3520 Federal Register / Vol. 65, No. 14 / Friday, January 21, 2000 / Notices

DEPARTMENT OF TRANSPORTATION letter establishing 207-minute ETOPS arguments as they may desire. authority (See the ATA proposal that Comments that provide factual basis Federal Aviation Administration was published in the April 27, 1999 supporting the views and suggestions [Docket No. FAA±99±6717] Federal Register). That letter stated that presented are particularly helpful. ATA member airlines determined that a Comments must identify the regulatory 207-Minute Extended Range need exists for expanded ETOPS docket or notice number and be Operations With Two-Engine Aircraft authority beyond 180 minutes. The submitted in duplicate to the address (ETOPS) ETOPS Subcommittee of ATA specified above. established a process where associated Any person may obtain a copy of this AGENCY: Federal Aviation airlines, the Pilots associations, Boeing, document by submitting a request to the Administration (FAA), DOT. and other parties worked together to Federal Aviation Administration, Office ACTION: Disposition of comments; determine the criteria to support the of Rulemaking, ARM–1, 800 policy statement for 207-minute ETOPS; establishment of a proposed 15 percent Independence Avenue SW., request for comments. operational extension of 180 minutes Washington, DC 20591, or by calling ETOPS. That subcommittee prepared an (202) 267–9680. Communications must SUMMARY: This notice responds to ETOPS Policy Letter draft proposal identify the notice number or docket comments received in response to a dated February 4, 1999. number of this notice. request for public comments that was The FAA responded to the ATA letter Discussion of Comments From Previous published on April 27, 1999 in the by publishing the Federal Register a Notice Federal Register (64 FR 22667) copy of the ATA letter and draft pertaining to a proposed policy for 207- proposal, and requested public The FAA received 44 comments in minute ETOPS operation approval comment (64 FR 22667). This Notice response to the notice published on criteria for the Boeing 777 airplane, responds to the comments received, April 27, 1999 (64 FR 22667), including informs the public of the FAA decision provides notice of the FAA decision to comments from individual members of to establish the conditions for a limited allow an extension of ETOPS to 207 the Joint Aviation Authorities (JAA) authorization for up to 207-minute minutes, describes the criteria for a ETOPS Work Group. All commenters ETOPS operation, and informs the limited authorization for 207-minute but 12 supported the ATA proposal for public of FAA intent to task the ETOPS for the Boeing 777, and provides 207-minute ETOPS. The issues and Aviation Rulemaking Advisory notice of the FAA’s intent to task the concerns raised by the 12 commenters Committee (ARAC) in the near future to ARAC to recommend safety standards who opposed the proposed extension of recommend safety standards and and procedures for extended range ETOPS are discussed below. procedures for extended range operation operation of airplanes, regardless of the 1. No Justification for Change of airplanes, regardless of the number of number of engines. engines. The Allied Pilots Association (APA) Additional Comment Period for Policy and Airbus Industries (Airbus) DATES: This policy is effective on March Decision 21, 2000. Comments must be received expressed concern that the proposal is on or before March 6, 2000. Very extensive comments were an attempt to generally extend ETOPS received on all the issues embodied in when no justification for changing the ADDRESSES: Comments on this the ATA proposal. After careful review diversion limits has been shown. APA document should be mailed or of the ATA proposal and those stated that only the South America-New delivered, in duplicate, to: U.S. comments, the FAA is adopting, with Zealand market cannot be operated with Department of Transportation Dockets, some modification, the ATA proposal. the current three hour standards. They Docket No. FAA–99–6717, 400 Seventh Given the minor differences from the also pointed out that Boeing and Street, SW., Room Plaza 401, original ATA proposal, the FAA operators have stated that there are only Washington, DC 20590. Comments may believes it is reasonable to proceed a few days a year when alternate be filed and examined in Room Plaza forward with a final decision. routings would have to be considered 401 between 10 a.m. and 5 p.m. However, because two commenters for twin engine aircraft operating on the weekdays, except Federal holidays. have expressed concerns about the FAA North pacific routes due to unsuitable Comments also may be sent making a final decision on the ATA weather at the preferred alternates. electronically and examined via the proposal without allowing additional Airbus commented that there is no Docket Management System (DMS) at public comment on the FAA final action precedent for a 15 percent extension. the following Internet address: http:// and disposition of comments, the FAA APA suggested that the intent of the dms.dot.gov/ at anytime. Commenters is allowing an additional 45 days for proposal appears to be to provide who wish to file comments interested persons to comment further support for marketing the B–777 as a electronically, should follow the on the 207-minute dispatch replacement for older, three and four instructions on the DMS web site. authorization described in this policy. engine aircraft. APA argued that FOR FURTHER INFORMATION CONTACT: Eric This authorization is automatically economic desirability does not A. van Opstal, Air Transportation effective on March 21, 2000 unless, after constitute need. Division (AFS–200), Flight Standards review of any new comments received, Service, Federal Aviation the FAA believes modification or FAA Response Administration, 800 Independence additional action is required. The FAA Most commenters (32 of 44) Avenue SW., Washington, DC 20591, will publish in the Federal Register a supported a 15 percent extension of the telephone (202) 267–8166. full disposition of all new comments diversion limits for ETOPS. United SUPPLEMENTARY INFORMATION: received and, if required, any additional Airlines stated that 207-minute ETOPS steps to stay or modify the limited 207- is a logical extension from 180-minute Background minute authorization. ETOPS that will serve the interests of In a letter dated February 26, 1999, Interested persons are invited to the traveling public, the environment the Air Transport Association (ATA) comment on this policy statement by and the industry. The Air Line Pilots requested the FAA to issue a policy submitting such written data, views, or Association, International stated that

VerDate 042000 18:34 Jan 20, 2000 Jkt 190000 PO 00000 Frm 00113 Fmt 4703 Sfmt 4703 E:\FR\FM\21JAN1.XXX pfrm08 PsN: 21JAN1 Federal Register / Vol. 65, No. 14 / Friday, January 21, 2000 / Notices 3521 current requirements have an excellent ETOPS, and the conventional wisdom at 2. Some Diversion Airports May Become safety record and the approval process that time considered the allowable Redundant and Risk Closure has lead to safety enhancements for extension to 138-minutes as no longer twin engine aircraft. The Rolls-Royce necessary. However as Airbus and other APA and Airbus expressed concern Airworthiness Department suggested commenters have noted, the FAA that the proposed extension of ETOPS authority may cause some diversion that the proposed policy statement and reinstated the 138-minute diversion airports that are currently relied on to reissue of Advisory Circular AC120– limit by policy letter EPL 95–1 in 1994, become redundant. They may then risk 42A should be considered a first step designating its use only for North closure. towards a general tidying up to the Atlantic ETOPS operations. ETOPS regulations. Continental Airlines FAA Response supports the proposal because it would In response to the comment by APA benefit the traveling public by reducing that ETOPS requirements would be The FAA agrees that North Pacific enroute times across the North Pacific eased so that Boeing could more alternate airports play an important role with no degradation in safety. It would effectively market the B–777 in place of in the safety of all commercial aviation also positively impact the economics of older 3- and 4-engine airplanes, the in the region. Any airplane may have to the route, which will ultimately benefit FAA rejects the notion that the safety divert due to reasons such as passenger the traveling public. The equipment and decisions to be made for 207-minute illness, system failures, decompression, dispatch specifications detailed in the ETOPS operations are related to the or fuel leaks. In fact, 3- and 4-engine proposal are more conservative that marketing of airplanes. The FAA airplanes have a higher rate of those required by 180-minute diversion considers operations meeting the diversion, for all causes, than ETOPS authority. Boeing suggested that the ETOPS standards of reliability and the airplanes. Boeing has provided data that current proposal reflects the ‘‘safe, operational requirements to have proven shows that less than 10 percent of conservative, evolutionary nature of themselves well over the years. The diversions with their two-engine ETOPS ETOPS, which is a fact-based industry increased safety standards for ETOPS airplanes were due to an inflight engine program dependent on the gathering airplanes and associated maintenance shutdown (IFSD). The remaining and analysis of operational data.’’ diversion of twin engine ETOPS ETOPS conducted in the North Pacific practices have found their way into (NOPAC) meets all of the conditions in other airplanes routinely used in non- airplanes were due to other causes that AC 120–42A that define a ‘‘demanding ETOPS commercial air transport. Thus, may affect any airplane. The issue of area of operation’’. Today, 180-minute ETOPS principles have ‘‘raised the sufficient alternate airports is much ETOPS in NOPAC is routinely safety bar’’ for all types of operations. broader than just related to the conduct of ETOPS. conducted by several North American The ATA 207-minute proposal and Asian air carriers on a daily basis. specifies particular airplane systems The FAA does not believe that a 207- There are sufficient adequate alternate design as well as additional equipment minute diversion authority in the North airports available in the area of requirements. The ATA ad-hoc work Pacific would result in the closure of operation that allow for year round group that drafted the 207-minute airports designated as enroute alternates operations. The introduction of a 207- proposal considered the proposed area for 180-minutes ETOPS operations. minute authorization would provide an of operation and operating environment Some of the same airports that are air carrier with additional flexibility with the additional diversion time, and available for 207-minute ETOPS are also with the dispatch of an ETOPS flight, used with 180-minute ETOPS. The ATA considered the additional requirements which may in fact position the flight proposal also limited the use of the 207- to be necessary to maintain existing closer to more enroute alternate airports. minute ETOPS extension so much of the safety standards, which is based on a This would be both an operational and time the airlines would be using the safety benefit. conservative approach. It was a normal diversion airports for 180- ETOPS operations in a ‘demanding collective recommendation that was minute ETOPS operations. A United area of operation’ began with a limited made with a diverse group comprised of Airlines Dispatch Office study showed 75-minute authority for North Atlantic representatives from operators, that 10 percent of the flights would crossings. As service experience was manufacturers, and pilot associations. benefit from a 207-minute dispatch, gained and the safety of the operations This was agreed upon with full while the remaining 90 percent would validated, the FAA granted an increase knowledge that the added requirements still be dispatched at 180-minutes. to 120-minute diversion limit. This would not be met by some other The FAA also agrees with APA that allowed ETOPS flights access to some of airplanes that already hold ETOPS type solutions are needed to ensure the the established North Atlantic design approval, and have provided the navigational tracks. The original ETOPS continued availability of airports for use remarkable safe ETOPS operating as enroute alternates for the benefit of Advisory Circular, AC 120–42 dated experience to date. 1985, included a provision that the FAA the entire industry. It is an international The FAA agrees with APA that a would allow an operator on a ‘case-by- problem that needs attention and long case’ basis up to a 15 percent increase review should be conducted on the term solutions. The issue is related to to the 120-minute maximum diversion requirements for all long range far more issues that just the ETOPS time. The extension granted a 138- operations, including 3- and 4-engine diversion time and requires broader minute diversion limit which ideally airplanes, and that there should be a solutions involving other countries. more uniform application of those suited North Atlantic ETOPS, as it now 3. The Proposal Is Too Broad allows use of all available NAT requirements. The FAA therefore navigational tracks. The extension proposes the formation of an ARAC APA and Airbus pointed out that the provision was removed when the group appropriately tasked to provide proposal is too broad in that it does not Advisory Circular was revised as AC the FAA with recommendations establish requirements such as limited 120–42A in 1988. AC 120–42A concerning all long range operations. routes and specific conditions that introduced the means by which the See the statement of intent at the end of would justify 207-minutes ETOPS as the FAA would approve 180-minute this notice. safest available alternative.

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FAA Response determine the frequency with which need to initiate an in-flight diversion, The FAA agrees that the ATA flexibility will be increased. could be closer to a suitable alternate airport than compared on an off-track proposal might be too broad in that it FAA Response could be viewed as having a wider route that was based on a 180-minute There is not relaxation of weather dispatch. This would clearly provide for application than intended. For the criteria of any difference in required proposal at hand, the 207-minute enhanced safety. weather standards to determine the The FAA acknowledges the difficulty ETOPS operations are intended to apply ‘‘suitability’’ of a adequate enroute in establishing accurate forecasts for only to the North Pacific area of alternates for a 207-minute dispatch alternate airports that may be 12 or more operation, and then, only when compared to any other ETOPS diversion hours away. This difficulty is faced by conditions prevent a 180-minute limit. Airlines are required to apply the all crews regardless of the airplanes they dispatch. A general 207-minute policy standard or otherwise approved are flying on extended range flights. It would give the illusion that a higher alternate airport weather minima is also obvious that the further out the ETOPS threshold has been accepted that criteria that are contained in their forecast period is, the more likely that could be applied to all geographical operations specifications. lower TEMPO (temporary) and PROB areas of operation and all airplanes that The FAA has reviewed a study (probability) conditions will be have ETOPS type design approval. The prepared by United Airlines Dispatch included in the forecast that the FAA believes that much further Center that collected and analyzed dispatcher and flight crew must take discussion would be needed to develop meteorological forecast and actual into account. This is where the ATA’s general standards for ETOPS beyond weather data at airports that meet proposed requirement for SATCOM and 180-minutes, and that it is important to ‘‘adequate’’ criteria as enroute alternates SATCOM datalink capability gives have international participation so that in the North Pacific. The purpose of the greater assurance that once airborne and global standards are achieved. To this study was to determine if and when a enroute, the flight crew will receive end, the FAA intends to solicit 207-minute dispatch would be continuing updates on the forecast recommendations through the ARAC for beneficial when the forecast at weather for all of the available enroute the development of general ETOPS ‘‘adequate’’ alternate airports within alternates, and will allow closer standards for operations beyond the 180-minutes distance were below the monitoring of weather trends. The 180-minute limit. This is discussed in dispatch alternate minima enhanced communication capability more detail at the last section of this requirements. The study looked at more that SATCOM provides aids in the notice. than a years worth of data and shows transmission of relevant data to the The FAA recognizes the benefit of a that a 207-minute ETOPS dispatch flight crew. route of flight that positions an airplane would mostly benefit Eastbound closer to airports that meet the criteria operations from Japan to the United 5. ETOPS Should Be Formalized in of ‘‘adequate’’ for the purpose of ETOPS States because those departures Regulations Rather Than Administered enroute alternates. This is understood to generally occur at night. The weather Through Advisory Circulars and Policy be the basis for the ATA proposal. The forecasts during night hours tend to be Letters FAA recognizes that an ARAC approach worse than during daylight. The study Airbus and APA said that ETOPS that deals with all airplanes and all also showed that those ‘‘adequate’’ should be formalized through the routes will be years away from alternate airports within the 180-minute rulemaking process rather than by regulatory adoption, and thus should be distance that did not meet the pre- policy and Advisory Circulars. viewed as a long-term solution. In the departure alternate weather criteria, did Additional comments suggested that it interim, the FAA believes that with the in fact stay at or above the operational was time for the FAA to bring the FARs conditions and limitations specified in approach minima for the expected times up to date. These commenters are well this document, 207-minute ETOPS of arrival of the flight (if the flight had as AECMA, ALPA, Federal Express authorizations can be issued for use in to divert to the alternate airport). Pilots, and DGAC France all stated that the North Pacific area of operation for Operational approach minima is the major policies such as those that govern airlines that have previous 180-minute weather minima needed to execute an ETOPS should be in regulatory form. ETOPS experience, and be limited to approach and landing. After flight ALPA commented that ‘‘there is a need airplanes like the B–777. Such departure and while enroute, those to develop a new set of regulations authorizations can be issued without ‘‘adequate’’ airports that meet which would apply to all long-range any decrease in safety. In addition, other operational approach minima are re- operations regardless of the number of limitations will specify the conditions classified as ‘‘suitable’’ enroute engines’’. and frequency that will apply to the use alternates. The study also showed that FAA Response of the 207-minute dispatch. The reason the frequency of a 207-minute dispatch for limiting the approval to airplanes in lieu of a 180-minute dispatch would Extended range, twin-engine like the B–777 will be discussed further. be in the area of 10 percent to 15 operations are authorized by the FAA percent of the total departures. Finally, under 14 CFR § 121.161(a), ‘‘based on 4. The Proposal Reduces Weather the 207-minute dispatch allowed a the character of the terrain, the kind of Standards for Diversion Airports routing consistent with ATC preferred operation, or the performance of the APA stated that the real, though routes. The conclusions drawn from the airplane to be used * * *.’’ The FAA indirect, result of the proposed 207- study are: The use of a 207-minute issued Advisory Circular 120–42, and minute ETOPS is to reduce weather dispatch would be infrequent; the flight has revised it several times, to standards for diversion airports. Airbus could be dispatched on preferred ATC incorporate the standards for ETOPS up comments that the longer the flight the routes; and, the resulting route would to and including 180-minute dispatch more unlikely the weather at a place the airplane closer to more authorizations. The FAA publishes in designated alternate corresponds to that enroute alternates that after flight the Federal Register a notice of forecast at the beginning of the flight. departure would meet ‘‘suitable’’ availability of each proposed revision, Airbus also suggests that climatological criteria. This offers the possibility that solicits comments, and then issues a data for the area should be analyzed to the flight crew, when faced with the revision to AC 120–42 only after

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The result has been that they are not the key drivers for the FAA. special conditions that constitute part of ETOPS authorizations have been The FAA must make its decisions based the certification basis of the airplane. established as they would have been upon safety. There was no intention that the special established through a more structured The FAA does not agree that a 15 conditions, being issued for 180-minute codification. percent extension for this limited operational considerations, would limit special authorization warrants a re- Because of the limited scope of the the B–777 to that operation for the life assessment in a Systems Safety 207-minute dispatch described in this of the airplane. It is further important to document, the FAA is not proposing a Assessment of all ETOPS significant recognize that the type design approval corresponding revision to AC 120–42. systems. The original assessment finding does not constitute approval to conducted for original compliance with conduct ETOPS operations. Limits on The FAA agrees that ultimately more the B–777 ETOPS special conditions defined criteria for ETOPS should be ETOPS operational diversion time are and for basic type certification is contained within an individual placed in Part 121 through the adequate. However, it is appropriate to rulemkaing process. ETOPS over the operator’s operations specification. As update original numerical probability an example, an operator may be limited years has been well served with the analyses, as the ATA proposed in Item standards and requirements of AC 120– to 120 minute ETOPS in its operations 7–1, to ensure that the safety objectives specification even though the airplane it 42A, but formal regulatory objectives are still met with the longer diversion should be developed for the extended is operating has been approved for 180 times. Also, this update will allow the minute ETOPS and those operations are range operation of any airplane. As FAA to review these numerical more fully outlined later, the FAA will being successfully conducted by other probability analyses with actual in- operators. In addition, current ETOPS initiate tasking of an ARAC Working service component reliabilities operating requirements contained in AC Group to start with the codification of considered in the analyses, which were 120–42A already recognize that the existing ETOPS requirements, and to not available at the time of the original deviations from the approved diversion make recommendations for standards submittals. time may occur based on unforeseen for ETOPS beyond 180-minutes. The For the CAA comment on Item 7–9 in conditions during a given diversion. ARAC Working Group will also be the ATA proposal, the FAA agrees that The Configuration, Maintenance, and tasked to look at the requirements for all the item could be better stated, and will Procedures (CMP) standard is a FAA long-range operations in order to incorporate the recommended wording approved document and is a required recommend airplane safety change. The FAA also agrees that this type design incorporation that requirements for all airplanes. item effectively requires a non-time establishes the suitability of an airplane limited emergency power source This is 6. ETOPS Regulations Should Be Driven for extended range operations, and is the FAA’s intent for this requirement. considered a limitation. by Safety The FAA does not agree that the Comment For the type design approval criteria, recommended list of services should be the UK CAA suggests that ‘‘The ETOPS included. This list is the same list of Airbus states in its comments titled significant systems should be re- services that are included in the Joint ‘‘Increased risk of additional hardware assessed to ensure their suitability for Aviation Authorities (JAA) Information failure’’ that risk assumptions and the extended diversion time (207 Leaflet IL–20 paragraph 8.b.(7), which is models used in ETOPS risk management minutes). Systems Safety Analyses a non-harmonized equipment with the need public review. corresponding paragraph of the FAA (SSA) should be carried out based on FAA Response ETOPS Advisory Circular (AC) 120– the extended diversion time and longest Technical matters, like risk flight time. The re-analysis required 42A. This issue can be addressed, as appropriate, by the ARAC working assumptions and analyses, considered (SSA) is to ensure that overall safety group, along with other items that will by the FAA during the type certification objectives are still achieved with the bring harmonization to the FAA and the process are normally not public extended diversion time and flight JAA regulations. The FAA does not information because they contain times.’’ They also suggest alternative believe that the lack of harmonization information of a proprietary nature. The wording for the type design approval with the JAA regulations is a reason to FAA agrees, though, that there is some criteria to state that ‘‘any one of the not proceed with this action. merit to better defining the type of risk engine or APU driven generator sources analyses that should be conducted for shall be capable of powering all main Comment extended range operations in order to essential and standby (emergency) AC Airbus states ‘‘type certificate limits ensure a uniform application world- and DC buses.’’ This, in effect, would are regulatory’’, and asserts that the wide. For that reason it will task the require a ‘‘non-time limited emergency ETOPS maximum diversion time is a ARAC to evaluate the current risk power source capable of continuously limit on the Type Certificate Data Sheet assumptions and models and make supplying essential functions’’. They for the B–777. recommendations to the FAA. In the suggested that the list of services that mean time, the FAA is confident that need to be supplied should be re- FAA Response the risk assumptions and analyses assessed for 207 minute diversion times, The ETOPS approval statement in the conducted in past ETOPS approvals are and listed fifteen services that should be Type Certificate Data Sheet is a finding sufficient to proceed with an extension re-assessed as a minimum. of suitability based on a review of the to 207 minutes for the B–777.

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Another reason the FAA is confident Comment North Pacific, and U.S. airlines in proceeding with the 207-minute Airbus encouraged the FAA to presently operating ETOPS in that area approval is the basic manner in which reconsider the ‘‘still air’’ provisions. can benefit from this. The FAA will the B–777 was type certificated. It is the Airbus proposes that oil, fire further pursue harmonization through only airplane that was designed from suppression, and other time limited intended tasking of an ARCA ETOPS the start for ETOPS operation on its first systems should be capable for the entire Working Group that will provide day of service. This required Boeing to length of maximum anticipated recommendations for codifying ETOPS address all possible failure modes of diversion time based on actual winds, standards and requirements. The FAA past airplanes and engines and not ‘‘still air.’’ welcomes participation by foreign demonstrate that the B–777 was regulatory authorities, manufacturers, designed to preclude those failures. This FAA Response and operators in this development to extensive safety analysis has produced The FAA does not intend to change harmonize requirements, and to develop an airplane that exceeds the dispatch basic premises used with ETOPS in international standards. Interested reliability of any previous airplane, calculating distances using ‘‘still air’’. persons should review the intended which is as measure of the reliability of The operational regulatory reference in ARAC tasking published elsewhere in the airplane design and air carrier the FAR addresses the distance in ‘‘still this edition of the Federal Register. maintenance programs. The FAA air’’ and the FAA sees no reason to 8. 207-Minute Proposal Specifies believes the operational history of the change this basic assumption merely Equipment Requirement airplane has proven the validity of this because of the 15 percent extension in approach and the uniqueness of the B– allowable diversion time. The global The ATA 207-minute proposal 777 for consideration of 207-minute application of ETOPS is also based on contained specific system ETOPS operations. Should other ‘‘still air’’ criteria. The FAA will configurations. It specifies that at least airplanes be presented for approval to consider any recommendations by the one fuel crossfeed valve and one fuel operate to 207 minutes, the FAA would ARAC ETOPS Working Group if they boost pump in each main tank must be assess their design and operational determine that time limited components able to be powered by a backup experience in the same way as it has for should be based on forecast and actual electrical power source. It specifies time the B–777. winds as Airbus proposes. What must related cargo fire limitations, and all other time limited systems to be not less Comment be applied to every EROPS departure, is the fuel load that meets or exceeds the than 222 minutes. For the electrical AECMA states that the proposed IFSD critical fuel scenario analysis, which is system, any one of the engine of APU of .019/1000 is not sufficient to comply based on forecast and actual winds. driven generator sources must be with FAR 25.1309. capable of powering the main AC and 7. ETOPS Rules Should Be Harmonized main DC electrical buses. To enhance FAA Response With International Rules pilot communications, the airplane For this special limited authorization Some commenters suggested that the must have SATCOM voice and/or to operate at 207 minute ETOPS, the ETOPS rules should be harmonized SATCOM datalink installed, and for FAA does not agree that it is necessary with international rules and should not pilot work load consideration, the to specify a different in-flight shutdown discriminate against non-U.S. airplane must have single-engine rate requirement than the .02/1000 manufacturers and operators. autoland capability. The ATA proposal engine hours, defined in AC 120–42A. also specified MEL restrictions that Since the ATA proposal for .019/1000 is FAA Response would apply to the 207-minute a conservative value relative to the .02/ The FAA has been and remains dispatch. It proposes the operability of 1000 requirement, the FAA is accepting committed to harmonization of autoland capability, SATCOM voice this coordinated industry position as regulatory requirements to the extent and/or SATCOM datalink, autothrottle one of the factors that establishes the possible with international rules. That system, the fuel quantity indicating Agency finding of equivalent safety. will always be a goal of the FAA but system (FQIS), and the APU (that This reliability evaluation tool in the that goal must be balanced with other includes the electrical and pneumatic ETOPS criteria was not intended to issues the FAA must respond to. In this supply to its designed capability) at compensate for ‘‘non-compliance’’ with case, there has been a proposal to time of dispatch. FAR 25.1309. The ETOPS IFSD rate extend the ETOPS approved operations Continental Airlines states that the requirement is not related to FAR for the B–777 up to 207 minutes. It is equipment and dispatch specifications 25.1309 compliance as implied in the not appropriate for the FAA to delay detailed in the proposal are more AECMA comment, but is derived from action on the proposal in order to conservative than those required by 180- the baseline engine IFSD rate used in harmonize its position with other minute diversion authority, and that the the development of the 180-minute regulations, when appropriate specifications detailed in the proposal ETOPS approval criteria as a measure of regulatory action has been determined. define a level of sophistication in the an acceptable ETOPS engine reliability. Again, the FAA places a high priority on aircraft design that goes far beyond the However, the FAA agrees that the harmonization of standards world-wide, aircraft that were originally approved reliability of state of the art engines is but not at the cost of reasonable action for 180-minute diversion authority. In much better than the current .02/1000 in response to any request by those it their opinion extending the diversion standard, and supports a review of the directly regulates. authority beyond 180-minutes with the ETOPS inflight shutdown rate A lot of effort has gone into the added conservatism and narrow scope requirement as part the overall ARAC harmonization of ETOPS requirements presents benefits to the traveling public rulemaking activity. The B–777 has and standards, and although there are with no degradation in safety. Another clearly established an in-flight shut specific areas of difference, its general commentator, although in favor of 207- down rate far better than the .02/1000 application is uniformly applied minute ETOPS, argues against the standard and is one of the reasons the worldwide. The 207-minute ETOPS is additional equipment requirements in FAA is confident in proceeding with the being accepted because it adds a safety the ATA proposal because it would 207-minute ETOPS approval. benefit to the ETOPS conducted in the eliminate most of the world ETOPS fleet

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The FAA back-up source. of standards and requirements for constantly monitors the application of ETOPS requirements, and the airlines FAA Response ETOPS beyond 180-minutes that will be addressed by the ARAC Work Group performance to maintain acceptable The FAA has considered the may define other communication standards. Other FAA organizations are additional systems capability, requirements and standards of tasked specifically to track and respond equipment, and serviceability operability for future approvals. to trends that may indicate areas of requirements in the ATA proposal. The concern of a specific ETOPS operator, or FAA does not consider these airplane 9. An Industry/Government ETOPS global trends that may affect the entire requirements as the final determination Working Group Should Be Formed to industry. The FAA does rely on the of generally applicable ‘standards’ for Review 207-Minute Operations collation and reporting of ETOPS ETOPS beyond 180-minutes, but does ALPA suggests that an Industry/ related data by industry sources. The consider the added ATA criteria are in Government ETOPS group be formed for FAA maintains oversight of the data, line with the basic conservation the purpose of ensuring that airlines and conducts continuous analysis to embodied in present ETOPS operations. comply with the intent of the ATA 207- detect any adverse trends. The added requirements were minute ETOPS proposal. They suggest developed through a coordinated effort 10. Extended Range Operations for ‘‘All that the group should meet on a regular between airlines, manufacturers and Cargo’’ Airplanes Are Not Safe and basis to review operational information pilot associations and the result Should Not Be Allowed regarding all ETOPS operations, represents an agreement among those The Independent Pilots Association particularly those operations where 207- parties. The FAA therefore accepts all (IPA) opposes the ATA 207-minute minute authority was exercised. Airbus the proposed added requirements as an proposal because cargo aircraft are not expresses concern with the current state integral part of a ‘‘special 207-minute equipped with fire suppression systems. of FAA monitoring of ETOPS authorization’’ except the monthly IPA states that ‘‘extended range reporting requirements. As such, the operations, citing that the FAA relies on operations for all-cargo aircraft are not FAA has information that the B–777 the industry to be alerted to trends that safe and should not be allowed by would qualify for 207-minute ETOPS. threaten the safety of ETOPS operations. FAA’’. The FAA wants to make it clear that by Airbus suggests that the review of 207- FAA Response its acceptance of the ATA proposal that minute data contained in the ATA 207- an equivalent level of safety is found. minute proposal should be more Class E cargo compartments apply The FAA has not made a determination specific in delineating precisely what only to airplanes used solely for the that the proposal by the ATA is the only will be reviewed and the control limits carriage of cargo and are not restricted proposal that would allow all 207 for each review item. or pertinent to the number of engines minute ETOPS operations, or is the FAA Response installed on the airplane. Class E minimum level of safety for all requirements are contained in 14 CFR operations. The FAA intends to task the The FAA intends to monitor the Part 25, and those requirements do not proposed ARAC ETOPS Working Group frequency of use of a 207-minute specify a fire suppression system. The to make recommendations on standards dispatch and the terms of its application issue is therefore not related to ETOPS, and requirements for ETOPS beyond by airlines that have been granted the or to an extension to 207-minutes that 180-minutes. This may lead to standards authority to exercise the 15 percent may apply to the B–777 airplane. Three of system configuration and extension. Airlines will be required to and 4 engine all-cargo airplanes with requirements that would enable other record and document necessary Class E cargo compartments are not existing airframe/engine combinations information that substantiates the use of limited to routes based on time or to be used. The FAA will be looking for the 207-minute dispatch for each flight distance limits from alternate airports. ARAC to set forth recommendations that that it is applied. The airline will retain Two-engine airplanes are restricted to a define minimum standards and develop copies of these records for at least three maximum diversion time, including all- the proper technical justification for months, and make them available to the cargo airplanes that are operating with those being the minimum standards. FAA upon request (OMB control No. an ETOPS approval. AC 120–42A, Once those minimum standards are 2120–0008). The data will be reviewed paragraph 8(c)(6) requires that the proposed by ARAC, the FAA will and collected by the airline’s FAA design of the cargo compartment fire review all ETOPS approvals to decide if Certificate Holding District Office protection system integrity and the ARAC proposed standards should be (CHDO). The CHDO will provide usage reliability should be suitable for the applied to all ETOPS operations. In reports for their assigned airlines on a intended operation considering fire making that decision it will rely to a monthly basis to the FAA Flight detection sensors, liner material, etc. It great extent on the service history of the Standards Air Transportation Division, also addresses fire protection system fleet operating under today’s standards, AFS–200, so that a comparative review capability, if necessary by the which so far has been excellent. and analysis can be conducted. Results certification standards. As already The FAA considers the proposal for of the review can then be made stated, the Class E requirements do not SATCOM and/or SATCOM datalink to available to the public, with all require a fire suppression system. For be an additional communication proprietary data removed or de- additional information regarding the requirement beyond that which is identified. Operators should note that distinction between cargo compartments presently required. It is therefore not to the regular monthly reports specified in in all-cargo airplanes and those in be considered as a replacement the ATA proposal are not being required passenger-carrying airplanes, see the communication system. The value of by the FAA at this time. publication of the FAA’s final rule on

VerDate 042000 18:34 Jan 20, 2000 Jkt 190000 PO 00000 Frm 00118 Fmt 4703 Sfmt 4703 E:\FR\FM\21JAN1.XXX pfrm08 PsN: 21JAN1 3526 Federal Register / Vol. 65, No. 14 / Friday, January 21, 2000 / Notices

Revised Standards for Cargo or Baggage Circular 120–42A, the B–777 ETOPS limited application of a diversion limit Compartments in Transport Category type design suitability was based on of 207-minutes flying time at the Airplanes (63 FR 8040–41; February 17, Early ETOPS special condition approved one-engine inoperative cruise 1998). requirements for proof of reliability. speed (under standard conditions in An appropriate forum for further This was the main reason for Boeing to still air). This will be a narrow focused discussion of Class E cargo develop an improved design. The B–777 authorization based on specific compartments would be with the design has systems redundancy to meet eligibility and qualification criteria, proposed ARAC Working Group that reliability goals with consideration of fixed geographical area of operation, will be tasked to review the Minimum Equipment List (MEL) specific equipment, limited application, requirements for all extended range restrictions for 180-minute ETOPS. For and recording requirements and the operations, regardless of the type of example, the electrical system has a additional criteria contained in the ATA operation. main and back-up generator on each proposal. Presently, the FAA has Announcement of FAA Decision engine, an APU generator, a Ram Air enough information on the B–777 series Turbine (RAT) generator, a main battery, with all engine configurations as listed The FAA has determined that it and an APU battery. The fuel system on the Type Certification Data Sheet would be premature to extend the design provides for a fuel boost pump T00001SE, to tentatively find that it is ETOPS threshold to 207 minutes in each main tank to be powered by a the only model that currently meets the without specifying limits on its back-up electrical source, making the additional criteria contained in the ATA application and use. The FAA agrees need for fuel suction feed an unlikely proposal and that the FAA has adopted. that measurable standards must be event. Boeing conducted a B–777 A final finding may be issued after the developed and harmonized, in order to systems reliability analysis and Boeing Company submits substantiation adopt an extended diversion threshold Numerical Probability Analysis to assess data for each of the type design criteria across the board. One of the tasks the the suitability of the B–777 airplane to items listed in paragraph 7 of the FAA intends to includes in the ARAC a higher diversion limit The analysis proposal’s ‘‘Approval Basis’’ section and ETOPS initiative is for the ARAC to indicates the B–777 airplane design and the updated Numerical Probability develop the standards for airplane reliability capability is well in excess of Analysis (NPA) to the FAA Transport ETOPS type design approval as well as the proposed extension to 207-minutes. Airplane Directorate for evaluation. If operational requirements and Today there are over 200 B–777’s in the FAA’s evaluation is favorable the procedures for ETOPS beyond 180 service around the world. The fleet has ‘‘finding of suitability’’ to the additional minutes. The FAA also agrees that these accumulated more than two million criteria for 207-minute ETOPS can be standards should be developed jointly engine hours with a combined rolling made. The FAA will task the Flight for global application, and adopted as average in-flight shutdown rate of .007/ an ICAO standard and recommended Operations Evaluation Board (FOEB) to 1000 engine hours. That is almost one begin the process to amend the B–777 practice. third of the maximum allowed As mentioned previously, the FAA MMEL to require operational status for shutdown rate for 180 minutes ETOPS dispatch of the airplane for operations has reviewed a study prepared by operation. United Airlines Dispatch Center that beyond 180-minutes to the four items The ATA 207-minute proposal mentioned above (FQIS, APU, looked at meteorological forecast and contained nine items to be applied to actual weather data at airports that meet Autothrottle system, and SATCOM). Air the review of the proposed airframe- carriers approved to use the special 207- ‘‘adequate’’ criteria for enroute engine combination to determine if minute authorization must amend their alternates in the North Pacific. The there were any factors that would affect MEL and receive FAA approval of the study shows that a 207-minute ETOPS safe conduct of 207-minute operations. amendment, prior to exercising the dispatch would mostly benefit The B–777 has been proposed as special authorization. Eastbound operations from Japan to the satisfactorily meeting the condition of United States because those departures all the listed items in the Approval Application for the special generally occur at night. The Basis section. The FAA considers these authorization will only be considered conclusions drawn from the study are: additional type design and systems’ from air carriers that currently hold 180- The use of a 207-minute dispatch would operational requirements to provide minute ETOPS operational approval. be infrequent; the flight could be conservatism in reliability performance The authorization will only apply and dispatched on preferred ATC routes; and diversion capability for 207 minute be valid for use in the North Pacific area and, the resulting route would place the ETOPS operation. In addition to MEL of operation. The special authorization airplane closer to more enroute restrictions for 180-minute operations, can only be applied to a route where alternates that after flight departure the ATA proposal also included four adequate enroute alternate airports exist would meet ‘‘suitable’’ criteria. The additional system and equipment and are available that, if defined as FAA recognizes the merits and potential requirements that must be operational ‘suitable’ for dispatch as per paragraph safety benefit of such conditions. prior to dispatch for 207-minute ETOPS. 10(d)(5) of AC 120–42A, the route The FAA also recognizes that ETOPS The items are: Fuel Quantity Indicating would be flown at 180-minute ETOPS operations in the North Pacific (NOPAC) System (FQIS), Auxiliary Power Unit authority. When applying the 207- present certain operational difficulties (APU) that included the electrical and minute dispatch, consideration must that are minimized with airplanes that pneumatic supply to its design also be given to those ‘‘adequate’’ incorporate the latest technology and capability, the Autothrottle system, and airports within 180-minutes of the systems design to specifically meet SATCOM voice and/or SATCOM proposed airplane routing to have a ETOPS needs. An airplane such as the datalink. weather forecast that gives probability of B–777 fits this category. The FAA has accepted the ATA having operational approach minima The B–777 was designed from the proposal as providing an equivalent (minima necessary to execute an beginning as a 180-minute ETOPS level of safety for ETOPS operations up instrument approach) during the capable airplane. Instead of meeting the to 207 minutes in the North Pacific. The expected times of arrival. The window minimum service experience FAA may approve a special ETOPS of arrival to be considered for these requirements defined by FAA Advisory operational authorization that will allow ‘‘adequate’’ airports is that period from

VerDate 042000 18:34 Jan 20, 2000 Jkt 190000 PO 00000 Frm 00119 Fmt 4703 Sfmt 4703 E:\FR\FM\21JAN1.XXX pfrm08 PsN: 21JAN1 Federal Register / Vol. 65, No. 14 / Friday, January 21, 2000 / Notices 3527 the earliest planned arrival time to the Minimum Equipment List (MEL) ACTION: Notice of Intent to Rule on latest planned arrival time, for the requirements will apply, as well as Application. anticipated airplane routing. This dispatch planning to consider the increases the possibility on a 207- availability of other enroute airports SUMMARY: The FAA proposes to rule and minute ETOPS dispatch that the flight along the proposed route that do not invites public comments on the crew when faced with the need to meet alternate weather criteria at time of application to impose and use a PFC at initiate an in-flight diversion, could be dispatch. This is intended to limit the Sacramento International Airport under closer to a suitable alternate airport in frequency of a 207-minute use, and to the provisions of the Aviation Safety Russia, the Aleutians, or elsewhere in provide an equivalent level of safety for and Capacity Expansion Act of 1990 Alaska than compared to an off-track those flights that are dispatched with a (Title IX of the Omnibus Budget route (more Southerly route) that was 207-minute diversion limit. The FAA Reconciliation Act of 1990) (Pub. L. based on a 180-minute ETOPS dispatch. will closely monitor the application of 101–508) and part 158 of the Federal All other ETOPS planning requirements these requirements by airlines that have Aviation Regulations (14 CFR part 158). specified in AC 120–42A continue to received approval to use the limited DATES: Comments must be received on apply to the 207-minute ETOPS 207-minute ETOPS. or before February 22, 2000. dispatch. The air carrier will record the Intent To Task ARAC ADDRESSES: Comments on this application may be mailed or delivered dispatch considerations when applying The FAA intends to initiate ETOPS in triplicate to the FAA at the following this special authorization for each use, rulemaking through the ARAC process address: Federal Aviation and retain such records for review by by separate notice in the near future. Administration, Airports Division, the FAA for at least three months. The ARAC ETOPS Working Group 15000 Aviation Blvd., Lawndale, CA In the April 27, 1999 Federal Register would be tasked to provide their 90261, or San Francisco Airports notice, the FAA stated that it did not recommendation to the FAA for: endorse the ATA proposal, per se. The • Codification of existing ETOPS District Office, 831 Mitten Road, Room April 27 notice outlined, in great detail, standards and requirements in the 210, Burlingame, CA 94010–1303. In the issues involved in determining appropriate certification and operational addition, one copy of any comments whether an appropriate level of safety regulations submitted to the FAA must be mailed or could be established for 207-minute • Development of objective standards delivered to Mr. G. Hardy Acree, dispatch ETOPS. Public comments were and requirements for ETOPS beyond Director of Airports, county of also in great detail, and reflected that 180-minutes, for codification in Sacramento, at the following address: the commenters appreciated all of the appropriate certification and operational 6900 Airport Boulevard, Sacramento, issues. After careful review of the regulations, and CA 95837–1109. Air carriers and foreign proposal and comments received, the • Review the requirements for ETOPS air carriers may submit copies of written FAA has decided to proceed with a and all other extended range operations comments previously provided to the policy to allow the limited 207-minute for all airplanes regardless of the county of Sacramento under § 158.23 of dispatch authorization described in this number of engines, and provide part 158. notice. recommendations to standardize the FOR FURTHER INFORMATION CONTACT: Summary requirements for such operations. Marlys Vandervelde, Airports Program The FAA will draw from the working Analyst, San Francisco Airports District The FAA supports a collaborative group recommendations to subsequently Office, 831 Mitten Road, Room 210, effort to produce policy and rules that issue ETOPS and for long range Burlingame, CA 94010–1303, incorporate the best information operations regulations through the Telephone: (650) 876–2806. The available from operators, manufacturers, rulemaking process. It is desirable to application may be reviewed in person and others who may be affected. The have international regulatory, at this same location. FAA also supports the rulemaking manufacturer, and operator process that assures that the issues are SUPPLEMENTARY INFORMATION: The FAA participation in the ARAC ETOPS proposes to rule and invites public thoroughly examined in a public forum. Working Group to provide harmonized The FAA does not believe, though, that comment on the application to impose positions that may be a basis for and use the revenue from a PFC at approval of a limited 207-minute North international ETOPS standards. Pacific ETOPS operation must await Sacramento International Airport under further ETOPS rulemaking. Issued in Washington, DC on January 18, the provisions of the Aviation Safety The FAA recognizes the potential 2000. and Capacity Expansion Act of 1990 safety benefit that is provided with an Thomas E. McSweeny, (Title IX of the Omnibus Budget extension to 180-minute ETOPS as it Associate Administrator for Regulations and Reconciliation Act of 1990) (Pub. L. applies to operations in the North Certification. 101–508) and Part 158 of the Federal Pacific. The equipment and dispatch [FR Doc. 00–1505 Filed 1–18–00 3:17 pm] Aviation Regulations (14 CFR part 158). requirements that are specified in this BILLING CODE 4910±13±M On December 28, 1999, the FAA limited 207-minute diversion authority determined that the application to are more conservative than those impose and use a PFC submitted by the required for 180-minutes. The B–777 DEPARTMENT OF TRANSPORTATION county of Sacramento was substantially systems design and demonstrated complete within the requirements of service reliability indicate that the Federal Aviation Administration § 158.25 of part 158. The FAA will approve or disapprove the application, airplane can meet these requirements, Notice of Intent to Rule on Application in whole or in part, no later than March and the FAA will evaluate Boeing’s data to impose and use a Passenger Facility 31, 2000. and the updated Numerical Probability Charge (PFC) at Sacramento The following is a brief overview of Analysis to make its finding of International Airport, Sacramento, CA suitability for 207-minute ETOPS. In the impose and use application No. 00– order for airlines to exercise the 207- AGENCY: Federal Aviation 06–C–00–SMF: minute ETOPS authority, additional Administration (FAA), DOT. Level of proposed PFC: $3.00.

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