanes certificated in ac- the following manner:
cordance with § 25.1420(a)(2), the icing (i) Unpressurized airplanes. Evacuate
conditions that the airplane is certified the static pressure system to a pres-
to safely operate in and the icing con- sure differential of approximately 1
ditions that the airplane is certified to inch of mercury or to a reading on the
safely exit following detection. altimeter, 1,000 feet above the airplane
(c) For airplanes certificated in ac- elevation at the time of the test. With-
cordance with § 25.1420(a)(3) and for air- out additional pumping for a period of
planes not subject to § 25.1420, all icing 1 minute, the loss of indicated altitude
conditions. must not exceed 100 feet on the altim-
[Amdt. 25–140, 79 FR 65527, Nov. 4, 2014] eter.
(ii) Pressurized airplanes. Evacuate
§ 25.1325 Static pressure systems. the static pressure system until a pres-
(a) Each instrument with static air sure differential equivalent to the max-
case connections must be vented to the imum cabin pressure differential for
outside atmosphere through an appro- which the airplane is type certificated
priate piping system. is achieved. Without additional pump-
(b) Each static port must be designed ing for a period of 1 minute, the loss of
and located so that: indicated altitude must not exceed 2
(1) The static pressure system per- percent of the equivalent altitude of
formance is least affected by airflow the maximum cabin differential pres-
variation, or by moisture or other for- sure or 100 feet, whichever is greater.
eign matter; and (d) Each pressure altimeter must be
(2) The correlation between air pres- approved and must be calibrated to in-
sure in the static pressure system and dicate pressure altitude in a standard
true ambient atmospheric static pres- atmosphere, with a minimum prac-
sure is not changed when the airplane ticable calibration error when the cor-
is exposed to the icing conditions de- responding static pressures are applied.
fined in Appendix C of this part, and (e) Each system must be designed and
the following icing conditions specified installed so that the error in indicated
in Appendix O of this part: pressure altitude, at sea level, with a
(i) For airplanes certificated in ac- standard atmosphere, excluding instru-
cordance with § 25.1420(a)(1), the icing ment calibration error, does not result
conditions that the airplane is certified in an error of more than ±30 feet per 100
to safely exit following detection. knots speed for the appropriate con-
(ii) For airplanes certificated in ac- figuration in the speed range between
cordance with § 25.1420(a)(2), the icing 1.23 VSR0 with flaps extended and 1.7
conditions that the airplane is certified VSR1 with flaps retracted. However, the
to safely operate in and the icing con- error need not be less than ±30 feet.
ditions that the airplane is certified to (f) If an altimeter system is fitted
safely exit following detection. with a device that provides corrections
(iii) For airplanes certificated in ac- to the altimeter indication, the device
cordance with § 25.1420(a)(3) and for air- must be designed and installed in such
planes not subject to § 25.1420, all icing manner that it can be bypassed when it
conditions. malfunctions, unless an alternate al-
(c) The design and installation of the timeter system is provided. Each cor-
static pressure system must be such rection device must be fitted with a
that— means for indicating the occurrence of
(1) Positive drainage of moisture is reasonably probable malfunctions, in-
provided; chafing of the tubing and ex- cluding power failure, to the flight
cessive distortion or restriction at crew. The indicating means must be ef-
bends in the tubing is avoided; and the fective for any cockpit lighting condi-
materials used are durable, suitable for tion likely to occur.
lhorne on DSKJLZT7X2PROD with CFR

the purpose intended, and protected (g) Except as provided in paragraph


against corrosion; and (h) of this section, if the static pressure

343

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00353 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1326 14 CFR Ch. I (1–1–22 Edition)

system incorporates both a primary autopilot quick disengagement con-


and an alternate static pressure source, trols must be located on both control
the means for selecting one or the wheels (or equivalent). The autothrust
other source must be designed so quick disengagement controls must be
that— located on the thrust control levers.
(1) When either source is selected, the Quick disengagement controls must be
other is blocked off; and readily accessible to each pilot while
(2) Both sources cannot be blocked operating the control wheel (or equiva-
off simultaneously. lent) and thrust control levers.
(h) For unpressurized airplanes, para- (b) The effects of a failure of the sys-
graph (g)(1) of this section does not tem to disengage the autopilot or
apply if it can be demonstrated that autothrust functions when manually
the static pressure system calibration, commanded by the pilot must be as-
when either static pressure source is sessed in accordance with the require-
selected, is not changed by the other ments of § 25.1309.
static pressure source being open or (c) Engagement or switching of the
blocked. flight guidance system, a mode, or a
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as sensor may not cause a transient re-
amended by Amdt. 25–5, 30 FR 8261, June 29, sponse of the airplane’s flight path any
1965; Amdt. 25–12, 32 FR 7587, May 24, 1967; greater than a minor transient, as de-
Amdt. 25–41, 42 FR 36970, July 18, 1977; Amdt. fined in paragraph (n)(1) of this section.
25–108, 67 FR 70828, Nov. 26, 2002; Amdt. 25– (d) Under normal conditions, the dis-
140, 79 FR 65527, Nov. 4, 2014]
engagement of any automatic control
§ 25.1326 Pitot heat indication systems. function of a flight guidance system
may not cause a transient response of
If a flight instrument pitot heating the airplane’s flight path any greater
system is installed, an indication sys- than a minor transient.
tem must be provided to indicate to (e) Under rare normal and non-nor-
the flight crew when that pitot heating mal conditions, disengagement of any
system is not operating. The indication automatic control function of a flight
system must comply with the following guidance system may not result in a
requirements: transient any greater than a signifi-
(a) The indication provided must in- cant transient, as defined in paragraph
corporate an amber light that is in (n)(2) of this section.
clear view of a flight crewmember. (f) The function and direction of mo-
(b) The indication provided must be
tion of each command reference con-
designed to alert the flight crew if ei-
trol, such as heading select or vertical
ther of the following conditions exist:
speed, must be plainly indicated on, or
(1) The pitot heating system is
adjacent to, each control if necessary
switched ‘‘off’’.
to prevent inappropriate use or confu-
(2) The pitot heating system is
sion.
switched ‘‘on’’ and any pitot tube heat-
(g) Under any condition of flight ap-
ing element is inoperative.
propriate to its use, the flight guidance
[Amdt. 25–43, 43 FR 10339, Mar. 13, 1978] system may not produce hazardous
loads on the airplane, nor create haz-
§ 25.1327 Magnetic direction indicator. ardous deviations in the flight path.
(a) Each magnetic direction indicator This applies to both fault-free oper-
must be installed so that its accuracy ation and in the event of a malfunc-
is not excessively affected by the air- tion, and assumes that the pilot begins
plane’s vibration or magnetic fields. corrective action within a reasonable
(b) The compensated installation period of time.
may not have a deviation, in level (h) When the flight guidance system
flight, greater than 10 degrees on any is in use, a means must be provided to
heading. avoid excursions beyond an acceptable
margin from the speed range of the
§ 25.1329 Flight guidance system. normal flight envelope. If the airplane
(a) Quick disengagement controls for experiences an excursion outside this
lhorne on DSKJLZT7X2PROD with CFR

the autopilot and autothrust functions range, a means must be provided to


must be provided for each pilot. The prevent the flight guidance system

344

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00354 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1331

from providing guidance or control to or recover to the normal flight enve-


an unsafe speed. lope, any of the following:
(i) The flight guidance system func- (i) Exceptional piloting skill, alert-
tions, controls, indications, and alerts ness, or strength.
must be designed to minimize (ii) Forces applied by the pilot which
flightcrew errors and confusion con- are greater than those specified in
cerning the behavior and operation of § 25.143(c).
the flight guidance system. Means (iii) Accelerations or attitudes in the
must be provided to indicate the cur- airplane that might result in further
rent mode of operation, including any hazard to secured or non-secured occu-
armed modes, transitions, and rever- pants.
sions. Selector switch position is not
an acceptable means of indication. The [Doc. No. FAA–2004–18775, 71 FR 18191, Apr.
11, 2006]
controls and indications must be
grouped and presented in a logical and § 25.1331 Instruments using a power
consistent manner. The indications supply.
must be visible to each pilot under all
expected lighting conditions. (a) For each instrument required by
(j) Following disengagement of the § 25.1303(b) that uses a power supply,
autopilot, a warning (visual and audi- the following apply:
tory) must be provided to each pilot (1) Each instrument must have a vis-
and be timely and distinct from all ual means integral with, the instru-
other cockpit warnings. ment, to indicate when power adequate
(k) Following disengagement of the to sustain proper instrument perform-
autothrust function, a caution must be ance is not being supplied. The power
provided to each pilot. must be measured at or near the point
(l) The autopilot may not create a where it enters the instruments. For
potential hazard when the flightcrew electric instruments, the power is con-
applies an override force to the flight sidered to be adequate when the volt-
controls. age is within approved limits.
(m) During autothrust operation, it (2) Each instrument must, in the
must be possible for the flightcrew to event of the failure of one power
move the thrust levers without requir- source, be supplied by another power
ing excessive force. The autothrust source. This may be accomplished
may not create a potential hazard automatically or by manual means.
when the flightcrew applies an override (3) If an instrument presenting navi-
force to the thrust levers. gation data receives information from
(n) For purposes of this section, a sources external to that instrument
transient is a disturbance in the con- and loss of that information would
trol or flight path of the airplane that render the presented data unreliable,
is not consistent with response to the instrument must incorporate a vis-
flightcrew inputs or environmental ual means to warn the crew, when such
conditions. loss of information occurs, that the
(1) A minor transient would not sig- presented data should not be relied
nificantly reduce safety margins and upon.
would involve flightcrew actions that (b) As used in this section, ‘‘instru-
are well within their capabilities. A ment’’ includes devices that are phys-
minor transient may involve a slight ically contained in one unit, and de-
increase in flightcrew workload or vices that are composed of two or more
some physical discomfort to passengers physically separate units or compo-
or cabin crew. nents connected together (such as a re-
(2) A significant transient may lead mote indicating gyroscopic direction
to a significant reduction in safety indicator that includes a magnetic
margins, an increase in flightcrew sensing element, a gyroscopic unit, an
workload, discomfort to the flightcrew, amplifier and an indicator connected
or physical distress to the passengers together).
or cabin crew, possibly including non-
lhorne on DSKJLZT7X2PROD with CFR

[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as


fatal injuries. Significant transients do amended by Amdt. 25–41, 42 FR 36970, July 18,
not require, in order to remain within 1977]

345

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00355 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1333 14 CFR Ch. I (1–1–22 Edition)

§ 25.1333 Instrument systems. or equivalent units, of usable fuel in


each tank during flight. In addition—
For systems that operate the instru-
ments required by § 25.1303(b) which are (1) Each fuel quantity indicator must
located at each pilot’s station— be calibrated to read ‘‘zero’’ during
(a) Means must be provided to con- level flight when the quantity of fuel
nect the required instruments at the remaining in the tank is equal to the
first pilot’s station to operating sys- unusable fuel supply determined under
tems which are independent of the op- § 25.959;
erating systems at other flight crew (2) Tanks with interconnected outlets
stations, or other equipment; and airspaces may be treated as one
(b) The equipment, systems, and in- tank and need not have separate indi-
stallations must be designed so that cators; and
one display of the information essen- (3) Each exposed sight gauge, used as
tial to the safety of flight which is pro- a fuel quantity indicator, must be pro-
vided by the instruments, including at- tected against damage.
titude, direction, airspeed, and altitude (c) Fuel flowmeter system. If a fuel
will remain available to the pilots, flowmeter system is installed, each
without additional crewmember ac- metering component must have a
tion, after any single failure or com- means for bypassing the fuel supply if
bination of failures that is not shown malfunction of that component se-
to be extremely improbable; and verely restricts fuel flow.
(c) Additional instruments, systems, (d) Oil quantity indicator. There must
or equipment may not be connected to be a stick gauge or equivalent means
the operating systems for the required to indicate the quantity of oil in each
instruments, unless provisions are tank. If an oil transfer or reserve oil
made to ensure the continued normal supply system is installed, there must
functioning of the required instru- be a means to indicate to the flight
ments in the event of any malfunction
crew, in flight, the quantity of oil in
of the additional instruments, systems,
each tank.
or equipment which is not shown to be
extremely improbable. (e) Turbopropeller blade position indi-
cator. Required turbopropeller blade
[Amdt. 25–23, 35 FR 5679, Apr. 8, 1970, as position indicators must begin indi-
amended by Amdt. 25–41, 42 FR 36970, July 18, cating before the blade moves more
1977]
than eight degrees below the flight low
§ 25.1337 Powerplant instruments. pitch stop. The source of indication
must directly sense the blade position.
(a) Instruments and instrument lines. (f) Fuel pressure indicator. There must
(1) Each powerplant and auxiliary be means to measure fuel pressure, in
power unit instrument line must meet each system supplying reciprocating
the requirements of §§ 25.993 and 25.1183.
engines, at a point downstream of any
(2) Each line carrying flammable fuel pump except fuel injection pumps.
fluids under pressure must—
In addition—
(i) Have restricting orifices or other
(1) If necessary for the maintenance
safety devices at the source of pressure
of proper fuel delivery pressure, there
to prevent the escape of excessive fluid
if the line fails; and must be a connection to transmit the
carburetor air intake static pressure to
(ii) Be installed and located so that
the proper pump relief valve connec-
the escape of fluids would not create a
hazard. tion; and
(3) Each powerplant and auxiliary (2) If a connection is required under
power unit instrument that utilizes paragraph (f)(1) of this section, the
flammable fluids must be installed and gauge balance lines must be independ-
located so that the escape of fluid ently connected to the carburetor inlet
would not create a hazard. pressure to avoid erroneous readings.
(b) Fuel quantity indicator. There [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
lhorne on DSKJLZT7X2PROD with CFR

must be means to indicate to the flight amended by Amdt. 25–40, 42 FR 15044, Mar. 17,
crewmembers, the quantity, in gallons 1977]

346

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00356 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1353

ELECTRICAL SYSTEMS AND EQUIPMENT with the normal electrical power (elec-
trical power sources excluding the bat-
§ 25.1351 General. tery) inoperative, with critical type
(a) Electrical system capacity. The re- fuel (from the standpoint of flameout
quired generating capacity, and num- and restart capability), and with the
ber and kinds of power sources must— airplane initially at the maximum cer-
(1) Be determined by an electrical tificated altitude. Parts of the elec-
load analysis; and trical system may remain on if—
(2) Meet the requirements of § 25.1309. (1) A single malfunction, including a
(b) Generating system. The generating wire bundle or junction box fire, can-
system includes electrical power not result in loss of both the part
sources, main power busses, trans- turned off and the part turned on; and
mission cables, and associated control, (2) The parts turned on are elec-
regulation, and protective devices. It trically and mechanically isolated
must be designed so that— from the parts turned off.
(1) Power sources function properly [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
when independent and when connected amended by Amdt. 25–41, 42 FR 36970, July 18,
in combination; 1977; Amdt. 25–72, 55 FR 29785, July 20, 1990]
(2) No failure or malfunction of any
power source can create a hazard or § 25.1353 Electrical equipment and in-
impair the ability of remaining sources stallations.
to supply essential loads; (a) Electrical equipment and controls
(3) The system voltage and frequency must be installed so that operation of
(as applicable) at the terminals of all any one unit or system of units will
essential load equipment can be main- not adversely affect the simultaneous
tained within the limits for which the operation of any other electrical unit
equipment is designed, during any or system essential to safe operation.
probable operating condition; and Any electrical interference likely to be
(4) System transients due to switch- present in the airplane must not result
ing, fault clearing, or other causes do in hazardous effects on the airplane or
not make essential loads inoperative, its systems.
and do not cause a smoke or fire haz- (b) Storage batteries must be de-
ard. signed and installed as follows:
(5) There are means accessible, in (1) Safe cell temperatures and pres-
flight, to appropriate crewmembers for sures must be maintained during any
the individual and collective dis- probable charging or discharging con-
connection of the electrical power dition. No uncontrolled increase in cell
sources from the system. temperature may result when the bat-
(6) There are means to indicate to ap- tery is recharged (after previous com-
propriate crewmembers the generating plete discharge)—
system quantities essential for the safe (i) At maximum regulated voltage or
operation of the system, such as the power;
voltage and current supplied by each (ii) During a flight of maximum dura-
generator. tion; and
(c) External power. If provisions are (iii) Under the most adverse cooling
made for connecting external power to condition likely to occur in service.
the airplane, and that external power (2) Compliance with paragraph (b)(1)
can be electrically connected to equip- of this section must be shown by test
ment other than that used for engine unless experience with similar bat-
starting, means must be provided to teries and installations has shown that
ensure that no external power supply maintaining safe cell temperatures and
having a reverse polarity, or a reverse pressures presents no problem.
phase sequence, can supply power to (3) No explosive or toxic gases emit-
the airplane’s electrical system. ted by any battery in normal oper-
(d) Operation without normal electrical ation, or as the result of any probable
power. It must be shown by analysis, malfunction in the charging system or
tests, or both, that the airplane can be battery installation, may accumulate
lhorne on DSKJLZT7X2PROD with CFR

operated safely in VFR conditions, for in hazardous quantities within the air-
a period of not less than five minutes, plane.

347

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00357 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1355 14 CFR Ch. I (1–1–22 Edition)

(4) No corrosive fluids or gases that the electrical system and hazard to the
may escape from the battery may dam- airplane in the event of wiring faults or
age surrounding airplane structures or serious malfunction of the system or
adjacent essential equipment. connected equipment.
(5) Each nickel cadmium battery in- (b) The protective and control de-
stallation must have provisions to pre- vices in the generating system must be
vent any hazardous effect on structure designed to de-energize and disconnect
or essential systems that may be faulty power sources and power trans-
caused by the maximum amount of mission equipment from their associ-
heat the battery can generate during a ated busses with sufficient rapidity to
short circuit of the battery or of indi- provide protection from hazardous
vidual cells. over-voltage and other malfunctioning.
(6) Nickel cadmium battery installa- (c) Each resettable circuit protective
tions must have— device must be designed so that, when
(i) A system to control the charging an overload or circuit fault exists, it
rate of the battery automatically so as will open the circuit irrespective of the
to prevent battery overheating;
position of the operating control.
(ii) A battery temperature sensing
(d) If the ability to reset a circuit
and over-temperature warning system
with a means for disconnecting the breaker or replace a fuse is essential to
battery from its charging source in the safety in flight, that circuit breaker or
event of an over-temperature condi- fuse must be located and identified so
tion; or that it can be readily reset or replaced
(iii) A battery failure sensing and in flight. Where fuses are used, there
warning system with a means for dis- must be spare fuses for use in flight
connecting the battery from its charg- equal to at least 50% of the number of
ing source in the event of battery fail- fuses of each rating required for com-
ure. plete circuit protection.
(c) Electrical bonding must provide (e) Each circuit for essential loads
an adequate electrical return path must have individual circuit protec-
under both normal and fault condi- tion. However, individual protection
tions, on airplanes having grounded for each circuit in an essential load
electrical systems. system (such as each position light cir-
cuit in a system) is not required.
[Amdt. 25–123, 72 FR 63405, Nov. 8, 2007]
(f) For airplane systems for which
§ 25.1355 Distribution system. the ability to remove or reset power
during normal operations is necessary,
(a) The distribution system includes
the system must be designed so that
the distribution busses, their associ-
circuit breakers are not the primary
ated feeders, and each control and pro-
means to remove or reset system power
tective device.
unless specifically designed for use as a
(b) [Reserved]
switch.
(c) If two independent sources of elec-
trical power for particular equipment (g) Automatic reset circuit breakers
or systems are required by this chap- may be used as integral protectors for
ter, in the event of the failure of one electrical equipment (such as thermal
power source for such equipment or cut-outs) if there is circuit protection
system, another power source (includ- to protect the cable to the equipment.
ing its separate feeder) must be auto- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
matically provided or be manually se- amended by Amdt. 25–123, 72 FR 63405, Nov. 8,
lectable to maintain equipment or sys- 2007]
tem operation.
§ 25.1360 Precautions against injury.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–23, 35 FR 5679, Apr. 8, (a) Shock. The electrical system
1970; Amdt. 25–38, 41 FR 55468, Dec. 20, 1976] must be designed to minimize risk of
electric shock to crew, passengers, and
§ 25.1357 Circuit protective devices. servicing personnel and to mainte-
lhorne on DSKJLZT7X2PROD with CFR

(a) Automatic protective devices nance personnel using normal pre-


must be used to minimize distress to cautions.

348

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00358 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1383

(b) Burns. The temperature of any (c) Domestic appliances, particularly


part that may be handled by a crew- those in galley areas, must be installed
member during normal operations or protected so as to prevent damage or
must not cause dangerous inadvertent contamination of other equipment or
movement by the crewmember or in- systems from fluids or vapors which
jury to the crewmember. may be present during normal oper-
ation or as a result of spillage, if such
[Amdt. 25–123, 72 FR 63406, Nov. 8, 2007]
damage or contamination could create
§ 25.1362 Electrical supplies for emer- a hazardous condition.
gency conditions. (d) Unless compliance with § 25.1309(b)
A suitable electrical supply must be is provided by the circuit protective
provided to those services required for device required by § 25.1357(a), electric
emergency procedures after an emer- motors and transformers, including
gency landing or ditching. The circuits those installed in domestic systems,
for these services must be designed, must have a suitable thermal protec-
protected, and installed so that the tion device to prevent overheating
risk of the services being rendered inef- under normal operation and failure
fective under these emergency condi- conditions, if overheating could create
tions is minimized. a smoke or fire hazard.
[Amdt. 25–123, 72 FR 63406, Nov. 8, 2007]
[Amdt. 25–123, 72 FR 63406, Nov. 8, 2007]

§ 25.1363 Electrical system tests. LIGHTS


(a) When laboratory tests of the elec- § 25.1381 Instrument lights.
trical system are conducted— (a) The instrument lights must—
(1) The tests must be performed on a
(1) Provide sufficient illumination to
mock-up using the same generating
make each instrument, switch and
equipment used in the airplane;
other device necessary for safe oper-
(2) The equipment must simulate the
ation easily readable unless sufficient
electrical characteristics of the dis-
illumination is available from another
tribution wiring and connected loads to
source; and
the extent necessary for valid test re-
(2) Be installed so that—
sults; and
(i) Their direct rays are shielded from
(3) Laboratory generator drives must
the pilot’s eyes; and
simulate the actual prime movers on
(ii) No objectionable reflections are
the airplane with respect to their reac-
visible to the pilot.
tion to generator loading, including
(b) Unless undimmed instrument
loading due to faults.
lights are satisfactory under each ex-
(b) For each flight condition that
pected flight condition, there must be a
cannot be simulated adequately in the
means to control the intensity of illu-
laboratory or by ground tests on the
mination.
airplane, flight tests must be made.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
§ 25.1365 Electrical appliances, motors, amended by Amdt. 25–72, 55 FR 29785, July 20,
and transformers. 1990]
(a) Domestic appliances must be de-
signed and installed so that in the § 25.1383 Landing lights.
event of failures of the electrical sup- (a) Each landing light must be ap-
ply or control system, the require- proved, and must be installed so that—
ments of § 25.1309(b), (c), and (d) will be (1) No objectionable glare is visible
satisfied. Domestic appliances are to the pilot;
items such as cooktops, ovens, coffee (2) The pilot is not adversely affected
makers, water heaters, refrigerators, by halation; and
and toilet flush systems that are (3) It provides enough light for night
placed on the airplane to provide serv- landing.
ice amenities to passengers. (b) Except when one switch is used
(b) Galleys and cooking appliances for the lights of a multiple light instal-
lhorne on DSKJLZT7X2PROD with CFR

must be installed in a way that mini- lation at one location, there must be a
mizes risk of overheat or fire. separate switch for each light.

349

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00359 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1385 14 CFR Ch. I (1–1–22 Edition)

(c) There must be a means to indicate making angles of 70 degrees to the


to the pilots when the landing lights right and to the left, respectively, to a
are extended. vertical plane passing through the lon-
gitudinal axis, as viewed when looking
§ 25.1385 Position light system installa- aft along the longitudinal axis.
tion. (e) If the rear position light, when
(a) General. Each part of each posi- mounted as far aft as practicable in ac-
tion light system must meet the appli- cordance with § 25.1385(c), cannot show
cable requirements of this section and unbroken light within dihedral angle A
each system as a whole must meet the (as defined in paragraph (d) of this sec-
requirements of §§ 25.1387 through tion), a solid angle or angles of ob-
25.1397. structed visibility totaling not more
(b) Forward position lights. Forward than 0.04 steradians is allowable within
position lights must consist of a red that dihedral angle, if such solid angle
and a green light spaced laterally as is within a cone whose apex is at the
far apart as practicable and installed rear position light and whose elements
forward on the airplane so that, with make an angle of 30° with a vertical
the airplane in the normal flying posi- line passing through the rear position
tion, the red light is on the left side light.
and the green light is on the right side. [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
Each light must be approved. amended by Amdt. 25–30, 36 FR 21278, Nov. 5,
(c) Rear position light. The rear posi- 1971]
tion light must be a white light mount-
ed as far aft as practicable on the tail § 25.1389 Position light distribution
or on each wing tip, and must be ap- and intensities.
proved. (a) General. The intensities prescribed
(d) Light covers and color filters. Each in this section must be provided by new
light cover or color filter must be at equipment with light covers and color
least flame resistant and may not filters in place. Intensities must be de-
change color or shape or lose any ap- termined with the light source oper-
preciable light transmission during ating at a steady value equal to the av-
normal use. erage luminous output of the source at
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as the normal operating voltage of the
amended by Amdt. 25–38, 41 FR 55468, Dec. 20, airplane. The light distribution and in-
1976] tensity of each position light must
meet the requirements of paragraph (b)
§ 25.1387 Position light system dihe- of this section.
dral angles. (b) Forward and rear position lights.
(a) Except as provided in paragraph The light distribution and intensities
(e) of this section, each forward and of forward and rear position lights
rear position light must, as installed, must be expressed in terms of min-
show unbroken light within the dihe- imum intensities in the horizontal
dral angles described in this section. plane, minimum intensities in any
(b) Dihedral angle L (left) is formed vertical plane, and maximum inten-
by two intersecting vertical planes, the sities in overlapping beams, within di-
first parallel to the longitudinal axis of hedral angles L, R, and A, and must
the airplane, and the other at 110 de- meet the following requirements:
grees to the left of the first, as viewed (1) Intensities in the horizontal plane.
when looking forward along the longi- Each intensity in the horizontal plane
tudinal axis. (the plane containing the longitudinal
(c) Dihedral angle R (right) is formed axis of the airplane and perpendicular
by two intersecting vertical planes, the to the plane of symmetry of the air-
first parallel to the longitudinal axis of plane) must equal or exceed the values
the airplane, and the other at 110 de- in § 25.1391.
grees to the right of the first, as viewed (2) Intensities in any vertical plane.
when looking forward along the longi- Each intensity in any vertical plane
tudinal axis. (the plane perpendicular to the hori-
lhorne on DSKJLZT7X2PROD with CFR

(d) Dihedral angle A (aft) is formed zontal plane) must equal or exceed the
by two intersecting vertical planes appropriate value in § 25.1393, where I is

350

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00360 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1397

the minimum intensity prescribed in § 25.1395 Maximum intensities in over-


§ 25.1391 for the corresponding angles in lapping beams of forward and rear
the horizontal plane. position lights.
(3) Intensities in overlaps between adja- No position light intensity may ex-
cent signals. No intensity in any over- ceed the applicable values in the fol-
lap between adjacent signals may ex- lowing table, except as provided in
ceed the values given in § 25.1395, except § 25.1389(b)(3).
that higher intensities in overlaps may
be used with main beam intensities Maximum intensity
substantially greater than the minima Overlaps Area A Area B
specified in §§ 25.1391 and 25.1393 if the (candles) (candles)

overlap intensities in relation to the Green in dihedral angle L ............. 10 1


main beam intensities do not adversely Red in dihedral angle R ................ 10 1
affect signal clarity. When the peak in- Green in dihedral angle A ............. 5 1
tensity of the forward position lights is Red in dihedral angle A ................ 5 1
Rear white in dihedral angle L ...... 5 1
more than 100 candles, the maximum Rear white in dihedral angle R ..... 5 1
overlap intensities between them may
exceed the values given in § 25.1395 if
Where—
the overlap intensity in Area A is not
(a) Area A includes all directions in
more than 10 percent of peak position
the adjacent dihedral angle that pass
light intensity and the overlap inten-
through the light source and intersect
sity in Area B is not greater than 2.5
the common boundary plane at more
percent of peak position light inten-
than 10 degrees but less than 20 de-
sity.
grees; and
§ 25.1391 Minimum intensities in the (b) Area B includes all directions in
horizontal plane of forward and the adjacent dihedral angle that pass
rear position lights. through the light source and intersect
Each position light intensity must the common boundary plane at more
equal or exceed the applicable values in than 20 degrees.
the following table:
§ 25.1397 Color specifications.
Angle from right Each position light color must have
or left of longitu-
Dihedral angle (light in- Intensity the applicable International Commis-
dinal axis, meas-
cluded) (candles)
ured from dead sion on Illumination chromaticity co-
ahead
ordinates as follows:
L and R (forward red and 0° to 10° .............. 40 (a) Aviation red—
green). 10° to 20° ............ 30
20° to 110° .......... 5 y is not greater than 0.335; and
A (rear white) ..................... 110° to 180° ........ 20 z is not greater than 0.002.
(b) Aviation green—
§ 25.1393 Minimum intensities in any
vertical plane of forward and rear x is not greater than 0.440¥0.320y ;
position lights. x is not greater than y¥0.170; and
Each position light intensity must y is not less than 0.390¥0.170x.
equal or exceed the applicable values in (c) Aviation white—
the following table:
x is not less than 0.300 and not greater than
Angle above or below the horizontal plane Intensity, l 0.540;
y is not less than x¥0.040; or y0¥0.010, which-
0° ......................................................................... 1.00 ever is the smaller; and
0° to 5° ................................................................ 0.90
y is not greater than x + 0.020 nor
5° to 10° .............................................................. 0.80
0.636¥0.400x;
10° to 15° ............................................................ 0.70
15° to 20° ............................................................ 0.50 Where y0 is the y coordinate of the Planckian
20° to 30° ............................................................ 0.30 radiator for the value of x considered.
30° to 40° ............................................................ 0.10
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
lhorne on DSKJLZT7X2PROD with CFR

40° to 90° ............................................................ 0.05


amended by Amdt. 25–27, 36 FR 12972, July 10,
1971]

351

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00361 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1399 14 CFR Ch. I (1–1–22 Edition)

§ 25.1399 Riding light. (e) Light intensity. The minimum


light intensities in all vertical planes,
(a) Each riding (anchor) light re-
quired for a seaplane or amphibian measured with the red filter (if used)
must be installed so that it can— and expressed in terms of ‘‘effective’’
(1) Show a white light for at least 2 intensities, must meet the require-
nautical miles at night under clear at- ments of paragraph (f) of this section.
mospheric conditions; and The following relation must be as-
(2) Show the maximum unbroken sumed:
light practicable when the airplane is t2
moored or drifting on the water.
∫t I(t)dt
(b) Externally hung lights may be
Ie = 1
used. 0.2 + (t 2 − t 1 )
§ 25.1401 Anticollision light system. where:
(a) General. The airplane must have Ie = effective intensity (candles).
an anticollision light system that— I(t) = instantaneous intensity as a function
(1) Consists of one or more approved of time.
anticollision lights located so that t2—t1 = flash time interval (seconds).
their light will not impair the crew’s
Normally, the maximum value of effec-
vision or detract from the conspicuity
tive intensity is obtained when t2 and t1
of the position lights; and
are chosen so that the effective inten-
(2) Meets the requirements of para-
graphs (b) through (f) of this section. sity is equal to the instantaneous in-
(b) Field of coverage. The system must tensity at t2 and t1.
consist of enough lights to illuminate (f) Minimum effective intensities for
the vital areas around the airplane anticollision lights. Each anticollision
considering the physical configuration light effective intensity must equal or
and flight characteristics of the air- exceed the applicable values in the fol-
plane. The field of coverage must ex- lowing table.
tend in each direction within at least
Effective
75 degrees above and 75 degrees below Angle above or below the horizontal plane intensity
the horizontal plane of the airplane, (candles)
except that a solid angle or angles of 0° to 5° ................................................................ 400
obstructed visibility totaling not more 5° to 10° .............................................................. 240
than 0.03 steradians is allowable within 10° to 20° ............................................................ 80
a solid angle equal to 0.15 steradians 20° to 30° ............................................................ 40
centered about the longitudinal axis in 30° to 75° ............................................................ 20
the rearward direction.
(c) Flashing characteristics. The ar- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
rangement of the system, that is, the amended by Amdt. 25–27, 36 FR 12972, July 10,
number of light sources, beam width, 1971; Amdt. 25–41, 42 FR 36970, July 18, 1977]
speed of rotation, and other character-
istics, must give an effective flash fre- § 25.1403 Wing icing detection lights.
quency of not less than 40, nor more Unless operations at night in known
than 100 cycles per minute. The effec- or forecast icing conditions are prohib-
tive flash frequency is the frequency at ited by an operating limitation, a
which the airplane’s complete anti-
means must be provided for illu-
collision light system is observed from
minating or otherwise determining the
a distance, and applies to each sector
of light including any overlaps that formation of ice on the parts of the
exist when the system consists of more wings that are critical from the stand-
than one light source. In overlaps, point of ice accumulation. Any illu-
flash frequencies may exceed 100, but mination that is used must be of a type
not 180 cycles per minute. that will not cause glare or reflection
(d) Color. Each anticollision light that would handicap crewmembers in
must be either aviation red or aviation the performance of their duties.
lhorne on DSKJLZT7X2PROD with CFR

white and must meet the applicable re- [Amdt. 25–38, 41 FR 55468, Dec. 20, 1976]
quirements of § 25.1397.

352
EC28SE91.049</MATH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00362 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1419

SAFETY EQUIPMENT (2) Be arranged to allow the life lines


to be used to enable the occupants to
§ 25.1411 General. stay on the wing after ditching.
(a) Accessibility. Required safety [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
equipment to be used by the crew in an amended by Amdt. 25–32, 37 FR 3972, Feb. 24,
emergency must be readily accessible. 1972; Amdt. 25–46, 43 FR 50598, Oct. 30, 1978;
(b) Stowage provisions. Stowage provi- Amdt. 25–53, 45 FR 41593, June 19, 1980; Amdt.
25–70, 54 FR 43925, Oct. 27, 1989; Amdt. 25–79,
sions for required emergency equip-
58 FR 45229, Aug. 26, 1993; Amdt. 25–116, 69 FR
ment must be furnished and must— 62789, Oct. 27, 2004]
(1) Be arranged so that the equip-
ment is directly accessible and its loca- § 25.1415 Ditching equipment.
tion is obvious; and (a) Ditching equipment used in air-
(2) Protect the safety equipment planes to be certificated for ditching
from inadvertent damage. under § 25.801, and required by the oper-
(c) Emergency exit descent device. The ating rules of this chapter, must meet
stowage provisions for the emergency the requirements of this section.
exit descent devices required by (b) Each liferaft and each life pre-
§ 25.810(a) must be at each exit for server must be approved. In addition—
which they are intended. (1) Unless excess rafts of enough ca-
(d) Liferafts. (1) The stowage provi- pacity are provided, the buoyancy and
sions for the liferafts described in seating capacity beyond the rated ca-
§ 25.1415 must accommodate enough pacity of the rafts must accommodate
rafts for the maximum number of occu- all occupants of the airplane in the
pants for which certification for ditch- event of a loss of one raft of the largest
ing is requested. rated capacity; and
(2) Liferafts must be stowed near (2) Each raft must have a trailing
exits through which the rafts can be line, and must have a static line de-
launched during an unplanned ditch- signed to hold the raft near the air-
ing. plane but to release it if the airplane
(3) Rafts automatically or remotely becomes totally submerged.
released outside the airplane must be (c) Approved survival equipment
must be attached to each liferaft.
attached to the airplane by means of
(d) There must be an approved sur-
the static line prescribed in § 25.1415.
vival type emergency locator trans-
(4) The stowage provisions for each
mitter for use in one life raft.
portable liferaft must allow rapid de- (e) For airplanes not certificated for
tachment and removal of the raft for ditching under § 25.801 and not having
use at other than the intended exits. approved life preservers, there must be
(e) Long-range signaling device. The an approved flotation means for each
stowage provisions for the long-range occupant. This means must be within
signaling device required by § 25.1415 easy reach of each seated occupant and
must be near an exit available during must be readily removable from the
an unplanned ditching. airplane.
(f) Life preserver stowage provisions.
The stowage provisions for life pre- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–29, 36 FR 18722, Sept.
servers described in § 25.1415 must ac- 21, 1971; Amdt. 25–50, 45 FR 38348, June 9, 1980;
commodate one life preserver for each Amdt. 25–72, 55 FR 29785, July 20, 1990; Amdt.
occupant for which certification for 25–82, 59 FR 32057, June 21, 1994]
ditching is requested. Each life pre-
server must be within easy reach of § 25.1419 Ice protection.
each seated occupant. If the applicant seeks certification
(g) Life line stowage provisions. If cer- for flight in icing conditions, the air-
tification for ditching under § 25.801 is plane must be able to safely operate in
requested, there must be provisions to the continuous maximum and inter-
store life lines. These provisions mittent maximum icing conditions of
must— appendix C. To establish this—
lhorne on DSKJLZT7X2PROD with CFR

(1) Allow one life line to be attached (a) An analysis must be performed to
to each side of the fuselage; and establish that the ice protection for

353

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00363 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1420 14 CFR Ch. I (1–1–22 Edition)

the various components of the airplane phases of flight, the requirements of


is adequate, taking into account the paragraph (e) of this section are appli-
various airplane operational configura- cable to all phases of flight.
tions; and (g) After the initial activation of the
(b) To verify the ice protection anal- airframe ice protection system—
ysis, to check for icing anomalies, and (1) The ice protection system must be
to demonstrate that the ice protection designed to operate continuously;
system and its components are effec- (2) The airplane must be equipped
tive, the airplane or its components with a system that automatically cy-
must be flight tested in the various cles the ice protection system; or
operational configurations, in meas- (3) An ice detection system must be
ured natural atmospheric icing condi- provided to alert the flightcrew each
tions and, as found necessary, by one time the ice protection system must be
or more of the following means: cycled.
(1) Laboratory dry air or simulated (h) Procedures for operation of the
icing tests, or a combination of both, of ice protection system, including acti-
the components or models of the com- vation and deactivation, must be estab-
ponents. lished and documented in the Airplane
(2) Flight dry air tests of the ice pro- Flight Manual.
tection system as a whole, or of its in- [Amdt. 25–72, 55 FR 29785, July 20, 1990, as
dividual components. amended by Amdt. 25–121, 72 FR 44669, Aug. 8,
(3) Flight tests of the airplane or its 2007; Amdt. 25–129, 74 FR 38339, Aug. 3, 2009]
components in measured simulated
icing conditions. § 25.1420 Supercooled large drop icing
(c) Caution information, such as an conditions.
amber caution light or equivalent, (a) If certification for flight in icing
must be provided to alert the conditions is sought, in addition to the
flightcrew when the anti-ice or de-ice requirements of § 25.1419, an airplane
system is not functioning normally. with a maximum takeoff weight less
(d) For turbine engine powered air- than 60,000 pounds or with reversible
planes, the ice protection provisions of flight controls must be capable of oper-
this section are considered to be appli- ating in accordance with paragraphs
cable primarily to the airframe. For (a)(1), (2), or (3), of this section.
the powerplant installation, certain ad- (1) Operating safely after encoun-
ditional provisions of subpart E of this tering the icing conditions defined in
part may be found applicable. Appendix O of this part:
(e) One of the following methods of (i) The airplane must have a means
icing detection and activation of the to detect that it is operating in Appen-
airframe ice protection system must be dix O icing conditions; and
provided: (ii) Following detection of Appendix
(1) A primary ice detection system O icing conditions, the airplane must
that automatically activates or alerts be capable of operating safely while
the flightcrew to activate the airframe exiting all icing conditions.
ice protection system; (2) Operating safely in a portion of
(2) A definition of visual cues for rec- the icing conditions defined in Appen-
ognition of the first sign of ice accre- dix O of this part as selected by the ap-
tion on a specified surface combined plicant:
with an advisory ice detection system (i) The airplane must have a means
that alerts the flightcrew to activate to detect that it is operating in condi-
the airframe ice protection system; or tions that exceed the selected portion
(3) Identification of conditions con- of Appendix O icing conditions; and
ducive to airframe icing as defined by (ii) Following detection, the airplane
an appropriate static or total air tem- must be capable of operating safely
perature and visible moisture for use while exiting all icing conditions.
by the flightcrew to activate the air- (3) Operating safely in the icing con-
frame ice protection system. ditions defined in Appendix O of this
(f) Unless the applicant shows that part.
lhorne on DSKJLZT7X2PROD with CFR

the airframe ice protection system (b) To establish that the airplane can
need not be operated during specific operate safely as required in paragraph

354

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00364 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1423

(a) of this section, an applicant must § 25.1421 Megaphones.


show through analysis that the ice pro-
If a megaphone is installed, a re-
tection for the various components of
straining means must be provided that
the airplane is adequate, taking into is capable of restraining the mega-
account the various airplane oper- phone when it is subjected to the ulti-
ational configurations. To verify the mate inertia forces specified in
analysis, one, or more as found nec- § 25.561(b)(3).
essary, of the following methods must
be used: [Amdt. 25–41, 42 FR 36970, July 18, 1977]
(1) Laboratory dry air or simulated
§ 25.1423 Public address system.
icing tests, or a combination of both, of
the components or models of the com- A public address system required by
ponents. this chapter must—
(2) Laboratory dry air or simulated (a) Be powerable when the aircraft is
icing tests, or a combination of both, of in flight or stopped on the ground,
models of the airplane. after the shutdown or failure of all en-
(3) Flight tests of the airplane or its gines and auxiliary power units, or the
components in simulated icing condi- disconnection or failure of all power
tions, measured as necessary to sup- sources dependent on their continued
port the analysis. operation, for—
(4) Flight tests of the airplane with (1) A time duration of at least 10 min-
simulated ice shapes. utes, including an aggregate time dura-
(5) Flight tests of the airplane in nat- tion of at least 5 minutes of announce-
ural icing conditions, measured as nec- ments made by flight and cabin crew-
essary to support the analysis. members, considering all other loads
(c) For an airplane certified in ac- which may remain powered by the
cordance with paragraph (a)(2) or (3) of same source when all other power
this section, the requirements of sources are inoperative; and
§ 25.1419(e), (f), (g), and (h) must be met (2) An additional time duration in its
for the icing conditions defined in Ap- standby state appropriate or required
pendix O of this part in which the air- for any other loads that are powered by
plane is certified to operate. the same source and that are essential
(d) For the purposes of this section, to safety of flight or required during
emergency conditions.
the following definitions apply:
(b) Be capable of operation within 3
(1) Reversible Flight Controls. Flight
seconds from the time a microphone is
controls in the normal operating con-
removed from its stowage.
figuration that have force or motion
originating at the airplane’s control (c) Be intelligible at all passenger
surface (for example, through aero- seats, lavatories, and flight attendant
dynamic loads, static imbalance, or seats and work stations.
trim or servo tab inputs) that is trans- (d) Be designed so that no unused,
mitted back to flight deck controls. unstowed microphone will render the
This term refers to flight deck controls system inoperative.
connected to the pitch, roll, or yaw (e) Be capable of functioning inde-
control surfaces by direct mechanical pendently of any required crewmember
linkages, cables, or push-pull rods in interphone system.
such a way that pilot effort produces (f) Be accessible for immediate use
motion or force about the hinge line. from each of two flight crewmember
(2) Simulated Icing Test. Testing con- stations in the pilot compartment.
ducted in simulated icing conditions, (g) For each required floor-level pas-
such as in an icing tunnel or behind an senger emergency exit which has an ad-
icing tanker. jacent flight attendant seat, have a
microphone which is readily accessible
(3) Simulated Ice Shape. Ice shape fab-
to the seated flight attendant, except
ricated from wood, epoxy, or other ma-
that one microphone may serve more
lhorne on DSKJLZT7X2PROD with CFR

terials by any construction technique.


than one exit, provided the proximity
[Amdt. 25–140, 79 FR 65528, Nov. 4, 2014] of the exits allows unassisted verbal

355

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00365 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1431 14 CFR Ch. I (1–1–22 Edition)

communication between seated flight Element Proof Ultimate


attendants. (xDOP) (xDOP)

[Doc. No. 26003, 58 FR 45229, Aug. 26, 1993, as 1. Tubes and fittings. ......................... 1.5 3.0
2. Pressure vessels containing gas:
amended by Amdt. 25–115, 69 FR 40527, July 2,
High pressure (e.g., accumula-
2004]
tors) ......................................... 3.0 4.0
Low pressure (e.g., reservoirs) .. 1.5 3.0
MISCELLANEOUS EQUIPMENT 3. Hoses ............................................ 2.0 4.0
4. All other elements ......................... 1.5 2.0
§ 25.1431 Electronic equipment.
(a) In showing compliance with (2) Withstand, without deformation
§ 25.1309 (a) and (b) with respect to that would prevent it from performing
radio and electronic equipment and its intended function, the design oper-
their installations, critical environ- ating pressure in combination with
mental conditions must be considered. limit structural loads that may be im-
(b) Radio and electronic equipment posed;
must be supplied with power under the (3) Withstand, without rupture, the
requirements of § 25.1355(c). design operating pressure multiplied by
(c) Radio and electronic equipment, a factor of 1.5 in combination with ulti-
controls, and wiring must be installed mate structural load that can reason-
so that operation of any one unit or ably occur simultaneously;
system of units will not adversely af- (4) Withstand the fatigue effects of
fect the simultaneous operation of any all cyclic pressures, including tran-
other radio or electronic unit, or sys- sients, and associated externally in-
tem of units, required by this chapter. duced loads, taking into account the
(d) Electronic equipment must be de- consequences of element failure; and
signed and installed such that it does (5) Perform as intended under all en-
not cause essential loads to become in- vironmental conditions for which the
operative as a result of electrical airplane is certificated.
power supply transients or transients (b) System design. Each hydraulic sys-
from other causes. tem must:
(1) Have means located at a
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as flightcrew station to indicate appro-
amended by Amdt. 25–113, 69 FR 12530, Mar.
16, 2004]
priate system parameters, if
(i) It performs a function necessary
§ 25.1433 Vacuum systems. for continued safe flight and landing;
or
There must be means, in addition to (ii) In the event of hydraulic system
the normal pressure relief, to auto- malfunction, corrective action by the
matically relieve the pressure in the crew to ensure continued safe flight
discharge lines from the vacuum air and landing is necessary;
pump when the delivery temperature of
(2) Have means to ensure that system
the air becomes unsafe.
pressures, including transient pres-
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as sures and pressures from fluid volu-
amended by Amdt. 25–72, 55 FR 29785, July 20, metric changes in elements that are
1990] likely to remain closed long enough for
such changes to occur, are within the
§ 25.1435 Hydraulic systems. design capabilities of each element,
(a) Element design. Each element of such that they meet the requirements
the hydraulic system must be designed defined in § 25.1435(a)(1) through (a)(5);
to: (3) Have means to minimize the re-
(1) Withstand the proof pressure lease of harmful or hazardous con-
without permanent deformation that centrations of hydraulic fluid or vapors
would prevent it from performing its into the crew and passenger compart-
intended functions, and the ultimate ments during flight;
pressure without rupture. The proof (4) Meet the applicable requirements
and ultimate pressures are defined in of §§ 25.863, 25.1183, 25.1185, and 25.1189 if
lhorne on DSKJLZT7X2PROD with CFR

terms of the design operating pressure a flammable hydraulic fluid is used;


(DOP) as follows: and

356

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00366 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1439

(5) Be designed to use any suitable (c) An analysis, or a combination of


hydraulic fluid specified by the air- analysis and test, may be substituted
plane manufacturer, which must be for any test required by paragraph (a)
identified by appropriate markings as or (b) of this section if the Adminis-
required by § 25.1541. trator finds it equivalent to the re-
(c) Tests. Tests must be conducted on quired test.
the hydraulic system(s), and/or sub- [Amdt. 25–41, 42 FR 36971, July 18, 1977]
system(s) and elements, except that
analysis may be used in place of or to § 25.1439 Protective breathing equip-
supplement testing, where the analysis ment.
is shown to be reliable and appropriate. (a) Fixed (stationary, or built in) pro-
All internal and external influences tective breathing equipment must be
must be taken into account to an ex- installed for the use of the flightcrew,
tent necessary to evaluate their ef- and at least one portable protective
fects, and to assure reliable system and breathing equipment shall be located
element functioning and integration. at or near the flight deck for use by a
Failure or unacceptable deficiency of flight crewmember. In addition, port-
an element or system must be cor- able protective breathing equipment
rected and be sufficiently retested, must be installed for the use of appro-
where necessary. priate crewmembers for fighting fires
(1) The system(s), subsystem(s), or in compartments accessible in flight
element(s) must be subjected to per- other than the flight deck. This in-
formance, fatigue, and endurance tests cludes isolated compartments and
representative of airplane ground and upper and lower lobe galleys, in which
flight operations. crewmember occupancy is permitted
(2) The complete system must be during flight. Equipment must be in-
tested to determine proper functional stalled for the maximum number of
performance and relation to the other crewmembers expected to be in the
systems, including simulation of rel- area during any operation.
evant failure conditions, and to sup- (b) For protective breathing equip-
port or validate element design. ment required by paragraph (a) of this
(3) The complete hydraulic system(s) section or by the applicable Operating
must be functionally tested on the air- Regulations:
plane in normal operation over the (1) The equipment must be designed
range of motion of all associated user to protect the appropriate crewmember
systems. The test must be conducted at from smoke, carbon dioxide, and other
the system relief pressure or 1.25 times harmful gases while on flight deck
the DOP if a system pressure relief de- duty or while combating fires.
vice is not part of the system design. (2) The equipment must include—
Clearances between hydraulic system (i) Masks covering the eyes, nose and
elements and other systems or struc- mouth, or
tural elements must remain adequate (ii) Masks covering the nose and
and there must be no detrimental ef- mouth, plus accessory equipment to
fects. cover the eyes.
(3) Equipment, including portable
[Doc. No. 28617, 66 FR 27402, May 16, 2001] equipment, must allow communication
with other crewmembers while in use.
§ 25.1438 Pressurization and pneu- Equipment available at flightcrew as-
matic systems.
signed duty stations must also enable
(a) Pressurization system elements the flightcrew to use radio equipment.
must be burst pressure tested to 2.0 (4) The part of the equipment pro-
times, and proof pressure tested to 1.5 tecting the eyes shall not cause any ap-
times, the maximum normal operating preciable adverse effect on vision and
pressure. must allow corrective glasses to be
(b) Pneumatic system elements must worn.
be burst pressure tested to 3.0 times, (5) The equipment must supply pro-
and proof pressure tested to 1.5 times, tective oxygen of 15 minutes duration
lhorne on DSKJLZT7X2PROD with CFR

the maximum normal operating pres- per crewmember at a pressure altitude


sure. of 8,000 feet with a respiratory minute

357

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00367 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1441 14 CFR Ch. I (1–1–22 Edition)

volume of 30 liters per minute BTPD. spiration, a mean tracheal oxygen par-
The equipment and system must be de- tial pressure of 149 mm. Hg. when
signed to prevent any inward leakage breathing 15 liters per minute, BTPS,
to the inside of the device and prevent and with a maximum tidal volume of
any outward leakage causing signifi- 700 cc. with a constant time interval
cant increase in the oxygen content of between respirations.
the local ambient atmosphere. If a de- (b) If demand equipment is installed
mand oxygen system is used, a supply for use by flight crewmembers, the
of 300 liters of free oxygen at 70 °F. and minimum mass flow of supplemental
760 mm. Hg. pressure is considered to oxygen required for each crewmember
be of 15-minute duration at the pre- may not be less than the flow required
scribed altitude and minute volume. If to maintain, during inspiration, a
a continuous flow open circuit protec- mean tracheal oxygen partial pressure
tive breathing system is used, a flow of 122 mm. Hg., up to and including a
rate of 60 liters per minute at 8,000 feet cabin pressure altitude of 35,000 feet,
(45 liters per minute at sea level) and a and 95 percent oxygen between cabin
supply of 600 liters of free oxygen at 70 pressure altitudes of 35,000 and 40,000
°F. and 760 mm. Hg. pressure is consid- feet, when breathing 20 liters per
ered to be of 15-minute duration at the minute BTPS. In addition, there must
prescribed altitude and minute volume. be means to allow the crew to use undi-
Continuous flow systems must not in- luted oxygen at their discretion.
crease the ambient oxygen content of
(c) For passengers and cabin attend-
the local atmosphere above that of de-
ants, the minimum mass flow of sup-
mand systems. BTPD refers to body
plemental oxygen required for each
temperature conditions (that is, 37 °C.,
person at various cabin pressure alti-
at ambient pressure, dry).
(6) The equipment must meet the re- tudes may not be less than the flow re-
quirements of § 25.1441. quired to maintain, during inspiration
and while using the oxygen equipment
[Doc. No. FAA–2002–13859, 69 FR 40528, July 2, (including masks) provided, the fol-
2004] lowing mean tracheal oxygen partial
§ 25.1441 Oxygen equipment and sup- pressures:
ply. (1) At cabin pressure altitudes above
10,000 feet up to and including 18,500
(a) If certification with supplemental
feet, a mean tracheal oxygen partial
oxygen equipment is requested, the
pressure of 100 mm. Hg. when breathing
equipment must meet the requirements
15 liters per minute, BTPS, and with a
of this section and §§ 25.1443 through
tidal volume of 700 cc. with a constant
25.1453.
time interval between respirations.
(b) The oxygen system must be free
from hazards in itself, in its method of (2) At cabin pressure altitudes above
operation, and in its effect upon other 18,500 feet up to and including 40,000
components. feet, a mean tracheal oxygen partial
(c) There must be a means to allow pressure of 83.8 mm. Hg. when breath-
the crew to readily determine, during ing 30 liters per minute, BTPS, and
flight, the quantity of oxygen available with a tidal volume of 1,100 cc. with a
in each source of supply. constant time interval between res-
(d) The oxygen flow rate and the oxy- pirations.
gen equipment for airplanes for which (d) If first-aid oxygen equipment is
certification for operation above 40,000 installed, the minimum mass flow of
feet is requested must be approved. oxygen to each user may not be less
than four liters per minute, STPD.
§ 25.1443 Minimum mass flow of sup- However, there may be a means to de-
plemental oxygen. crease this flow to not less than two li-
(a) If continuous flow equipment is ters per minute, STPD, at any cabin al-
installed for use by flight crew- titude. The quantity of oxygen re-
members, the minimum mass flow of quired is based upon an average flow
supplemental oxygen required for each rate of three liters per minute per per-
lhorne on DSKJLZT7X2PROD with CFR

crewmember may not be less than the son for whom first-aid oxygen is re-
flow required to maintain, during in- quired.

358

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00368 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1447

(e) If portable oxygen equipment is least two oxygen dispensing units con-
installed for use by crewmembers, the nected to oxygen terminals in each lav-
minimum mass flow of supplemental atory. The total number of dispensing
oxygen is the same as specified in para- units and outlets in the cabin must ex-
graph (a) or (b) of this section, which- ceed the number of seats by at least 10
ever is applicable. percent. The extra units must be as
uniformly distributed throughout the
§ 25.1445 Equipment standards for the cabin as practicable. If certification for
oxygen distributing system. operation above 30,000 feet is requested,
(a) When oxygen is supplied to both the dispensing units providing the re-
crew and passengers, the distribution quired oxygen flow must be automati-
system must be designed for either— cally presented to the occupants before
(1) A source of supply for the flight the cabin pressure altitude exceeds
crew on duty and a separate source for 15,000 feet. The crew must be provided
the passengers and other crewmembers; with a manual means of making the
or dispensing units immediately available
(2) A common source of supply with in the event of failure of the automatic
means to separately reserve the min- system.
imum supply required by the flight (2) Each flight crewmember on flight
crew on duty. deck duty must be provided with a
(b) Portable walk-around oxygen quick-donning type oxygen dispensing
units of the continuous flow, diluter- unit connected to an oxygen supply
demand, and straight demand kinds terminal. This dispensing unit must be
may be used to meet the crew or pas- immediately available to the flight
senger breathing requirements. crewmember when seated at his sta-
tion, and installed so that it:
§ 25.1447 Equipment standards for ox- (i) Can be placed on the face from its
ygen dispensing units. ready position, properly secured,
If oxygen dispensing units are in- sealed, and supplying oxygen upon de-
stalled, the following apply: mand, with one hand, within five sec-
(a) There must be an individual dis- onds and without disturbing eyeglasses
pensing unit for each occupant for or causing delay in proceeding with
whom supplemental oxygen is to be emergency duties; and
supplied. Units must be designed to (ii) Allows, while in place, the per-
cover the nose and mouth and must be formance of normal communication
equipped with a suitable means to re- functions.
tain the unit in position on the face. (3) The oxygen dispensing equipment
Flight crew masks for supplemental for the flight crewmembers must be:
oxygen must have provisions for the (i) The diluter demand or pressure de-
use of communication equipment. mand (pressure demand mask with a
(b) If certification for operation up to diluter demand pressure breathing reg-
and including 25,000 feet is requested, ulator) type, or other approved oxygen
an oxygen supply terminal and unit of equipment shown to provide the same
oxygen dispensing equipment for the degree of protection, for airplanes to be
immediate use of oxygen by each crew- operated above 25,000 feet.
member must be within easy reach of (ii) The pressure demand (pressure
that crewmember. For any other occu- demand mask with a diluter demand
pants, the supply terminals and dis- pressure breathing regulator) type with
pensing equipment must be located to mask-mounted regulator, or other ap-
allow the use of oxygen as required by proved oxygen equipment shown to
the operating rules in this chapter. provide the same degree of protection,
(c) If certification for operation for airplanes operated at altitudes
above 25,000 feet is requested, there where decompressions that are not ex-
must be oxygen dispensing equipment tremely improbable may expose the
meeting the following requirements: flightcrew to cabin pressure altitudes
(1) There must be an oxygen dis- in excess of 34,000 feet.
pensing unit connected to oxygen sup- (4) Portable oxygen equipment must
lhorne on DSKJLZT7X2PROD with CFR

ply terminals immediately available to be immediately available for each


each occupant, wherever seated, and at cabin attendant. The portable oxygen

359

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00369 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1449 14 CFR Ch. I (1–1–22 Edition)

equipment must have the oxygen dis- § 25.1453 Protection of oxygen equip-
pensing unit connected to the portable ment from rupture.
oxygen supply. Oxygen pressure tanks, and lines be-
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as tween tanks and the shutoff means,
amended by Amdt. 25–41, 42 FR 36971, July 18, must be—
1977; Amdt. 25–87, 61 FR 28696, June 5, 1996; (a) Protected from unsafe tempera-
Amdt. 25–116, 69 FR 62789, Oct. 27, 2004] tures; and
(b) Located where the probability and
§ 25.1449 Means for determining use of hazards of rupture in a crash landing
oxygen. are minimized.
There must be a means to allow the
crew to determine whether oxygen is § 25.1455 Draining of fluids subject to
being delivered to the dispensing equip- freezing.
ment. If fluids subject to freezing may be
drained overboard in flight or during
§ 25.1450 Chemical oxygen generators. ground operation, the drains must be
(a) For the purpose of this section, a designed and located to prevent the
chemical oxygen generator is defined formation of hazardous quantities of
as a device which produces oxygen by ice on the airplane as a result of the
drainage.
chemical reaction.
(b) Each chemical oxygen generator [Amdt. 25–23, 35 FR 5680, Apr. 8, 1970]
must be designed and installed in ac-
cordance with the following require- § 25.1457 Cockpit voice recorders.
ments: (a) Each cockpit voice recorder re-
(1) Surface temperature developed by quired by the operating rules of this
the generator during operation may chapter must be approved and must be
not create a hazard to the airplane or installed so that it will record the fol-
to its occupants. lowing:
(2) Means must be provided to relieve (1) Voice communications trans-
any internal pressure that may be haz- mitted from or received in the airplane
ardous. by radio.
(3) Except as provided in SFAR 109, (2) Voice communications of flight
each chemical oxygen generator instal- crewmembers on the flight deck.
lation must meet the requirements of (3) Voice communications of flight
§ 25.795(d). crewmembers on the flight deck, using
(c) In addition to meeting the re- the airplane’s interphone system.
quirements in paragraph (b) of this sec- (4) Voice or audio signals identifying
tion, each portable chemical oxygen navigation or approach aids introduced
into a headset or speaker.
generator that is capable of sustained
(5) Voice communications of flight
operation by successive replacement of
crewmembers using the passenger loud-
a generator element must be placarded
speaker system, if there is such a sys-
to show—
tem and if the fourth channel is avail-
(1) The rate of oxygen flow, in liters able in accordance with the require-
per minute; ments of paragraph (c)(4)(ii) of this sec-
(2) The duration of oxygen flow, in tion.
minutes, for the replaceable generator (6) If datalink communication equip-
element; and ment is installed, all datalink commu-
(3) A warning that the replaceable nications, using an approved data mes-
generator element may be hot, unless sage set. Datalink messages must be
the element construction is such that recorded as the output signal from the
the surface temperature cannot exceed communications unit that translates
100 degrees F. the signal into usable data.
(b) The recording requirements of
[Amdt. 25–41, 42 FR 36971, July 18, 1977, as
paragraph (a)(2) of this section must be
lhorne on DSKJLZT7X2PROD with CFR

amended at 79 FR 13519, Mar. 11, 2014]


met by installing a cockpit-mounted
area microphone, located in the best

360

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00370 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1457

position for recording voice commu- (1)(i) It receives its electrical power
nications originating at the first and from the bus that provides the max-
second pilot stations and voice commu- imum reliability for operation of the
nications of other crewmembers on the cockpit voice recorder without jeopard-
flight deck when directed to those sta- izing service to essential or emergency
tions. The microphone must be so lo- loads.
cated and, if necessary, the pre- (ii) It remains powered for as long as
amplifiers and filters of the recorder possible without jeopardizing emer-
must be so adjusted or supplemented, gency operation of the airplane.
that the intelligibility of the recorded (2) There is an automatic means to
communications is as high as prac- simultaneously stop the recorder and
ticable when recorded under flight prevent each erasure feature from func-
cockpit noise conditions and played tioning, within 10 minutes after crash
back. Repeated aural or visual play- impact;
back of the record may be used in eval- (3) There is an aural or visual means
uating intelligibility. for preflight checking of the recorder
(c) Each cockpit voice recorder must for proper operation;
be installed so that the part of the (4) Any single electrical failure exter-
communication or audio signals speci- nal to the recorder does not disable
fied in paragraph (a) of this section ob- both the cockpit voice recorder and the
tained from each of the following flight data recorder;
sources is recorded on a separate chan-
(5) It has an independent power
nel:
source—
(1) For the first channel, from each
(i) That provides 10 ±1 minutes of
boom, mask, or hand-held microphone,
electrical power to operate both the
headset, or speaker used at the first
cockpit voice recorder and cockpit-
pilot station.
mounted area microphone;
(2) For the second channel from each
boom, mask, or hand-held microphone, (ii) That is located as close as prac-
headset, or speaker used at the second ticable to the cockpit voice recorder;
pilot station. and
(3) For the third channel—from the (iii) To which the cockpit voice re-
cockpit-mounted area microphone. corder and cockpit-mounted area
(4) For the fourth channel, from— microphone are switched automati-
(i) Each boom, mask, or hand-held cally in the event that all other power
microphone, headset, or speaker used to the cockpit voice recorder is inter-
at the station for the third and fourth rupted either by normal shutdown or
crew members; or by any other loss of power to the elec-
(ii) If the stations specified in para- trical power bus; and
graph (c)(4)(i) of this section are not re- (6) It is in a separate container from
quired or if the signal at such a station the flight data recorder when both are
is picked up by another channel, each required. If used to comply with only
microphone on the flight deck that is the cockpit voice recorder require-
used with the passenger loudspeaker ments, a combination unit may be in-
system, if its signals are not picked up stalled.
by another channel. (e) The recorder container must be
(5) As far as is practicable all sounds located and mounted to minimize the
received by the microphone listed in probability of rupture of the container
paragraphs (c)(1), (2), and (4) of this as a result of crash impact and con-
section must be recorded without sequent heat damage to the recorder
interruption irrespective of the posi- from fire.
tion of the interphone-transmitter key (1) Except as provided in paragraph
switch. The design shall ensure that (e)(2) of this section, the recorder con-
sidetone for the flight crew is produced tainer must be located as far aft as
only when the interphone, public ad- practicable, but need not be outside of
dress system, or radio transmitters are the pressurized compartment, and may
in use. not be located where aft-mounted en-
lhorne on DSKJLZT7X2PROD with CFR

(d) Each cockpit voice recorder must gines may crush the container during
be installed so that— impact.

361

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00371 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1459 14 CFR Ch. I (1–1–22 Edition)

(2) If two separate combination dig- (ii) It remains powered for as long as
ital flight data recorder and cockpit possible without jeopardizing emer-
voice recorder units are installed in- gency operation of the airplane.
stead of one cockpit voice recorder and (4) There is an aural or visual means
one digital flight data recorder, the for preflight checking of the recorder
combination unit that is installed to for proper recording of data in the stor-
comply with the cockpit voice recorder age medium;
requirements may be located near the (5) Except for recorders powered sole-
cockpit. ly by the engine-driven electrical gen-
(f) If the cockpit voice recorder has a erator system, there is an automatic
bulk erasure device, the installation means to simultaneously stop a re-
must be designed to minimize the prob- corder that has a data erasure feature
ability of inadvertent operation and ac- and prevent each erasure feature from
tuation of the device during crash im- functioning, within 10 minutes after
pact. crash impact;
(g) Each recorder container must— (6) There is a means to record data
(1) Be either bright orange or bright from which the time of each radio
yellow; transmission either to or from ATC can
(2) Have reflective tape affixed to its be determined;
external surface to facilitate its loca- (7) Any single electrical failure exter-
tion under water; and nal to the recorder does not disable
(3) Have an underwater locating de- both the cockpit voice recorder and the
vice, when required by the operating flight data recorder; and
rules of this chapter, on or adjacent to (8) It is in a separate container from
the container which is secured in such the cockpit voice recorder when both
manner that they are not likely to be are required. If used to comply with
separated during crash impact. only the flight data recorder require-
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
ments, a combination unit may be in-
amended by Amdt. 25–2, 30 FR 3932, Mar. 26, stalled. If a combination unit is in-
1965; Amdt. 25–16, 32 FR 13914, Oct. 6, 1967; stalled as a cockpit voice recorder to
Amdt. 25–41, 42 FR 36971, July 18, 1977; Amdt. comply with § 25.1457(e)(2), a combina-
25–65, 53 FR 26143, July 11, 1988; Amdt. 25–124, tion unit must be used to comply with
73 FR 12563, Mar. 7, 2008; 74 FR 32800, July 9, this flight data recorder requirement.
2009] (b) Each nonejectable record con-
tainer must be located and mounted so
§ 25.1459 Flight data recorders.
as to minimize the probability of con-
(a) Each flight recorder required by tainer rupture resulting from crash im-
the operating rules of this chapter pact and subsequent damage to the
must be installed so that— record from fire. In meeting this re-
(1) It is supplied with airspeed, alti- quirement the record container must
tude, and directional data obtained be located as far aft as practicable, but
from sources that meet the accuracy need not be aft of the pressurized com-
requirements of §§ 25.1323, 25.1325, and partment, and may not be where aft-
25.1327, as appropriate; mounted engines may crush the con-
(2) The vertical acceleration sensor is tainer upon impact.
rigidly attached, and located longitu- (c) A correlation must be established
dinally either within the approved cen- between the flight recorder readings of
ter of gravity limits of the airplane, or airspeed, altitude, and heading and the
at a distance forward or aft of these corresponding readings (taking into ac-
limits that does not exceed 25 percent count correction factors) of the first pi-
of the airplane’s mean aerodynamic lot’s instruments. The correlation
chord; must cover the airspeed range over
(3)(i) It receives its electrical power which the airplane is to be operated,
from the bus that provides the max- the range of altitude to which the air-
imum reliability for operation of the plane is limited, and 360 degrees of
flight data recorder without jeopard- heading. Correlation may be estab-
lhorne on DSKJLZT7X2PROD with CFR

izing service to essential or emergency lished on the ground as appropriate.


loads. (d) Each recorder container must—

362

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00372 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1507

(1) Be either bright orange or bright Subpart G—Operating Limitations


yellow; and Information
(2) Have reflective tape affixed to its
external surface to facilitate its loca- § 25.1501 General.
tion under water; and (a) Each operating limitation speci-
(3) Have an underwater locating de- fied in §§ 25.1503 through 25.1533 and
vice, when required by the operating other limitations and information nec-
rules of this chapter, on or adjacent to essary for safe operation must be es-
the container which is secured in such tablished.
a manner that they are not likely to be
(b) The operating limitations and
separated during crash impact.
other information necessary for safe
(e) Any novel or unique design or operation must be made available to
operational characteristics of the air- the crewmembers as prescribed in
craft shall be evaluated to determine if §§ 25.1541 through 25.1587.
any dedicated parameters must be re-
corded on flight recorders in addition [Amdt. 25–42, 43 FR 2323, Jan. 16, 1978]
to or in place of existing requirements.
OPERATING LIMITATIONS
[Amdt. 25–8, 31 FR 127, Jan. 6, 1966, as amend-
ed by Amdt. 25–25, 35 FR 13192, Aug. 19, 1970; § 25.1503 Airspeed limitations: general.
Amdt. 25–37, 40 FR 2577, Jan. 14, 1975; Amdt.
25–41, 42 FR 36971, July 18, 1977; Amdt. 25–65, When airspeed limitations are a func-
53 FR 26144, July 11, 1988; Amdt. 25–124, 73 FR tion of weight, weight distribution, al-
12563, Mar. 7, 2008; 74 FR 32800, July 9, 2009] titude, or Mach number, limitations
corresponding to each critical com-
§ 25.1461 Equipment containing high bination of these factors must be estab-
energy rotors. lished.
(a) Equipment containing high en-
ergy rotors must meet paragraph (b), § 25.1505 Maximum operating limit
speed.
(c), or (d) of this section.
(b) High energy rotors contained in The maximum operating limit speed
equipment must be able to withstand (VMO/MMO airspeed or Mach Number,
damage caused by malfunctions, vibra- whichever is critical at a particular al-
tion, abnormal speeds, and abnormal titude) is a speed that may not be de-
temperatures. In addition— liberately exceeded in any regime of
(1) Auxiliary rotor cases must be able flight (climb, cruise, or descent), unless
to contain damage caused by the fail- a higher speed is authorized for flight
ure of high energy rotor blades; and test or pilot training operations. VMO/
(2) Equipment control devices, sys- MMO must be established so that it is
tems, and instrumentation must rea- not greater than the design cruising
sonably ensure that no operating limi- speed VC and so that it is sufficiently
tations affecting the integrity of high below VD/MD or VDF/MDF, to make it
energy rotors will be exceeded in serv- highly improbable that the latter
ice. speeds will be inadvertently exceeded
(c) It must be shown by test that in operations. The speed margin be-
equipment containing high energy ro- tween VMO/MMO and VD/MD or VDFM/DF
tors can contain any failure of a high may not be less than that determined
energy rotor that occurs at the highest under § 25.335(b) or found necessary dur-
speed obtainable with the normal speed ing the flight tests conducted under
control devices inoperative. § 25.253.
(d) Equipment containing high en- [Amdt. 25–23, 35 FR 5680, Apr. 8, 1970]
ergy rotors must be located where
rotor failure will neither endanger the § 25.1507 Maneuvering speed.
occupants nor adversely affect contin- The maneuvering speed must be es-
ued safe flight. tablished so that it does not exceed the
lhorne on DSKJLZT7X2PROD with CFR

[Amdt. 25–41, 42 FR 36971, July 18, 1977] design maneuvering speed VA deter-
mined under § 25.335(c).

363

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00373 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1511 14 CFR Ch. I (1–1–22 Edition)

§ 25.1511 Flap extended speed. to provide an optimum margin between


The established flap extended speed low and high speed buffet boundaries.
VFE must be established so that it does [Amdt. 25–141, 79 FR 73469, Dec. 11, 2014]
not exceed the design flap speed VF
chosen under §§ 25.335(e) and 25.345, for § 25.1519 Weight, center of gravity, and
the corresponding flap positions and weight distribution.
engine powers. The airplane weight, center of grav-
ity, and weight distribution limita-
§ 25.1513 Minimum control speed. tions determined under §§ 25.23 through
The minimum control speed VMC de- 25.27 must be established as operating
termined under § 25.149 must be estab- limitations.
lished as an operating limitation.
§ 25.1521 Powerplant limitations.
§ 25.1515 Landing gear speeds. (a) General. The powerplant limita-
(a) The established landing gear oper- tions prescribed in this section must be
ating speed or speeds, VLO, may not ex- established so that they do not exceed
ceed the speed at which it is safe both the corresponding limits for which the
to extend and to retract the landing engines or propellers are type certifi-
gear, as determined under § 25.729 or by cated and do not exceed the values on
flight characteristics. If the extension which compliance with any other re-
speed is not the same as the retraction quirement of this part is based.
speed, the two speeds must be des- (b) Reciprocating engine installations.
ignated as VLO(EXT) and VLO(RET), respec- Operating limitations relating to the
tively. following must be established for recip-
(b) The established landing gear ex- rocating engine installations:
tended speed VLE may not exceed the (1) Horsepower or torque, r.p.m.,
speed at which it is safe to fly with the manifold pressure, and time at critical
landing gear secured in the fully ex- pressure altitude and sea level pressure
tended position, and that determined altitude for—
under § 25.729. (i) Maximum continuous power (re-
lating to unsupercharged operation or
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–38, 41 FR 55468, Dec. 20,
to operation in each supercharger mode
1976] as applicable); and
(ii) Takeoff power (relating to unsu-
§ 25.1516 Other speed limitations. percharged operation or to operation in
Any other limitation associated with each supercharger mode as applicable).
speed must be established. (2) Fuel grade or specification.
(3) Cylinder head and oil tempera-
[Doc. No. 2000–8511, 66 FR 34024, June 26, 2001] tures.
(4) Any other parameter for which a
§ 25.1517 Rough air speed, VRA. limitation has been established as part
(a) A rough air speed, VRA, for use as of the engine type certificate except
the recommended turbulence penetra- that a limitation need not be estab-
tion airspeed, and a rough air Mach lished for a parameter that cannot be
number, MRA, for use as the rec- exceeded during normal operation due
ommended turbulence penetration to the design of the installation or to
Mach number, must be established. another established limitation.
VRA/MRA must be sufficiently less than (c) Turbine engine installations. Oper-
VMO/MMO to ensure that likely speed ating limitations relating to the fol-
variation during rough air encounters lowing must be established for turbine
will not cause the overspeed warning to engine installations:
operate too frequently. (1) Horsepower, torque or thrust,
(b) At altitudes where VMO is not lim- r.p.m., gas temperature, and time for—
ited by Mach number, in the absence of (i) Maximum continuous power or
a rational investigation substantiating thrust (relating to augmented or un-
the use of other values, VRA must be augmented operation as applicable).
less than VMO—35 KTAS. (ii) Takeoff power or thrust (relating
lhorne on DSKJLZT7X2PROD with CFR

(c) At altitudes where VMO is limited to augmented or unaugmented oper-


by Mach number, MRA may be chosen ation as applicable).

364

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00374 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1533

(2) Fuel designation or specification. certification and by the installed


(3) Maximum time interval between equipment.
engine run-ups from idle, run-up power
setting and duration at power for § 25.1527 Ambient air temperature and
ground operation in icing conditions, operating altitude.
as defined in § 25.1093(b)(2). The extremes of the ambient air tem-
(4) Any other parameter for which a perature and operating altitude for
limitation has been established as part which operation is allowed, as limited
of the engine type certificate except by flight, structural, powerplant, func-
that a limitation need not be estab- tional, or equipment characteristics,
lished for a parameter that cannot be must be established.
exceeded during normal operation due
[Doc. No. 2000–8511, 66 FR 34024, June 26, 2001]
to the design of the installation or to
another established limitation.
§ 25.1529 Instructions for Continued
(d) Ambient temperature. An ambient Airworthiness.
temperature limitation (including lim-
itations for winterization installations, The applicant must prepare Instruc-
if applicable) must be established as tions for Continued Airworthiness in
the maximum ambient atmospheric accordance with appendix H to this
temperature established in accordance part that are acceptable to the Admin-
with § 25.1043(b). istrator. The instructions may be in-
complete at type certification if a pro-
[Amdt. 25–72, 55 FR 29786, July 20, 1990, as gram exists to ensure their completion
amended by Amdt. 25–140, 79 FR 65528, Nov. 4, prior to delivery of the first airplane or
2014]
issuance of a standard certificate of
§ 25.1522 Auxiliary power unit limita- airworthiness, whichever occurs later.
tions. [Amdt. 25–54, 45 FR 60173, Sept. 11, 1980]
If an auxiliary power unit is installed
in the airplane, limitations established § 25.1531 Maneuvering flight load fac-
for the auxiliary power unit, including tors.
categories of operation, must be speci- Load factor limitations, not exceed-
fied as operating limitations for the ing the positive limit load factors de-
airplane. termined from the maneuvering dia-
[Amdt. 25–72, 55 FR 29786, July 20, 1990]
gram in § 25.333(b), must be established.

§ 25.1523 Minimum flight crew. § 25.1533 Additional operating limita-


tions.
The minimum flight crew must be es-
(a) Additional operating limitations
tablished so that it is sufficient for safe
must be established as follows:
operation, considering—
(1) The maximum takeoff weights
(a) The workload on individual crew-
must be established as the weights at
members;
which compliance is shown with the
(b) The accessibility and ease of oper-
applicable provisions of this part (in-
ation of necessary controls by the ap-
cluding the takeoff climb provisions of
propriate crewmember; and
§ 25.121(a) through (c), for altitudes and
(c) The kind of operation authorized
ambient temperatures).
under § 25.1525.
(2) The maximum landing weights
The criteria used in making the deter- must be established as the weights at
minations required by this section are which compliance is shown with the
set forth in appendix D. applicable provisions of this part (in-
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as cluding the landing and approach climb
amended by Amdt. 25–3, 30 FR 6067, Apr. 29, provisions of §§ 25.119 and 25.121(d) for
1965] altitudes and ambient temperatures).
(3) The minimum takeoff distances
§ 25.1525 Kinds of operation. must be established as the distances at
The kinds of operation to which the which compliance is shown with the
lhorne on DSKJLZT7X2PROD with CFR

airplane is limited are established by applicable provisions of this part (in-


the category in which it is eligible for cluding the provisions of §§ 25.109 and

365

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00375 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1535 14 CFR Ch. I (1–1–22 Edition)

25.113, for weights, altitudes, tempera- (b) Each marking and placard pre-
tures, wind components, runway sur- scribed in paragraph (a) of this sec-
face conditions (dry and wet), and run- tion—
way gradients) for smooth, hard-sur- (1) Must be displayed in a con-
faced runways. Additionally, at the op- spicuous place; and
tion of the applicant, wet runway take- (2) May not be easily erased, dis-
off distances may be established for figured, or obscured.
runway surfaces that have been
grooved or treated with a porous fric- § 25.1543 Instrument markings: gen-
tion course, and may be approved for eral.
use on runways where such surfaces For each instrument—
have been designed constructed, and (a) When markings are on the cover
maintained in a manner acceptable to glass of the instrument, there must be
the Administrator. means to maintain the correct align-
(b) The extremes for variable factors ment of the glass cover with the face of
(such as altitude, temperature, wind, the dial; and
and runway gradients) are those at (b) Each instrument marking must
which compliance with the applicable be clearly visible to the appropriate
provisions of this part is shown. crewmember.
(c) For airplanes certified in accord- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
ance with § 25.1420(a)(1) or (2), an oper- amended by Amdt. 25–72, 55 FR 29786, July 20,
ating limitation must be established 1990]
to:
(1) Prohibit intentional flight, in- § 25.1545 Airspeed limitation informa-
tion.
cluding takeoff and landing, into icing
conditions defined in Appendix O of The airspeed limitations required by
this part for which the airplane has not § 25.1583 (a) must be easily read and un-
been certified to safely operate; and derstood by the flight crew.
(2) Require exiting all icing condi-
§ 25.1547 Magnetic direction indicator.
tions if icing conditions defined in Ap-
pendix O of this part are encountered (a) A placard meeting the require-
for which the airplane has not been ments of this section must be installed
certified to safely operate. on, or near, the magnetic direction in-
dicator.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as (b) The placard must show the cali-
amended by Amdt. 25–38, 41 FR 55468, Dec. 20,
1976; Amdt. 25–72, 55 FR 29786, July 20, 1990;
bration of the instrument in level
Amdt. 25–92, 63 FR 8321, Feb. 18, 1998; Amdt. flight with the engines operating.
25–140, 79 FR 65528, Nov. 4, 2014] (c) The placard must state whether
the calibration was made with radio re-
§ 25.1535 ETOPS approval. ceivers on or off.
(d) Each calibration reading must be
Except as provided in § 25.3, each ap-
in terms of magnetic heading in not
plicant seeking ETOPS type design ap-
more than 45 degree increments.
proval must comply with the provi-
sions of Appendix K of this part. § 25.1549 Powerplant and auxiliary
[Doc. No. FAA–2002–6717, 72 FR 1873, Jan. 16, power unit instruments.
2007] For each required powerplant and
auxiliary power unit instrument, as ap-
MARKINGS AND PLACARDS propriate to the type of instrument—
(a) Each maximum and, if applicable,
§ 25.1541 General.
minimum safe operating limit must be
(a) The airplane must contain— marked with a red radial or a red line;
(1) The specified markings and plac- (b) Each normal operating range
ards; and must be marked with a green arc or
(2) Any additional information, in- green line, not extending beyond the
strument markings, and placards re- maximum and minimum safe limits;
quired for the safe operation if there (c) Each takeoff and precautionary
lhorne on DSKJLZT7X2PROD with CFR

are unusual design, operating, or han- range must be marked with a yellow
dling characteristics. arc or a yellow line; and

366

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00376 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1561

(d) Each engine, auxiliary power § 25.1557 Miscellaneous markings and


unit, or propeller speed range that is placards.
restricted because of excessive vibra- (a) Baggage and cargo compartments
tion stresses must be marked with red and ballast location. Each baggage and
arcs or red lines. cargo compartment, and each ballast
[Amdt. 25–40, 42 FR 15044, Mar. 17, 1977] location must have a placard stating
any limitations on contents, including
§ 25.1551 Oil quantity indication. weight, that are necessary under the
loading requirements. However,
Each oil quantity indicating means
underseat compartments designed for
must be marked to indicate the quan-
the storage of carry-on articles weigh-
tity of oil readily and accurately.
ing not more than 20 pounds need not
[Amdt. 25–72, 55 FR 29786, July 20, 1990] have a loading limitation placard.
(b) Powerplant fluid filler openings.
§ 25.1553 Fuel quantity indicator. The following apply:
If the unusable fuel supply for any (1) Fuel filler openings must be
tank exceeds one gallon, or five per- marked at or near the filler cover
cent of the tank capacity, whichever is with—
greater, a red arc must be marked on (i) The word ‘‘fuel’’;
its indicator extending from the cali- (ii) For reciprocating engine powered
brated zero reading to the lowest read- airplanes, the minimum fuel grade;
ing obtainable in level flight. (iii) For turbine engine powered air-
planes, the permissible fuel designa-
§ 25.1555 Control markings. tions; and
(iv) For pressure fueling systems, the
(a) Each cockpit control, other than
maximum permissible fueling supply
primary flight controls and controls
pressure and the maximum permissible
whose function is obvious, must be
defueling pressure.
plainly marked as to its function and
(2) Oil filler openings must be
method of operation.
marked at or near the filler cover with
(b) Each aerodynamic control must the word ‘‘oil’’.
be marked under the requirements of (3) Augmentation fluid filler open-
§§ 25.677 and 25.699. ings must be marked at or near the
(c) For powerplant fuel controls— filler cover to identify the required
(1) Each fuel tank selector control fluid.
must be marked to indicate the posi- (c) Emergency exit placards. Each
tion corresponding to each tank and to emergency exit placard must meet the
each existing cross feed position; requirements of § 25.811.
(2) If safe operation requires the use (d) Doors. Each door that must be
of any tanks in a specific sequence, used in order to reach any required
that sequence must be marked on, or emergency exit must have a suitable
adjacent to, the selector for those placard stating that the door is to be
tanks; and latched in the open position during
(3) Each valve control for each engine takeoff and landing.
must be marked to indicate the posi-
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
tion corresponding to each engine con- amended by Amdt. 25–32, 37 FR 3972, Feb. 24,
trolled. 1972; Amdt. 25–38, 41 FR 55468, Dec. 20, 1976;
(d) For accessory, auxiliary, and Amdt. 25–72, 55 FR 29786, July 20, 1990]
emergency controls—
(1) Each emergency control (includ- § 25.1561 Safety equipment.
ing each fuel jettisoning and fluid shut- (a) Each safety equipment control to
off must be colored red; and be operated by the crew in emergency,
(2) Each visual indicator required by such as controls for automatic liferaft
§ 25.729(e) must be marked so that the releases, must be plainly marked as to
pilot can determine at any time when its method of operation.
the wheels are locked in either extreme (b) Each location, such as a locker or
lhorne on DSKJLZT7X2PROD with CFR

position, if retractable landing gear is compartment, that carries any fire ex-
used. tinguishing, signaling, or other life

367

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00377 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1563 14 CFR Ch. I (1–1–22 Edition)

saving equipment must be marked ac- § 25.1583 Operating limitations.


cordingly.
(a) Airspeed limitations. The following
(c) Stowage provisions for required airspeed limitations and any other air-
emergency equipment must be con- speed limitations necessary for safe op-
spicuously marked to identify the con- eration must be furnished:
tents and facilitate the easy removal of (1) The maximum operating limit
the equipment. speed VMO/MMO and a statement that
(d) Each liferaft must have obviously this speed limit may not be delib-
marked operating instructions. erately exceeded in any regime of
(e) Approved survival equipment flight (climb, cruise, or descent) unless
must be marked for identification and a higher speed is authorized for flight
method of operation. test or pilot training.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as (2) If an airspeed limitation is based
amended by Amdt. 25–46, 43 FR 50598, Oct. 30, upon compressibility effects, a state-
1978] ment to this effect and information as
to any symptoms, the probable behav-
§ 25.1563 Airspeed placard. ior of the airplane, and the rec-
A placard showing the maximum air- ommended recovery procedures.
speeds for flap extension for the take- (3) The maneuvering speed estab-
off, approach, and landing positions lished under § 25.1507 and statements,
must be installed in clear view of each as applicable to the particular design,
pilot. explaining that:
(i) Full application of pitch, roll, or
AIRPLANE FLIGHT MANUAL yaw controls should be confined to
speeds below the maneuvering speed;
§ 25.1581 General. and
(ii) Rapid and large alternating con-
(a) Furnishing information. An Air-
trol inputs, especially in combination
plane Flight Manual must be furnished
with large changes in pitch, roll, or
with each airplane, and it must contain
yaw, and full control inputs in more
the following:
than one axis at the same time, should
(1) Information required by §§ 25.1583
be avoided as they may result in struc-
through 25.1587.
tural failures at any speed, including
(2) Other information that is nec- below the maneuvering speed.
essary for safe operation because of de- (4) The flap extended speed VFE and
sign, operating, or handling character- the pertinent flap positions and engine
istics. powers.
(3) Any limitation, procedure, or (5) The landing gear operating speed
other information established as a con- or speeds, and a statement explaining
dition of compliance with the applica- the speeds as defined in § 25.1515(a).
ble noise standards of part 36 of this (6) The landing gear extended speed
chapter. VLE, if greater than VLO, and a state-
(b) Approved information. Each part of ment that this is the maximum speed
the manual listed in §§ 25.1583 through at which the airplane can be safely
25.1587, that is appropriate to the air- flown with the landing gear extended.
plane, must be furnished, verified, and (b) Powerplant limitations. The fol-
approved, and must be segregated, lowing information must be furnished:
identified, and clearly distinguished (1) Limitations required by § 25.1521
from each unapproved part of that and § 25.1522.
manual. (2) Explanation of the limitations,
(c) [Reserved] when appropriate.
(d) Each Airplane Flight Manual (3) Information necessary for mark-
must include a table of contents if the ing the instruments required by
complexity of the manual indicates a §§ 25.1549 through 25.1553.
need for it. (c) Weight and loading distribution.
The weight and center of gravity limi-
lhorne on DSKJLZT7X2PROD with CFR

[Amdt. 25–42, 43 FR 2323, Jan. 16, 1978, as


amended by Amdt. 25–72, 55 FR 29786, July 20, tations established under § 25.1519 must
1990] be furnished in the Airplane Flight

368

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00378 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1587

Manual. All of the following informa- involving the use of special systems or
tion, including the weight distribution the alternative use of regular systems;
limitations established under § 25.1519, and
must be presented either in the Air- (3) Emergency procedures for foresee-
plane Flight Manual or in a separate able but unusual situations in which
weight and balance control and loading immediate and precise action by the
document that is incorporated by ref- crew may be expected to substantially
erence in the Airplane Flight Manual: reduce the risk of catastrophe.
(1) The condition of the airplane and (b) Information or procedures not di-
the items included in the empty weight rectly related to airworthiness or not
as defined in accordance with § 25.29. under the control of the crew, must not
(2) Loading instructions necessary to be included, nor must any procedure
ensure loading of the airplane within that is accepted as basic airmanship.
the weight and center of gravity limits, (c) Information identifying each op-
and to maintain the loading within erating condition in which the fuel sys-
these limits in flight. tem independence prescribed in § 25.953
(3) If certification for more than one is necessary for safety must be fur-
center of gravity range is requested, nished, together with instructions for
the appropriate limitations, with re- placing the fuel system in a configura-
gard to weight and loading procedures, tion used to show compliance with that
for each separate center of gravity section.
range. (d) The buffet onset envelopes, deter-
(d) Flight crew. The number and func- mined under § 25.251 must be furnished.
tions of the minimum flight crew de- The buffet onset envelopes presented
termined under § 25.1523 must be fur- may reflect the center of gravity at
nished. which the airplane is normally loaded
(e) Kinds of operation. The kinds of during cruise if corrections for the ef-
operation approved under § 25.1525 must fect of different center of gravity loca-
be furnished. tions are furnished.
(e) Information must be furnished
(f) Ambient air temperatures and oper-
that indicates that when the fuel quan-
ating altitudes. The extremes of the am-
tity indicator reads ‘‘zero’’ in level
bient air temperatures and operating
flight, any fuel remaining in the fuel
altitudes established under § 25.1527
tank cannot be used safely in flight.
must be furnished.
(f) Information on the total quantity
(g) [Reserved]
of usable fuel for each fuel tank must
(h) Additional operating limitations.
be furnished.
The operating limitations established
under § 25.1533 must be furnished. [Doc. No. 2000–8511, 66 FR 34024, June 26, 2001]
(i) Maneuvering flight load factors. The
positive maneuvering limit load fac- § 25.1587 Performance information.
tors for which the structure is proven, (a) Each Airplane Flight Manual
described in terms of accelerations, must contain information to permit
must be furnished. conversion of the indicated tempera-
ture to free air temperature if other
[Doc. No. 5066, 29 FR 1891, Dec. 24, 1964, as
amended by Amdt. 25–38, 41 FR 55468, Dec. 20,
than a free air temperature indicator is
1976; Amdt. 25–42, 43 FR 2323, Jan. 16, 1978; used to comply with the requirements
Amdt. 25–46, 43 FR 50598, Oct. 30, 1978; Amdt. of § 25.1303(a)(1).
25–72, 55 FR 29787, July 20, 1990; Amdt. 25–105, (b) Each Airplane Flight Manual
66 FR 34024, June 26, 2001; 75 FR 49818, Aug. must contain the performance informa-
16, 2010] tion computed under the applicable
provisions of this part (including
§ 25.1585 Operating procedures. §§ 25.115, 25.123, and 25.125 for the
(a) Operating procedures must be fur- weights, altitudes, temperatures, wind
nished for— components, and runway gradients, as
(1) Normal procedures peculiar to the applicable) within the operational lim-
particular type or model encountered its of the airplane, and must contain
in connection with routine operations; the following:
lhorne on DSKJLZT7X2PROD with CFR

(2) Non-normal procedures for mal- (1) In each case, the conditions of
function cases and failure conditions power, configuration, and speeds, and

369

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00379 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1701 14 CFR Ch. I (1–1–22 Edition)

the procedures for handling the air- contactors, terminal blocks and circuit
plane and any system having a signifi- breakers, and other circuit protection
cant effect on the performance infor- devices.
mation. (4) Connectors, including feed-
(2) VSR determined in accordance through connectors.
with § 25.103. (5) Connector accessories.
(3) The following performance infor- (6) Electrical grounding and bonding
mation (determined by extrapolation devices and their associated connec-
and computed for the range of weights tions.
between the maximum landing weight (7) Electrical splices.
and the maximum takeoff weight): (8) Materials used to provide addi-
(i) Climb in the landing configura- tional protection for wires, including
tion. wire insulation, wire sleeving, and con-
(ii) Climb in the approach configura- duits that have electrical termination
tion. for the purpose of bonding.
(iii) Landing distance. (9) Shields or braids.
(4) Procedures established under (10) Clamps and other devices used to
§ 25.101(f) and (g) that are related to the route and support the wire bundle.
limitations and information required (11) Cable tie devices.
by § 25.1533 and by this paragraph (b) in (12) Labels or other means of identi-
the form of guidance material, includ- fication.
ing any relevant limitations or infor- (13) Pressure seals.
mation. (14) EWIS components inside shelves,
(5) An explanation of significant or panels, racks, junction boxes, distribu-
unusual flight or ground handling char- tion panels, and back-planes of equip-
acteristics of the airplane. ment racks, including, but not limited
(6) Corrections to indicated values of to, circuit board back-planes, wire in-
airspeed, altitude, and outside air tem- tegration units, and external wiring of
perature. equipment.
(7) An explanation of operational (b) Except for the equipment indi-
landing runway length factors included cated in paragraph (a)(14) of this sec-
in the presentation of the landing dis- tion, EWIS components inside the fol-
tance, if appropriate.
lowing equipment, and the external
[Doc. No. 2000–8511, 66 FR 34024, June 26, 2001, connectors that are part of that equip-
as amended by Amdt. 25–108, 67 FR 70828, ment, are excluded from the definition
Nov. 26, 2002] in paragraph (a) of this section:
(1) Electrical equipment or avionics
Subpart H—Electrical Wiring that are qualified to environmental
Interconnection Systems (EWIS) conditions and testing procedures when
those conditions and procedures are—
SOURCE: Docket No. FAA–2004–18379, 72 FR (i) Appropriate for the intended func-
63406, Nov. 8, 2007, unless otherwise noted. tion and operating environment, and
(ii) Acceptable to the FAA.
§ 25.1701 Definition. (2) Portable electrical devices that
(a) As used in this chapter, electrical are not part of the type design of the
wiring interconnection system (EWIS) airplane. This includes personal enter-
means any wire, wiring device, or com- tainment devices and laptop com-
bination of these, including termi- puters.
nation devices, installed in any area of (3) Fiber optics.
the airplane for the purpose of trans-
mitting electrical energy, including § 25.1703 Function and installation:
data and signals, between two or more EWIS.
intended termination points. This in- (a) Each EWIS component installed
cludes: in any area of the aircraft must:
(1) Wires and cables. (1) Be of a kind and design appro-
(2) Bus bars. priate to its intended function.
(3) The termination point on elec- (2) Be installed according to limita-
lhorne on DSKJLZT7X2PROD with CFR

trical devices, including those on re- tions specified for the EWIS compo-
lays, interrupters, switches, nents.

370

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00380 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1707

(3) Perform the function for which it § 25.1707 System separation: EWIS.
was intended without degrading the
(a) Each EWIS must be designed and
airworthiness of the airplane.
installed with adequate physical sepa-
(4) Be designed and installed in a way ration from other EWIS and airplane
that will minimize mechanical strain. systems so that an EWIS component
(b) Selection of wires must take into failure will not create a hazardous con-
account known characteristics of the dition. Unless otherwise stated, for the
wire in relation to each installation purposes of this section, adequate
and application to minimize the risk of physical separation must be achieved
wire damage, including any arc track- by separation distance or by a barrier
ing phenomena. that provides protection equivalent to
(c) The design and installation of the that separation distance.
main power cables (including generator (b) Each EWIS must be designed and
cables) in the fuselage must allow for a installed so that any electrical inter-
reasonable degree of deformation and ference likely to be present in the air-
stretching without failure. plane will not result in hazardous ef-
(d) EWIS components located in fects upon the airplane or its systems.
areas of known moisture accumulation (c) Wires and cables carrying heavy
must be protected to minimize any current, and their associated EWIS
hazardous effects due to moisture. components, must be designed and in-
§ 25.1705 Systems and functions: EWIS. stalled to ensure adequate physical
separation and electrical isolation so
(a) EWIS associated with any system that damage to circuits associated
required for type certification or by op- with essential functions will be mini-
erating rules must be considered an in- mized under fault conditions.
tegral part of that system and must be (d) Each EWIS associated with inde-
considered in showing compliance with pendent airplane power sources or
the applicable requirements for that power sources connected in combina-
system. tion must be designed and installed to
(b) For systems to which the fol- ensure adequate physical separation
lowing rules apply, the components of and electrical isolation so that a fault
EWIS associated with those systems in any one airplane power source EWIS
must be considered an integral part of will not adversely affect any other
that system or systems and must be independent power sources. In addition:
considered in showing compliance with (1) Airplane independent electrical
the applicable requirements for that power sources must not share a com-
system. mon ground terminating location.
(1) § 25.773(b)(2) Pilot compartment (2) Airplane system static grounds
view. must not share a common ground ter-
(2) § 25.981 Fuel tank ignition pre- minating location with any of the air-
vention. plane’s independent electrical power
(3) § 25.1165 Engine ignition systems. sources.
(4) § 25.1310 Power source capacity (e) Except to the extent necessary to
and distribution. provide electrical connection to the
(5) § 25.1316 System lightning protec- fuel systems components, the EWIS
tion. must be designed and installed with
(6) § 25.1331(a)(2) Instruments using a adequate physical separation from fuel
power supply. lines and other fuel system compo-
(7) § 25.1351 General. nents, so that:
(8) § 25.1355 Distribution system. (1) An EWIS component failure will
(9) § 25.1360 Precautions against in- not create a hazardous condition.
jury. (2) Any fuel leakage onto EWIS com-
(10) § 25.1362 Electrical supplies for ponents will not create a hazardous
emergency conditions. condition.
(11) § 25.1365 Electrical appliances, (f) Except to the extent necessary to
motors, and transformers. provide electrical connection to the
lhorne on DSKJLZT7X2PROD with CFR

(12) § 25.1431(c) and (d) Electronic hydraulic systems components, EWIS


equipment. must be designed and installed with

371

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00381 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1709 14 CFR Ch. I (1–1–22 Edition)

adequate physical separation from hy- those systems must be designed and in-
draulic lines and other hydraulic sys- stalled with adequate physical separa-
tem components, so that: tion.
(1) An EWIS component failure will (l) Each EWIS must be designed and
not create a hazardous condition. installed so there is adequate physical
(2) Any hydraulic fluid leakage onto separation between it and other air-
EWIS components will not create a craft components and aircraft struc-
hazardous condition. ture, and so that the EWIS is protected
(g) Except to the extent necessary to from sharp edges and corners, to mini-
provide electrical connection to the ox- mize potential for abrasion/chafing, vi-
ygen systems components, EWIS must bration damage, and other types of me-
be designed and installed with ade- chanical damage.
quate physical separation from oxygen
lines and other oxygen system compo- § 25.1709 System safety: EWIS.
nents, so that an EWIS component fail- Each EWIS must be designed and in-
ure will not create a hazardous condi- stalled so that:
tion. (a) Each catastrophic failure condi-
(h) Except to the extent necessary to tion—
provide electrical connection to the (1) Is extremely improbable; and
water/waste systems components,
(2) Does not result from a single fail-
EWIS must be designed and installed
ure.
with adequate physical separation from
water/waste lines and other water/ (b) Each hazardous failure condition
waste system components, so that: is extremely remote.
(1) An EWIS component failure will § 25.1711 Component identification:
not create a hazardous condition. EWIS.
(2) Any water/waste leakage onto
EWIS components will not create a (a) EWIS components must be labeled
hazardous condition. or otherwise identified using a con-
(i) EWIS must be designed and in- sistent method that facilitates identi-
stalled with adequate physical separa- fication of the EWIS component, its
tion between the EWIS and flight or function, and its design limitations, if
other mechanical control systems ca- any.
bles and associated system compo- (b) For systems for which redundancy
nents, so that: is required, by certification rules, by
(1) Chafing, jamming, or other inter- operating rules, or as a result of the as-
ference are prevented. sessment required by § 25.1709, EWIS
(2) An EWIS component failure will components associated with those sys-
not create a hazardous condition. tems must be specifically identified
(3) Failure of any flight or other me- with component part number, function,
chanical control systems cables or sys- and separation requirement for bun-
tems components will not damage the dles.
EWIS and create a hazardous condi- (1) The identification must be placed
tion. along the wire, cable, or wire bundle at
(j) EWIS must be designed and in- appropriate intervals and in areas of
stalled with adequate physical separa- the airplane where it is readily visible
tion between the EWIS components to maintenance, repair, or alteration
and heated equipment, hot air ducts, personnel.
and lines, so that: (2) If an EWIS component cannot be
(1) An EWIS component failure will marked physically, then other means
not create a hazardous condition. of identification must be provided.
(2) Any hot air leakage or heat gen- (c) The identifying markings re-
erated onto EWIS components will not quired by paragraphs (a) and (b) of this
create a hazardous condition. section must remain legible through-
(k) For systems for which redun- out the expected service life of the
dancy is required, by certification EWIS component.
rules, by operating rules, or as a result (d) The means used for identifying
lhorne on DSKJLZT7X2PROD with CFR

of the assessment required by § 25.1709, each EWIS component as required by


EWIS components associated with this section must not have an adverse

372

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00382 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 25.1727

effect on the performance of that com- § 25.1721 Protection of EWIS.


ponent throughout its expected service (a) No cargo or baggage compartment
life. may contain any EWIS whose damage
(e) Identification for EWIS modifica- or failure may affect safe operation,
tions to the type design must be con- unless the EWIS is protected so that:
sistent with the identification scheme (1) It cannot be damaged by move-
of the original type design. ment of cargo or baggage in the com-
§ 25.1713 Fire protection: EWIS. partment.
(2) Its breakage or failure will not
(a) All EWIS components must meet create a fire hazard.
the applicable fire and smoke protec- (b) EWIS must be designed and in-
tion requirements of § 25.831(c) of this stalled to minimize damage and risk of
part. damage to EWIS by movement of peo-
(b) EWIS components that are lo- ple in the airplane during all phases of
cated in designated fire zones and are flight, maintenance, and servicing.
used during emergency procedures (c) EWIS must be designed and in-
must be fire resistant. stalled to minimize damage and risk of
(c) Insulation on electrical wire and damage to EWIS by items carried onto
electrical cable, and materials used to the aircraft by passengers or cabin
provide additional protection for the crew.
wire and cable, installed in any area of
the airplane, must be self-extin- § 25.1723 Flammable fluid fire protec-
guishing when tested in accordance tion: EWIS.
with the applicable portions of Appen- EWIS components located in each
dix F, part I, of 14 CFR part 25. area where flammable fluid or vapors
might escape by leakage of a fluid sys-
§ 25.1715 Electrical bonding and pro- tem must be considered a potential ig-
tection against static electricity: nition source and must meet the re-
EWIS. quirements of § 25.863.
(a) EWIS components used for elec-
trical bonding and protection against § 25.1725 Powerplants: EWIS.
static electricity must meet the re- (a) EWIS associated with any power-
quirements of § 25.899. plant must be designed and installed so
(b) On airplanes having grounded that the failure of an EWIS component
electrical systems, electrical bonding will not prevent the continued safe op-
provided by EWIS components must eration of the remaining powerplants
provide an electrical return path capa- or require immediate action by any
ble of carrying both normal and fault crewmember for continued safe oper-
currents without creating a shock haz- ation, in accordance with the require-
ard or damage to the EWIS compo- ments of § 25.903(b).
nents, other airplane system compo- (b) Design precautions must be taken
nents, or airplane structure. to minimize hazards to the airplane
due to EWIS damage in the event of a
§ 25.1717 Circuit protective devices: powerplant rotor failure or a fire origi-
EWIS. nating within the powerplant that
Electrical wires and cables must be burns through the powerplant case, in
designed and installed so they are com- accordance with the requirements of
patible with the circuit protection de- § 25.903(d)(1).
vices required by § 25.1357, so that a fire
or smoke hazard cannot be created § 25.1727 Flammable fluid shutoff
under temporary or continuous fault means: EWIS.
conditions. EWIS associated with each flam-
mable fluid shutoff means and control
§ 25.1719 Accessibility provisions: must be fireproof or must be located
EWIS. and protected so that any fire in a fire
Access must be provided to allow in- zone will not affect operation of the
spection and replacement of any EWIS flammable fluid shutoff means, in ac-
lhorne on DSKJLZT7X2PROD with CFR

component as necessary for continued cordance with the requirements of


airworthiness. § 25.1189.

373

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00383 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 25.1729 14 CFR Ch. I (1–1–22 Edition)

§ 25.1729 Instructions for Continued must meet the requirements of


Airworthiness: EWIS. § 25.1203.
The applicant must prepare Instruc-
tions for Continued Airworthiness ap- § 25.1733 Fire detector systems, gen-
eral: EWIS.
plicable to EWIS in accordance with
Appendix H sections H25.4 and H25.5 to EWIS associated with any installed
this part that are approved by the fire protection system, including those
FAA. required by §§ 25.854 and 25.858, must be
considered an integral part of the sys-
§ 25.1731 Powerplant and APU fire de- tem in showing compliance with the
tector system: EWIS. applicable requirements for that sys-
(a) EWIS that are part of each fire or tem.
overheat detector system in a fire zone
must be fire-resistant. Subpart I—Special Federal
(b) No EWIS component of any fire or Aviation Regulations
overheat detector system for any fire
zone may pass through another fire
zone, unless: SOURCE: Docket No. FAA–2011–0186, Amdt.
(1) It is protected against the possi- 25–133, 76 FR 12555, Mar. 8, 2011, unless other-
wise noted.
bility of false warnings resulting from
fires in zones through which it passes; § 25.1801 SFAR No. 111—Lavatory Oxy-
or gen Systems.
(2) Each zone involved is simulta-
neously protected by the same detector The requirements of § 121.1500 of this
and extinguishing system. chapter also apply to this part.
(c) EWIS that are part of each fire or
overheat detector system in a fire zone
lhorne on DSKJLZT7X2PROD with CFR

374

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00384 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. A

APPENDIX A TO PART 25
lhorne on DSKJLZT7X2PROD with CFR

375
EC28SE91.050</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00385 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Pt. 25, App. A 14 CFR Ch. I (1–1–22 Edition)
lhorne on DSKJLZT7X2PROD with CFR

376
EC28SE91.051</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00386 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. A
lhorne on DSKJLZT7X2PROD with CFR

377
EC28SE91.052</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00387 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Pt. 25, App. A 14 CFR Ch. I (1–1–22 Edition)
lhorne on DSKJLZT7X2PROD with CFR

378
EC28SE91.053</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00388 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. A
lhorne on DSKJLZT7X2PROD with CFR

379
EC28SE91.054</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00389 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Pt. 25, App. B 14 CFR Ch. I (1–1–22 Edition)

APPENDIX B TO PART 25
lhorne on DSKJLZT7X2PROD with CFR

380
EC28SE91.055</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00390 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. B
lhorne on DSKJLZT7X2PROD with CFR

381
EC28SE91.056</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00391 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Pt. 25, App. C 14 CFR Ch. I (1–1–22 Edition)

APPENDIX C TO PART 25 by the appropriate factor from figure 3 of


this appendix.
Part I—Atmospheric Icing Conditions (b) Intermittent maximum icing. The inter-
mittent maximum intensity of atmospheric
(a) Continuous maximum icing. The max- icing conditions (intermittent maximum
imum continuous intensity of atmospheric icing) is defined by the variables of the cloud
icing conditions (continuous maximum liquid water content, the mean effective di-
icing) is defined by the variables of the cloud ameter of the cloud droplets, the ambient air
liquid water content, the mean effective di- temperature, and the interrelationship of
ameter of the cloud droplets, the ambient air these three variables as shown in figure 4 of
temperature, and the interrelationship of this appendix. The limiting icing envelope in
these three variables as shown in figure 1 of terms of altitude and temperature is given in
this appendix. The limiting icing envelope in figure 5 of this appendix. The inter-relation-
terms of altitude and temperature is given in ship of cloud liquid water content with drop
figure 2 of this appendix. The inter-relation- diameter and altitude is determined from
ship of cloud liquid water content with drop figures 4 and 5. The cloud liquid water con-
diameter and altitude is determined from tent for intermittent maximum icing condi-
figures 1 and 2. The cloud liquid water con- tions of a horizontal extent, other than 2.6
tent for continuous maximum icing condi- nautical miles, is determined by the value of
tions of a horizontal extent, other than 17.4 cloud liquid water content of figure 4 multi-
nautical miles, is determined by the value of plied by the appropriate factor in figure 6 of
liquid water content of figure 1, multiplied this appendix.
lhorne on DSKJLZT7X2PROD with CFR

382
EC28SE91.057</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00392 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. C
lhorne on DSKJLZT7X2PROD with CFR

383
EC28SE91.058</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00393 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Pt. 25, App. C 14 CFR Ch. I (1–1–22 Edition)
lhorne on DSKJLZT7X2PROD with CFR

384
EC28SE91.059</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00394 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. C
lhorne on DSKJLZT7X2PROD with CFR

385
EC28SE91.060</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00395 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Pt. 25, App. C 14 CFR Ch. I (1–1–22 Edition)
lhorne on DSKJLZT7X2PROD with CFR

386
EC28SE91.061</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00396 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. C
lhorne on DSKJLZT7X2PROD with CFR

387
EC28SE91.062</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00397 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Pt. 25, App. C 14 CFR Ch. I (1–1–22 Edition)

(c) Takeoff maximum icing. The maximum temperature at ground level of minus 9 de-
intensity of atmospheric icing conditions for grees Celsius (¥9 °C). The takeoff maximum
takeoff (takeoff maximum icing) is defined icing conditions extend from ground level to
by the cloud liquid water content of 0.35 g/
lhorne on DSKJLZT7X2PROD with CFR

a height of 1,500 feet above the level of the


m3, the mean effective diameter of the cloud takeoff surface.
droplets of 20 microns, and the ambient air

388
EC28SE91.063</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00398 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. D
Part II—Airframe Ice Accretions for Showing (b) In order to reduce the number of ice ac-
Compliance With Subpart B. cretions to be considered when dem-
onstrating compliance with the require-
(a) Ice accretions—General. The most crit- ments of § 25.21(g), any of the ice accretions
ical ice accretion in terms of airplane per- defined in paragraph (a) of this section may
formance and handling qualities for each be used for any other flight phase if it is
flight phase must be used to show compli- shown to be more critical than the specific
ance with the applicable airplane perform- ice accretion defined for that flight phase.
ance and handling requirements in icing con- Configuration differences and their effects
ditions of subpart B of this part. Applicants on ice accretions must be taken into ac-
must demonstrate that the full range of at- count.
mospheric icing conditions specified in part I (c) The ice accretion that has the most ad-
of this appendix have been considered, in- verse effect on handling qualities may be
cluding the mean effective drop diameter, used for airplane performance tests provided
liquid water content, and temperature appro- any difference in performance is conserv-
priate to the flight conditions (for example, atively taken into account.
configuration, speed, angle-of-attack, and al- (d) For both unprotected and protected
titude). The ice accretions for each flight parts, the ice accretion for the takeoff phase
phase are defined as follows: may be determined by calculation, assuming
(1) Takeoff ice is the most critical ice accre- the takeoff maximum icing conditions de-
tion on unprotected surfaces and any ice ac- fined in appendix C, and assuming that:
cretion on the protected surfaces appropriate (1) Airfoils, control surfaces and, if appli-
to normal ice protection system operation, cable, propellers are free from frost, snow, or
occurring between the end of the takeoff dis- ice at the start of the takeoff;
tance and 400 feet above the takeoff surface, (2) The ice accretion starts at the end of
assuming accretion starts at the end of the the takeoff distance.
takeoff distance in the takeoff maximum (3) The critical ratio of thrust/power-to-
icing conditions defined in part I of this Ap- weight;
pendix. (4) Failure of the critical engine occurs at
(2) Final takeoff ice is the most critical ice VEF; and
accretion on unprotected surfaces, and any (5) Crew activation of the ice protection
ice accretion on the protected surfaces ap- system is in accordance with a normal oper-
propriate to normal ice protection system ating procedure provided in the Airplane
operation, between 400 feet and either 1,500 Flight Manual, except that after beginning
feet above the takeoff surface, or the height the takeoff roll, it must be assumed that the
at which the transition from the takeoff to crew takes no action to activate the ice pro-
the en route configuration is completed and tection system until the airplane is at least
VFTO is reached, whichever is higher. Ice ac- 400 feet above the takeoff surface.
cretion is assumed to start at the end of the (e) The ice accretion before the ice protec-
takeoff distance in the takeoff maximum tion system has been activated and is per-
icing conditions of part I, paragraph (c) of forming its intended function is the critical
this Appendix. ice accretion formed on the unprotected and
(3) En route ice is the critical ice accretion normally protected surfaces before activa-
on the unprotected surfaces, and any ice ac- tion and effective operation of the ice pro-
cretion on the protected surfaces appropriate tection system in continuous maximum at-
to normal ice protection system operation, mospheric icing conditions. This ice accre-
during the en route phase. tion only applies in showing compliance to
(4) Holding ice is the critical ice accretion §§ 25.143(j) and 25.207(h), and 25.207(i).
on the unprotected surfaces, and any ice ac-
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
cretion on the protected surfaces appropriate
amended by Amdt. 25–121, 72 FR 44669, Aug. 8,
to normal ice protection system operation,
2007; 72 FR 50467, Aug. 31, 2007; Amdt. 25–129,
during the holding flight phase.
74 FR 38340, Aug. 3, 2009; Amdt. 25–140, 79 FR
(5) Approach ice is the critical ice accretion 65528, Nov. 4, 2014]
on the unprotected surfaces, and any ice ac-
cretion on the protected surfaces appropriate APPENDIX D TO PART 25
to normal ice protection system operation
following exit from the holding flight phase Criteria for determining minimum flight crew.
and transition to the most critical approach The following are considered by the Agency
configuration. in determining the minimum flight crew
(6) Landing ice is the critical ice accretion under § 25.1523:
on the unprotected surfaces, and any ice ac- (a) Basic workload functions. The following
cretion on the protected surfaces appropriate basic workload functions are considered:
to normal ice protection system operation (1) Flight path control.
lhorne on DSKJLZT7X2PROD with CFR

following exit from the approach flight phase (2) Collision avoidance.
and transition to the final landing configura- (3) Navigation.
tion. (4) Communications.

389

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00399 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. E 14 CFR Ch. I (1–1–22 Edition)
(5) Operation and monitoring of aircraft that each airplane certificated under this
engines and systems. Part will operate under IFR conditions.
(6) Command decisions. [Amdt. 25–3, 30 FR 6067, Apr. 29, 1965]
(b) Workload factors. The following work-
load factors are considered significant when APPENDIX E TO PART 25
analyzing and demonstrating workload for
minimum flight crew determination: I—Limited Weight Credit For Airplanes
(1) The accessibility, ease, and simplicity Equipped With Standby Power
of operation of all necessary flight, power, (a) Each applicant for an increase in the
and equipment controls, including emer- maximum certificated takeoff and landing
gency fuel shutoff valves, electrical controls, weights of an airplane equipped with a type-
electronic controls, pressurization system certificated standby power rocket engine
controls, and engine controls. may obtain an increase as specified in para-
(2) The accessibility and conspicuity of all graph (b) if—
necessary instruments and failure warning (1) The installation of the rocket engine
devices such as fire warning, electrical sys- has been approved and it has been estab-
tem malfunction, and other failure or cau- lished by flight test that the rocket engine
tion indicators. The extent to which such in- and its controls can be operated safely and
struments or devices direct the proper cor- reliably at the increase in maximum weight;
rective action is also considered. and
(3) The number, urgency, and complexity (2) The Airplane Flight Manual, or the
of operating procedures with particular con- placard, markings or manuals required in
sideration given to the specific fuel manage- place thereof, set forth in addition to any
ment schedule imposed by center of gravity, other operating limitations the Adminis-
structural or other considerations of an air- trator may require, the increased weight ap-
worthiness nature, and to the ability of each proved under this regulation and a prohibi-
engine to operate at all times from a single tion against the operation of the airplane at
tank or source which is automatically re- the approved increased weight when—
plenished if fuel is also stored in other tanks. (i) The installed standby power rocket en-
(4) The degree and duration of con- gines have been stored or installed in excess
centrated mental and physical effort in- of the time limit established by the manu-
volved in normal operation and in diagnosing facturer of the rocket engine (usually sten-
and coping with malfunctions and emer- ciled on the engine casing); or
gencies. (ii) The rocket engine fuel has been ex-
pended or discharged.
(5) The extent of required monitoring of
(b) The currently approved maximum take-
the fuel, hydraulic, pressurization, elec-
off and landing weights at which an airplane
trical, electronic, deicing, and other systems
is certificated without a standby power rock-
while en route.
et engine installation may be increased by
(6) The actions requiring a crewmember to an amount that does not exceed any of the
be unavailable at his assigned duty station, following:
including: observation of systems, emer- (1) An amount equal in pounds to 0.014 IN,
gency operation of any control, and emer- where I is the maximum usable impulse in
gencies in any compartment. pounds-seconds available from each standby
(7) The degree of automation provided in power rocket engine and N is the number of
the aircraft systems to afford (after failures rocket engines installed.
or malfunctions) automatic crossover or iso- (2) An amount equal to 5 percent of the
lation of difficulties to minimize the need for maximum certificated weight approved in
flight crew action to guard against loss of accordance with the applicable airworthiness
hydraulic or electric power to flight controls regulations without standby power rocket
or to other essential systems. engines installed.
(8) The communications and navigation (3) An amount equal to the weight of the
workload. rocket engine installation.
(9) The possibility of increased workload (4) An amount that, together with the cur-
associated with any emergency that may rently approved maximum weight, would
lead to other emergencies. equal the maximum structural weight estab-
(10) Incapacitation of a flight crewmember lished for the airplane without standby rock-
whenever the applicable operating rule re- et engines installed.
quires a minimum flight crew of at least two
pilots. II—Performance Credit for Transport Category
Airplanes Equipped With Standby Power
(c) Kind of operation authorized. The deter-
mination of the kind of operation authorized The Administrator may grant performance
requires consideration of the operating rules credit for the use of standby power on trans-
lhorne on DSKJLZT7X2PROD with CFR

under which the airplane will be operated. port category airplanes. However, the per-
Unless an applicant desires approval for a formance credit applies only to the max-
more limited kind of operation. It is assumed imum certificated takeoff and landing

390

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00400 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. E
weights, the takeoff distance, and the take- from the start of the takeoff to the point
off paths, and may not exceed that found by where the airplane attains a height of 50 feet
the Administrator to result in an overall above the takeoff surface for reciprocating-
level of safety in the takeoff, approach, and engine-powered airplanes and a height of 35
landing regimes of flight equivalent to that feet above the takeoff surface for turbine-
prescribed in the regulations under which powered airplanes.
the airplane was originally certificated with- (4) Maximum certificated takeoff weights. The
out standby power. For the purposes of this maximum certificated takeoff weights must
appendix, ‘‘standby power’’ is power or be determined at all altitudes, and at ambi-
thrust, or both, obtained from rocket en- ent temperatures, if applicable, at which per-
gines for a relatively short period and actu- formance credit is to be applied and may not
ated only in cases of emergency. The fol- exceed the weights established in compliance
lowing provisions apply: with paragraphs (a) and (b) of this section.
(1) Takeoff; general. The takeoff data pre- (a) The conditions of paragraphs (2)(b)
scribed in paragraphs (2) and (3) of this ap- through (d) must be met at the maximum
pendix must be determined at all weights certificated takeoff weight.
and altitudes, and at ambient temperatures (b) Without the use of standby power, the
if applicable, at which performance credit is airplane must meet all of the en route re-
to be applied. quirements of the applicable airworthiness
(2) Takeoff path. regulations under which the airplane was
(a) The one-engine-inoperative takeoff originally certificated. In addition, turbine-
path with standby power in use must be de- powered airplanes without the use of standby
termined in accordance with the perform- power must meet the final takeoff climb re-
ance requirements of the applicable air- quirements prescribed in the applicable air-
worthiness regulations. worthiness regulations.
(b) The one-engine-inoperative takeoff (5) Maximum certificated landing weights.
path (excluding that part where the airplane (a) The maximum certificated landing
is on or just above the takeoff surface) deter- weights (one-engine-inoperative approach
mined in accordance with paragraph (a) of and all-engine-operating landing climb) must
this section must lie above the one-engine- be determined at all altitudes, and at ambi-
inoperative takeoff path without standby ent temperatures if applicable, at which per-
power at the maximum takeoff weight at formance credit is to be applied and must
which all of the applicable air-worthiness re- not exceed that established in compliance
quirements are met. For the purpose of this with paragraph (b) of this section.
comparison, the flight path is considered to (b) The flight path, with the engines oper-
extend to at least a height of 400 feet above ating at the power or thrust, or both, appro-
the takeoff surface. priate to the airplane configuration and with
(c) The takeoff path with all engines oper- standby power in use, must lie above the
ating, but without the use of standby power, flight path without standby power in use at
must reflect a conservatively greater overall the maximum weight at which all of the ap-
level of performance than the one-engine-in- plicable airworthiness requirements are met.
operative takeoff path established in accord- In addition, the flight paths must comply
ance with paragraph (a) of this section. The with subparagraphs (i) and (ii) of this para-
margin must be established by the Adminis- graph.
trator to insure safe day-to-day operations, (i) The flight paths must be established
but in no case may it be less than 15 percent. without changing the appropriate airplane
The all-engines-operating takeoff path must configuration.
be determined by a procedure consistent (ii) The flight paths must be carried out for
with that established in complying with a minimum height of 400 feet above the point
paragraph (a) of this section. where standby power is actuated.
(d) For reciprocating-engine-powered air- (6) Airplane configuration, speed, and power
planes, the takeoff path to be scheduled in and thrust; general. Any change in the air-
the Airplane Flight Manual must represent plane’s configuration, speed, and power or
the one-engine-operative takeoff path deter- thrust, or both, must be made in accordance
mined in accordance with paragraph (a) of with the procedures established by the appli-
this section and modified to reflect the pro- cant for the operation of the airplane in
cedure (see paragraph (6)) established by the service and must comply with paragraphs (a)
applicant for flap retraction and attainment through (c) of this section. In addition, pro-
of the en route speed. The scheduled takeoff cedures must be established for the execu-
path must have a positive slope at all points tion of balked landings and missed ap-
of the airborne portion and at no point must proaches.
it lie above the takeoff path specified in (a) The Administrator must find that the
paragraph (a) of this section. procedure can be consistently executed in
(3) Takeoff distance. The takeoff distance service by crews of average skill.
lhorne on DSKJLZT7X2PROD with CFR

must be the horizontal distance along the (b) The procedure may not involve methods
one-engine-inoperative take off path deter- or the use of devices which have not been
mined in accordance with paragraph (2)(a) proven to be safe and reliable.

391

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00401 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. F 14 CFR Ch. I (1–1–22 Edition)
(c) Allowances must be made for such time the film travels through ducts, the ducts
delays in the execution of the procedures as must meet the requirements of subparagraph
may be reasonably expected to occur during (ii) of this paragraph.
service. (iv) Clear plastic windows and signs, parts
(7) Installation and operation; standby power. constructed in whole or in part of elas-
The standby power unit and its installation tomeric materials, edge lighted instrument
must comply with paragraphs (a) and (b) of assemblies consisting of two or more instru-
this section. ments in a common housing, seat belts,
(a) The standby power unit and its instal- shoulder harnesses, and cargo and baggage
lation must not adversely affect the safety of tiedown equipment, including containers,
the airplane. bins, pallets, etc., used in passenger or crew
(b) The operation of the standby power compartments, may not have an average
unit and its control must have proven to be burn rate greater than 2.5 inches per minute
safe and reliable. when tested horizontally in accordance with
the applicable portions of this appendix.
[Amdt. 25–6, 30 FR 8468, July 2, 1965]
(v) Except for small parts (such as knobs,
handles, rollers, fasteners, clips, grommets,
APPENDIX F TO PART 25
rub strips, pulleys, and small electrical
Part I—Test Criteria and Procedures for parts) that would not contribute signifi-
Showing Compliance With § 25.853 or § 25.855 cantly to the propagation of a fire and for
electrical wire and cable insulation, mate-
(a) Material test criteria—(1) Interior com- rials in items not specified in paragraphs
partments occupied by crew or passengers. (i) (a)(1)(i), (ii), (iii), or (iv) of part I of this ap-
Interior ceiling panels, interior wall panels, pendix may not have a burn rate greater
partitions, galley structure, large cabinet than 4.0 inches per minute when tested hori-
walls, structural flooring, and materials used zontally in accordance with the applicable
in the construction of stowage compart- portions of this appendix.
ments (other than underseat stowage com- (2) Cargo and baggage compartments not oc-
partments and compartments for stowing cupied by crew or passengers.
small items such as magazines and maps) (i) [Reserved]
must be self-extinguishing when tested (ii) A cargo or baggage compartment de-
vertically in accordance with the applicable fined in § 25.857 as Class B or E must have a
portions of part I of this appendix. The aver- liner constructed of materials that meet the
age burn length may not exceed 6 inches and requirements of paragraph (a)(1)(ii) of part I
the average flame time after removal of the of this appendix and separated from the air-
flame source may not exceed 15 seconds. plane structure (except for attachments). In
Drippings from the test specimen may not addition, such liners must be subjected to
continue to flame for more than an average the 45 degree angle test. The flame may not
of 3 seconds after falling. penetrate (pass through) the material during
(ii) Floor covering, textiles (including application of the flame or subsequent to its
draperies and upholstery), seat cushions, removal. The average flame time after re-
padding, decorative and non-decorative coat- moval of the flame source may not exceed 15
ed fabrics, leather, trays and galley fur- seconds, and the average glow time may not
nishings, electrical conduit, air ducting, exceed 10 seconds.
joint and edge covering, liners of Class B and (iii) A cargo or baggage compartment de-
E cargo or baggage compartments, floor pan- fined in § 25.857 as Class B, C, E, or F must
els of Class B, C, E, or F cargo or baggage have floor panels constructed of materials
compartments, cargo covers and trans- which meet the requirements of paragraph
parencies, molded and thermoformed parts, (a)(1)(ii) of part I of this appendix and which
air ducting joints, and trim strips (decora- are separated from the airplane structure
tive and chafing), that are constructed of (except for attachments). Such panels must
materials not covered in paragraph (a)(1)(iv) be subjected to the 45 degree angle test. The
below, must be self-extinguishing when test- flame may not penetrate (pass through) the
ed vertically in accordance with the applica- material during application of the flame or
ble portions of part I of this appendix or subsequent to its removal. The average
other approved equivalent means. The aver- flame time after removal of the flame source
age burn length may not exceed 8 inches, and may not exceed 15 seconds, and the average
the average flame time after removal of the glow time may not exceed 10 seconds.
flame source may not exceed 15 seconds. (iv) Insulation blankets and covers used to
Drippings from the test specimen may not protect cargo must be constructed of mate-
continue to flame for more than an average rials that meet the requirements of para-
of 5 seconds after falling. graph (a)(1)(ii) of part I of this appendix. Tie-
(iii) Motion picture film must be safety down equipment (including containers, bins,
film meeting the Standard Specifications for and pallets) used in each cargo and baggage
lhorne on DSKJLZT7X2PROD with CFR

Safety Photographic Film PHI.25 (available compartment must be constructed of mate-


from the American National Standards Insti- rials that meet the requirements of para-
tute, 1430 Broadway, New York, NY 10018). If graph (a)(1)(v) of part I of this appendix.

392

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00402 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. F
(3) Electrical system components. Insulation cordance with Federal Test Method Standard
on electrical wire or cable installed in any 191 Model 5903 (revised Method 5902) for the
area of the fuselage must be self-extin- vertical test, or Method 5906 for horizontal
guishing when subjected to the 60 degree test test (available from the General Services Ad-
specified in part I of this appendix. The aver- ministration, Business Service Center, Re-
age burn length may not exceed 3 inches, and gion 3, Seventh & D Streets SW., Wash-
the average flame time after removal of the ington, DC 20407). Specimens which are too
flame source may not exceed 30 seconds. large for the cabinet must be tested in simi-
Drippings from the test specimen may not lar draft-free conditions.
continue to flame for more than an average (4) Vertical test. A minimum of three speci-
of 3 seconds after falling. mens must be tested and results averaged.
(b) Test Procedures—(1) Conditioning. Speci- For fabrics, the direction of weave cor-
mens must be conditioned to 70 ±5 F., and at responding to the most critical flammability
50 percent ±5 percent relative humidity until conditions must be parallel to the longest di-
moisture equilibrium is reached or for 24 mension. Each specimen must be supported
hours. Each specimen must remain in the vertically. The specimen must be exposed to
conditioning environment until it is sub- a Bunsen or Tirrill burner with a nominal 3⁄8-
jected to the flame. inch I.D. tube adjusted to give a flame of 11⁄2
(2) Specimen configuration. Except for small inches in height. The minimum flame tem-
parts and electrical wire and cable insula- perature measured by a calibrated thermo-
tion, materials must be tested either as sec-
couple pyrometer in the center of the flame
tion cut from a fabricated part as installed
must be 1550 °F. The lower edge of the speci-
in the airplane or as a specimen simulating
men must be 3⁄4-inch above the top edge of
a cut section, such as a specimen cut from a
the burner. The flame must be applied to the
flat sheet of the material or a model of the
center line of the lower edge of the specimen.
fabricated part. The specimen may be cut
For materials covered by paragraph (a)(1)(i)
from any location in a fabricated part; how-
of part I of this appendix, the flame must be
ever, fabricated units, such as sandwich pan-
applied for 60 seconds and then removed. For
els, may not be separated for test. Except as
materials covered by paragraph (a)(1)(ii) of
noted below, the specimen thickness must be
no thicker than the minimum thickness to part I of this appendix, the flame must be ap-
be qualified for use in the airplane. Test plied for 12 seconds and then removed. Flame
specimens of thick foam parts, such as seat time, burn length, and flaming time of drip-
cushions, must be 1⁄2-inch in thickness. Test pings, if any, may be recorded. The burn
specimens of materials that must meet the length determined in accordance with sub-
requirements of paragraph (a)(1)(v) of part I paragraph (7) of this paragraph must be
of this appendix must be no more than 1⁄8- measured to the nearest tenth of an inch.
inch in thickness. Electrical wire and cable (5) Horizontal test. A minimum of three
specimens must be the same size as used in specimens must be tested and the results
the airplane. In the case of fabrics, both the averaged. Each specimen must be supported
warp and fill direction of the weave must be horizontally. The exposed surface, when in-
tested to determine the most critical flam- stalled in the aircraft, must be face down for
mability condition. Specimens must be the test. The specimen must be exposed to a
mounted in a metal frame so that the two Bunsen or Tirrill burner with a nominal 3⁄8-
long edges and the upper edge are held se- inch I.D. tube adjusted to give a flame of 11⁄2
curely during the vertical test prescribed in inches in height. The minimum flame tem-
subparagraph (4) of this paragraph and the perature measured by a calibrated thermo-
two long edges and the edge away from the couple pyrometer in the center of the flame
flame are held securely during the horizontal must be 1550 °F. The specimen must be posi-
test prescribed in subparagraph (5) of this tioned so that the edge being tested is cen-
paragraph. The exposed area of the specimen tered 3⁄4-inch above the top of the burner.
must be at least 2 inches wide and 12 inches The flame must be applied for 15 seconds and
long, unless the actual size used in the air- then removed. A minimum of 10 inches of
plane is smaller. The edge to which the burn- specimen must be used for timing purposes,
er flame is applied must not consist of the approximately 11⁄2 inches must burn before
finished or protected edge of the specimen the burning front reaches the timing zone,
but must be representative of the actual and the average burn rate must be recorded.
cross-section of the material or part as in- (6) Forty-five degree test. A minimum of
stalled in the airplane. The specimen must three specimens must be tested and the re-
be mounted in a metal frame so that all four sults averaged. The specimens must be sup-
edges are held securely and the exposed area ported at an angle of 45° to a horizontal sur-
of the specimen is at least 8 inches by 8 face. The exposed surface when installed in
inches during the 45° test prescribed in sub- the aircraft must be face down for the test.
paragraph (6) of this paragraph. The specimens must be exposed to a Bunsen
lhorne on DSKJLZT7X2PROD with CFR

(3) Apparatus. Except as provided in sub- or Tirrill burner with a nominal 3⁄8-inch I.D.
paragraph (7) of this paragraph, tests must tube adjusted to give a flame of 11⁄2 inches in
be conducted in a draft-free cabinet in ac- height. The minimum flame temperature

393

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00403 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. F 14 CFR Ch. I (1–1–22 Edition)
measured by a calibrated thermocouple py- Part II—Flammability of Seat Cushions
rometer in the center of the flame must be
(a) Criteria for Acceptance. Each seat cush-
1550 °F. Suitable precautions must be taken
ion must meet the following criteria:
to avoid drafts. The flame must be applied
for 30 seconds with one-third contacting the (1) At least three sets of seat bottom and
material at the center of the specimen and seat back cushion specimens must be tested.
then removed. Flame time, glow time, and (2) If the cushion is constructed with a fire
whether the flame penetrates (passes blocking material, the fire blocking material
through) the specimen must be recorded. must completely enclose the cushion foam
(7) Sixty degree test. A minimum of three core material.
specimens of each wire specification (make (3) Each specimen tested must be fab-
and size) must be tested. The specimen of ricated using the principal components (i.e.,
wire or cable (including insulation) must be foam core, flotation material, fire blocking
placed at an angle of 60° with the horizontal material, if used, and dress covering) and as-
in the cabinet specified in subparagraph (3) sembly processes (representative seams and
of this paragraph with the cabinet door open closures) intended for use in the production
during the test, or must be placed within a articles. If a different material combination
chamber approximately 2 feet high by 1 foot is used for the back cushion than for the bot-
by 1 foot, open at the top and at one vertical tom cushion, both material combinations
side (front), and which allows sufficient flow must be tested as complete specimen sets,
of air for complete combustion, but which is each set consisting of a back cushion speci-
free from drafts. The specimen must be par- men and a bottom cushion specimen. If a
allel to and approximately 6 inches from the cushion, including outer dress covering, is
front of the chamber. The lower end of the demonstrated to meet the requirements of
specimen must be held rigidly clamped. The this appendix using the oil burner test, the
upper end of the specimen must pass over a dress covering of that cushion may be re-
pulley or rod and must have an appropriate placed with a similar dress covering provided
weight attached to it so that the specimen is the burn length of the replacement covering,
held tautly throughout the flammability as determined by the test specified in
test. The test specimen span between lower § 25.853(c), does not exceed the corresponding
clamp and upper pulley or rod must be 24 burn length of the dress covering used on the
inches and must be marked 8 inches from the cushion subjected to the oil burner test.
lower end to indicate the central point for (4) For at least two-thirds of the total
flame application. A flame from a Bunsen or number of specimen sets tested, the burn
Tirrill burner must be applied for 30 seconds length from the burner must not reach the
at the test mark. The burner must be mount- side of the cushion opposite the burner. The
ed underneath the test mark on the speci- burn length must not exceed 17 inches. Burn
men, perpendicular to the specimen and at length is the perpendicular distance from the
an angle of 30° to the vertical plane of the inside edge of the seat frame closest to the
specimen. The burner must have a nominal burner to the farthest evidence of damage to
bore of 3⁄8-inch and be adjusted to provide a the test specimen due to flame impingement,
3-inch high flame with an inner cone ap- including areas of partial or complete con-
proximately one-third of the flame height. sumption, charring, or embrittlement, but
The minimum temperature of the hottest not including areas sooted, stained, warped,
portion of the flame, as measured with a or discolored, or areas where material has
calibrated thermocouple pyrometer, may not shrunk or melted away from the heat source.
be less than 1750 °F. The burner must be posi- (5) The average percentage weight loss
tioned so that the hottest portion of the must not exceed 10 percent. Also, at least
flame is applied to the test mark on the two-thirds of the total number of specimen
wire. Flame time, burn length, and flaming sets tested must not exceed 10 percent
time of drippings, if any, must be recorded. weight loss. All droppings falling from the
The burn length determined in accordance cushions and mounting stand are to be dis-
with paragraph (8) of this paragraph must be carded before the after-test weight is deter-
measured to the nearest tenth of an inch. mined. The percentage weight loss for a spec-
Breaking of the wire specimens is not consid- imen set is the weight of the specimen set
ered a failure. before testing less the weight of the speci-
(8) Burn length. Burn length is the distance men set after testing expressed as the per-
from the original edge to the farthest evi- centage of the weight before testing.
dence of damage to the test specimen due to (b) Test Conditions. Vertical air velocity
flame impingement, including areas of par- should average 25 fpm±10 fpm at the top of
tial or complete consumption, charring, or the back seat cushion. Horizontal air veloc-
embrittlement, but not including areas soot- ity should be below 10 fpm just above the
ed, stained, warped, or discolored, nor areas bottom seat cushion. Air velocities should be
lhorne on DSKJLZT7X2PROD with CFR

where material has shrunk or melted away measured with the ventilation hood oper-
from the heat source. ating and the burner motor off.

394

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00404 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. F
(c) Test Specimens. (1) For each test, one set (ii) Because crumbling of the insulating
of cushion specimens representing a seat bot- board with service can result in misalign-
tom and seat back cushion must be used. ment of the calorimeter, the calorimeter
(2) The seat bottom cushion specimen must must be monitored and the mounting
be 18 ±1⁄8 inches (457 ±3 mm) wide by 20 ±1⁄8 shimmed, as necessary, to ensure that the
inches (508 ±3 mm) deep by 4 ±1⁄8 inches (102 calorimeter face is flush with the exposed
±3 mm) thick, exclusive of fabric closures plane of the insulating board in a plane par-
and seam overlap. allel to the exit of the test burner cone.
(3) The seat back cushion specimen must (4) Thermocouples. The seven thermocouples
be 18 ±1⁄8 inches (432 ±3 mm) wide by 25 ±1⁄8 to be used for testing must be 1⁄16- to 1⁄8-inch
inches (635 ±3 mm) high by 2 ±1⁄8 inches (51 ±3 metal sheathed, ceramic packed, type K,
mm) thick, exclusive of fabric closures and grounded thermocouples with a nominal 22
seam overlap. to 30 American wire gage (AWG)-size con-
(4) The specimens must be conditioned at ductor. The seven thermocouples must be at-
70 ±5 °F (21 ±2 °C) 55%±10% relative humidity tached to a steel angle bracket to form a
for at least 24 hours before testing. thermocouple rake for placement in the test
(d) Test Apparatus. The arrangement of the stand during burner calibration, as shown in
test apparatus is shown in Figures 1 through Figure 5.
5 and must include the components described (5) Apparatus Arrangement. The test burner
in this section. Minor details of the appa- must be mounted on a suitable stand to posi-
ratus may vary, depending on the model tion the exit of the burner cone a distance of
burner used. 4 ±1⁄8 inches (102 ±3 mm) from one side of the
(1) Specimen Mounting Stand. The mounting specimen mounting stand. The burner stand
stand for the test specimens consists of steel should have the capability of allowing the
angles, as shown in Figure 1. The length of burner to be swung away from the specimen
the mounting stand legs is 12 ±1⁄8 inches (305
mounting stand during warmup periods.
±3 mm). The mounting stand must be used
(6) Data Recording. A recording potentiom-
for mounting the test specimen seat bottom
eter or other suitable calibrated instrument
and seat back, as shown in Figure 2. The
with an appropriate range must be used to
mounting stand should also include a suit-
measure and record the outputs of the calo-
able drip pan lined with aluminum foil, dull
side up. rimeter and the thermocouples.
(2) Test Burner. The burner to be used in (7) Weight Scale. Weighing Device—A device
testing must— must be used that with proper procedures
(i) Be a modified gun type; may determine the before and after test
(ii) Have an 80-degree spray angle nozzle weights of each set of seat cushion specimens
nominally rated for 2.25 gallons/hour at 100 within 0.02 pound (9 grams). A continuous
psi; weighing system is preferred.
(iii) Have a 12-inch (305 mm) burner cone (8) Timing Device. A stopwatch or other de-
installed at the end of the draft tube, with vice (calibrated to ±1 second) must be used to
an opening 6 inches (152 mm) high and 11 measure the time of application of the burn-
inches (280 mm) wide, as shown in Figure 3; er flame and self-extinguishing time or test
and duration.
(iv) Have a burner fuel pressure regulator (e) Preparation of Apparatus. Before calibra-
that is adjusted to deliver a nominal 2.0 gal- tion, all equipment must be turned on and
lon/hour of # 2 Grade kerosene or equivalent the burner fuel must be adjusted as specified
required for the test. in paragraph (d)(2).
Burner models which have been used success- (f) Calibration. To ensure the proper ther-
fully in testing are the Lennox Model OB–32, mal output of the burner, the following test
Carlin Model 200 CRD, and Park Model DPL must be made:
3400. FAA published reports pertinent to this (1) Place the calorimeter on the test stand
type of burner are: (1) Powerplant as shown in Figure 4 at a distance of 4 ±1⁄8
Enginering Report No. 3A, Standard Fire inches (102 ±3 mm) from the exit of the burn-
Test Apparatus and Procedure for Flexible er cone.
Hose Assemblies, dated March 1978; and (2) (2) Turn on the burner, allow it to run for
Report No. DOT/FAA/RD/76/213, Reevaluation 2 minutes for warmup, and adjust the burner
of Burner Characteristics for Fire Resistance air intake damper to produce a reading of
Tests, dated January 1977. 10.5 ±0.5 BTU/ft2-sec. (11.9 ±0.6 w/cm2) on the
(3) Calorimeter. calorimeter to ensure steady state condi-
(i) The calorimeter to be used in testing tions have been achieved. Turn off the burn-
must be a (0–15.0 BTU/ft2-sec. 0–17.0 W/cm2) er.
calorimeter, accurate ±3%, mounted in a 6- (3) Replace the calorimeter with the ther-
inch by 12-inch (152 by 305 mm) by 3⁄4-inch (19 mocouple rake (Figure 5).
mm) thick calcium silicate insulating board (4) Turn on the burner and ensure that the
thermocouples are reading 1900 ±100 °F (1038
lhorne on DSKJLZT7X2PROD with CFR

which is attached to a steel angle bracket for


placement in the test stand during burner ±38 °C) to ensure steady state conditions
calibration, as shown in Figure 4. have been achieved.

395

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00405 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. F 14 CFR Ch. I (1–1–22 Edition)
(5) If the calorimeter and thermocouples do run for 2 minutes to provide adequate
not read within range, repeat steps in para- warmup of the burner cone and flame sta-
graphs 1 through 4 and adjust the burner air bilization.
intake damper until the proper readings are (5) To begin the test, swing the burner into
obtained. The thermocouple rake and the the test position and simultaneously start
calorimeter should be used frequently to the timing device.
maintain and record calibrated test param- (6) Expose the seat bottom cushion speci-
eters. Until the specific apparatus has dem- men to the burner flame for 2 minutes and
onstrated consistency, each test should be then turn off the burner. Immediately swing
calibrated. After consistency has been con- the burner away from the test position. Ter-
firmed, several tests may be conducted with minate test 7 minutes after initiating cush-
the pre-test calibration before and a calibra- ion exposure to the flame by use of a gaseous
tion check after the series. extinguishing agent (i.e., Halon or CO2).
(g) Test Procedure. The flammability of (7) Determine the weight of the remains of
each set of specimens must be tested as fol- the seat cushion specimen set left on the
lows: mounting stand to the nearest 0.02 pound (9
(1) Record the weight of each set of seat grams) excluding all droppings.
bottom and seat back cushion specimens to (h) Test Report. With respect to all speci-
be tested to the nearest 0.02 pound (9 grams). men sets tested for a particular seat cushion
(2) Mount the seat bottom and seat back for which testing of compliance is performed,
cushion test specimens on the test stand as the following information must be recorded:
shown in Figure 2, securing the seat back (1) An identification and description of the
cushion specimen to the test stand at the specimens being tested.
top. (2) The number of specimen sets tested.
(3) Swing the burner into position and en- (3) The initial weight and residual weight
sure that the distance from the exit of the of each set, the calculated percentage weight
burner cone to the side of the seat bottom loss of each set, and the calculated average
cushion specimen is 4 ±1⁄8 inches (102 ±3 mm). percentage weight loss for the total number
(4) Swing the burner away from the test of sets tested.
position. Turn on the burner and allow it to (4) The burn length for each set tested.
lhorne on DSKJLZT7X2PROD with CFR

396

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00406 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. F
lhorne on DSKJLZT7X2PROD with CFR

397
EC28SE91.064</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00407 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Pt. 25, App. F 14 CFR Ch. I (1–1–22 Edition)
lhorne on DSKJLZT7X2PROD with CFR

398
EC28SE91.065</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00408 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. F
lhorne on DSKJLZT7X2PROD with CFR

399
EC28SE91.066</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00409 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Pt. 25, App. F 14 CFR Ch. I (1–1–22 Edition)
lhorne on DSKJLZT7X2PROD with CFR

400
EC28SE91.067</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00410 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. F

Part III—Test Method To Determine Flame Pen- such as joints, lamp assemblies, etc., the
etration Resistance of Cargo Compartment failure of which would affect the capability
Liners. of the liner to safely contain a fire.
(3) There must be no flame penetration of
(a) Criteria for Acceptance. (1) At least three
any specimen within 5 minutes after applica-
specimens of cargo compartment sidewall or
tion of the flame source, and the peak tem-
ceiling liner panels must be tested.
perature measured at 4 inches above the
(2) Each specimen tested must simulate
lhorne on DSKJLZT7X2PROD with CFR

upper surface of the horizontal test sample


the cargo compartment sidewall or ceiling
must not exceed 400 °F.
liner panel, including any design features,

401
EC28SE91.068</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00411 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. F 14 CFR Ch. I (1–1–22 Edition)
(b) Summary of Method. This method pro- orimeter face is parallel to the exit plane of
vides a laboratory test procedure for meas- the test burner cone.
uring the capability of cargo compartment (4) Thermocouples. The seven thermocouples
lining materials to resist flame penetration to be used for testing must be 1⁄16 inch ce-
with a 2 gallon per hour (GPH) #2 Grade ker- ramic sheathed, type K, grounded
osene or equivalent burner fire source. Ceil- thermocouples with a nominal 30 American
ing and sidewall liner panels may be tested wire gage (AWG) size conductor. The seven
individually provided a baffle is used to sim- thermocouples must be attached to a steel
ulate the missing panel. Any specimen that angle bracket to form a thermocouple rake
passes the test as a ceiling liner panel may for placement in the test stand during burn-
be used as a sidewall liner panel. er calibration as shown in Figure 3 of this
(c) Test Specimens. (1) The specimen to be part of this appendix.
tested must measure 16 ±1⁄8 inches (406 ±3 (5) Apparatus Arrangement. The test burner
mm) by 24 + 1⁄8 inches (610 ±3 mm). must be mounted on a suitable stand to posi-
(2) The specimens must be conditioned at tion the exit of the burner cone a distance of
70 °F.±5 °F. (21 °C. ±2 °C.) and 55%±5% humid- 8 inches from the ceiling liner panel and 2
ity for at least 24 hours before testing. inches from the sidewall liner panel. The
(d) Test Apparatus. The arrangement of the burner stand should have the capability of
test apparatus, which is shown in Figure 3 of allowing the burner to be swung away from
Part II and Figures 1 through 3 of this part the test specimen during warm-up periods.
of appendix F, must include the components (6) Instrumentation. A recording potentiom-
described in this section. Minor details of the eter or other suitable instrument with an ap-
apparatus may vary, depending on the model propriate range must be used to measure and
of the burner used. record the outputs of the calorimeter and
(1) Specimen Mounting Stand. The mounting the thermocouples.
stand for the test specimens consists of steel (7) Timing Device. A stopwatch or other de-
angles as shown in Figure 1. vice must be used to measure the time of
(2) Test Burner. The burner to be used in flame application and the time of flame pen-
tesing must— etration, if it occurs.
(i) Be a modified gun type. (e) Preparation of Apparatus. Before calibra-
(ii) Use a suitable nozzle and maintain fuel tion, all equipment must be turned on and
pressure to yield a 2 GPH fuel flow. For ex- allowed to stabilize, and the burner fuel flow
ample: an 80 degree nozzle nominally rated must be adjusted as specified in paragraph
at 2.25 GPH and operated at 85 pounds per (d)(2).
square inch (PSI) gage to deliver 2.03 GPH. (f) Calibration. To ensure the proper ther-
(iii) Have a 12 inch (305 mm) burner exten- mal output of the burner the following test
sion installed at the end of the draft tube must be made:
with an opening 6 inches (152 mm) high and (1) Remove the burner extension from the
11 inches (280 mm) wide as shown in Figure end of the draft tube. Turn on the blower
3 of Part II of this appendix. portion of the burner without turning the
(iv) Have a burner fuel pressure regulator fuel or igniters on. Measure the air velocity
that is adjusted to deliver a nominal 2.0 GPH using a hot wire anemometer in the center of
of #2 Grade kerosene or equivalent. the draft tube across the face of the opening.
Burner models which have been used success- Adjust the damper such that the air velocity
fully in testing are the Lenox Model OB–32, is in the range of 1550 to 1800 ft./min. If tabs
Carlin Model 200 CRD and Park Model DPL. are being used at the exit of the draft tube,
The basic burner is described in FAA Power- they must be removed prior to this measure-
plant Engineering Report No. 3A, Standard ment. Reinstall the draft tube extension
Fire Test Apparatus and Procedure for Flexi- cone.
ble Hose Assemblies, dated March 1978; how- (2) Place the calorimeter on the test stand
ever, the test settings specified in this ap- as shown in Figure 2 at a distance of 8 inches
pendix differ in some instances from those (203 mm) from the exit of the burner cone to
specified in the report. simulate the position of the horizontal test
(3) Calorimeter. (i) The calorimeter to be specimen.
used in testing must be a total heat flux Foil (3) Turn on the burner, allow it to run for
Type Gardon Gage of an appropriate range 2 minutes for warm-up, and adjust the damp-
(approximately 0 to 15.0 British thermal unit er to produce a calorimeter reading of 8.0 ±0.5
(BTU) per ft.2 sec., 0–17.0 watts/cm2). The cal- BTU per ft.2 sec. (9.1 ±0.6 Watts/cm2).
orimeter must be mounted in a 6 inch by 12 (4) Replace the calorimeter with the ther-
inch (152 by 305 mm) by 3⁄4 inch (19 mm) thick mocouple rake (see Figure 3).
insulating block which is attached to a steel (5) Turn on the burner and ensure that
angle bracket for placement in the test stand each of the seven thermocouples reads 1700
during burner calibration as shown in Figure °F. ±100 °F. (927 °C. ±38 °C.) to ensure steady
2 of this part of this appendix. state conditions have been achieved. If the
lhorne on DSKJLZT7X2PROD with CFR

(ii) The insulating block must be mon- temperature is out of this range, repeat steps
itored for deterioration and the mounting 2 through 5 until proper readings are ob-
shimmed as necessary to ensure that the cal- tained.

402

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00412 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. F
(6) Turn off the burner and remove the The test may be terminated earlier if flame
thermocouple rake. penetration is observed.
(7) Repeat (1) to ensure that the burner is (5) When testing ceiling liner panels,
in the correct range. record the peak temperature measured 4
(g) Test Procedure. (1) Mount a thermo- inches above the sample.
couple of the same type as that used for cali-
(6) Record the time at which flame pene-
bration at a distance of 4 inches (102 mm)
tration occurs if applicable.
above the horizontal (ceiling) test specimen.
The thermocouple should be centered over (h) Test Report. The test report must in-
the burner cone. clude the following:
(2) Mount the test specimen on the test (1) A complete description of the materials
stand shown in Figure 1 in either the hori- tested including type, manufacturer, thick-
zontal or vertical position. Mount the insu- ness, and other appropriate data.
lating material in the other position. (2) Observations of the behavior of the test
(3) Position the burner so that flames will specimens during flame exposure such as
not impinge on the specimen, turn the burn- delamination, resin ignition, smoke, ect., in-
er on, and allow it to run for 2 minutes. Ro- cluding the time of such occurrence.
tate the burner to apply the flame to the (3) The time at which flame penetration
specimen and simultaneously start the tim- occurs, if applicable, for each of the three
ing device.
specimens tested.
(4) Expose the test specimen to the flame
for 5 minutes and then turn off the burner. (4) Panel orientation (ceiling or sidewall).
lhorne on DSKJLZT7X2PROD with CFR

403

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00413 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. F 14 CFR Ch. I (1–1–22 Edition)
lhorne on DSKJLZT7X2PROD with CFR

404
EC28SE91.069</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00414 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. F
lhorne on DSKJLZT7X2PROD with CFR

405
EC28SE91.070</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00415 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Pt. 25, App. F 14 CFR Ch. I (1–1–22 Edition)
lhorne on DSKJLZT7X2PROD with CFR

406
EC28SE91.071</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00416 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. F
Part IV—Test Method To Determine the Heat this part IV. The truncated diamond-shaped
Release Rate From Cabin Materials Exposed mask of .042 ±.002 inch (1.07 ±.05mm) stainless
to Radiant Heat. steel must be added to provide uniform heat
flux density over the area occupied by the
(a) Summary of Method. Three or more
vertical sample.
specimens representing the completed air-
(4) Air Distribution System. The air entering
craft component are tested. Each test speci-
the environmental chamber must be distrib-
men is injected into an environmental cham- uted by a .25 inch (6.3 mm) thick aluminum
ber through which a constant flow of air plate having eight No. 4 drill-holes, located 2
passes. The specimen’s exposure is deter- inches (51 mm) from sides on 4 inch (102 mm)
mined by a radiant heat source adjusted to centers, mounted at the base of the environ-
produce, on the specimen, the desired total mental chamber. A second plate of 18 guage
heat flux of 3.5 W/cm2. The specimen is tested stainless steel having 120, evenly spaced, No.
with the exposed surface vertical. Combus- 28 drill holes must be mounted 6 inches (152
tion is initiated by piloted ignition. The mm) above the aluminum plate. A well-regu-
combustion products leaving the chamber lated air supply is required. The air-supply
are monitored in order to calculate the re- manifold at the base of the pyramidal sec-
lease rate of heat. tion must have 48, evenly spaced, No. 26 drill
(b) Apparatus. The Ohio State University holes located .38 inch (10 mm) from the inner
(OSU) rate of heat release apparatus, as de- edge of the manifold, resulting in an airflow
scribed below, is used. This is a modified split of approximately three to one within
version of the rate of heat release apparatus the apparatus.
standardized by the American Society of (5) Exhaust Stack. An exhaust stack, 5.25 ×
Testing and Materials (ASTM), ASTM E–906. 2.75 inches (133 × 70 mm) in cross section, and
(1) This apparatus is shown in Figures 1A 10 inches (254 mm) long, fabricated from 28
and 1B of this part IV. All exterior surfaces guage stainless steel must be mounted on
of the apparatus, except the holding cham- the outlet of the pyramidal section. A. 1.0 ×
ber, must be insulated with 1 inch (25 mm) 3.0 inch (25 × 76 mm) baffle plate of .018 ±.002
thick, low density, high temperature, fiber- inch (.50 ±.05 mm) stainless steel must be
glass board insulation. A gasketed door, centered inside the stack, perpendicular to
through which the sample injection rod the air flow, 3 inches (76 mm) above the base
slides, must be used to form an airtight clo- of the stack.
sure on the specimen hold chamber. (6) Specimen Holders. (i) The specimen must
(2) Thermopile. The temperature difference be tested in a vertical orientation. The speci-
between the air entering the environmental men holder (Figure 3 of this part IV) must
chamber and that leaving must be monitored incorporate a frame that touches the speci-
by a thermopile having five hot, and five men (which is wrapped with aluminum foil
cold, 24-guage Chromel-Alumel junctions. as required by paragraph (d)(3) of this Part)
The hot junctions must be spaced across the along only the .25 inch (6 mm) perimeter. A
top of the exhaust stack, .38 inches (10 mm) ‘‘V’’ shaped spring is used to hold the assem-
below the top of the chimney. The bly together. A detachable .50 × 50 × 5.91 inch
thermocouples must have a .050 ±.010 inch (12 × 12 × 150 mm) drip pan and two .020 inch
(1.3 ±.3mm) diameter, ball-type, welded tip. (.5 mm) stainless steel wires (as shown in
One thermocouple must be located in the Figure 3 of this part IV) must be used for
geometric center, with the other four located testing materials prone to melting and drip-
1.18 inch (30 mm) from the center along the ping. The positioning of the spring and frame
diagonal toward each of the corners (Figure may be changed to accommodate different
5 of this part IV). The cold junctions must be specimen thicknesses by inserting the re-
located in the pan below the lower air dis- taining rod in different holes on the speci-
tribution plate (see paragraph (b)(4) of this men holder.
part IV). Thermopile hot junctions must be (ii) Since the radiation shield described in
cleared of soot deposits as needed to main- ASTM E–906 is not used, a guide pin must be
tain the calibrated sensitivity. added to the injection mechanism. This fits
(3) Radiation Source. A radiant heat source into a slotted metal plate on the injection
incorporating four Type LL silicon carbide mechanism outside of the holding chamber.
elements, 20 inches (508 mm) long by .63 inch It can be used to provide accurate posi-
(16 mm) O.D., must be used, as shown in Fig- tioning of the specimen face after injection.
ures 2A and 2B of this part IV. The heat The front surface of the specimen must be 3.9
source must have a nominal resistance of 1.4 inches (100 mm) from the closed radiation
ohms and be capable of generating a flux up doors after injection.
to 100 kW/m2. The silicone carbide elements (iii) The specimen holder clips onto the
must be mounted in the stainless steel panel mounted bracket (Figure 3 of this part IV).
box by inserting them through .63 inch (16 The mounting bracket must be attached to
mm) holes in .03 inch (1 mm) thick ceramic the injection rod by three screws that pass
lhorne on DSKJLZT7X2PROD with CFR

fiber or calcium-silicate millboard. Loca- through a wide-area washer welded onto a 1⁄2-
tions of the holes in the pads and stainless inch (13 mm) nut. The end of the injection
steel cover plates are shown in Figure 2B of rod must be threaded to screw into the nut,

407

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00417 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. F 14 CFR Ch. I (1–1–22 Edition)
and a .020 inch (5.1 mm) thick wide area the tubing, .50 inch (13 mm) apart, for gas
washer must be held between two 1⁄2-inch (13 ports, all radiating in the same direction.
mm) nuts that are adjusted to tightly cover The first hole must be .50 inch (13 mm) from
the hole in the radiation doors through the closed end of the tubing. The tube must
which the injection rod or calibration calo- be positioned above the specimen holder so
rimeter pass. that the holes are placed above the specimen
(7) Calorimeter. A total-flux type calo- as shown in Figure 1B of this part IV. The
rimeter must be mounted in the center of a fuel supplied to the burner must be methane
1⁄2-inch Kaowool ‘‘M’’ board inserted in the mixed with air in a ratio of approximately
sample holder to measure the total heat flux. 50/50 by volume. The total gas flow must be
The calorimeter must have a view angle of adjusted to produce flame lengths of 1 inch
180 degrees and be calibrated for incident (25 mm). When the gas/air ratio and the flow
flux. The calorimeter calibration must be ac- rate are properly adjusted, approximately .25
ceptable to the Administrator. inch (6 mm) of the flame length appears yel-
(8) Pilot-Flame Positions. Pilot ignition of low in color.
the specimen must be accomplished by si- (c) Calibration of Equipment—(1) Heat Re-
multaneously exposing the specimen to a lease Rate. A calibration burner, as shown in
lower pilot burner and an upper pilot burner, Figure 4, must be placed over the end of the
as described in paragraph (b)(8)(i) and lower pilot flame tubing using a gas tight
(b)(8)(ii) or (b)(8)(iii) of this part IV, respec- connection. The flow of gas to the pilot
tively. Since intermittent pilot flame extin- flame must be at least 99 percent methane
guishment for more than 3 seconds would in- and must be accurately metered. Prior to
validate the test results, a spark ignitor may usage, the wet test meter must be properly
be installed to ensure that the lower pilot leveled and filled with distilled water to the
burner remains lighted. tip of the internal pointer while no gas is
(i) Lower Pilot Burner. The pilot-flame tub- flowing. Ambient temperature and pressure
ing must be .25 inch (6.3 mm) O.D., .03 inch of the water are based on the internal wet
(0.8mm) wall, stainless steel tubing. A mix- test meter temperature. A baseline flow rate
ture of 120 cm3/min. of methane and 850 cm3/ of approximately 1 liter/min. must be set and
min. of air must be fed to the lower pilot increased to higher preset flows of 4, 6, 8, 6
flame burner. The normal position of the end and 4 liters/min. Immediately prior to re-
of the pilot burner tubing is .40 inch (10 mm) cording methane flow rates, a flow rate of 8
from and perpendicular to the exposed liters/min. must be used for 2 minutes to pre-
vertical surface of the specimen. The center- condition the chamber. This is not recorded
line at the outlet of the burner tubing must as part of calibration. The rate must be de-
intersect the vertical centerline of the sam- termined by using a stopwatch to time a
ple at a point .20 inch (5 mm) above the lower complete revolution of the wet test meter for
exposed edge of the specimen. both the baseline and higher flow, with the
(ii) Standard Three-Hole Upper Pilot Burner. flow returned to baseline before changing to
The pilot burner must be a straight length of the next higher flow. The thermopile base-
.25 inch (6.3 mm) O.D., .03 inch (0.8 mm) wall, line voltage must be measured. The gas flow
stainless steel tubing that is 14 inches (360 to the burner must be increased to the high-
mm) long. One end of the tubing must be er preset flow and allowed to burn for 2.0
closed, and three No. 40 drill holes must be minutes, and the thermopile voltage must be
drilled into the tubing, 2.38 inch (60 mm) measured. The sequence must be repeated
apart, for gas ports, all radiating in the same until all five values have been determined.
direction. The first hole must be .19 inch (5 The average of the five values must be used
mm) from the closed end of the tubing. The as the calibration factor. The procedure
tube must be positioned .75 inch (19 mm) must be repeated if the percent relative
above and .75 inch (19 mm) behind the ex- standard deviation is greater than 5 percent.
posed upper edge of the specimen. The mid- Calculations are shown in paragraph (f) of
dle hole must be in the vertical plane perpen- this part IV.
dicular to the exposed surface of the speci- (2) Flux Uniformity. Uniformity of flux over
men which passes through its vertical cen- the specimen must be checked periodically
terline and must be pointed toward the radi- and after each heating element change to de-
ation source. The gas supplied to the burner termine if it is within acceptable limits of
must be methane and must be adjusted to plus or minus 5 percent.
produce flame lengths of 1 inch (25 mm). (3) As noted in paragraph (b)(2) of this part
(iii) Optional Fourteen-Hole Upper Pilot IV, thermopile hot junctions must be cleared
Burner. This burner may be used in lieu of of soot deposits as needed to maintain the
the standard three-hole burner described in calibrated sensitivity.
paragraph (b)(8)(ii) of this part IV. The pilot (d) Preparation of Test Specimens. (1) The
burner must be a straight length of .25 inch test specimens must be representative of the
(6.3 mm) O.D., .03 inch (0.8 mm) wall, stain- aircraft component in regard to materials
lhorne on DSKJLZT7X2PROD with CFR

less steel tubing that is 15.75 inches (400 mm) and construction methods. The standard size
long. One end of the tubing must be closed, for the test specimens is 5.91 ±.03 × 5.91 ±.03
and 14 No. 59 drill holes must be drilled into inches (149 ±1 × 149 ±1 mm). The thickness of

408

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00418 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. F
the specimen must be the same as that of the (4) The specimen must be placed in the
aircraft component it represents up to a hold chamber with the radiation doors
maximum thickness of 1.75 inches (45 mm). closed. The airtight outer door must be se-
Test specimens representing thicker compo- cured, and the recording devices must be
nents must be 1.75 inches (45 mm). started. The specimen must be retained in
(2) Conditioning. Specimens must be condi- the hold chamber for 60 seconds, plus or
tioned as described in Part 1 of this appen- minus 10 seconds, before injection. The ther-
dix. mopile ‘‘zero’’ value must be determined dur-
(3) Mounting. Each test specimen must be ing the last 20 seconds of the hold period.
wrapped tightly on all sides of the specimen, The sample must not be injected before com-
except for the one surface that is exposed pletion of the ‘‘zero’’ value determination.
with a single layer of .001 inch (.025 mm) alu- (5) When the specimen is to be injected, the
minum foil. radiation doors must be opened. After the
(e) Procedure. (1) The power supply to the specimen is injected into the environmental
radiant panel must be set to produce a radi- chamber, the radiation doors must be closed
ant flux of 3.5 ±.05 W/cm2, as measured at the behind the specimen.
point the center of the specimen surface will (6) [Reserved]
occupy when positioned for the test. The ra-
(7) Injection of the specimen and closure of
diant flux must be measured after the air
the inner door marks time zero. A record of
flow through the equipment is adjusted to
the thermopile output with at least one data
the desired rate.
(2) After the pilot flames are lighted, their point per second must be made during the
position must be checked as described in time the specimen is in the environmental
paragraph (b)(8) of this part IV. chamber.
(3) Air flow through the apparatus must be (8) The test duration is five minutes. The
controlled by a circular plate orifice located lower pilot burner and the upper pilot burner
in a 1.5 inch (38.1 mm) I.D. pipe with two must remain lighted for the entire duration
pressure measuring points, located 1.5 inches of the test, except that there may be inter-
(38 mm) upstream and .75 inches (19 mm) mittent flame extinguishment for periods
downstream of the orifice plate. The pipe that do not exceed 3 seconds. Furthermore, if
must be connected to a manometer set at a the optional three-hole upper burner is used,
pressure differential of 7.87 inches (200 mm) at least two flamelets must remain lighted
of Hg. (See Figure 1B of this part IV.) The for the entire duration of the test, except
total air flow to the equipment is approxi- that there may be intermittent flame extin-
mately .04 m3/seconds. The stop on the guishment of all three flamelets for periods
vertical specimen holder rod must be ad- that do not exceed 3 seconds.
justed so that the exposed surface of the (9) A minimum of three specimens must be
specimen is positioned 3.9 inches (100 mm) tested.
from the entrance when injected into the en- (f) Calculations. (1) The calibration factor is
vironmental chamber. calculated as follows:

Kh =
(F1 − FO ) × (210.8 − 22)k cal × 273 × P − Pv × mole CH 4STP × WATT min × kw
(V1 − VO ) mole Ta 760 22.41 .01433kcal 1000w

F0 = flow of methane at baseline (1pm) Kh = calibration factor (kw/mv)


F1 = higher preset flow of methane (1pm)
V0 = thermopile voltage at baseline (mv) (3) The integral of the heat release rate is
V1 = thermopile voltage at higher flow (mv) the total heat release as a function of time
Ta = Ambient temperature (K) and is calculated by multiplying the rate by
P = Ambient pressure (mm Hg) the data sampling frequency in minutes and
Pv = Water vapor pressure (mm Hg) summing the time from zero to two minutes.
(g) Criteria. The total positive heat release
(2) Heat release rates may be calculated
over the first two minutes of exposure for
from the reading of the thermopile output
voltage at any instant of time as: each of the three or more samples tested
must be averaged, and the peak heat release

HRR =
(Vm − Vb )K n rate for each of the samples must be aver-
aged. The average total heat release must
2 not exceed 65 kilowatt-minutes per square
.02323m meter, and the average peak heat release
ER02FE95.006</MATH>
lhorne on DSKJLZT7X2PROD with CFR

HRR = heat release rate (kw/m2) rate must not exceed 65 kilowatts per square
Vb = baseline voltage (mv) meter.
Vm = measured thermopile voltage (mv)

409
EC28SE91.072</MATH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00419 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. F 14 CFR Ch. I (1–1–22 Edition)
(h) Report. The test report must include (4) If melting, sagging, delaminating, or
the following for each specimen tested: other behavior that affects the exposed sur-
(1) Description of the specimen. face area or the mode of burning occurs,
(2) Radiant heat flux to the specimen, ex- these behaviors must be reported, together
pressed in W/cm2. with the time at which such behaviors were
(3) Data giving release rates of heat (in kW/ observed.
m2 ) as a function of time, either graphically (5) The peak heat release and the 2-minute
or tabulated at intervals no greater than 10
integrated heat release rate must be re-
seconds. The calibration factor (kn) must be
ported.
recorded.
lhorne on DSKJLZT7X2PROD with CFR

410

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00420 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. F
FIGURES TO PART IV OF APPENDIX F
lhorne on DSKJLZT7X2PROD with CFR

411
ER02FE95.004</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00421 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Pt. 25, App. F 14 CFR Ch. I (1–1–22 Edition)
lhorne on DSKJLZT7X2PROD with CFR

412
ER02FE95.005</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00422 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. F
lhorne on DSKJLZT7X2PROD with CFR

413
EC28SE91.073</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00423 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Pt. 25, App. F 14 CFR Ch. I (1–1–22 Edition)
lhorne on DSKJLZT7X2PROD with CFR

414
EC28SE91.074</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00424 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. F
lhorne on DSKJLZT7X2PROD with CFR

415
EC28SE91.075</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00425 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Pt. 25, App. F 14 CFR Ch. I (1–1–22 Edition)
lhorne on DSKJLZT7X2PROD with CFR

416
EC28SE91.076</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00426 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. F

Part V. Test Method To Determine the Smoke Part VI—Test Method To Determine the Flam-
Emission Characteristics of Cabin Materials mability and Flame Propagation Characteris-
tics of Thermal/Acoustic Insulation Mate-
(a) Summary of Method. The specimens rials
must be constructed, conditioned, and tested
in the flaming mode in accordance with Use this test method to evaluate the flam-
American Society of Testing and Materials mability and flame propagation characteris-
(ASTM) Standard Test Method ASTM F814– tics of thermal/acoustic insulation when ex-
posed to both a radiant heat source and a
83.
flame.
(b) Acceptance Criteria. The specific optical (a) Definitions.
smoke density (Ds), which is obtained by ‘‘Flame propagation’’ means the furthest
averaging the reading obtained after 4 min- distance of the propagation of visible flame
utes with each of the three specimens, shall towards the far end of the test specimen,
not exceed 200. measured from the midpoint of the ignition
source flame. Measure this distance after
initially applying the ignition source and be-
lhorne on DSKJLZT7X2PROD with CFR

fore all flame on the test specimen is extin-


guished. The measurement is not a deter-
mination of burn length made after the test.

417
EC28SE91.077</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00427 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. F 14 CFR Ch. I (1–1–22 Edition)
‘‘Radiant heat source’’ means an electric material encapsulated by a film covering and
or air propane panel. foams.
‘‘Thermal/acoustic insulation’’ means a ‘‘Zero point’’ means the point of applica-
material or system of materials used to pro- tion of the pilot burner to the test specimen.
vide thermal and/or acoustic protection. Ex- (b) Test apparatus.
amples include fiberglass or other batting

(1) Radiant panel test chamber. Conduct window to provide access to the movable
tests in a radiant panel test chamber (see specimen platform holder. The bottom of the
figure 1 above). Place the test chamber under test chamber must be a sliding steel plat-
an exhaust hood to facilitate clearing the form that has provision for securing the test
chamber of smoke after each test. The radi- specimen holder in a fixed and level position.
ant panel test chamber must be an enclosure The chamber must have an internal chimney
55 inches (1397 mm) long by 19.5 (495 mm) with exterior dimensions of 5.1 inches (129
deep by 28 (710 mm) to 30 inches (maximum) mm) wide, by 16.2 inches (411 mm) deep by 13
(762 mm) above the test specimen. Insulate
inches (330 mm) high at the opposite end of
the sides, ends, and top with a fibrous ce-
ramic insulation, such as Kaowool M TM the chamber from the radiant energy source.
board. On the front side, provide a 52 by 12- The interior dimensions must be 4.5 inches
inch (1321 by 305 mm) draft-free, high-tem- (114 mm) wide by 15.6 inches (395 mm) deep.
perature, glass window for viewing the sam- The chimney must extend to the top of the
ple during testing. Place a door below the chamber (see figure 2).
lhorne on DSKJLZT7X2PROD with CFR

418
ER31JY03.003</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00428 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. F

(2) Radiant heat source. Mount the radiant temperatures up to 1300 °F (704 °C). An air
heat energy source in a cast iron frame or propane panel must be made of a porous re-
equivalent. An electric panel must have six, fractory material and have a radiation sur-
3-inch wide emitter strips. The emitter strips face of 12 by 18 inches (305 by 457 mm). The
must be perpendicular to the length of the panel must be capable of operating at tem-
panel. The panel must have a radiation sur- peratures up to 1,500 °F (816 °C). See figures 3a
face of 127⁄8 by 181⁄2 inches (327 by 470 mm). and 3b.
The panel must be capable of operating at
lhorne on DSKJLZT7X2PROD with CFR

419
ER31JY03.004</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00429 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. F 14 CFR Ch. I (1–1–22 Edition)
lhorne on DSKJLZT7X2PROD with CFR

420
ER31JY03.005</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00430 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. F

(i) Electric radiant panel. The radiant panel (3) Specimen holding system. (i) The sliding
must be 3-phase and operate at 208 volts. A platform serves as the housing for test speci-
single-phase, 240 volt panel is also accept- men placement. Brackets may be attached
able. Use a solid-state power controller and (via wing nuts) to the top lip of the platform
microprocessor-based controller to set the in order to accommodate various thicknesses
electric panel operating parameters. of test specimens. Place the test specimens
(ii) Gas radiant panel. Use propane (liquid on a sheet of Kaowool M TM board or 1260
petroleum gas—2.1 UN 1075) for the radiant Standard Board (manufactured by Thermal
Ceramics and available in Europe), or equiv-
panel fuel. The panel fuel system must con-
alent, either resting on the bottom lip of the
sist of a venturi-type aspirator for mixing
sliding platform or on the base of the brack-
gas and air at approximately atmospheric
ets. It may be necessary to use multiple
pressure. Provide suitable instrumentation sheets of material based on the thickness of
for monitoring and controlling the flow of the test specimen (to meet the sample height
fuel and air to the panel. Include an air flow requirement). Typically, these non-combus-
gauge, an air flow regulator, and a gas pres- tible sheets of material are available in 1⁄4
sure gauge. inch (6 mm) thicknesses. See figure 4. A slid-
(iii) Radiant panel placement. Mount the ing platform that is deeper than the 2-inch
panel in the chamber at 30° to the horizontal (50.8mm) platform shown in figure 4 is also
specimen plane, and 71⁄2 inches above the zero acceptable as long as the sample height re-
point of the specimen. quirement is met.
lhorne on DSKJLZT7X2PROD with CFR

421
ER31JY03.006</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00431 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. F 14 CFR Ch. I (1–1–22 Edition)

(ii) Attach a 1⁄2 inch (13 mm) piece of (iii) Place the test specimen horizontally
Kaowool M TM board or other high tempera- on the non-combustible board(s). Place a
ture material measuring 411⁄2 by 81⁄4 inches steel retaining/securing frame fabricated of
(1054 by 210 mm) to the back of the platform. mild steel, having a thickness of 1⁄8 inch (3.2
This board serves as a heat retainer and pro- mm) and overall dimensions of 23 by 131⁄8
tects the test specimen from excessive inches (584 by 333 mm) with a specimen open-
preheating. The height of this board must ing of 19 by 103⁄4 inches (483 by 273 mm) over
not impede the sliding platform movement the test specimen. The front, back, and right
(in and out of the test chamber). If the plat- portions of the top flange of the frame must
form has been fabricated such that the back rest on the top of the sliding platform, and
side of the platform is high enough to pre- the bottom flanges must pinch all 4 sides of
vent excess preheating of the specimen when the test specimen. The right bottom flange
the sliding platform is out, a retainer board must be flush with the sliding platform. See
is not necessary. figure 5.
lhorne on DSKJLZT7X2PROD with CFR

422
ER31JY03.007</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00432 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. F

(4) Pilot Burner. The pilot burner used to (19 mm). A 3⁄4 inch (19 mm) guide (such as a
ignite the specimen must be a thin strip of metal) may be soldered to the
Bernzomatic TM commercial propane venturi top of the burner to aid in setting the flame
torch with an axially symmetric burner tip height. The overall flame length must be ap-
and a propane supply tube with an orifice di- proximately 5 inches long (127 mm). Provide
ameter of 0.006 inches (0.15 mm). The length a way to move the burner out of the ignition
of the burner tube must be 27⁄8 inches (71 position so that the flame is horizontal and
mm). The propane flow must be adjusted via at least 2 inches (50 mm) above the specimen
gas pressure through an in-line regulator to plane. See figure 6.
lhorne on DSKJLZT7X2PROD with CFR

produce a blue inner cone length of 3⁄4 inch

423
ER31JY03.008</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00433 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. F 14 CFR Ch. I (1–1–22 Edition)

(5) Thermocouples. Install a 24 American (E) The graphite plate must be electrically
Wire Gauge (AWG) Type K (Chromel-Alumel) heated, have a clear surface area on each
thermocouple in the test chamber for tem- side of the plate of at least 2 by 2 inches (51
perature monitoring. Insert it into the by 51 mm), and be 1⁄8 inch ±1⁄16 inch thick (3.2
chamber through a small hole drilled ±1.6 mm).
through the back of the chamber. Place the (F) Center the 2 transducers on opposite
thermocouple so that it extends 11 inches sides of the plates at equal distances from
(279 mm) out from the back of the chamber the plate.
wall, 111⁄2 inches (292 mm) from the right side (G) The distance of the calorimeter to the
of the chamber wall, and is 2 inches (51 mm) plate must be no less than 0.0625 inches (1.6
below the radiant panel. The use of other mm), nor greater than 0.375 inches (9.5 mm).
thermocouples is optional. (H) The range used in calibration must be
(6) Calorimeter. The calorimeter must be a at least 0–3.5 BTUs/ft2 second (0–3.9 Watts/
one-inch cylindrical water-cooled, total heat cm2) and no greater than 0–5.7 BTUs/ft2 sec-
flux density, foil type Gardon Gage that has ond (0–6.4 Watts/cm2).
a range of 0 to 5 BTU/ft2-second (0 to 5.7 (I) The recording device used must record
Watts/cm2). the 2 transducers simultaneously or at least
(7) Calorimeter calibration specification and within 1⁄10 of each other.
procedure. (8) Calorimeter fixture. With the sliding plat-
(i) Calorimeter specification. form pulled out of the chamber, install the
(A) Foil diameter must be 0.25 ±0.005 inches calorimeter holding frame and place a sheet
(6.35 ±0.13 mm). of non-combustible material in the bottom
of the sliding platform adjacent to the hold-
(B) Foil thickness must be 0.0005 ±0.0001
ing frame. This will prevent heat losses dur-
inches (0.013 ±0.0025 mm).
ing calibration. The frame must be 131⁄8
(C) Foil material must be thermocouple inches (333 mm) deep (front to back) by 8
grade Constantan. inches (203 mm) wide and must rest on the
(D) Temperature measurement must be a top of the sliding platform. It must be fab-
Copper Constantan thermocouple. ricated of 1⁄8 inch (3.2 mm) flat stock steel
(E) The copper center wire diameter must and have an opening that accommodates a 1⁄2
be 0.0005 inches (0.013 mm). inch (12.7 mm) thick piece of refractory
(F) The entire face of the calorimeter must board, which is level with the top of the slid-
be lightly coated with ‘‘Black Velvet’’ paint ing platform. The board must have three 1-
having an emissivity of 96 or greater. inch (25.4 mm) diameter holes drilled
(ii) Calorimeter calibration. (A) The calibra- through the board for calorimeter insertion.
tion method must be by comparison to a like The distance to the radiant panel surface
standardized transducer. from the centerline of the first hole (‘‘zero’’
(B) The standardized transducer must meet position) must be 71⁄2 ±1⁄8 inches (191 ±3 mm).
the specifications given in paragraph VI(b)(6) The distance between the centerline of the
of this appendix. first hole to the centerline of the second hole
(C) Calibrate the standard transducer must be 2 inches (51 mm). It must also be the
against a primary standard traceable to the same distance from the centerline of the sec-
National Institute of Standards and Tech- ond hole to the centerline of the third hole.
nology (NIST).
lhorne on DSKJLZT7X2PROD with CFR

See figure 7. A calorimeter holding frame


(D) The method of transfer must be a heat- that differs in construction is acceptable as
ed graphite plate. long as the height from the centerline of the

424
ER31JY03.009</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00434 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. F
first hole to the radiant panel and the dis-
tance between holes is the same as described
in this paragraph.

(9) Instrumentation. Provide a calibrated re- cover material is over-cut enough to be


cording device with an appropriate range or drawn down the sides without compressing
a computerized data acquisition system to the core material. The fastening means
measure and record the outputs of the calo- should be as continuous as possible along the
rimeter and the thermocouple. The data ac- length of the seams. The specimen thickness
quisition system must be capable of record- must be of the same thickness as installed in
ing the calorimeter output every second dur- the airplane.
ing calibration. (3) Specimen Dimensions. To facilitate prop-
(10) Timing device. Provide a stopwatch or er placement of specimens in the sliding
other device, accurate to ±1 second/hour, to platform housing, cut non-rigid core mate-
measure the time of application of the pilot rials, such as fiberglass, 121⁄2 inches (318mm)
burner flame. wide by 23 inches (584mm) long. Cut rigid
(c) Test specimens. (1) Specimen preparation. materials, such as foam, 111⁄2 ±1⁄4 inches (292
Prepare and test a minimum of three test mm ±6mm) wide by 23 inches (584mm) long in
specimens. If an oriented film cover material order to fit properly in the sliding platform
is used, prepare and test both the warp and housing and provide a flat, exposed surface
fill directions. equal to the opening in the housing.
(2) Construction. Test specimens must in- (d) Specimen conditioning. Condition the
clude all materials used in construction of test specimens at 70 ±5 °F (21 ±2 °C) and 55%
the insulation (including batting, film, ±10% relative humidity, for a minimum of 24
scrim, tape etc.). Cut a piece of core material hours prior to testing.
such as foam or fiberglass, and cut a piece of (e) Apparatus Calibration. (1) With the slid-
film cover material (if used) large enough to ing platform out of the chamber, install the
cover the core material. Heat sealing is the calorimeter holding frame. Push the plat-
preferred method of preparing fiberglass form back into the chamber and insert the
samples, since they can be made without calorimeter into the first hole (‘‘zero’’ posi-
lhorne on DSKJLZT7X2PROD with CFR

compressing the fiberglass (‘‘box sample’’). tion). See figure 7. Close the bottom door lo-
Cover materials that are not heat sealable cated below the sliding platform. The dis-
may be stapled, sewn, or taped as long as the tance from the centerline of the calorimeter

425
ER31JY03.010</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00435 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. F 14 CFR Ch. I (1–1–22 Edition)
to the radiant panel surface at this point up to 1 hour). The pilot burner must be off
must be 7.1⁄2 inches ±1⁄8 (191 mm ±3). Prior to and in the down position during this time.
igniting the radiant panel, ensure that the (3) After steady-state conditions have been
calorimeter face is clean and that there is reached, move the calorimeter 2 inches (51
water running through the calorimeter. mm) from the ‘‘zero’’ position (first hole) to
(2) Ignite the panel. Adjust the fuel/air position 1 and record the heat flux. Move the
mixture to achieve 1.5 BTUs/ft2-second ±5% calorimeter to position 2 and record the heat
(1.7 Watts/cm2 ±5%) at the ‘‘zero’’ position. If flux. Allow enough time at each position for
using an electric panel, set the power con- the calorimeter to stabilize. Table 1 depicts
troller to achieve the proper heat flux. Allow typical calibration values at the three posi-
the unit to reach steady state (this may take tions.
TABLE 1—CALIBRATION TABLE
Position BTU’s/ft2sec Watts/cm2

‘‘Zero’’ Position ...................................................................................................... 1.5 1.7


Position 1 ............................................................................................................... 1.51–1.50–1.49 1.71–1.70–1.69
Position 2 ............................................................................................................... 1.43–1.44 1.62–1.63

(4) Open the bottom door, remove the calo- make a slit in the film cover to purge any air
rimeter and holder fixture. Use caution as inside. This allows the operator to maintain
the fixture is very hot. the proper test specimen position (level with
(f) Test Procedure. (1) Ignite the pilot burn- the top of the platform) and to allow ventila-
er. Ensure that it is at least 2 inches (51 mm) tion of gases during testing. A longitudinal
above the top of the platform. The burner slit, approximately 2 inches (51mm) in
must not contact the specimen until the test length, must be centered 3 inches ±1⁄2 inch
begins. (76mm±13mm) from the left flange of the se-
(2) Place the test specimen in the sliding curing frame. A utility knife is acceptable
platform holder. Ensure that the test sample for slitting the film cover.
surface is level with the top of the platform. (4) Immediately push the sliding platform
At ‘‘zero’’ point, the specimen surface must into the chamber and close the bottom door.
be 71⁄2 inches ±1⁄8 inch (191 mm ±3) below the (5) Bring the pilot burner flame into con-
radiant panel. tact with the center of the specimen at the
(3) Place the retaining/securing frame over ‘‘zero’’ point and simultaneously start the
the test specimen. It may be necessary (due timer. The pilot burner must be at a 27°
to compression) to adjust the sample (up or angle with the sample and be approximately
down) in order to maintain the distance from 1⁄2 inch (12 mm) above the sample. See figure

the sample to the radiant panel (71⁄2 inches 7. A stop, as shown in figure 8, allows the op-
±1⁄8 inch (191 mm±3) at ‘‘zero’’ position). With erator to position the burner correctly each
film/fiberglass assemblies, it is critical to time.
lhorne on DSKJLZT7X2PROD with CFR

426

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00436 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. F

(6) Leave the burner in position for 15 sec- to the left of the centerline of the pilot
onds and then remove to a position at least flame application.
2 inches (51 mm) above the specimen. (2) The flame time after removal of the
(g) Report. (1) Identify and describe the pilot burner may not exceed 3 seconds on any
test specimen. specimen.
(2) Report any shrinkage or melting of the Part VII—Test Method To Determine the
test specimen. Burnthrough Resistance of Thermal/Acoustic
(3) Report the flame propagation distance. Insulation Materials
If this distance is less than 2 inches, report
this as a pass (no measurement required). Use the following test method to evaluate
the burnthrough resistance characteristics
(4) Report the after-flame time.
lhorne on DSKJLZT7X2PROD with CFR

of aircraft thermal/acoustic insulation mate-


(h) Requirements. (1) There must be no
rials when exposed to a high intensity open
flame propagation beyond 2 inches (51 mm) flame.

427
ER31JY03.011</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00437 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. F 14 CFR Ch. I (1–1–22 Edition)
(a) Definitions. the test rig, at an angle of 30° with respect to
Burnthrough time means the time, in sec- vertical.
onds, for the burner flame to penetrate the Specimen set means two insulation blanket
test specimen, and/or the time required for specimens. Both specimens must represent
the heat flux to reach 2.0 Btu/ft2sec (2.27 W/ the same production insulation blanket con-
cm2) on the inboard side, at a distance of 12 struction and materials, proportioned to cor-
inches (30.5 cm) from the front surface of the respond to the specimen size.
insulation blanket test frame, whichever is
(b) Apparatus. (1) The arrangement of the
sooner. The burnthrough time is measured at
test apparatus is shown in figures 1 and 2 and
the inboard side of each of the insulation
blanket specimens. must include the capability of swinging the
Insulation blanket specimen means one of burner away from the test specimen during
two specimens positioned in either side of warm-up.
lhorne on DSKJLZT7X2PROD with CFR

428

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00438 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. F

(2) Test burner. The test burner must be a eters such as fuel pressure, nozzle depth, sta-
modified gun-type such as the Park Model tor position, and intake airflow must be
lhorne on DSKJLZT7X2PROD with CFR

DPL 3400. Flame characteristics are highly properly adjusted to achieve the correct
dependent on actual burner setup. Param- flame output.

429
ER31JY03.012</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00439 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. F 14 CFR Ch. I (1–1–22 Edition)

(i) Nozzle. A nozzle must maintain the fuel (ii) Fuel Rail. The fuel rail must be ad-
pressure to yield a nominal 6.0 gal/hr (0.378 L/ justed to position the fuel nozzle at a depth
min) fuel flow. A Monarch-manufactured 80° of 0.3125 inch (8 mm) from the end plane of
PL (hollow cone) nozzle nominally rated at the exit stator, which must be mounted in
6.0 gal/hr at 100 lb/in2 (0.71 MPa) delivers a the end of the draft tube.
lhorne on DSKJLZT7X2PROD with CFR

proper spray pattern. (iii) Internal Stator. The internal stator, lo-
cated in the middle of the draft tube, must

430
ER31JY03.013</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00440 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. F
be positioned at a depth of 3.75 inches (95 (vi) Fuel. Use JP–8, Jet A, or their inter-
mm) from the tip of the fuel nozzle. The sta- national equivalent, at a flow rate of 6.0 ±0.2
tor must also be positioned such that the in- gal/hr (0.378 ±0.0126 L/min). If this fuel is un-
tegral igniters are located at an angle mid- available, ASTM K2 fuel (Number 2 grade
way between the 10 and 11 o’clock position, kerosene) or ASTM D2 fuel (Number 2 grade
when viewed looking into the draft tube. fuel oil or Number 2 diesel fuel) are accept-
Minor deviations to the igniter angle are ac- able if the nominal fuel flow rate, tempera-
ceptable if the temperature and heat flux re-
ture, and heat flux measurements conform to
quirements conform to the requirements of
the requirements of paragraph VII(e) of this
paragraph VII(e) of this appendix.
(iv) Blower Fan. The cylindrical blower fan appendix.
used to pump air through the burner must (vii) Fuel pressure regulator. Provide a fuel
measure 5.25 inches (133 mm) in diameter by pressure regulator, adjusted to deliver a
3.5 inches (89 mm) in width. nominal 6.0 gal/hr (0.378 L/min) flow rate. An
(v) Burner cone. Install a 12 + 0.125-inch (305 operating fuel pressure of 100 lb/in2 (0.71
±3 mm) burner extension cone at the end of MPa) for a nominally rated 6.0 gal/hr 80°
the draft tube. The cone must have an open- spray angle nozzle (such as a PL type) deliv-
ing 6 ±0.125-inch (152 ±3 mm) high and 11 ers 6.0 ±0.2 gal/hr (0.378 ±0.0126 L/min).
±0.125-inch (280 ±3 mm) wide (see figure 3).
lhorne on DSKJLZT7X2PROD with CFR

431

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00441 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. F 14 CFR Ch. I (1–1–22 Edition)

(3) Calibration rig and equipment. (i) Con- perature. Position the calibration rigs to
struct individual calibration rigs to incor- allow movement of the burner from the test
lhorne on DSKJLZT7X2PROD with CFR

porate a calorimeter and thermocouple rake rig position to either the heat flux or tem-
for the measurement of heat flux and tem- perature position with minimal difficulty.

432
ER31JY03.014</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00442 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. F
(ii) Calorimeter. The calorimeter must be a ±3 mm) by 0.75 ±0.125 inch (19 mm ±3 mm)
total heat flux, foil type Gardon Gage of an thick insulating block which is attached to
appropriate range such as 0–20 Btu/ft 2-sec (0– the heat flux calibration rig during calibra-
22.7 W/cm 2), accurate to ±3% of the indicated tion (figure 4). Monitor the insulating block
reading. The heat flux calibration method for deterioration and replace it when nec-
must be in accordance with paragraph essary. Adjust the mounting as necessary to
VI(b)(7) of this appendix. ensure that the calorimeter face is parallel
(iii) Calorimeter mounting. Mount the calo- to the exit plane of the test burner cone.
rimeter in a 6- by 12- ±0.125 inch (152- by 305-
lhorne on DSKJLZT7X2PROD with CFR

433

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00443 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. F 14 CFR Ch. I (1–1–22 Edition)
lhorne on DSKJLZT7X2PROD with CFR

434
ER31JY03.015</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00444 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. F

(iv) Thermocouples. Provide seven 1⁄8-inch Wire Gauge (AWG) size conductor for cali-
(3.2 mm) ceramic packed, metal sheathed, bration. Attach the thermocouples to a steel
lhorne on DSKJLZT7X2PROD with CFR

type K (Chromel-alumel), grounded junction angle bracket to form a thermocouple rake


thermocouples with a nominal 24 American

435
ER31JY03.016</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00445 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. F 14 CFR Ch. I (1–1–22 Edition)
for placement in the calibration rig during inch (3.2 mm) thick steel as shown in figure
burner calibration (figure 5). 1, except for the center vertical former,
(v) Air velocity meter. Use a vane-type air which should be 1⁄4-inch (6.4 mm) thick to
velocity meter to calibrate the velocity of minimize warpage. The specimen mounting
air entering the burner. An Omega Engineer- frame stringers (horizontal) should be bolted
ing Model HH30A is satisfactory. Use a suit- to the test frame formers (vertical) such that
able adapter to attach the measuring device the expansion of the stringers will not cause
to the inlet side of the burner to prevent air
the entire structure to warp. Use the mount-
from entering the burner other than through
ing frame for mounting the two insulation
the measuring device, which would produce
erroneously low readings. Use a flexible duct, blanket test specimens as shown in figure 2.
measuring 4 inches wide (102 mm) by 20 feet (5) Backface calorimeters. Mount two total
long (6.1 meters), to supply fresh air to the heat flux Gardon type calorimeters behind
burner intake to prevent damage to the air the insulation test specimens on the back
velocity meter from ingested soot. An op- side (cold) area of the test specimen mount-
tional airbox permanently mounted to the ing frame as shown in figure 6. Position the
burner intake area can effectively house the calorimeters along the same plane as the
air velocity meter and provide a mounting burner cone centerline, at a distance of 4
port for the flexible intake duct. inches (102 mm) from the vertical centerline
(4) Test specimen mounting frame. Make the of the test frame.
mounting frame for the test specimens of 1⁄8-
lhorne on DSKJLZT7X2PROD with CFR

436

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00446 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. F

(i) The calorimeters must be a total heat The heat flux calibration method must com-
flux, foil type Gardon Gage of an appropriate ply with paragraph VI(b)(7) of this appendix.
range such as 0–5 Btu/ft2-sec (0–5.7 W/cm2),
lhorne on DSKJLZT7X2PROD with CFR

accurate to ±3% of the indicated reading.

437
ER31JY03.017</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00447 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. F 14 CFR Ch. I (1–1–22 Edition)
(6) Instrumentation. Provide a recording po- (i) Fire barrier material. If the insulation
tentiometer or other suitable calibrated in- blanket is constructed with a fire barrier
strument with an appropriate range to meas- material, place the fire barrier material in a
ure and record the outputs of the calo- manner reflective of the installed arrange-
rimeter and the thermocouples. ment For example, if the material will be
(7) Timing device. Provide a stopwatch or placed on the outboard side of the insulation
other device, accurate to ±1%, to measure material, inside the moisture film, place it
the time of application of the burner flame the same way in the test specimen.
and burnthrough time. (ii) Insulation material. Blankets that uti-
(8) Test chamber. Perform tests in a suitable lize more than one variety of insulation
chamber to reduce or eliminate the possi- (composition, density, etc.) must have speci-
bility of test fluctuation due to air move- men sets constructed that reflect the insula-
ment. The chamber must have a minimum tion combination used. If, however, several
floor area of 10 by 10 feet (305 by 305 cm). blanket types use similar insulation com-
(i) Ventilation hood. Provide the test cham- binations, it is not necessary to test each
ber with an exhaust system capable of re- combination if it is possible to bracket the
moving the products of combustion expelled various combinations.
during tests. (iii) Moisture barrier film. If a production
(c) Test Specimens. (1) Specimen preparation. blanket construction utilizes more than one
Prepare a minimum of three specimen sets of type of moisture barrier film, perform sepa-
the same construction and configuration for rate tests on each combination. For example,
testing. if a polyimide film is used in conjunction
(2) Insulation blanket test specimen. with an insulation in order to enhance the
(i) For batt-type materials such as fiber- burnthrough capabilities, also test the same
glass, the constructed, finished blanket spec- insulation when used with a polyvinyl fluo-
imen assemblies must be 32 inches wide by 36 ride film.
inches long (81.3 by 91.4 cm), exclusive of (iv) Installation on test frame. Attach the
heat sealed film edges. blanket test specimens to the test frame
(ii) For rigid and other non-conforming using 12 steel spring type clamps as shown in
types of insulation materials, the finished figure 7. Use the clamps to hold the blankets
test specimens must fit into the test rig in in place in both of the outer vertical
such a manner as to replicate the actual in- formers, as well as the center vertical former
service installation. (4 clamps per former). The clamp surfaces
(3) Construction. Make each of the speci- should measure 1 inch by 2 inches (25 by 51
mens tested using the principal components mm). Place the top and bottom clamps 6
(i.e., insulation, fire barrier material if used, inches (15.2 cm) from the top and bottom of
and moisture barrier film) and assembly the test frame, respectively. Place the mid-
processes (representative seams and clo- dle clamps 8 inches (20.3 cm) from the top
sures). and bottom clamps.
lhorne on DSKJLZT7X2PROD with CFR

438

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00448 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. F

(Note: For blanket materials that cannot blower. Measure the airflow of the test
be installed in accordance with figure 7 chamber using a vane anemometer or equiv-
above, the blankets must be installed in a alent measuring device. The vertical air ve-
manner approved by the FAA.) locity just behind the top of the upper insu-
(v) Conditioning. Condition the specimens lation blanket test specimen must be 100 ±50
at 70° ±5 °F (21° ±2 °C) and 55% ±10% relative ft/min (0.51 ±0.25 m/s). The horizontal air ve-
humidity for a minimum of 24 hours prior to locity at this point must be less than 50 ft/
testing. min (0.25 m/s).
(d) Preparation of apparatus. (1) Level and (3) If a calibrated flow meter is not avail-
center the frame assembly to ensure align- able, measure the fuel flow rate using a grad-
ment of the calorimeter and/or thermocouple uated cylinder of appropriate size. Turn on
rake with the burner cone.
lhorne on DSKJLZT7X2PROD with CFR

the burner motor/fuel pump, after insuring


(2) Turn on the ventilation hood for the that the igniter system is turned off. Collect
test chamber. Do not turn on the burner the fuel via a plastic or rubber tube into the

439
ER31JY03.018</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00449 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. F 14 CFR Ch. I (1–1–22 Edition)
graduated cylinder for a 2-minute period. De- rimeter face. Ensure that the horizontal cen-
termine the flow rate in gallons per hour. terline of the burner cone is offset 1 inch
The fuel flow rate must be 6.0 ±0.2 gallons per below the horizontal centerline of the calo-
hour (0.378 ±0.0126 L/min). rimeter (figure 8). Without disturbing the
(e) Calibration. (1) Position the burner in calorimeter position, rotate the burner in
front of the calorimeter so that it is centered front of the thermocouple rake, such that
and the vertical plane of the burner cone exit the middle thermocouple (number 4 of 7) is
is 4 ±0.125 inches (102 ±3 mm) from the calo- centered on the burner cone.
lhorne on DSKJLZT7X2PROD with CFR

440
ER31JY03.019</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00450 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. F
Ensure that the horizontal centerline of the average temperature of each thermo-
the burner cone is also offset 1 inch below couple over this 30-second period and record.
the horizontal centerline of the thermo- The average temperature of each of the 7
couple tips. Re-check measurements by ro- thermocouples should be 1900 °F ±100 °F (1038
tating the burner to each position to ensure ±56 °C).
proper alignment between the cone and the (6) If either the heat flux or the tempera-
calorimeter and thermocouple rake. (Note: tures are not within the specified range, ad-
The test burner mounting system must in-
just the burner intake air velocity and re-
corporate ‘‘detents’’ that ensure proper cen-
tering of the burner cone with respect to peat the procedures of paragraphs (4) and (5)
both the calorimeter and the thermocouple above to obtain the proper values. Ensure
rakes, so that rapid positioning of the burner that the inlet air velocity is within the
can be achieved during the calibration proce- range of 2150 ft/min ±50 ft/min (10.92 ±0.25 m/
dure.) s).
(2) Position the air velocity meter in the (7) Calibrate prior to each test until con-
adapter or airbox, making certain that no sistency has been demonstrated. After con-
gaps exist where air could leak around the sistency has been confirmed, several tests
air velocity measuring device. Turn on the may be conducted with calibration con-
blower/motor while ensuring that the fuel so- ducted before and after a series of tests.
lenoid and igniters are off. Adjust the air in- (f) Test procedure. (1) Secure the two insula-
take velocity to a level of 2150 ft/min, (10.92 tion blanket test specimens to the test
m/s) then turn off the blower/motor. (Note: frame. The insulation blankets should be at-
The Omega HH30 air velocity meter meas-
tached to the test rig center vertical former
ures 2.625 inches in diameter. To calculate
using four spring clamps positioned as shown
the intake airflow, multiply the cross-sec-
tional area (0.03758 ft2) by the air velocity in figure 7 (according to the criteria of para-
(2150 ft/min) to obtain 80.80 ft3/min. An air graph paragraph (c)(3)(iv) of this part of this
velocity meter other than the HH30 unit can appendix).
be used, provided the calculated airflow of (2) Ensure that the vertical plane of the
80.80 ft3/min (2.29 m3/min) is equivalent.) burner cone is at a distance of 4 ±0.125 inch
(3) Rotate the burner from the test posi- (102 ±3 mm) from the outer surface of the
tion to the warm-up position. Prior to light- horizontal stringers of the test specimen
ing the burner, ensure that the calorimeter frame, and that the burner and test frame
face is clean of soot deposits, and there is are both situated at a 30° angle with respect
water running through the calorimeter. Ex- to vertical.
amine and clean the burner cone of any evi- (3) When ready to begin the test, direct the
dence of buildup of products of combustion, burner away from the test position to the
soot, etc. Soot buildup inside the burner warm-up position so that the flame will not
cone may affect the flame characteristics impinge on the specimens prematurely. Turn
and cause calibration difficulties. Since the
on and light the burner and allow it to sta-
burner cone may distort with time, dimen-
bilize for 2 minutes.
sions should be checked periodically.
(4) While the burner is still rotated to the (4) To begin the test, rotate the burner into
warm-up position, turn on the blower/motor, the test position and simultaneously start
igniters and fuel flow, and light the burner. the timing device.
Allow it to warm up for a period of 2 min- (5) Expose the test specimens to the burner
utes. Move the burner into the calibration flame for 4 minutes and then turn off the
position and allow 1 minute for calorimeter burner. Immediately rotate the burner out of
stabilization, then record the heat flux once the test position.
every second for a period of 30 seconds. Turn (6) Determine (where applicable) the
off burner, rotate out of position, and allow burnthrough time, or the point at which the
to cool. Calculate the average heat flux over heat flux exceeds 2.0 Btu/ft2-sec (2.27 W/cm2).
this 30-second duration. The average heat (g) Report. (1) Identify and describe the
flux should be 16.0 ±0.8 Btu/ft2 sec (18.2 ±0.9 W/ specimen being tested.
cm2). (2) Report the number of insulation blan-
(5) Position the burner in front of the ther- ket specimens tested.
mocouple rake. After checking for proper
(3) Report the burnthrough time (if any),
alignment, rotate the burner to the warm-up
position, turn on the blower/motor, igniters and the maximum heat flux on the back face
and fuel flow, and light the burner. Allow it of the insulation blanket test specimen, and
to warm up for a period of 2 minutes. Move the time at which the maximum occurred.
the burner into the calibration position and (h) Requirements. (1) Each of the two insula-
allow 1 minute for thermocouple stabiliza- tion blanket test specimens must not allow
tion, then record the temperature of each of fire or flame penetration in less than 4 min-
utes.
lhorne on DSKJLZT7X2PROD with CFR

the 7 thermocouples once every second for a


period of 30 seconds. Turn off burner, rotate (2) Each of the two insulation blanket test
out of position, and allow to cool. Calculate specimens must not allow more than 2.0 Btu/

441

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00451 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. H 14 CFR Ch. I (1–1–22 Edition)
ft2-sec (2.27 W/cm2) on the cold side of the in- (3) Basic control and operation information
sulation specimens at a point 12 inches (30.5 describing how the airplane components and
cm) from the face of the test rig. systems are controlled and how they oper-
ate, including any special procedures and
[Amdt. 25–32, 37 FR 3972, Feb. 24, 1972] limitations that apply.
EDITORIAL NOTE: For FEDERAL REGISTER ci- (4) Servicing information that covers de-
tations affecting appendix F to Part 25, see tails regarding servicing points, capacities of
the List of CFR Sections Affected, which ap- tanks, reservoirs, types of fluids to be used,
pears in the Finding Aids section of the pressures applicable to the various systems,
printed volume and at www.govinfo.gov. location of access panels for inspection and
servicing, locations of lubrication points, lu-
bricants to be used, equipment required for
servicing, tow instructions and limitations,
mooring, jacking, and leveling information.
APPENDIX H TO PART 25—INSTRUCTIONS (b) Maintenance instructions. (1) Scheduling
FOR CONTINUED AIRWORTHINESS information for each part of the airplane and
its engines, auxiliary power units, propellers,
H25.1 General. accessories, instruments, and equipment
(a) This appendix specifies requirements that provides the recommended periods at
for preparation of Instructions for Continued which they should be cleaned, inspected, ad-
Airworthiness as required by §§ 25.1529, justed, tested, and lubricated, and the degree
25.1729, and applicable provisions of parts 21 of inspection, the applicable wear tolerances,
and 26 of this chapter. and work recommended at these periods.
(b) The Instructions for Continued Air- However, the applicant may refer to an ac-
cessory, instrument, or equipment manufac-
worthiness for each airplane must include
turer as the source of this information if the
the Instructions for Continued Airworthiness
applicant shows that the item has an excep-
for each engine and propeller (hereinafter
tionally high degree of complexity requiring
designated ‘‘products’’), for each appliance
specialized maintenance techniques, test
required by this chapter, and any required
equipment, or expertise. The recommended
information relating to the interface of
overhaul periods and necessary cross ref-
those appliances and products with the air-
erences to the Airworthiness Limitations
plane. If Instructions for Continued Air-
section of the manual must also be included.
worthiness are not supplied by the manufac-
In addition, the applicant must include an
turer of an appliance or product installed in inspection program that includes the fre-
the airplane, the Instructions for Continued quency and extent of the inspections nec-
Airworthiness for the airplane must include essary to provide for the continued air-
the information essential to the continued worthiness of the airplane.
airworthiness of the airplane. (2) Troubleshooting information describing
(c) The applicant must submit to the FAA probable malfunctions, how to recognize
a program to show how changes to the In- those malfunctions, and the remedial action
structions for Continued Airworthiness made for those malfunctions.
by the applicant or by the manufacturers or (3) Information describing the order and
products and appliances installed in the air- method of removing and replacing products
plane will be distributed. and parts with any necessary precautions to
H25.2 Format. be taken.
(4) Other general procedural instructions
(a) The Instructions for Continued Air-
including procedures for system testing dur-
worthiness must be in the form of a manual
ing ground running, symmetry checks,
or manuals as appropriate for the quantity
weighing and determining the center of grav-
of data to be provided.
ity, lifting and shoring, and storage limita-
(b) The format of the manual or manuals tions.
must provide for a practical arrangement. (c) Diagrams of structural access plates
H25.3 Content. and information needed to gain access for in-
The contents of the manual or manuals spections when access plates are not pro-
must be prepared in the English language. vided.
The Instructions for Continued Airworthi- (d) Details for the application of special in-
ness must contain the following manuals or spection techniques including radiographic
sections, as appropriate, and information: and ultrasonic testing where such processes
(a) Airplane maintenance manual or section. are specified.
(1) Introduction information that includes an (e) Information needed to apply protective
explanation of the airplane’s features and treatments to the structure after inspection.
data to the extent necessary for mainte- (f) All data relative to structural fasteners
nance or preventive maintenance. such as identification, discard recommenda-
tions, and torque values.
lhorne on DSKJLZT7X2PROD with CFR

(2) A description of the airplane and its


systems and installations including its en- (g) A list of special tools needed.
gines, propellers, and appliances. H25.4 Airworthiness Limitations section.

442

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00452 Fmt 8010 Sfmt 8003 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. I
(a) The Instructions for Continued Air- and back-up hydraulic, mechanical, or elec-
worthiness must contain a section titled Air- trical flight controls and lines.
worthiness Limitations that is segregated (v) Identification of—
and clearly distinguishable from the rest of (A) Tasks, and the intervals for performing
the document. This section must set forth— those tasks, that will reduce the likelihood
(1) Each mandatory modification time, re- of ignition sources and accumulation of com-
placement time, structural inspection inter- bustible material, and
val, and related structural inspection proce- (B) Procedures, and the intervals for per-
dure approved under § 25.571. forming those procedures, that will effec-
(2) Each mandatory replacement time, in- tively clean the EWIS components of com-
spection interval, related inspection proce- bustible material if there is not an effective
dure, and all critical design configuration task to reduce the likelihood of combustible
control limitations approved under § 25.981 material accumulation.
for the fuel tank system. (vi) Instructions for protections and cau-
(3) Any mandatory replacement time of tion information that will minimize con-
EWIS components as defined in section tamination and accidental damage to EWIS,
25.1701. as applicable, during performance of mainte-
(4) A limit of validity of the engineering nance, alteration, or repairs.
data that supports the structural mainte- (2) Acceptable EWIS maintenance prac-
tices in a standard format.
nance program (LOV), stated as a total num-
(3) Wire separation requirements as deter-
ber of accumulated flight cycles or flight
mined under § 25.1707.
hours or both, approved under § 25.571. Until
(4) Information explaining the EWIS iden-
the full-scale fatigue testing is completed
tification method and requirements for iden-
and the FAA has approved the LOV, the
tifying any changes to EWIS under § 25.1711.
number of cycles accumulated by the air-
(5) Electrical load data and instructions for
plane cannot be greater than 1⁄2 the number updating that data.
of cycles accumulated on the fatigue test ar- (b) The EWIS ICA developed in accordance
ticle. with the requirements of H25.5(a)(1) must be
(5) Each mandatory replacement time, in- in the form of a document appropriate for
spection interval, and related inspection and the information to be provided, and they
test procedure, and each critical design con- must be easily recognizable as EWIS ICA.
figuration control limitation for each light- This document must either contain the re-
ning protection feature approved under quired EWIS ICA or specifically reference
§ 25.954. other portions of the ICA that contain this
(b) If the Instructions for Continued Air- information.
worthiness consist of multiple documents,
the section required by this paragraph must [Amdt. 25–54, 45 FR 60177, Sept. 11, 1980, as
be included in the principal manual. This amended by Amdt. 25–68, 54 FR 34329, Aug. 18,
section must contain a legible statement in 1989; Amdt. 25–102, 66 FR 23130, May 7, 2001;
a prominent location that reads: ‘‘The Air- Amdt. 25–123, 72 FR 63408, Nov. 8, 2007; Amdt.
worthiness Limitations section is FAA-ap- 25–132, 75 FR 69782, Nov. 15, 2010; Doc. No.
proved and specifies maintenance required FAA–2014–1027, Amdt. No. 25–146, 83 FR 47557,
under §§ 43.16 and 91.403 of the Federal Avia- Sept. 20, 2018]
tion Regulations, unless an alternative pro-
gram has been FAA approved.’’ APPENDIX I TO PART 25—INSTALLATION
H25.5 Electrical Wiring Interconnection Sys- OF AN AUTOMATIC TAKEOFF THRUST
tem (EWIS) Instructions for Continued Air- CONTROL SYSTEM (ATTCS)
worthiness.
I25.1 General.
(a) The applicant must prepare Instruc-
tions for Continued Airworthiness (ICA) ap- (a) This appendix specifies additional re-
plicable to EWIS as defined by § 25.1701 that quirements for installation of an engine
are approved by the FAA and include the fol- power control system that automatically
lowing: resets thrust or power on operating engine(s)
(1) Maintenance and inspection require- in the event of any one engine failure during
ments for the EWIS developed with the use takeoff.
of an enhanced zonal analysis procedure that (b) With the ATTCS and associated sys-
includes: tems functioning normally as designed, all
(i) Identification of each zone of the air- applicable requirements of Part 25, except as
plane. provided in this appendix, must be met with-
(ii) Identification of each zone that con- out requiring any action by the crew to in-
tains EWIS. crease thrust or power.
(iii) Identification of each zone containing I25.2 Definitions.
EWIS that also contains combustible mate- (a) Automatic Takeoff Thrust Control System
lhorne on DSKJLZT7X2PROD with CFR

rials. (ATTCS). An ATTCS is defined as the entire


(iv) Identification of each zone in which automatic system used on takeoff, including
EWIS is in close proximity to both primary all devices, both mechanical and electrical,

443

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00453 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. I 14 CFR Ch. I (1–1–22 Edition)
that sense engine failure, transmit signals, the minimum performance, all-engine flight
actuate fuel controls or power levers or in- path where, assuming a simultaneous occur-
crease engine power by other means on oper- rence of an engine and ATTCS failure, the
ating engines to achieve scheduled thrust or resulting minimum flight path thereafter
power increases, and furnish cockpit infor- intersects the Part 25 required actual flight
mation on system operation. path at no less than 400 feet above the take-
(b) Critical Time Interval. When conducting off surface. This time interval is shown in
an ATTCS takeoff, the critical time interval the following illustration:
is between V1 minus 1 second and a point on

I25.3 Performance and System Reliability Re- (2) Shall not result in a significant loss or
quirements. reduction in thrust or power, or must be
The applicant must comply with the per- shown to be an extremely improbable event.
formance and ATTCS reliability require- (b) The concurrent existence of an ATTCS
ments as follows: failure and an engine failure during the crit-
(a) An ATTCS failure or a combination of ical time interval must be shown to be ex-
failures in the ATTCS during the critical tremely improbable.
time interval: (c) All applicable performance require-
lhorne on DSKJLZT7X2PROD with CFR

(1) Shall not prevent the insertion of the ments of Part 25 must be met with an engine
maximum approved takeoff thrust or power, or failure occurring at the most critical point
must be shown to be an improbable event.

444
EC28SE91.082</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00454 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. J
during takeoff with the ATTCS system func- tem that is independent of the ATTCS must
tioning. be provided to give the pilot a clear warning
I25.4 Thrust Setting. of any engine failure during takeoff.
The initial takeoff thrust or power setting [Amdt. 25–62, 52 FR 43156, Nov. 9, 1987]
on each engine at the beginning of the take-
off roll may not be less than any of the fol- APPENDIX J TO PART 25—EMERGENCY
lowing: EVACUATION
(a) Ninety (90) percent of the thrust or
power set by the ATTCS (the maximum The following test criteria and procedures
takeoff thrust or power approved for the air- must be used for showing compliance with
plane under existing ambient conditions); § 25.803:
(b) That required to permit normal oper- (a) The emergency evacuation must be con-
ation of all safety-related systems and equip- ducted with exterior ambient light levels of
ment dependent upon engine thrust or power no greater than 0.3 foot-candles prior to the
lever position; or activation of the airplane emergency light-
(c) That shown to be free of hazardous en- ing system. The source(s) of the initial exte-
gine response characteristics when thrust or rior ambient light level may remain active
power is advanced from the initial takeoff or illuminated during the actual demonstra-
thrust or power to the maximum approved tion. There must, however, be no increase in
takeoff thrust or power. the exterior ambient light level except for
I25.5 Powerplant Controls. that due to activation of the airplane emer-
(a) In addition to the requirements of gency lighting system.
§ 25.1141, no single failure or malfunction, or (b) The airplane must be in a normal atti-
probable combination thereof, of the ATTCS, tude with landing gear extended.
including associated systems, may cause the (c) Unless the airplane is equipped with an
failure of any powerplant function necessary off-wing descent means, stands or ramps may
for safety. be used for descent from the wing to the
(b) The ATTCS must be designed to: ground. Safety equipment such as mats or
(1) Apply thrust or power on the operating inverted life rafts may be placed on the floor
engine(s), following any one engine failure or ground to protect participants. No other
during takeoff, to achieve the maximum ap- equipment that is not part of the emergency
proved takeoff thrust or power without ex- evacuation equipment of the airplane may be
ceeding engine operating limits; used to aid the participants in reaching the
(2) Permit manual decrease or increase in ground.
thrust or power up to the maximum takeoff (d) Except as provided in paragraph (a) of
thrust or power approved for the airplane this appendix, only the airplane’s emergency
under existing conditions through the use of lighting system may provide illumination.
the power lever. For airplanes equipped with (e) All emergency equipment required for
limiters that automatically prevent engine the planned operation of the airplane must
operating limits from being exceeded under be installed.
existing ambient conditions, other means (f) Each internal door or curtain must be
may be used to increase the thrust or power in the takeoff configuration.
in the event of an ATTCS failure provided (g) Each crewmember must be seated in
the means is located on or forward of the the normally assigned seat for takeoff and
power levers; is easily identified and oper- must remain in the seat until receiving the
ated under all operating conditions by a sin- signal for commencement of the demonstra-
gle action of either pilot with the hand that tion. Each crewmember must be a person
is normally used to actuate the power levers; having knowledge of the operation of exits
and meets the requirements of § 25.777 (a), and emergency equipment and, if compliance
(b), and (c); with § 121.291 is also being demonstrated,
(3) Provide a means to verify to the each flight attendant must be a member of a
flightcrew before takeoff that the ATTCS is regularly scheduled line crew.
in a condition to operate; and (h) A representative passenger load of per-
(4) Provide a means for the flightcrew to sons in normal health must be used as fol-
deactivate the automatic function. This lows:
means must be designed to prevent inad- (1) At least 40 percent of the passenger load
vertent deactivation. must be female.
I25.6 Powerplant Instruments. (2) At least 35 percent of the passenger load
In addition to the requirements of § 25.1305: must be over 50 years of age.
(a) A means must be provided to indicate (3) At least 15 percent of the passenger load
when the ATTCS is in the armed or ready must be female and over 50 years of age.
condition; and (4) Three life-size dolls, not included as
lhorne on DSKJLZT7X2PROD with CFR

(b) If the inherent flight characteristics of part of the total passenger load, must be car-
the airplane do not provide adequate warn- ried by passengers to simulate live infants 2
ing that an engine has failed, a warning sys- years old or younger.

445

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00455 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. K 14 CFR Ch. I (1–1–22 Edition)
(5) Crewmembers, mechanics, and training (r) The applicant’s approved procedures
personnel, who maintain or operate the air- must be fully utilized, except the flightcrew
plane in the normal course of their duties, must take no active role in assisting others
may not be used as passengers. inside the cabin during the demonstration.
(i) No passenger may be assigned a specific (s) The evacuation time period is com-
seat except as the Administrator may re- pleted when the last occupant has evacuated
quire. Except as required by subparagraph the airplane and is on the ground. Provided
(g) of this paragraph, no employee of the ap- that the acceptance rate of the stand or
plicant may be seated next to an emergency ramp is no greater than the acceptance rate
exit. of the means available on the airplane for de-
(j) Seat belts and shoulder harnesses (as re- scent from the wing during an actual crash
quired) must be fastened. situation, evacuees using stands or ramps al-
(k) Before the start of the demonstration, lowed by paragraph (c) of this appendix are
approximately one-half of the total average considered to be on the ground when they are
amount of carry-on baggage, blankets, pil- on the stand or ramp.
lows, and other similar articles must be dis-
[Amdt. 25–72, 55 FR 29788, July 20, 1990, as
tributed at several locations in aisles and
amended by Amdt. 25–79, Aug. 26, 1993; Amdt.
emergency exit access ways to create minor
25–117, 69 FR 67499, Nov. 17, 2004]
obstructions.
(l) No prior indication may be given to any
crewmember or passenger of the particular
APPENDIX K TO PART 25—EXTENDED
exits to be used in the demonstration. OPERATIONS (ETOPS)
(m) The applicant may not practice, re- This appendix specifies airworthiness re-
hearse, or describe the demonstration for the quirements for the approval of an airplane-
participants nor may any participant have engine combination for extended operations
taken part in this type of demonstration (ETOPS). For two-engine airplanes, the ap-
within the preceding 6 months. plicant must comply with sections K25.1 and
(n) Prior to entering the demonstration K25.2 of this appendix. For airplanes with
aircraft, the passengers may also be advised more than two engines, the applicant must
to follow directions of crewmembers but may comply with sections K25.1 and K25.3 of this
not be instructed on the procedures to be fol- appendix.
lowed in the demonstration, except with re- K25.1 Design requirements.
spect to safety procedures in place for the K25.1.1 Part 25 compliance.
demonstration or which have to do with the The airplane-engine combination must
demonstration site. Prior to the start of the comply with the requirements of part 25 con-
demonstration, the pre-takeoff passenger sidering the maximum flight time and the
briefing required by § 121.571 may be given. longest diversion time for which the appli-
Flight attendants may assign demonstration cant seeks approval.
subjects to assist persons from the bottom of K25.1.2 Human factors.
a slide, consistent with their approved train- An applicant must consider crew workload,
ing program. operational implications, and the crew’s and
(o) The airplane must be configured to pre- passengers’ physiological needs during con-
vent disclosure of the active emergency exits tinued operation with failure effects for the
to demonstration participants in the air- longest diversion time for which it seeks ap-
plane until the start of the demonstration. proval.
(p) Exits used in the demonstration must K25.1.3 Airplane systems.
consist of one exit from each exit pair. The (a) Operation in icing conditions.
demonstration may be conducted with the (1) The airplane must be certificated for
escape slides, if provided, inflated and the operation in icing conditions in accordance
exits open at the beginning of the dem- with § 25.1419.
onstration. In this case, all exits must be (2) The airplane must be able to safely con-
configured such that the active exits are not duct an ETOPS diversion with the most crit-
disclosed to the occupants. If this method is ical ice accretion resulting from:
used, the exit preparation time for each exit (i) Icing conditions encountered at an alti-
utilized must be accounted for, and exits tude that the airplane would have to fly fol-
that are not to be used in the demonstration lowing an engine failure or cabin decompres-
must not be indicated before the demonstra- sion.
tion has started. The exits to be used must (ii) A 15-minute hold in the continuous
be representative of all of the emergency maximum icing conditions specified in Ap-
exits on the airplane and must be designated pendix C of this part with a liquid water con-
by the applicant, subject to approval by the tent factor of 1.0.
Administrator. At least one floor level exit (iii) Ice accumulated during approach and
must be used. landing in the icing conditions specified in
(q) Except as provided in paragraph (c) of Appendix C of this part.
lhorne on DSKJLZT7X2PROD with CFR

this section, all evacuees must leave the air- (b) Electrical power supply. The airplane
plane by a means provided as part of the air- must be equipped with at least three inde-
plane’s equipment. pendent sources of electrical power.

446

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00456 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. K
(c) Time limited systems. The applicant must (c) Engine oil tank design. The engine oil
define the system time capability of each tank filler cap must comply with § 33.71(c)(4)
ETOPS significant system that is time-lim- of this chapter.
ited. K25.1.5 Engine-condition monitoring.
K25.1.4 Propulsion systems. Procedures for engine-condition moni-
(a) Fuel system design. Fuel necessary to toring must be specified and validated in ac-
complete an ETOPS flight (including a diver- cordance with Part 33, Appendix A, para-
sion for the longest time for which the appli- graph A33.3(c) of this chapter.
cant seeks approval) must be available to the K25.1.6 Configuration, maintenance, and
operating engines at the pressure and fuel- procedures.
flow required by § 25.955 under any airplane The applicant must list any configuration,
failure condition not shown to be extremely operating and maintenance requirements,
improbable. Types of failures that must be hardware life limits, MMEL constraints, and
considered include, but are not limited to: ETOPS approval in a CMP document.
crossfeed valve failures, automatic fuel man- K25.1.7 Airplane flight manual.
agement system failures, and normal elec- The airplane flight manual must contain
trical power generation failures. the following information applicable to the
(1) If the engine has been certified for lim- ETOPS type design approval:
ited operation with negative engine-fuel- (a) Special limitations, including any limi-
pump-inlet pressures, the following require- tation associated with operation of the air-
ments apply: plane up to the maximum diversion time
(i) Airplane demonstration-testing must being approved.
cover worst case cruise and diversion condi- (b) Required markings or placards.
tions involving: (c) The airborne equipment required for ex-
(A) Fuel grade and temperature. tended operations and flightcrew operating
(B) Thrust or power variations. procedures for this equipment.
(C) Turbulence and negative G. (d) The system time capability for the fol-
(D) Fuel system components degraded lowing:
within their approved maintenance limits. (1) The most limiting fire suppression sys-
(ii) Unusable-fuel quantity in the suction tem for Class C cargo or baggage compart-
feed configuration must be determined in ac- ments.
cordance with § 25.959. (2) The most limiting ETOPS significant
(2) For two-engine airplanes to be certifi- system other than fire suppression systems
cated for ETOPS beyond 180 minutes, one for Class C cargo or baggage compartments.
fuel boost pump in each main tank and at (e) This statement: ‘‘The type-design reli-
least one crossfeed valve, or other means for ability and performance of this airplane-en-
transferring fuel, must be powered by an gine combination has been evaluated under
independent electrical power source other 14 CFR 25.1535 and found suitable for (iden-
than the three power sources required to tify maximum approved diversion time) ex-
comply with section K25.1.3(b) of this appen- tended operations (ETOPS) when the con-
dix. This requirement does not apply if the figuration, maintenance, and procedures
normal fuel boost pressure, crossfeed valve standard contained in (identify the CMP doc-
actuation, or fuel transfer capability is not ument) are met. The actual maximum ap-
provided by electrical power. proved diversion time for this airplane may
(3) An alert must be displayed to the be less based on its most limiting system
flightcrew when the quantity of fuel avail- time capability. This finding does not con-
able to the engines falls below the level re- stitute operational approval to conduct
quired to fly to the destination. The alert ETOPS.’’
must be given when there is enough fuel re- K25.2. Two-engine airplanes.
maining to safely complete a diversion. This An applicant for ETOPS type design ap-
alert must account for abnormal fuel man- proval of a two-engine airplane must use one
agement or transfer between tanks, and pos- of the methods described in section K25.2.1,
sible loss of fuel. This paragraph does not K25.2.2, or K25.2.3 of this appendix.
apply to airplanes with a required flight en- K25.2.1 Service experience method.
gineer. An applicant for ETOPS type design ap-
(b) APU design. If an APU is needed to com- proval using the service experience method
ply with this appendix, the applicant must must comply with sections K25.2.1(a) and
demonstrate that: K25.2.1(b) of this appendix before conducting
(1) The reliability of the APU is adequate the assessments specified in sections
to meet those requirements; and K25.2.1(c) and K25.2.1(d) of this appendix, and
(2) If it is necessary that the APU be able the flight test specified in section K25.2.1(e)
to start in flight, it is able to start at any al- of this appendix.
titude up to the maximum operating altitude (a) Service experience. The world fleet for
lhorne on DSKJLZT7X2PROD with CFR

of the airplane, or 45,000 feet, whichever is the airplane-engine combination must accu-
lower, and run for the remainder of any mulate a minimum of 250,000 engine-hours.
flight . The FAA may reduce this number of hours if

447

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00457 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. K 14 CFR Ch. I (1–1–22 Edition)
the applicant identifies compensating fac- (F) Weather and other environmental con-
tors that are acceptable to the FAA. The ditions; and
compensating factors may include experi- (G) Cause of engine shutdown or occur-
ence on another airplane, but experience on rence.
the candidate airplane must make up a sig- (ii) A history of unscheduled engine re-
nificant portion of the total service experi- moval rates since introduction into service
ence. (using 6- and 12-month rolling averages),
(b) In-flight shutdown (IFSD) rates. The with a summary of the major causes for the
demonstrated 12-month rolling average IFSD removals.
rate for the world fleet of the airplane-en- (iii) A list of all propulsion system events
gine combination must be commensurate (whether or not caused by maintenance or
with the level of ETOPS approval being flightcrew error), including dispatch delays,
sought. cancellations, aborted takeoffs, turnbacks,
(1) For type design approval up to and in- diversions, and flights that continue to des-
cluding 120 minutes: An IFSD rate of 0.05 or tination after the event.
less per 1,000 world-fleet engine-hours, unless (iv) The total number of engine hours and
otherwise approved by the FAA. Unless the cycles, the number of hours for the engine
IFSD rate is 0.02 or less per 1,000 world-fleet with the highest number of hours, the num-
engine-hours, the applicant must provide a ber of cycles for the engine with the highest
list of corrective actions in the CMP docu- number of cycles, and the distribution of
ment specified in section K25.1.6 of this ap- hours and cycles.
pendix, that, when taken, would result in an (v) The mean time between failures
IFSD rate of 0.02 or less per 1,000 fleet en- (MTBF) of propulsion system components
gine-hours. that affect reliability.
(vi) A history of the IFSD rates since in-
(2) For type design approval up to and in-
troduction into service using a 12-month
cluding 180 minutes: An IFSD rate of 0.02 or
rolling average.
less per 1,000 world-fleet engine-hours, unless
(2) The cause or potential cause of each
otherwise approved by the FAA. If the air-
item listed in K25.2.1(c)(1)(i) must have a cor-
plane-engine combination does not meet this
rective action or actions that are shown to
rate by compliance with an existing 120- be effective in preventing future occur-
minute CMP document, then new or addi- rences. Each corrective action must be iden-
tional CMP requirements that the applicant tified in the CMP document specified in sec-
has demonstrated would achieve this IFSD tion K25.1.6. A corrective action is not re-
rate must be added to the CMP document. quired:
(3) For type design approval beyond 180 (i) For an item where the manufacturer is
minutes: An IFSD rate of 0.01 or less per 1,000 unable to determine a cause or potential
fleet engine-hours unless otherwise approved cause.
by the FAA. If the airplane-engine combina- (ii) For an event where it is technically
tion does not meet this rate by compliance unfeasible to develop a corrective action.
with an existing 120-minute or 180-minute (iii) If the world-fleet IFSD rate—
CMP document, then new or additional CMP (A) Is at or below 0.02 per 1,000 world-fleet
requirements that the applicant has dem- engine-hours for approval up to and includ-
onstrated would achieve this IFSD rate must ing 180-minute ETOPS; or
be added to the CMP document. (B) Is at or below 0.01 per 1,000 world-fleet
(c) Propulsion system assessment. (1) The ap- engine-hours for approval greater than 180-
plicant must conduct a propulsion system minute ETOPS.
assessment based on the following data col- (d) Airplane systems assessment. The appli-
lected from the world-fleet of the airplane- cant must conduct an airplane systems as-
engine combination: sessment. The applicant must show that the
(i) A list of all IFSD’s, unplanned ground airplane systems comply with § 25.1309(b)
engine shutdowns, and occurrences (both using available in-service reliability data for
ground and in-flight) when an engine was not ETOPS significant systems on the candidate
shut down, but engine control or the desired airplane-engine combination. Each cause or
thrust or power level was not achieved, in- potential cause of a relevant design, manu-
cluding engine flameouts. Planned IFSD’s facturing, operational, and maintenance
performed during flight training need not be problem occurring in service must have a
included. For each item, the applicant must corrective action or actions that are shown
provide— to be effective in preventing future occur-
(A) Each airplane and engine make, model, rences. Each corrective action must be iden-
and serial number; tified in the CMP document specified in sec-
(B) Engine configuration, and major alter- tion K25.1.6 of this appendix. A corrective ac-
ation history; tion is not required if the problem would not
(C) Engine position; significantly impact the safety or reliability
lhorne on DSKJLZT7X2PROD with CFR

(D) Circumstances leading up to the engine of the airplane system involved. A relevant
shutdown or occurrence; problem is a problem with an ETOPS group
(E) Phase of flight or ground operation; 1 significant system that has or could result

448

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00458 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. K
in, an IFSD or diversion. The applicant must during the validation in accordance with the
include in this assessment relevant problems problem tracking and resolution system
with similar or identical equipment installed specified in section K25.2.2(h) of this appen-
on other types of airplanes to the extent dix.
such information is reasonably available. (d) Propulsion system validation test. (1) The
(e) Airplane flight test. The applicant must installed engine configuration for which ap-
conduct a flight test to validate the proval is being sought must comply with
flightcrew’s ability to safely conduct an § 33.201(c) of this chapter. The test engine
ETOPS diversion with an inoperative engine must be configured with a complete airplane
and worst-case ETOPS Significant System nacelle package, including engine-mounted
failures and malfunctions that could occur in equipment, except for any configuration dif-
service. The flight test must validate the air- ferences necessary to accommodate test
plane’s flying qualities and performance stand interfaces with the engine nacelle
with the demonstrated failures and malfunc- package. At the conclusion of the test, the
tions. propulsion system must be—
K25.2.2 Early ETOPS method. (i) Visually inspected according to the ap-
An applicant for ETOPS type design ap- plicant’s on-wing inspection recommenda-
proval using the Early ETOPS method must tions and limits; and
comply with the following requirements: (ii) Completely disassembled and the pro-
(a) Assessment of relevant experience with air-
pulsion system hardware inspected to deter-
planes previously certificated under part 25.
mine whether it meets the service limits
The applicant must identify specific correc-
specified in the Instructions for Continued
tive actions taken on the candidate airplane
Airworthiness submitted in compliance with
to prevent relevant design, manufacturing,
§ 25.1529.
operational, and maintenance problems ex-
(2) The applicant must identify, track, and
perienced on airplanes previously certifi-
cated under part 25 manufactured by the ap- resolve each cause or potential cause of
plicant. Specific corrective actions are not IFSD, loss of thrust control, or other power
required if the nature of a problem is such loss encountered during this inspection in
that the problem would not significantly im- accordance with the problem tracking and
pact the safety or reliability of the airplane resolution system specified in section K25.2.2
system involved. A relevant problem is a (h) of this appendix.
problem with an ETOPS group 1 significant (e) New technology testing. Technology new
system that has or could result in an IFSD to the applicant, including substantially new
or diversion. The applicant must include in manufacturing techniques, must be tested to
this assessment relevant problems of sup- substantiate its suitability for the airplane
plier-provided ETOPS group 1 significant design.
systems and similar or identical equipment (f) APU validation test. If an APU is needed
used on airplanes built by other manufactur- to comply with this appendix, one APU of
ers to the extent such information is reason- the type to be certified with the airplane
ably available. must be tested for 3,000 equivalent airplane
(b) Propulsion system design. (1) The engine operational cycles. Following completion of
used in the applicant’s airplane design must the test, the APU must be disassembled and
be approved as eligible for Early ETOPS in inspected. The applicant must identify,
accordance with § 33.201 of this chapter. track, and resolve each cause or potential
(2) The applicant must design the propul- cause of an inability to start or operate the
sion system to preclude failures or malfunc- APU in flight as intended in accordance with
tions that could result in an IFSD. The ap- the problem tracking and resolution system
plicant must show compliance with this re- specified in section K25.2.2(h) of this appen-
quirement by analysis, test, in-service expe- dix.
rience on other airplanes, or other means ac- (g) Airplane demonstration. For each air-
ceptable to the FAA. If analysis is used, the plane-engine combination to be approved for
applicant must show that the propulsion sys- ETOPS, the applicant must flight test at
tem design will minimize failures and mal- least one airplane to demonstrate that the
functions with the objective of achieving the airplane, and its components and equipment
following IFSD rates: are capable of functioning properly during
(i) An IFSD rate of 0.02 or less per 1,000 ETOPS flights and diversions of the longest
world-fleet engine-hours for type design ap- duration for which the applicant seeks ap-
proval up to and including 180 minutes. proval. This flight testing may be performed
(ii) An IFSD rate of 0.01 or less per 1,000 in conjunction with, but may not substitute
world-fleet engine-hours for type design ap- for the flight testing required by § 21.35(b)(2)
proval beyond 180 minutes. of this chapter.
(c) Maintenance and operational procedures. (1) The airplane demonstration flight test
The applicant must validate all maintenance program must include:
lhorne on DSKJLZT7X2PROD with CFR

and operational procedures for ETOPS sig- (i) Flights simulating actual ETOPS, in-
nificant systems. The applicant must iden- cluding flight at normal cruise altitude, step
tify, track, and resolve any problems found climbs, and, if applicable, APU operation.

449

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00459 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. K 14 CFR Ch. I (1–1–22 Edition)
(ii) Maximum duration flights with max- for Continued Airworthiness to establish its
imum duration diversions. condition for continued safe operation. Each
(iii) Maximum duration engine-inoperative engine must also undergo a gas path inspec-
diversions distributed among the engines in- tion. These inspections must be conducted in
stalled on the airplanes used for the airplane a manner to identify abnormal conditions
demonstration flight test program. At least that could result in an IFSD or diversion.
two one-engine-inoperative diversions must The applicant must identify, track and re-
be conducted at maximum continuous thrust solve any abnormal conditions in accordance
or power using the same engine. with the problem tracking and resolution
(iv) Flights under non-normal conditions system specified in section K25.2.2(h) of this
to demonstrate the flightcrew’s ability to appendix.
safely conduct an ETOPS diversion with (h) Problem tracking and resolution system.
worst-case ETOPS significant system fail- (1) The applicant must establish and main-
ures or malfunctions that could occur in tain a problem tracking and resolution sys-
service. tem. The system must:
(v) Diversions to airports that represent
(i) Contain a process for prompt reporting
airports of the types used for ETOPS diver-
to the FAA office responsible for the design
sions.
(vi) Repeated exposure to humid and in- approval of each occurrence reportable under
clement weather on the ground followed by a § 21.4(a)(6) encountered during the phases of
long-duration flight at normal cruise alti- airplane and engine development used to as-
tude. sess Early ETOPS eligibility.
(2) The airplane demonstration flight test (ii) Contain a process for notifying the
program must validate the adequacy of the FAA office responsible for the design ap-
airplane’s flying qualities and performance, proval of each proposed corrective action
and the flightcrew’s ability to safely conduct that the applicant determines necessary for
an ETOPS diversion under the conditions each problem identified from the occurrences
specified in section K25.2.2(g)(1) of this ap- reported under section K25.2.2. (h)(1)(i) of
pendix. this appendix. The timing of the notification
(3) During the airplane demonstration must permit appropriate FAA review before
flight test program, each test airplane must taking the proposed corrective action.
be operated and maintained using the appli- (2) If the applicant is seeking ETOPS type
cant’s recommended operating and mainte- design approval of a change to an airplane-
nance procedures. engine combination previously approved for
(4) At the completion of the airplane dem- ETOPS, the problem tracking and resolution
onstration flight test program, each ETOPS system need only address those problems
significant system must undergo an on-wing specified in the following table, provided the
inspection or test in accordance with the applicant obtains prior authorization from
tasks defined in the proposed Instructions the FAA:

If the change does not require a new airplane type certificiate Then the Problem Tracking and Resolution System must ad-
and . . . dress . . .

(i) Requires a new engine type certificate .................................. All problems applicable to the new engine installation, and for
the remainder of the airplane, problems in changed systems
only.
(ii) Does not require a new engine type certificate ..................... Problems in changed systems only.

(i) Acceptance criteria. The type and fre- fleet of the candidate airplane-engine com-
quency of failures and malfunctions on bination.
ETOPS significant systems that occur dur- (b) The Early ETOPS requirements of
ing the airplane flight test program and the K25.2.2, except for the airplane demonstra-
airplane demonstration flight test program tion specified in section K25.2.2(g) of this ap-
specified in section K25.2.2(g) of this appen- pendix; and
dix must be consistent with the type and fre- (c) The flight test requirement of section
quency of failures and malfunctions that K25.2.1(e) of this appendix.
would be expected to occur on currently cer- K25.3. Airplanes with more than two engines.
tificated airplanes approved for ETOPS. An applicant for ETOPS type design ap-
K25.2.3. Combined service experience and proval of an airplane with more than two en-
Early ETOPS method. gines must use one of the methods described
An applicant for ETOPS type design ap- in section K25.3.1, K25.3.2, or K25.3.3 of this
proval using the combined service experience appendix.
and Early ETOPS method must comply with K25.3.1 Service experience method.
the following requirements.
lhorne on DSKJLZT7X2PROD with CFR

An applicant for ETOPS type design ap-


(a) A service experience requirement of not proval using the service experience method
less than 15,000 engine-hours for the world must comply with section K25.3.1(a) of this

450

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00460 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. K
appendix before conducting the airplane sys- substantiate its suitability for the airplane
tems assessment specified in K25.3.1(b), and design.
the flight test specified in section K25.3.1(c) (c) APU validation test. If an APU is needed
of this appendix. to comply with this appendix, one APU of
(a) Service experience. The world fleet for the type to be certified with the airplane
the airplane-engine combination must accu- must be tested for 3,000 equivalent airplane
mulate a minimum of 250,000 engine-hours. operational cycles. Following completion of
The FAA may reduce this number of hours if the test, the APU must be disassembled and
the applicant identifies compensating fac- inspected. The applicant must identify,
tors that are acceptable to the FAA. The track, and resolve each cause or potential
compensating factors may include experi- cause of an inability to start or operate the
ence on another airplane, but experience on APU in flight as intended in accordance with
the candidate airplane must make up a sig- the problem tracking and resolution system
nificant portion of the total required service specified in section K25.3.2(e) of this appen-
experience. dix.
(b) Airplane systems assessment. The appli- (d) Airplane demonstration. For each air-
cant must conduct an airplane systems as- plane-engine combination to be approved for
sessment. The applicant must show that the ETOPS, the applicant must flight test at
airplane systems comply with the § 25.1309(b) least one airplane to demonstrate that the
using available in-service reliability data for airplane, and its components and equipment
ETOPS significant systems on the candidate are capable of functioning properly during
airplane-engine combination. Each cause or ETOPS flights and diversions of the longest
potential cause of a relevant design, manu- duration for which the applicant seeks ap-
facturing, operational or maintenance prob- proval. This flight testing may be performed
in conjunction with, but may not substitute
lem occurring in service must have a correc-
for the flight testing required by § 21.35(b)(2).
tive action or actions that are shown to be
(1) The airplane demonstration flight test
effective in preventing future occurrences.
program must include:
Each corrective action must be identified in
(i) Flights simulating actual ETOPS in-
the CMP document specified in section
cluding flight at normal cruise altitude, step
K25.1.6 of this appendix. A corrective action
climbs, and, if applicable, APU operation.
is not required if the problem would not sig- (ii) Maximum duration flights with max-
nificantly impact the safety or reliability of imum duration diversions.
the airplane system involved. A relevant (iii) Maximum duration engine-inoperative
problem is a problem with an ETOPS group diversions distributed among the engines in-
1 significant system that has or could result stalled on the airplanes used for the airplane
in an IFSD or diversion. The applicant must demonstration flight test program. At least
include in this assessment relevant problems two one engine-inoperative diversions must
with similar or identical equipment installed be conducted at maximum continuous thrust
on other types of airplanes to the extent or power using the same engine.
such information is reasonably available. (iv) Flights under non-normal conditions
(c) Airplane flight test. The applicant must to validate the flightcrew’s ability to safely
conduct a flight test to validate the conduct an ETOPS diversion with worst-case
flightcrew’s ability to safely conduct an ETOPS significant system failures or mal-
ETOPS diversion with an inoperative engine functions that could occur in service.
and worst-case ETOPS significant system (v) Diversions to airports that represent
failures and malfunctions that could occur in airports of the types used for ETOPS diver-
service. The flight test must validate the air- sions.
plane’s flying qualities and performance (vi) Repeated exposure to humid and in-
with the demonstrated failures and malfunc- clement weather on the ground followed by a
tions. long duration flight at normal cruise alti-
K25.3.2 Early ETOPS method. tude.
An applicant for ETOPS type design ap- (2) The airplane demonstration flight test
proval using the Early ETOPS method must program must validate the adequacy of the
comply with the following requirements: airplane’s flying qualities and performance,
(a) Maintenance and operational procedures. and the flightcrew’s ability to safely conduct
The applicant must validate all maintenance an ETOPS diversion under the conditions
and operational procedures for ETOPS sig- specified in section K25.3.2(d)(1) of this ap-
nificant systems. The applicant must iden- pendix.
tify, track and resolve any problems found (3) During the airplane demonstration
during the validation in accordance with the flight test program, each test airplane must
problem tracking and resolution system be operated and maintained using the appli-
specified in section K25.3.2(e) of this appen- cant’s recommended operating and mainte-
dix. nance procedures.
lhorne on DSKJLZT7X2PROD with CFR

(b) New technology testing. Technology new (4) At the completion of the airplane dem-
to the applicant, including substantially new onstration, each ETOPS significant system
manufacturing techniques, must be tested to must undergo an on-wing inspection or test

451

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00461 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. L 14 CFR Ch. I (1–1–22 Edition)
in accordance with the tasks defined in the airplane and engine development used to as-
proposed Instructions for Continued Air- sess Early ETOPS eligibility.
worthiness to establish its condition for con- (ii) Contain a process for notifying the
tinued safe operation. Each engine must also FAA office responsible for the design ap-
undergo a gas path inspection. These inspec- proval of each proposed corrective action
tions must be conducted in a manner to iden- that the applicant determines necessary for
tify abnormal conditions that could result in each problem identified from the occurrences
an IFSD or diversion. The applicant must reported under section K25.3.2(h)(1)(i) of this
identify, track and resolve any abnormal
appendix. The timing of the notification
conditions in accordance with the problem
must permit appropriate FAA review before
tracking and resolution system specified in
section K25.3.2(e) of this appendix. taking the proposed corrective action.
(e) Problem tracking and resolution system. (2) If the applicant is seeking ETOPS type
(1) The applicant must establish and main- design approval of a change to an airplane-
tain a problem tracking and resolution sys- engine combination previously approved for
tem. The system must: ETOPS, the problem tracking and resolution
(i) Contain a process for prompt reporting system need only address those problems
to the FAA office responsible for the design specified in the following table, provided the
approval of each occurrence reportable under applicant obtains prior authorization from
§ 21.4(a)(6) encountered during the phases of the FAA:

If the change does not require a new airplane type certificate Then the Problem Tracking and Resolution System must ad-
and . . . dress . . .

(i) Requires a new engine type certificate .................................. All problems applicable to the new engine installation, and for
the remainder of the airplane, problems in changed systems
only.
(ii) Does not require a new engine type certificate ..................... Problems in changed systems only.

(f) Acceptance criteria. The type and fre- HIRF environments and equipment HIRF
quency of failures and malfunctions on test levels are expressed in root-mean-square
ETOPS significant systems that occur dur- units measured during the peak of the modu-
ing the airplane flight test program and the lation cycle.
airplane demonstration flight test program (a) HIRF environment I is specified in the
specified in section K25.3.2(d) of this appen- following table:
dix must be consistent with the type and fre-
quency of failures and malfunctions that TABLE I.—HIRF ENVIRONMENT I
would be expected to occur on currently cer-
tificated airplanes approved for ETOPS. Field strength
(volts/meter)
K25.3.3 Combined service experience and Frequency
Early ETOPS method. Peak Average
An applicant for ETOPS type design ap-
proval using the Early ETOPS method must 10 kHz–2 MHz ................................... 50 50
2 MHz–30 MHz ................................. 100 100
comply with the following requirements:
30 MHz–100 MHz ............................. 50 50
(a) A service experience requirement of 100 MHz–400 MHz ........................... 100 100
less than 15,000 engine-hours for the world 400 MHz–700 MHz ........................... 700 50
fleet of the candidate airplane-engine com- 700 MHz–1 GHz ................................ 700 100
bination; 1 GHz–2 GHz .................................... 2,000 200
(b) The Early ETOPS requirements of sec- 2 GHz–6 GHz .................................... 3,000 200
tion K25.3.2 of this appendix, except for the 6 GHz–8 GHz .................................... 1,000 200
8 GHz–12 GHz .................................. 3,000 300
airplane demonstration specified in section
12 GHz–18 GHz ................................ 2,000 200
K25.3.2(d) of this appendix; and 18 GHz–40 GHz ................................ 600 200
(c) The flight test requirement of section
K25.3.1(c) of this appendix. In this table, the higher field strength applies at the fre-
quency band edges.
[Doc. No. FAA–2002–6717, 72 FR 1873, Jan. 16,
(b) HIRF environment II is specified in the
2007, as amended by Doc. No. FAA–2018–0119,
following table:
Amdt. 25–145, 83 FR 9169, Mar. 5, 2018]

APPENDIX L TO PART 25—HIRF ENVI- TABLE II.–HIRF ENVIRONMENT II


RONMENTS AND EQUIPMENT HIRF Field strength
TEST LEVELS (volts/meter)
Frequency
Peak Average
This appendix specifies the HIRF environ-
lhorne on DSKJLZT7X2PROD with CFR

ments and equipment HIRF test levels for 10 kHz–500 kHz ................................ 20 20
electrical and electronic systems under 500 kHz–2 MHz ................................. 30 30
§ 25.1317. The field strength values for the 2 MHz–30 MHz ................................. 100 100

452

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00462 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. M

TABLE II.–HIRF ENVIRONMENT II—Continued (4) From 100 MHz to 8 GHz, use radiated
susceptibility tests at a minimum of 5 V/m.
Field strength
(volts/meter) [Doc. No. FAA–2006–23657, 72 FR 44026, Aug. 6,
Frequency
2007]
Peak Average

30 MHz–100 MHz ............................. 10 10 APPENDIX M TO PART 25—FUEL TANK


100 MHz–200 MHz ........................... 30 10 SYSTEM FLAMMABILITY REDUCTION
200 MHz–400 MHz ........................... 10 10 MEANS
400 MHz–1 GHz ................................ 700 40
1 GHz–2 GHz .................................... 1,300 160 M25.1 Fuel tank flammability exposure re-
2 GHz–4 GHz .................................... 3,000 120 quirements.
4 GHz–6 GHz .................................... 3,000 160 (a) The Fleet Average Flammability Expo-
6 GHz–8 GHz .................................... 400 170
sure of each fuel tank, as determined in ac-
8 GHz–12 GHz .................................. 1,230 230
12 GHz–18 GHz ................................ 730 190 cordance with Appendix N of this part, may
18 GHz–40 GHz ................................ 600 150 not exceed 3 percent of the Flammability Ex-
posure Evaluation Time (FEET), as defined
In this table, the higher field strength applies at the fre- in Appendix N of this part. As a portion of
quency band edges.
this 3 percent, if flammability reduction
(c) Equipment HIRF Test Level 1. (1) From 10 means (FRM) are used, each of the following
kilohertz (kHz) to 400 megahertz (MHz), use time periods may not exceed 1.8 percent of
conducted susceptibility tests with contin- the FEET:
uous wave (CW) and 1 kHz square wave mod- (1) When any FRM is operational but the
ulation with 90 percent depth or greater. The fuel tank is not inert and the tank is flam-
conducted susceptibility current must start mable; and
at a minimum of 0.6 milliamperes (mA) at 10 (2) When any FRM is inoperative and the
kHz, increasing 20 decibels (dB) per fre- tank is flammable.
quency decade to a minimum of 30 mA at 500 (b) The Fleet Average Flammability Expo-
kHz. sure, as defined in Appendix N of this part, of
(2) From 500 kHz to 40 MHz, the conducted each fuel tank may not exceed 3 percent of
susceptibility current must be at least 30 the portion of the FEET occurring during ei-
mA. ther ground or takeoff/climb phases of flight
(3) From 40 MHz to 400 MHz, use conducted during warm days. The analysis must con-
susceptibility tests, starting at a minimum sider the following conditions.
of 30 mA at 40 MHz, decreasing 20 dB per fre- (1) The analysis must use the subset of
quency decade to a minimum of 3 mA at 400 those flights that begin with a sea level
MHz. ground ambient temperature of 80 °F (stand-
(4) From 100 MHz to 400 MHz, use radiated ard day plus 21 °F atmosphere) or above,
susceptibility tests at a minimum of 20 volts from the flammability exposure analysis
per meter (V/m) peak with CW and 1 kHz done for overall performance.
square wave modulation with 90 percent (2) For the ground and takeoff/climb phases
depth or greater. of flight, the average flammability exposure
(5) From 400 MHz to 8 gigahertz (GHz), use must be calculated by dividing the time dur-
radiated susceptibility tests at a minimum ing the specific flight phase the fuel tank is
of 150 V/m peak with pulse modulation of 4 flammable by the total time of the specific
percent duty cycle with a 1 kHz pulse repeti- flight phase.
tion frequency. This signal must be switched (3) Compliance with this paragraph may be
on and off at a rate of 1 Hz with a duty cycle shown using only those flights for which the
of 50 percent. airplane is dispatched with the flammability
(d) Equipment HIRF Test Level 2. Equipment reduction means operational.
HIRF test level 2 is HIRF environment II in M25.2 Showing compliance.
table II of this appendix reduced by accept- (a) The applicant must provide data from
able aircraft transfer function and attenu- analysis, ground testing, and flight testing,
ation curves. Testing must cover the fre- or any combination of these, that:
quency band of 10 kHz to 8 GHz. (1) Validate the parameters used in the
(e) Equipment HIRF Test Level 3. (1) From 10 analysis required by paragraph M25.1 of this
kHz to 400 MHz, use conducted susceptibility appendix;
tests, starting at a minimum of 0.15 mA at 10 (2) Substantiate that the FRM is effective
kHz, increasing 20 dB per frequency decade at limiting flammability exposure in all
to a minimum of 7.5 mA at 500 kHz. compartments of each tank for which the
(2) From 500 kHz to 40 MHz, use conducted FRM is used to show compliance with para-
susceptibility tests at a minimum of 7.5 mA. graph M25.1 of this appendix; and
(3) From 40 MHz to 400 MHz, use conducted (3) Describe the circumstances under which
susceptibility tests, starting at a minimum the FRM would not be operated during each
of 7.5 mA at 40 MHz, decreasing 20 dB per fre-
lhorne on DSKJLZT7X2PROD with CFR

phase of flight.
quency decade to a minimum of 0.75 mA at (b) The applicant must validate that the
400 MHz. FRM meets the requirements of paragraph

453

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00463 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. N 14 CFR Ch. I (1–1–22 Edition)
M25.1 of this appendix with any airplane or in part 26 of this subchapter, to correct any
engine configuration affecting the perform- failures of the FRM that occur in service
ance of the FRM for which approval is that could increase any fuel tank’s Fleet Av-
sought. erage Flammability Exposure to more than
M25.3 Reliability indications and mainte- that required by paragraph M25.1 of this ap-
nance access. pendix.
(a) Reliability indications must be pro-
vided to identify failures of the FRM that [Doc. No. FAA–2005–22997, 73 FR 42494, July
would otherwise be latent and whose identi- 21, 2008, as amended by Doc. No. FAA–2018–
fication is necessary to ensure the fuel tank 0119, Amdt. 25–145, 83 FR 9169, Mar. 5, 2018]
with an FRM meets the fleet average flam-
mability exposure requirements listed in APPENDIX N TO PART 25—FUEL TANK
paragraph M25.1 of this appendix, including FLAMMABILITY EXPOSURE AND RELI-
when the FRM is inoperative. ABILITY ANALYSIS
(b) Sufficient accessibility to FRM reli-
ability indications must be provided for N25.1 General.
maintenance personnel or the flightcrew. (a) This appendix specifies the require-
(c) The access doors and panels to the fuel ments for conducting fuel tank fleet average
tanks with FRMs (including any tanks that flammability exposure analyses required to
communicate with a tank via a vent sys- meet § 25.981(b) and Appendix M of this part.
tem), and to any other confined spaces or en- For fuel tanks installed in aluminum wings,
closed areas that could contain hazardous at- a qualitative assessment is sufficient if it
mosphere under normal conditions or failure substantiates that the tank is a conven-
conditions, must be permanently stenciled, tional unheated wing tank.
marked, or placarded to warn maintenance (b) This appendix defines parameters af-
personnel of the possible presence of a poten- fecting fuel tank flammability that must be
tially hazardous atmosphere. used in performing the analysis. These in-
M25.4 Airworthiness limitations and proce- clude parameters that affect all airplanes
dures. within the fleet, such as a statistical dis-
(a) If FRM is used to comply with para- tribution of ambient temperature, fuel flash
graph M25.1 of this appendix, Airworthiness point, flight lengths, and airplane descent
Limitations must be identified for all main- rate. Demonstration of compliance also re-
tenance or inspection tasks required to iden- quires application of factors specific to the
tify failures of components within the FRM airplane model being evaluated. Factors that
that are needed to meet paragraph M25.1 of need to be included are maximum range,
this appendix. cruise mach number, typical altitude where
(b) Maintenance procedures must be devel- the airplane begins initial cruise phase of
oped to identify any hazards to be considered flight, fuel temperature during both ground
during maintenance of the FRM. These pro- and flight times, and the performance of a
cedures must be included in the instructions flammability reduction means (FRM) if in-
for continued airworthiness (ICA). stalled.
M25.5 Reliability reporting. (c) The following definitions, input vari-
The effects of airplane component failures ables, and data tables must be used in the
on FRM reliability must be assessed on an program to determine fleet average flamma-
on-going basis. The applicant/holder must do bility exposure for a specific airplane model.
the following: N25.2 Definitions.
(a) Demonstrate effective means to ensure (a) Bulk Average Fuel Temperature means
collection of FRM reliability data. The the average fuel temperature within the fuel
means must provide data affecting FRM reli- tank or different sections of the tank if the
ability, such as component failures. tank is subdivided by baffles or compart-
(b) Unless alternative reporting procedures ments.
are approved by the responsible Aircraft Cer- (b) Flammability Exposure Evaluation Time
tification Service office, as defined in part 26 (FEET). The time from the start of preparing
of this subchapter, provide a report to the the airplane for flight, through the flight
FAA every six months for the first five years and landing, until all payload is unloaded,
after service introduction. After that period, and all passengers and crew have dis-
continued reporting every six months may embarked. In the Monte Carlo program, the
be replaced with other reliability tracking flight time is randomly selected from the
methods found acceptable to the FAA or Flight Length Distribution (Table 2), the
eliminated if it is established that the reli- pre-flight times are provided as a function of
ability of the FRM meets, and will continue the flight time, and the post-flight time is a
to meet, the exposure requirements of para- constant 30 minutes.
graph M25.1 of this appendix. (c) Flammable. With respect to a fluid or
(c) Develop service instructions or revise gas, flammable means susceptible to igniting
lhorne on DSKJLZT7X2PROD with CFR

the applicable airplane manual, according to readily or to exploding (14 CFR Part 1, Defi-
a schedule approved by the responsible Air- nitions). A non-flammable ullage is one
craft Certification Service office, as defined where the fuel-air vapor is too lean or too

454

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00464 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. N
rich to burn or is inert as defined below. For tribution, equal to the square root of the
the purposes of this appendix, a fuel tank arithmetic mean of the squares of the devi-
that is not inert is considered flammable ations from the arithmetic means.
when the bulk average fuel temperature (m) Transport Effects. For purposes of this
within the tank is within the flammable appendix, transport effects are the change in
range for the fuel type being used. For any fuel vapor concentration in a fuel tank
fuel tank that is subdivided into sections by caused by low fuel conditions and fuel con-
baffles or compartments, the tank is consid- densation and vaporization.
ered flammable when the bulk average fuel (n) Ullage. The volume within the fuel tank
temperature within any section of the tank, not occupied by liquid fuel.
that is not inert, is within the flammable N25.3 Fuel tank flammability exposure anal-
range for the fuel type being used.
ysis.
(d) Flash Point. The flash point of a flam-
mable fluid means the lowest temperature at (a) A flammability exposure analysis must
which the application of a flame to a heated be conducted for the fuel tank under evalua-
sample causes the vapor to ignite momen- tion to determine fleet average flammability
tarily, or ‘‘flash.’’ Table 1 of this appendix exposure for the airplane and fuel types
provides the flash point for the standard fuel under evaluation. For fuel tanks that are
to be used in the analysis. subdivided by baffles or compartments, an
(e) Fleet average flammability exposure is the analysis must be performed either for each
percentage of the flammability exposure section of the tank, or for the section of the
evaluation time (FEET) each fuel tank tank having the highest flammability expo-
ullage is flammable for a fleet of an airplane sure. Consideration of transport effects is
type operating over the range of flight not allowed in the analysis. The analysis
lengths in a world-wide range of environ- must be done in accordance with the meth-
mental conditions and fuel properties as de- ods and procedures set forth in the Fuel
fined in this appendix. Tank Flammability Assessment Method
(f) Gaussian Distribution is another name User’s Manual, dated May 2008, document
for the normal distribution, a symmetrical number DOT/FAA/AR–05/8 (incorporated by
frequency distribution having a precise reference, see § 25.5). The parameters speci-
mathematical formula relating the mean fied in sections N25.3(b) and (c) of this appen-
and standard deviation of the samples. dix must be used in the fuel tank flamma-
Gaussian distributions yield bell-shaped fre- bility exposure ‘‘Monte Carlo’’ analysis.
quency curves having a preponderance of val- (b) The following parameters are defined in
ues around the mean with progressively the Monte Carlo analysis and provided in
fewer observations as the curve extends out- paragraph N25.4 of this appendix:
ward. (1) Cruise Ambient Temperature, as de-
(g) Hazardous atmosphere. An atmosphere fined in this appendix.
that may expose maintenance personnel, (2) Ground Ambient Temperature, as de-
passengers or flight crew to the risk of fined in this appendix.
death, incapacitation, impairment of ability (3) Fuel Flash Point, as defined in this ap-
to self-rescue (that is, escape unaided from a pendix.
confined space), injury, or acute illness. (4) Flight Length Distribution, as defined
(h) Inert. For the purpose of this appendix, in Table 2 of this appendix.
the tank is considered inert when the bulk
(5) Airplane Climb and Descent Profiles, as
average oxygen concentration within each
defined in the Fuel Tank Flammability As-
compartment of the tank is 12 percent or less
sessment Method User’s Manual, dated May
from sea level up to 10,000 feet altitude, then
2008, document number DOT/FAA/AR–05/8
linearly increasing from 12 percent at 10,000
(incorporated by reference in § 25.5).
feet to 14.5 percent at 40,000 feet altitude,
(c) Parameters that are specific to the par-
and extrapolated linearly above that alti-
ticular airplane model under evaluation that
tude.
(i) Inerting. A process where a noncombus- must be provided as inputs to the Monte
tible gas is introduced into the ullage of a Carlo analysis are:
fuel tank so that the ullage becomes non- (1) Airplane cruise altitude.
flammable. (2) Fuel tank quantities. If fuel quantity
(j) Monte Carlo Analysis. The analytical affects fuel tank flammability, inputs to the
method that is specified in this appendix as Monte Carlo analysis must be provided that
the compliance means for assessing the fleet represent the actual fuel quantity within the
average flammability exposure time for a fuel tank or compartment of the fuel tank
fuel tank. throughout each of the flights being evalu-
(k) Oxygen evolution occurs when oxygen ated. Input values for this data must be ob-
dissolved in the fuel is released into the tained from ground and flight test data or
ullage as the pressure and temperature in the approved FAA fuel management proce-
dures.
lhorne on DSKJLZT7X2PROD with CFR

the fuel tank are reduced.


(l) Standard deviation is a statistical meas- (3) Airplane cruise mach number.
ure of the dispersion or variation in a dis- (4) Airplane maximum range.

455

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00465 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. N 14 CFR Ch. I (1–1–22 Edition)
(5) Fuel tank thermal characteristics. If must include any times when oxygen evo-
fuel temperature affects fuel tank flamma- lution from the fuel in the tank or compart-
bility, inputs to the Monte Carlo analysis ment under evaluation would result in a
must be provided that represent the actual flammable fuel tank. The oxygen evolution
bulk average fuel temperature within the rate that must be used is defined in the Fuel
fuel tank at each point in time throughout Tank Flammability Assessment Method
each of the flights being evaluated. For fuel User’s Manual, dated May 2008, document
tanks that are subdivided by baffles or com- number DOT/FAA/AR–05/8 (incorporated by
partments, bulk average fuel temperature reference in § 25.5).
inputs must be provided for each section of (6) If an inerting system FRM is used, the
the tank. Input values for these data must be effects of any air that may enter the fuel
obtained from ground and flight test data or tank following the last flight of the day due
a thermal model of the tank that has been to changes in ambient temperature, as de-
validated by ground and flight test data. fined in Table 4, during a 12-hour overnight
(6) Maximum airplane operating tempera- period.
ture limit, as defined by any limitations in (e) The applicant must submit to the re-
the airplane flight manual. sponsible Aircraft Certification Service
(7) Airplane Utilization. The applicant officefor approval the fuel tank flammability
must provide data supporting the number of analysis, including the airplane-specific pa-
flights per day and the number of hours per rameters identified under paragraph N25.3(c)
flight for the specific airplane model under of this appendix and any deviations from the
evaluation. If there is no existing airplane parameters identified in paragraph N25.3(b)
fleet data to support the airplane being eval- of this appendix that affect flammability ex-
uated, the applicant must provide substan- posure, substantiating data, and any air-
tiation that the number of flights per day worthiness limitations and other conditions
and the number of hours per flight for that assumed in the analysis.
airplane model is consistent with the exist- N25.4 Variables and data tables.
ing fleet data they propose to use. The following data must be used when con-
(d) Fuel Tank FRM Model. If FRM is used, ducting a flammability exposure analysis to
an FAA approved Monte Carlo program must determine the fleet average flammability ex-
be used to show compliance with the flam- posure. Variables used to calculate fleet
mability requirements of § 25.981 and Appen- flammability exposure must include atmos-
dix M of this part. The program must deter- pheric ambient temperatures, flight length,
mine the time periods during each flight flammability exposure evaluation time, fuel
phase when the fuel tank or compartment flash point, thermal characteristics of the
with the FRM would be flammable. The fol- fuel tank, overnight temperature drop, and
lowing factors must be considered in estab- oxygen evolution from the fuel into the
lishing these time periods: ullage.
(1) Any time periods throughout the flam- (a) Atmospheric Ambient Temperatures
mability exposure evaluation time and under and Fuel Properties.
the full range of expected operating condi- (1) In order to predict flammability expo-
tions, when the FRM is operating properly sure during a given flight, the variation of
but fails to maintain a non-flammable fuel ground ambient temperatures, cruise ambi-
tank because of the effects of the fuel tank ent temperatures, and a method to compute
vent system or other causes, the transition from ground to cruise and
(2) If dispatch with the system inoperative back again must be used. The variation of
under the Master Minimum Equipment List the ground and cruise ambient temperatures
(MMEL) is requested, the time period as- and the flash point of the fuel is defined by
sumed in the reliability analysis (60 flight a Gaussian curve, given by the 50 percent
hours must be used for a 10-day MMEL dis- value and a ±1-standard deviation value.
patch limit unless an alternative period has (2) Ambient Temperature: Under the pro-
been approved by the Administrator), gram, the ground and cruise ambient tem-
(3) Frequency and duration of time periods peratures are linked by a set of assumptions
of FRM inoperability, substantiated by test on the atmosphere. The temperature varies
or analysis acceptable to the FAA, caused by with altitude following the International
latent or known failures, including airplane Standard Atmosphere (ISA) rate of change
system shut-downs and failures that could from the ground ambient temperature until
cause the FRM to shut down or become inop- the cruise temperature for the flight is
erative. reached. Above this altitude, the ambient
(4) Effects of failures of the FRM that temperature is fixed at the cruise ambient
could increase the flammability exposure of temperature. This results in a variation in
the fuel tank. the upper atmospheric temperature. For cold
(5) If an FRM is used that is affected by ox- days, an inversion is applied up to 10,000 feet,
ygen concentrations in the fuel tank, the and then the ISA rate of change is used.
lhorne on DSKJLZT7X2PROD with CFR

time periods when oxygen evolution from the (3) Fuel properties:
fuel results in the fuel tank or compartment (i) For Jet A fuel, the variation of flash
exceeding the inert level. The applicant point of the fuel is defined by a Gaussian

456

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00466 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. N
curve, given by the 50 percent value and a ±1- decreases from sea level value with increas-
standard deviation, as shown in Table 1 of ing altitude at a rate of 1 °F per 808 feet.
this appendix. (B) UFL at sea level = flash point tempera-
(ii) The flammability envelope of the fuel ture of the fuel at sea level plus 63.5 °F. UFL
that must be used for the flammability expo- decreases from the sea level value with in-
sure analysis is a function of the flash point creasing altitude at a rate of 1 °F per 512
of the fuel selected by the Monte Carlo for a feet.
given flight. The flammability envelope for (4) For each flight analyzed, a separate
the fuel is defined by the upper flammability random number must be generated for each
limit (UFL) and lower flammability limit of the three parameters (ground ambient
(LFL) as follows: temperature, cruise ambient temperature,
(A) LFL at sea level = flash point tempera- and fuel flash point) using the Gaussian dis-
ture of the fuel at sea level minus 10 °F. LFL tribution defined in Table 1 of this appendix.
TABLE 1.—GAUSSIAN DISTRIBUTION FOR GROUND AMBIENT TEMPERATURE, CRUISE AMBIENT
TEMPERATURE, AND FUEL FLASH POINT
Temperature in deg F
Parameter Ground ambient Cruise ambient Fuel flash point
temperature temperature (FP)

Mean Temp ........................................................................................... 59.95 ¥70 120


Neg 1 std dev ........................................................................................ 20.14 8 8
Pos 1 std dev ........................................................................................ 17.28 8 8

(b) The Flight Length Distribution defined


in Table 2 must be used in the Monte Carlo
analysis.

TABLE 2.—FLIGHT LENGTH DISTRIBUTION


Flight length (NM) Airplane maximum range—nautical miles (NM)

From To 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000

Distribution of flight lengths (percentage of total)

0 200 11.7 7.5 6.2 5.5 4.7 4.0 3.4 3.0 2.6 2.3
200 400 27.3 19.9 17.0 15.2 13.2 11.4 9.7 8.5 7.5 6.7
400 600 46.3 40.0 35.7 32.6 28.5 24.9 21.2 18.7 16.4 14.8
600 800 10.3 11.6 11.0 10.2 9.1 8.0 6.9 6.1 5.4 4.8
800 1000 4.4 8.5 8.6 8.2 7.4 6.6 5.7 5.0 4.5 4.0
1000 1200 0.0 4.8 5.3 5.3 4.8 4.3 3.8 3.3 3.0 2.7
1200 1400 0.0 3.6 4.4 4.5 4.2 3.8 3.3 3.0 2.7 2.4
1400 1600 0.0 2.2 3.3 3.5 3.3 3.1 2.7 2.4 2.2 2.0
1600 1800 0.0 1.2 2.3 2.6 2.5 2.4 2.1 1.9 1.7 1.6
1800 2000 0.0 0.7 2.2 2.6 2.6 2.5 2.2 2.0 1.8 1.7
2000 2200 0.0 0.0 1.6 2.1 2.2 2.1 1.9 1.7 1.6 1.4
2200 2400 0.0 0.0 1.1 1.6 1.7 1.7 1.6 1.4 1.3 1.2
2400 2600 0.0 0.0 0.7 1.2 1.4 1.4 1.3 1.2 1.1 1.0
2600 2800 0.0 0.0 0.4 0.9 1.0 1.1 1.0 0.9 0.9 0.8
2800 3000 0.0 0.0 0.2 0.6 0.7 0.8 0.7 0.7 0.6 0.6
3000 3200 0.0 0.0 0.0 0.6 0.8 0.8 0.8 0.8 0.7 0.7
3200 3400 0.0 0.0 0.0 0.7 1.1 1.2 1.2 1.1 1.1 1.0
3400 3600 0.0 0.0 0.0 0.7 1.3 1.6 1.6 1.5 1.5 1.4
3600 3800 0.0 0.0 0.0 0.9 2.2 2.7 2.8 2.7 2.6 2.5
3800 4000 0.0 0.0 0.0 0.5 2.0 2.6 2.8 2.8 2.7 2.6
4000 4200 0.0 0.0 0.0 0.0 2.1 3.0 3.2 3.3 3.2 3.1
4200 4400 0.0 0.0 0.0 0.0 1.4 2.2 2.5 2.6 2.6 2.5
4400 4600 0.0 0.0 0.0 0.0 1.0 2.0 2.3 2.5 2.5 2.4
4600 4800 0.0 0.0 0.0 0.0 0.6 1.5 1.8 2.0 2.0 2.0
4800 5000 0.0 0.0 0.0 0.0 0.2 1.0 1.4 1.5 1.6 1.5
5000 5200 0.0 0.0 0.0 0.0 0.0 0.8 1.1 1.3 1.3 1.3
5200 5400 0.0 0.0 0.0 0.0 0.0 0.8 1.2 1.5 1.6 1.6
5400 5600 0.0 0.0 0.0 0.0 0.0 0.9 1.7 2.1 2.2 2.3
5600 5800 0.0 0.0 0.0 0.0 0.0 0.6 1.6 2.2 2.4 2.5
5800 6000 0.0 0.0 0.0 0.0 0.0 0.2 1.8 2.4 2.8 2.9
6000 6200 0.0 0.0 0.0 0.0 0.0 0.0 1.7 2.6 3.1 3.3
6200 6400 0.0 0.0 0.0 0.0 0.0 0.0 1.4 2.4 2.9 3.1
lhorne on DSKJLZT7X2PROD with CFR

6400 6600 0.0 0.0 0.0 0.0 0.0 0.0 0.9 1.8 2.2 2.5
6600 6800 0.0 0.0 0.0 0.0 0.0 0.0 0.5 1.2 1.6 1.9
6800 7000 0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.8 1.1 1.3

457

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00467 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. O 14 CFR Ch. I (1–1–22 Edition)

TABLE 2.—FLIGHT LENGTH DISTRIBUTION—Continued


Flight length (NM) Airplane maximum range—nautical miles (NM)

From To 1000 2000 3000 4000 5000 6000 7000 8000 9000 10000

7000 7200 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.4 0.7 0.8
7200 7400 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.3 0.5 0.7
7400 7600 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.5 0.6
7600 7800 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.5 0.7
7800 8000 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1 0.6 0.8
8000 8200 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.5 0.8
8200 8400 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.5 1.0
8400 8600 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.6 1.3
8600 8800 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.4 1.1
8800 9000 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.2 0.8
9000 9200 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.5
9200 9400 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.2
9400 9600 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1
9600 9800 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1
9800 10000 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.1

(c) Overnight Temperature Drop. For air- with the fleet average and warm day flam-
planes on which FRM is installed, the over- mability exposure requirements, the appli-
night temperature drop for this appendix is cant must run the analysis for a minimum
defined using: number of flights to ensure that the fleet av-
(1) A temperature at the beginning of the erage and warm day flammability exposure
overnight period that equals the landing for the fuel tank under evaluation meets the
temperature of the previous flight that is a applicable flammability limits defined in
random value based on a Gaussian distribu- Table 5 of this appendix.
tion; and
(2) An overnight temperature drop that is TABLE 5.—FLAMMABILITY EXPOSURE LIMIT
a random value based on a Gaussian distribu-
tion. Maximum Maximum
(3) For any flight that will end with an acceptable Monte acceptable Monte
overnight ground period (one flight per day Carlo average fuel Carlo average fuel
Minimum number of tank flammability tank flammability
out of an average number of flights per day, flights in Monte exposure exposure
Carlo analysis
depending on utilization of the particular (percent) to meet (percent) to meet
airplane model being evaluated), the landing 3 percent 7 percent part 26
requirements requirements
outside air temperature (OAT) is to be cho-
sen as a random value from the following 10,000 .................... 2.91 6.79
Gaussian curve: 100,000 .................. 2.98 6.96
1,000,000 ............... 3.00 7.00
TABLE 3.—LANDING OUTSIDE AIR TEMPERATURE

Parameter Landing outside [Doc. No. FAA–2005–22997, 73 FR 42495, July


air temperature °F 21, 2008, as amended by Doc. No. FAA–2018–
Mean Temperature .................................. 58.68
0119, Amdt. 25–145, 83 FR 9169, Mar. 5, 2018]
negative 1 std dev ................................... 20.55
positive 1 std dev .................................... 13.21 APPENDIX O TO PART 25—SUPERCOOLED
LARGE DROP ICING CONDITIONS
(4) The outside ambient air temperature
(OAT) overnight temperature drop is to be This Appendix consists of two parts. Part I
chosen as a random value from the following defines this Appendix as a description of
Gaussian curve: supercooled large drop icing conditions in
which the drop median volume diameter
TABLE 4.—OUTSIDE AIR TEMPERATURE (OAT) (MVD) is less than or greater than 40 μm, the
DROP maximum mean effective drop diameter
(MED) of Appendix C of this part continuous
OAT drop maximum (stratiform clouds) icing condi-
Parameter temperature °F
tions. For this Appendix, supercooled large
Mean Temp ................................................... 12.0 drop icing conditions consist of freezing driz-
1 std dev ........................................................ 6.0 zle and freezing rain occurring in and/or
below stratiform clouds. Part II defines ice
(d) Number of Simulated Flights Required accretions used to show compliance with the
lhorne on DSKJLZT7X2PROD with CFR

in Analysis. In order for the Monte Carlo airplane performance and handling qualities
analysis to be valid for showing compliance requirements of subpart B of this part.

458

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00468 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. O
PART I—METEOROLOGY (1) Pressure altitude range: 0 to 12,000 ft
MSL.
In this Appendix icing conditions are de-
(2) Maximum vertical extent: 7,000 ft.
fined by the parameters of altitude, vertical
(3) Horizontal extent: Standard distance of
and horizontal extent, temperature, liquid
17.4 nautical miles.
water content, and water mass distribution
(4) Total liquid water content.
as a function of drop diameter distribution.
(a) Freezing Drizzle (Conditions with spec- NOTE: LWC in grams per cubic meter (g/m3)
tra maximum drop diameters from 100μm to based on horizontal extent standard distance
500 μm): of 17.4 nautical miles.
(1) Pressure altitude range: 0 to 22,000 feet (5) Drop Diameter Distribution: Figure 5.
MSL. (6) Altitude and temperature envelope:
Figure 6.
(2) Maximum vertical extent: 12,000 feet.
(c) Horizontal extent.
(3) Horizontal extent: Standard distance of
The liquid water content for freezing driz-
17.4 nautical miles.
zle and freezing rain conditions for hori-
(4) Total liquid water content.
zontal extents other than the standard 17.4
NOTE: Liquid water content (LWC) in nautical miles can be determined by the
grams per cubic meter (g/m3) based on hori- value of the liquid water content determined
zontal extent standard distance of 17.4 nau- from Figure 1 or Figure 4, multiplied by the
tical miles. factor provided in Figure 7, which is defined
(5) Drop diameter distribution: Figure 2. by the following equation:
(6) Altitude and temperature envelope: S = 1.266 ¥ 0.213 log10(H)
Figure 3. Where:
(b) Freezing Rain (Conditions with spectra S = Liquid Water Content Scale Factor
maximum drop diameters greater than 500 (dimensionless) and
μm): H = horizontal extent in nautical miles
lhorne on DSKJLZT7X2PROD with CFR

459

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00469 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. O 14 CFR Ch. I (1–1–22 Edition)
lhorne on DSKJLZT7X2PROD with CFR

460
ER04NO14.001</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00470 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. O
lhorne on DSKJLZT7X2PROD with CFR

461
ER04NO14.002</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00471 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Pt. 25, App. O 14 CFR Ch. I (1–1–22 Edition)
lhorne on DSKJLZT7X2PROD with CFR

462
ER04NO14.003</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00472 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. O
lhorne on DSKJLZT7X2PROD with CFR

463
ER04NO14.004</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00473 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Pt. 25, App. O 14 CFR Ch. I (1–1–22 Edition)
lhorne on DSKJLZT7X2PROD with CFR

464
ER04NO14.005</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00474 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. O
lhorne on DSKJLZT7X2PROD with CFR

465
ER04NO14.006</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00475 Fmt 8010 Sfmt 8006 Y:\SGML\256046.XXX 256046
Pt. 25, App. O 14 CFR Ch. I (1–1–22 Edition)

PART II—AIRFRAME ICE ACCRETIONS in part II, paragraph (c) of this Appendix,
FOR SHOWING COMPLIANCE WITH SUB- only the portion of part I of this Appendix in
PART B OF THIS PART which the airplane is capable of operating
(a) General. The most critical ice accretion safely must be considered.
in terms of airplane performance and han- (3) For an airplane certified in accordance
dling qualities for each flight phase must be with § 25.1420(a)(3), the ice accretions for each
used to show compliance with the applicable flight phase are defined in part II, paragraph
airplane performance and handling qualities (c) of this Appendix.
requirements for icing conditions contained (b) Ice accretions for airplanes certified in
in subpart B of this part. Applicants must accordance with § 25.1420(a)(1) or (2).
demonstrate that the full range of atmos- (1) En route ice is the en route ice as de-
pheric icing conditions specified in part I of fined by part II, paragraph (c)(3), of this Ap-
this Appendix have been considered, includ- pendix, for an airplane certified in accord-
ing drop diameter distributions, liquid water ance with § 25.1420(a)(2), or defined by part II,
content, and temperature appropriate to the
paragraph (a)(3), of Appendix C of this part,
flight conditions (for example, configuration,
for an airplane certified in accordance with
speed, angle of attack, and altitude).
§ 25.1420(a)(1), plus:
(1) For an airplane certified in accordance
with § 25.1420(a)(1), the ice accretions for each (i) Pre-detection ice as defined by part II,
flight phase are defined in part II, paragraph paragraph (b)(5), of this Appendix; and
(b) of this Appendix. (ii) The ice accumulated during the transit
(2) For an airplane certified in accordance of one cloud with a horizontal extent of 17.4
with § 25.1420(a)(2), the most critical ice ac- nautical miles in the most critical of the
icing conditions defined in part I of this Ap-
lhorne on DSKJLZT7X2PROD with CFR

cretion for each flight phase defined in part


II, paragraphs (b) and (c) of this Appendix, pendix and one cloud with a horizontal ex-
must be used. For the ice accretions defined tent of 17.4 nautical miles in the continuous

466
ER04NO14.007</GPH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00476 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 25, App. O
maximum icing conditions defined in Appen- (b)(2), of this Appendix, or the ice calculated
dix C of this part. in the applicable paragraphs (b)(4)(i) or (ii) of
(2) Holding ice is the holding ice defined by part II of this Appendix:
part II, paragraph (c)(4), of this Appendix, for (i) For an airplane certified in accordance
an airplane certified in accordance with with § 25.1420(a)(2), the ice accretion defined
§ 25.1420(a)(2), or defined by part II, paragraph by part II, paragraph (c)(5)(i), of this Appen-
(a)(4), of Appendix C of this part, for an air- dix, plus a descent from 2,000 feet above the
plane certified in accordance with landing surface to a height of 200 feet above
§ 25.1420(a)(1), plus: the landing surface with a transition to the
(i) Pre-detection ice as defined by part II, landing configuration in the icing conditions
paragraph (b)(5), of this Appendix; and defined in part I of this Appendix, plus:
(ii) The ice accumulated during the transit
(A) Pre-detection ice, as defined in part II,
of one cloud with a 17.4 nautical miles hori-
paragraph (b)(5), of this Appendix; and
zontal extent in the most critical of the
icing conditions defined in part I of this Ap- (B) The ice accumulated during an exit
pendix and one cloud with a horizontal ex- maneuver, beginning with the minimum
tent of 17.4 nautical miles in the continuous climb gradient required by § 25.119, from a
maximum icing conditions defined in Appen- height of 200 feet above the landing surface
dix C of this part. through one cloud with a horizontal extent
(iii) Except the total exposure to holding of 17.4 nautical miles in the most critical of
ice conditions does not need to exceed 45 the icing conditions defined in part I of this
minutes. Appendix and one cloud with a horizontal ex-
(3) Approach ice is the more critical of the tent of 17.4 nautical miles in the continuous
holding ice defined by part II, paragraph maximum icing conditions defined in Appen-
(b)(2), of this Appendix, or the ice calculated dix C of this part.
in the applicable paragraphs (b)(3)(i) or (ii) of (ii) For an airplane certified in accordance
part II, of this Appendix: with § 25.1420(a)(1), the ice accumulated in
(i) For an airplane certified in accordance the maximum continuous icing conditions
with § 25.1420(a)(2), the ice accumulated dur- defined in Appendix C of this part, during a
ing descent from the maximum vertical ex- descent from the maximum vertical extent
tent of the icing conditions defined in part I of the icing conditions defined in Appendix C
of this Appendix to 2,000 feet above the land- of this part, to 2,000 feet above the landing
ing surface in the cruise configuration, plus surface in the cruise configuration, plus
transition to the approach configuration, transition to the approach configuration and
plus: flying for 15 minutes at 2,000 feet above the
(A) Pre-detection ice, as defined by part II, landing surface, plus a descent from 2,000
paragraph (b)(5), of this Appendix; and feet above the landing surface to a height of
(B) The ice accumulated during the transit 200 feet above the landing surface with a
at 2,000 feet above the landing surface of one transition to the landing configuration, plus:
cloud with a horizontal extent of 17.4 nau-
(A) Pre-detection ice, as described by part
tical miles in the most critical of the icing
II, paragraph (b)(5), of this Appendix; and
conditions defined in part I of this Appendix
(B) The ice accumulated during an exit
and one cloud with a horizontal extent of 17.4
nautical miles in the continuous maximum maneuver, beginning with the minimum
icing conditions defined in Appendix C of climb gradient required by § 25.119, from a
this part. height of 200 feet above the landing surface
(ii) For an airplane certified in accordance through one cloud with a horizontal extent
with § 25.1420(a)(1), the ice accumulated dur- of 17.4 nautical miles in the most critical of
ing descent from the maximum vertical ex- the icing conditions defined in part I of this
tent of the maximum continuous icing condi- Appendix and one cloud with a horizontal ex-
tions defined in part I of Appendix C to 2,000 tent of 17.4 nautical miles in the continuous
feet above the landing surface in the cruise maximum icing conditions defined in Appen-
configuration, plus transition to the ap- dix C of this part.
proach configuration, plus: (5) Pre-detection ice is the ice accretion be-
(A) Pre-detection ice, as defined by part II, fore detection of flight conditions in this Ap-
paragraph (b)(5), of this Appendix; and pendix that require exiting per § 25.1420(a)(1)
(B) The ice accumulated during the transit and (2). It is the pre-existing ice accretion
at 2,000 feet above the landing surface of one that may exist from operating in icing condi-
cloud with a horizontal extent of 17.4 nau- tions in which the airplane is approved to op-
tical miles in the most critical of the icing erate prior to encountering the icing condi-
conditions defined in part I of this Appendix tions requiring an exit, plus the ice accumu-
and one cloud with a horizontal extent of 17.4 lated during the time needed to detect the
nautical miles in the continuous maximum icing conditions, followed by two minutes of
icing conditions defined in Appendix C of further ice accumulation to take into ac-
lhorne on DSKJLZT7X2PROD with CFR

this part. count the time for the flightcrew to take ac-
(4) Landing ice is the more critical of the tion to exit the icing conditions, including
holding ice as defined by part II, paragraph coordination with air traffic control.

467

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00477 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Pt. 25, App. O 14 CFR Ch. I (1–1–22 Edition)
(i) For an airplane certified in accordance flying for 15 minutes at 2,000 feet above the
with § 25.1420(a)(1), the pre-existing ice accre- landing surface; or
tion must be based on the icing conditions (ii) Holding ice as defined by part II, para-
defined in Appendix C of this part. graph (c)(4), of this Appendix.
(ii) For an airplane certified in accordance (6) Landing ice is the ice accretion on the
with § 25.1420(a)(2), the pre-existing ice accre- unprotected surfaces, and any ice accretion
tion must be based on the more critical of on the protected surfaces appropriate to nor-
the icing conditions defined in Appendix C of mal ice protection system operation, result-
this part, or the icing conditions defined in ing from the more critical of the:
part I of this Appendix in which the airplane (i) Ice accretion defined by part II, para-
is capable of safely operating. graph (c)(5)(i), of this Appendix, plus ice ac-
(c) Ice accretions for airplanes certified in ac- cumulated in the icing conditions defined in
cordance with §§ 25.1420(a)(2) or (3). For an air- part I of this Appendix during a descent from
plane certified in accordance with
2,000 feet above the landing surface to a
§ 25.1420(a)(2), only the portion of the icing
height of 200 feet above the landing surface
conditions of part I of this Appendix in
with a transition to the landing configura-
which the airplane is capable of operating
tion, followed by a go-around at the min-
safely must be considered.
imum climb gradient required by § 25.119,
(1) Takeoff ice is the most critical ice accre-
from a height of 200 feet above the landing
tion on unprotected surfaces, and any ice ac-
surface to 2,000 feet above the landing sur-
cretion on the protected surfaces, occurring
between the end of the takeoff distance and face, flying for 15 minutes at 2,000 feet above
400 feet above the takeoff surface, assuming the landing surface in the approach configu-
accretion starts at the end of the takeoff dis- ration, and a descent to the landing surface
tance in the icing conditions defined in part (touchdown) in the landing configuration; or
I of this Appendix. (ii) Holding ice as defined by part II, para-
(2) Final takeoff ice is the most critical ice graph (c)(4), of this Appendix.
accretion on unprotected surfaces, and any (7) For both unprotected and protected
ice accretion on the protected surfaces ap- parts, the ice accretion for the takeoff phase
propriate to normal ice protection system must be determined for the icing conditions
operation, between 400 feet and either 1,500 defined in part I of this Appendix, using the
feet above the takeoff surface, or the height following assumptions:
at which the transition from the takeoff to (i) The airfoils, control surfaces, and, if ap-
the en route configuration is completed and plicable, propellers are free from frost, snow,
VFTO is reached, whichever is higher. Ice ac- or ice at the start of takeoff;
cretion is assumed to start at the end of the (ii) The ice accretion starts at the end of
takeoff distance in the icing conditions de- the takeoff distance;
fined in part I of this Appendix. (iii) The critical ratio of thrust/power-to-
(3) En route ice is the most critical ice ac- weight;
cretion on the unprotected surfaces, and any (iv) Failure of the critical engine occurs at
ice accretion on the protected surfaces ap- VEF; and
propriate to normal ice protection system
(v) Crew activation of the ice protection
operation, during the en route flight phase in
system is in accordance with a normal oper-
the icing conditions defined in part I of this
ating procedure provided in the airplane
Appendix.
flight manual, except that after beginning
(4) Holding ice is the most critical ice ac-
the takeoff roll, it must be assumed that the
cretion on the unprotected surfaces, and any
ice accretion on the protected surfaces ap- crew takes no action to activate the ice pro-
propriate to normal ice protection system tection system until the airplane is at least
operation, resulting from 45 minutes of flight 400 feet above the takeoff surface.
within a cloud with a 17.4 nautical miles hor- (d) The ice accretion before the ice protec-
izontal extent in the icing conditions defined tion system has been activated and is per-
in part I of this Appendix, during the holding forming its intended function is the critical
phase of flight. ice accretion formed on the unprotected and
(5) Approach ice is the ice accretion on the normally protected surfaces before activa-
unprotected surfaces, and any ice accretion tion and effective operation of the ice pro-
on the protected surfaces appropriate to nor- tection system in the icing conditions de-
mal ice protection system operation, result- fined in part I of this Appendix. This ice ac-
ing from the more critical of the: cretion only applies in showing compliance
(i) Ice accumulated in the icing conditions to §§ 25.143(j) and 25.207(h).
defined in part I of this Appendix during a (e) In order to reduce the number of ice ac-
descent from the maximum vertical extent cretions to be considered when dem-
of the icing conditions defined in part I of onstrating compliance with the require-
ments of § 25.21(g), any of the ice accretions
lhorne on DSKJLZT7X2PROD with CFR

this Appendix, to 2,000 feet above the landing


surface in the cruise configuration, plus defined in this Appendix may be used for any
transition to the approach configuration and other flight phase if it is shown to be at least

468

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00478 Fmt 8010 Sfmt 8002 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 26.5
as critical as the specific ice accretion de- Subpart A—General
fined for that flight phase. Configuration dif-
ferences and their effects on ice accretions § 26.1 Purpose and scope.
must be taken into account.
(f) The ice accretion that has the most ad- (a) This part establishes require-
verse effect on handling qualities may be ments for support of the continued air-
used for airplane performance tests provided worthiness of and safety improvements
any difference in performance is conserv- for transport category airplanes. These
atively taken into account.
requirements may include performing
[Amdt. 25–140, 79 FR 65528, Nov. 4, 2014] assessments, developing design
changes, developing revisions to In-
PART 26—CONTINUED AIRWORTHI- structions for Continued Airworthiness
NESS AND SAFETY IMPROVE- (ICA), and making necessary docu-
MENTS FOR TRANSPORT CAT- mentation available to affected per-
EGORY AIRPLANES sons. Requirements of this part that
establish standards for design changes
Subpart A—General and revisions to the ICA are considered
airworthiness requirements.
Sec. (b) Except as provided in paragraph
26.1 Purpose and scope. (c) of this section, this part applies to
26.3 [Reserved] the following persons, as specified in
26.5 Applicability table.
each subpart of this part:
Subpart B—Enhanced Airworthiness (1) Holders of type certificates and
Program for Airplane Systems supplemental type certificates.
(2) Applicants for type certificates
26.11 Electrical wiring interconnection sys- and supplemental type certificates and
tems (EWIS) maintenance program. changes to those certificates (including
service bulletins describing design
Subpart C—Aging Airplane Safety—
changes).
Widespread Fatigue Damage
(3) Persons seeking design approval
26.21 Limit of validity. for airplane repairs, alterations, or
26.23 Extended limit of validity. modifications that may affect air-
worthiness.
Subpart D—Fuel Tank Flammability (4) Holders of type certificates and
26.31 Definitions. their licensees producing new air-
26.33 Holders of type certificates: Fuel tank planes.
flammability. (c) An applicant for approval of a de-
26.35 Changes to type certificates affecting sign change is not required to comply
fuel tank flammability. with any applicable airworthiness re-
26.37 Pending type certification projects:
Fuel tank flammability.
quirement of this part if the applicant
26.39 Newly produced airplanes: Fuel tank elects or is required to comply with a
flammability. corresponding amendment to part 25 of
this chapter that is adopted concur-
Subpart E—Aging Airplane Safety—Dam- rently or after that airworthiness re-
age Tolerance Data for Repairs and quirement.
Alterations (d) For the purposes of this part, the
word ‘‘type certificate’’ does not in-
26.41 Definitions.
26.43 Holders of and applicants for type cer- clude supplemental type certificates.
tificates—Repairs.
26.45 Holders of type certificates—Alter- § 26.3 [Reserved]
ations and repairs to alterations.
26.47 Holders of and applicants for a supple- § 26.5 Applicability table.
mental type certificate—Alterations and Table 1 of this section provides an
repairs to alterations. overview of the applicability of this
26.49 Compliance plan.
part. It provides guidance in identi-
AUTHORITY: 49 U.S.C. 106(g), 40113, 44701, fying what sections apply to various
44702 and 44704. types of entities. The specific applica-
lhorne on DSKJLZT7X2PROD with CFR

SOURCE: Docket No. FAA–2004–18379, 72 FR bility of each subpart and section is


63409, Nov. 8, 2007, unless otherwise noted. specified in the regulatory text.

469

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00479 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 26.11 14 CFR Ch. I (1–1–22 Edition)

TABLE 1—APPLICABILITY OF PART 26 RULES


Applicable sections

Subpart E dam-
Subpart C widespread Subpart D fuel tank
Subpart B EAPAS/FTS age
fatigue damage flammability tolerance data

Effective date of rule .................. December 10, 2007 .... January 14, 2011 ........ December 26, 2008 .... January 11,
2008
Existing 1 TC Holders ................. 26.11 ........................... 26.21 ........................... 26.33 ........................... 26.43, 26.45,
26.49
Pending 1 TC Applicants ............ 26.11 ........................... 26.21 ........................... 26.37 ........................... 26.43, 26.45
Future 2 TC applicants ............... N/A .............................. N/A .............................. N/A .............................. 26.43
Existing 1 STC Holders .............. N/A .............................. 26.21 ........................... 26.35 ........................... 26.47, 26.49
Pending 1 STC/ATC applicants .. 26.11 ........................... 26.21 ........................... 26.35 ........................... 26.45, 26.47,
26.49
Future 2 STC/ATC applicants ..... 26.11 ........................... 26.21 ........................... 26.35 ........................... 26.45, 26.47,
26.49
Manufacturers ............................ N/A .............................. N/A .............................. 26.39 ........................... N/A
1 As of the effective date of the identified rule.
2 Application made after the effective date of the identified rule.

[Doc. No. FAA–2006–24281, 75 FR 69782, Nov. 15, 2010]

Subpart B—Enhanced Airworthi- this rule. Each person specified in para-


ness Program for Airplane graph (d) of this section must also re-
Systems view any fuel tank system ICA devel-
oped by that person to comply with
§ 26.11 Electrical wiring interconnec- SFAR 88 to ensure compatibility with
tion systems (EWIS) maintenance the EWIS ICA, including minimizing
program. redundant requirements.
(a) Except as provided in paragraph (c) Applicants for amendments to
(g) of this section, this section applies type certificates and supplemental
to transport category, turbine-powered type certificates, as identified in para-
airplanes with a type certificate issued graph (d) of this section, must:
after January 1, 1958, that, as a result (1) Evaluate whether the design
of the original certification, or later change for which approval is sought ne-
increase in capacity, have— cessitates a revision to the ICA re-
(1) A maximum type-certificated pas- quired by paragraph (b) of this section
senger capacity of 30 or more or to comply with the requirements of Ap-
(2) A maximum payload capacity of pendix H, paragraphs H25.5(a)(1) and
7,500 pounds or more. (b). If so, the applicant must develop
(b) Holders of, and applicants for, and submit the necessary revisions for
type certificates, as identified in para- review and approval by the responsible
graph (d) of this section must develop Aircraft Certification Service office.
Instructions for Continued Airworthi- (2) Ensure that any revised EWIS ICA
ness (ICA) for the representative air- remain compatible with any fuel tank
plane’s EWIS in accordance with part system ICA previously developed to
25, Appendix H paragraphs H25.5(a)(1) comply with SFAR 88 and any redun-
and (b) of this subchapter in effect on dant requirements between them are
December 10, 2007 for each affected type minimized.
design, and submit those ICA for re- (d) The following persons must com-
view and approval by the responsible ply with the requirements of paragraph
Aircraft Certification Service office. (b) or (c) of this section, as applicable,
For purposes of this section, the ‘‘rep- before the dates specified.
resentative airplane’’ is the configura- (1) Holders of type certificates (TC):
tion of each model series airplane that December 10, 2009.
incorporates all variations of EWIS (2) Applicants for TCs, and amend-
used in production on that series air- ments to TCs (including service bul-
plane, and all TC-holder-designed letins describing design changes), if the
lhorne on DSKJLZT7X2PROD with CFR

modifications mandated by airworthi- date of application was before Decem-


ness directive as of the effective date of ber 10, 2007 and the certificate was

470

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00480 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 26.21

issued on or after December 10, 2007: proved in compliance with paragraph


December 10, 2009 or the date the cer- (e) of this section.
tificate is issued, whichever occurs (g) This section does not apply to the
later. following airplane models:
(3) Unless compliance with § 25.1729 of (1) Lockheed L–188
this subchapter is required or elected, (2) Bombardier CL–44
applicants for amendments to TCs, if (3) Mitsubishi YS–11
the application was filed on or after
(4) British Aerospace BAC 1–11
December 10, 2007: December 10, 2009, or
(5) Concorde
the date of approval of the certificate,
whichever occurs later. (6) deHavilland D.H. 106 Comet 4C
(4) Applicants for supplemental type (7) VFW—Vereinigte Flugtechnische
certificates (STC), including changes Werk VFW–614
to existing STCs, if the date of applica- (8) Illyushin Aviation IL 96T
tion was before December 10, 2007 and (9) Bristol Aircraft Britannia 305
the certificate was issued on or after (10) Handley Page Herald Type 300
December 10, 2007: June 7, 2010, or the (11) Avions Marcel Dassault—Breguet
date of approval of the certificate, Aviation Mercure 100C
whichever occurs later. (12) Airbus Caravelle
(5) Unless compliance with § 25.1729 of (13) Lockheed L–300
this subchapter is required or elected, [Amdt. 26–0, 72 FR 63409, Nov. 8, 2007; 72 FR
applicants for STCs, including changes 68618, Dec. 5, 2007, as amended by Doc. No.
to existing STCs, if the application was FAA–2018–0119, Amdt. 26–7, 83 FR 9170, Mar. 5,
filed on or after December 10, 2007, 2018]
June 7, 2010, or the date of approval of
the certificate, whichever occurs later. Subpart C—Aging Airplane Safe-
(e) Each person identified in para- ty—Widespread Fatigue Dam-
graphs (d)(1), (d)(2), and (d)(4) of this
section must submit to the responsible
age
Aircraft Certification Service office for
approval a compliance plan by March SOURCE: Docket No. FAA–2006–24281, 75 FR
10, 2008. The compliance plan must in- 69782, Nov. 15, 2010, unless otherwise noted.
clude the following information:
§ 26.21 Limit of validity.
(1) A proposed project schedule, iden-
tifying all major milestones, for meet- (a) Applicability. Except as provided
ing the compliance dates specified in in paragraph (g) of this section, this
paragraph (d) of this section. section applies to transport category,
(2) A proposed means of compliance turbine-powered airplanes with a max-
with this section, identifying all re- imum takeoff gross weight greater
quired submissions, including all com- than 75,000 pounds and a type certifi-
pliance items as mandated in part 25, cate issued after January 1, 1958, re-
Appendix H paragraphs H25.5(a)(1) and gardless of whether the maximum
(b) of this subchapter in effect on De- takeoff gross weight is a result of an
cember 10, 2007, and all data to be de- original type certificate or a later de-
veloped to substantiate compliance. sign change. This section also applies
(3) A proposal for submitting a draft to transport category, turbine-powered
of all compliance items required by airplanes with a type certificate issued
paragraph (e)(2) of this section for re- after January 1, 1958, if a design change
view by the responsible Aircraft Cer- approval for which application is made
tification Service office not less than after January 14, 2011 has the effect of
60 days before the compliance time reducing the maximum takeoff gross
specified in paragraph (d) of this sec- weight from greater than 75,000 pounds
tion. to 75,000 pounds or less.
(4) A proposal for how the approved (b) Limit of validity. Each person iden-
ICA will be made available to affected tified in paragraph (c) of this section
persons. must comply with the following re-
(f) Each person specified in paragraph quirements:
lhorne on DSKJLZT7X2PROD with CFR

(e) must implement the compliance (1) Establish a limit of validity of the
plan, or later approved revisions, as ap- engineering data that supports the

471

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00481 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 26.21 14 CFR Ch. I (1–1–22 Edition)

structural maintenance program (here- (4) Incorporate the applicable LOV


after referred to as LOV) that cor- established under paragraph (b)(1) of
responds to the period of time, stated this section into the ALS for each air-
as a number of total accumulated plane structural configuration evalu-
flight cycles or flight hours or both, ated under paragraph (b)(1) and submit
during which it is demonstrated that it to the responsible Aircraft Certifi-
widespread fatigue damage will not cation Service office for approval.
occur in the airplane. This demonstra- (c) Persons who must comply and com-
tion must include an evaluation of air- pliance dates. The following persons
plane structural configurations and be must comply with the requirements of
supported by test evidence and analysis paragraph (b) of this section by the
at a minimum and, if available, service specified date.
experience, or service experience and (1) Holders of type certificates (TC)
teardown inspection results, of high- of airplane models identified in Table 1
time airplanes of similar structural de- of this section: No later than the appli-
sign, accounting for differences in op- cable date identified in Table 1 of this
erating conditions and procedures. The section.
airplane structural configurations to (2) Applicants for TCs, if the date of
be evaluated include— application was before January 14, 2011:
(i) All model variations and deriva- No later than the latest of the fol-
tives approved under the type certifi- lowing dates:
cate; and (i) January 14, 2016;
(ii) All structural modifications to (ii) The date the certificate is issued;
and replacements for the airplane or
structural configurations specified in (iii) The date specified in the plan ap-
paragraph (b)(1)(i) of this section, man- proved under § 25.571(b) for completion
dated by airworthiness directives as of of the full-scale fatigue testing and
January 14, 2011. demonstrating that widespread fatigue
(2) If the LOV depends on perform- damage will not occur in the airplane
ance of maintenance actions for which structure.
service information has not been man- (3) Applicants for amendments to
dated by airworthiness directive as of TCs, with the exception of amendments
January 14, 2011, submit the following to TCs specified in paragraphs (c)(6) or
to the responsible Aircraft Certifi- (c)(7) of this section, if the original TC
cation Service office: was issued before January 14, 2011: No
(i) For those maintenance actions for later than the latest of the following
which service information has been dates:
issued as of the applicable compliance (i) January 14, 2016;
date specified in paragraph (c) of this (ii) The date the amended certificate
section, a list identifying each of those is issued; or
actions. (iii) The date specified in the plan ap-
(ii) For those maintenance actions proved under § 25.571(b) for completion
for which service information has not of the full-scale fatigue testing and
been issued as of the applicable compli- demonstrating that widespread fatigue
ance date specified in paragraph (c) of damage will not occur in the airplane
this section, a list identifying each of structure.
those actions and a binding schedule (4) Applicants for amendments to
for providing in a timely manner the TCs, with the exception of amendments
necessary service information for those to TCs specified in paragraphs (c)(6) or
actions. Once the responsible Aircraft (c)(7) of this section, if the application
Certification Service office approves for the original TC was made before
this schedule, each person identified in January 14, 2011 but the TC was not
paragraph (c) of this section must com- issued before January 14, 2011: No later
ply with that schedule. than the latest of the following dates:
(3) Unless previously accomplished, (i) January 14, 2016;
establish an Airworthiness Limitations (ii) The date the amended certificate
section (ALS) for each airplane struc- is issued; or
lhorne on DSKJLZT7X2PROD with CFR

tural configuration evaluated under (iii) The date specified in the plan ap-
paragraph (b)(1) of this section. proved under § 25.571(b) for completion

472

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00482 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 26.21

of the full-scale fatigue testing and fied in paragraph (c) of this section, as
demonstrating that widespread fatigue applicable.
damage will not occur in the airplane (4) A proposal for how the LOV will
structure. be distributed.
(5) Holders of either supplemental (e) Compliance dates for compliance
type certificates (STCs) or amend- plans. The following persons must sub-
ments to TCs that increase maximum mit the compliance plan described in
takeoff gross weights from 75,000 paragraph (d) of this section to the re-
pounds or less to greater than 75,000 sponsible Aircraft Certification Service
pounds: No later than July 14, 2012. office by the specified date.
(6) Applicants for either STCs or (1) Holders of type certificates: No
amendments to TCs that increase max- later than April 14, 2011.
imum takeoff gross weights from 75,000 (2) Applicants for TCs and amend-
pounds or less to greater than 75,000 ments to TCs, with the exception of
pounds: No later than the latest of the amendments to TCs specified in para-
following dates: graphs (e)(4), (e)(5), or (e)(6) of this sec-
(i) July 14, 2012; tion, if the date of application was be-
(ii) The date the certificate is issued; fore January 14, 2011 but the TC or TC
or amendment was not issued before Jan-
(iii) The date specified in the plan ap- uary 14, 2011: No later than April 14,
proved under § 25.571(b) for completion 2011.
of the full-scale fatigue testing and (3) Holders of either supplemental
demonstrating that widespread fatigue type certificates or amendments to TCs
damage will not occur in the airplane that increase maximum takeoff gross
structure. weights from 75,000 pounds or less to
(7) Applicants for either STCs or greater than 75,000 pounds: No later
amendments to TCs that decrease max- than April 14, 2011.
imum takeoff gross weights from (4) Applicants for either STCs or
greater than 75,000 pounds to 75,000 amendments to TCs that increase max-
pounds or less, if the date of applica- imum takeoff gross weights from 75,000
tion was after January 14, 2011: No pounds or less to greater than 75,000
later than the latest of the following pounds, if the date of application was
dates: before January 14, 2011: No later than
(i) July 14, 2012; April 14, 2011.
(ii) The date the certificate is issued; (5) Applicants for either STCs or
or amendments to TCs that increase max-
(iii) The date specified in the plan ap- imum takeoff gross weights from 75,000
proved under § 25.571(b) for completion pounds or less to greater than 75,000
of the full-scale fatigue testing and pounds, if the date of application is on
demonstrating that widespread fatigue or after January 14, 2011: Within 90
damage will not occur in the airplane days after the date of application.
structure. (6) Applicants for either STCs or
(d) Compliance plan. Each person amendments to TCs that decrease max-
identified in paragraph (e) of this sec- imum takeoff gross weights from
tion must submit a compliance plan greater than 75,000 pounds to 75,000
consisting of the following: pounds or less, if the date of applica-
(1) A proposed project schedule, iden- tion is on or after January 14, 2011:
tifying all major milestones, for meet- Within 90 days after the date of appli-
ing the compliance dates specified in cation.
paragraph (c) of this section. (f) Compliance plan implementation.
(2) A proposed means of compliance Each affected person must implement
with paragraphs (b)(1) through (b)(4) of the compliance plan as approved in
this section. compliance with paragraph (d) of this
(3) A proposal for submitting a draft section.
of all compliance items required by (g) Exceptions. This section does not
paragraph (b) of this section for review apply to the following airplane models:
by the responsible Aircraft Certifi- (1) Bombardier BD–700.
lhorne on DSKJLZT7X2PROD with CFR

cation Service office not less than 60 (2) Bombardier CL–44.


days before the compliance date speci- (3) Gulfstream GV.

473

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00483 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 26.23 14 CFR Ch. I (1–1–22 Edition)

(4) Gulfstream GV–SP. (10) Lockheed 300–50A01 (USAF


(5) British Aerospace, Aircraft Group, C141A).
and Societe Nationale Industrielle (11) Boeing 707.
Aerospatiale Concorde Type 1. (12) Boeing 720.
(6) British Aerospace (Commercial (13) deHavilland D.H. 106 Comet 4C.
Aircraft) Ltd., Armstrong Whitworth (14) Ilyushin Aviation IL–96T.
Argosy A.W. 650 Series 101. (15) Bristol Aircraft Britannia 305.
(16) Avions Marcel Dassault-Breguet
(7) British Aerospace Airbus, Ltd.,
Aviation Mercure 100C.
BAC 1–11.
(17) Airbus Caravelle.
(8) BAE Systems (Operations) Ltd., (18) D & R Nevada, LLC, Convair
BAe 146. Model 22.
(9) BAE Systems (Operations) Ltd., (19) D & R Nevada, LLC, Convair
Avro 146. Model 23M.
TABLE 1—COMPLIANCE DATES FOR AFFECTED AIRPLANES
Compliance date—
Airplane model (months after January
(all existing 1 models) 14, 2011)

Airbus:
A300 Series .................................................................................................................................... 18
A310 Series, A300–600 Series ...................................................................................................... 48
A318 Series .................................................................................................................................... 48
A319 Series .................................................................................................................................... 48
A320 Series .................................................................................................................................... 48
A321 Series .................................................................................................................................... 48
A330–200, –200 Freighter, –300 Series ........................................................................................ 48
A340–200, –300, –500, –600 Series .............................................................................................. 48
A380–800 Series ............................................................................................................................ 60
Boeing:
717 .................................................................................................................................................. 48
727 (all series) ................................................................................................................................ 18
737 (Classics): 737–100, –200, –200C, –300, –400, –500 ........................................................... 18
737 (NG): 737–600, –700, –700C, –800, –900, –900ER .............................................................. 48
747 (Classics): 747–100, –100B, –100B SUD, –200B, –200C, –200F, –300, 747SP, 747SR ..... 18
747–400: 747–400, –400D, –400F ................................................................................................. 48
757 .................................................................................................................................................. 48
767 .................................................................................................................................................. 48
777–200, –300 ................................................................................................................................ 48
777–200LR, 777–300ER, 777F ...................................................................................................... 60
Bombardier:
CL–600: 2D15 (Regional Jet Series 705), 2D24 (Regional Jet Series 900) ................................. 60
Embraer:
ERJ 170 .......................................................................................................................................... 60
ERJ 190 .......................................................................................................................................... 60
Fokker:
F.28 Mark 0070, Mark 0100 ........................................................................................................... 18
Lockheed:
L–1011 ............................................................................................................................................ 18
188 .................................................................................................................................................. 18
382 (all series) ................................................................................................................................ 18
McDonnell Douglas:
DC–8, –8F ....................................................................................................................................... 18
DC–9 ............................................................................................................................................... 18
MD–80 (DC–9–81, –82, –83, –87, MD–88) ................................................................................... 18
MD–90 ............................................................................................................................................. 48
DC–10 ............................................................................................................................................. 18
MD–10 ............................................................................................................................................. 48
MD–11, –11F .................................................................................................................................. 48
All Other Airplane Models Listed on a Type Certificate as of January 14, 2011 .......................... 60
1 Type certificated as of January 14, 2011.

[Doc. No. FAA–2006–24281, 75 FR 69782, Nov. § 26.23 Extended limit of validity.


15, 2010, as amended at 77 FR 30878, May 24,
2012; Doc. No. FAA–2018–0119, Amdt. 26–7, 83 (a) Applicability. Any person may
lhorne on DSKJLZT7X2PROD with CFR

FR 9169, Mar. 5, 2018] apply to extend a limit of validity of


the engineering data that supports the

474

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00484 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 26.33

structural maintenance program (here- reaches the proposed extended LOV.


after referred to as LOV) approved These maintenance actions must be
under § 25.571 of this subchapter, § 26.21, documented as airworthiness limita-
or this section. Extending an LOV is a tion items in the ALS and submitted to
major design change. The applicant the responsible Aircraft Certification
must comply with the relevant provi- Service office for approval.
sions of subparts D or E of part 21 of
[Docket No. FAA–2006–24281, 75 FR 69782,
this subchapter and paragraph (b) of Nov. 15, 2010, as amended by Doc. No. FAA–
this section. 2018–0119, Amdt. 26–7, 83 FR 9169, Mar. 5, 2018]
(b) Extended limit of validity. Each per-
son applying for an extended LOV must
comply with the following require-
Subpart D—Fuel Tank
ments: Flammability
(1) Establish an extended LOV that
corresponds to the period of time, stat- SOURCE: Docket No. FAA–2005–22997, 73 FR
ed as a number of total accumulated 42499, July 21, 2008, unless otherwise noted.
flight cycles or flight hours or both,
§ 26.31 Definitions.
during which it is demonstrated that
widespread fatigue damage will not For purposes of this subpart—
occur in the airplane. This demonstra- (a) Fleet Average Flammability Expo-
tion must include an evaluation of air- sure has the meaning defined in Appen-
plane structural configurations and be dix N of part 25 of this chapter.
supported by test evidence and analysis (b) Normally Emptied means a fuel
at a minimum and, if available, service tank other than a Main Fuel Tank.
experience, or service experience and Main Fuel Tank is defined in 14 CFR
teardown inspection results, of high- 25.981(b).
time airplanes of similar structural de-
sign, accounting for differences in op- § 26.33 Holders of type certificates:
erating conditions and procedures. The Fuel tank flammability.
airplane structural configurations to (a) Applicability. This section applies
be evaluated include— to U.S. type certificated transport cat-
(i) All model variations and deriva- egory, turbine-powered airplanes, other
tives approved under the type certifi- than those designed solely for all-cargo
cate for which approval for an exten- operations, for which the State of Man-
sion is sought; and ufacture issued the original certificate
(ii) All structural modifications to of airworthiness or export airworthi-
and replacements for the airplane ness approval on or after January 1,
structural configurations specified in 1992, that, as a result of original type
paragraph (b)(1)(i) of this section, man- certification or later increase in capac-
dated by airworthiness directive, up to ity have:
the date of approval of the extended (1) A maximum type-certificated pas-
LOV. senger capacity of 30 or more, or
(2) Establish a revision or supple- (2) A maximum payload capacity of
ment, as applicable, to the Airworthi- 7,500 pounds or more.
ness Limitations section (ALS) of the (b) Flammability Exposure Analysis. (1)
Instructions for Continued Airworthi- General. Within 150 days after Decem-
ness required by § 25.1529 of this sub- ber 26, 2008, holders of type certificates
chapter, and submit it to the respon- must submit for approval to the re-
sible Aircraft Certification Service of- sponsible Aircraft Certification Service
fice for approval. The revised ALS or office a flammability exposure analysis
supplement to the ALS must include of all fuel tanks defined in the type de-
the applicable extended LOV estab- sign, as well as all design variations
lished under paragraph (b)(1) of this approved under the type certificate
section. that affect flammability exposure. This
(3) Develop the maintenance actions analysis must be conducted in accord-
determined by the WFD evaluation per- ance with Appendix N of part 25 of this
formed in paragraph (b)(1) of this sec- chapter.
lhorne on DSKJLZT7X2PROD with CFR

tion to be necessary to preclude WFD (2) Exception. This paragraph (b) does
from occurring before the airplane not apply to—

475

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00485 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 26.33 14 CFR Ch. I (1–1–22 Edition)

(i) Fuel tanks for which the type cer- office design changes and service in-
tificate holder has notified the FAA structions for installation of fuel tank
under paragraph (g) of this section that IMM that comply with 14 CFR 25.981(c)
it will provide design changes and serv- in effect on December 26, 2008.
ice instructions for Flammability Re- (e) Instructions for Continued Air-
duction Means or an Ignition Mitiga- worthiness (ICA). No later than Decem-
tion Means (IMM) meeting the require- ber 27, 2010, holders of type certificates
ments of paragraph (c) of this section. required by paragraph (c) of this sec-
(ii) Fuel tanks substantiated to be tion to make design changes must sub-
conventional unheated aluminum wing mit for approval by the responsible
tanks. Aircraft Certification Service office,
(c) Design Changes. For fuel tanks critical design configuration control
with a Fleet Average Flammability Ex- limitations (CDCCL), inspections, or
posure exceeding 7 percent, one of the other procedures to prevent increasing
following design changes must be the flammability exposure of any tanks
made. equipped with FRM above that per-
(1) Flammability Reduction Means mitted under paragraph (c)(1) of this
(FRM). A means must be provided to section and to prevent degradation of
reduce the fuel tank flammability. the performance of any IMM provided
(i) Fuel tanks that are designed to be under paragraph (c)(2) of this section.
Normally Emptied must meet the These CDCCL, inspections, and proce-
flammability exposure criteria of Ap- dures must be included in the Air-
pendix M of part 25 of this chapter if worthiness Limitations Section (ALS)
any portion of the tank is located with- of the ICA required by 14 CFR 25.1529 or
in the fuselage contour. paragraph (f) of this section. Unless
(ii) For all other fuel tanks, the FRM shown to be impracticable, visible
must meet all of the requirements of means to identify critical features of
Appendix M of part 25 of this chapter, the design must be placed in areas of
except, instead of complying with para- the airplane where foreseeable mainte-
graph M25.1 of this appendix, the Fleet nance actions, repairs, or alterations
Average Flammability Exposure may may compromise the critical design
not exceed 7 percent. configuration limitations. These visi-
(2) Ignition Mitigation Means (IMM). A ble means must also be identified as a
means must be provided to mitigate CDCCL.
the effects of an ignition of fuel vapors (f) Airworthiness Limitations. Unless
within the fuel tank such that no dam- previously accomplished, no later than
age caused by an ignition will prevent December 27, 2010, holders of type cer-
continued safe flight and landing. tificates affected by this section must
(d) Service Instructions. No later than establish an ALS of the maintenance
December 27, 2010, holders of type cer- manual or ICA for each airplane con-
tificates required by paragraph (c) of figuration evaluated under paragraph
this section to make design changes (b)(1) of this section and submit it to
must meet the requirements specified the responsible Aircraft Certification
in either paragraph (d)(1) or (d)(2) of Service office for approval. The ALS
this section. The required service in- must include a section that contains
structions must identify each airplane the CDCCL, inspections, or other pro-
subject to the applicability provisions cedures developed under paragraph (e)
of paragraph (a) of this section. of this section.
(1) FRM. The type certificate holder (g) Compliance Plan for Flammability
must submit for approval by the re- Exposure Analysis. Within 90 days after
sponsible Aircraft Certification Service December 26, 2008, each holder of a type
office design changes and service in- certificate required to comply with
structions for installation of fuel tank paragraph (b) of this section must sub-
flammability reduction means (FRM) mit to the responsible Aircraft Certifi-
meeting the criteria of paragraph (c) of cation Service office a compliance plan
this section. consisting of the following:
(2) IMM. The type certificate holder (1) A proposed project schedule for
lhorne on DSKJLZT7X2PROD with CFR

must submit for approval by the re- submitting the required analysis, or a
sponsible Aircraft Certification Service determination that compliance with

476

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00486 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 26.35

paragraph (b) of this section is not re- supplemental type certificate or an


quired because design changes and amendment to a type certificate was
service instructions for FRM or IMM made before December 26, 2008 and if
will be developed and made available as the approval was not issued before De-
required by this section. cember 26, 2008; and
(2) A proposed means of compliance (3) If an application for a supple-
with paragraph (b) of this section, if mental type certificate or an amend-
applicable. ment to a type certificate is made on
(h) Compliance Plan for Design or after December 26, 2008, any of the
Changes and Service Instructions. Within following design changes:
210 days after December 26, 2008, each (i) Installation of a fuel tank de-
holder of a type certificate required to signed to be Normally Emptied,
comply with paragraph (d) of this sec- (ii) Changes to existing fuel tank ca-
tion must submit to the responsible pacity, or
Aircraft Certification Service office a (iii) Changes that may increase the
compliance plan consisting of the fol- flammability exposure of an existing
lowing: fuel tank for which FRM or IMM is re-
(1) A proposed project schedule, iden- quired by § 26.33(c).
tifying all major milestones, for meet- (b) Flammability Exposure Analysis—(1)
ing the compliance dates specified in General. By the times specified in para-
paragraphs (d), (e) and (f) of this sec- graphs (b)(1)(i) and (b)(1)(ii) of this sec-
tion. tion, each person subject to this sec-
(2) A proposed means of compliance tion must submit for approval a flam-
with paragraphs (d), (e) and (f) of this mability exposure analysis of the aux-
section. iliary fuel tanks or other affected fuel
(3) A proposal for submitting a draft tanks, as defined in the type design, to
of all compliance items required by the responsible Aircraft Certification
paragraphs (d), (e) and (f) of this sec- Service office. This analysis must be
tion for review by the responsible Air- conducted in accordance with Appendix
craft Certification Service office not N of part 25 of this chapter.
less than 60 days before the compliance (i) Holders of supplemental type cer-
times specified in those paragraphs. tificates and field approvals: Within 12
(4) A proposal for how the approved months of December 26, 2008,
service information and any necessary (ii) Applicants for supplemental type
modification parts will be made avail- certificates and for amendments to
able to affected persons. type certificates: Within 12 months
(i) Each affected type certificate after December 26, 2008, or before the
holder must implement the compliance certificate is issued, whichever occurs
plans, or later revisions, as approved later.
under paragraph (g) and (h) of this sec- (2) Exception. This paragraph does not
tion. apply to—
[Doc. No. FAA–2005–22997, 73 FR 42499, July (i) Fuel tanks for which the type cer-
21, 2008, as amended by Amdt. 26–3, 74 FR tificate holder, supplemental type cer-
31619, July 2, 2009; Doc. No. FAA–2018–0119, tificate holder, or field approval holder
Amdt. 26–7, 83 FR 9169, Mar. 5, 2018] has notified the FAA under paragraph
(f) of this section that it will provide
§ 26.35 Changes to type certificates af- design changes and service instructions
fecting fuel tank flammability. for an IMM meeting the requirements
(a) Applicability. This section applies of § 25.981(c) in effect December 26, 2008;
to holders and applicants for approvals and
of the following design changes to any (ii) Fuel tanks substantiated to be
airplane subject to 14 CFR 26.33(a): conventional unheated aluminum wing
(1) Any fuel tank designed to be Nor- tanks.
mally Emptied if the fuel tank instal- (c) Impact Assessment. By the times
lation was approved pursuant to a sup- specified in paragraphs (c)(1) and (c)(2)
plemental type certificate or a field ap- of this section, each person subject to
proval before December 26, 2008; paragraph (a)(1) of this section holding
lhorne on DSKJLZT7X2PROD with CFR

(2) Any fuel tank designed to be Nor- an approval for installation of a Nor-
mally Emptied if an application for a mally Emptied fuel tank on an airplane

477

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00487 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 26.35 14 CFR Ch. I (1–1–22 Edition)

model listed in Table 1 of this section, CDCCL. Any fuel tank modified as re-
and each person subject to paragraph quired by this paragraph must also be
(a)(3)(iii) of this section, must submit evaluated as required by paragraph (b)
for approval to the responsible Aircraft of this section.
Certification Service office an assess- (2) Applicants subject to paragraph
ment of the fuel tank system, as modi- (a)(2), or (a)(3)(i) of this section must
fied by their design change. The assess- comply with the requirements of 14
ment must identify any features of the CFR 25.981, in effect on December 26,
design change that compromise any 2008.
critical design configuration control (3) Applicants subject to paragraph
limitation (CDCCL) applicable to any (a)(3)(ii) of this section must comply
airplane on which the design change is with the requirements of 14 CFR 26.33.
eligible for installation. (e) Compliance Times for Design
(1) Holders of supplemental type cer- Changes and Service Instructions. The
tificates and field approvals: Before following persons subject to this sec-
June 26, 2011. tion must comply with the require-
(2) Applicants for supplemental type ments of paragraph (d) of this section
certificates and for amendments to at the specified times.
type certificates: Before June 26, 2011
(1) Holders of supplemental type cer-
or before the certificate is issued,
tificates and field approvals: Before De-
whichever occurs later.
cember 26, 2012.
TABLE 1 (2) Applicants for supplemental type
certificates and for amendments to
type certificates: Before December 26,
Model—Boeing
2012, or before the certificate is issued,
747 Series whichever occurs later.
737 Series (f) Compliance Planning. By the appli-
777 Series cable date specified in Table 2 of this
767 Series section, each person subject to para-
757 Series graph (a)(1) of this section must submit
for approval by the responsible Aircraft
Model—Airbus Certification Service office compliance
plans for the flammability exposure
A318, A319, A320, A321 Series analysis required by paragraph (b) of
A300, A310 Series this section, the impact assessment re-
A330, A340 Series quired by paragraph (c) of this section,
and the design changes and service in-
(d) Design Changes and Service Instruc- structions required by paragraph (d) of
tions. By the times specified in para- this section. Each person’s compliance
graph (e) of this section, each person plans must include the following:
subject to this section must meet the (1) A proposed project schedule for
requirements of paragraphs (d)(1) or submitting the required analysis or im-
(d)(2) of this section, as applicable. pact assessment.
(1) For holders and applicants subject (2) A proposed means of compliance
to paragraph (a)(1) or (a)(3)(iii) of this with paragraph (d) of this section.
section, if the assessment required by (3) For the requirements of paragraph
paragraph (c) of this section identifies (d) of this section, a proposal for sub-
any features of the design change that mitting a draft of all design changes, if
compromise any CDCCL applicable to any are required, and Airworthiness
any airplane on which the design Limitations (including CDCCLs) for re-
change is eligible for installation, the view by the responsible Aircraft Cer-
holder or applicant must submit for ap- tification Service office not less than
proval by the responsible Aircraft Cer- 60 days before the compliance time
tification Service office design changes specified in paragraph (e) of this sec-
and service instructions for Flamma- tion.
bility Impact Mitigation Means (4) For the requirements of paragraph
lhorne on DSKJLZT7X2PROD with CFR

(FIMM) that would bring the design (d) of this section, a proposal for how
change into compliance with the the approved service information and

478

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00488 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 26.41

any necessary modification parts will


be made available to affected persons.
TABLE 2—COMPLIANCE PLANNING DATES
Flammability exposure anal- Design changes and service
Impact assessment plan
ysis plan instructions plan

STC and Field Approval Hold- March 26, 2009 ...................... February 26, 2011 .................. August 26, 2011.
ers.

(g) Each person subject to this sec- (b) Any fuel tank meeting all of the
tion must implement the compliance criteria stated in paragraphs (b)(1),
plans, or later revisions, as approved (b)(2) and (b)(3) of this section must
under paragraph (f) of this section. have flammability reduction means
[Doc. No. FAA–2005–22997, 73 FR 42499, July (FRM) or ignition mitigation means
21, 2008, as amended by Amdt. 26–3, 74 FR (IMM) that meet the requirements of 14
31619, July 2, 2009; Doc. No. FAA–2018–0119, CFR 25.981 in effect on December 26,
Amdt. 26–7, 83 FR 9170, Mar. 5, 2018] 2008.
(1) The fuel tank is Normally
§ 26.37 Pending type certification Emptied.
projects: Fuel tank flammability.
(2) Any portion of the fuel tank is lo-
(a) Applicability. This section applies cated within the fuselage contour.
to any new type certificate for a trans- (3) The fuel tank exceeds a Fleet Av-
port category airplane, if the applica- erage Flammability Exposure of 7 per-
tion was made before December 26, cent.
2008, and if the certificate was not (c) All other fuel tanks that exceed
issued before December 26, 2008. This an Fleet Average Flammability Expo-
section applies only if the airplane sure of 7 percent must have an IMM
would have— that meets 14 CFR 25.981(d) in effect on
(1) A maximum type-certificated pas- December 26, 2008, or an FRM that
senger capacity of 30 or more, or meets all of the requirements of Appen-
(2) A maximum payload capacity of dix M to this part, except instead of
7,500 pounds or more. complying with paragraph M25.1 of
(b) If the application was made on or that appendix, the Fleet Average Flam-
after June 6, 2001, the requirements of mability Exposure may not exceed 7
14 CFR 25.981 in effect on December 26, percent.
2008, apply.
[Doc. No. FAA–2005–22997, 73 FR 42499, July
[Doc. No. FAA–2005–22997, 73 FR 42499, July 21, 2008, as amended by Amdt. 26–3, 74 FR
21, 2008, as amended by Amdt. 26–3, 74 FR 31619, July 2, 2009]
31619, July 2, 2009]

§ 26.39 Newly produced airplanes: Fuel Subpart E—Aging Airplane Safe-


tank flammability. ty—Damage Tolerance Data
(a) Applicability: This section applies for Repairs and Alterations
to Boeing model airplanes specified in
Table 1 of this section, including pas- SOURCE: Docket No. FAA–2005–21693, 72 FR
senger and cargo versions of each 70505, Dec. 12, 2007, unless otherwise noted.
model, when application is made for
original certificates of airworthiness or § 26.41 Definitions.
export airworthiness approvals after
Affects (or Affected) means structure
December 27, 2010.
has been physically repaired, altered,
TABLE 1 or modified, or the structural loads
acting on the structure have been in-
Model—Boeing creased or redistributed.
747 Series Baseline structure means structure
737 Series that is designed under the original type
lhorne on DSKJLZT7X2PROD with CFR

777 Series certificate or amended type certificate


767 Series
for that airplane model.

479

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00489 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 26.43 14 CFR Ch. I (1–1–22 Edition)

Damage Tolerance Evaluation (DTE) tural repair manuals and service bul-
means a process that leads to a deter- letins (or equivalent types of docu-
mination of maintenance actions nec- ments).
essary to detect or preclude fatigue
cracking that could contribute to a § 26.43 Holders of and applicants for
catastrophic failure. As applied to re- type certificates—Repairs.
pairs and alterations, a DTE includes (a) Applicability. Except as specified
the evaluation both of the repair or al- in paragraph (g) of this section, this
teration and of the fatigue critical section applies to transport category,
structure affected by the repair or al- turbine powered airplane models with a
teration. type certificate issued after January 1,
Damage Tolerance Inspection (DTI) 1958, that as a result of original type
means the inspection developed as a re- certification or later increase in capac-
sult of a DTE. A DTI includes the areas ity have—
to be inspected, the inspection method, (1) A maximum type certificated pas-
the inspection procedures, including senger seating capacity of 30 or more;
acceptance and rejection criteria, the or
threshold, and any repeat intervals as- (2) A maximum payload capacity of
sociated with those inspections. The 7,500 pounds or more.
DTI may specify a time limit when a (b) List of fatigue critical baseline struc-
repair or alteration needs to be re- ture. For airplanes specified in para-
placed or modified. If the DTE con- graph (a) of this section, the holder of
cludes that DT-based supplemental or applicant for a type certificate
structural inspections are not nec- must—
essary, the DTI contains a statement
(1) Identify fatigue critical baseline
to that effect.
structure for all airplane model vari-
DT data mean DTE documentation
ations and derivatives approved under
and the DTI.
the type certificate; and
DTE documentation means data that
identify the evaluated fatigue critical (2) Develop and submit to the respon-
structure, the basic assumptions ap- sible Aircraft Certification Service of-
plied in a DTE, and the results of a fice for review and approval, a list of
DTE. the structure identified under para-
Fatigue critical structure means air- graph (b)(1) of this section and, upon
plane structure that is susceptible to approval, make the list available to
fatigue cracking that could contribute persons required to comply with § 26.47
to a catastrophic failure, as determined and §§ 121.1109 and 129.109 of this chap-
in accordance with § 25.571 of this chap- ter.
ter. Fatigue critical structure includes (c) Existing and future published repair
structure, which, if repaired or altered, data. For repair data published by a
could be susceptible to fatigue crack- holder of a type certificate that is cur-
ing and contribute to a catastrophic rent as of January 11, 2008 and for all
failure. Such structure may be part of later published repair data, the holder
the baseline structure or part of an al- of a type certificate must—
teration. (1) Review the repair data and iden-
Implementation schedule consists of tify each repair specified in the data
documentation that establishes the that affects fatigue critical baseline
timing for accomplishing the necessary structure identified under paragraph
actions for developing DT data for re- (b)(1) of this section;
pairs and alterations, and for incor- (2) Perform a DTE and develop the
porating those data into an operator’s DTI for each repair identified under
continuing airworthiness maintenance paragraph (c)(1) of this section, unless
program. The documentation must previously accomplished;
identify times when actions must be (3) Submit the DT data to the respon-
taken as specific numbers of airplane sible Aircraft Certification Service of-
flight hours, flight cycles, or both. fice or its properly authorized des-
Published repair data mean instruc- ignees for review and approval; and
lhorne on DSKJLZT7X2PROD with CFR

tions for accomplishing repairs, which (4) Upon approval, make the DTI
are published for general use in struc- available to persons required to comply

480

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00490 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 26.43

with §§ 121.1109 and 129.109 of this chap- assistance available in accordance with
ter. the implementation schedule.
(d) Future repair data not published. (f) Compliance times. Holders of type
For repair data developed by a holder certificates must submit the following
of a type certificate that are approved to the responsible Aircraft Certifi-
after January 11, 2008 and are not pub- cation Service office or its properly au-
lished, the type certificate holder must thorized designees for review and ap-
accomplish the following for repairs proval by the specified compliance
specified in the repair data that affect time:
fatigue critical baseline structure: (1) The identified list of fatigue crit-
(1) Perform a DTE and develop the ical baseline structure required by
DTI. paragraph (b)(2) of this section must be
(2) Submit the DT data required in submitted no later than 180 days after
paragraph (d)(1) of this section for re- January 11, 2008 or before issuance of
view and approval by the responsible the type certificate, whichever occurs
Aircraft Certification Service office or later.
its properly authorized designees. (2) For published repair data that are
(3) Upon approval, make the approved current as of January 11, 2008, the DT
DTI available to persons required to data required by paragraph (c)(3) of
comply with §§ 121.1109 and 129.109 of this section must be submitted by June
this chapter. 30, 2009.
(3) For repair data published after
(e) Repair evaluation guidelines. Ex-
January 11, 2008, the DT data required
cept for airplane models whose type
by paragraph (c)(3) of this section must
certificate is issued after January 11,
be submitted before FAA approval of
2008, holders of a type certificate for
the repair data.
each airplane model subject to this sec-
(4) For unpublished repair data devel-
tion must—
oped after January 11, 2008, the DT
(1) Develop repair evaluation guide-
data required by paragraph (d)(1) of
lines for operators’ use that include—
this section must be submitted within
(i) A process for conducting surveys 12 months of the airplane’s return to
of affected airplanes that will enable service or in accordance with a sched-
identification and documentation of all ule approved by the responsible Air-
existing repairs that affect fatigue craft Certification Service office.
critical baseline structure identified (5) The repair evaluation guidelines
under paragraph (b)(1) of this section required by paragraph (e)(1) of this sec-
and § 26.45(b)(2); tion must be submitted by December
(ii) A process that will enable opera- 30, 2009.
tors to obtain the DTI for repairs iden- (g) Exceptions. The requirements of
tified under paragraph (e)(1)(i) of this this section do not apply to the fol-
section; and lowing transport category airplane
(iii) An implementation schedule for models:
repairs covered by the repair evalua- (1) Convair CV–240, 340, 440, if modi-
tion guidelines. The implementation fied to include turbine engines.
schedule must identify times when ac- (2) Vickers Armstrong Viscount,
tions must be taken as specific num- TCDS No. A–814.
bers of airplane flight hours, flight cy- (3) Douglas DC–3, if modified to in-
cles, or both. clude turbine engines, TCDS No. A–618.
(2) Submit the repair evaluation (4) Bombardier CL–44, TCDS No.
guidelines to the responsible Aircraft 1A20.
Certification Service office for review (5) Mitsubishi YS–11, TCDS No.
and approval. A1PC.
(3) Upon approval, make the guide- (6) British Aerospace BAC 1–11, TCDS
lines available to persons required to No. A5EU.
comply with §§ 121.1109 and 129.109 of (7) Concorde, TCDS No. A45EU.
this chapter. (8) deHavilland D.H. 106 Comet 4C,
(4) If the guidelines direct the oper- TCDS No. 7A10.
lhorne on DSKJLZT7X2PROD with CFR

ator to obtain assistance from the (9) deHavilland DHC–7, TCDS No.
holder of a type certificate, make such A20EA.

481

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00491 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 26.45 14 CFR Ch. I (1–1–22 Edition)

(10) VFW-Vereinigte Flugtechnische ical baseline structure that is affected


Werk VFW–614, TCDS No. A39EU. by the alteration;
(11) Illyushin Aviation IL 96T, TCDS (2) Submit the DT data developed in
No. A54NM. accordance with paragraphs (c)(1) of
(12) Bristol Aircraft Britannia 305, this section to the responsible Aircraft
TCDS No. 7A2. Certification Service office or its prop-
(13) Handley Page Herald Type 300, erly authorized designees for review
TCDS No. A21N. and approval; and
(14) Avions Marcel Dassault—Breguet (3) Upon approval, make the DTI
Aviation Mercure 100C, TCDS No. available to persons required to comply
A40EU. with §§ 121.1109 and 129.109 of this chap-
(15) Airbus Caravelle, TCDS No. 7A6. ter.
(16) Lockheed L–300, TCDS No. A2S0. (d) DT Data for Repairs Made to Alter-
(17) Boeing 707–100/–200, TCDS No. ations. For existing and future repair
4A21. data developed by a holder of a type
(18) Boeing 707–300/–400, TCDS No. certificate, the type certificate holder
4A26. must—
(19) Boeing 720, TCDS No. 4A28. (1) Review the repair data, and iden-
tify each repair that affects any fa-
[Doc. No. FAA–2005–21693, 72 FR 70505, Dec.
tigue critical alteration structure iden-
12, 2007, as amended by Amdt. 26–4, 75 FR
11734, Mar. 12, 2010; Doc. No. FAA–2018–0119, tified under paragraph (b)(2) of this sec-
Amdt. 26–7, 83 FR 9170, Mar. 5, 2018] tion;
(2) For each repair identified under
§ 26.45 Holders of type certificates—Al- paragraph (d)(1) of this section, unless
terations and repairs to alterations. previously accomplished, perform a
(a) Applicability. This section applies DTE and develop DTI;
to transport category airplanes subject (3) Submit the DT data developed in
to § 26.43. accordance with paragraph (d)(2) of
(b) Fatigue critical alteration structure. this section to the responsible Aircraft
For existing and future alteration data Certification Service office or its prop-
developed by the holder of a type cer- erly authorized designees for review
tificate, the holder must— and approval; and
(1) Review alteration data and iden- (4) Upon approval, make the DTI
tify all alterations that affect fatigue available to persons required to comply
critical baseline structure identified with §§ 121.1109 and 129.109 of this chap-
under § 26.43(b)(1); ter.
(2) For each alteration identified (e) Compliance times. Holders of type
under paragraph (b)(1) of this section, certificates must submit the following
identify any fatigue critical alteration to the responsible Aircraft Certifi-
structure; cation Service office or its properly au-
(3) Develop and submit to the respon- thorized designees for review and ap-
sible Aircraft Certification Service of- proval by the specified compliance
fice for review and approval a list of time:
the structure identified under para- (1) The list of fatigue critical alter-
graph (b)(2) of this section; and ation structure identified under para-
(4) Upon approval, make the list re- graph (b)(3) of this section must be sub-
quired in paragraph (b)(3) of this sec- mitted—
tion available to persons required to (i) No later than 360 days after Janu-
comply with §§ 121.1109 and 129.109 of ary 11, 2008, for alteration data ap-
this chapter. proved before January 11, 2008.
(c) DT Data. For existing and future (ii) No later than 30 days after March
alteration data developed by the holder 12, 2010 or before initial approval of the
of a type certificate that affect fatigue alteration data, whichever occurs
critical baseline structure identified later, for alteration data approved on
under § 26.43(b)(1), unless previously ac- or after January 11, 2008.
complished, the holder must— (2) For alteration data developed and
lhorne on DSKJLZT7X2PROD with CFR

(1) Perform a DTE and develop the approved before January 11, 2008, the
DTI for the alteration and fatigue crit- DT data required by paragraph (c)(2) of

482

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00492 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 26.47

this section must be submitted by June ture identified under § 26.43(b)(1), unless
30, 2009. previously accomplished, the holder of
(3) For alteration data approved on a supplemental type certificate must—
or after January 11, 2008, DT data re- (1) Perform a DTE and develop the
quired by paragraph (c)(2) of this sec- DTI for the alteration and fatigue crit-
tion must be submitted before initial ical baseline structure that is affected
approval of the alteration data. by the alteration;
(4) For repair data developed and ap- (2) Submit the DT data developed in
proved before January 11, 2008, the DT accordance with paragraphs (c)(1) of
data required by paragraph (d)(2) of this section to the responsible Aircraft
this section must be submitted by June Certification Service office or its prop-
30, 2009. erly authorized designees for review
(5) For repair data developed and ap- and approval; and
proved after January 11, 2008, the DT (3) Upon approval, make the DTI
data required by paragraph (d)(2) of available to persons required to comply
this section must be submitted within with §§ 121.1109 and 129.109 of this chap-
12 months after initial approval of the ter.
repair data and before making the DT (d) DT Data for Repairs Made to Alter-
data available to persons required to ations. For existing and future repair
comply with §§ 121.1109 and 129.109 of data developed by the holder of a sup-
this chapter. plemental holder of a supplemental
type certificate, the holder of a supple-
[Doc. No. FAA–2005–21693, 72 FR 70505, Dec.
12, 2007, as amended by Amdt. 26–4, 75 FR mental type certificate must—
11734, Mar. 12, 2010; Doc. No. FAA–2018–0119, (1) Review the repair data, and iden-
Amdt. 26–7, 83 FR 9170, Mar. 5, 2018] tify each repair that affects any fa-
tigue critical alteration structure iden-
§ 26.47 Holders of and applicants for a tified under paragraph (b)(2) of this sec-
supplemental type certificate—Al- tion;
terations and repairs to alterations. (2) For each repair identified under
(a) Applicability. This section applies paragraph (d)(1) of this section, unless
to transport category airplanes subject previously accomplished, perform a
to § 26.43. DTE and develop DTI;
(b) Fatigue critical alteration structure. (3) Submit the DT data developed in
For existing structural alteration data accordance with paragraph (d)(2) of
approved under a supplemental certifi- this section to the responsible Aircraft
cate, the holder of the supplemental Certification Service office or its prop-
certificate must— erly authorized designees for review
(1) Review the alteration data and and approval; and
identify all alterations that affect fa- (4) Upon approval, make the DTI
tigue critical baseline structure identi- available to persons required to comply
fied under § 26.43(b)(1); with §§ 121.1109 and 129.109 of this chap-
(2) For each alteration identified ter.
under paragraph (b)(1) of this section, (e) Compliance times. Holders of sup-
identify any fatigue critical alteration plemental type certificates must sub-
structure; mit the following to the responsible
(3) Develop and submit to the respon- Aircraft Certification Service office or
sible Aircraft Certification Service of- its properly authorized designees for
fice for review and approval a list of review and approval by the specified
the structure identified under para- compliance time:
graph (b)(2) of this section; and (1) The list of fatigue critical alter-
(4) Upon approval, make the list re- ation structure required by paragraph
quired in paragraph (b)(3) of this sec- (b)(3) of this section must be submitted
tion available to persons required to no later than 360 days after January 11,
comply with §§ 121.1109 and 129.109 of 2008.
this chapter. (2) For alteration data developed and
(c) DT Data. For existing and future approved before January 11, 2008, the
alteration data developed by the holder DT data required by paragraph (c)(2) of
lhorne on DSKJLZT7X2PROD with CFR

of a supplemental type certificate that this section must be submitted by June


affect fatigue critical baseline struc- 30, 2009.

483

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00493 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 26.49 14 CFR Ch. I (1–1–22 Edition)

(3) For alteration data developed (2) For holders of supplemental type
after January 11, 2008, the DT data re- certificates no later than 180 days after
quired by paragraph (c)(2) of this sec- January 11, 2008.
tion must be submitted before approval (3) For applicants for changes to type
of the alteration data and making it certificates whose application are sub-
available to persons required to comply mitted before January 11, 2008, no later
with §§ 121.1109 and 129.109 of this chap- than 180 days after January 11, 2008.
ter. (c) Compliance Plan Implementation.
(4) For repair data developed and ap- Each affected person must implement
proved before January 11, 2008, the DT the compliance plan as approved in
data required by paragraph (d)(2) of compliance with paragraph (a) of this
this section must be submitted by June section.
30, 2009. [Docket No. FAA–2005–21693, 72 FR 70505, Dec.
(5) For repair data developed and ap- 12, 2007, as amended by Doc. No. FAA–2018–
proved after January 11, 2008, the DT 0119, Amdt. 26–7, 83 FR 9170, Mar. 5, 2018]
data required by paragraph (d)(2) of
this section, must be submitted within PART 27—AIRWORTHINESS STAND-
12 months after initial approval of the ARDS: NORMAL CATEGORY
repair data and before making the DT ROTORCRAFT
data available to persons required to
comply with §§ 121.1109 and 129.109 of Subpart A—General
this chapter.
Sec.
[Docket No. FAA–2005–21693, 72 FR 70505, Dec. 27.1 Applicability.
12, 2007, as amended by Doc. No. FAA–2018– 27.2 Special retroactive requirements.
0119, Amdt. 26–7, 83 FR 9170, Mar. 5, 2018]
Subpart B—Flight
§ 26.49 Compliance plan. GENERAL
(a) Compliance plan. Except for appli- 27.21 Proof of compliance.
cants for type certificates and supple- 27.25 Weight limits.
mental type certificates whose applica- 27.27 Center of gravity limits.
tions are submitted after January 11, 27.29 Empty weight and corresponding cen-
ter of gravity.
2008, each person identified in §§ 26.43,
27.31 Removable ballast.
26.45, and 26.47, must submit a compli- 27.33 Main rotor speed and pitch limits.
ance plan consisting of the following:
(1) A project schedule identifying all PERFORMANCE
major milestones for meeting the com- 27.45 General.
pliance times specified in §§ 26.43(f), 27.49 Performance at minimum operating
26.45(e), and 26.47(e), as applicable. speed.
27.51 Takeoff.
(2) A proposed means of compliance 27.65 Climb: all engines operating.
with §§ 26.43, 26.45, and 26.47, as applica- 27.67 Climb: one engine inoperative.
ble. 27.71 Autorotation performance.
(3) A plan for submitting a draft of 27.75 Landing.
all compliance items required by this 27.87 Height-speed envelope.
subpart for review by the responsible FLIGHT CHARACTERISTICS
Aircraft Certification Service office
not less than 60 days before the appli- 27.141 General.
27.143 Controllability and maneuverability.
cable compliance date. 27.151 Flight controls.
(b) Compliance dates for compliance 27.161 Trim control.
plans. The following persons must sub- 27.171 Stability: general.
mit the compliance plan described in 27.173 Static longitudinal stability.
paragraph (a) of this section to the re- 27.175 Demonstration of static longitudinal
sponsible Aircraft Certification Service stability.
27.177 Static directional stability.
office for approval on the following
schedule: GROUND AND WATER HANDLING
(1) For holders of type certificates, CHARACTERISTICS
lhorne on DSKJLZT7X2PROD with CFR

no later than 90 days after January 11, 27.231 General.


2008. 27.235 Taxiing condition.

484

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00494 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT Pt. 27
27.239 Spray characteristics. 27.573 Damage tolerance and fatigue evalua-
27.241 Ground resonance. tion of composite rotorcraft structures.
MISCELLANEOUS FLIGHT REQUIREMENTS Subpart D—Design and Construction
27.251 Vibration.
GENERAL
Subpart C—Strength Requirements 27.601 Design.
27.602 Critical parts.
GENERAL 27.603 Materials.
27.301 Loads. 27.605 Fabrication methods.
27.303 Factor of safety. 27.607 Fasteners.
27.305 Strength and deformation. 27.609 Protection of structure.
27.307 Proof of structure. 27.610 Lightning and static electricity pro-
27.309 Design limitations. tection.
27.611 Inspection provisions.
FLIGHT LOADS 27.613 Material strength properties and de-
27.321 General. sign values.
27.337 Limit maneuvering load factor. 27.619 Special factors.
27.339 Resultant limit maneuvering loads. 27.621 Casting factors.
27.341 Gust loads. 27.623 Bearing factors.
27.351 Yawing conditions. 27.625 Fitting factors.
27.361 Engine torque. 27.629 Flutter.

CONTROL SURFACE AND SYSTEM LOADS ROTORS


27.391 General. 27.653 Pressure venting and drainage of
27.395 Control system. rotor blades.
27.397 Limit pilot forces and torques. 27.659 Mass balance.
27.399 Dual control system. 27.661 Rotor blade clearance.
27.411 Ground clearance: tail rotor guard. 27.663 Ground resonance prevention means.
27.427 Unsymmetrical loads.
CONTROL SYSTEMS
GROUND LOADS
27.671 General.
27.471 General. 27.672 Stability augmentation, automatic,
27.473 Ground loading conditions and as- and power-operated systems.
sumptions. 27.673 Primary flight control.
27.475 Tires and shock absorbers. 27.674 Interconnected controls.
27.477 Landing gear arrangement. 27.675 Stops.
27.479 Level landing conditions. 27.679 Control system locks.
27.481 Tail-down landing conditions. 27.681 Limit load static tests.
27.483 One-wheel landing conditions. 27.683 Operation tests.
27.485 Lateral drift landing conditions. 27.685 Control system details.
27.493 Braked roll conditions. 27.687 Spring devices.
27.497 Ground loading conditions: landing 27.691 Autorotation control mechanism.
gear with tail wheels. 27.695 Power boost and power-operated con-
27.501 Ground loading conditions: landing trol system.
gear with skids.
27.505 Ski landing conditions. LANDING GEAR

WATER LOADS 27.723 Shock absorption tests.


27.725 Limit drop test.
27.521 Float landing conditions. 27.727 Reserve energy absorption drop test.
27.729 Retracting mechanism.
MAIN COMPONENT REQUIREMENTS 27.731 Wheels.
27.547 Main rotor structure. 27.733 Tires.
27.549 Fuselage, landing gear, and rotor 27.735 Brakes.
pylon structures. 27.737 Skis.

EMERGENCY LANDING CONDITIONS FLOATS AND HULLS


27.561 General. 27.751 Main float buoyancy.
27.562 Emergency landing dynamic condi- 27.753 Main float design.
tions. 27.755 Hulls.
27.563 Structural ditching provisions.
PERSONNEL AND CARGO ACCOMMODATIONS
FATIGUE EVALUATION
lhorne on DSKJLZT7X2PROD with CFR

27.771 Pilot compartment.


27.571 Fatigue evaluation of flight struc- 27.773 Pilot compartment view.
ture. 27.775 Windshields and windows.

485

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00495 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Pt. 27 14 CFR Ch. I (1–1–22 Edition)
27.777 Cockpit controls. 27.995 Fuel valves.
27.779 Motion and effect of cockpit controls. 27.997 Fuel strainer or filter.
27.783 Doors. 27.999 Fuel system drains.
27.785 Seats, berths, litters, safety belts,
and harnesses. OIL SYSTEM
27.787 Cargo and baggage compartments. 27.1011 Engines: General.
27.801 Ditching. 27.1013 Oil tanks.
27.805 Flight crew emergency exits. 27.1015 Oil tank tests.
27.807 Emergency exits. 27.1017 Oil lines and fittings.
27.831 Ventilation. 27.1019 Oil strainer or filter.
27.833 Heaters. 27.1021 Oil system drains.
27.1027 Transmissions and gearboxes: Gen-
FIRE PROTECTION
eral.
27.853 Compartment interiors.
27.855 Cargo and baggage compartments. COOLING
27.859 Heating systems. 27.1041 General.
27.861 Fire protection of structure, controls, 27.1043 Cooling tests.
and other parts. 27.1045 Cooling test procedures.
27.863 Flammable fluid fire protection.
INDUCTION SYSTEM
EXTERNAL LOADS
27.1091 Air induction.
27.865 External loads. 27.1093 Induction system icing protection.
MISCELLANEOUS EXHAUST SYSTEM
27.871 Leveling marks. 27.1121 General.
27.873 Ballast provisions. 27.1123 Exhaust piping.
Subpart E—Powerplant POWERPLANT CONTROLS AND ACCESSORIES
GENERAL 27.1141 Powerplant controls: general.
27.1143 Engine controls.
27.901 Installation. 27.1145 Ignition switches.
27.903 Engines. 27.1147 Mixture controls.
27.907 Engine vibration. 27.1151 Rotor brake controls.
27.1163 Powerplant accessories.
ROTOR DRIVE SYSTEM
27.917 Design. POWERPLANT FIRE PROTECTION
27.921 Rotor brake. 27.1183 Lines, fittings, and components.
27.923 Rotor drive system and control mech- 27.1185 Flammable fluids.
anism tests. 27.1187 Ventilation and drainage.
27.927 Additional tests. 27.1189 Shutoff means.
27.931 Shafting critical speed. 27.1191 Firewalls.
27.935 Shafting joints. 27.1193 Cowling and engine compartment
27.939 Turbine engine operating characteris- covering.
tics. 27.1194 Other surfaces.
27.1195 Fire detector systems.
FUEL SYSTEM
27.951 General. Subpart F—Equipment
27.952 Fuel system crash resistance.
27.953 Fuel system independence. GENERAL
27.954 Fuel system lightning protection. 27.1301 Function and installation.
27.955 Fuel flow. 27.1303 Flight and navigation instruments.
27.959 Unusable fuel supply. 27.1305 Powerplant instruments.
27.961 Fuel system hot weather operation. 27.1307 Miscellaneous equipment.
27.963 Fuel tanks: general. 27.1309 Equipment, systems, and installa-
27.965 Fuel tank tests. tions.
27.967 Fuel tank installation. 27.1316 Electrical and electronic system
27.969 Fuel tank expansion space. lightning protection.
27.971 Fuel tank sump. 27.1317 High-intensity Radiated Fields
27.973 Fuel tank filler connection. (HIRF) Protection.
27.975 Fuel tank vents.
27.977 Fuel tank outlet. INSTRUMENTS: INSTALLATION
27.1321 Arrangement and visibility.
FUEL SYSTEM COMPONENTS
lhorne on DSKJLZT7X2PROD with CFR

27.1322 Warning, caution, and advisory


27.991 Fuel pumps. lights.
27.993 Fuel system lines and fittings. 27.1323 Airspeed indicating system.

486

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00496 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.2
27.1325 Static pressure systems. 27.1545 Airspeed indicator.
27.1327 Magnetic direction indicator. 27.1547 Magnetic direction indicator.
27.1329 Automatic pilot system. 27.1549 Powerplant instruments.
27.1335 Flight director systems. 27.1551 Oil quantity indicator.
27.1337 Powerplant instruments. 27.1553 Fuel quantity indicator.
27.1555 Control markings.
ELECTRICAL SYSTEMS AND EQUIPMENT
27.1557 Miscellaneous markings and plac-
27.1351 General. ards.
27.1353 Storage battery design and installa- 27.1559 Limitations placard.
tion. 27.1561 Safety equipment.
27.1357 Circuit protective devices. 27.1565 Tail rotor.
27.1361 Master switch.
27.1365 Electric cables. ROTORCRAFT FLIGHT MANUAL AND APPROVED
27.1367 Switches. MANUAL MATERIAL
LIGHTS 27.1581 General.
27.1583 Operating limitations.
27.1381 Instrument lights.
27.1585 Operating procedures.
27.1383 Landing lights.
27.1385 Position light system installation. 27.1587 Performance information.
27.1387 Position light system dihedral an- 27.1589 Loading information.
gles. APPENDIX A TO PART 27—INSTRUCTIONS FOR
27.1389 Position light distribution and in- CONTINUED AIRWORTHINESS
tensities. APPENDIX B TO PART 27—AIRWORTHINESS CRI-
27.1391 Minimum intensities in the hori- TERIA FOR HELICOPTER INSTRUMENT
zontal plane of forward and rear position FLIGHT
lights. APPENDIX C TO PART 27—CRITERIA FOR CAT-
27.1393 Minimum intensities in any vertical EGORY A
plane of forward and rear position lights. APPENDIX D TO PART 27—HIRF ENVIRON-
27.1395 Maximum intensities in overlapping MENTS AND EQUIPMENT HIRF TEST LEV-
beams of forward and rear position ELS
lights.
27.1397 Color specifications. AUTHORITY: 49 U.S.C. 106(f), 106(g), 40113,
27.1399 Riding light. 44701–44702, 44704.
27.1401 Anticollision light system. SOURCE: Docket No. 5074, 29 FR 15695, Nov.
24, 1964, unless otherwise noted.
SAFETY EQUIPMENT
27.1411 General. Subpart A—General
27.1413 Safety belts.
27.1415 Ditching equipment.
§ 27.1 Applicability.
27.1419 Ice protection.
27.1435 Hydraulic systems. (a) This part prescribes airworthiness
27.1457 Cockpit voice recorders. standards for the issue of type certifi-
27.1459 Flight data recorders. cates, and changes to those certifi-
27.1461 Equipment containing high energy cates, for normal category rotorcraft
rotors.
with maximum weights of 7,000 pounds
Subpart G—Operating Limitations and or less and nine or less passenger seats.
Information (b) Each person who applies under
Part 21 for such a certificate or change
27.1501 General. must show compliance with the appli-
OPERATING LIMITATIONS cable requirements of this part.
(c) Multiengine rotorcraft may be
27.1503 Airspeed limitations: general. type certified as Category A provided
27.1505 Never-exceed speed.
27.1509 Rotor speed.
the requirements referenced in appen-
27.1519 Weight and center of gravity. dix C of this part are met.
27.1521 Powerplant limitations. [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
27.1523 Minimum flight crew. amended by Amdt. 27–33, 61 FR 21906, May 10,
27.1525 Kinds of operations. 1996; Amdt. 27–37, 64 FR 45094, Aug. 18, 1999]
27.1527 Maximum operating altitude.
27.1529 Instructions for Continued Air- § 27.2 Special retroactive require-
worthiness. ments.
MARKINGS AND PLACARDS (a) For each rotorcraft manufactured
lhorne on DSKJLZT7X2PROD with CFR

27.1541 General. after September 16, 1992, each applicant


27.1543 Instrument markings: general. must show that each occupant’s seat is

487

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00497 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.21 14 CFR Ch. I (1–1–22 Edition)

equipped with a safety belt and shoul- ments of this part in effect on October
der harness that meets the require- 18, 1999.
ments of paragraphs (a), (b), and (c) of
[Doc. No. 26078, 56 FR 41051, Aug. 16, 1991, as
this section. amended by Amdt. 27–37, 64 FR 45094, Aug. 18,
(1) Each occupant’s seat must have a 1999]
combined safety belt and shoulder har-
ness with a single-point release. Each Subpart B—Flight
pilot’s combined safety belt and shoul-
der harness must allow each pilot, GENERAL
when seated with safety belt and shoul-
der harness fastened, to perform all § 27.21 Proof of compliance.
functions necessary for flight oper- Each requirement of this subpart
ations. There must be a means to se- must be met at each appropriate com-
cure belts and harnesses, when not in bination of weight and center of grav-
use, to prevent interference with the ity within the range of loading condi-
operation of the rotorcraft and with tions for which certification is re-
rapid egress in an emergency. quested. This must be shown—
(2) Each occupant must be protected (a) By tests upon a rotorcraft of the
from serious head injury by a safety type for which certification is re-
belt plus a shoulder harness that will quested, or by calculations based on,
prevent the head from contacting any and equal in accuracy to, the results of
injurious object. testing; and
(3) The safety belt and shoulder har- (b) By systematic investigation of
ness must meet the static and dynamic each required combination of weight
strength requirements, if applicable, and center of gravity if compliance
specified by the rotorcraft type certifi- cannot be reasonably inferred from
cation basis. combinations investigated.
(4) For purposes of this section, the
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
date of manufacture is either— amended by Amdt. 27–21, 49 FR 44432, Nov. 6,
(i) The date the inspection accept- 1984]
ance records, or equivalent, reflect
that the rotorcraft is complete and § 27.25 Weight limits.
meets the FAA-Approved Type Design (a) Maximum weight. The maximum
Data; or weight (the highest weight at which
(ii) The date the foreign civil air- compliance with each applicable re-
worthiness authority certifies that the quirement of this part is shown) must
rotorcraft is complete and issues an be established so that it is—
original standard airworthiness certifi- (1) Not more than—
cate, or equivalent, in that country. (i) The highest weight selected by the
(b) For rotorcraft with a certification applicant;
basis established prior to October 18, (ii) The design maximum weight (the
1999— highest weight at which compliance
(1) The maximum passenger seat ca- with each applicable structural loading
pacity may be increased to eight or condition of this part is shown);
nine provided the applicant shows com- (iii) The highest weight at which
pliance with all the airworthiness re- compliance with each applicable flight
quirements of this part in effect on Oc- requirement of this part is shown; or
tober 18, 1999. (iv) The highest weight in which the
(2) The maximum weight may be in- provisions of §§ 27.87 or 27.143(c)(1), or
creased to greater than 6,000 pounds combinations thereof, are dem-
provided— onstrated if the weights and operating
(i) The number of passenger seats is conditions (altitude and temperature)
not increased above the maximum prescribed by those requirements can-
number certificated on October 18, 1999, not be met; and
or (2) Not less than the sum of—
lhorne on DSKJLZT7X2PROD with CFR

(ii) The applicant shows compliance (i) The empty weight determined
with all of the airworthiness require- under § 27.29; and

488

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00498 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.29

(ii) The weight of usable fuel appro- crease over that established under
priate to the intended operation with paragraph (a) of this section, and
full payload; (5) Operation of the rotorcraft at a
(iii) The weight of full oil capacity; total weight greater than the max-
and imum certificated weight established
(iv) For each seat, an occupant under paragraph (a) of this section is
weight of 170 pounds or any lower limited by appropriate operating limi-
weight for which certification is re- tations under § 27.865(a) and (d) of this
quested. part.
(b) Minimum weight. The minimum
(Secs. 313(a), 601, 603, 604, and 605 of the Fed-
weight (the lowest weight at which eral Aviation Act of 1958 (49 U.S.C. 1354(a),
compliance with each applicable re- 1421, 1423, 1424, and 1425); and sec. 6(c) of the
quirement of this part is shown) must Dept. of Transportation Act (49 U.S.C.
be established so that it is— 1655(c)))
(1) Not more than the sum of— [Doc. No. 5074, 29 FR 15695, Nov. 29, 1964, as
(i) The empty weight determined amended by Amdt. 27–11, 41 FR 55468, Dec. 20,
under § 27.29; and 1976; Amdt. 25–42, 43 FR 2324, Jan. 16, 1978;
(ii) The weight of the minimum crew Amdt. 27–36, 64 FR 43019, Aug. 6, 1999; Amdt.
necessary to operate the rotorcraft, as- 27–44, 73 FR 10998, Feb. 29, 2008; 73 FR 33876,
suming for each crewmember a weight June 16, 2008]
no more than 170 pounds, or any lower
weight selected by the applicant or in- § 27.27 Center of gravity limits.
cluded in the loading instructions; and The extreme forward and aft centers
(2) Not less than— of gravity and, where critical, the ex-
(i) The lowest weight selected by the treme lateral centers of gravity must
applicant; be established for each weight estab-
(ii) The design minimum weight (the lished under § 27.25. Such an extreme
lowest weight at which compliance may not lie beyond—
with each applicable structural loading (a) The extremes selected by the ap-
condition of this part is shown); or plicant;
(iii) The lowest weight at which com- (b) The extremes within which the
pliance with each applicable flight re- structure is proven; or
quirement of this part is shown. (c) The extremes within which com-
(c) Total weight with jettisonable exter- pliance with the applicable flight re-
nal load. A total weight for the rotor- quirements is shown.
craft with a jettisonable external load
[Amdt. 27–2, 33 FR 962, Jan. 26, 1968]
attached that is greater than the max-
imum weight established under para- § 27.29 Empty weight and cor-
graph (a) of this section may be estab- responding center of gravity.
lished for any rotorcraft-load combina-
tion if— (a) The empty weight and cor-
(1) The rotorcraft-load combination responding center of gravity must be
does not include human external cargo, determined by weighing the rotorcraft
without the crew and payload, but
(2) Structural component approval
with—
for external load operations under ei-
ther § 27.865 or under equivalent oper- (1) Fixed ballast;
ational standards is obtained, (2) Unusable fuel; and
(3) The portion of the total weight (3) Full operating fluids, including—
that is greater than the maximum (i) Oil;
weight established under paragraph (a) (ii) Hydraulic fluid; and
of this section is made up only of the (iii) Other fluids required for normal
weight of all or part of the jettisonable operation of roto-craft systems, except
external load, water intended for injection in the en-
(4) Structural components of the gines.
rotorcraft are shown to comply with (b) The condition of the rotorcraft at
the applicable structural requirements the time of determining empty weight
lhorne on DSKJLZT7X2PROD with CFR

of this part under the increased loads must be one that is well defined and
and stresses caused by the weight in- can be easily repeated, particularly

489

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00499 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.31 14 CFR Ch. I (1–1–22 Edition)

with respect to the weights of fuel, oil, (2) It is possible to prevent over-
coolant, and installed equipment. speeding of the rotor without excep-
(Secs. 313(a), 601, 603, 604, and 605 of the Fed-
tional piloting skill.
eral Aviation Act of 1958 (49 U.S.C. 1354(a), (d) Emergency high pitch. If the main
1421, 1423, 1424, and 1425); and sec. 6(c) of the rotor high pitch stop is set to meet
Dept. of Transportation Act (49 U.S.C. paragraph (b)(1) of this section, and if
1655(c))) that stop cannot be exceeded inadvert-
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as ently, additional pitch may be made
amended by Amdt. 27–14, 43 FR 2324, Jan. 16, available for emergency use.
1978] (e) Main rotor low speed warning for
helicopters. For each single engine heli-
§ 27.31 Removable ballast. copter, and each multiengine heli-
Removable ballast may be used in copter that does not have an approved
showing compliance with the flight re- device that automatically increases
quirements of this subpart. power on the operating engines when
one engine fails, there must be a main
§ 27.33 Main rotor speed and pitch lim- rotor low speed warning which meets
its. the following requirements:
(a) Main rotor speed limits. A range of (1) The warning must be furnished to
main rotor speeds must be established the pilot in all flight conditions, in-
that— cluding power-on and power-off flight,
(1) With power on, provides adequate when the speed of a main rotor ap-
margin to accommodate the variations proaches a value that can jeopardize
in rotor speed occurring in any appro- safe flight.
priate maneuver, and is consistent (2) The warning may be furnished ei-
with the kind of governor or synchro- ther through the inherent aerodynamic
nizer used; and qualities of the helicopter or by a de-
(2) With power off, allows each appro- vice.
priate autorotative maneuver to be (3) The warning must be clear and
performed throughout the ranges of distinct under all conditons, and must
airspeed and weight for which certifi- be clearly distinguishable from all
cation is requested. other warnings. A visual device that
(b) Normal main rotor high pitch limits requires the attention of the crew
(power on). For rotocraft, except heli- within the cockpit is not acceptable by
copters required to have a main rotor itself.
low speed warning under paragraph (e) (4) If a warning device is used, the de-
of this section. It must be shown, with vice must automatically deactivate
power on and without exceeding ap- and reset when the low-speed condition
proved engine maximum limitations, is corrected. If the device has an audi-
that main rotor speeds substantially ble warning, it must also be equipped
less than the minimum approved main with a means for the pilot to manually
rotor speed will not occur under any silence the audible warning before the
sustained flight condition. This must low-speed condition is corrected.
be met by— (Secs. 313(a), 601, 603, 604, and 605 of the Fed-
(1) Appropriate setting of the main eral Aviation Act of 1958 (49 U.S.C. 1354(a),
rotor high pitch stop; 1421, 1423, 1424, and 1425); and sec. 6(c) of the
(2) Inherent rotorcraft characteris- Dept. of Transportation Act (49 U.S.C.
tics that make unsafe low main rotor 1655(c)))
speeds unlikely; or [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
(3) Adequate means to warn the pilot amended by Amdt. 27–2, 33 FR 962, Jan. 26,
of unsafe main rotor speeds. 1968; Amdt. 27–14, 43 FR 2324, Jan. 16, 1978]
(c) Normal main rotor low pitch limits
(power off). It must be shown, with PERFORMANCE
power off, that—
(1) The normal main rotor low pitch § 27.45 General.
limit provides sufficient rotor speed, in (a) Unless otherwise prescribed, the
any autorotative condition, under the performance requirements of this sub-
lhorne on DSKJLZT7X2PROD with CFR

most critical combinations of weight part must be met for still air and a
and airspeed; and standard atmosphere.

490

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00500 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.65

(b) The performance must correspond (2) The hovering ceiling determined
to the engine power available under the under paragraph (a)(1) of this section
particular ambient atmospheric condi- must be at least—
tions, the particular flight condition, (i) For reciprocating engine powered
and the relative humidity specified in helicopters, 4,000 feet at maximum
paragraphs (d) or (e) of this section, as weight with a standard atmosphere;
appropriate. (ii) For turbine engine powered heli-
(c) The available power must cor- copters, 2,500 feet pressure altitude at
respond to engine power, not exceeding maximum weight at a temperature of
the approved power, less— standard plus 22 °C (standard plus 40
(1) Installation losses; and °F).
(2) The power absorbed by the acces- (3) The out-of-ground effect hovering
sories and services appropriate to the performance must be determined over
particular ambient atmopheric condi- the ranges of weight, altitude, and
tions and the particular flight condi- temperature for which certification is
tion. requested, using takeoff power.
(d) For reciprocating engine-powered (b) For rotorcraft other than heli-
rotorcraft, the performance, as affected copters, the steady rate of climb at the
by engine power, must be based on a minimum operating speed must be de-
relative humidity of 80 percent in a termined over the ranges of weight, al-
standard atmosphere. titude, and temperature for which cer-
(e) For turbine engine-powered rotor- tification is requested, with—
craft, the performance, as affected by (1) Takeoff power; and
engine power, must be based on a rel- (2) The landing gear extended.
ative humidity of— [Amdt. 27–44, 73 FR 10998, Feb. 29, 2008]
(1) 80 percent, at and below standard
temperature; and § 27.51 Takeoff.
(2) 34 percent, at and above standard
The takeoff, with takeoff power and
temperature plus 50 degrees F. Between
r.p.m. at the most critical center of
these two temperatures, the relative
gravity, and with weight from the max-
humidity must vary linearly.
imum weight at sea level to the weight
(f) For turbine-engine-powered rotor-
for which takeoff certification is re-
craft, a means must be provided to per-
quested for each altitude covered by
mit the pilot to determine prior to
this section—
takeoff that each engine is capable of
(a) May not require exceptional pilot-
developing the power necessary to
ing skill or exceptionally favorable
achieve the applicable rotorcraft per-
conditions throughout the ranges of al-
formance prescribed in this subpart.
titude from standard sea level condi-
(Secs. 313(a), 601, 603, 604, and 605 of the Fed- tions to the maximum altitude for
eral Aviation Act of 1958 (49 U.S.C. 1354(a), which takeoff and landing certification
1421, 1423, 1424, and 1425); and sec. 6(c) of the is requested, and
Dept. of Transportation Act (49 U.S.C.
(b) Must be made in such a manner
1655(c)))
that a landing can be made safely at
[Amdt. 27–14, 43 FR 2324, Jan. 16, 1978, as any point along the flight path if an
amended by Amdt. 27–21, 49 FR 44432, Nov. 6, engine fails. This must be dem-
1984]
onstrated up to the maximum altitude
§ 27.49 Performance at minimum oper- for which takeoff and landing certifi-
ating speed. cation is requested or 7,000 feet density
altitude, whichever is less.
(a) For helicopters—
(1) The hovering ceiling must be de- [Amdt. 27–44, 73 FR 10999, Feb. 29, 2008]
termined over the ranges of weight, al-
titude, and temperature for which cer- § 27.65 Climb: all engines operating.
tification is requested, with— (a) For rotorcraft other than heli-
(i) Takeoff power; copters—
(ii) The landing gear extended; and (1) The steady rate of climb, at VY,
(iii) The helicopter in-ground effect must be determined—
lhorne on DSKJLZT7X2PROD with CFR

at a height consistent with normal (i) With maximum continuous power


takeoff procedures; and on each engine;

491

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00501 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.67 14 CFR Ch. I (1–1–22 Edition)

(ii) With the landing gear retracted; (2) Continuous OEI power for heli-
and copters for which certification for the
(iii) For the weights, altitudes, and use of continuous OEI power is re-
temperatures for which certification is quested.
requested; and
(2) The climb gradient, at the rate of (Secs. 313(a), 601, 603, 604, and 605 of the Fed-
climb determined in accordance with eral Aviation Act of 1958 (49 U.S.C. 1354(a),
1421, 1423, 1424, and 1425); and sec. 6(c) of the
paragraph (a)(1) of this section, must
Dept. of Transportation Act (49 U.S.C.
be either— 1655(c)))
(i) At least 1:10 if the horizontal dis-
tance required to take off and climb [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
over a 50-foot obstacle is determined amended by Amdt. 27–23, 53 FR 34210, Sept. 2,
for each weight, altitude, and tempera- 1988]
ture within the range for which certifi-
cation is requested; or § 27.71 Autorotation performance.
(ii) At least 1:6 under standard sea For single-engine helicopters and
level conditions. multiengine helicopters that do not
(b) Each helicopter must meet the meet the Category A engine isolation
following requirements: requirements of Part 29 of this chapter,
(1) VY must be determined— the minimum rate of descent airspeed
(i) For standard sea level conditions; and the best angle-of-glide airspeed
(ii) At maximum weight; and must be determined in autorotation
(iii) With maximum continuous at—
power on each engine.
(a) Maximum weight; and
(2) The steady rate of climb must be
determined— (b) Rotor speed(s) selected by the ap-
(i) At the climb speed selected by the plicant.
applicant at or below VNE; [Amdt. 27–21, 49 FR 44433, Nov. 6, 1984]
(ii) Within the range from sea level
up to the maximum altitude for which § 27.75 Landing.
certification is requested;
(a) The rotorcraft must be able to be
(iii) For the weights and tempera-
landed with no excessive vertical accel-
tures that correspond to the altitude
range set forth in paragraph (b)(2)(ii) of eration, no tendency to bounce, nose
this section and for which certification over, ground loop, porpoise, or water
is requested; and loop, and without exceptional piloting
(iv) With maximum continuous power skill or exceptionally favorable condi-
on each engine. tions, with—
(1) Approach or autorotation speeds
(Secs. 313(a), 601, 603, 604, and 605 of the Fed-
eral Aviation Act of 1958 (49 U.S.C. 1354(a),
appropriate to the type of rotorcraft
1421, 1423, 1424, and 1425); and sec. 6(c) of the and selected by the applicant;
Dept. of Transportation Act (49 U.S.C. (2) The approach and landing made
1655(c))) with—
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as (i) Power off, for single engine rotor-
amended by Amdt. 27–14, 43 FR 2324, Jan. 16, craft and entered from steady state
1978; Amdt. 27–33, 61 FR 21907, May 10, 1996] autorotation; or
(ii) One-engine inoperative (OEI) for
§ 27.67 Climb: one engine inoperative.
multiengine rotorcraft, with each oper-
For multiengine helicopters, the ating engine within approved operating
steady rate of climb (or descent), at Vy limitations, and entered from an estab-
(or at the speed for minimum rate of lished OEI approach.
descent), must be determined with— (b) Multiengine rotorcraft must be
(a) Maximum weight;
able to be landed safely after complete
(b) The critical engine inoperative
power failure under normal operating
and the remaining engines at either—
(1) Maximum continuous power and, conditions.
for helicopters for which certification [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
lhorne on DSKJLZT7X2PROD with CFR

for the use of 30-minute OEI power is amended by Amdt. 27–14, 43 FR 2324, Jan. 16,
requested, at 30-minute OEI power; or 1978; Amdt. 27–44, 73 FR 10999, Feb. 29, 2008]

492

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00502 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.143

§ 27.87 Height-speed envelope. (1) At the altitudes and temperatures


expected in operation;
(a) If there is any combination of
(2) Under any critical loading condi-
height and forward speed (including
tion within the range of weights and
hover) under which a safe landing can-
centers of gravity for which certifi-
not be made under the applicable power
cation is requested;
failure condition in paragraph (b) of
(3) For power-on operations, under
this section, a limiting height-speed
any condition of speed, power, and
envelope must be established (includ-
rotor r.p.m. for which certification is
ing all pertinent information) for that
requested; and
condition, throughout the ranges of—
(4) For power-off operations, under
(1) Altitude, from standard sea level
any condition of speed and rotor r.p.m.
conditions to the maximum altitude
for which certification is requested
capability of the rotorcraft, or 7000 feet
that is attainable with the controls
density altitude, whichever is less; and
rigged in accordance with the approved
(2) Weight, from the maximum rigging instructions and tolerances;
weight at sea level to the weight se- (b) Be able to maintain any required
lected by the applicant for each alti- flight condition and make a smooth
tude covered by paragraph (a)(1) of this transition from any flight condition to
section. For helicopters, the weight at any other flight condition without ex-
altitudes above sea level may not be ceptional piloting skill, alertness, or
less than the maximum weight or the strength, and without danger of ex-
highest weight allowing hovering out- ceeding the limit load factor under any
of-ground effect, whichever is lower. operating condition probable for the
(b) The applicable power failure con- type, including—
ditions are— (1) Sudden failure of one engine, for
(1) For single-engine helicopters, full multiengine rotorcraft meeting Trans-
autorotation; port Category A engine isolation re-
(2) For multiengine helicopters, OEI quirements of Part 29 of this chapter;
(where engine isolation features ensure (2) Sudden, complete power failure
continued operation of the remaining for other rotorcraft; and
engines), and the remaining engine(s) (3) Sudden, complete control system
within approved limits and at the min- failures specified in § 27.695 of this part;
imum installed specification power and
available for the most critical com- (c) Have any additional char-
bination of approved ambient tempera- acteristic required for night or instru-
ture and pressure altitude resulting in ment operation, if certification for
7000 feet density altitude or the max- those kinds of operation is requested.
imum altitude capability of the heli- Requirements for helicopter instru-
copter, whichever is less, and ment flight are contained in appendix
(3) For other rotorcraft, conditions B of this part.
appropriate to the type.
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
(Secs. 313(a), 601, 603, 604, Federal Aviation amended by Amdt. 27–2, 33 FR 962, Jan. 26,
Act of 1958 (49 U.S.C. 1354(a), 1421, 1423, 1424), 1968; Amdt. 27–11, 41 FR 55468, Dec. 20, 1976;
sec. 6(c), Dept. of Transportation Act (49 Amdt. 27–19, 48 FR 4389, Jan. 31, 1983; Amdt.
U.S.C. 1655(c))) 27–21, 49 FR 44433, Nov. 6, 1984]
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
amended by Amdt. 27–14, 43 FR 2324, Jan. 16,
§ 27.143 Controllability and maneuver-
1978; Amdt. 27–21, 49 FR 44433, Nov. 6, 1984;
ability.
Amdt. 27–44, 73 FR 10999, Feb. 29, 2008] (a) The rotorcraft must be safely con-
trollable and maneuverable—
FLIGHT CHARACTERISTICS (1) During steady flight; and
(2) During any maneuver appropriate
§ 27.141 General. to the type, including—
The rotorcraft must— (i) Takeoff;
(a) Except as specifically required in (ii) Climb;
the applicable section, meet the flight (iii) Level flight;
lhorne on DSKJLZT7X2PROD with CFR

characteristics requirements of this (iv) Turning flight;


subpart— (v) Autorotation;

493

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00503 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.151 14 CFR Ch. I (1–1–22 Edition)

(vi) Landing (power on and power time delay for any condition following
off); and power failure may be less than—
(vii) Recovery to power-on flight (i) For the cruise condition, one sec-
from a balked autorotative approach. ond, or normal pilot reaction time
(b) The margin of cyclic control must (whichever is greater); and
allow satisfactory roll and pitch con- (ii) For any other condition, normal
trol at VNE with— pilot reaction time.
(1) Critical weight; (f) For helicopters for which a VNE
(2) Critical center of gravity; (power-off) is established under
(3) Critical rotor r.p.m.; and § 27.1505(c), compliance must be dem-
(4) Power off (except for helicopters onstrated with the following require-
demonstrating compliance with para- ments with critical weight, critical
graph (f) of this section) and power on. center of gravity, and critical rotor
(c) Wind velocities from zero to at r.p.m.:
least 17 knots, from all azimuths, must (1) The helicopter must be safely
be established in which the rotorcraft slowed to VNE (power-off), without ex-
can be operated without loss of control ceptional pilot skill, after the last op-
on or near the ground in any maneuver erating engine is made inoperative at
appropriate to the type (such as cross- power-on VNE.
wind takeoffs, sideward flight, and (2) At a speed of 1.1 VNE (power-off),
rearward flight)— the margin of cyclic control must
(1) With altitude, from standard sea allow satisfactory roll and pitch con-
level conditions to the maximum take- trol with power off.
off and landing altitude capability of
(Secs. 313(a), 601, 603, 604, and 605 of the Fed-
the rotorcraft or 7000 feet density alti- eral Aviation Act of 1958 (49 U.S.C. 1354(a),
tude, whichever is less; with— 1421, 1423, 1424, and 1425); and sec. 6(c) of the
(i) Critical Weight; Dept. of Transportation Act (49 U.S.C.
(ii) Critical center of gravity; 1655(c)))
(iii) Critical rotor r.p.m.; [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
(2) For takeoff and landing altitudes amended by Amdt. 27–2, 33 FR 963, Jan. 26,
above 7000 feet density altitude with— 1968; Amdt. 27–14, 43 FR 2325, Jan. 16, 1978;
(i) Weight selected by the applicant; Amdt. 27–21, 49 FR 44433, Nov. 6, 1984; Amdt.
(ii) Critical center of gravity; and 27–44, 73 FR 10999, Feb. 29, 2008]
(iii) Critical rotor r.p.m.
§ 27.151 Flight controls.
(d) Wind velocities from zero to at
least 17 knots, from all azimuths, must (a) Longitudinal, lateral, directional,
be established in which the rotorcraft and collective controls may not exhibit
can be operated without loss of control excessive breakout force, friction, or
out-of-ground-effect, with— preload.
(1) Weight selected by the applicant; (b) Control system forces and free
(2) Critical center of gravity; play may not inhibit a smooth, direct
(3) Rotor r.p.m. selected by the appli- rotorcraft response to control system
cant; and input.
(4) Altitude, from standard sea level [Amdt. 27–21, 49 FR 44433, Nov. 6, 1984]
conditions to the maximum takeoff
and landing altitude capability of the § 27.161 Trim control.
rotorcraft.
(e) The rotorcraft, after (1) failure of The trim control—
one engine in the case of multiengine (a) Must trim any steady longitu-
rotorcraft that meet Transport Cat- dinal, lateral, and collective control
egory A engine isolation requirements, forces to zero in level flight at any ap-
or (2) complete engine failure in the propriate speed; and
case of other rotorcraft, must be con- (b) May not introduce any undesir-
trollable over the range of speeds and able discontinuities in control force
altitudes for which certification is re- gradients.
quested when such power failure occurs
lhorne on DSKJLZT7X2PROD with CFR

[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as


with maximum continuous power and amended by Amdt. 27–21, 49 FR 44433, Nov. 6,
critical weight. No corrective action 1984]

494

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00504 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.177

§ 27.171 Stability: general. (4) The landing gear retracted; and


(5) The rotorcraft trimmed at 0.8 VNE
The rotorcraft must be able to be
or VH, whichever is less.
flown, without undue pilot fatigue or
(c) VNE. Static longitudinal stability
strain, in any normal maneuver for a
must be shown at speeds from VNE ¥ 20
period of time as long as that expected
kt to VNE with—
in normal operation. At least three
(1) Critical weight;
landings and takeoffs must be made
(2) Critical center of gravity;
during this demonstration.
(3) Power required for level flight at
§ 27.173 Static longitudinal stability. VNE ¥10 kt or maximum continuous
power, whichever is less;
(a) The longitudinal control must be (4) The landing gear retracted; and
designed so that a rearward movement (5) The rotorcraft trimmed at VNE ¥
of the control is necessary to obtain an 10 kt.
airspeed less than the trim speed, and a (d) Autorotation. Static longitudinal
forward movement of the control is stability must be shown in autorota-
necessary to obtain an airspeed more tion at—
than the trim speed. (1) Airspeeds from the minimum rate
(b) Throughout the full range of alti- of descent airspeed¥10 kt to the min-
tude for which certification is re- imum rate of descent airspeed + 10 kt,
quested, with the throttle and collec- with—
tive pitch held constant during the ma- (i) Critical weight;
neuvers specified in § 27.175(a) through (ii) Critical center of gravity;
(d), the slope of the control position (iii) The landing gear extended; and
versus airspeed curve must be positive. (iv) The rotorcraft trimmed at the
However, in limited flight conditions minimum rate of descent airspeed.
or modes of operation determined by (2) Airspeeds from best angle-of-glide
the Administrator to be acceptable, the airspeed¥10 kt to the best angle-of-
slope of the control position versus air- glide airspeed + 10 kt, with—
speed curve may be neutral or negative (i) Critical weight;
if the rotorcraft possesses flight char- (ii) Critical center of gravity;
acteristics that allow the pilot to (iii) The landing gear retracted; and
maintain airspeed within ±5 knots of (iv) The rotorcraft trimmed at the
the desired trim airspeed without ex- best angle-of-glide airspeed.
ceptional piloting skill or alertness.
(Secs. 313(a), 601, 603, 604, and 605 of the Fed-
[Amdt. 27–21, 49 FR 44433, Nov. 6, 1984, as eral Aviation Act of 1958 (49 U.S.C. 1354(a),
amended by Amdt. 27–44, 73 FR 10999, Feb. 29, 1421, 1423, 1424, and 1425); and sec. 6(c) of the
2008] Dept. of Transportation Act (49 U.S.C.
1655(c)))
§ 27.175 Demonstration of static longi-
tudinal stability. [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
amended by Amdt. 27–2, 33 FR 963, Jan. 26,
(a) Climb. Static longitudinal sta- 1968; Amdt. 27–11, 41 FR 55468, Dec. 20, 1976;
bility must be shown in the climb con- Amdt. 27–14, 43 FR 2325, Jan. 16, 1978; Amdt.
dition at speeds from Vy ¥ 10 kt to Vy 27–21, 49 FR 44433, Nov. 6, 1984; Amdt. 27–34, 62
+ 10 kt with— FR 46173, Aug. 29, 1997; Amdt. 27–44, 73 FR
(1) Critical weight; 10999, Feb. 29, 2008]
(2) Critical center of gravity;
§ 27.177 Static directional stability.
(3) Maximum continuous power;
(4) The landing gear retracted; and (a) The directional controls must op-
(5) The rotorcraft trimmed at VY. erate in such a manner that the sense
(b) Cruise. Static longitudinal sta- and direction of motion of the rotor-
bility must be shown in the cruise con- craft following control displacement
dition at speeds from 0.8 VNE ¥ 10 kt to are in the direction of the pedal motion
0.8 VNE + 10 kt or, if VH is less than 0.8 with the throttle and collective con-
VNE, from VH ¥10 kt to VH + 10 kt, trols held constant at the trim condi-
with— tions specified in § 27.175(a), (b), and (c).
(1) Critical weight; Sideslip angles must increase with
(2) Critical center of gravity; steadily increasing directional control
lhorne on DSKJLZT7X2PROD with CFR

(3) Power for level flight at 0.8 VNE or deflection for sideslip angles up to the
VH, whichever is less; lesser of—

495

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00505 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.231 14 CFR Ch. I (1–1–22 Edition)

(1) ±25 degrees from trim at a speed of MISCELLANEOUS FLIGHT REQUIREMENTS


15 knots less than the speed for min-
imum rate of descent varying linearly § 27.251 Vibration.
to ±10 degrees from trim at VNE; Each part of the rotorcraft must be
(2) The steady state sideslip angles free from excessive vibration under
established by § 27.351; each appropriate speed and power con-
(3) A sideslip angle selected by the dition.
applicant, which corresponds to a
sideforce of at least 0.1g; or Subpart C—Strength Requirements
(4) The sideslip angle attained by
maximum directional control input. GENERAL
(b) Sufficient cues must accompany
the sideslip to alert the pilot when the § 27.301 Loads.
aircraft is approaching the sideslip (a) Strength requirements are speci-
limits. fied in terms of limit loads (the max-
(c) During the maneuver specified in imum loads to be expected in service)
paragraph (a) of this section, the side- and ultimate loads (limit loads multi-
slip angle versus directional control plied by prescribed factors of safety).
position curve may have a negative Unless otherwise provided, prescribed
slope within a small range of angles loads are limit loads.
around trim, provided the desired head- (b) Unless otherwise provided, the
ing can be maintained without excep- specified air, ground, and water loads
tional piloting skill or alertness. must be placed in equilibrium with in-
[Amdt. 27–44, 73 FR 11000, Feb. 29, 2008] ertia forces, considering each item of
mass in the rotorcraft. These loads
GROUND AND WATER HANDLING must be distributed to closely approxi-
CHARACTERISTICS mate or conservatively represent ac-
tual conditions.
§ 27.231 General. (c) If deflections under load would
The rotorcraft must have satisfac- significantly change the distribution of
tory ground and water handling char- external or internal loads, this redis-
acteristics, including freedom from un- tribution must be taken into account.
controllable tendencies in any condi-
§ 27.303 Factor of safety.
tion expected in operation.
Unless otherwise provided, a factor of
§ 27.235 Taxiing condition. safety of 1.5 must be used. This factor
The rotorcraft must be designed to applies to external and inertia loads
withstand the loads that would occur unless its application to the resulting
when the rotorcraft is taxied over the internal stresses is more conservative.
roughest ground that may reasonably
§ 27.305 Strength and deformation.
be expected in normal operation.
(a) The structure must be able to
§ 27.239 Spray characteristics. support limit loads without detri-
If certification for water operation is mental or permanent deformation. At
requested, no spray characteristics any load up to limit loads, the defor-
during taxiing, takeoff, or landing may mation may not interfere with safe op-
obscure the vision of the pilot or dam- eration.
age the rotors, propellers, or other (b) The structure must be able to
parts of the rotorcraft. support ultimate loads without failure.
This must be shown by—
§ 27.241 Ground resonance. (1) Applying ultimate loads to the
The rotorcraft may have no dan- structure in a static test for at least
gerous tendency to oscillate on the three seconds; or
(2) Dynamic tests simulating actual
lhorne on DSKJLZT7X2PROD with CFR

ground with the rotor turning.


load application.

496

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00506 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.339

§ 27.307 Proof of structure. FLIGHT LOADS


(a) Compliance with the strength and § 27.321 General.
deformation requirements of this sub-
(a) The flight load factor must be as-
part must be shown for each critical
sumed to act normal to the longitu-
loading condition accounting for the
dinal axis of the rotorcraft, and to be
environment to which the structure equal in magnitude and opposite in di-
will be exposed in operation. Struc- rection to the rotorcraft inertia load
tural analysis (static or fatigue) may factor at the center of gravity.
be used only if the structure conforms (b) Compliance with the flight load
to those structures for which experi- requirements of this subpart must be
ence has shown this method to be reli- shown—
able. In other cases, substantiating (1) At each weight from the design
load tests must be made. minimum weight to the design max-
(b) Proof of compliance with the imum weight; and
strength requirements of this subpart (2) With any practical distribution of
must include— disposable load within the operating
(1) Dynamic and endurance tests of limitations in the Rotorcraft Flight
rotors, rotor drives, and rotor controls; Manual.
(2) Limit load tests of the control [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
system, including control surfaces; amended by Amdt. 27–11, 41 FR 55468, Dec. 20,
(3) Operation tests of the control sys- 1976]
tem;
§ 27.337 Limit maneuvering load fac-
(4) Flight stress measurement tests; tor.
(5) Landing gear drop tests; and
(6) Any additional test required for The rotorcraft must be designed for—
new or unusual design features. (a) A limit maneuvering load factor
ranging from a positive limit of 3.5 to
(Secs. 604, 605, 72 Stat. 778, 49 U.S.C. 1424, a negative limit of ¥1.0; or
1425) (b) Any positive limit maneuvering
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as load factor not less than 2.0 and any
amended by Amdt. 27–3, 33 FR 14105, Sept. 18, negative limit maneuvering load factor
1968; Amdt. 27–26, 55 FR 7999, Mar. 6, 1990] of not less than ¥0.5 for which—
(1) The probability of being exceeded
§ 27.309 Design limitations. is shown by analysis and flight tests to
The following values and limitations be extremely remote; and
must be established to show compli- (2) The selected values are appro-
priate to each weight condition be-
ance with the structural requirements
tween the design maximum and design
of this subpart:
minimum weights.
(a) The design maximum weight.
(b) The main rotor r.p.m. ranges [Amdt. 27–26, 55 FR 7999, Mar. 6, 1990]
power on and power off.
§ 27.339 Resultant limit maneuvering
(c) The maximum forward speeds for loads.
each main rotor r.p.m. within the
ranges determined under paragraph (b) The loads resulting from the applica-
of this section. tion of limit maneuvering load factors
are assumed to act at the center of
(d) The maximum rearward and side-
each rotor hub and at each auxiliary
ward flight speeds.
lifting surface, and to act in directions,
(e) The center of gravity limits cor- and with distributions of load among
responding to the limitations deter- the rotors and auxiliary lifting sur-
mined under paragraphs (b), (c), and (d) faces, so as to represent each critical
of this section. maneuvering condition, including
(f) The rotational speed ratios be- power-on and power-off flight with the
tween each powerplant and each con- maximum design rotor tip speed ratio.
nected rotating component. The rotor tip speed ratio is the ratio of
lhorne on DSKJLZT7X2PROD with CFR

(g) The positive and negative limit the rotorcraft flight velocity compo-
maneuvering load factors. nent in the plane of the rotor disc to

497

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00507 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.341 14 CFR Ch. I (1–1–22 Edition)

the rotational tip speed of the rotor by the maximum pilot force specified
blades, and is expressed as follows: in § 27.397(a);
(2) Attain a resulting sideslip angle
V cos a or 15°, whichever is less, at the lesser
μ= speed of VNE or VH;
ΩR (3) Vary the sideslip angles of para-
where—
graphs (b)(2) and (c)(2) of this section
V = The airspeed along flight path (f.p.s.); directly with speed; and
a = The angle between the projection, in the
plane of symmetry, of the axis of no
(4) Return the directional control
feathering and a line perpendicular to suddenly to neutral.
the flight path (radians, positive when [Amdt. 27–26, 55 FR 7999, Mar. 6, 1990, as
axis is pointing aft); amended by Amdt. 27–34, 62 FR 46173, Aug. 29,
omega = The angular velocity of rotor (radi- 1997]
ans per second); and
R = The rotor radius (ft). § 27.361 Engine torque.
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as (a) For turbine engines, the limit
amended by Amdt. 27–11, 41 FR 55469, Dec. 20,
torque may not be less than the high-
1976]
est of—
§ 27.341 Gust loads. (1) The mean torque for maximum
continuous power multiplied by 1.25;
The rotorcraft must be designed to (2) The torque required by § 27.923;
withstand, at each critical airspeed in- (3) The torque required by § 27.927; or
cluding hovering, the loads resulting (4) The torque imposed by sudden en-
from a vertical gust of 30 feet per sec- gine stoppage due to malfunction or
ond. structural failure (such as compressor
§ 27.351 Yawing conditions. jamming).
(b) For reciprocating engines, the
(a) Each rotorcraft must be designed limit torque may not be less than the
for the loads resulting from the maneu- mean torque for maximum continuous
vers specified in paragraphs (b) and (c) power multiplied by—
of this section with— (1) 1.33, for engines with five or more
(1) Unbalanced aerodynamic mo- cylinders; and
ments about the center of gravity (2) Two, three, and four, for engines
which the aircraft reacts to in a ration- with four, three, and two cylinders, re-
al or conservative manner considering spectively.
the principal masses furnishing the re-
acting inertia forces; and [Amdt. 27–23, 53 FR 34210, Sept. 2, 1988]
(2) Maximum main rotor speed.
CONTROL SURFACE AND SYSTEM LOADS
(b) To produce the load required in
paragraph (a) of this section, in unac- § 27.391 General.
celerated flight with zero yaw, at for-
ward speeds from zero up to 0.6 VNE— Each auxiliary rotor, each fixed or
(1) Displace the cockpit directional movable stabilizing or control surface,
control suddenly to the maximum de- and each system operating any flight
flection limited by the control stops or control must meet the requirements of
by the maximum pilot force specified §§ 27.395, 27.397, 27.399, 27.411, and 27.427.
in § 27.397(a); [Amdt. 27–26, 55 FR 7999, Mar. 6, 1990, as
(2) Attain a resulting sideslip angle amended by Amdt. 27–34, 62 FR 46173, Aug. 29,
or 90°, whichever is less; and 1997]
(3) Return the directional control
suddenly to neutral. § 27.395 Control system.
(c) To produce the load required in (a) The part of each control system
paragraph (a) of this section, in unac- from the pilot’s controls to the control
celerated flight with zero yaw, at for- stops must be designed to withstand
ward speeds from 0.6 VNE up to VNE or pilot forces of not less than—
VH, whichever is less— (1) The forces specified in § 27.397; or
(1) Displace the cockpit directional (2) If the system prevents the pilot
lhorne on DSKJLZT7X2PROD with CFR

control suddenly to the maximum de- from applying the limit pilot forces to
flection limited by the control stops or the system, the maximum forces that

498
EC28SE91.083</MATH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00508 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.427

the system allows the pilot to apply, any angle within 20 degrees of the
but not less than 0.60 times the forces plane of motion of the control.
specified in § 27.397. (2) Twist controls, 80R inch-pounds.
(b) Each primary control system, in- [Amdt. 27–11, 41 FR 55469, Dec. 20, 1976, as
cluding its supporting structure, must amended by Amdt. 27–40, 66 FR 23538, May 9,
be designed as follows: 2001]
(1) The system must withstand loads
resulting from the limit pilot forces § 27.399 Dual control system.
prescribed in § 27.397. Each dual primary flight control sys-
(2) Notwithstanding paragraph (b)(3) tem must be designed to withstand the
of this section, when power-operated loads that result when pilot forces of
actuator controls or power boost con- 0.75 times those obtained under § 27.395
trols are used, the system must also are applied—
withstand the loads resulting from the (a) In opposition; and
force output of each normally ener- (b) In the same direction.
gized power device, including any sin-
gle power boost or actuator system § 27.411 Ground clearance: tail rotor
failure. guard.
(3) If the system design or the normal (a) It must be impossible for the tail
operating loads are such that a part of rotor to contact the landing surface
the system cannot react to the limit during a normal landing.
pilot forces prescribed in § 27.397, that (b) If a tail rotor guard is required to
part of the system must be designed to show compliance with paragraph (a) of
withstand the maximum loads that can this section—
be obtained in normal operation. The (1) Suitable design loads must be es-
minimum design loads must, in any tablished for the guard; and
case, provide a rugged system for serv- (2) The guard and its supporting
ice use, including consideration of fa- structure must be designed to with-
tigue, jamming, ground gusts, control stand those loads.
inertia, and friction loads. In the ab-
sence of rational analysis, the design § 27.427 Unsymmetrical loads.
loads resulting from 0.60 of the speci- (a) Horizontal tail surfaces and their
fied limit pilot forces are acceptable supporting structure must be designed
minimum design loads. for unsymmetrical loads arising from
(4) If operational loads may be ex- yawing and rotor wake effects in com-
ceeded through jamming, ground gusts, bination with the prescribed flight con-
control inertia, or friction, the system ditions.
must withstand the limit pilot forces (b) To meet the design criteria of
specified in § 27.397, without yielding. paragraph (a) of this section, in the ab-
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as sence of more rational data, both of the
amended by Amdt. 27–26, 55 FR 7999, Mar. 6, following must be met:
1990] (1) One hundred percent of the max-
imum loading from the symmetrical
§ 27.397 Limit pilot forces and torques. flight conditions acts on the surface on
(a) Except as provided in paragraph one side of the plane of symmetry, and
(b) of this section, the limit pilot no loading acts on the other side.
forces are as follows: (2) Fifty percent of the maximum
(1) For foot controls, 130 pounds. loading from the symmetrical flight
(2) For stick controls, 100 pounds fore conditions acts on the surface on each
and aft, and 67 pounds laterally. side of the plane of symmetry but in
(b) For flap, tab, stabilizer, rotor opposite directions.
brake, and landing gear operating con- (c) For empennage arrangements
trols, the follows apply (R = radius in where the horizontal tail surfaces are
inches): supported by the vertical tail surfaces,
(1) Crank, wheel, and lever controls, the vertical tail surfaces and sup-
[1 + R]/3 × 50 pounds, but not less than porting structure must be designed for
50 pounds nor more than 100 pounds for the combined vertical and horizontal
lhorne on DSKJLZT7X2PROD with CFR

hand operated controls or 130 pounds surface loads resulting from each pre-
for foot operated controls, applied at scribed flight condition, considered

499

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00509 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.471 14 CFR Ch. I (1–1–22 Edition)

separately. The flight conditions must § 27.477 Landing gear arrangement.


be selected so the maximum design
Sections 27.235, 27.479 through 27.485,
loads are obtained on each surface. In
and 27.493 apply to landing gear with
the absence of more rational data, the
two wheels aft, and one or more wheels
unsymmetrical horizontal tail surface
forward, of the center of gravity.
loading distributions described in this
section must be assumed. § 27.479 Level landing conditions.
[Amdt. 27–26, 55 FR 7999, Mar. 6, 1990, as (a) Attitudes. Under each of the load-
amended by Amdt. 27–27, 55 FR 38966, Sept. ing conditions prescribed in paragraph
21, 1990]
(b) of this section, the rotorcraft is as-
GROUND LOADS sumed to be in each of the following
level landing attitudes:
§ 27.471 General. (1) An attitude in which all wheels
contact the ground simultaneously.
(a) Loads and equilibrium. For limit
ground loads— (2) An attitude in which the aft
(1) The limit ground loads obtained wheels contact the ground with the for-
in the landing conditions in this part ward wheels just clear of the ground.
must be considered to be external loads (b) Loading conditions. The rotorcraft
that would occur in the rotorcraft must be designed for the following
structure if it were acting as a rigid landing loading conditions:
body; and (1) Vertical loads applied under
(2) In each specified landing condi- § 27.471.
tion, the external loads must be placed (2) The loads resulting from a com-
in equilibrium with linear and angular bination of the loads applied under
inertia loads in a rational or conserv- paragraph (b)(1) of this section with
ative manner. drag loads at each wheel of not less
(b) Critical centers of gravity. The crit- than 25 percent of the vertical load at
ical centers of gravity within the range that wheel.
for which certification is requested (3) If there are two wheels forward, a
must be selected so that the maximum distribution of the loads applied to
design loads are obtained in each land- those wheels under paragraphs (b)(1)
ing gear element. and (2) of this section in a ratio of
40:60.
§ 27.473 Ground loading conditions (c) Pitching moments. Pitching mo-
and assumptions. ments are assumed to be resisted by—
(a) For specified landing conditions, (1) In the case of the attitude in para-
a design maximum weight must be graph (a)(1) of this section, the forward
used that is not less than the max- landing gear; and
imum weight. A rotor lift may be as- (2) In the case of the attitude in para-
sumed to act through the center of graph (a)(2) of this section, the angular
gravity throughout the landing impact. inertia forces.
This lift may not exceed two-thirds of [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964; 29
the design maximum weight. FR 17885, Dec. 17, 1964]
(b) Unless otherwise prescribed, for
each specified landing condition, the § 27.481 Tail-down landing conditions.
rotorcraft must be designed for a limit (a) The rotorcraft is assumed to be in
load factor of not less than the limit the maximum nose-up attitude allow-
inertia load factor substantiated under ing ground clearance by each part of
§ 27.725. the rotorcraft.
[Amdt. 27–2, 33 FR 963, Jan. 26, 1968] (b) In this attitude, ground loads are
assumed to act perpendicular to the
§ 27.475 Tires and shock absorbers. ground.
Unless otherwise prescribed, for each
specified landing condition, the tires § 27.483 One-wheel landing conditions.
must be assumed to be in their static For the one-wheel landing condition,
lhorne on DSKJLZT7X2PROD with CFR

position and the shock absorbers to be the rotorcraft is assumed to be in the


in their most critical position. level attitude and to contact the

500

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00510 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.497

ground on one aft wheel. In this atti- § 27.497 Ground loading conditions:
tude— landing gear with tail wheels.
(a) The vertical load must be the (a) General. Rotorcraft with landing
same as that obtained on that side gear with two wheels forward, and one
under § 27.479(b)(1); and wheel aft, of the center of gravity must
(b) The unbalanced external loads be designed for loading conditions as
must be reacted by rotorcraft inertia. prescribed in this section.
§ 27.485 Lateral drift landing condi- (b) Level landing attitude with only the
tions. forward wheels contacting the ground. In
this attitude—
(a) The rotorcraft is assumed to be in
(1) The vertical loads must be applied
the level landing attitude, with—
(1) Side loads combined with one-half under §§ 27.471 through 27.475;
of the maximum ground reactions ob- (2) The vertical load at each axle
tained in the level landing conditions must be combined with a drag load at
of § 27.479 (b)(1); and that axle of not less than 25 percent of
(2) The loads obtained under para- that vertical load; and
graph (a)(1) of this section applied— (3) Unbalanced pitching moments are
(i) At the ground contact point; or assumed to be resisted by angular iner-
(ii) For full-swiveling gear, at the tia forces.
center of the axle. (c) Level landing attitude with all
(b) The rotorcraft must be designed wheels contacting the ground simulta-
to withstand, at ground contact— neously. In this attitude, the rotorcraft
(1) When only the aft wheels contact must be designed for landing loading
the ground, side loads of 0.8 times the conditions as prescribed in paragraph
vertical reaction acting inward on one (b) of this section.
side, and 0.6 times the vertical reaction (d) Maximum nose-up attitude with
acting outward on the other side, all only the rear wheel contacting the
combined with the vertical loads speci- ground. The attitude for this condition
fied in paragraph (a) of this section; must be the maximum nose-up attitude
and expected in normal operation, includ-
(2) When all wheels contact the ing autorotative landings. In this atti-
ground simultaneously— tude—
(i) For the aft wheels, the side loads (1) The appropriate ground loads
specified in paragraph (b)(1) of this sec- specified in paragraphs (b)(1) and (2) of
tion; and this section must be determined and
(ii) For the forward wheels, a side applied, using a rational method to ac-
load of 0.8 times the vertical reaction count for the moment arm between the
combined with the vertical load speci- rear wheel ground reaction and the
fied in paragraph (a) of this section. rotorcraft center of gravity; or
(2) The probability of landing with
§ 27.493 Braked roll conditions. initial contact on the rear wheel must
Under braked roll conditions with be shown to be extremely remote.
the shock absorbers in their static po- (e) Level landing attitude with only one
sitions— forward wheel contacting the ground. In
(a) The limit vertical load must be this attitude, the rotorcraft must be
based on a load factor of at least— designed for ground loads as specified
(1) 1.33, for the attitude specified in in paragraphs (b)(1) and (3) of this sec-
§ 27.479(a)(1); and tion.
(2) 1.0 for the attitude specified in (f) Side loads in the level landing atti-
§ 27.479(a)(2); and tude. In the attitudes specified in para-
(b) The structure must be designed to graphs (b) and (c) of this section, the
withstand at the ground contact point following apply:
of each wheel with brakes, a drag load (1) The side loads must be combined
at least the lesser of— at each wheel with one-half of the max-
(1) The vertical load multiplied by a imum vertical ground reactions ob-
coefficient of friction of 0.8; and tained for that wheel under paragraphs
lhorne on DSKJLZT7X2PROD with CFR

(2) The maximum value based on lim- (b) and (c) of this section. In this condi-
iting brake torque. tion, the side loads must be—

501

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00511 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.501 14 CFR Ch. I (1–1–22 Edition)

(i) For the forward wheels, 0.8 times my damper (the rear wheel being as-
the vertical reaction (on one side) act- sumed to be in the trailing position).
ing inward, and 0.6 times the vertical (i) Taxiing condition. The rotorcraft
reaction (on the other side) acting out- and its landing gear must be designed
ward; and for loads that would occur when the
(ii) For the rear wheel, 0.8 times the rotorcraft is taxied over the roughest
vertical reaction. ground that may reasonably be ex-
(2) The loads specified in paragraph pected in normal operation.
(f)(1) of this section must be applied—
(i) At the ground contact point with § 27.501 Ground loading conditions:
the wheel in the trailing position (for landing gear with skids.
non-full swiveling landing gear or for (a) General. Rotorcraft with landing
full swiveling landing gear with a lock, gear with skids must be designed for
steering device, or shimmy damper to
the loading conditions specified in this
keep the wheel in the trailing posi-
section. In showing compliance with
tion); or
this section, the following apply:
(ii) At the center of the axle (for full
swiveling landing gear without a lock, (1) The design maximum weight, cen-
steering device, or shimmy damper). ter of gravity, and load factor must be
(g) Braked roll conditions in the level determined under §§ 27.471 through
landing attitude. In the attitudes speci- 27.475.
fied in paragraphs (b) and (c) of this (2) Structural yielding of elastic
section, and with the shock absorbers spring members under limit loads is ac-
in their static positions, the rotorcraft ceptable.
must be designed for braked roll loads (3) Design ultimate loads for elastic
as follows: spring members need not exceed those
(1) The limit vertical load must be obtained in a drop test of the gear
based on a limit vertical load factor of with—
not less than— (i) A drop height of 1.5 times that
(i) 1.0, for the attitude specified in specified in § 27.725; and
paragraph (b) of this section; and (ii) An assumed rotor lift of not more
(ii) 1.33, for the attitude specified in than 1.5 times that used in the limit
paragraph (c) of this section. drop tests prescribed in § 27.725.
(2) For each wheel with brakes, a (4) Compliance with paragraphs (b)
drag load must be applied, at the through (e) of this section must be
ground contact point, of not less than shown with—
the lesser of— (i) The gear in its most critically de-
(i) 0.8 times the vertical load; and flected position for the landing condi-
(ii) The maximum based on limiting
tion being considered; and
brake torque.
(ii) The ground reactions rationally
(h) Rear wheel turning loads in the
static ground attitude. In the static distributed along the bottom of the
ground attitude, and with the shock skid tube.
absorbers and tires in their static posi- (b) Vertical reactions in the level land-
tions, the rotorcraft must be designed ing attitude. In the level attitude, and
for rear wheel turning loads as follows: with the rotorcraft contacting the
(1) A vertical ground reaction equal ground along the bottom of both skids,
to the static load on the rear wheel the vertical reactions must be applied
must be combined with an equal as prescribed in paragraph (a) of this
sideload. section.
(2) The load specified in paragraph (c) Drag reactions in the level landing
(h)(1) of this section must be applied to attitude. In the level attitude, and with
the rear landing gear— the rotorcraft contacting the ground
(i) Through the axle, if there is a along the bottom of both skids, the fol-
swivel (the rear wheel being assumed lowing apply:
to be swiveled 90 degrees to the longi- (1) The vertical reactions must be
tudinal axis of the rotorcraft); or combined with horizontal drag reac-
lhorne on DSKJLZT7X2PROD with CFR

(ii) At the ground contact point, if tions of 50 percent of the vertical reac-
there is a lock, steering device or shim- tion applied at the ground.

502

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00512 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.521

(2) The resultant ground loads must (2) With the rotorcraft in the level
equal the vertical load specified in landing attitude, a vertical ground re-
paragraph (b) of this section. action load equal to one-half of the
(d) Sideloads in the level landing atti- vertical load determined under para-
tude. In the level attitude,and with the graph (b) of this section. This load
rotorcraft contacting the ground along must be—
the bottom of both skids, the following (i) Applied only to the skid tube and
apply: its attachment to the rotorcraft; and
(1) The vertical ground reaction must (ii) Distributed equally over 33.3 per-
be— cent of the length between the skid
(i) Equal to the vertical loads ob- tube attachments and centrally located
tained in the condition specified in midway between the skid tube attach-
paragraph (b) of this section; and ments.
(ii) Divided equally among the skids.
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
(2) The vertical ground reactions
amended by Amdt. 27–2, 33 FR 963, Jan. 26,
must be combined with a horizontal 1968; Amdt. 27–26, 55 FR 8000, Mar. 6, 1990]
sideload of 25 percent of their value.
(3) The total sideload must be applied § 27.505 Ski landing conditions.
equally between the skids and along
the length of the skids. If certification for ski operation is
(4) The unbalanced moments are as- requested, the rotorcraft, with skis,
sumed to be resisted by angular iner- must be designed to withstand the fol-
tia. lowing loading conditions (where P is
(5) The skid gear must be inves- the maximum static weight on each ski
tigated for— with the rotorcraft at design maximum
(i) Inward acting sideloads; and weight, and n is the limit load factor
(ii) Outward acting sideloads. determined under § 27.473(b).
(e) One-skid landing loads in the level (a) Up-load conditions in which—
attitude. In the level attitude, and with (1) A vertical load of Pn and a hori-
the rotorcraft contacting the ground zontal load of Pn/4 are simultaneously
along the bottom of one skid only, the applied at the pedestal bearings; and
following apply: (2) A vertical load of 1.33 P is applied
(1) The vertical load on the ground at the pedestal bearings.
contact side must be the same as that (b) A side-load condition in which a
obtained on that side in the condition side load of 0.35 Pn is applied at the
specified in paragraph (b) of this sec- pedestal bearings in a horizontal plane
tion. perpendicular to the centerline of the
(2) The unbalanced moments are as- rotorcraft.
sumed to be resisted by angular iner- (c) A torque-load condition in which
tia. a torque load of 1.33 P (in foot pounds)
(f) Special conditions. In addition to is applied to the ski about the vertical
the conditions specified in paragraphs axis through the centerline of the ped-
(b) and (c) of this section, the rotor- estal bearings.
craft must be designed for the fol-
lowing ground reactions: WATER LOADS
(1) A ground reaction load acting up
§ 27.521 Float landing conditions.
and aft at an angle of 45 degrees to the
longitudinal axis of the rotorcraft. If certification for float operation is
This load must be— requested, the rotorcraft, with floats,
(i) Equal to 1.33 times the maximum must be designed to withstand the fol-
weight; lowing loading conditions (where the
(ii) Distributed symmetrically among limit load factor is determined under
the skids; § 27.473(b) or assumed to be equal to
(iii) Concentrated at the forward end that determined for wheel landing
of the straight part of the skid tube; gear):
and (a) Up-load conditions in which—
(iv) Applied only to the forward end (1) A load is applied so that, with the
lhorne on DSKJLZT7X2PROD with CFR

of the skid tube and its attachment to rotorcraft in the static level attitude,
the rotorcraft. the resultant water reaction passes

503

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00513 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.547 14 CFR Ch. I (1–1–22 Edition)

vertically through the center of grav- (ii) The limit engine torque specified
ity; and in § 27.361.
(2) The vertical load prescribed in (2) The limit torque must be distrib-
paragraph (a)(1) of this section is ap- uted to the rotor blades in a rational
plied simultaneously with an aft com- manner.
ponent of 0.25 times the vertical com- (Secs. 604, 605, 72 Stat. 778, 49 U.S.C. 1424,
ponent. 1425)
(b) A side-load condition in which— [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
(1) A vertical load of 0.75 times the amended by Amdt. 27–3, 33 FR 14105, Sept. 18,
total vertical load specified in para- 1968]
graph (a)(1) of this section is divided
equally among the floats; and § 27.549 Fuselage, landing gear, and
(2) For each float, the load share de- rotor pylon structures.
termined under paragraph (b)(1) of this (a) Each fuselage, landing gear, and
section, combined with a total side rotor pylon structure must be designed
load of 0.25 times the total vertical as prescribed in this section. Resultant
load specified in paragraph (b)(1) of rotor forces may be represented as a
this section, is applied to that float single force applied at the rotor hub at-
only. tachment point.
(b) Each structure must be designed
MAIN COMPONENT REQUIREMENTS to withstand—
(1) The critical loads prescribed in
§ 27.547 Main rotor structure. §§ 27.337 through 27.341;
(a) Each main rotor assembly (in- (2) The applicable ground loads pre-
cluding rotor hubs and blades) must be scribed in §§ 27.235, 27.471 through 27.485,
designed as prescribed in this section. 27.493, 27.497, 27.501, 27.505, and 27.521;
(b) [Reserved] and
(c) The main rotor structure must be (3) The loads prescribed in § 27.547
designed to withstand the following (d)(2) and (e).
(c) Auxiliary rotor thrust, and the
loads prescribed in §§ 27.337 through
balancing air and inertia loads occur-
27.341:
ring under accelerated flight condi-
(1) Critical flight loads. tions, must be considered.
(2) Limit loads occurring under nor- (d) Each engine mount and adjacent
mal conditions of autorotation. For fuselage structure must be designed to
this condition, the rotor r.p.m. must be withstand the loads occurring under
selected to include the effects of alti- accelerated flight and landing condi-
tude. tions, including engine torque.
(d) The main rotor structure must be
designed to withstand loads simu- (Secs. 604, 605, 72 Stat. 778, 49 U.S.C. 1424,
1425)
lating—
(1) For the rotor blades, hubs, and [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
flapping hinges, the impact force of amended by Amdt. 27–3, 33 FR 14105, Sept. 18,
1968]
each blade against its stop during
ground operation; and EMERGENCY LANDING CONDITIONS
(2) Any other critical condition ex-
pected in normal operation. § 27.561 General.
(e) The main rotor structure must be (a) The rotorcraft, although it may
designed to withstand the limit torque be damaged in emergency landing con-
at any rotational speed, including zero. ditions on land or water, must be de-
In addition: signed as prescribed in this section to
(1) The limit torque need not be protect the occupants under those con-
greater than the torque defined by a ditions.
torque limiting device (where pro- (b) The structure must be designed to
vided), and may not be less than the give each occupant every reasonable
greater of— chance of escaping serious injury in a
(i) The maximum torque likely to be crash landing when—
lhorne on DSKJLZT7X2PROD with CFR

transmitted to the rotor structure in (1) Proper use is made of seats, belts,
either direction; and and other safety design provisions;

504

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00514 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.562

(2) The wheels are retracted (where (2) The occupant is exposed to the
applicable); and loads resulting from the conditions
(3) Each occupant and each item of prescribed in this section.
mass inside the cabin that could injure (b) Each seat type design or other
an occupant is restrained when sub- seating device approved for crew or
jected to the following ultimate iner- passenger occupancy during takeoff
tial load factors relative to the sur- and landing must successfully com-
rounding structure: plete dynamic tests or be demonstrated
(i) Upward—4g. by rational analysis based on dynamic
(ii) Forward—16g. tests of a similar type seat in accord-
(iii) Sideward—8g. ance with the following criteria. The
tests must be conducted with an occu-
(iv) Downward—20g, after intended
pant, simulated by a 170-pound
displacement of the seat device.
anthropomorphic test dummy (ATD),
(v) Rearward—1.5g. as defined by 49 CFR 572, subpart B, or
(c) The supporting structure must be its equivalent, sitting in the normal
designed to restrain, under any ulti- upright position.
mate inertial load up to those specified (1) A change in downward velocity of
in this paragraph, any item of mass not less than 30 feet per second when
above and/or behind the crew and pas- the seat or other seating device is ori-
senger compartment that could injure ented in its nominal position with re-
an occupant if it came loose in an spect to the rotorcraft’s reference sys-
emergency landing. Items of mass to be tem, the rotorcraft’s longitudinal axis
considered include, but are not limited is canted upward 60° with respect to
to, rotors, transmissions, and engines. the impact velocity vector, and the
The items of mass must be restrained rotorcraft’s lateral axis is perpen-
for the following ultimate inertial load dicular to a vertical plane containing
factors: the impact velocity vector and the
(1) Upward—1.5g. rotorcraft’s longitudinal axis. Peak
(2) Forward—12g. floor deceleration must occur in not
(3) Sideward—6g. more than 0.031 seconds after impact
(4) Downward—12g. and must reach a minimum of 30g’s.
(5) Rearward—1.5g (2) A change in forward velocity of
(d) Any fuselage structure in the area not less than 42 feet per second when
of internal fuel tanks below the pas- the seat or other seating device is ori-
senger floor level must be designed to ented in its nominal position with re-
resist the following ultimate inertial spect to the rotorcraft’s reference sys-
factors and loads and to protect the tem, the rotorcraft’s longitudinal axis
fuel tanks from rupture when those is yawed 10° either right or left of the
loads are applied to that area: impact velocity vector (whichever
(i) Upward—1.5g. would cause the greatest load on the
(ii) Forward—4.0g. shoulder harness), the rotorcraft’s lat-
eral axis is contained in a horizontal
(iii) Sideward—2.0g.
plane containing the impact velocity
(iv) Downward—4.0g.
vector, and the rotorcraft’s vertical
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as axis is perpendicular to a horizontal
amended by Amdt. 27–25, 54 FR 47318, Nov. 13, plane containing the impact velocity
1989; Amdt. 27–30, 59 FR 50386, Oct. 3, 1994; vector. Peak floor deceleration must
Amdt. 27–32, 61 FR 10438, Mar. 13, 1996] occur in not more than 0.071 seconds
after impact and must reach a min-
§ 27.562 Emergency landing dynamic imum of 18.4g’s.
conditions.
(3) Where floor rails or floor or side-
(a) The rotorcraft, although it may wall attachment devices are used to at-
be damaged in an emergency crash tach the seating devices to the air-
landing, must be designed to reason- frame structure for the conditions of
ably protect each occupant when— this section, the rails or devices must
(1) The occupant properly uses the be misaligned with respect to each
lhorne on DSKJLZT7X2PROD with CFR

seats, safety belts, and shoulder har- other by at least 10° vertically (i.e.,
nesses provided in the design; and pitch out of parallel) and by at least a

505

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00515 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.563 14 CFR Ch. I (1–1–22 Edition)

10° lateral roll, with the directions op- for ditching must meet the require-
tional, to account for possible floor ments of this section and § 27.801(e).
warp. (a) Forward speed landing conditions.
(c) Compliance with the following The rotorcraft must initially contact
must be shown: the most critical wave for reasonably
(1) The seating device system must probable water conditions at forward
remain intact although it may experi- velocities from zero up to 30 knots in
ence separation intended as part of its likely pitch, roll, and yaw attitudes.
design. The rotorcraft limit vertical descent
(2) The attachment between the seat- velocity may not be less than 5 feet per
ing device and the airframe structure second relative to the mean water sur-
must remain intact, although the face. Rotor lift may be used to act
structure may have exceeded its limit through the center of gravity through-
load. out the landing impact. This lift may
(3) The ATD’s shoulder harness strap not exceed two-thirds of the design
or straps must remain on or in the im- maximum weight. A maximum forward
mediate vicinity of the ATD’s shoulder velocity of less than 30 knots may be
during the impact. used in design if it can be dem-
(4) The safety belt must remain on onstrated that the forward velocity se-
the ATD’s pelvis during the impact. lected would not be exceeded in a nor-
(5) The ATD’s head either does not mal one-engine-out touchdown.
contact any portion of the crew or pas- (b) Auxiliary or emergency float condi-
senger compartment, or if contact is tions—(1) Floats fixed or deployed before
made, the head impact does not exceed initial water contact. In addition to the
a head injury criteria (HIC) of 1,000 as landing loads in paragraph (a) of this
determined by this equation. section, each auxiliary or emergency
float, of its support and attaching
2.5
⎡ 1 ⎤ structure in the airframe or fuselage,
HIC = ( t 2 − t 1 ) ⎢
t2

⎢⎣ ( t 2 − t 1 )
∫t 1
a(t)dt ⎥
⎥⎦
must be designed for the load devel-
oped by a fully immersed float unless it
can be shown that full immersion is
Where: a(t) is the resultant acceleration at unlikely. If full immersion is unlikely,
the center of gravity of the head form ex-
pressed as a multiple of g (the accelera-
the highest likely float buoyancy load
tion of gravity) and t2 ¥ t1 is the time must be applied. The highest likely
duration, in seconds, of major head im- buoyancy load must include consider-
pact, not to exceed 0.05 seconds. ation of a partially immersed float cre-
ating restoring moments to com-
(6) Loads in individual upper torso
pensate the upsetting moments caused
harness straps must not exceed 1,750
by side wind, unsymmetrical rotorcraft
pounds. If dual straps are used for re-
loading, water wave action, rotorcraft
taining the upper torso, the total har-
inertia, and probable structural dam-
ness strap loads must not exceed 2,000
age and leakage considered under
pounds.
§ 27.801(d). Maximum roll and pitch an-
(7) The maximum compressive load
gles determined from compliance with
measured between the pelvis and the
§ 27.801(d) may be used, if significant, to
lumbar column of the ATD must not
determine the extent of immersion of
exceed 1,500 pounds.
each float. If the floats are deployed in
(d) An alternate approach that
flight, appropriate air loads derived
achieves an equivalent or greater level
from the flight limitations with the
of occupant protection, as required by
floats deployed shall be used in sub-
this section, must be substantiated on
stantiation of the floats and their at-
a rational basis.
tachment to the rotorcraft. For this
[Amdt. 27–25, 54 FR 47318, Nov. 13, 1989] purpose, the design airspeed for limit
load is the float deployed airspeed op-
§ 27.563 Structural ditching provi- erating limit multiplied by 1.11.
sions. (2) Floats deployed after initial water
lhorne on DSKJLZT7X2PROD with CFR

If certification with ditching provi- contact. Each float must be designed for
sions is requested, structural strength full or partial immersion perscribed in

506
EC28SE91.084</MATH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00516 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.573

paragraph (b)(1) of this section. In addi- tremely remote within a replacement


tion, each float must be designed for time furnished under section A27.4 of
combined vertical and drag loads using appendix A.
a relative limit speed of 20 knots be- (d) Fail-safe evaluation. The following
tween the rotorcraft and the water. apply to fail-safe evaluation:
The vertical load may not be less than (1) It must be shown that all partial
the highest likely buoyancy load deter- failures will become readily detectable
mined under paragraph (b)(1) of this under inspection procedures furnished
section. under section A27.4 of appendix A.
[Amdt. 27–26, 55 FR 8000, Mar. 6, 1990] (2) The interval between the time
when any partial failure becomes read-
FATIGUE EVALUATION ily detectable under paragraph (d)(1) of
this section, and the time when any
§ 27.571 Fatigue evaluation of flight such failure is expected to reduce the
structure.
remaining strength of the structure to
(a) General. Each portion of the flight limit or maximum attainable loads
structure (the flight structure includes (whichever is less), must be deter-
rotors, rotor drive systems between the mined.
engines and the rotor hubs, controls, (3) It must be shown that the interval
fuselage, landing gear, and their re- determined under paragraph (d)(2) of
lated primary attachments), the failure this section is long enough, in relation
of which could be catastrophic, must be to the inspection intervals and related
identified and must be evaluated under procedures furnished under section
paragraph (b), (c), (d), or (e) of this sec- A27.4 of appendix A, to provide a prob-
tion. The following apply to each fa- ability of detection great enough to en-
tigue evaluation: sure that the probability of cata-
(1) The procedure for the evaluation strophic failure is extremely remote.
must be approved. (e) Combination of replacement time
(2) The locations of probable failure and failsafe evaluations. A component
must be determined. may be evaluated under a combination
(3) Inflight measurement must be in-
of paragraphs (c) and (d) of this sec-
cluded in determining the following:
tion. For such component it must be
(i) Loads or stresses in all critical
shown that the probability of cata-
conditions throughout the range of
strophic failure is extremely remote
limitations in § 27.309, except that ma-
with an approved combination of re-
neuvering load factors need not exceed
placement time, inspection intervals,
the maximum values expected in oper-
and related procedures furnished under
ation.
section A27.4 of appendix A.
(ii) The effect of altitude upon these
loads or stresses. (Secs. 313(a), 601, 603, 604, and 605, 72 Stat. 752,
(4) The loading spectra must be as se- 775, and 778, (49 U.S.C. 1354(a), 1421, 1423, 1424,
vere as those expected in operation in- and 1425; sec. 6(c), 49 U.S.C. 1655(c)))
cluding, but not limited to, external [Amdt. 27–3, 33 FR 14106, Sept. 18, 1968, as
cargo operations, if applicable, and amended by Amdt. 27–12, 42 FR 15044, Mar. 17,
ground-air-ground cycles. The loading 1977; Amdt. 27–18, 45 FR 60177, Sept. 11, 1980;
spectra must be based on loads or Amdt. 27–26, 55 FR 8000, Mar. 6, 1990]
stresses determined under paragraph
(a)(3) of this section. § 27.573 Damage Tolerance and Fa-
(b) Fatigue tolerance evaluation. It tigue Evaluation of Composite
must be shown that the fatigue toler- Rotorcraft Structures.
ance of the structure ensures that the (a) Each applicant must evaluate the
probability of catastrophic fatigue fail- composite rotorcraft structure under
ure is extremely remote without estab- the damage tolerance standards of
lishing replacement times, inspection paragraph (d) of this section unless the
intervals or other procedures under applicant establishes that a damage
section A27.4 of appendix A. tolerance evaluation is impractical
(c) Replacement time evaluation. it within the limits of geometry,
lhorne on DSKJLZT7X2PROD with CFR

must be shown that the probability of inspectability, and good design prac-
catastrophic fatigue failure is ex- tice. If an applicant establishes that it

507

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00517 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.573 14 CFR Ch. I (1–1–22 Edition)

is impractical within the limits of ge- conditions throughout the range of


ometry, inspectability, and good design limits in § 27.309 (including altitude ef-
practice, the applicant must do a fa- fects), except that maneuvering load
tigue evaluation in accordance with factors need not exceed the maximum
paragraph (e) of this section. values expected in service;
(b) The methodology used to estab- (iii) The loading spectra as severe as
lish compliance with this section must those expected in service based on
be submitted to and approved by the loads or stresses determined under
Administrator. paragraph (d)(1)(ii) of this section, in-
(c) Definitions: cluding external load operations, if ap-
(1) Catastrophic failure is an event plicable, and other operations includ-
that could prevent continued safe ing high-torque events;
flight and landing. (iv) A threat assessment for all PSEs
(2) Principal Structural Elements (PSEs) that specifies the locations, types, and
are structural elements that con- sizes of damage, considering fatigue,
tribute significantly to the carrying of environmental effects, intrinsic and
flight or ground loads, the failure of discrete flaws, and impact or other ac-
which could result in catastrophic fail- cidental damage (including the discrete
ure of the rotorcraft. source of the accidental damage) that
(3) Threat Assessment is an assessment may occur during manufacture or oper-
that specifies the locations, types, and ation; and
sizes of damage, considering fatigue, (v) An assessment of the residual
environmental effects, intrinsic and strength and fatigue characteristics of
discrete flaws, and impact or other ac- all PSEs that supports the replacement
cidental damage (including the discrete times and inspection intervals estab-
source of the accidental damage) that lished under paragraph (d)(2) of this
may occur during manufacture or oper- section.
ation. (2) Each applicant must establish re-
(d) Damage Tolerance Evaluation: placement times, inspections, or other
(1) Each applicant must show that procedures for all PSEs to require the
catastrophic failure due to static and repair or replacement of damaged parts
fatigue loads, considering the intrinsic before a catastrophic failure. These re-
or discrete manufacturing defects or placement times, inspections, or other
accidental damage, is avoided through- procedures must be included in the Air-
out the operational life or prescribed worthiness Limitations Section of the
inspection intervals of the rotorcraft Instructions for Continued Airworthi-
by performing damage tolerance eval- ness required by § 27.1529.
uations of the strength of composite (i) Replacement times for PSEs must
PSEs and other parts, detail design be determined by tests, or by analysis
points, and fabrication techniques. supported by tests, and must show that
Each applicant must account for the the structure is able to withstand the
effects of material and process varia- repeated loads of variable magnitude
bility along with environmental condi- expected in-service. In establishing
tions in the strength and fatigue eval- these replacement times, the following
uations. Each applicant must evaluate items must be considered:
parts that include PSEs of the air- (A) Damage identified in the threat
frame, main and tail rotor drive sys- assessment required by paragraph
tems, main and tail rotor blades and (d)(1)(iv) of this section;
hubs, rotor controls, fixed and movable (B) Maximum acceptable manufac-
control surfaces, engine and trans- turing defects and in-service damage
mission mountings, landing gear, other (i.e., those that do not lower the resid-
parts, detail design points, and fabrica- ual strength below ultimate design
tion techniques deemed critical by the loads and those that can be repaired to
FAA. Each damage tolerance evalua- restore ultimate strength); and
tion must include: (C) Ultimate load strength capability
(i) The identification of all PSEs; after applying repeated loads.
(ii) In-flight and ground measure- (ii) Inspection intervals for PSEs
lhorne on DSKJLZT7X2PROD with CFR

ments for determining the loads or must be established to reveal any dam-
stresses for all PSEs for all critical age identified in the threat assessment

508

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00518 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.603

required by paragraph (d)(1)(iv) of this Subpart D—Design and


section that may occur from fatigue or Construction
other in-service causes before such
damage has grown to the extent that GENERAL
the component cannot sustain the re-
quired residual strength capability. In § 27.601 Design.
establishing these inspection intervals,
(a) The rotorcraft may have no de-
the following items must be consid-
sign features or details that experience
ered:
has shown to be hazardous or unreli-
(A) The growth rate, including no-
able.
growth, of the damage under the re-
peated loads expected in-service deter- (b) The suitability of each question-
mined by tests or analysis supported able design detail and part must be es-
by tests; tablished by tests.
(B) The required residual strength for
§ 27.602 Critical parts.
the assumed damage established after
considering the damage type, inspec- (a) Critical part. A critical part is a
tion interval, detectability of damage, part, the failure of which could have a
and the techniques adopted for damage catastrophic effect upon the rotocraft,
detection. The minimum required re- and for which critical characteristics
sidual strength is limit load; and have been identified which must be
(C) Whether the inspection will de- controlled to ensure the required level
tect the damage growth before the of integrity.
minimum residual strength is reached (b) If the type design includes crtical
and restored to ultimate load capa- parts, a critical parts list shall be es-
bility, or whether the component will tablished. Procedures shall be estab-
require replacement. lished to define the critical design
(3) Each applicant must consider the characteristics, identify processes that
effects of damage on stiffness, dynamic affect those characteristics, and iden-
behavior, loads, and functional per- tify the design change and process
formance on all PSEs when substan- change controls necessary for showing
tiating the maximum assumed damage compliance with the quality assurance
size and inspection interval. requirements of part 21 of this chapter.
(e) Fatigue Evaluation: If an appli-
[Doc. No. 29311, 64 FR 46232, Aug. 24, 1999]
cant establishes that the damage toler-
ance evaluation described in paragraph § 27.603 Materials.
(d) of this section is impractical within
the limits of geometry, inspectability, The suitability and durability of ma-
or good design practice, the applicant terials used for parts, the failure of
must do a fatigue evaluation of the which could adversely affect safety,
particular composite rotorcraft struc- must—
ture and: (a) Be established on the basis of ex-
(1) Identify all PSEs considered in perience or tests;
the fatigue evaluation; (b) Meet approved specifications that
(2) Identify the types of damage for ensure their having the strength and
all PSEs considered in the fatigue eval- other properties assumed in the design
uation; data; and
(3) Establish supplemental proce- (c) Take into account the effects of
dures to minimize the risk of cata- environmental conditions, such as tem-
strophic failure associated with the perature and humidity, expected in
damages identified in paragraph (d) of service.
this section; and
(Secs. 313(a), 601, 603, 604, Federal Aviation
(4) Include these supplemental proce- Act of 1958 (49 U.S.C. 1354(a), 1421, 1423, 1424);
dures in the Airworthiness Limitations and sec. 6(c) of the Dept. of Transportation
section of the Instructions for Contin- Act (49 U.S.C. 1655(c)))
ued Airworthiness required by § 27.1529.
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
lhorne on DSKJLZT7X2PROD with CFR

[Doc. No. FAA–2009–0660, Amdt. 27–47, 76 FR amended by Amdt. 27–11, 41 FR 55469, Dec. 20,
74663, Dec. 1, 2011] 1976; Amdt. 27–16, 43 FR 50599, Oct. 30, 1978]

509

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00519 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.605 14 CFR Ch. I (1–1–22 Edition)

§ 27.605 Fabrication methods. (1) Electrically bonding the compo-


(a) The methods of fabrication used nents properly to the airframe; or
(2) Designing the components so that
must produce consistently sound struc-
a strike will not endanger the rotor-
tures. If a fabrication process (such as
craft.
gluing, spot welding, or heat-treating)
(c) For nonmetallic components,
requires close control to reach this ob-
compliance with paragraph (a) of this
jective, the process must be performed
section may be shown by—
according to an approved process speci-
(1) Designing the components to min-
fication.
imize the effect of a strike; or
(b) Each new aircraft fabrication
(2) Incorporating acceptable means of
method must be substantiated by a
diverting the resulting electrical cur-
test program.
rent so as not to endanger the rotor-
(Secs. 313(a), 601, 603, 604, and 605 of the Fed- craft.
eral Aviation Act of 1958 (49 U.S.C. 1354(a), (d) The electrical bonding and protec-
1421, 1423, 1424 and 1425); sec. 6(c) of the Dept. tion against lightning and static elec-
of Transportation Act (49 U.S.C. 1655(c)))
tricity must—
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as (1) Minimize the accumulation of
amended by Amdt. 27–16, 43 FR 50599, Oct. 30, electrostatic charge;
1978] (2) Minimize the risk of electric
shock to crew, passengers, and service
§ 27.607 Fasteners.
and maintenance personnel using nor-
(a) Each removable bolt, screw, nut, mal precautions;
pin, or other fastener whose loss could (3) Provide an electrical return path,
jeopardize the safe operation of the under both normal and fault condi-
rotorcraft must incorporate two sepa- tions, on rotorcraft having grounded
rate locking devices. The fastener and electrical systems; and
its locking devices may not be ad- (4) Reduce to an acceptable level the
versely affected by the environmental effects of static electricity on the func-
conditions associated with the par- tioning of essential electrical and elec-
ticular installation. tronic equipment.
(b) No self-locking nut may be used
[Amdt. 27–21, 49 FR 44433, Nov. 6, 1984, as
on any bolt subject to rotation in oper-
amended by Amdt. 27–37, 64 FR 45094, Aug. 18,
ation unless a nonfriction locking de- 1999; Amdt. 27–46, 76 FR 33135, June 8, 2011]
vice is used in addition to the self-lock-
ing device. § 27.611 Inspection provisions.
[Amdt. 27–4, 33 FR 14533, Sept. 27, 1968] There must be means to allow the
close examination of each part that re-
§ 27.609 Protection of structure. quires—
Each part of the structure must— (a) Recurring inspection;
(a) Be suitably protected against de- (b) Adjustment for proper alignment
terioration or loss of strength in serv- and functioning; or
ice due to any cause, including— (c) Lubrication.
(1) Weathering;
(2) Corrosion; and § 27.613 Material strength properties
(3) Abrasion; and and design values.
(b) Have provisions for ventilation (a) Material strength properties must
and drainage where necessary to pre- be based on enough tests of material
vent the accumulation of corrosive, meeting specifications to establish de-
flammable, or noxious fluids. sign values on a statistical basis.
(b) Design values must be chosen to
§ 27.610 Lightning and static elec- minimize the probability of structural
tricity protection. failure due to material variability. Ex-
(a) The rotorcraft must be protected cept as provided in paragraphs (d) and
against catastrophic effects from light- (e) of this section, compliance with
ning. this paragraph must be shown by se-
(b) For metallic components, compli- lecting design values that assure mate-
lhorne on DSKJLZT7X2PROD with CFR

ance with paragraph (a) of this section rial strength with the following prob-
may be shown by— ability—

510

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00520 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.621

(1) Where applied loads are eventu- (i) Uncertainties in manufacturing


ally distributed through a single mem- processes; or
ber within an assembly, the failure of (ii) Uncertainties in inspection meth-
which would result in loss of structural ods.
integrity of the component, 99 percent (b) For each part to which §§ 27.621
probability with 95 percent confidence; through 27.625 apply, the factor of safe-
and ty prescribed in § 27.303 must be multi-
(2) For redundant structure, those in plied by a special factor equal to—
which the failure of individual ele- (1) The applicable special factors pre-
ments would result in applied loads scribed in §§ 27.621 through 27.625; or
being safely distributed to other load-
(2) Any other factor great enough to
carrying members, 90 percent prob-
ensure that the probability of the part
ability with 95 percent confidence.
(c) The strength, detail design, and being understrength because of the un-
fabrication of the structure must mini- certainties specified in paragraph (a) of
mize the probability of disastrous fa- this section is extremely remote.
tigue failure, particularly at points of
§ 27.621 Casting factors.
stress concentration.
(d) Design values may be those con- (a) General. The factors, tests, and in-
tained in the following publications spections specified in paragraphs (b)
(available from the Naval Publications and (c) of this section must be applied
and Forms Center, 5801 Tabor Avenue, in addition to those necessary to estab-
Philadelphia, Pennsylvania 19120) or lish foundry quality control. The in-
other values approved by the Adminis- spections must meet approved speci-
trator: fications. Paragraphs (c) and (d) of this
(1) MIL-HDBK-5, ‘‘Metallic Materials section apply to structural castings ex-
and Elements for Flight Vehicle Struc- cept castings that are pressure tested
ture’’. as parts of hydraulic or other fluid sys-
(2) MIL-HDBK-17, ‘‘Plastics for tems and do not support structural
Flight Vehicles’’. loads.
(3) ANC-18, ‘‘Design of Wood Aircraft (b) Bearing stresses and surfaces. The
Structures’’. casting factors specified in paragraphs
(4) MIL-HDBK-23, ‘‘Composite Con- (c) and (d) of this section—
struction for Flight Vehicles’’. (1) Need not exceed 1.25 with respect
(e) Other design values may be used if
to bearing stresses regardless of the
a selection of the material is made in
method of inspection used; and
which a specimen of each individual
(2) Need not be used with respect to
item is tested before use and it is de-
termined that the actual strength the bearing surfaces of a part whose
properties of that particular item will bearing factor is larger than the appli-
equal or exceed those used in design. cable casting factor.
(c) Critical castings. For each casting
(Secs. 313(a), 601, 603, 604, Federal Aviation whose failure would preclude continued
Act of 1958 (49 U.S.C. 1354(a), 1421, 1423, 1424), safe flight and landing of the rotorcraft
sec. 6(c), Dept. of Transportation Act (49
U.S.C. 1655(c))) or result in serious injury to any occu-
pant, the following apply:
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
(1) Each critical casting must—
amended by Amdt. 27–16, 43 FR 50599, Oct. 30,
1978; Amdt. 27–26, 55 FR 8000, Mar. 6, 1990] (i) Have a casting factor of not less
than 1.25; and
§ 27.619 Special factors. (ii) Receive 100 percent inspection by
(a) The special factors prescribed in visual, radiographic, and magnetic par-
§§ 27.621 through 27.625 apply to each ticle (for ferromagnetic materials) or
part of the structure whose strength penetrant (for nonferromagnetic mate-
is— rials) inspection methods or approved
(1) Uncertain; equivalent inspection methods.
(2) Likely to deteriorate in service (2) For each critical casting with a
before normal replacement; or casting factor less than 1.50, three sam-
lhorne on DSKJLZT7X2PROD with CFR

(3) Subject to appreciable variability ple castings must be static tested and
due to— shown to meet—

511

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00521 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.623 14 CFR Ch. I (1–1–22 Edition)

(i) The strength requirements of for the effects of normal relative mo-
§ 27.305 at an ultimate load cor- tion.
responding to a casting factor of 1.25; (b) No bearing factor need be used on
and a part for which any larger special fac-
(ii) The deformation requirements of tor is prescribed.
§ 27.305 at a load of 1.15 times the limit
load. § 27.625 Fitting factors.
(d) Noncritical castings. For each cast- For each fitting (part or terminal
ing other than those specified in para- used to join one structural member to
graph (c) of this section, the following another) the following apply:
apply: (a) For each fitting whose strength is
(1) Except as provided in paragraphs not proven by limit and ultimate load
(d)(2) and (3) of this section, the casting tests in which actual stress conditions
factors and corresponding inspections are simulated in the fitting and sur-
must meet the following table: rounding structures, a fitting factor of
at least 1.15 must be applied to each
Casting factor Inspection part of—
(1) The fitting;
2.0 or greater ............... 100 percent visual.
Less than 2.0, greater 100 percent visual, and magnetic
(2) The means of attachment; and
than 1.5. particle (ferromagnetic materials), (3) The bearing on the joined mem-
penetrant (nonferromagnetic ma- bers.
terials), or approved equivalent (b) No fitting factor need be used—
inspection methods.
1.25 through 1.50 ........ 100 percent visual, and magnetic
(1) For joints made under approved
particle (ferromagnetic materials). practices and based on comprehensive
penetrant (nonferromagnetic ma- test data (such as continuous joints in
terials), and radiographic or ap- metal plating, welded joints, and scarf
proved equivalent inspection
methods. joints in wood); and
(2) With respect to any bearing sur-
(2) The percentage of castings in- face for which a larger special factor is
spected by nonvisual methods may be used.
reduced below that specified in para- (c) For each integral fitting, the part
graph (d)(1) of this section when an ap- must be treated as a fitting up to the
proved quality control procedure is es- point at which the section properties
tablished. become typical of the member.
(3) For castings procured to a speci- (d) Each seat, berth, litter, safety
fication that guarantees the mechan- belt, and harness attachment to the
ical properties of the material in the structure must be shown by analysis,
casting and provides for demonstration tests, or both, to be able to withstand
of these properties by test of coupons the inertia forces prescribed in
cut from the castings on a sampling § 27.561(b)(3) multiplied by a fitting fac-
basis— tor of 1.33.
(i) A casting factor of 1.0 may be [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
used; and amended by Amdt. 27–35, 63 FR 43285, Aug. 12,
(ii) The castings must be inspected as 1998]
provided in paragraph (d)(1) of this sec- § 27.629 Flutter.
tion for casting factors of ‘‘1.25 through
1.50’’ and tested under paragraph (c)(2) Each aerodynamic surface of the
of this section. rotorcraft must be free from flutter
under each appropriate speed and
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as power condition.
amended by Amdt. 27–34, 62 FR 46173, Aug. 29,
1997] [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
amended by Amdt. 27–26, 55 FR 8000, Mar. 6,
§ 27.623 Bearing factors. 1990]

(a) Except as provided in paragraph ROTORS


(b) of this section, each part that has
clearance (free fit), and that is subject § 27.653 Pressure venting and drain-
lhorne on DSKJLZT7X2PROD with CFR

to pounding or vibration, must have a age of rotor blades.


bearing factor large enough to provide (a) For each rotor blade—

512

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00522 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.672

(1) There must be means for venting ness, and positiveness appropriate to
the internal pressure of the blade; its function.
(2) Drainage holes must be provided (b) Each element of each flight con-
for the blade; and trol system must be designed, or dis-
(3) The blade must be designed to pre- tinctively and permanently marked, to
vent water from becoming trapped in minimize the probability of any incor-
it. rect assembly that could result in the
(b) Paragraphs (a)(1) and (2) of this malfunction of the system.
section does not apply to sealed rotor
blades capable of withstanding the § 27.672 Stability augmentation, auto-
matic, and power-operated systems.
maximum pressure differentials ex-
pected in service. If the functioning of stability aug-
mentation or other automatic or
[Amdt. 27–2, 33 FR 963, Jan. 26, 1968] power-operated systems is necessary to
show compliance with the flight char-
§ 27.659 Mass balance.
acteristics requirements of this part,
(a) The rotors and blades must be such systems must comply with § 27.671
mass balanced as necessary to— of this part and the following:
(1) Prevent excessive vibration; and (a) A warning which is clearly distin-
(2) Prevent flutter at any speed up to guishable to the pilot under expected
the maximum forward speed. flight conditions without requiring the
(b) The structural integrity of the pilot’s attention must be provided for
mass balance installation must be sub- any failure in the stability augmenta-
stantiated. tion system or in any other automatic
[Amdt. 27–2, 33 FR 963, Jan. 26, 1968]
or power-operated system which could
result in an unsafe condition if the
§ 27.661 Rotor blade clearance. pilot is unaware of the failure. Warning
systems must not activate the control
There must be enough clearance be-
systems.
tween the rotor blades and other parts (b) The design of the stability aug-
of the structure to prevent the blades mentation system or of any other auto-
from striking any part of the structure matic or power-operated system must
during any operating condition. allow initial counteraction of failures
[Amdt. 27–2, 33 FR 963, Jan. 26, 1968] without requiring exceptional pilot
skill or strength by overriding the fail-
§ 27.663 Ground resonance prevention ure by movement of the flight controls
means. in the normal sense and deactivating
(a) The reliability of the means for the failed system.
preventing ground resonance must be (c) It must be shown that after any
shown either by analysis and tests, or single failure of the stability aug-
reliable service experience, or by show- mentation system or any other auto-
ing through analysis or tests that mal- matic or power-operated system—
function or failure of a single means (1) The rotorcraft is safely control-
will not cause ground resonance. lable when the failure or malfunction
(b) The probable range of variations, occurs at any speed or altitude within
during service, of the damping action the approved operating limitations;
of the ground resonance prevention (2) The controllability and maneuver-
means must be established and must be ability requirements of this part are
investigated during the test required met within a practical operational
by § 27.241. flight envelope (for example, speed, al-
titude, normal acceleration, and rotor-
[Amdt. 27–2, 33 FR 963, Jan. 26, 1968, as
craft configurations) which is described
amended by Amdt. 27–26, 55 FR 8000, Mar. 6,
1990] in the Rotorcraft Flight Manual; and
(3) The trim and stability character-
CONTROL SYSTEMS istics are not impaired below a level
needed to permit continued safe flight
§ 27.671 General. and landing.
lhorne on DSKJLZT7X2PROD with CFR

(a) Each control and control system [Amdt. 27–21, 49 FR 44433, Nov. 6, 1984; 49 FR
must operate with the ease, smooth- 47594, Dec. 6, 1984]

513

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00523 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.673 14 CFR Ch. I (1–1–22 Edition)

§ 27.673 Primary flight control. § 27.681 Limit load static tests.


Primary flight controls are those (a) Compliance with the limit load
used by the pilot for immediate control requirements of this part must be
of pitch, roll, yaw, and vertical motion shown by tests in which—
of the rotorcraft. (1) The direction of the test loads
produces the most severe loading in the
[Amdt. 27–21, 49 FR 44434, Nov. 6, 1984] control system; and
(2) Each fitting, pulley, and bracket
§ 27.674 Interconnected controls. used in attaching the system to the
Each primary flight control system main structure is included.
must provide for safe flight and landing (b) Compliance must be shown (by
and operate independently after a mal- analyses or individual load tests) with
function, failure, or jam of any auxil- the special factor requirements for
iary interconnected control. control system joints subject to angu-
lar motion.
[Amdt. 27–26, 55 FR 8001, Mar. 6, 1990]
§ 27.683 Operation tests.
§ 27.675 Stops.
It must be shown by operation tests
(a) Each control system must have that, when the controls are operated
stops that positively limit the range of from the pilot compartment with the
motion of the pilot’s controls. control system loaded to correspond
(b) Each stop must be located in the with loads specified for the system, the
system so that the range of travel of system is free from—
its control is not appreciably affected (a) Jamming;
by— (b) Excessive friction; and
(1) Wear; (c) Excessive deflection.
(2) Slackness; or § 27.685 Control system details.
(3) Takeup adjustments.
(a) Each detail of each control sys-
(c) Each stop must be able to with-
tem must be designed to prevent jam-
stand the loads corresponding to the
ming, chafing, and interference from
design conditions for the system. cargo, passengers, loose objects or the
(d) For each main rotor blade— freezing of moisture.
(1) Stops that are appropriate to the (b) There must be means in the cock-
blade design must be provided to limit pit to prevent the entry of foreign ob-
travel of the blade about its hinge jects into places where they would jam
points; and the system.
(2) There must be means to keep the (c) There must be means to prevent
blade from hitting the droop stops dur- the slapping of cables or tubes against
ing any operation other than starting other parts.
and stopping the rotor. (d) Cable systems must be designed
as follows:
(Secs. 313(a), 601, 603, 604, Federal Aviation
(1) Cables, cable fittings, turn-
Act of 1958 (49 U.S.C. 1354(a), 1421, 1423, 1424),
sec. 6(c), Dept. of Transportation Act (49 buckles, splices, and pulleys must be of
U.S.C. 1655(c))) an acceptable kind.
(2) The design of the cable systems
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as must prevent any hazardous change in
amended by Amdt. 27–16, 43 FR 50599, Oct. 30,
cable tension throughout the range of
1978]
travel under any operating conditions
§ 27.679 Control system locks. and temperature variations.
(3) No cable smaller than three thir-
If there is a device to lock the con- ty-seconds of an inch diameter may be
trol system with the rotorcraft on the used in any primary control system.
ground or water, there must be means (4) Pulley kinds and sizes must cor-
to— respond to the cables with which they
(a) Give unmistakable warning to the are used. The pulley cable combina-
pilot when the lock is engaged; and tions and strength values which must
lhorne on DSKJLZT7X2PROD with CFR

(b) Prevent the lock from engaging in be used are specified in Military Hand-
flight. book MIL-HDBK-5C, Vol. 1 & Vol. 2,

514

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00524 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.725

Metallic Materials and Elements for other unsafe characteristics must be


Flight Vehicle Structures, (Sept. 15, reliable.
1976, as amended through December 15, (b) Compliance with paragraph (a) of
1978). This incorporation by reference this section must be shown by tests
was approved by the Director of the simulating service conditions.
Federal Register in accordance with 5
U.S.C. section 552(a) and 1 CFR part 51. § 27.691 Autorotation control mecha-
Copies may be obtained from the Naval nism.
Publications and Forms Center, 5801 Each main rotor blade pitch control
Tabor Avenue, Philadelphia, Pennsyl- mechanism must allow rapid entry into
vania, 19120. Copies may be inspected autorotation after power failure.
at the National Archives and Records
Administration (NARA). For informa- § 27.695 Power boost and power-oper-
tion on the availability of this mate- ated control system.
rial at NARA, call 202–741–6030, or go (a) If a power boost or power-oper-
to: http://www.archives.gov/federal-reg- ated control system is used, an alter-
ister/cfr/ibr-locations.html nate system must be immediately
(5) Pulleys must have close fitting available that allows continued safe
guards to prevent the cables from being flight and landing in the event of—
displaced or fouled. (1) Any single failure in the power
(6) Pulleys must lie close enough to portion of the system; or
the plane passing through the cable to (2) The failure of all engines.
prevent the cable from rubbing against (b) Each alternate system may be a
the pulley flange. duplicate power portion or a manually
(7) No fairlead may cause a change in operated mechanical system. The
cable direction of more than 3°. power portion includes the power
(8) No clevis pin subject to load or source (such as hydraulic pumps), and
motion and retained only by cotter such items as valves, lines, and actu-
pins may be used in the control sys- ators.
tem. (c) The failure of mechanical parts
(9) Turnbuckles attached to parts (such as piston rods and links), and the
having angular motion must be in- jamming of power cylinders, must be
stalled to prevent binding throughout considered unless they are extremely
the range of travel. improbable.
(10) There must be means for visual
inspection at each fairlead, pulley, ter- LANDING GEAR
minal, and turnbuckle.
(e) Control system joints subject to § 27.723 Shock absorption tests.
angular motion must incorporate the The landing inertia load factor and
following special factors with respect the reserve energy absorption capacity
to the ultimate bearing strength of the of the landing gear must be substan-
softest material used as a bearing: tiated by the tests prescribed in
(1) 3.33 for push-pull systems other §§ 27.725 and 27.727, respectively. These
than ball and roller bearing systems. tests must be conducted on the com-
(2) 2.0 for cable systems. plete rotorcraft or on units consisting
(f) For control system joints, the of wheel, tire, and shock absorber in
manufacturer’s static, non-Brinell rat- their proper relation.
ing of ball and roller bearings must not
be exceeded. § 27.725 Limit drop test.
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as The limit drop test must be con-
amended by Amdt. 27–11, 41 FR 55469, Dec. 20, ducted as follows:
1976; Amdt. 27–26, 55 FR 8001, Mar. 6, 1990; 69 (a) The drop height must be—
FR 18803, Apr. 9, 2004; Doc. No. FAA–2018– (1) 13 inches from the lowest point of
0119, Amdt. 27–49, 83 FR 9170, Mar. 5, 2018] the landing gear to the ground; or
(2) Any lesser height, not less than
§ 27.687 Spring devices. eight inches, resulting in a drop con-
lhorne on DSKJLZT7X2PROD with CFR

(a) Each control system spring device tact velocity equal to the greatest
whose failure could cause flutter or probable sinking speed likely to occur

515

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00525 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.727 14 CFR Ch. I (1–1–22 Edition)

at ground contact in normal power-off the acceleration dv/dt in g’s recorded in


landings. the drop test plus 1.0).
(b) If considered, the rotor lift speci-
fied in § 27.473(a) must be introduced § 27.727 Reserve energy absorption
drop test.
into the drop test by appropriate en-
ergy absorbing devices or by the use of The reserve energy absorption drop
an effective mass. test must be conducted as follows:
(c) Each landing gear unit must be (a) The drop height must be 1.5 times
tested in the attitude simulating the that specified in § 27.725(a).
landing condition that is most critical (b) Rotor lift, where considered in a
from the standpoint of the energy to be manner similar to that prescribed in
absorbed by it. § 27.725(b), may not exceed 1.5 times the
(d) When an effective mass is used in lift allowed under that paragraph.
showing compliance with paragraph (b) (c) The landing gear must withstand
of this section, the following formula this test without collapsing. Collapse
may be used instead of more rational of the landing gear occurs when a
computations: member of the nose, tail, or main gear
will not support the rotorcraft in the
h + (1 − L )d proper attitude or allows the rotorcraft
We = W × ; and structure, other than the landing gear
h+d and external accessories, to impact the
We landing surface.
n = nj +L [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
W
amended by Amdt. 27–26, 55 FR 8001, Mar. 6,
where:
1990]
We = the effective weight to be used in the
drop test (lbs.); § 27.729 Retracting mechanism.
W = WM for main gear units (lbs.), equal to
the static reaction on the particular unit For rotorcraft with retractable land-
with the rotorcraft in the most critical ing gear, the following apply:
attitude. A rational method may be used (a) Loads. The landing gear, retract-
in computing a main gear static reac- ing mechansim, wheel-well doors, and
tion, taking into consideration the mo- supporting structure must be designed
ment arm between the main wheel reac- for—
tion and the rotorcraft center of gravity.
W = WN for nose gear units (lbs.), equal to
(1) The loads occurring in any ma-
the vertical component of the static re- neuvering condition with the gear re-
action that would exist at the nose tracted;
wheel, assuming that the mass of the (2) The combined friction, inertia,
rotorcraft acts at the center of gravity and air loads occurring during retrac-
and exerts a force of 1.0g downward and tion and extension at any airspeed up
0.25g forward. to the design maximum landing gear
W = WT for tailwheel units (lbs.), equal to
whichever of the following is critical:
operating speed; and
(3) The flight loads, including those
(1) The static weight on the tailwheel with in yawed flight, occurring with the
the rotorcraft resting on all wheels; or
gear extended at any airspeed up to the
(2) The vertical component of the ground
reaction that would occur at the tailwheel, design maximum landing gear extended
assuming that the mass of the rotorcraft speed.
acts at the center of gravity and exerts a (b) Landing gear lock. A positive
force of lg downward with the rotorcraft in means must be provided to keep the
the maximum nose-up attitude considered in gear extended.
the nose-up landing conditions. (c) Emergency operation. When other
h = specified free drop height (inches). than manual power is used to operate
L = ration of assumed rotor lift to the rotor- the gear, emergency means must be
craft weight. provided for extending the gear in the
d = deflection under impact of the tire (at event of—
the proper inflation pressure) plus the
(1) Any reasonably probable failure in
vertical component of the axle travels
(inches) relative to the drop mass. the normal retraction system; or
(2) The failure of any single source of
lhorne on DSKJLZT7X2PROD with CFR

n = limit inertia load factor.


nj = the load factor developed, during impact, hydraulic, electric, or equivalent en-
on the mass used in the drop test (i.e., ergy.

516
EC28SE91.085</MATH>

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00526 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.753

(d) Operation tests. The proper func- the tire and any part of the structure
tioning of the retracting mechanism or systems.
must be shown by operation tests.
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
(e) Position indicator. There must be a amended by Amdt. 27–11, 41 FR 55469, Dec. 20,
means to indicate to the pilot when the 1976]
gear is secured in the extreme posi-
tions. § 27.735 Brakes.
(f) Control. The location and oper- For rotorcraft with wheel-type land-
ation of the retraction control must ing gear, a braking device must be in-
meet the requirements of §§ 27.777 and stalled that is—
27.779. (a) Controllable by the pilot;
(g) Landing gear warning. An aural or (b) Usable during power-off landings;
equally effective landing gear warning and
device must be provided that functions (c) Adequate to—
continuously when the rotorcraft is in (1) Counteract any normal unbal-
a normal landing mode and the landing anced torque when starting or stopping
gear is not fully extended and locked. the rotor; and
A manual shutoff capability must be (2) Hold the rotorcraft parked on a
provided for the warning device and the 10-degree slope on a dry, smooth pave-
warning system must automatically ment.
reset when the rotorcraft is no longer
in the landing mode. [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
amended by Amdt. 27–21, 49 FR 44434, Nov. 6,
[Amdt. 27–21, 49 FR 44434, Nov. 6, 1984] 1984]

§ 27.731 Wheels. § 27.737 Skis.


(a) Each landing gear wheel must be The maximum limit load rating of
approved. each ski must equal or exceed the max-
(b) The maximum static load rating imum limit load determined under the
of each wheel may not be less than the applicable ground load requirements of
corresponding static ground reaction this part.
with—
(1) Maximum weight; and FLOATS AND HULLS
(2) Critical center of gravity.
§ 27.751 Main float buoyancy.
(c) The maximum limit load rating of
each wheel must equal or exceed the (a) For main floats, the buoyancy
maximum radial limit load determined necessary to support the maximum
under the applicable ground load re- weight of the rotorcraft in fresh water
quirements of this part. must be exceeded by—
(1) 50 percent, for single floats; and
§ 27.733 Tires. (2) 60 percent, for multiple floats.
(a) Each landing gear wheel must (b) Each main float must have
have a tire— enough water-tight compartments so
(1) That is a proper fit on the rim of that, with any single main float com-
the wheel; and partment flooded, the main floats will
(2) Of the proper rating. provide a margin of positive stability
(b) The maximum static load rating great enough to minimize the prob-
of each tire must equal or exceed the ability of capsizing.
static ground reaction obtained at its [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
wheel, assuming— amended by Amdt. 27–2, 33 FR 963, Jan. 26,
(1) The design maximum weight; and 1968]
(2) The most unfavorable center of
gravity. § 27.753 Main float design.
(c) Each tire installed on a retract- (a) Bag floats. Each bag float must be
able landing gear system must, at the designed to withstand—
maximum size of the tire type expected (1) The maximum pressure differen-
in service, have a clearance to sur- tial that might be developed at the
lhorne on DSKJLZT7X2PROD with CFR

rounding structure and systems that is maximum altitude for which certifi-
adequate to prevent contact between cation with that float is requested; and

517

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00527 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.755 14 CFR Ch. I (1–1–22 Edition)

(2) The vertical loads prescribed in pilot’s outside field of view, such as a
§ 27.521(a), distributed along the length head up-display, head mounted display,
of the bag over three-quarters of its or other equivalent display, must meet
projected area. the following requirements:
(b) Rigid floats. Each rigid float must (1) While the vision system display is
be able to withstand the vertical, hori- in operation, it must compensate for
zontal, and side loads prescribed in interference with the pilot’s outside
§ 27.521. These loads may be distributed field of view such that the combination
along the length of the float. of what is visible in the display and
what remains visible through and
§ 27.755 Hulls. around it, allows the pilot compart-
For each rotorcraft, with a hull and ment to satisfy the requirements of
auxiliary floats, that is to be approved paragraphs (a)(1) and (b) of this sec-
for both taking off from and landing on tion.
water, the hull and auxiliary floats (2) The pilot’s view of the external
must have enough watertight compart- scene may not be distorted by the
ments so that, with any single com- transparent display surface or by the
partment flooded, the buoyancy of the vision system imagery. When the vi-
hull and auxiliary floats (and wheel sion system displays imagery or any
tires if used) provides a margin of posi- symbology that is referenced to the im-
tive stability great enough to minimize agery and outside scene topography,
the probability of capsizing. including attitude symbology, flight
path vector, and flight path angle ref-
PERSONNEL AND CARGO erence cue, that imagery and sym-
ACCOMMODATIONS bology must be aligned with, and
scaled to, the external scene.
§ 27.771 Pilot compartment. (3) The vision system must provide a
For each pilot compartment— means to allow the pilot using the dis-
(a) The compartment and its equip- play to immediately deactivate and re-
ment must allow each pilot to perform activate the vision system imagery, on
his duties without unreasonable con- demand, without removing the pilot’s
centration or fatigue; hands from the primary flight and
(b) If there is provision for a second power controls, or their equivalent.
pilot, the rotorcraft must be control- (4) When the vision system is not in
lable with equal safety from either operation it must permit the pilot
pilot seat; and compartment to satisfy the require-
(c) The vibration and noise charac- ments of paragraphs (a)(1) and (b) of
teristics of cockpit appurtenances may this section.
not interfere with safe operation. [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
amended by Docket FAA–2013–0485, Amdt. 27–
§ 27.773 Pilot compartment view. 48, 81 FR 90170, Dec. 13, 2016; Docket FAA–
2016–9275, Amdt. 27–50, 83 FR 9423, Mar. 6,
(a) Each pilot compartment must be
2018]
free from glare and reflections that
could interfere with the pilot’s view, § 27.775 Windshields and windows.
and designed so that—
Windshields and windows must be
(1) Each pilot’s view is sufficiently
made of material that will not break
extensive, clear, and undistorted for
into dangerous fragments.
safe operation; and
(2) Each pilot is protected from the [Amdt. 27–27, 55 FR 38966, Sept. 21, 1990]
elements so that moderate rain condi-
tions do not unduly impair his view of § 27.777 Cockpit controls.
the flight path in normal flight and Cockpit controls must be—
while landing. (a) Located to provide convenient op-
(b) If certification for night oper- eration and to prevent confusion and
ation is requested, compliance with inadvertent operation; and
paragraph (a) of this section must be (b) Located and arranged with re-
shown by ground or night flight tests. spect to the pilots’ seats so that there
lhorne on DSKJLZT7X2PROD with CFR

(c) A vision system with a trans- is full and unrestricted movement of


parent display surface located in the each control without interference from

518

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00528 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.785

the cockpit structure or the pilot’s § 27.561(b) and dynamic conditions spec-
clothing when pilots from 5′2″ to 6′0″ in ified in § 27.562.
height are seated. (b) Each occupant must be protected
from serious head injury by a safety
§ 27.779 Motion and effect of cockpit belt plus a shoulder harness that will
controls. prevent the head from contacting any
Cockpit controls must be designed so injurious object except as provided for
that they operate in accordance with in § 27.562(c)(5). A shoulder harness
the following movements and actu- (upper torso restraint), in combination
ation: with the safety belt, constitutes a
(a) Flight controls, including the col- torso restraint system as described in
lective pitch control, must operate TSO-C114.
with a sense of motion which cor- (c) Each occupant’s seat must have a
responds to the effect on the rotor- combined safety belt and shoulder har-
craft. ness with a single-point release. Each
(b) Twist-grip engine power controls pilot’s combined safety belt and shoul-
must be designed so that, for lefthand der harness must allow each pilot when
operation, the motion of the pilot’s seated with safety belt and shoulder
hand is clockwise to increase power harness fastened to perform all func-
when the hand is viewed from the edge tions necessary for flight operations.
containing the index finger. Other en- There must be a means to secure belts
gine power controls, excluding the col- and harnesses, when not in use, to pre-
lective control, must operate with a vent interference with the operation of
forward motion to increase power. the rotorcraft and with rapid egress in
(c) Normal landing gear controls an emergency.
must operate downward to extend the (d) If seat backs do not have a firm
landing gear. handhold, there must be hand grips or
rails along each aisle to enable the oc-
[Amdt. 27–21, 49 FR 44434, Nov. 6, 1984]
cupants to steady themselves while
§ 27.783 Doors. using the aisle in moderately rough
air.
(a) Each closed cabin must have at (e) Each projecting object that could
least one adequate and easily acces- injure persons seated or moving about
sible external door. in the rotorcraft in normal flight must
(b) Each external door must be lo- be padded.
cated where persons using it will not be (f) Each seat and its supporting
endangered by the rotors, propellers, structure must be designed for an occu-
engine intakes, and exhausts when ap- pant weight of at least 170 pounds con-
propriate operating procedures are sidering the maximum load factors, in-
used. If opening procedures are re- ertial forces, and reactions between oc-
quired, they must be marked inside, on cupant, seat, and safety belt or harness
or adjacent to the door opening device. corresponding with the applicable
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as flight and ground load conditions, in-
amended by Amdt. 27–26, 55 FR 8001, Mar. 6, cluding the emergency landing condi-
1990] tions of § 27.561(b). In addition—
(1) Each pilot seat must be designed
§ 27.785 Seats, berths, litters, safety for the reactions resulting from the ap-
belts, and harnesses. plication of the pilot forces prescribed
(a) Each seat, safety belt, harness, in § 27.397; and
and adjacent part of the rotorcraft at (2) The inertial forces prescribed in
each station designated for occupancy § 27.561(b) must be multiplied by a fac-
during takeoff and landing must be free tor of 1.33 in determining the strength
of potentially injurious objects, sharp of the attachment of—
edges, protuberances, and hard surfaces (i) Each seat to the structure; and
and must be designed so that a person (ii) Each safety belt or harness to the
making proper use of these facilities seat or structure.
will not suffer serious injury in an (g) When the safety belt and shoulder
lhorne on DSKJLZT7X2PROD with CFR

emergency landing as a result of the harness are combined, the rated


static inertial load factors specified in strength of the safety belt and shoulder

519

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00529 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.787 14 CFR Ch. I (1–1–22 Edition)

harness may not be less than that cor- pying it during emergency landing con-
responding to the inertial forces speci- ditions; and
fied in § 27.561(b), considering the occu- (2) The berth or litter attachment
pant weight of at least 170 pounds, con- and the occupant restraint system at-
sidering the dimensional characteris- tachments to the structure must be de-
tics of the restraint system installa- signed to withstand the critical loads
tion, and using a distribution of at resulting from flight and ground load
least a 60-percent load to the safety conditions and from the conditions pre-
belt and at least a 40-percent load to scribed in § 27.561(b). The fitting factor
the shoulder harness. If the safety belt required by § 27.625(d) shall be applied.
is capable of being used without the [Amdt. 27–21, 49 FR 44434, Nov. 6, 1984, as
shoulder harness, the inertial forces amended by Amdt. 27–25, 54 FR 47319, Nov. 13,
specified must be met by the safety 1989; Amdt. 27–35, 63 FR 43285, Aug. 12, 1998]
belt alone.
(h) When a headrest is used, the head- § 27.787 Cargo and baggage compart-
ments.
rest and its supporting structure must
be designed to resist the inertia forces (a) Each cargo and baggage compart-
specified in § 27.561, with a 1.33 fitting ment must be designed for its plac-
factor and a head weight of at least 13 arded maximum weight of contents and
pounds. for the critical load distributions at
(i) Each seating device system in- the appropriate maximum load factors
cludes the device such as the seat, the corresponding to the specified flight
and ground load conditions, except the
cushions, the occupant restraint sys-
emergency landing conditions of
tem, and attachment devices.
§ 27.561.
(j) Each seating device system may (b) There must be means to prevent
use design features such as crushing or the contents of any compartment from
separation of certain parts of the seats becoming a hazard by shifting under
to reduce occupant loads for the emer- the loads specified in paragraph (a) of
gency landing dynamic conditions of this section.
§ 27.562; otherwise, the system must re- (c) Under the emergency landing con-
main intact and must not interfere ditions of § 27.561, cargo and baggage
with rapid evacuation of the rotorcraft. compartments must—
(k) For the purposes of this section, a (1) Be positioned so that if the con-
litter is defined as a device designed to tents break loose they are unlikely to
carry a nonambulatory person, pri- cause injury to the occupants or re-
marily in a recumbent position, into strict any of the escape facilities pro-
and on the rotorcraft. Each berth or vided for use after an emergency land-
litter must be designed to withstand ing; or
the load reaction of an occupant (2) Have sufficient strength to with-
weight of at least 170 pounds when the stand the conditions specified in § 27.561
occupant is subjected to the forward including the means of restraint, and
inertial factors specified in § 27.561(b). their attachments, required by para-
A berth or litter installed within 15° or graph (b) of this section. Sufficient
less of the longitudinal axis of the strength must be provided for the max-
rotorcraft must be provided with a pad- imum authorized weight of cargo and
ded end-board, cloth diaphram, or baggage at the critical loading dis-
equivalent means that can withstand tribution.
the forward load reaction. A berth or (d) If cargo compartment lamps are
litter oriented greater than 15° with installed, each lamp must be installed
the longitudinal axis of the rotorcraft so as to prevent contact between lamp
must be equipped with appropriate re- bulb and cargo.
straints, such as straps or safety belts, [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
to withstand the forward load reaction. amended by Amdt. 27–11, 41 FR 55469, Dec. 20,
In addition— 1976; Amdt. 27–27, 55 FR 38966, Sept. 21, 1990]
(1) The berth or litter must have a re-
straint system and must not have cor- § 27.801 Ditching.
lhorne on DSKJLZT7X2PROD with CFR

ners or other protuberances likely to (a) If certification with ditching pro-


cause serious injury to a person occu- visions is requested, the rotorcraft

520

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00530 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.807

must meet the requirements of this of the flight crew. This must be shown
section and §§ 27.807(d), 27.1411 and by test.
27.1415. (c) Each flight crew emergency exit
(b) Each practicable design measure, must not be obstructed by water or flo-
compatible with the general character- tation devices after an emergency
istics of the rotorcraft, must be taken landing on water. This must be shown
to minimize the probability that in an by test, demonstration, or analysis.
emergency landing on water, the be-
havior of the rotorcraft would cause [Doc. No. 29247, 64 FR 45094, Aug. 18, 1999]
immediate injury to the occupants or
would make it impossible for them to § 27.807 Emergency exits.
escape. (a) Number and location. (1) There
(c) The probable behavior of the must be at least one emergency exit on
rotorcraft in a water landing must be each side of the cabin readily acces-
investigated by model tests or by com- sible to each passenger. One of these
parison with rotorcraft of similar con- exits must be usable in any probable
figuration for which the ditching char- attitude that may result from a crash;
acteristics are known. Scoops, flaps, (2) Doors intended for normal use
projections, and any other factor likely
may also serve as emergency exits, pro-
to affect the hydrodynamic character-
vided that they meet the requirements
istics of the rotorcraft must be consid-
of this section; and
ered.
(d) It must be shown that, under rea- (3) If emergency flotation devices are
sonably probable water conditions, the installed, there must be an emergency
flotation time and trim of the rotor- exit accessible to each passenger on
craft will allow the occupants to leave each side of the cabin that is shown by
the rotorcraft and enter the life rafts test, demonstration, or analysis to;
required by § 27.1415. If compliance with (i) Be above the waterline; and
this provision is shown by buoyancy (ii) Open without interference from
and trim computations, appropriate al- flotation devices, whether stowed or
lowances must be made for probable deployed.
structural damage and leakage. If the (b) Type and operation. Each emer-
rotorcraft has fuel tanks (with fuel jet- gency exit prescribed by paragraph (a)
tisoning provisions) that can reason- of this section must—
ably be expected to withstand a ditch- (1) Consist of a movable window or
ing without leakage, the jettisonable panel, or additional external door, pro-
volume of fuel may be considered as viding an unobstructed opening that
buoyancy volume. will admit a 19-by 26-inch ellipse;
(e) Unless the effects of the collapse (2) Have simple and obvious methods
of external doors and windows are ac- of opening, from the inside and from
counted for in the investigation of the the outside, which do not require ex-
probable behavior of the rotorcraft in a
ceptional effort;
water landing (as prescribed in para-
(3) Be arranged and marked so as to
graphs (c) and (d) of this section), the
external doors and windows must be be readily located and opened even in
designed to withstand the probable darkness; and
maximum local pressures. (4) Be reasonably protected from
jamming by fuselage deformation.
[Amdt. 27–11, 41 FR 55469, Dec. 20, 1976] (c) Tests. The proper functioning of
§ 27.805 Flight crew emergency exits. each emergency exit must be shown by
test.
(a) For rotorcraft with passenger (d) Ditching emergency exits for pas-
emergency exits that are not conven- sengers. If certification with ditching
ient to the flight crew, there must be provisions is requested, the markings
flight crew emergency exits, on both required by paragraph (b)(3) of this sec-
sides of the rotorcraft or as a top hatch tion must be designed to remain visible
in the flight crew area. if the rotorcraft is capsized and the
(b) Each flight crew emergency exit
lhorne on DSKJLZT7X2PROD with CFR

cabin is submerged.
must be of sufficient size and must be
located so as to allow rapid evacuation [Doc. No. 29247, 64 FR 45094, Aug. 18, 1999]

521

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00531 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.831 14 CFR Ch. I (1–1–22 Edition)

§ 27.831 Ventilation. (2) Fire resistant, in the case of other


(a) The ventilating system for the compartments.
pilot and passenger compartments (b) No compartment may contain any
must be designed to prevent the pres- controls, wiring, lines, equipment, or
ence of excessive quantities of fuel accessories whose damage or failure
fumes and carbon monoxide. would affect safe operation, unless
(b) The concentration of carbon mon- those items are protected so that—
oxide may not exceed one part in 20,000 (1) They cannot be damaged by the
parts of air during forward flight or movement of cargo in the compart-
hovering in still air. If the concentra- ment; and
tion exceeds this value under other (2) Their breakage or failure will not
conditions, there must be suitable op- create a fire hazard.
erating restrictions.
§ 27.859 Heating systems.
§ 27.833 Heaters. (a) General. For each heating system
Each combustion heater must be ap- that involves the passage of cabin air
proved. over, or close to, the exhaust manifold,
there must be means to prevent carbon
[Amdt. 27–23, 53 FR 34210, Sept. 2, 1988]
monoxide from entering any cabin or
FIRE PROTECTION pilot compartment.
(b) Heat exchangers. Each heat ex-
§ 27.853 Compartment interiors. changer must be—
For each compartment to be used by (1) Of suitable materials;
the crew or passengers— (2) Adequately cooled under all con-
(a) The materials must be at least ditions; and
flame-resistant; (3) Easily disassembled for inspec-
(b) [Reserved] tion.
(c) If smoking is to be prohibited, (c) Combustion heater fire protection.
there must be a placard so stating, and Except for heaters which incorporate
if smoking is to be allowed— designs to prevent hazards in the event
(1) There must be an adequate num- of fuel leakage in the heater fuel sys-
ber of self-contained, removable ash- tem, fire within the ventilating air pas-
trays; and sage, or any other heater malfunction,
(2) Where the crew compartment is each heater zone must incorporate the
separated from the passenger compart- fire protection features of the applica-
ment, there must be at least one illu- ble requirements of §§ 27.1183, 27.1185,
minated sign (using either letters or 27.1189, 27.1191, and be provided with—
symbols) notifying all passengers when (1) Approved, quick-acting fire detec-
smoking is prohibited. Signs which no- tors in numbers and locations ensuring
tify when smoking is prohibited must— prompt detection of fire in the heater
(i) When illuminated, be legible to region.
each passenger seated in the passenger (2) Fire extinguisher systems that
cabin under all probable lighting condi- provide at least one adequate discharge
tions; and to all areas of the heater region.
(ii) Be so constructed that the crew (3) Complete drainage of each part of
can turn the illumination on and off. each zone to minimize the hazards re-
[Amdt. 27–17, 45 FR 7755, Feb. 4, 1980, as sulting from failure or malfunction of
amended by Amdt. 27–37, 64 FR 45095, Aug. 18, any component containing flammable
1999] fluids. The drainage means must be—
(i) Effective under conditions ex-
§ 27.855 Cargo and baggage compart- pected to prevail when drainage is
ments. needed; and
(a) Each cargo and baggage compart- (ii) Arranged so that no discharged
ment must be constructed of, or lined fluid will cause an additional fire haz-
with, materials that are at least— ard.
(1) Flame resistant, in the case of (4) Ventilation, arranged so that no
lhorne on DSKJLZT7X2PROD with CFR

compartments that are readily acces- discharged vapors will cause an addi-
sible to a crewmember in flight; and tional fire hazard.

522

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00532 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.859

(d) Ventilating air ducts. Each ven- (iv) The ventilating airflow becomes
tilating air duct passing through any inadequate for safe operation.
heater region must be fireproof. (2) The means of complying with
(1) Unless isolation is provided by paragraph (g)(1) of this section for any
fireproof valves or by equally effective individual heater must—
means, the ventilating air duct down- (i) Be independent of components
stream of each heater must be fireproof serving any other heater, the heat out-
for a distance great enough to ensure put of which is essential for safe oper-
that any fire originating in the heater ation; and
can be contained in the duct. (ii) Keep the heater off until re-
(2) Each part of any ventilating duct started by the crew.
passing through any region having a (3) There must be means to warn the
flammable fluid system must be so crew when any heater, the heat output
constructed or isolated from that sys- of which is essential for safe operation,
tem that the malfunctioning of any has been shut off by the automatic
component of that system cannot in- means prescribed in paragraph (g)(1) of
troduce flammable fluids or vapors this section.
into the ventilating airstream. (h) Air intakes. Each combustion and
(e) Combustion air ducts. Each com- ventilating air intake must be located
bustion air duct must be fireproof for a so that no flammable fluids or vapors
distance great enough to prevent dam- can enter the heater system—
age from backfiring or reverse flame (1) During normal operation; or
propagation. (2) As a result of the malfunction of
any other component.
(1) No combustion air duct may con-
(i) Heater exhaust. Each heater ex-
nect with the ventilating airstream un-
haust system must meet the require-
less flames from backfires or reverse
ments of §§ 27.1121 and 27.1123.
burning cannot enter the ventilating
(1) Each exhaust shroud must be
airstream under any operating condi-
sealed so that no flammable fluids or
tion, including reverse flow or mal-
hazardous quantities of vapors can
function of the heater or its associated
reach the exhaust system through
components.
joints.
(2) No combustion air duct may re- (2) No exhaust system may restrict
strict the prompt relief of any backfire the prompt relief of any backfire that,
that, if so restricted, could cause heat- if so restricted, could cause heater fail-
er failure. ure.
(f) Heater control: General. There must (j) Heater fuel systems. Each heater
be means to prevent the hazardous ac- fuel system must meet the powerplant
cumulation of water or ice on or in any fuel system requirements affecting safe
heater control component, control sys- heater operation. Each heater fuel sys-
tem tubing, or safety control. tem component in the ventilating air-
(g) Heater safety controls. For each stream must be protected by shrouds
combustion heater, safety control so that no leakage from those compo-
means must be provided as follows: nents can enter the ventilating air-
(1) Means independent of the compo- stream.
nents provided for the normal contin- (k) Drains. There must be means for
uous control of air temperature, air- safe drainage of any fuel that might ac-
flow, and fuel flow must be provided for cumulate in the combustion chamber
each heater to automatically shut off or the heat exchanger.
the ignition and fuel supply of that (1) Each part of any drain that oper-
heater at a point remote from that ates at high temperatures must be pro-
heater when any of the following oc- tected in the same manner as heater
curs: exhausts.
(i) The heat exchanger temperature (2) Each drain must be protected
exceeds safe limits. against hazardous ice accumulation
(ii) The ventilating air temperature under any operating condition.
exceeds safe limits.
lhorne on DSKJLZT7X2PROD with CFR

[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as


(iii) The combustion airflow becomes amended by Amdt. 27–23, 53 FR 34211, Sept. 2,
inadequate for safe operation. 1988]

523

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00533 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.861 14 CFR Ch. I (1–1–22 Edition)

§ 27.861 Fire protection of structure, EXTERNAL LOADS


controls, and other parts.
§ 27.865 External loads.
Each part of the structure, controls,
rotor mechanism, and other parts es- (a) It must be shown by analysis,
sential to a controlled landing that test, or both, that the rotorcraft exter-
would be affected by powerplant fires nal load attaching means for rotor-
must be fireproof or protected so they craft-load combinations to be used for
can perform their essential functions nonhuman external cargo applications
for at least 5 minutes under any fore- can withstand a limit static load equal
seeable powerplant fire conditions. to 2.5, or some lower load factor ap-
proved under §§ 27.337 through 27.341,
[Amdt. 27–26, 55 FR 8001, Mar. 6, 1990] multiplied by the maximum external
§ 27.863 Flammable fluid fire protec- load for which authorization is re-
tion. quested. It must be shown by analysis,
test, or both that the rotorcraft exter-
(a) In each area where flammable nal load attaching means and cor-
fluids or vapors might escape by leak- responding personnel carrying device
age of a fluid system, there must be system for rotorcraft-load combina-
means to minimize the probability of tions to be used for human external
ignition of the fluids and vapors, and cargo applications can withstand a
the resultant hazards if ignition does limit static load equal to 3.5 or some
occur. lower load factor, not less than 2.5, ap-
(b) Compliance with paragraph (a) of proved under §§ 27.337 through 27.341,
this section must be shown by analysis multiplied by the maximum external
or tests, and the following factors must load for which authorization is re-
be considered: quested. The load for any rotorcraft-
(1) Possible sources and paths of fluid load combination class, for any exter-
leakage, and means of detecting leak- nal cargo type, must be applied in the
age. vertical direction. For jettisonable ex-
(2) Flammability characteristics of ternal loads of any applicable external
fluids, including effects of any combus- cargo type, the load must also be ap-
tible or absorbing materials. plied in any direction making the max-
(3) Possible ignition sources, includ-
imum angle with the vertical that can
ing electrical faults, overheating of
be achieved in service but not less than
equipment, and malfunctioning of pro-
30°. However, the 30° angle may be re-
tective devices.
duced to a lesser angle if—
(4) Means available for controlling or (1) An operating limitation is estab-
extinguishing a fire, such as stopping lished limiting external load oper-
flow of fluids, shutting down equip- ations to such angles for which compli-
ment, fireproof containment, or use of ance with this paragraph has been
extinguishing agents. shown; or
(5) Ability of rotorcraft components (2) It is shown that the lesser angle
that are critical to safety of flight to can not be exceeded in service.
withstand fire and heat. (b) The external load attaching
(c) If action by the flight crew is re- means, for jettisonable rotorcraft-load
quired to prevent or counteract a fluid combinations, must include a quick-re-
fire (e.g. equipment shutdown or actu- lease system to enable the pilot to re-
ation of a fire extinguisher) quick act- lease the external load quickly during
ing means must be provided to alert flight. The quick-release system must
the crew. consist of a primary quick release sub-
(d) Each area where flammable fluids system and a backup quick release sub-
or vapors might escape by leakage of a system that are isolated from one an-
fluid system must be identified and de- other. The quick-release system, and
fined. the means by which it is controlled,
(Secs. 313(a), 601, 603, 604, Federal Aviation must comply with the following:
Act of 1958 (49 U.S.C. 1354(a), 1421, 1423, 1424), (1) A control for the primary quick
sec. 6(c), Dept. of Transportation Act (49 release subsystem must be installed ei-
lhorne on DSKJLZT7X2PROD with CFR

U.S.C. 1655(c))) ther on one of the pilot’s primary con-


[Amdt. 27–16, 43 FR 50599, Oct. 30, 1978] trols or in an equivalently accessible

524

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00534 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.873

location and must be designed and lo- device system, the ingress and egress
cated so that it may be operated by ei- instructions;
ther the pilot or a crewmember with- (4) Have equipment to allow direct
out hazardously limiting the ability to intercommunication among required
control the rotorcraft during an emer- crewmembers and external occupants;
gency situation. and
(2) A control for the backup quick re- (5) Have the appropriate limitations
lease subsystem, readily accessible to and procedures incorporated in the
either the pilot or another crew- flight manual for conducting human
member, must be provided. external cargo operations.
(3) Both the primary and backup (d) The critically configured jettison-
quick release subsystems must—
able external loads must be shown by a
(i) Be reliable, durable, and function combination of analysis, ground tests,
properly with all external loads up to
and flight tests to be both transport-
and including the maximum external
able and releasable throughout the ap-
limit load for which authorization is
requested. proved operational envelope without
hazard to the rotorcraft during normal
(ii) Be protected against electro-
magnetic interference (EMI) from ex- flight conditions. In addition, these ex-
ternal and internal sources and against ternal loads must be shown to be re-
lightning to prevent inadvertent load leasable without hazard to the rotor-
release. craft during emergency flight condi-
(A) The minimum level of protection tions.
required for jettisonable rotorcraft- (e) A placard or marking must be in-
load combinations used for nonhuman stalled next to the external-load at-
external cargo is a radio frequency taching means clearly stating any
field strength of 20 volts per meter. operational limitations and the max-
(B) The minimum level of protection imum authorized external load as dem-
required for jettisonable rotorcraft- onstrated under § 27.25 and this section.
load combinations used for human ex- (f) The fatigue evaluation of § 27.571
ternal cargo is a radio frequency field of this part does not apply to rotor-
strength of 200 volts per meter. craft-load combinations to be used for
(iii) Be protected against any failure nonhuman external cargo except for
that could be induced by a failure mode the failure of critical structural ele-
of any other electrical or mechanical ments that would result in a hazard to
rotorcraft system. the rotorcraft. For rotorcraft-load
(c) For rotorcraft-load combinations combinations to be used for human ex-
to be used for human external cargo ternal cargo, the fatigue evaluation of
applications, the rotorcraft must— § 27.571 of this part applies to the entire
(1) For jettisonable external loads, quick release and personnel carrying
have a quick-release system that meets device structural systems and their at-
the requirements of paragraph (b) of tachments.
this section and that—
(i) Provides a dual actuation device [Amdt. 27–11, 41 FR 55469, Dec. 20, 1976, as
for the primary quick release sub- amended by Amdt. 27–26, 55 FR 8001, Mar. 6,
system, and 1990; Amdt. 27–36, 64 FR 43019, Aug. 6, 1999]
(ii) Provides a separate dual actu- MISCELLANEOUS
ation device for the backup quick re-
lease subsystem; § 27.871 Leveling marks.
(2) Have a reliable, approved per-
sonnel carrying device system that has There must be reference marks for
the structural capability and personnel leveling the rotorcraft on the ground.
safety features essential for external
§ 27.873 Ballast provisions.
occupant safety;
(3) Have placards and markings at all Ballast provisions must be designed
appropriate locations that clearly state and constructed to prevent inadvertent
lhorne on DSKJLZT7X2PROD with CFR

the essential system operating instruc- shifting of ballast in flight.


tions and, for the personnel carrying

525

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00535 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.901 14 CFR Ch. I (1–1–22 Edition)

Subpart E—Powerplant § 27.903 Engines.


(a) Engine type certification. Each en-
GENERAL
gine must have an approved type cer-
§ 27.901 Installation. tificate. Reciprocating engines for use
in helicopters must be qualified in ac-
(a) For the purpose of this part, the cordance with § 33.49(d) of this chapter
powerplant installation includes each or be otherwise approved for the in-
part of the rotorcraft (other than the tended usage.
main and auxiliary rotor structures) (b) Engine or drive system cooling fan
that— blade protection. (1) If an engine or rotor
(1) Is necessary for propulsion; drive system cooling fan is installed,
(2) Affects the control of the major there must be a means to protect the
propulsive units; or rotorcraft and allow a safe landing if a
(3) Affects the safety of the major fan blade fails. This must be shown by
propulsive units between normal in- showing that—
spections or overhauls. (i) The fan blades are contained in
(b) For each powerplant installa- case of failure;
tion— (ii) Each fan is located so that a fail-
(1) Each component of the installa- ure will not jeopardize safety; or
tion must be constructed, arranged, (iii) Each fan blade can withstand an
and installed to ensure its continued ultimate load of 1.5 times the cen-
safe operation between normal inspec- trifugal force resulting from operation
tions or overhauls for the range of tem- limited by the following:
perature and altitude for which ap-
(A) For fans driven directly by the
proval is requested;
engine—
(2) Accessibility must be provided to
(1) The terminal engine r.p.m. under
allow any inspection and maintenance
uncontrolled conditions; or
necessary for continued airworthiness;
(2) An overspeed limiting device.
(3) Electrical interconnections must
(B) For fans driven by the rotor drive
be provided to prevent differences of
system, the maximum rotor drive sys-
potential between major components of
tem rotational speed to be expected in
the installation and the rest of the
service, including transients.
rotorcraft;
(2) Unless a fatigue evaluation under
(4) Axial and radial expansion of tur-
bine engines may not affect the safety § 27.571 is conducted, it must be shown
of the installation; and that cooling fan blades are not oper-
ating at resonant conditions within the
(5) Design precautions must be taken
operating limits of the rotorcraft.
to minimize the possibility of incorrect
assembly of components and equipment (c) Turbine engine installation. For
essential to safe operation of the rotor- turbine engine installations, the pow-
craft, except where operation with the erplant systems associated with engine
incorrect assembly can be shown to be control devices, systems, and instru-
extremely improbable. mentation must be designed to give
(c) The installation must comply reasonable assurance that those engine
with— operating limitations that adversely
(1) The installation instructions pro- affect turbine rotor structural integ-
vided under § 33.5 of this chapter; and rity will not be exceeded in service.
(2) The applicable provisions of this (d) Restart capability: A means to re-
subpart. start any engine in flight must be pro-
vided.
(Secs. 313(a), 601, and 603, 72 Stat. 752, 775, 49 (1) Except for the in-flight shutdown
U.S.C. 1354(a), 1421, and 1423; sec. 6(c), 49 of all engines, engine restart capability
U.S.C. 1655(c))
must be demonstrated throughout a
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as flight envelope for the rotorcraft.
amended by Amdt. 27–2, 33 FR 963, Jan. 26,
lhorne on DSKJLZT7X2PROD with CFR

1968; Amdt. 27–12, 42 FR 15044, Mar. 17, 1977;


Amdt. 27–23, 53 FR 34211, Sept. 2, 1988]

526

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00536 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.923

(2) Following the in-flight shutdown tions on the use of that means must be
of all engines, in-flight engine restart specified, and the control for that
capability must be provided. means must be guarded to prevent in-
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as advertent operation.
amended by Amdt. 27–11, 41 FR 55469, Dec. 20,
1976; Amdt. 27–23, 53 FR 34211, Sept. 2, 1988; § 27.923 Rotor drive system and con-
Amdt. 27–44, 73 FR 11000, Feb. 29, 2008] trol mechanism tests.
(a) Each part tested as prescribed in
§ 27.907 Engine vibration.
this section must be in a serviceable
(a) Each engine must be installed to condition at the end of the tests. No in-
prevent the harmful vibration of any tervening disassembly which might af-
part of the engine or rotorcraft. fect test results may be conducted.
(b) The addition of the rotor and the (b) Each rotor drive system and con-
rotor drive system to the engine may trol mechanism must be tested for not
not subject the principal rotating parts less than 100 hours. The test must be
of the engine to excessive vibration conducted on the rotorcraft, and the
stresses. This must be shown by a vi- torque must be absorbed by the rotors
bration investigation. to be installed, except that other
(c) No part of the rotor drive system
ground or flight test facilities with
may be subjected to excessive vibra-
other appropriate methods of torque
tion stresses.
absorption may be used if the condi-
ROTOR DRIVE SYSTEM tions of support and vibration closely
simulate the conditions that would
§ 27.917 Design. exist during a test on the rotorcraft.
(a) Each rotor drive system must in- (c) A 60-hour part of the test pre-
corporate a unit for each engine to scribed in paragraph (b) of this section
automatically disengage that engine must be run at not less than maximum
from the main and auxiliary rotors if continuous torque and the maximum
that engine fails. speed for use with maximum contin-
(b) Each rotor drive system must be uous torque. In this test, the main
arranged so that each rotor necessary rotor controls must be set in the posi-
for control in autorotation will con- tion that will give maximum longitu-
tinue to be driven by the main rotors dinal cyclic pitch change to simulate
after disengagement of the engine from forward flight. The auxiliary rotor con-
the main and auxiliary rotors. trols must be in the position for nor-
(c) If a torque limiting device is used mal operation under the conditions of
in the rotor drive system, it must be the test.
located so as to allow continued con- (d) A 30-hour or, for rotorcraft for
trol of the rotorcraft when the device which the use of either 30-minute OEI
is operating. power or continuous OEI power is re-
(d) The rotor drive system includes quested, a 25-hour part of the test pre-
any part necessary to transmit power scribed in paragraph (b) of this section
from the engines to the rotor hubs. must be run at not less than 75 percent
This includes gear boxes, shafting, uni- of maximum continuous torque and the
versal joints, couplings, rotor brake as- minimum speed for use with 75 percent
semblies, clutches, supporting bearings of maximum continuous torque. The
for shafting, any attendant accessory main and auxiliary rotor controls must
pads or drives, and any cooling fans be in the position for normal operation
that are a part of, attached to, or under the conditions of the test.
mounted on the rotor drive system. (e) A 10-hour part of the test pre-
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as scribed in paragraph (b) of this section
amended by Amdt. 27–11, 41 FR 55469, Dec. 20, must be run at not less than takeoff
1976] torque and the maximum speed for use
with takeoff torque. The main and aux-
§ 27.921 Rotor brake. iliary rotor controls must be in the
If there is a means to control the ro- normal position for vertical ascent.
lhorne on DSKJLZT7X2PROD with CFR

tation of the rotor drive system inde- (1) For multiengine rotorcraft for
pendently of the engine, any limita- which the use of 21⁄2 minute OEI power

527

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00537 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.923 14 CFR Ch. I (1–1–22 Edition)

is requested, 12 runs during the 10-hour flight. The part of the test prescribed
test must be conducted as follows: in paragraph (e) of this section must be
(i) Each run must consist of at least conducted in intervals of not less than
one period of 21⁄2 minutes with takeoff five minutes.
torque and the maximum speed for use (g) At intervals of not more than five
with takeoff torque on all engines. hours during the tests prescribed in
(ii) Each run must consist of at least paragraphs (c), (d), and (e) of this sec-
one period for each engine in sequence, tion, the engine must be stopped rap-
during which that engine simulates a idly enough to allow the engine and
power failure and the remaining en- rotor drive to be automatically dis-
gines are run at 21⁄2 minute OEI torque
engaged from the rotors.
and the maximum speed for use with
21⁄2 minute OEI torque for 21⁄2 minutes. (h) Under the operating conditions
(2) For multiengine turbine-powered specified in paragraph (c) of this sec-
rotorcraft for which the use of 30-sec- tion, 500 complete cycles of lateral con-
ond and 2-minute OEI power is re- trol, 500 complete cycles of longitu-
quested, 10 runs must be conducted as dinal control of the main rotors, and
follows: 500 complete cycles of control of each
(i) Immediately following a takeoff auxiliary rotor must be accomplished.
run of at least 5 minutes, each power A ‘‘complete cycle’’ involves movement
source must simulate a failure, in turn, of the controls from the neutral posi-
and apply the maximum torque and the tion, through both extreme positions,
maximum speed for use with 30-second and back to the neutral position, ex-
OEI power to the remaining affected cept that control movements need not
drive system power inputs for not less produce loads or flapping motions ex-
than 30 seconds, followed by applica- ceeding the maximum loads or motions
tion of the maximum torque and the encountered in flight. The cycling may
maximum speed for use with 2-minute be accomplished during the testing pre-
OEI power for not less than 2 minutes. scribed in paragraph (c) of this section.
At least one run sequence must be con- (i) At least 200 start-up clutch en-
ducted from a simulated ‘‘flight idle’’ gagements must be accomplished—
condition. When conducted on a bench
(1) So that the shaft on the driven
test, the test sequence must be con-
ducted following stabilization at take- side of the clutch is accelerated; and
off power. (2) Using a speed and method selected
(ii) For the purpose of this para- by the applicant.
graph, an affected power input includes (j) For multiengine rotorcraft for
all parts of the rotor drive system which the use of 30-minute OEI power
which can be adversely affected by the is requested, five runs must be made at
application of higher or asymmetric 30-minute OEI torque and the max-
torque and speed prescribed by the imum speed for use with 30-minute OEI
test. torque, in which each engine, in se-
(iii) This test may be conducted on a quence, is made inoperative and the re-
representative bench test facility when maining engine(s) is run for a 30-
engine limitations either preclude re- minute period.
peated use of this power or would re- (k) For multiengine rotorcraft for
sult in premature engine removal dur- which the use of continuous OEI power
ing the test. The loads, the vibration is requested, five runs must be made at
frequency, and the methods of applica- continuous OEI torque and the max-
tion to the affected rotor drive system imum speed for use with continuous
components must be representative of OEI torque, in which each engine, in
rotorcraft conditions. Test components
sequence, is made inoperative and the
must be those used to show compliance
with the remainder of this section.
(f) The parts of the test prescribed in
paragraphs (c) and (d) of this section
must be conducted in intervals of not
lhorne on DSKJLZT7X2PROD with CFR

less than 30 minutes and may be ac-


complished either on the ground or in

528

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00538 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.939

remaining engine(s) is run for a 1-hour would exist during a test on the rotor-
period. craft.
(c) It must be shown by tests that the
(Secs. 313(a), 601, and 603, 72 Stat. 752, 775, 49
U.S.C. 1354(a), 1421, and 1423; sec. 6(c), 49 rotor drive system is capable of oper-
U.S.C. 1655(c)) ating under autorotative conditions for
15 minutes after the loss of pressure in
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
the rotor drive primary oil system.
amended by Amdt. 27–2, 33 FR 963, Jan. 26,
1968; Amdt. 27–12, 42 FR 15044, Mar. 17, 1977; (Secs. 313(a), 601, and 603, 72 Stat. 752, 775, 49
Amdt. 27–23, 53 FR 34212, Sept. 2, 1988; Amdt. U.S.C. 1354(a), 1421, and 1423; sec. 6(c), 49
27–29, 59 FR 47767, Sept. 16, 1994] U.S.C. 1655(c))
[Amdt. 27–2, 33 FR 963, Jan. 26, 1968, as
§ 27.927 Additional tests.
amended by Amdt. 27–12, 42 FR 15045, Mar. 17,
(a) Any additional dynamic, endur- 1977; Amdt. 27–23, 53 FR 34212, Sept. 2, 1988]
ance, and operational tests, and vibra-
tory investigations necessary to deter- § 27.931 Shafting critical speed.
mine that the rotor drive mechanism is (a) The critical speeds of any shafting
safe, must be performed. must be determined by demonstration
(b) If turbine engine torque output to except that analytical methods may be
the transmission can exceed the high- used if reliable methods of analysis are
est engine or transmission torque rat- available for the particular design.
ing limit, and that output is not di- (b) If any critical speed lies within,
rectly controlled by the pilot under or close to, the operating ranges for
normal operating conditions (such as idling, power on, and autorotative con-
where the primary engine power con- ditions, the stresses occurring at that
trol is accomplished through the flight speed must be within safe limits. This
control), the following test must be must be shown by tests.
made: (c) If analytical methods are used and
(1) Under conditions associated with show that no critical speed lies within
all engines operating, make 200 appli- the permissible operating ranges, the
cations, for 10 seconds each, or torque margins between the calculated crit-
that is at least equal to the lesser of— ical speeds and the limits of the allow-
(i) The maximum torque used in able operating ranges must be adequate
meeting § 27.923 plus 10 percent; or to allow for possible variations be-
(ii) The maximum attainable torque tween the computed and actual values.
output of the engines, assuming that
torque limiting devices, if any, func- § 27.935 Shafting joints.
tion properly. Each universal joint, slip joint, and
(2) For multiengine rotorcraft under other shafting joints whose lubrication
conditions associated with each engine, is necessary for operation must have
in turn, becoming inoperative, apply to provision for lubrication.
the remaining transmission torque in-
puts the maximum torque attainable § 27.939 Turbine engine operating
under probable operating conditions, characteristics.
assuming that torque limiting devices, (a) Turbine engine operating charac-
if any, function properly. Each trans- teristics must be investigated in flight
mission input must be tested at this to determine that no adverse charac-
maximum torque for at least 15 min- teristics (such as stall, surge, or flame-
utes. out) are present, to a hazardous degree,
(3) The tests prescribed in this para- during normal and emergency oper-
graph must be conducted on the rotor- ation within the range of operating
craft at the maximum rotational speed limitations of the rotorcraft and of the
intended for the power condition of the engine.
test and the torque must be absorbed (b) The turbine engine air inlet sys-
by the rotors to be installed, except tem may not, as a result of airflow dis-
that other ground or flight test facili- tortion during normal operation, cause
ties with other appropriate methods of vibration harmful to the engine.
torque absorption may be used if the (c) For governor-controlled engines,
lhorne on DSKJLZT7X2PROD with CFR

conditions of support and vibration it must be shown that there exists no


closely simulate the conditions that hazardous torsional instability of the

529

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00539 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.951 14 CFR Ch. I (1–1–22 Edition)

drive system associated with critical (3) The tank must be filled with
combinations of power, rotational water to 80 percent of the normal, full
speed, and control displacement. capacity.
[Amdt. 27–1, 32 FR 6914, May 5, 1967, as (4) The tank must be enclosed in a
amended by Amdt. 27–11, 41 FR 55469, Dec. 20, surrounding structure representative
1976] of the installation unless it can be es-
tablished that the surrounding struc-
FUEL SYSTEM ture is free of projections or other de-
sign features likely to contribute to
§ 27.951 General. rupture of the tank.
(a) Each fuel system must be con- (5) The tank must drop freely and im-
structed and arranged to ensure a flow pact in a horizontal position ±10°.
of fuel at a rate and pressure estab- (6) After the drop test, there must be
lished for proper engine functioning no leakage.
under any likely operating condition, (b) Fuel tank load factors. Except for
including the maneuvers for which cer- fuel tanks located so that tank rupture
tification is requested. with fuel release to either significant
(b) Each fuel system must be ar- ignition sources, such as engines, heat-
ranged so that— ers, and auxiliary power units, or occu-
(1) No fuel pump can draw fuel from pants is extremely remote, each fuel
more than one tank at a time; or tank must be designed and installed to
(2) There are means to prevent intro- retain its contents under the following
ducing air into the system. ultimate inertial load factors, acting
(c) Each fuel system for a turbine en- alone.
gine must be capable of sustained oper-
(1) For fuel tanks in the cabin:
ation throughout its flow and pressure
(i) Upward—4g.
range with fuel initially saturated with
water at 80 °F. and having 0.75cc of free (ii) Forward—16g.
water per gallon added and cooled to (iii) Sideward—8g.
the most critical condition for icing (iv) Downward—20g.
likely to be encountered in operation. (2) For fuel tanks located above or
behind the crew or passenger compart-
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as ment that, if loosened, could injure an
amended by Amdt. 27–9, 39 FR 35461, Oct. 1,
occupant in an emergency landing:
1974]
(i) Upward—1.5g.
§ 27.952 Fuel system crash resistance. (ii) Forward—8g.
Unless other means acceptable to the (iii) Sideward—2g.
Administrator are employed to mini- (iv) Downward—4g.
mize the hazard of fuel fires to occu- (3) For fuel tanks in other areas:
pants following an otherwise surviv- (i) Upward—1.5g.
able impact (crash landing), the fuel (ii) Forward—4g.
systems must incorporate the design (iii) Sideward—2g.
features of this section. These systems (iv) Downward—4g.
must be shown to be capable of sus- (c) Fuel line self-sealing breakaway
taining the static and dynamic decel- couplings. Self-sealing breakaway cou-
eration loads of this section, consid- plings must be installed unless haz-
ered as ultimate loads acting alone, ardous relative motion of fuel system
measured at the system component’s components to each other or to local
center of gravity, without structural rotorcraft structure is demonstrated to
damage to system components, fuel be extremely improbable or unless
tanks, or their attachments that would other means are provided. The cou-
leak fuel to an ignition source. plings or equivalent devices must be
(a) Drop test requirements. Each tank, installed at all fuel tank-to-fuel line
or the most critical tank, must be connections, tank-to-tank intercon-
drop-tested as follows: nects, and at other points in the fuel
(1) The drop height must be at least system where local structural deforma-
50 feet. tion could lead to the release of fuel.
lhorne on DSKJLZT7X2PROD with CFR

(2) The drop impact surface must be (1) The design and construction of
nondeforming. self-sealing breakaway couplings must

530

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00540 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.953

incorporate the following design fea- ture, whether frangible or locally de-
tures: formable, must be designed such that
(i) The load necessary to separate a its separation or relative local defor-
breakaway coupling must be between mation will occur without rupture or
25 to 50 percent of the minimum ulti- local tear-out of the fuel tank or fuel
mate failure load (ultimate strength) system components that will cause fuel
of the weakest component in the fluid- leakage. The ultimate strength of fran-
carrying line. The separation load gible or deformable attachments must
must in no case be less than 300 pounds, be as follows:
regardless of the size of the fluid line. (1) The load required to separate a
(ii) A breakaway coupling must sepa- frangible attachment from its support
rate whenever its ultimate load (as de- structure, or deform a locally deform-
fined in paragraph (c)(1)(i) of this sec- able attachment relative to its support
tion) is applied in the failure modes structure, must be between 25 and 50
most likely to occur. percent of the minimum ultimate load
(iii) All breakaway couplings must (ultimate strength) of the weakest
incorporate design provisions to vis- component in the attached system. In
ually ascertain that the coupling is no case may the load be less than 300
locked together (leak-free) and is open pounds.
during normal installation and service. (2) A frangible or locally deformable
(iv) All breakaway couplings must in- attachment must separate or locally
corporate design provisions to prevent deform as intended whenever its ulti-
uncoupling or unintended closing due mate load (as defined in paragraph
to operational shocks, vibrations, or (d)(1) of this section) is applied in the
accelerations. modes most likely to occur.
(v) No breakaway coupling design (3) All frangible or locally deformable
may allow the release of fuel once the attachments must comply with the fa-
coupling has performed its intended tigue requirements of § 27.571.
function. (e) Separation of fuel and ignition
(2) All individual breakaway cou- sources. To provide maximum crash re-
plings, coupling fuel feed systems, or sistance, fuel must be located as far as
equivalent means must be designed, practicable from all occupiable areas
tested, installed, and maintained so and from all potential ignition sources.
that inadvertent fuel shutoff in flight (f) Other basic mechanical design cri-
is improbable in accordance with teria. Fuel tanks, fuel lines, electrical
§ 27.955(a) and must comply with the fa- wires, and electrical devices must be
tigue evaluation requirements of designed, constructed, and installed, as
§ 27.571 without leaking. far as practicable, to be crash resist-
(3) Alternate, equivalent means to ant.
(g) Rigid or semirigid fuel tanks. Rigid
the use of breakaway couplings must
or semirigid fuel tank or bladder walls
not create a survivable impact-induced
must be impact and tear resistant.
load on the fuel line to which it is in-
stalled greater than 25 to 50 percent of [Doc. No. 26352, 59 FR 50386, Oct. 3, 1994]
the ultimate load (strength) of the
weakest component in the line and § 27.953 Fuel system independence.
must comply with the fatigue require- (a) Each fuel system for multiengine
ments of § 27.571 without leaking. rotorcraft must allow fuel to be sup-
(d) Frangible or deformable structural plied to each engine through a system
attachments. Unless hazardous relative independent of those parts of each sys-
motion of fuel tanks and fuel system tem supplying fuel to other engines.
components to local rotorcraft struc- However, separate fuel tanks need not
ture is demonstrated to be extremely be provided for each engine.
improbable in an otherwise survivable (b) If a single fuel tank is used on a
impact, frangible or locally deformable multiengine rotorcraft, the following
attachments of fuel tanks and fuel sys- must be provided:
tem components to local rotorcraft (1) Independent tank outlets for each
structure must be used. The attach- engine, each incorporating a shutoff
lhorne on DSKJLZT7X2PROD with CFR

ment of fuel tanks and fuel system valve at the tank. This shutoff valve
components to local rotorcraft struc- may also serve as the firewall shutoff

531

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00541 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.954 14 CFR Ch. I (1–1–22 Edition)

valve required by § 27.995 if the line be- critical with respect to rotorcraft
tween the valve and the engine com- flight attitudes.
partment does not contain a hazardous (4) The critical fuel pump (for pump-
amount of fuel that can drain into the fed systems) is installed to produce (by
engine compartment. actual or simulated failure) the critical
(2) At least two vents arranged to restriction to fuel flow to be expected
minimize the probability of both vents from pump failure.
becoming obstructed simultaneously. (5) Critical values of engine rotation
(3) Filler caps designed to minimize speed, electrical power, or other
the probability of incorrect installa- sources of fuel pump motive power
tion or inflight loss. must be applied.
(4) A fuel system in which those parts (6) Critical values of fuel properties
of the system from each tank outlet to which adversely affect fuel flow must
any engine are independent of each be applied.
part of each system supplying fuel to (7) The fuel filter required by § 27.997
other engines. must be blocked to the degree nec-
essary to simulate the accumulation of
§ 27.954 Fuel system lightning protec- fuel contamination required to acti-
tion. vate the indicator required by
The fuel system must be designed § 27.1305(q).
and arranged to prevent the ignition of (b) Fuel transfer systems. If normal op-
fuel vapor within the system by— eration of the fuel system requires fuel
(a) Direct lightning strikes to areas to be transferred to an engine feed
having a high probability of stroke at- tank, the transfer must occur auto-
tachment; matically via a system which has been
(b) Swept lightning strokes to areas shown to maintain the fuel level in the
where swept strokes are highly prob- engine feed tank within acceptable
able; or limits during flight or surface oper-
(c) Corona and streamering at fuel ation of the rotorcraft.
vent outlets. (c) Multiple fuel tanks. If an engine
[Amdt. 27–23, 53 FR 34212, Sept. 2, 1988]
can be supplied with fuel from more
than one tank, the fuel systems must,
§ 27.955 Fuel flow. in addition to having appropriate man-
ual switching capability, be designed to
(a) General. The fuel system for each
prevent interruption of fuel flow to
engine must be shown to provide the
that engine, without attention by the
engine with at least 100 percent of the
flightcrew, when any tank supplying
fuel required under each operating and
fuel to that engine is depleted of usable
maneuvering condition to be approved
fuel during normal operation, and any
for the rotorcraft including, as applica-
other tank that normally supplies fuel
ble, the fuel required to operate the en-
to the engine alone contains usable
gine(s) under the test conditions re-
fuel.
quired by § 27.927. Unless equivalent
methods are used, compliance must be [Amdt. 27–23, 53 FR 34212, Sept. 2, 1988]
shown by test during which the fol-
lowing provisions are met except that § 27.959 Unusable fuel supply.
combinations of conditions which are The unusable fuel supply for each
shown to be improbable need not be tank must be established as not less
considered. than the quantity at which the first
(1) The fuel pressure, corrected for evidence of malfunction occurs under
critical accelerations, must be within the most adverse fuel feed condition
the limits specified by the engine type occurring under any intended oper-
certificate data sheet. ations and flight maneuvers involving
(2) The fuel level in the tank may not that tank.
exceed that established as the unusable
fuel supply for that tank under § 27.959, § 27.961 Fuel system hot weather oper-
plus the minimum additional fuel nec- ation.
essary to conduct the test. Each suction lift fuel system and
lhorne on DSKJLZT7X2PROD with CFR

(3) The fuel head between the tank other fuel systems with features condu-
outlet and the engine inlet must be cive to vapor formation must be shown

532

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00542 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.965

by test to operate satisfactorily (with- (g) Each flexible fuel tank bladder or
in certification limits) when using fuel liner must be approved or shown to be
at a temperature of 110 °F under crit- suitable for the particular application
ical operating conditions including, if and must be puncture resistant. Punc-
applicable, the engine operating condi- ture resistance must be shown by
tions defined by § 27.927 (b)(1) and (b)(2). meeting the TSO-C80, paragraph 16.0,
requirements using a minimum punc-
[Amdt. 27–23, 53 FR 34212, Sept. 2, 1988]
ture force of 370 pounds.
§ 27.963 Fuel tanks: general. (h) Each integral fuel tank must have
provisions for inspection and repair of
(a) Each fuel tank must be able to its interior.
withstand, without failure, the vibra-
tion, inertia, fluid, and structural loads [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
to which it may be subjected in oper- amended by Amdt. 27–23, 53 FR 34213, Sept. 2,
ation. 1988; Amdt. 27–30, 59 FR 50387, Oct. 3, 1994]
(b) Each fuel tank of 10 gallons or
§ 27.965 Fuel tank tests.
greater capacity must have internal
baffles, or must have external support (a) Each fuel tank must be able to
to resist surging. withstand the applicable pressure tests
(c) Each fuel tank must be separated in this section without failure or leak-
from the engine compartment by a age. If practicable, test pressures may
firewall. At least one-half inch of clear be applied in a manner simulating the
airspace must be provided between the pressure distribution in service.
tank and the firewall. (b) Each conventional metal tank,
(d) Spaces adjacent to the surfaces of nonmetallic tank with walls that are
fuel tanks must be ventilated so that not supported by the rotorcraft struc-
fumes cannot accumulate in the tank ture, and integral tank must be sub-
compartment in case of leakage. If two jected to a pressure of 3.5 p.s.i. unless
or more tanks have interconnected the pressure developed during max-
outlets, they must be considered as one imum limit acceleration or emergency
tank, and the airspaces in those tanks deceleration with a full tank exceeds
must be interconnected to prevent the this value, in which case a hydrostatic
flow of fuel from one tank to another head, or equivalent test, must be ap-
as a result of a difference in pressure plied to duplicate the acceleration
between those airspaces. loads as far as possible. However, the
(e) The maximum exposed surface pressure need not exceed 3.5 p.s.i. on
temperature of any component in the surfaces not exposed to the accelera-
fuel tank must be less, by a safe mar- tion loading.
gin as determined by the Adminis- (c) Each nonmetallic tank with walls
trator, than the lowest expected supported by the rotorcraft structure
autoignition temperature of the fuel or must be subjected to the following
fuel vapor in the tank. Compliance tests:
with this requirement must be shown (1) A pressure test of at least 2.0 p.s.i.
under all operating conditions and This test may be conducted on the
under all failure or malfunction condi- tank alone in conjunction with the test
tions of all components inside the specified in paragraph (c)(2) of this sec-
tank. tion.
(f) Each fuel tank installed in per- (2) A pressure test, with the tank
sonnel compartments must be isolated mounted in the rotorcraft structure,
by fume-proof and fuel-proof enclosures equal to the load developed by the re-
that are drained and vented to the ex- action of the contents, with the tank
terior of the rotorcraft. The design and full, during maximum limit accelera-
construction of the enclosures must tion or emergency deceleration. How-
provide necessary protection for the ever, the pressure need not exceed 2.0
tank, must be crash resistant during a p.s.i. on surfaces not exposed to the ac-
survivable impact in accordance with celeration loading.
§ 27.952, and must be adequate to with- (d) Each tank with large unsupported
lhorne on DSKJLZT7X2PROD with CFR

stand loads and abrasions to be ex- or unstiffened flat areas, or with other
pected in personnel compartments. features whose failure or deformation

533

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00543 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.967 14 CFR Ch. I (1–1–22 Edition)

could cause leakage, must be subjected rocked about each critical axis for 121⁄2
to the following test or its equivalent: hours.
(1) Each complete tank assembly and (Secs. 313(a), 601, and 603, 72 Stat. 752, 775, 49
its support must be vibration tested U.S.C. 1354(a), 1421, and 1423; sec. 6(c), 49
while mounted to simulate the actual U.S.C. 1655(c))
installation. [Amdt. 27–12, 42 FR 15045, Mar. 17, 1977]
(2) The tank assembly must be vi-
brated for 25 hours while two-thirds § 27.967 Fuel tank installation.
full of any suitable fluid. The ampli- (a) Each fuel tank must be supported
tude of vibration may not be less than so that tank loads are not con-
one thirty-second of an inch, unless centrated on unsupported tank sur-
otherwise substantiated. faces. In addition—
(3) The test frequency of vibration (1) There must be pads, if necessary,
must be as follows: to prevent chafing between each tank
(i) If no frequency of vibration result- and its supports;
ing from any r.p.m. within the normal (2) The padding must be non-
operating range of engine or rotor sys- absorbent or treated to prevent the ab-
tem speeds is critical, the test fre- sorption of fuel;
quency of vibration, in number of cy- (3) If flexible tank liners are used,
cles per minute must, unless a fre- they must be supported so that it is
quency based on a more rational cal- not necessary for them to withstand
culation is used, be the number ob- fluid loads; and
tained by averaging the maximum and (4) Each interior surface of tank com-
minimum power-on engine speeds partments must be smooth and free of
(r.p.m.) for reciprocating engine pow- projections that could cause wear of
ered rotorcraft or 2,000 c.p.m. for tur- the liner unless—
bine engine powered rotorcraft. (i) There are means for protection of
(ii) If only one frequency of vibration the liner at those points; or
resulting from any r.p.m. within the (ii) The construction of the liner
normal operating range of engine or itself provides such protection.
rotor system speeds is critical, that (b) Any spaces adjacent to tank sur-
frequency of vibration must be the test faces must be adequately ventilated to
frequency. avoid accumulation of fuel or fumes in
those spaces due to minor leakage. If
(iii) If more than one frequency of vi-
the tank is in a sealed compartment,
bration resulting from any r.p.m. with- ventilation may be limited to drain
in the normal operating range of en- holes that prevent clogging and exces-
gine or rotor system speeds is critical, sive pressure resulting from altitude
the most critical of these frequencies changes. If flexible tank liners are in-
must be the test frequency. stalled, the venting arrangement for
(4) Under paragraphs (d)(3)(ii) and the spaces between the liner and its
(iii) of this section, the time of test container must maintain the proper re-
must be adjusted to accomplish the lationship to tank vent pressures for
same number of vibration cycles as any expected flight condition.
would be accomplished in 25 hours at (c) The location of each tank must
the frequency specified in paragraph meet the requirements of § 27.1185 (a)
(d)(3)(i) of this section. and (c).
(5) During the test, the tank assem- (d) No rotorcraft skin immediately
bly must be rocked at the rate of 16 to adjacent to a major air outlet from the
20 complete cycles per minute through engine compartment may act as the
an angle of 15 degrees on both sides of wall of the integral tank.
the horizontal (30 degrees total), about [Doc. No. 26352, 59 FR 50387, Oct. 3, 1994]
the most critical axis, for 25 hours. If
motion about more than one axis is § 27.969 Fuel tank expansion space.
likely to be critical, the tank must be Each fuel tank or each group of fuel
lhorne on DSKJLZT7X2PROD with CFR

tanks with interconnected vent sys-


tems must have an expansion space of

534

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00544 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.993

not less than 2 percent of the tank ca- space so that venting is effective under
pacity. It must be impossible to fill the all normal flight conditions. Each vent
fuel tank expansion space inadvert- must minimize the probability of stop-
ently with the rotorcraft in the normal page by dirt or ice.
ground attitude. (b) The venting system must be de-
[Amdt. 27–23, 53 FR 34213, Sept. 2, 1988]
signed to minimize spillage of fuel
through the vents to an ignition source
§ 27.971 Fuel tank sump. in the event of a rollover during land-
ing, ground operation, or a survivable
(a) Each fuel tank must have a drain-
impact.
able sump with an effective capacity in
any ground attitude to be expected in [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
service of 0.25 percent of the tank ca- amended by Amdt. 27–23, 53 FR 34213, Sept. 2,
pacity or 1⁄16 gallon, whichever is great- 1988; Amdt. 27–30, 59 FR 50387, Oct. 3, 1994;
er, unless— Amdt. 27–35, 63 FR 43285, Aug. 12, 1998]
(1) The fuel system has a sediment
§ 27.977 Fuel tank outlet.
bowl or chamber that is accessible for
preflight drainage and has a minimum (a) There must be a fuel stainer for
capacity of 1 ounce for every 20 gallons the fuel tank outlet or for the booster
of fuel tank capacity; and pump. This strainer must—
(2) Each fuel tank drain is located so (1) For reciprocating engine powered
that in any ground attitude to be ex- rotorcraft, have 8 to 16 meshes per
pected in service, water will drain from inch; and
all parts of the tank to the sediment (2) For turbine engine powered rotor-
bowl or chamber. craft, prevent the passage of any object
(b) Each sump, sediment bowl, and that could restrict fuel flow or damage
sediment chamber drain required by any fuel system component.
this section must comply with the (b) The clear area of each fuel tank
drain provisions of § 27.999(b). outlet strainer must be at least five
times the area of the outlet line.
[Amdt. 27–23, 53 FR 34213, Sept. 2, 1988]
(c) The diameter of each strainer
§ 27.973 Fuel tank filler connection. must be at least that of the fuel tank
outlet.
(a) Each fuel tank filler connection (d) Each finger strainer must be ac-
must prevent the entrance of fuel into
cessible for inspection and cleaning.
any part of the rotorcraft other than
the tank itself during normal oper- [Amdt. 27–11, 41 FR 55470, Dec. 20, 1976]
ations and must be crash resistant dur-
ing a survivable impact in accordance FUEL SYSTEM COMPONENTS
with § 27.952(c). In addition—
§ 27.991 Fuel pumps.
(1) Each filler must be marked as pre-
scribed in § 27.1557(c)(1); Compliance with § 27.955 may not be
(2) Each recessed filler connection jeopardized by failure of—
that can retain any appreciable quan- (a) Any one pump except pumps that
tity of fuel must have a drain that dis- are approved and installed as parts of a
charges clear of the entire rotorcraft; type certificated engine; or
and (b) Any component required for pump
(3) Each filler cap must provide a operation except, for engine driven
fuel-tight seal under the fluid pressure pumps, the engine served by that
expected in normal operation and in a pump.
survivable impact. [Amdt. 27–23, 53 FR 34213, Sept. 2, 1988]
(b) Each filler cap or filler cap cover
must warn when the cap is not fully § 27.993 Fuel system lines and fittings.
locked or seated on the filler connec-
(a) Each fuel line must be installed
tion.
and supported to prevent excessive vi-
[Doc. No. 26352, 59 FR 50387, Oct. 3, 1994] bration and to withstand loads due to
fuel pressure and accelerated flight
§ 27.975 Fuel tank vents. conditions.
lhorne on DSKJLZT7X2PROD with CFR

(a) Each fuel tank must be vented (b) Each fuel line connected to com-
from the top part of the expansion ponents of the rotorcraft between

535

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00545 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.995 14 CFR Ch. I (1–1–22 Edition)

which relative motion could exist must fuel system or engine fuel system oper-
have provisions for flexibility. ation.
(c) Flexible hose must be approved.
(d) Each flexible connection in fuel [Amdt. 27–9, 39 FR 35461, Oct. 1, 1974, as
amended by Amdt. 27–20, 49 FR 6849, Feb. 23,
lines that may be under pressure or
1984; Amdt. 27–23, 53 FR 34213, Sept. 2, 1988]
subjected to axial loading must use
flexible hose assemblies. § 27.999 Fuel system drains.
(e) No flexible hose that might be ad-
versely affected by high temperatures (a) There must be at least one acces-
may be used where excessive tempera- sible drain at the lowest point in each
tures will exist during operation or fuel system to completely drain the
after engine shutdown. system with the rotorcraft in any
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as ground attitude to be expected in serv-
amended by Amdt. 27–2, 33 FR 964, Jan. 26, ice.
1968] (b) Each drain required by paragraph
(a) of this section must—
§ 27.995 Fuel valves. (1) Discharge clear of all parts of the
(a) There must be a positive, quick- rotorcraft;
acting valve to shut off fuel to each en- (2) Have manual or automatic means
gine individually. to assure positive closure in the off po-
(b) The control for this valve must be sition; and
within easy reach of appropriate crew- (3) Have a drain valve—
members.
(i) That is readily accessible and
(c) Where there is more than one
source of fuel supply there must be which can be easily opened and closed;
means for independent feeding from and
each source. (ii) That is either located or pro-
(d) No shutoff valve may be on the tected to prevent fuel spillage in the
engine side of any firewall. event of a landing with landing gear re-
tracted.
§ 27.997 Fuel strainer or filter.
[Doc. No. 574, 29 FR 15695, Nov. 24, 1964, as
There must be a fuel strainer or filter amended by Amdt. 27–11, 41 FR 55470, Dec. 20,
between the fuel tank outlet and the 1976; Amdt. 27–23, 53 FR 34213, Sept. 2, 1988]
inlet of the first fuel system compo-
nent which is susceptible to fuel con- OIL SYSTEM
tamination, including but not limited
to the fuel metering device or an en- § 27.1011 Engines: General.
gine positive displacement pump, (a) Each engine must have an inde-
whichever is nearer the fuel tank out- pendent oil system that can supply it
let. This fuel strainer or filter must— with an appropriate quantity of oil at a
(a) Be accessible for draining and
temperature not above that safe for
cleaning and must incorporate a screen
continuous operation.
or element which is easily removable;
(b) Have a sediment trap and drain (b) The usable oil capacity of each
except that it need not have a drain if system may not be less than the prod-
the strainer or filter is easily remov- uct of the endurance of the rotorcraft
able for drain purposes; under critical operating conditions and
(c) Be mounted so that its weight is the maximum oil consumption of the
not supported by the connecting lines engine under the same conditions, plus
or by the inlet or outlet connections of a suitable margin to ensure adequate
the strainer or filter itself, unless ade- circulation and cooling. Instead of a ra-
quate strength margins under all load- tional analysis of endurance and con-
ing conditions are provided in the lines sumption, a usable oil capacity of one
and connections; and gallon for each 40 gallons of usable fuel
(d) Provide a means to remove from may be used.
the fuel any contaminant which would (c) The oil cooling provisions for each
jeopardize the flow of fuel through
lhorne on DSKJLZT7X2PROD with CFR

engine must be able to maintain the oil


rotorcraft or engine fuel system com- inlet temperature to that engine at or
ponents required for proper rotorcraft

536

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00546 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.1021

below the maximum established value. § 27.1019 Oil strainer or filter.


This must be shown by flight tests.
(a) Each turbine engine installation
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as must incorporate an oil strainer or fil-
amended by Amdt. 27–23, 53 FR 34213, Sept. 2, ter through which all of the engine oil
1988]
flows and which meets the following re-
§ 27.1013 Oil tanks. quirements:
(1) Each oil strainer or filter that has
Each oil tank must be designed and
a bypass must be constructed and in-
installed so that—
(a) It can withstand, without failure, stalled so that oil will flow at the nor-
each vibration, inertia, fluid, and mal rate through the rest of the sys-
structural load expected in operation; tem with the strainer or filter com-
(b) [Reserved] pletely blocked.
(c) Where used with a reciprocating (2) The oil strainer or filter must
engine, it has an expansion space of not have the capacity (with respect to op-
less than the greater of 10 percent of erating limitations established for the
the tank capacity or 0.5 gallon, and engine) to ensure that engine oil sys-
where used with a turbine engine, it tem functioning is not impaired when
has an expansion space of not less than the oil is contaminated to a degree
10 percent of the tank capacity. (with respect to particle size and den-
(d) It is impossible to fill the tank sity) that is greater than that estab-
expansion space inadvertently with the lished for the engine under Part 33 of
rotorcraft in the normal ground atti- this chapter.
tude; (3) The oil strainer or filter, unless it
(e) Adequate venting is provided; and is installed at an oil tank outlet, must
(f) There are means in the filler open- incorporate a means to indicate con-
ing to prevent oil overflow from enter- tamination before it reaches the capac-
ing the oil tank compartment. ity established in accordance with
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as paragraph (a)(2) of this section.
amended by Amdt. 27–9, 39 FR 35461, Oct. 1, (4) The bypass of a strainer or filter
1974] must be constructed and installed so
that the release of collected contami-
§ 27.1015 Oil tank tests.
nants is minimized by appropriate lo-
Each oil tank must be designed and cation of the bypass to ensure that col-
installed so that it can withstand, lected contaminants are not in the by-
without leakage, an internal pressure pass flow path.
of 5 p.s.i., except that each pressurized (5) An oil strainer or filter that has
oil tank used with a turbine engine no bypass, except one that is installed
must be designed and installed so that
at an oil tank outlet, must have a
it can withstand, without leakage, an
means to connect it to the warning
internal pressure of 5 p.s.i., plus the
system required in § 27.1305(r).
maximum operating pressure of the
tank. (b) Each oil strainer or filter in a
powerplant installation using recipro-
[Amdt. 27–9, 39 FR 35462, Oct. 1, 1974] cating engines must be constructed and
installed so that oil will flow at the
§ 27.1017 Oil lines and fittings.
normal rate through the rest of the
(a) Each oil line must be supported to system with the strainer or filter ele-
prevent excessive vibration. ment completely blocked.
(b) Each oil line connected to compo-
nents of the rotorcraft between which [Amdt. 27–9, 39 FR 35462, Oct. 1, 1974, as
relative motion could exist must have amended by Amdt. 27–20, 49 FR 6849, Feb. 23,
1984; Amdt. 27–23, 53 FR 34213, Sept. 2, 1988]
provisions for flexibility.
(c) Flexible hose must be approved. § 27.1021 Oil system drains.
(d) Each oil line must have an inside
diameter of not less than the inside di- A drain (or drains) must be provided
ameter of the engine inlet or outlet. No to allow safe drainage of the oil sys-
lhorne on DSKJLZT7X2PROD with CFR

line may have splices between connec- tem. Each drain must—
tions. (a) Be accessible; and

537

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00547 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.1027 14 CFR Ch. I (1–1–22 Edition)

(b) Have manual or automatic means (e) Splash-type lubrication systems


for positive locking in the closed posi- for rotor drive system gearboxes must
tion. comply with §§ 27.1021 and 27.1337(d).
[Amdt. 27–20, 49 FR 6849, Feb. 23, 1984] [Amdt. 27–23, 53 FR 34213, Sept. 2, 1988, as
amended by Amdt. 27–37, 64 FR 45095, Aug. 18,
§ 27.1027 Transmissions and gear- 1999]
boxes: General.
COOLING
(a) The lubrication system for com-
ponents of the rotor drive system that § 27.1041 General.
require continuous lubrication must be (a) Each powerplant cooling system
sufficiently independent of the lubrica- must be able to maintain the tempera-
tion systems of the engine(s) to ensure tures of powerplant components within
lubrication during autorotation. the limits established for these compo-
(b) Pressure lubrication systems for nents under critical surface (ground or
transmissions and gearboxes must water) and flight operating conditions
comply with the engine oil system re- for which certification is required and
quirements of §§ 27.1013 (except para- after normal shutdown. Powerplant
graph (c)), 27.1015, 27.1017, 27.1021, and components to be considered include
but may not be limited to engines,
27.1337(d).
rotor drive system components, auxil-
(c) Each pressure lubrication system iary power units, and the cooling or lu-
must have an oil strainer or filter bricating fluids used with these compo-
through which all of the lubricant nents.
flows and must— (b) Compliance with paragraph (a) of
(1) Be designed to remove from the this section must be shown in tests
lubricant any contaminant which may conducted under the conditions pre-
damage transmission and drive system scribed in that paragraph.
components or impede the flow of lu-
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
bricant to a hazardous degree; amended by Amdt. 27–23, 53 FR 34213, Sept. 2,
(2) Be equipped with a means to indi- 1988]
cate collection of contaminants on the
filter or strainer at or before opening § 27.1043 Cooling tests.
of the bypass required by paragraph (a) General. For the tests prescribed
(c)(3) of this section; and in § 27.1041(b), the following apply:
(3) Be equipped with a bypass con- (1) If the tests are conducted under
structed and installed so that— conditions deviating from the max-
(i) The lubricant will flow at the nor- imum ambient atmospheric tempera-
mal rate through the rest of the sys- ture specified in paragraph (b) of this
tem with the strainer or filter com- section, the recorded powerplant tem-
pletely blocked; and peratures must be corrected under
(ii) The release of collected contami- paragraphs (c) and (d) of this section
nants is minimized by appropriate lo- unless a more rational correction
cation of the bypass to ensure that col- method is applicable.
(2) No corrected temperature deter-
lected contaminants are not in the by-
mined under paragraph (a)(1) of this
pass flowpath.
section may exceed established limits.
(d) For each lubricant tank or sump (3) For reciprocating engines, the fuel
outlet supplying lubrication to rotor used during the cooling tests must be
drive systems and rotor drive system of the minimum grade approved for the
components, a screen must be provided engines, and the mixture settings must
to prevent entrance into the lubrica- be those normally used in the flight
tion system of any object that might stages for which the cooling tests are
obstruct the flow of lubricant from the conducted.
outlet to the filter required by para- (4) The test procedures must be as
graph (c) of this section. The require- prescribed in § 27.1045.
ments of paragraph (c) do not apply to (b) Maximum ambient atmospheric tem-
lhorne on DSKJLZT7X2PROD with CFR

screens installed at lubricant tank or perature. A maximum ambient atmos-


sump outlets. pheric temperature corresponding to

538

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00548 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.1091

sea level conditions of at least 100 de- engine fluid temperature stabilization
grees F. must be established. The as- rules apply:
sumed temperature lapse rate is 3.6 de- (1) For each rotorcraft, and for each
grees F. per thousand feet of altitude stage of flight—
above sea level until a temperature of (i) The temperatures must be sta-
¥69.7 degrees F. is reached, above bilized under the conditions from
which altitude the temperature is con- which entry is made into the stage of
sidered constant at ¥69.7 degrees F. flight being investigated; or
However, for winterization installa- (ii) If the entry condition normally
tions, the applicant may select a max- does not allow temperatures to sta-
imum ambient atmospheric tempera- bilize, operation through the full entry
ture corresponding to sea level condi- condition must be conducted before
tions of less than 100 degrees F. entry into the stage of flight being in-
(c) Correction factor (except cylinder vestigated in order to allow the tem-
barrels). Unless a more rational correc- peratures to attain their natural levels
tion applies, temperatures of engine at the time of entry.
fluids and power-plant components (ex- (2) For each helicopter during the
cept cylinder barrels) for which tem- takeoff stage of flight, the climb at
perature limits are established, must takeoff power must be preceded by a
be corrected by adding to them the dif- period of hover during which the tem-
ference between the maximum ambient peratures are stabilized.
atmospheric temperature and the tem- (c) Duration of test. For each stage of
perature of the ambient air at the time flight the tests must be continued
of the first occurrence of the maximum until—
component or fluid temperature re- (1) The temperatures stabilize or 5
corded during the cooling test. minutes after the occurrence of the
(d) Correction factor for cylinder barrel highest temperature recorded, as ap-
temperatures. Cylinder barrel tempera- propriate to the test condition;
tures must be corrected by adding to (2) That stage of flight is completed;
them 0.7 times the difference between or
the maximum ambient atmospheric (3) An operating limitation is
temperature and the temperature of reached.
the ambient air at the time of the first
occurrence of the maximum cylinder [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
barrel temperature recorded during the amended by Amdt. 27–23, 53 FR 34214, Sept. 2,
1988]
cooling test.
(Secs. 313(a), 601, 603, 604, and 605 of the Fed- INDUCTION SYSTEM
eral Aviation Act of 1958 (49 U.S.C. 1354(a),
1421, 1423, 1424, and 1425); and sec. 6(c) of the § 27.1091 Air induction.
Dept. of Transportation Act (49 U.S.C. (a) The air induction system for each
1655(c)))
engine must supply the air required by
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as that engine under the operating condi-
amended by Amdt. 27–11, 41 FR 55470, Dec. 20, tions and maneuvers for which certifi-
1976; Amdt. 27–14, 43 FR 2325, Jan. 16, 1978] cation is requested.
(b) Each cold air induction system
§ 27.1045 Cooling test procedures. opening must be outside the cowling if
(a) General. For each stage of flight, backfire flames can emerge.
the cooling tests must be conducted (c) If fuel can accumulate in any air
with the rotorcraft— induction system, that system must
(1) In the configuration most critical have drains that discharge fuel—
for cooling; and (1) Clear of the rotorcraft; and
(2) Under the conditions most critical (2) Out of the path of exhaust flames.
for cooling. (d) For turbine engine powered rotor-
(b) Temperature stabilization. For the craft—
purpose of the cooling tests, a tempera- (1) There must be means to prevent
ture is ‘‘stabilized’’ when its rate of hazardous quantities of fuel leakage or
lhorne on DSKJLZT7X2PROD with CFR

change is less than two degrees F. per overflow from drains, vents, or other
minute. The following component and components of flammable fluid systems

539

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00549 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.1093 14 CFR Ch. I (1–1–22 Edition)

from entering the engine intake sys- ation, within the limitations estab-
tem; and lished for the rotorcraft.
(2) The air inlet ducts must be lo- (2) Each turbine engine must idle for
cated or protected so as to minimize 30 minutes on the ground, with the air
the ingestion of foreign matter during bleed available for engine icing protec-
takeoff, landing, and taxiing. tion at its critical condition, without
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as adverse effect, in an atmosphere that is
amended by Amdt. 27–2, 33 FR 964, Jan. 26, at a temperature between 15° and 30 °F
1968; Amdt. 27–23, 53 FR 34214, Sept. 2, 1988] (between ¥9° and ¥1 °C) and has a liq-
uid water content not less than 0.3
§ 27.1093 Induction system icing pro- gram per cubic meter in the form of
tection. drops having a mean effective diameter
(a) Reciprocating engines. Each recip- not less than 20 microns, followed by
rocating engine air induction system momentary operation at takeoff power
must have means to prevent and elimi- or thrust. During the 30 minutes of idle
nate icing. Unless this is done by other operation, the engine may be run up
means, it must be shown that, in air periodically to a moderate power or
free of visible moisture at a tempera- thrust setting in a manner acceptable
ture of 30 degrees F., and with the en- to the Administrator.
gines at 75 percent of maximum contin- (c) Supercharged reciprocating engines.
uous power— For each engine having superchargers
(1) Each rotorcraft with sea level en- to pressurize the air before it enters
gines using conventional venturi car- the carburetor, the heat rise in the air
buretors has a preheater that can pro- caused by that supercharging at any
vide a heat rise of 90 degrees F.; altitude may be utilized in determining
(2) Each rotorcraft with sea level en- compliance with paragraph (a) of this
gines using carburetors tending to pre- section if the heat rise utilized is that
vent icing has a sheltered alternate which will be available, automatically,
source of air, and that the preheat sup- for the applicable altitude and oper-
plied to the alternate air intake is not ating condition because of super-
less than that provided by the engine charging.
cooling air downstream of the cyl-
inders; (Secs. 313(a), 601, and 603, 72 Stat. 752, 775, 49
U.S.C. 1354(a), 1421, and 1423; sec. 6(c), 49
(3) Each rotorcraft with altitude en-
U.S.C. 1655(c))
gines using conventional venturi car-
buretors has a preheater capable of [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
providing a heat rise of 120 degrees F.; amended by Amdt. 27–11, 41 FR 55470, Dec. 20,
and 1976; Amdt. 27–12, 42 FR 15045, Mar. 17, 1977;
Amdt. 27–20, 49 FR 6849, Feb. 23, 1984; Amdt.
(4) Each rotorcraft with altitude en- 27–23, 53 FR 34214, Sept. 2, 1988]
gines using carburetors tending to pre-
vent icing has a preheater that can EXHAUST SYSTEM
provide a heat rise of—
(i) 100 degrees F.; or § 27.1121 General.
(ii) If a fluid deicing system is used,
at least 40 degrees F. For each exhaust system—
(b) Turbine engine. (1) It must be (a) There must be means for thermal
shown that each turbine engine and its expansion of manifolds and pipes;
air inlet system can operate through- (b) There must be means to prevent
out the flight power range of the en- local hot spots;
gine (including idling)— (c) Exhaust gases must discharge
(i) Without accumulating ice on en- clear of the engine air intake, fuel sys-
gine or inlet system components that tem components, and drains;
would adversely affect engine oper- (d) Each exhaust system part with a
ation or cause a serious loss of power surface hot enough to ignite flammable
under the icing conditions specified in fluids or vapors must be located or
appendix C of Part 29 of this chapter; shielded so that leakage from any sys-
and tem carrying flammable fluids or va-
lhorne on DSKJLZT7X2PROD with CFR

(ii) In snow, both falling and blowing, pors will not result in a fire caused by
without adverse effect on engine oper- impingement of the fluids or vapors on

540

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00550 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.1143

any part of the exhaust system includ- (2) For power-assisted valves, a
ing shields for the exhaust system; means to indicate to the flight crew
(e) Exhaust gases may not impair when the valve—
pilot vision at night due to glare; (i) Is in the fully open or fully closed
(f) If significant traps exist, each tur- position; or
bine engine exhaust system must have (ii) Is moving between the fully open
drains discharging clear of the rotor- and fully closed position.
craft, in any normal ground and flight (e) For turbine engine powered rotor-
attitudes, to prevent fuel accumulation craft, no single failure or malfunction,
after the failure of an attempted en- or probable combination thereof, in
gine start; any powerplant control system may
(g) Each exhaust heat exchanger cause the failure of any powerplant
must incorporate means to prevent function necessary for safety.
blockage of the exhaust port after any
internal heat exchanger failure. (Secs. 313(a), 601, and 603, 72 Stat. 752, 775, 49
U.S.C. 1354(a), 1421, and 1423; sec. 6(c), 49
(Secs. 313(a), 601, and 603, 72 Stat. 752, 775, 49 U.S.C. 1655(c))
U.S.C. 1354(a), 1421, and 1423; sec. 6(c), 49
U.S.C. 1655(c)) [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
amended by Amdt. 27–12, 42 FR 15045, Mar. 17,
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as 1977; Amdt. 27–23, 53 FR 34214, Sept. 2, 1988;
amended by Amdt. 27–12, 42 FR 15045, Mar. 17, Amdt. 27–33, 61 FR 21907, May 10, 1996]
1977]
§ 27.1143 Engine controls.
§ 27.1123 Exhaust piping.
(a) There must be a separate power
(a) Exhaust piping must be heat and
control for each engine.
corrosion resistant, and must have pro-
visions to prevent failure due to expan- (b) Power controls must be grouped
sion by operating temperatures. and arranged to allow—
(b) Exhaust piping must be supported (1) Separate control of each engine;
to withstand any vibration and inertia and
loads to which it would be subjected in (2) Simultaneous control of all en-
operations. gines.
(c) Exhaust piping connected to com- (c) Each power control must provide
ponents between which relative motion a positive and immediately responsive
could exist must have provisions for means of controlling its engine.
flexibility. (d) If a power control incorporates a
fuel shutoff feature, the control must
[Amdt. 27–11, 41 FR 55470, Dec. 20, 1976]
have a means to prevent the inad-
POWERPLANT CONTROLS AND vertent movement of the control into
ACCESSORIES the shutoff position. The means must—
(1) Have a positive lock or stop at the
§ 27.1141 Powerplant controls: general. idle position; and
(a) Powerplant controls must be lo- (2) Require a separate and distinct
cated and arranged under § 27.777 and operation to place the control in the
marked under § 27.1555. shutoff position.
(b) Each flexible powerplant control (e) For rotorcraft to be certificated
must be approved. for a 30-second OEI power rating, a
(c) Each control must be able to means must be provided to automati-
maintain any set position without— cally activate and control the 30-sec-
(1) Constant attention; or ond OEI power and prevent any engine
(2) Tendency to creep due to control from exceeding the installed engine
loads or vibration. limits associated with the 30-second
(d) Controls of powerplant valves re- OEI power rating approved for the
quired for safety must have— rotorcraft.
(1) For manual valves, positive stops [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
or in the case of fuel valves suitable amended by Amdt. 27–11, 41 FR 55470, Dec. 20,
lhorne on DSKJLZT7X2PROD with CFR

index provisions, in the open and closed 1976; Amdt. 27–23, 53 FR 34214, Sept. 2, 1988;
position; and Amdt. 27–29, 59 FR 47767, Sept. 16, 1994]

541

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00551 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.1145 14 CFR Ch. I (1–1–22 Edition)

§ 27.1145 Ignition switches. POWERPLANT FIRE PROTECTION


(a) There must be means to quickly § 27.1183 Lines, fittings, and compo-
shut off all ignition by the grouping of nents.
switches or by a master ignition con-
trol. (a) Except as provided in paragraph
(b) Each group of ignition switches, (b) of this section, each line, fitting,
except ignition switches for turbine en- and other component carrying flam-
gines for which continuous ignition is mable fluid in any area subject to en-
not required, and each master ignition gine fire conditions must be fire resist-
control must have a means to prevent ant, except that flammable fluid tanks
its inadvertent operation. and supports which are part of and at-
tached to the engine must be fireproof
(Secs. 313(a), 601, and 603, 72 Stat. 752, 775, 49 or be enclosed by a fireproof shield un-
U.S.C. 1354(a), 1421, and 1423; sec. 6(c), 49 less damage by fire to any non-fire-
U.S.C. 1655(c)) proof part will not cause leakage or
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as spillage of flammable fluid. Compo-
amended by Amdt. 27–12, 42 FR 15045, Mar. 17, nents must be shielded or located so as
1977] to safeguard against the ignition of
leaking flammable fluid. An integral
§ 27.1147 Mixture controls. oil sump of less than 25-quart capacity
If there are mixture controls, each on a reciprocating engine need not be
engine must have a separate control fireproof nor be enclosed by a fireproof
and the controls must be arranged to shield.
allow— (b) Paragraph (a) does not apply to—
(a) Separate control of each engine; (1) Lines, fittings, and components
and which are already approved as part of a
(b) Simultaneous control of all en- type certificated engine; and
gines. (2) Vent and drain lines, and their fit-
tings, whose failure will not result in,
§ 27.1151 Rotor brake controls. or add to, a fire hazard.
(a) It must be impossible to apply the (c) Each flammable fluid drain and
rotor brake inadvertently in flight. vent must discharge clear of the induc-
(b) There must be means to warn the tion system air inlet.
crew if the rotor brake has not been [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
completely released before takeoff. amended by Amdt. 27–1, 32 FR 6914, May 5,
1967; Amdt. 27–9, 39 FR 35462, Oct. 1, 1974;
[Doc. No. 28008, 61 FR 21907, May 10, 1996] Amdt. 27–20, 49 FR 6849, Feb. 23, 1984]
§ 27.1163 Powerplant accessories. § 27.1185 Flammable fluids.
(a) Each engine-mounted accessory (a) Each fuel tank must be isolated
must— from the engines by a firewall or
(1) Be approved for mounting on the shroud.
engine involved; (b) Each tank or reservoir, other
(2) Use the provisions on the engine than a fuel tank, that is part of a sys-
for mounting; and tem containing flammable fluids or
(3) Be sealed in such a way as to pre- gases must be isolated from the engine
vent contamination of the engine oil by a firewall or shroud, unless the de-
system and the accessory system. sign of the system, the materials used
(b) Unless other means are provided, in the tank and its supports, the shut-
torque limiting means must be pro- off means, and the connections, lines
vided for accessory drives located on and controls provide a degree of safety
any component of the transmission and equal to that which would exist if the
rotor drive system to prevent damage tank or reservoir were isolated from
to these components from excessive ac- the engines.
cessory load. (c) There must be at least one-half
inch of clear airspace between each
lhorne on DSKJLZT7X2PROD with CFR

[Amdt. 27–2, 33 FR 964, Jan. 26, 1968, as


amended by Amdt. 27–20, 49 FR 6849, Feb. 23, tank and each firewall or shroud iso-
1984; Amdt. 27–23, 53 FR 34214, Sept. 2, 1988] lating that tank, unless equivalent

542

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00552 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.1193

means are used to prevent heat trans- § 27.1191 Firewalls.


fer from each engine compartment to (a) Each engine, including the com-
the flammable fluid. bustor, turbine, and tailpipe sections of
(d) Absorbent materials close to turbine engines must be isolated by a
flammable fluid system components firewall, shroud, or equivalent means,
that might leak must be covered or from personnel compartments, struc-
treated to prevent the absorption of tures, controls, rotor mechanisms, and
hazardous quantities of fluids. other parts that are—
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
(1) Essential to a controlled landing:
amended by Amdt. 27–2, 33 FR 964, Jan. 26, and
1968; Amdt. 27–11, 41 FR 55470, Dec. 20, 1976; (2) Not protected under § 27.861.
Amdt. 27–37, 64 FR 45095, Aug. 18, 1999] (b) Each auxiliary power unit and
combustion heater, and any other com-
§ 27.1187 Ventilation and drainage. bustion equipment to be used in flight,
must be isolated from the rest of the
Each compartment containing any
rotorcraft by firewalls, shrouds, or
part of the powerplant installation equivalent means.
must have provision for ventilation (c) In meeting paragraphs (a) and (b)
and drainage of flammable fluids. The of this section, account must be taken
drainage means must be— of the probable path of a fire as af-
(a) Effective under conditions ex- fected by the airflow in normal flight
pected to prevail when drainage is and in autorotation.
needed, and (d) Each firewall and shroud must be
(b) Arranged so that no discharged constructed so that no hazardous quan-
fluid will cause an additional fire haz- tity of air, fluids, or flame can pass
ard. from any engine compartment to other
parts of the rotorcraft.
[Doc. No. 29247, 64 FR 45095, Aug. 18, 1999]
(e) Each opening in the firewall or
shroud must be sealed with close-fit-
§ 27.1189 Shutoff means.
ting, fireproof grommets, bushings, or
(a) There must be means to shut off firewall fittings.
each line carrying flammable fluids (f) Each firewall and shroud must be
into the engine compartment, except— fireproof and protected against corro-
(1) Lines, fittings, and components sion.
forming an intergral part of an engine; [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
(2) For oil systems for which all com- amended by Amdt. 27–2, 22 FR 964, Jan. 26,
ponents of the system, including oil 1968]
tanks, are fireproof or located in areas
not subject to engine fire conditions; § 27.1193 Cowling and engine compart-
ment covering.
and
(3) For reciprocating engine installa- (a) Each cowling and engine compart-
tions only, engine oil system lines in ment covering must be constructed and
installation using engines of less than supported so that it can resist the vi-
500 cu. in. displacement. bration, inertia, and air loads to which
it may be subjected in operation.
(b) There must be means to guard
(b) There must be means for rapid
against inadvertent operation of each
and complete drainage of each part of
shutoff, and to make it possible for the
the cowling or engine compartment in
crew to reopen it in flight after it has
the normal ground and flight attitudes.
been closed. (c) No drain may discharge where it
(c) Each shutoff valve and its control might cause a fire hazard.
must be designed, located, and pro- (d) Each cowling and engine compart-
tected to function properly under any ment covering must be at least fire re-
condition likely to result from an en- sistant.
gine fire. (e) Each part of the cowling or engine
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as compartment covering subject to high
amended by Amdt. 27–2, 33 FR 964, Jan. 26, temperatures due to its nearness to ex-
lhorne on DSKJLZT7X2PROD with CFR

1968; Amdt. 27–20, 49 FR 6850, Feb. 23, 1984; haust system parts or exhaust gas im-
Amdt. 27–23, 53 FR 34214, Sept. 2, 1988] pingement must be fireproof.

543

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00553 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.1194 14 CFR Ch. I (1–1–22 Edition)

(f) A means of retaining each open- § 27.1305 Powerplant instruments.


able or readily removable panel, cowl-
The following are the required power-
ing, or engine or rotor drive system
covering must be provided to preclude plant instruments:
hazardous damage to rotors or critical (a) A carburetor air temperature in-
control components in the event of dicator, for each engine having a pre-
structural or mechanical failure of the heater that can provide a heat rise in
normal retention means, unless such excess of 60 °F.
failure is extremely improbable. (b) A cylinder head temperature indi-
cator, for each—
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
(1) Air cooled engine;
amended by Amdt. 27–23, 53 FR 34214, Sept. 2,
1988] (2) Rotorcraft with cooling shutters;
and
§ 27.1194 Other surfaces. (3) Rotorcraft for which compliance
All surfaces aft of, and near, power- with § 27.1043 is shown in any condition
plant compartments, other than tail other than the most critical flight con-
surfaces not subject to heat, flames, or dition with respect to cooling.
sparks emanating from a powerplant (c) A fuel pressure indicator, for each
compartment, must be at least fire re- pump-fed engine.
sistant. (d) A fuel quantity indicator, for each
fuel tank.
[Amdt. 27–2, 33 FR 964, Jan. 26, 1968]
(e) A manifold pressure indicator, for
§ 27.1195 Fire detector systems. each altitude engine.
(f) An oil temperature warning device
Each turbine engine powered rotor- to indicate when the temperature ex-
craft must have approved quick-acting ceeds a safe value in each main rotor
fire detectors in numbers and locations drive gearbox (including any gearboxes
insuring prompt detection of fire in the essential to rotor phasing) having an
engine compartment which cannot be oil system independent of the engine
readily observed in flight by the pilot
oil system.
in the cockpit.
(g) An oil pressure warning device to
[Amdt. 27–5, 36 FR 5493, Mar. 24, 1971] indicate when the pressure falls below
a safe value in each pressure-lubricated
Subpart F—Equipment main rotor drive gearbox (including
any gearboxes essential to rotor phas-
GENERAL ing) having an oil system independent
of the engine oil system.
§ 27.1301 Function and installation. (h) An oil pressure indicator for each
Each item of installed equipment engine.
must— (i) An oil quantity indicator for each
(a) Be of a kind and design appro- oil tank.
priate to its intended function; (j) An oil temperature indicator for
(b) Be labeled as to its identification, each engine.
function, or operating limitations, or (k) At least one tachometer to indi-
any applicable combination of these cate the r.p.m. of each engine and, as
factors; applicable—
(c) Be installed according to limita- (1) The r.p.m. of the single main
tions specified for that equipment; and rotor;
(d) Function properly when installed. (2) The common r.p.m. of any main
rotors whose speeds cannot vary appre-
§ 27.1303 Flight and navigation instru- ciably with respect to each other; or
ments.
(3) The r.p.m. of each main rotor
The following are the required flight whose speed can vary appreciably with
and navigation instruments: respect to that of another main rotor.
(a) An airspeed indicator. (l) A low fuel warning device for each
lhorne on DSKJLZT7X2PROD with CFR

(b) An altimeter. fuel tank which feeds an engine. This


(c) A magnetic direction indicator. device must—

544

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00554 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.1316

(1) Provide a warning to the netic particles are detected by the chip
flightcrew when approximately 10 min- detector required by § 27.1337(e).
utes of usable fuel remains in the tank;
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
and amended by Amdt. 27–9, 39 FR 35462, Oct. 1,
(2) Be independent of the normal fuel 1974; Amdt. 27–23, 53 FR 34214, Sept. 2, 1988;
quantity indicating system. Amdt. 27–29, 59 FR 47767, Sept. 16, 1994; Amdt.
(m) Means to indicate to the 27–37, 64 FR 45095, Aug. 18, 1999; 64 FR 47563,
flightcrew the failure of any fuel pump Aug. 31, 1999]
installed to show compliance with
§ 27.1307 Miscellaneous equipment.
§ 27.955.
(n) A gas temperature indicator for The following is the required mis-
each turbine engine. cellaneous equipment:
(o) Means to enable the pilot to de- (a) An approved seat for each occu-
termine the torque of each turboshaft pant.
engine, if a torque limitation is estab- (b) An approved safety belt for each
lished for that engine under § 27.1521(e). occupant.
(p) For each turbine engine, an indi- (c) A master switch arrangement.
cator to indicate the functioning of the (d) An adequate source of electrical
powerplant ice protection system. energy, where electrical energy is nec-
essary for operation of the rotorcraft.
(q) An indicator for the fuel filter re-
(e) Electrical protective devices.
quired by § 27.997 to indicate the occur-
rence of contamination of the filter at § 27.1309 Equipment, systems, and in-
the degree established by the applicant stallations.
in compliance with § 27.955.
(a) The equipment, systems, and in-
(r) For each turbine engine, a warn-
stallations whose functioning is re-
ing means for the oil strainer or filter
quired by this subchapter must be de-
required by § 27.1019, if it has no bypass, signed and installed to ensure that
to warn the pilot of the occurrence of they perform their intended functions
contamination of the strainer or filter under any foreseeable operating condi-
before it reaches the capacity estab- tion.
lished in accordance with § 27.1019(a)(2). (b) The equipment, systems, and in-
(s) An indicator to indicate the func- stallations of a multiengine rotorcraft
tioning of any selectable or control- must be designed to prevent hazards to
lable heater used to prevent ice clog- the rotorcraft in the event of a prob-
ging of fuel system components. able malfunction or failure.
(t) For rotorcraft for which a 30-sec- (c) The equipment, systems, and in-
ond/2-minute OEI power rating is re- stallations of single-engine rotorcraft
quested, a means must be provided to must be designed to minimize hazards
alert the pilot when the engine is at to the rotorcraft in the event of a prob-
the 30-second and the 2-minute OEI able malfunction or failure.
power levels, when the event begins,
and when the time interval expires. [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
amended by Amdt. 27–21, 49 FR 44435, Nov. 6,
(u) For each turbine engine utilizing 1984; Amdt. 27–46, 76 FR 33135, June 8, 2011]
30-second/2-minute OEI power, a device
or system must be provided for use by § 27.1316 Electrical and electronic sys-
ground personnel which— tem lightning protection.
(1) Automatically records each usage (a) Each electrical and electronic
and duration of power at the 30-second system that performs a function, for
and 2-minute OEI levels; which failure would prevent the contin-
(2) Permits retrieval of the recorded ued safe flight and landing of the rotor-
data; craft, must be designed and installed so
(3) Can be reset only by ground main- that—
tenance personnel; and (1) The function is not adversely af-
(4) Has a means to verify proper oper- fected during and after the time the
ation of the system or device. rotorcraft is exposed to lightning; and
lhorne on DSKJLZT7X2PROD with CFR

(v) Warning or caution devices to sig- (2) The system automatically recov-
nal to the flight crew when ferromag- ers normal operation of that function

545

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00555 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.1317 14 CFR Ch. I (1–1–22 Edition)

in a timely manner after the rotorcraft posed to equipment HIRF test level 1
is exposed to lightning. or 2, as described in appendix D to this
(b) For rotorcraft approved for in- part.
strument flight rules operation, each (c) Each electrical and electronic sys-
electrical and electronic system that tem that performs a function whose
performs a function, for which failure failure would reduce the capability of
would reduce the capability of the the rotorcraft or the ability of the
rotorcraft or the ability of the flightcrew to respond to an adverse op-
flightcrew to respond to an adverse op-
erating condition, must be designed
erating condition, must be designed
and installed so that the function re- and installed so the system is not ad-
covers normal operation in a timely versely affected when the equipment
manner after the rotorcraft is exposed providing these functions is exposed to
to lightning. equipment HIRF test level 3, as de-
scribed in appendix D to this part.
[Doc. No. FAA–2010–0224, Amdt. 27–46, 76 FR
(d) Before December 1, 2012, an elec-
33135, June 8, 2011]
trical or electronic system that per-
§ 27.1317 High-intensity Radiated forms a function whose failure would
Fields (HIRF) Protection. prevent the continued safe flight and
(a) Except as provided in paragraph landing of a rotorcraft may be designed
(d) of this section, each electrical and and installed without meeting the pro-
electronic system that performs a func- visions of paragraph (a) provided—
tion whose failure would prevent the (1) The system has previously been
continued safe flight and landing of the shown to comply with special condi-
rotorcraft must be designed and in- tions for HIRF, prescribed under § 21.16,
stalled so that— issued before December 1, 2007;
(1) The function is not adversely af- (2) The HIRF immunity characteris-
fected during and after the time the tics of the system have not changed
rotorcraft is exposed to HIRF environ- since compliance with the special con-
ment I, as described in appendix D to ditions was demonstrated; and
this part; (3) The data used to demonstrate
(2) The system automatically recov-
compliance with the special conditions
ers normal operation of that function,
is provided.
in a timely manner, after the rotor-
craft is exposed to HIRF environment [Doc. No. FAA–2006–23657, 72 FR 44026, Aug. 6,
I, as described in appendix D to this 2007]
part, unless this conflicts with other
operational or functional requirements INSTRUMENTS: INSTALLATION
of that system;
(3) The system is not adversely af- § 27.1321 Arrangement and visibility.
fected during and after the time the (a) Each flight, navigation, and pow-
rotorcraft is exposed to HIRF environ- erplant instrument for use by any pilot
ment II, as described in appendix D to must be easily visible to him.
this part; and (b) For each multiengine rotorcraft,
(4) Each function required during op- identical powerplant instruments must
eration under visual flight rules is not
be located so as to prevent confusion as
adversely affected during and after the
to which engine each instrument re-
time the rotorcraft is exposed to HIRF
lates.
environment III, as described in appen-
dix D to this part. (c) Instrument panel vibration may
(b) Each electrical and electronic not damage, or impair the readability
system that performs a function whose or accuracy of, any instrument.
failure would significantly reduce the (d) If a visual indicator is provided to
capability of the rotorcraft or the abil- indicate malfunction of an instrument,
ity of the flightcrew to respond to an
adverse operating condition must be
designed and installed so the system is
lhorne on DSKJLZT7X2PROD with CFR

not adversely affected when the equip-


ment providing these functions is ex-

546

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00556 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.1325

it must be effective under all probable (2) Five knots.


cockpit lighting conditions.
(Secs. 313(a), 601, 603, 604, and 605 of the Fed-
(Secs. 313(a), 601, 603, 604, and 605 of the Fed- eral Aviation Act of 1958 (49 U.S.C. 1354(a),
eral Aviation Act of 1958 (49 U.S.C. 1354(a), 1421, 1423, 1424, and 1425); and sec. 6(c) of the
1421, 1423, 1424, and 1425); and sec. 6(c) of the Dept. of Transportation Act (49 U.S.C.
Dept. of Transportation Act (49 U.S.C. 1655(c)))
1655(c))) [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964; 29 amended by Amdt. 27–13, 42 FR 36972, July 18,
FR 17885, Dec. 17, 1964, as amended by Amdt. 1977]
27–13, 42 FR 36971, July 18, 1977]
§ 27.1325 Static pressure systems.
§ 27.1322 Warning, caution, and advi- (a) Each instrument with static air
sory lights.
case connections must be vented so
If warning, caution or advisory lights that the influence of rotorcraft speed,
are installed in the cockpit, they must, the opening and closing of windows,
unless otherwise approved by the Ad- airflow variation, and moisture or
ministrator, be— other foreign matter does not seriously
(a) Red, for warning lights (lights in- affect its accuracy.
dicating a hazard which may require (b) Each static pressure port must be
immediate corrective action): designed and located in such manner
(b) Amber, for caution lights (lights that the correlation between air pres-
indicating the possible need for future sure in the static pressure system and
corrective action); true ambient atmospheric static pres-
(c) Green, for safe operation lights; sure is not altered when the rotorcraft
and encounters icing conditions. An anti-
(d) Any other color, including white, icing means or an alternate source of
for lights not described in paragraphs static pressure may be used in showing
(a) through (c) of this section, provided compliance with this requirement. If
the color differs sufficiently from the the reading of the altimeter, when on
colors prescribed in paragraphs (a) the alternate static pressure system,
through (c) of this section to avoid pos- differs from the reading of the altim-
sible confusion. eter when on the primary static system
by more than 50 feet, a correction card
[Amdt. 27–11, 41 FR 55470, Dec. 20, 1976]
must be provided for the alternate
§ 27.1323 Airspeed indicating system. static system.
(c) Except as provided in paragraph
(a) Each airspeed indicating instru- (d) of this section, if the static pressure
ment must be calibrated to indicate system incorporates both a primary
true airspeed (at sea level with a stand- and an alternate static pressure source,
ard atmosphere) with a minimum prac- the means for selecting one or the
ticable instrument calibration error other source must be designed so
when the corresponding pitot and stat- that—
ic pressures are applied.
(1) When either source is selected, the
(b) The airspeed indicating system other is blocked off; and
must be calibrated in flight at forward
(2) Both sources cannot be blocked
speeds of 20 knots and over.
off simultaneously.
(c) At each forward speed above 80
(d) For unpressurized rotorcraft,
percent of the climbout speed, the air-
paragraph (c)(1) of this section does not
speed indicator must indicate true air-
apply if it can be demonstrated that
speed, at sea level with a standard at-
the static pressure system calibration,
mosphere, to within an allowable in-
when either static pressure source is
stallation error of not more than the
selected is not changed by the other
greater of—
(1) ±3 percent of the calibrated air-
lhorne on DSKJLZT7X2PROD with CFR

speed; or

547

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00557 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.1327 14 CFR Ch. I (1–1–22 Edition)

static pressure source being open or in relation to the control system it op-
blocked. erates.
(c) Each manually operated control
(Secs. 313(a), 601, 603, 604, and 605 of the Fed-
eral Aviation Act of 1958 (49 U.S.C. 1354(a), for the system’s operation must be
1421, 1423, 1424, and 1425); and sec. 6(c) of the readily accessible to the pilots.
Dept. of Transportation Act (49 U.S.C. (d) The system must be designed and
1655(c))) adjusted so that, within the range of
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as adjustment available to the pilot, it
amended by Amdt. 27–13, 42 FR 36972, July 18, cannot produce hazardous loads on the
1977] rotorcraft or create hazardous devi-
ations in the flight path under any
§ 27.1327 Magnetic direction indicator. flight condition appropriate to its use,
(a) Except as provided in paragraph either during normal operation or in
(b) of this section— the event of a malfunction, assuming
(1) Each magnetic direction indicator that corrective action begins within a
must be installed so that its accuracy reasonable period of time.
is not excessively affected by the (e) If the automatic pilot integrates
rotorcraft’s vibration or magnetic signals from auxiliary controls or fur-
fields; and nishes signals for operation of other
(2) The compensated installation may equipment, there must be positive
not have a deviation, in level flight, interlocks and sequencing of engage-
greater than 10 degrees on any heading. ment to prevent improper operation.
(b) A magnetic nonstabilized direc- (f) If the automatic pilot system can
tion indicator may deviate more than be coupled to airborne navigation
10 degrees due to the operation of elec- equipment, means must be provided to
trically powered systems such as elec- indicate to the pilots the current mode
trically heated windshields if either a of operation. Selector switch position
magnetic stabilized direction indi- is not acceptable as a means of indica-
cator, which does not have a deviation tion.
in level flight greater than 10 degrees [Amdt. 27–21, 49 FR 44435, Nov. 6, 1984, as
on any heading, or a gyroscopic direc- amended by Amdt. 27–35, 63 FR 43285, Aug. 12,
tion indicator, is installed. Deviations 1998]
of a magnetic nonstabilized direction
indicator of more than 10 degrees must § 27.1335 Flight director systems.
be placarded in accordance with If a flight director system is in-
§ 27.1547(e). stalled, means must be provided to in-
(Secs. 313(a), 601, 603, 604, and 605 of the Fed- dicate to the flight crew its current
eral Aviation Act of 1958 (49 U.S.C. 1354(a), mode of operation. Selector switch po-
1421, 1423, 1424, and 1425); and sec. 6(c) of the sition is not acceptable as a means of
Dept. of Transportation Act (49 U.S.C. indication.
1655(c)))
(Secs. 313(a), 601, 603, 604, and 605 of the Fed-
[Amdt. 27–13, 42 FR 36972, July 18, 1977] eral Aviation Act of 1958 (49 U.S.C. 1354(a),
1421, 1423, 1424, and 1425); and sec. 6(c) of the
§ 27.1329 Automatic pilot system. Dept. of Transportation Act (49 U.S.C.
1655(c)))
(a) Each automatic pilot system
must be designed so that the automatic [Amdt. 27–13, 42 FR 36972, July 18, 1977]
pilot can—
(1) Be sufficiently overpowered by § 27.1337 Powerplant instruments.
one pilot to allow control of the rotor- (a) Instruments and instrument lines.
craft; and (1) Each powerplant instrument line
(2) Be readily and positively dis- must meet the requirements of §§ 27.-
engaged by each pilot to prevent it 961 and 27.993.
from interfering with control of the (2) Each line carrying flammable
rotorcraft. fluids under pressure must—
(b) Unless there is automatic syn- (i) Have restricting orifices or other
chronization, each system must have a safety devices at the source of pressure
lhorne on DSKJLZT7X2PROD with CFR

means to readily indicate to the pilot to prevent the escape of excessive fluid
the alignment of the actuating device if the line fails; and

548

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00558 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.1351

(ii) Be installed and located so that (2) [Reserved]


the escape of fluids would not create a (Secs. 313(a), 601, and 603, 72 Stat. 752, 775, 49
hazard. U.S.C. 1354(a), 1421, and 1423; sec. 6(c) 49
(3) Each powerplant instrument that U.S.C. 1655(c))
utilizes flammable fluids must be in- [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
stalled and located so that the escape amended by Amdt. 27–12, 42 FR 15046, Mar. 17,
of fluid would not create a hazard. 1977; Amdt. 27–23, 53 FR 34214, Sept. 2, 1988;
(b) Fuel quantity indicator. Each fuel Amdt. 27–37, 64 FR 45095, Aug. 18, 1999]
quantity indicator must be installed to
ELECTRICAL SYSTEMS AND EQUIPMENT
clearly indicate to the flight crew the
quantity of fuel in each tank in flight. § 27.1351 General.
In addition—
(a) Electrical system capacity. Elec-
(1) Each fuel quantity indicator must trical equipment must be adequate for
be calibrated to read ‘‘zero’’ during its intended use. In addition—
level flight when the quantity of fuel (1) Electric power sources, their
remaining in the tank is equal to the transmission cables, and their associ-
unusable fuel supply determined under ated control and protective devices
§ 27.959; must be able to furnish the required
(2) When two or more tanks are close- power at the proper voltage to each
ly interconnected by a gravity feed sys- load circuit essential for safe oper-
tem and vented, and when it is impos- ation; and
sible to feed from each tank sepa- (2) Compliance with paragraph (a)(1)
rately, at least one fuel quantity indi- of this section must be shown by an
cator must be installed; and electrical load analysis, or by elec-
(3) Each exposed sight gauge used as trical measurements that take into ac-
a fuel quantity indicator must be pro- count the electrical loads applied to
tected against damage. the electrical system, in probable com-
(c) Fuel flowmeter system. If a fuel binations and for probable durations.
(b) Function. For each electrical sys-
flowmeter system is installed, each
tem, the following apply:
metering component must have a
(1) Each system, when installed,
means for bypassing the fuel supply if must be—
malfunction of that component se- (i) Free from hazards in itself, in its
verely restricts fuel flow. method of operation, and in its effects
(d) Oil quantity indicator. There must on other parts of the rotorcraft; and
be means to indicate the quantity of (ii) Protected from fuel, oil, water,
oil in each tank— other detrimental substances, and me-
(1) On the ground (including during chanical damage.
the filling of each tank); and (2) Electric power sources must func-
(2) In flight, if there is an oil transfer tion properly when connected in com-
system or reserve oil supply system. bination or independently.
(e) Rotor drive system transmissions (3) No failure or malfunction of any
and gearboxes utilizing ferromagnetic source may impair the ability of any
materials must be equipped with chip remaining source to supply load cir-
detectors designed to indicate the pres- cuits essential for safe operation.
ence of ferromagnetic particles result- (4) Each electric power source control
ing from damage or excessive wear. must allow the independent operation
of each source.
Chip detectors must—
(c) Generating system. There must be
(1) Be designed to provide a signal to at least one generator if the system
the device required by § 27.1305(v) and supplies power to load circuits essen-
be provided with a means to allow tial for safe operation. In addition—
crewmembers to check, in flight, the (1) Each generator must be able to
function of each detector electrical cir- deliver its continuous rated power;
cuit and signal. (2) Generator voltage control equip-
ment must be able to dependably regu-
lhorne on DSKJLZT7X2PROD with CFR

late each generator output within


rated limits;

549

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00559 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
§ 27.1353 14 CFR Ch. I (1–1–22 Edition)

(3) Each generator must have a re- (3) Under the most adverse cooling
verse current cutout designed to dis- condition likely to occur in service.
connect the generator from the battery (c) Compliance with paragraph (b) of
and from the other generators when this section must be shown by test un-
enough reverse current exists to dam- less experience with similar batteries
age that generator; and and installations has shown that main-
(4) Each generator must have an taining safe cell temperatures and
overvoltage control designed and in- pressures presents no problem.
stalled to prevent damage to the elec- (d) No explosive or toxic gases emit-
trical system, or to equipment supplied ted by any battery in normal oper-
by the electrical system, that could re- ation, or as the result of any probable
sult if that generator were to develop malfunction in the charging system or
an overvoltage condition. battery installation, may accumulate
(d) Instruments. There must be means in hazardous quantities within the
to indicate to appropriate crew- rotorcraft.
members the electric power system (e) No corrosive fluids or gases that
quantities essential for safe operation may escape from the battery may dam-
of the system. In addition— age surrounding structures or adjacent
(1) For direct current systems, an essential equipment.
ammeter that can be switched into (f) Each nickel cadmium battery in-
each generator feeder may be used; and stallation capable of being used to
(2) If there is only one generator, the start an engine or auxiliary power unit
ammeter may be in the battery feeder. must have provisions to prevent any
hazardous effect on structure or essen-
(e) External power. If provisions are
tial systems that may be caused by the
made for connecting external power to
maximum amount of heat the battery
the rotorcraft, and that external power
can generate during a short circuit of
can be electrically connected to equip-
the battery or of its individual cells.
ment other than that used for engine
(g) Nickel cadmium battery installa-
starting, means must be provided to
tions capable of being used to start an
ensure that no external power supply
engine or auxiliary power unit must
having a reverse polarity, or a reverse
have—
phase sequence, can supply power to
(1) A system to control the charging
the rotorcraft’s electrical system.
rate of the battery automatically so as
(Secs. 313(a), 601, 603, 604, and 605 of the Fed- to prevent battery overheating;
eral Aviation Act of 1958 (49 U.S.C. 1354(a), (2) A battery temperature sensing
1421, 1423, 1424, and 1425); and sec. 6(c) of the and over-temperature warning system
Dept. of Transportation Act (49 U.S.C. with a means for disconnecting the
1655(c))) battery from its charging source in the
[Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as event of an over-temperature condi-
amended by Amdt. 27–11, 41 FR 55470, Dec. 20, tion; or
1976; Amdt. 27–13, 42 FR 36972, July 18, 1977] (3) A battery failure sensing and
warning system with a means for dis-
§ 27.1353 Storage battery design and connecting the battery from its charg-
installation. ing source in the event of battery fail-
(a) Each storage battery must be de- ure.
signed and installed as prescribed in
(Secs. 313(a), 601, 603, 604, and 605 of the Fed-
this section. eral Aviation Act of 1958 (49 U.S.C. 1354(a),
(b) Safe cell temperatures and pres- 1421, 1423, 1424, and 1425); and sec. 6(c) of the
sures must be maintained during any Dept. of Transportation Act (49 U.S.C.
probable charging and discharging con- 1655(c)))
dition. No uncontrolled increase in cell [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
temperature may result when the bat- amended by Amdt. 27–13, 42 FR 36972, July 18,
tery is recharged (after previous com- 1977; Amdt. 27–14, 43 FR 2325, Jan. 16, 1978]
plete discharge)—
(1) At maximum regulated voltage or § 27.1357 Circuit protective devices.
power; (a) Protective devices, such as fuses
lhorne on DSKJLZT7X2PROD with CFR

(2) During a flight of maximum dura- or circuit breakers, must be installed


tion; and in each electrical circuit other than—

550

VerDate Sep<11>2014 08:58 Oct 12, 2022 Jkt 256046 PO 00000 Frm 00560 Fmt 8010 Sfmt 8010 Y:\SGML\256046.XXX 256046
Federal Aviation Administration, DOT § 27.1385

(1) The main circuits of starter mo- (b) Each cable that would overheat in
tors; and the event of circuit overload or fault
(2) Circuits in which no hazard is pre- must be at least flame resistant and
sented by their omission. may not emit dangerous quantities of
(b) A protective device for a circuit toxic fumes.
essential to flight safety may not be (c) Insulation on electrical wire and
used to protect any other circuit. cable installed in the rotorcraft must
(c) Each resettable circuit protective be self-extinguishing when tested in ac-
device (‘‘trip free’’ device in which the cordance with appendix F, part I(a)(3),
tripping mechanism cannot be over- of part 25 of this chapter.
ridden by the operating control) must [Doc. No. 5074, 29 FR 15695, Nov. 24, 1964, as
be designed so that— amended by Amdt. 27–35, 63 FR 43285, Aug. 12,

You might also like