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 04<JAN>2000 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.