[Federal Register: November 14, 2003 (Volume 68, Number 220)]
[Proposed Rules]               
[Page 64729-64798]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14no03-41]                         


[[Page 64729]]

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Part IV





Department of Transportation





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Federal Aviation Administration



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14 CFR Parts 1, 21, 25, 33, 121, 135



Extended Operations (ETOPS) of Multi-engine Airplanes; Proposed Rule


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 1, 21, 25, 33, 121, 135

[Docket No. FAA-2002-6717; Notice No. 03-11]
RIN 2120-AI03

 
Extended Operations (ETOPS) of Multi-engine Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: The FAA proposes to issue regulations governing the design, 
maintenance, and operation of airplanes and engines for flights that go 
beyond certain distances from an adequate airport. This proposal would 
extend some requirements that previously applied only to two-engine 
airplanes to airplanes with more than two-engines. The proposed rule 
implements existing policy, industry best practices and 
recommendations, and international standards to ensure that long-range 
flights will operate safely.

DATES: Send your comments on or before January 13, 2004.

ADDRESSES: You may submit comments to DOT DMS Docket Number FAA-2002-
6717 by any of the following methods:
    [sbull] Web Site: http://dms.dot.gov. Follow the instructions for 
submitting comments on the DOT electronic docket site.
    [sbull] Fax: 1-202-493-2251.
    [sbull] Mail: Docket Management Facility; U.S. Department of 
Transportation, 400 Seventh Street, SW., Nassif Building, Room PL-401, 
Washington, DC 20590-0001.
    [sbull] Hand Delivery: Room PL-401 on the plaza level of the Nassif 
Building, 400 Seventh Street, SW., Washington, DC, between 9 a.m. and 5 
p.m., Monday through Friday, except Federal holidays.
    [sbull] Federal eRulemaking Portal: Go to http://www.regulations.gov.
 Follow the online instructions for submitting 
comments.
    Instructions: All submissions must include the agency name and 
docket number or Regulatory Identification Number (RIN) for this 
rulemaking. For detailed instructions on submitting comments and 
additional information on the rulemaking process, see the Public 
Participation heading of the Supplementary Information section of this 
document. Note that all comments received will be posted without change 
to http://dms.dot.gov. including any personal information provided. 
Please see the Privacy Act heading under Regulatory Notices.
    Docket: For access to the docket to read background documents or 
comments received, go to http://dms.dot.gov at any time or to Room PL-
401 on the plaza level of the Nassif Building, 400 Seventh Street, SW., 
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays.

FOR FURTHER INFORMATION CONTACT: Eric vanOpstal, Flight Standards 
Service, Air Transportation Division, AFS-200, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone (202) 267-3774; facsimile (202) 267-5229.

SUPPLEMENTARY INFORMATION: Comments Invited. The FAA invites interested 
persons to participate in this proposed rulemaking by submitting 
written comments, data, or views. We also invite comments relating to 
the economic, environmental, energy, or federalism impact that might 
result from adopting the proposals in this document. The most helpful 
comments reference a specific portion of the proposal, explain the 
reason for any recommended change, and include supporting data. We ask 
that you send us two copies of written comments.
    We will file in the docket all comments we receive, as well as a 
report summarizing each substantive public contact with FAA personnel 
concerning this proposed rulemaking. The docket is available for public 
inspection before and after the comment closing date. If you wish to 
review the docket in person, go to the address in the ADDRESSES section 
of this preamble between 9 a.m. and 5 p.m., Monday through Friday, 
except Federal holidays. You may also review the docket using the 
Internet at the web address in the ADDRESSES section.
    Before acting on this proposal, we will consider all comments we 
receive on or before the closing date for comments. We will consider 
comments filed late if it is possible to do so without incurring 
expense or delay. We may change this proposal in light of the comments 
we receive.
    If you want the FAA to acknowledge receipt of your comments on this 
proposal, include with your comments a pre-addressed, stamped postcard 
on which the docket number appears. We will stamp the date on the 
postcard and mail it to you.

Regulatory Notices

    Privacy Act: Anyone is able to search the electronic form of all 
comments received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act Statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by taking the 
following steps:
    (1) Go to the search function of the Department of Transportation's 
electronic Docket Management System (DMS) Web page (http://dms.dot.gov/search
).
    (2) On the search page type in the last five digits of the Docket 
number shown at the beginning of this notice. Click on ``search.''
    (3) On the next page, which contains the Docket summary information 
for the Docket you selected, click on the document number of the item 
you wish to view.
    You can also get an electronic copy using the Internet through 
FAA's web page at http://www.faa.gov/avr/arm/nprm/nprm.htm or the Federal Register's Web page at http://www.access.gpo.gov/su_docs/aces/

v/su_docs/aces/

    You can also get a copy by submitting a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the docket number, notice number, or amendment number 
of this rulemaking.

Background

    The Federal Aviation Administration (FAA) has long-standing 
regulations that restrict the operations of two-engine air carrier 
airplanes operated under part 121, Title 14 of the Code of Federal 
Regulations (14 CFR). Under current regulations these airplanes may not 
be operated on routes that lie more than sixty minutes from an airport 
unless authorized by the Administrator. The premise for these 
restrictions was that two-engine airplanes were less safe than three 
and four engine airplanes particularly over very long distances.

History of ETOPS

    In the 1980s, a new generation of very reliable, two engine 
airplanes came into service and changed the underlying premise that 
restricted the operations of these airplanes. The airline industry 
sought to take advantage of the

[[Page 64731]]

improvements in reliability, range, and payload capabilities that these 
new airplanes offered. Beginning in 1985, the FAA allowed air carriers 
to operate certain twin-engine airplanes on routes that included points 
more than sixty-minutes from an adequate airport under a formal program 
known as Extended Range Operation with Two Engine Airplanes 
(``ETOPS''). The regulatory basis of ETOPS was the deviation authority 
contained in 14 CFR section 121.161. With the cooperation of the 
airlines, manufacturers, and other interested groups, the FAA carefully 
controlled and monitored this new type of flight operation.

Historical Documents

Advisory Circulars 120-42 and 120-42A

    In support of ETOPS, the FAA issued two Advisory Circulars (AC) 
120-42 and 120-42A in 1985 and 1988 respectively. These two AC 
documents have been the basis for type design and operational practices 
for ETOPS to date. Initially, the FAA set a maximum approval of 120 
minutes from an airport for ETOPS. During the nascent stage of ETOPS, 
air carriers gained significant service experience; the safety and 
efficiency of ETOPS became apparent. In 1988, the FAA increased that 
approval to 180 minutes based on demonstrated safety record of these 
operations.

Deviation Authority From Sec.  121.161 Prior to ETOPS

    Since the 1970s, the FAA has authorized two-engine operations on 
routes up to 75 minutes away from an airport exclusively in the 
Caribbean. These were not considered ETOPS flights. These flights were 
approved by the FAA as deviations under section 121.161, but were 
authorized before a formal ETOPS program was developed. These 
deviations were approved after a safety evaluation of the areas of 
operation, the airplanes, and the operators conducting them.

207 Minute ETOPS

    In March 1999, the Air Transport Association (ATA) asked the FAA to 
extend the 180-minute ETOPS authorization an additional fifteen percent 
to 207-minutes. The FAA published the ATA letter and asked for comments 
(64 FR 22667, April 27, 1999). Several commenters suggested that the 
FAA should formalize ETOPS in the regulations rather than continuing to 
rely on the deviation authority in section 121.161 and advisory 
materials. In January 2000, the FAA approved 207 minute ETOPS and 
stated its intent to task an Aviation Rulemaking Advisory Committee 
(ARAC) Working Group to study the issues and to recommend regulations 
for ETOPS (65 FR 3522, January 21, 2000). In this same notice, the FAA 
solicited comments from the public on its decision to approve 207 
minute ETOPS.

Polar Operations Letter

    The increasing use of Polar flights, while creating economic 
benefits, has brought new challenges to extended operations such as 
climactic extremes. Due to these new challenges and to the increasing 
similarity among all long-range operations, experience began to show 
that ETOPS requirements and processes are generally applicable to all 
long-range operations including those by three and four engine 
airplanes and would improve their safety.

Harmonization With International Standards

Related International Activity
    Two related activities should be noted. First, the Joint Aviation 
Authorities (JAA) of European nations has chartered a working group 
that is also developing standards and guidance material for extended 
operations. In ongoing efforts of both the FAA and JAA to coordinate 
regulatory requirements, one of the ARAC ETOPS Working Group tasks was 
to ``harmonize * * * standardized requirements across national 
boundaries and regulatory bodies.'' Toward that end, there are 
representatives who are members of both the ARAC ETOPS Working Group 
and the JAA Working Group. Also, the two groups met together twice in 
Europe to facilitate joint action and harmonization. Second, the 
International Civil Aviation Organization (ICAO) Air Navigation 
Commission (ANC) Operations Panel has decided to develop standards and 
recommended practices (SARPS) for extended range operations. In May of 
2001, the ARAC ETOPS Working Group held one of its meetings in 
Montreal, Quebec, Canada (ICAO's headquarters city) for the purpose of 
briefing members of the ANC and ICAO Air Navigation Bureau staff.

ARAC ETOPS Working Group Task Statement

    The FAA established the ARAC ETOPS Working Group through a notice 
in the Federal Register at 65 FR 37447, dated June 14, 2000. It was 
given the following tasks:
    1. Review the existing policy and requirements found in Advisory 
Circular (AC) 120-42A, applicable ETOPS special conditions, and policy 
memorandums and notices, for certification and operational regulations 
and guidance material for ETOPS approvals up to 180 minutes.
    2. Develop comprehensive ETOPS airworthiness standards for 14 CFR 
parts 25, 33, 121, and 135, as appropriate, to codify the existing 
policies and practices.
    3. Develop ETOPS requirements for operations in excess of 180 
minutes up to whatever extent that may be justified. Develop those 
requirements such that incremental approvals up to a maximum may be 
approved.
    4. Develop standardized requirements for extended range operations 
for all airplanes, regardless of the number of engines, including all 
turbojet and turbopropeller commercial twin-engine airplanes (business 
jets), excluding reciprocating engine powered commercial airplanes. 
This effort should establish criteria for diversion times up to 180 
minutes that is consistent with existing ETOPS policy and procedures. 
It should also develop criteria for diversion times beyond 180 minutes 
that is consistent with the ETOPS criteria developed by the Working 
Group.
    5. Develop additional guidance and/or advisory material as the ARAC 
finds appropriate.
    6. Harmonize such standardized requirements across national 
boundaries and regulatory bodies.
    7. Any proposal to increase the safety requirements for existing 
ETOPS approvals up to 207 minutes must contain data defining the unsafe 
conditions that would warrant the safety requirements.
    8. The Working Group will provide briefings to the Transport 
Airplane and Engine Issues group.
    9. The recommendations should consider the comments received as a 
result of the April 27, 1999 and January 21, 2000 Federal Register 
notices.
    10. Within one year of publication of the ARAC task in the Federal 
Register, submit recommendations to the FAA in the form of a proposed 
rule.

Formation and Membership of the ETOPS Working Group

Formation
    Following the formal tasking notice in the Federal Register, the 
ARAC organized an ETOPS Working Group.
Membership
    The ETOPS Working Group consisted of over 50 representatives of 
U.S. and foreign airlines, aircraft and engine manufacturers, pilots' 
unions, industry groups, air disaster support groups, and

[[Page 64732]]

representatives from the Joint Aviation Authority (JAA), International 
Civil Aviation Organization (ICAO) and the FAA.
    In accordance with the task statement and the Working Group's work 
plan approved by the ARAC Air Carrier Operations Issues Group on August 
15, 2000, the Working Group reviewed existing ETOPS documents and 
developed a risk assessment method for ETOPS and other long-range 
flights. The risk assessment method is comprised of three parts: a loss 
of thrust model; a system safety analysis using the FAR/JAR 25.1309 
process; and an operational assessment assuring that pertinent 
operational considerations are taken into account.
    On the basis of the risk model and their review of long-range 
operations, the Working Group used the following general concepts as 
the basis for proposed regulations and advisory material.
    [sbull] Special considerations must be given for extended range 
flights to prevent the need for a diversion and to protect the airplane 
and passengers during the diversion when it cannot be prevented;
    [sbull] Airplanes must be designed and built for the intended 
mission.
    [sbull] Airplanes must be designed, manufactured, and maintained at 
a level that ensures the original reliability throughout the life of 
the airplane.
    [sbull] When engine reliability reaches a certain level, as 
measured by the In Flight Shut Down (IFSD) rate (IFSD=0.01/1,000 
hours), the risk of independent failures leading to loss of all thrust 
is not significant enough to require limiting the allowed time from an 
airport and other limiting factors come into play.
    [sbull] For part 121 air carrier operations, ETOPS should be 
defined as flights more than 60 minutes from an adequate airport for 
two-engine airplanes and more than 180 minutes from an adequate airport 
for air carrier airplanes with more than two engines. For part 135 
operations ETOPS should be defined as flights more than 180 minutes 
from an adequate airport.
    [sbull] Because of extreme climactic conditions certain ETOPS 
requirements should be applied to Polar operations even if those 
operations would not otherwise be considered ETOPS
    [sbull] Part 135 operations have unique considerations
    Improvements in airplane engine and system reliability have reached 
a point that they may no longer be the constraining factor on the long-
range flight operations. The Working Group found, however, and the FAA 
agrees, that it would be prudent for two-engine airplanes to remain 
within 180 minutes of an adequate airport whenever possible. There is a 
positive correlation between risk and diversion length. Thus the FAA 
believes that diversion lengths should be kept to a minimum.

ARAC ETOPS Working Group Concept General Observations

    As already noted, the working group acknowledged that the 
reliability of aircraft engines and systems has improved to the point 
that it may not be limiting to the operation. The Working Group 
recommended that two-engine airplanes should be approved in many cases 
for 180 minutes ETOPS and ETOPS beyond 180 minutes may be appropriate 
in some situations. The Working Group recommended that airplanes with 
more than two engines should be approved for ETOPS beyond 180 minutes 
in many cases. Even though engine reliability has significantly 
improved, diversions are sometimes necessary for reasons that are 
unrelated to the number of engines on an aircraft and their 
reliability, such as passenger illness or other occurrences.
    Regarding extended range operations by jet-powered airplanes under 
part 135, FAA policy for many years has permitted such flights up to 
180 minutes from an airport, without additional ETOPS-like 
requirements. Operational experience has validated that policy, and the 
Working Group proposal continues existing policy and provides for 
flights with longer diversion times with appropriate additional 
requirements.
    Regarding extended range operations by air carrier airplanes with 
more than two engines, those flights have been conducted without any 
ETOPS-like requirements since the air carrier jet era began. The 
Working Group's proposals would ensure the continued safety of those 
flights by adding requirements in areas that are not dependent upon the 
number of engines on the airplane, such as cargo fire protection 
duration.
    The ETOPS Working Group has proposed regulations and guidance 
material in three specific areas: Type Design (parts 25 and 33); part 
121 Operations; and part 135 Operations.

General Discussion of the Proposal

FAA Approach to the ARAC Recommendations

    In developing this proposal the FAA has accepted ARAC 
recommendations without change where possible. The FAA made changes for 
clarity, to correct for incomplete ARAC recommendations, to ensure that 
requirements are legally sufficient, and to make improvements in style 
of presentation. The FAA provides explanation in this notice for any 
substantial differences with the ARAC recommendation.

General Issues

Terminology--Extended Operations (ETOPS)
    This proposal has two primary objectives: (1) To create new 
regulations and amend existing regulations for the design, maintenance, 
and operation of aircraft used in ETOPS; thus far ETOPS has been 
allowed by the FAA's discretionary authority and supported by an 
Advisory Circular and; (2) To apply the lessons learned from ETOPS to 
all airplanes that are operated in Extended Operations (ETOPS) 
regardless of the number of engines. The acronym ETOPS would apply to 
all airplanes in Extended Operations and not just twin-engine 
airplanes. These rules would apply equally to airplanes operating over 
oceanic areas or routes entirely over land.
Risk Model
    Item 3 of the ARAC tasking was to ``develop ETOPS requirements for 
operations in excess of 180 minutes up to whatever extent that may be 
justified.'' At the early ARAC ETOPS Working Group meetings, the FAA 
presented a new risk model for assessing risk on an ETOPS flight. The 
new approach for assessing the overall risk of critical thrust loss on 
an ETOPS flight considers such factors as the length of the flight and 
engine reliability in addition to the more traditional maximum 
diversion time.
    The ARAC ETOPS Working Group adopted the FAA's proposed risk model 
and further developed it to apply it to three and four engine 
airplanes. It did this by including the corresponding engine failure 
rate that would be required to achieve an equivalent risk of critical 
thrust loss due to independent failures on three and four engine 
airplanes. We will now summarize the risk model used in the development 
of this proposed rule.
    The basic premise that the FAA used in developing its risk model is 
that ETOPS service experience is excellent and that any changes to 
allow further expansion of ETOPS need to preserve this record. With 
this premise in mind, the basic objective is to define a risk model 
that would allow an expansion of two engine airplane operations to use 
the same routes as three and four engine airplanes with no substantial 
change in the overall risk.

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    Currently, we manage dual engine shut down risk on two engine 
airplanes by limiting the maximum allowable diversion distance and 
requiring a low engine in-flight shutdown rate. This is a one-
dimensional risk model in that with a constant in-flight shutdown rate, 
the existing ETOPS requirements and policy consider only the maximum 
distance that an operator may plan a route from an enroute diversion 
airport. It assumes that there is a constant risk during the course of 
a flight with no consideration of how the actual diversion times vary 
along the track as different alternate airports come into and out of 
range of the airplane. This approach also does not consider the 
increase in overall risk that is created by increasing an airplane's 
range, and thus time aloft, by adding fuel. Further, this model 
provides no means to assess the effect on overall risk with changes 
with engine failure rates. Actual ETOPS involve continuously changing 
distances to alternates. Current ETOPS limits on maximum diversion time 
don't represent real world risk because diversions can occur anywhere 
along the track, not just at the maximum point. The new ETOPS risk 
model adopted for the development of this new proposed rule is based on 
the introduction of a ``two dimensional'' model to replace the ``one 
dimensional'' maximum diversion time/distance model currently in use.
    The new ETOPS Exposure Index is a simplified form of several risk 
equations that have been developed over the past forty years. All share 
similar characteristics. The ARAC ETOPS Working Group compared several 
different mathematical representations for allowable risk versus engine 
failure rate. Each showed that an engine failure rate on the order of 
0.01 per 1,000 engine flight hours was adequate to allow diversion 
times for two engine airplanes that for all practical purposes could be 
considered as unrestricted.
    The new risk model consists of a comparative risk index based on a 
combination of range, average diversion distance, and engine failure 
rate. Independent cause dual engine shut down risk is driven by the 
footprint area of the route multiplied by the engine failure rate (E) 
squared. The footprint area is defined as the route length (L) 
multiplied by the average diversion distance (D). Note that the engine 
shut down rate is squared to account for loss of first engine and then 
loss of second engine. Therefore, we define ``ETOPS Exposure Index'' 
(EEI) as a function of:
    [sbull] Footprint Area (Route Length x Average Diversion Distance) 
(L x D) and
    [sbull] E2 (Engine Failure Rate Squared)

EEI = L x D x E2

    The ETOPS Exposure Index can be used as an evaluation tool to 
assess risk of ETOPS operations due to independent engine failure 
causes. Assuming the following values for each of the terms of the 
equation:
    [sbull] Route Length = 5500 nautical miles,
    [sbull] Average Distance for 180 minute ETOPS = 800 nautical miles, 
and
    [sbull] Engine failure rate at the current required level = 0.02 
shutdowns/1,000 engine-hours or 50,000 hours time between shutdowns.
    The EEI would then be:

EEI = 5500 x 800 x 0.022 = 1760

    With the ETOPS Exposure Index fixed at this level, longer flights 
and greater maximum diversion distances can be offset by decreased 
engine failure rate. In other words, as E becomes smaller, L and/or D 
can increase appropriately. An engine failure rate of one-half the 
current requirement (E = 0.01/1,000 engine-hours) would allow a four 
times increase in ``footprint'' area.

EEI = L x D x E2
EEI = 5500 x 800 x 0.022 = 1760 equals
EEI = 5500 x 3200 x 0.012 = 1760 equals
EEI = 11,000 x 1600 x 0.012 = 1760

In other words, with an engine failure rate that is one-half the 
current requirement for 180 minute ETOPS we could allow four times the 
average diversion distance or a combination of increased route length 
and average diversion distance with no change in the current ETOPS 
risk.
    For a two engine airplane, engine failure rate has the biggest 
impact on ETOPS risk because the factor is squared. A reduction in the 
engine failure rate has a large impact on the size of an allowable 
footprint area for the same risk. Using the ETOPS Exposure Index 
concept with a reduction in the engine failure rate standard allows the 
development of ETOPS rules for two engine airplanes that minimize 
restrictions on airline operations while maintaining the current 
excellent ETOPS safety record.
    Current in-service engines are capable of achieving better than 
100,000 hours time between shutdowns (.01/1,000 engine-hours), or 
double the current ETOPS reliability standard. This represents two in-
flight shutdowns in the entire life of a typical transport airplane. It 
is not reasonable to expect that two in-flight shutdowns due to 
independent causes in the entire life of a typical transport airplane 
would occur on the same flight.
    With an IFSD rate of 0.01/1,000 hours, the probability of complete 
loss of thrust due to independent failures will be sufficiently low so 
that the main focus of long-range operational safety can be on reducing 
the possibility of other risk factors.
    We emphasize that this risk model represents a good tool for 
evaluating the risk of critical thrust loss due to ``independent'' 
failure causes. The biggest threat to long-range operational safety 
continues to be the loss of thrust from multiple engines resulting 
from:

Common Cause Multiple Failures
Cascading Multiple Failures
Fuel Exhaustion

These threats are common to all long-range operations, regardless of 
the number of engines on the airplane.
    Examples of common cause multiple failure events:

Eastern Airlines L1011 nearly lost all engines after improper 
installation of engine magnetic chip detectors.
B-747 volcanic ash cloud encounter during volcanic eruption in Alaska--
All engines severely damaged by ash.

    Example of potential cascading failure:
Worn-out second engine fails after application of higher power 
following failure of first engine

    Examples of Fuel Exhaustion events:

Air Canada 767--No power landing into Gimli, Canada
Air Transat A330--No power landing in the Azores

    Sources of Common Cause and Cascading Failures:

Common Design Faults
    Hardware
    Software
Environmental Exposures
    Weather
    Volcanic Ash Clouds
    Bird Strikes
    High Intensity Radiated Fields (HIRF)
    Lightning
    Simultaneous Maintenance on More than One Engine
    Contaminated Fuel

    Sources of Fuel Exhaustion:
Operational Errors
    Fuel System Mismanagement
    Fuel Loading Errors
Misleading Fuel Quantity Indications
Misleading Fuel Loading Procedures particularly during a non-normal 
(MEL) dispatch

    Constant awareness of potential sources of common cause failures, 
cascading failures, and fuel exhaustion is the key to continued long-
range operational safety. This awareness, growing from operating 
experience, is the basis for continued ETOPS safety. ETOPS safety 
enhancements focus on defining methods to prevent potential threats 
caused by known sources.
    Examples of Common Cause/Cascading Failure Prevention Strategies:


[[Page 64734]]


1. No single person performing simultaneous engine maintenance or 
servicing
2. Conservative fuel loading requirements
3. Intense rain/hail ingestion engine design requirements
4. Constant adherence to established ETOPS procedures without exception
5. Robust engine condition monitoring program

The FAA incorporated prevention strategies for these types of failures 
into airworthiness requirements and ETOPS policy as we learned of them. 
This proposal would codify those prevention strategies for known 
sources of common cause, cascading and fuel exhaustion failures that 
have not been incorporated into the regulations.
    The ARAC ETOPS Working Group also looked at how the new risk model 
could be applied to airplanes with more than two engines. For these 
types of airplanes, the working group had to decide what a critical 
loss of thrust was in order to determine the impact that engine failure 
rate would have on overall risk. For a two-engine airplane, the risk 
model assumes that a loss of both engines is a critical thrust loss. 
This is because there is a general expectation that the result of such 
an occurrence would be a catastrophic loss of the airplane; though 
there are examples of safe landings following the loss of both engines. 
The working group applied a similar approach to define a critical 
thrust loss for airplanes with more than two engines.
    The operating rules contained in 14 CFR part 121 have minimum 
performance requirements with two engines inoperative for airplanes 
that have more than two engines. Using this as a guide, the working 
group assumed that critical thrust loss for both three and four engine 
airplanes would be three engines. If three engines fail on either kind 
of airplane, there is a general expectation that the result would be a 
catastrophic loss of the airplane. In other words, the risk model 
assumes the fourth engine on a four-engine airplane provides no 
additional safety benefit compared to the loss of all engines on a 
three-engine airplane. As is the case for two-engine airplanes, there 
are examples where a flight crew was able to safely land a four-engine 
airplane following the loss of three of the engines. However, the ETOPS 
risk model makes the conservative assumption that this would result in 
loss of the airplane.
    This assumption for three and four engine airplanes changes the 
risk model equations so that for these types of airplanes, the 
probability of the loss of three engines would be much more remote than 
the loss of both engines on a two engine airplane. Under this 
assumption there is a higher probability of losing three engines on a 
four-engine airplane than on a three-engine airplane. The following 
example illustrates the concept. A three-engine and a four-engine 
airplane are in-flight. Both airplanes suffer the loss of two-engines 
due to independent causes but can reach a diversion airport. However 
the loss of an additional engine for either airplane at this point 
would be catastrophic for the airplane. The three-engine airplane has a 
single engine that could possibly fail while the four-engine airplane 
has two engines that could possibly fail. In this unlikely situation, 
the four-engine airplane is at greater risk because the probability of 
experiencing an engine failure event increases with the number of 
engines. Assuming that the engine failure rate is the same for each 
type of airplane, a four-engine airplane would have twice the 
probability of losing one of the two remaining engines than the three-
engine airplane would have of losing the one remaining engine.
    Using the available risk model equations with these considerations, 
the ARAC ETOPS Working Group determined that the in-flight shutdown 
rate for a three engine airplane would be approximately 0.2 shutdowns 
per 1,000 engine-hours to have an equivalent risk of critical thrust 
loss compared to a two engine airplane with an in-flight shutdown rate 
of 0.01 per 1,000 engine-hours. On a four-engine airplane, the 
equivalent in-flight shutdown rate would be 0.1 per 1,000 engine-hours.
    Because these rates are so high compared to the failure rates 
currently achieved by today's turbine engines, the FAA does not 
consider it necessary to specify in-flight shutdown rates for three and 
four engine airplanes other than as part of an operator's propulsion 
system monitoring program. Under these programs, the operator must 
notify the FAA and take corrective action if these rates are exceeded.
In-flight Shutdown (IFSD) Rate
    Propulsion system monitoring is vital to ensure safe ETOPS flights. 
A propulsion system monitoring program is intended to detect adverse 
trends, to identify potential problems, and to establish criteria for 
when corrective action may be necessary. The certificate holder would 
have to ensure that its ETOPS airplanes have In-Flight Shutdown (IFSD) 
rates commensurate with the world fleet's operation for that airplane 
type. Propulsion system monitoring at the operator level has been 
accomplished via the guidance of AC 120-42A which defined specific IFSD 
rates for ETOPS.
    Propulsion system problems and IFSD may be caused by type design 
deficiencies, ineffective maintenance or operational procedures. It is 
very important to identify the root cause of events so that appropriate 
corrective action may be determined. The diverse causes of propulsion 
system problems require different solutions. For example, type design 
problems may affect the world fleet of aircraft. If an individual 
certificate holder experiences a problem caused by a type design issue, 
it may not be appropriate for the FAA to reduce or withdraw the 
particular operator's ETOPS authority. However, maintenance or 
operational problems may be wholly, or partially, the responsibility of 
the certificate holder. If a certificate holder has an unacceptable 
IFSD rate risk attributed to maintenance or operational practices, then 
action carefully tailored to that certificate holder may be required.
    The FAA does not use IFSD rate as the sole means to determine a 
certificate holder's ETOPS authority. The FAA considers the 12-month 
rolling average standard that occurs for a mature fleet after the 
commencement of ETOPS. A high IFSD rate could be due to the limited 
number of engine operating hours used as the denominator for the rate 
calculation or a small fleet. The effect may be an IFSD rate jump well 
above the standard rate due to a single IFSD event. The underlying 
causes for such a jump in the rate will have to be considered by the 
Administrator. Conversely, there may be occasions when a single ETOPS 
event may warrant corrective action even though the overall IFSD rate 
is not exceeded. In such a case, the cause would be certificate holder 
specific and may require changes to their operational, dispatch or 
maintenance procedures.
Configuration, Maintenance, and Procedures (CMP) Document
    The use of a CMP document has been in the ETOPS criteria from AC 
120-42, and later 120-42A, from the very first ETOPS airplane 
approvals. The CMP document defines airplane and propulsion system 
design configurations, maintenance procedures, and operational 
procedures required to comply with the ETOPS requirements that are not 
already a part of the original type design approved by the original 
issuance of the airplane and engine type certificates.
    The CMP document is comprised of service bulletins, service 
letters,

[[Page 64735]]

maintenance manual references, and other pertinent documents which 
define the alterations, maintenance or operational requirements and 
limitations that the FAA requires to make an airplane type design 
suitable for ETOPS. The CMP is an amendment to the airplane type design 
defined in 14 CFR 21.31. The initial CMP approval, as a change to the 
type design, is analogous to other type design approvals for specific 
operations such as Category III autoland approval for autopilot systems 
that could involve design changes to a previously certified system.
    After ETOPS approval, the CMP may be modified by any airworthiness 
directives (ADs) issued in accordance with part 39 that supersede 
existing CMP requirements. CMP document requirements will not increase 
except by AD.
    Misconceptions about the criteria for revising CMP documents 
generated some of the biggest discussions in the ARAC ETOPS Working 
Group meetings. The FAA approved airplanes for ETOPS under the original 
AC 120-42 between 1985 and 1989 without a defined propulsion system 
reliability standard. The approach used in AC 120-42 to assess the 
suitability of an airplane-engine combination for ETOPS was to use a 
``fix all problems'' approach. This process involved identifying the 
causes of propulsion system problems in service on the candidate 
airplane and including identified corrective actions into an approved 
CMP document as a condition for ETOPS approval. This was an ongoing 
process and the FAA conducted regular reviews to determine additional 
corrective actions as new problems occurred in service. As a result, 
the FAA routinely required the airplane manufacturer to revise the CMP 
documents during this period.
    The ``fix all problems'' approach to airplane propulsion system 
assessment was carried over into the revised AC 120-42A at the end of 
1988, and continues on in this notice in proposed part 25 Appendix L 
paragraph II(a)(ii). However, revision A of the AC added a propulsion 
system reliability standard as a provision for ETOPS type design 
approval that did not exist in the original AC. With an established 
propulsion system reliability standard, the FAA now had a gauge to 
monitor the safety of the approved ETOPS fleet without a need to 
continually update the CMP as new problems occurred. Also, several 
ETOPS operators began objecting to the FAA requiring them to 
continually upgrade existing ETOPS approved airplanes without any input 
to the changes being required.
    The FAA recognized that our previous practice of requiring upgrades 
to already approved airplanes without prior public review created an 
undue burden on operators. As a result, the FAA changed its approval 
process for revisions to CMP documents. The FAA documented this change 
in an internal memorandum signed by the managers of the Transport 
Airplane Directorate, and the Engine and Propeller Directorate on April 
3, 1990. In that memo, the directorate managers noted that the AC gave 
them the responsibility for the continuing airworthiness of the type 
design CMP standard and that the CMP should not be changed unless the 
reliability of the airplane-engine combination is not achieving or 
maintaining the reliability objective, or some other unsafe condition 
arises. As with any type design, the FAA permits manufacturers and 
operators to incorporate minor changes and routine enhancements by 
service bulletins or production design changes. However, the FAA will 
not mandate such enhancements in a revision to the CMP standard. The 
memo concludes by stating that the Transport Airplane and the Engine 
and Propeller Directorates plan to use the AD process to control the 
continuing airworthiness type design requirements of the ETOPS CMP 
standard.
    As a result of the joint memo, the FAA established strict 
guidelines for CMP revisions to ensure that the requirements of the 
basic CMP standard originally approved for an airplane-engine 
combination are not increased without going through the AD process.
    The FAA approves revisions to an airplane's CMP document for the 
following reasons:
    1. When incorporating the CMP standard for a newly approved 
airplane-engine combination into an existing CMP document.
    2. When correcting errors in previous revisions.
    3. When ADs are issued that supersede existing CMP requirements.
    4. When approving optional alternatives to existing requirements.
    5. When mandating changes to the CMP by an AD.
    The FAA aircraft certification offices have used these guidelines 
since issuance of the joint memo to approve CMP revisions. Because 
operators had already complied with several revisions to previously 
approved CMP documents in force at the time the FAA issued the new CMP 
guidelines, the FAA worked with the airlines and the manufacturers to 
establish ``baseline'' CMP requirements for each ETOPS approved 
airplane-engine combination. The affected operators agreed to ensure 
that all of the requirements of these baseline CMPs are incorporated 
into their ETOPS fleets. Thereafter, the new CMP revision guidelines 
would be the standard way of making subsequent revisions.
Summary of the Proposed Changes
    The following chart summarizes which operations would be affected 
by the proposed rule changes:

--------------------------------------------------------------------------------------------------------------------------------------------------------
                               Current requirements                                                             Proposed rule
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                            Beyond 60 min up to
                                        Up to 60  minutes      Beyond 60 minutes       Up to 60 minutes         180 minutes         Beyond  180 minutes
--------------------------------------------------------------------------------------------------------------------------------------------------------
Part 121 two engine................  Section 121.161         Advisory material and  No change............  Would apply (Would     Would apply.
                                      applies.                policy letters.                               codify previous
                                                                                                            practice).
Part 121 more than two engine......  No current regulation.  No current regulation  No change............  No change............  Would apply.
Part 135...........................  No current regulation.  No current regulation  No change............  No change............  Would apply.
--------------------------------------------------------------------------------------------------------------------------------------------------------

BILLING CODE 4910-13-P

[[Page 64736]]

    The chart below summarizes ETOPS regulations before and after the 
proposed changes.
[GRAPHIC] [TIFF OMITTED] TP14NO03.002

BILLING CODE 4910-13-C

[[Page 64737]]

Section-by-Section Discussion of the Proposal

    We begin the discussion by clarifying the term ``ETOPS''. Since its 
inception eighteen years ago, the term ``ETOPS'' has described 
extended-range operations of two-engine air carrier airplanes under a 
deviation from 14 CFR 121.161. The term has gained broad acceptance 
among operators and regulators throughout much of the world.
    This proposal would create regulatory requirements for extended 
operations for all air carrier airplanes. As described previously, the 
thresholds for applicability would vary by the number of engines and 
type of operation. In its deliberations, the Working Group stated that 
it struggled with the question of whether to use a new term to describe 
the operations of airplanes beyond 180 minutes from an adequate 
airport. Early on, the Working Group considered and agreed to the term 
``LROPS'' which stands for Long Range Operations to describe flights 
beyond the 180-minute threshold. However, as their efforts progressed 
the Working Group found that the use of two terms (ETOPS and LROPS) for 
two-engine airplanes flying beyond 60 minutes and 180 minutes from an 
airport quickly became awkward and cumbersome. Further, the Working 
Group members representing the maintenance community expressed great 
concern that the introduction of the LROPS term would needlessly create 
confusion among the maintenance community and would also require 
painstaking and potentially expensive revisions to numerous maintenance 
manuals and programs. In order to avoid any potential confusion, the 
Working Group recommended the use of the term ETOPS for all air carrier 
extended range operations irrespective of the number of engines.
    The FAA strongly agrees with this recommendation. The FAA also 
believes that the addition of a new term could needlessly create 
confusion. Further it would potentially dilute the intent of this 
proposal, which is to codify existing ETOPS standards and procedures 
and to extend those concepts to airplanes with more than two engines. 
The FAA believes that the introduction of a new term could be 
misinterpreted as creating a new operational concept as opposed to the 
extension of an existing one.
    The proposed amendments to the Type Design Rules 14 CFR parts 25 
and 33 and supporting advisory material are a consolidation of 
requirements taken from AC 120-42A, the 777 Special Conditions, and JAA 
Information Leaflet (IL) 20. The materials contained in the proposed 
Airplane Type Design Rule (part 25) and AC are a compilation of the 
existing AC120-42A, 777 Special Condition, and JAA IL20.
    The following discussion takes each of the Rule sections and 
attempts to capture all of the comments and discussion from the ARAC 
activities.

Part 1

Section by Section Discussion of the Proposed Changes to Part 1

Section 1.1--General Definitions
    The proposed definitions were adopted directly from the ARAC 
recommendation. This proposal would establish three different 
definitions of ETOPS in three significant ways. In each case, the 
acronym would stand for ``extended operations'' for all airplanes 
regardless of the number of engines. The definition would vary in part 
121, however, depending on whether the airplane involved has two 
engines or more than two engines. This proposal also would introduce 
ETOPS into part 135 for the first time, where ETOPS would have a third 
definition. The FAA believes the remainder of the proposed definitions 
for section 1.1 are self-explanatory.

Part 21

    The amendments to part 21 would create reporting requirements for 
the holders of type certificate for two-engine ETOPS airplanes and 
ETOPS eligible engines. This would require type certificate holders to 
closely monitor the performance of their products to ensure their 
continuing reliability. These amendments would also ensure that the FAA 
is kept apprised of any existing or potential problems in a timely 
manner.

Section by Section Discussion of the Proposed Changes to Part 21

Proposed New Section 21.4--ETOPS Reporting Requirements
    This proposal would add a new regulation consisting of two parts, 
Early ETOPS Problem Reporting & Tracking for all ETOPS airplanes, and 
ETOPS Operational Service Reliability Reporting for two-engine 
airplanes.
Explanation
    1. Reporting for all ETOPS airplanes. The proposed rule is a 
codification of what the FAA considers to be one of the essential and 
objective elements of the early ETOPS Special Conditions (SC) for the 
B777 aircraft; specifically as they pertain to problem tracking and 
reporting. The FAA accepts the ARAC recommendation and proposes it as a 
new section 21.4. Section 21.4 would require the type certificate 
holder to establish an early ETOPS problem reporting system. The 
proposed system would contain a means for the prompt identification of 
those problems that could impact the safety of ETOPS operations in 
order that they may be resolved in a timely manner. The system would 
also contain the process for the timely notification to the responsible 
FAA office of all relevant problems encountered, and identification of 
corrective actions deemed necessary and provide for appropriate FAA 
review of all planned corrective actions. The system would be in place 
for the first 250,000 engine-hours of fleet operating experience after 
the airplane enters service.
    For two-engine ETOPS airplanes the system would remain in effect 
beyond 250,000 engine-hours of fleet operating experience until the 
fleet has demonstrated a specified and stable IFSD rate consistent with 
the approved diversion time of the aircraft. For the service period, 
this system would define the sources and content of in-service data 
that will be made available to the type certificate holder in support 
of the problem tracking system. The content of the data provided would 
include the data necessary to evaluate the specific cause of all 
service events reportable under section 21.3(c) of part 21, in addition 
to any other failure or malfunction that could affect the safety of 
ETOPS operation. Ten event occurrences, specifically defined with 
respect to reliable, safe ETOPS operation that would require reporting 
are defined in the proposal.
    2. Reporting for two engine ETOPS airplanes. Paragraph (b)(1) of 
the proposed section 21.4 would require engine and airplane 
manufacturers to report periodically on the reliability of their two-
engine airplane fleets. Reporting would include: IFSD events, IFSD 
rates, and ETOPS fleet statistics. This reporting may be combined with 
the reporting required by section 21.3. The proposed rule also would 
require the identification of cause and appropriate corrective action 
to assure reliable, safe ETOPS operations.
    The periodic reporting of the reliability required of the 
manufacturers of engines and airplanes approved for ETOPS service would 
begin at the introduction of the product into service and continue 
throughout its product life. The interval of the reporting would be 
more frequent early in its product cycle and generally longer later in 
its product service life, especially after the product has achieved 
maturity with regard to engine reliability. Reliability would be 
indicated by a stable engine

[[Page 64738]]

shutdown event rate at or below the target values.
    Generally, early product service life reporting on a quarterly 
basis is adequate, especially considering the fact that the 
manufacturers report engine failure events as they occur under the 
requirements of section 21.3. Event rates may fluctuate considerably 
early in the product's service life cycle because, although the fleet 
is growing in numbers of engine-airplane combinations in service, the 
accumulation of engine flight hours is generally slow. Typically, event 
rates are not very stable when the fleet cumulative time is less than 1 
or 2 million engine flight hours. Therefore the focus should be on 
event occurrences, not failure rates, with a small fleet typical of 
early service time.
    After maturity (a stable engine shutdown event rate at or below the 
target values) with a large fleet, reporting intervals continue on a 
quarterly basis. Regardless of fleet size, fleet age, and state of 
maturity, engine failures are reported under the requirements of 
section 21.3.
    3. Paragraph (b)(2) of the proposed section 21.4 identifies world 
fleet IFSD rate/reliability requirements. The standards in section 
21.4(b)(2)(i) are the IFSD rates compatible with the current FAA ETOPS 
AC and Policy for operation up to 180 minutes (including North Pacific 
operation). The standard in section 21.4(b)(2)(ii) is an IFSD rate 
compatible with operation beyond 180 minutes to 240 minutes and beyond, 
as contained in the proposed Operational rule and guidance material.
    As discussed in this proposed NPRM, an IFSD rate of 0.01/1,000 
Engine Flight Hours (EFH) is consistent with an extremely improbable 
risk of a dual in-flight power loss from independent causes for a two-
engine airplane, even assuming a decision of practically unlimited 
duration. The rates given are not operator specific, but rather apply 
across the fleet of a given airplane-engine combination.
    The FAA expects implementation of corrective action will maintain 
an acceptable in-flight shutdown rate below the required levels. This 
is borne out by the current ETOPS fleet in-flight shutdown rates, which 
have achieved and consistently maintained rates at or below 0.01 per 
1,000 engine-hours. If the normal airworthiness monitoring process is 
not sufficient by itself to maintain an acceptable propulsion system 
reliability for a particular airplane-engine combination, then the FAA 
may require additional corrective actions, or reduce or withdraw the 
ETOPS diversion authority as described in section 21.4(c), if the risk 
of dual power loss is unacceptably high. Before such action is taken, 
however, the certificate holder and the FAA will assess the fleet-wide 
risk based upon the risk model developed for ETOPS presented in this 
preamble.

Part 25

Section by Section Discussion of the Proposed Changes to Part 25

Proposed Change to Paragraph 25.857(c)(2)--Cargo Fire Suppression
    The proposed change to section 25.857(c)(2) would require that the 
applicant furnish the certified time capability of a Class C cargo fire 
suppression system in the Airplane Flight Manual (AFM) in accordance 
with section 25.1581(a)(2). The time capability of a system is the 
maximum length of time a system can suppress a fire.
Explanation
    The proposed new section 121.633 and part 135, Appendix H, 
paragraph E would specify that the time that an operator needs to fly 
to a planned ETOPS alternate may not exceed the maximum time capability 
specified in the Airplane Flight Manual for the airplane's most time 
limited system. This change to section 25.857(c)(2) and a similar 
requirement in the new Appendix L, section I, paragraph (e)(4) will 
ensure that the Airplane Flight Manual provides the information that 
the operators will need regarding the fire suppression system to comply 
with the operating requirements. The justification for these changes is 
further discussed in the explanations for those proposed operating 
rules.
Proposed New Section 25.1535--ETOPS Approval
    A proposed new section 25.1535 would prescribe the requirements for 
obtaining ETOPS type design approval.
Explanation
    This new rule in the body of part 25 is effectively a pointer to a 
new Appendix L, which sets out additional design, analysis and test 
requirements for ETOPS type design approval. This rule also requires 
that in showing compliance with part 25 rules the applicant must 
consider the maximum length ETOPS mission. The applicant must also 
consider the effects of airplane system failure on crew workload and 
passenger physiological needs during a diversion of the maximum time 
considered. The system safety assessment required by section 25.1309 is 
an example of a rule where the ETOPS mission profile would be 
considered in an analysis to determine compliance. The ETOPS mission 
profile (including the maximum diversion time) could also affect the 
compliance analysis for section 25.1011(b) concerning oil endurance, 
and section 25.571 governing structural fatigue and damage tolerance.
    This proposed rule is crucial to ensure that throughout the 
airplane design, the ETOPS mission profile is properly considered, and 
the standard of compliance is high because of it. The ``ETOPS 
Scenario'' diagram and the ETOPS significant systems definition that 
would be provided in the associated advisory circular for this rule are 
good tools that system designers can use to assess all conditions 
although they are not regulatory. There are also additional 
requirements in Appendix L to provide focus on those airplane systems 
that have, historically, been important to ETOPS operations such as 
electrical power, APU, and fuel systems. The emphasis on these specific 
airplane systems does not mean that these are the only airplane systems 
that are important to ETOPS. The section 25.1535 and Appendix L 
requirements along with the advisory circular guidance for ETOPS 
significant systems and the ETOPS mission profile provide the basis for 
assessing other airplane systems for ETOPS approval.
Proposed New Part 25 Appendix L--Extended Operations
    A proposed new appendix L to part 25 defines additional 
airworthiness requirements for ETOPS approval.
Explanation
    Appendix L would codify the airworthiness standards unique to ETOPS 
from Advisory Circular 120-42A, the Boeing 777 ETOPS special 
conditions, and the 207-minute ETOPS Policy Letter EPL 20-01. The 
requirements of Appendix L would go beyond simply considering the ETOPS 
mission in applying the basic part 25 requirements.
    Since we would not require an applicant to comply with these ETOPS 
requirements in order to receive a basic part 25 type certificate, we 
decided that a separate appendix to part 25 would be the best location 
for these additional requirements for ETOPS.
Appendix L Format
    Appendix L is organized into three sections. Section I sets out 
design requirements that all airplanes must comply with for ETOPS 
approval. Section II prescribes specific requirements for two engine 
airplanes. Section III prescribes specific

[[Page 64739]]

requirements for airplanes with more than two engines.
    The proposed numbering system and organization of Appendix L is a 
significant departure from the ARAC recommendation. As an aid to 
readers familiar with the original ARAC proposal, Tables 1 and 2 cross-
reference the original Appendix L paragraph numbers recommended by ARAC 
to the reorganized appendix proposed in this notice.

                 Table 1.--Cross-Reference of ARAC Proposed and New Appendix L Paragraph Numbers
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                  Original ARAC Proposal                New
----------------------------------------------------------
L25.1.............................  .....................  Appendix L..........  Applicability
L25.2.............................  (a)..................  Section I...........  (a)
                                    (a)(i)...............  Section I...........  (a)(1)
                                    (a)(i)(1)............  Section I...........  (a)(1)(i)
                                    (a)(i)(2)............  Section I...........  (a)(1)(ii)
                                    (a)(ii)..............  Section I...........  (a)(2)
                                    (a)(ii)(1)...........  Section I...........  (a)(2)(i)
                                    (a)(ii)(2)...........  Section I...........  (a)(2)(ii)
                                    (a)(ii)(3)...........  Section I...........  (a)(2)(iii)
                                    (a)(iii).............  Section I...........  (a)(3)
                                    (b)..................  Section I...........  (b)
                                    (b)(i)...............  Section I...........  (b)(1)
                                    (b)(i)(1)............  Section I...........  (b)(1)(i)
                                    (b)(ii)..............  Section I...........  (b)(1)
                                    (b)(iii).............  Section I...........  (b)(1)(ii)
                                    (b)(iv)..............  Section I...........  (b)(2)
                                    (b)(iv)(1)...........  Section I...........  (b)(2)(i)
                                    (b)(iv)(2)...........  Section I...........  (b)(2)(ii)
L25.3.............................  (i)..................  Section II..........  (b)(1)
                                    (ii).................  Section II..........  (b)(2)(ii)
                                    (iii)................  Section I...........  (c)
L25.4.............................                         Section II, Section   ...............................
                                                            III
                                    (a)..................  Section II, Section   (a)
                                                            III.
                                    (a)(i)...............  Section II, Section   (a)(1)
                                                            III.
                                    (a)(ii)..............  Section II, Section   (a)(1)
                                                            III.
                                    (a)(iii).............  Section II..........  (a)(2), (a)(3)
                                                           Section III.........  (a)(2)
                                    (a)(iv)..............  Section II..........  (a)(4)
                                    (a)(iv)(a)...........  Section II..........  (a)(4)(i)
                                    (a)(iv)(b)...........  Section II..........  (a)(4)(ii)
                                    (a)(iv)(c)...........  Section II..........  (a)(4)(iii)
                                    (a)(v)...............  Section II..........  (a)(3)
                                                           Section III.........  (a)(2)
                                    (a)(vi)..............  Section II..........  (a)(5)
                                                           Section III.........  (a)(3)
                                    (a)(vii).............  Section I...........  (d)
                                    (b)..................  Omit                  ...............................
                                    (b)(i)...............  Section II..........  (b)(9)
                                                           Section III.........  (b)(6)
                                    (b)(i)(1)............  Section II..........  (b)(4)
                                    (b)(i)(1)(a).........  Section II..........  (b)(4)(i)
                                    (b)(i)(1)(b).........  Section II..........  (b)(4)(ii)
                                    (b)(i)(2)............  Section II..........  (b)(6)
                                    (b)(i)(2)............  Section III.........  (b)(3)
                                    (b)(i)(3)............  Section II..........  (b)(7)
                                    (b)(i)(3)............  Section III.........  (b)(4)
                                    (b)(i)(3)(a).........  Section II..........  (b)(7)(i)
                                                           Section III.........  (b)(4)(i)
                                    (b)(i)(3)(a)(i)......  Section II..........  (b)(7)(i)(1)
                                                           Section III.........  (b)(4)(i)(1)
                                    (b)(i)(3)(a)(ii).....  Section II..........  (b)(7)(i)(2)
                                                           Section III.........  (b)(4)(i)(2)
                                    (b)(i)(3)(a)(iii)....  Section II..........  (b)(7)(i)(3)
                                                           Section III.........  (b)(4)(i)(3)
                                    (b)(i)(3)(a)(iv).....  Section II..........  (b)(7)(i)(4)
                                                           Section III.........  (b)(4)(i)(4)
                                    (b)(i)(3)(a)(v)......  Section II..........  (b)(7)(i)(5)
                                                           Section III.........  (b)(4)(i)(5)
                                    (b)(i)(3)(a)(vi).....  Section II..........  (b)(7)(i)(6)
                                                           Section III.........  (b)(4)(i)(6)
                                    (b)(i)(3)(b).........  Section II..........  (b)(7)(ii)
                                                           Section III.........  (b)(4)(ii)
                                    (b)(i)(3)(c).........  Section II..........  (b)(7)(iii)
                                                           Section III.........  (b)(4)(iii)
                                    (b)(i)(3)(d).........  Section II..........  (b)(7)(iv)
                                                           Section III.........  (b)(4)(iv)
----------------------------------------------------------------------------------------------------------------


[[Page 64740]]


           Table 1.--Cross-Reference of ARAC Proposed and New Appendix L Paragraph Numbers--Continued
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                  Original ARAC Proposal                New
----------------------------------------------------------
                                    (b)(i)(3)(e).........  Section II..........  (b)(7)(v)
                                                           Section III.........  (b)(4)(v)
                                    (b)(ii)..............  Section II..........  (b)(8)
                                                           Section III.........  (b)(5)
                                    (b)(ii)(a)...........  Section II..........  (b)(8)(i)
                                                           Section III.........  (b)(5)(i)
                                    (b)(ii)(b)...........  Section II..........  (b)(8)(ii)
                                                           Section III.........  (b)(5)(ii)
                                    (b)(ii)(c)...........  Section II..........  (b)(8)(iii)
                                                           Section III.........  (b)(5)(iii)
                                    (b)(ii)(d)...........  Section II..........  (b)(8)(iv)
                                                           Section III.........  (b)(5)(iv)
                                    (b)(iii).............  Section II..........  (b)(3)
                                                           Section III.........  (b)(1)
                                    (c)..................  Section II, Section   (c)
                                                            III.
                                    (c)(i)...............  Section II, Section   (c)(1)
                                                            III.
                                    (c)(ii)..............  Section II, Section   (c)(2)
                                                            III.
L25.5.............................                         Section I...........  (e)(4)
----------------------------------------------------------------------------------------------------------------


                 Table 2.--Cross-Reference of New and ARAC Proposed Appendix L Paragraph Numbers
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                           New                 Original ARAC Proposal
----------------------------------------------------------
Appendix L........................  Applicability........  L25.1...............
Section I.........................  .....................  L25.2...............
                                    (a)..................  L25.2...............  (a)
                                    (a)(1)...............  L25.2...............  (a)(i)
                                    (a)(1)(i)............  L25.2...............  (a)(i)(1)
                                    (a)(1)(ii)...........  L25.2...............  (a)(i)(2)
                                    (a)(1)(iii)..........  New.................
                                    (a)(2)...............  L25.2...............  (a)(ii)
                                    (a)(2)(i)............  L25.2...............  (a)(ii)1
                                    (a)(2)(ii)...........  L25.2...............  (a)(ii)(2)
                                    (a)(2)(iii)..........  L25.2...............  (a)(ii)(3)
                                    (a)(3)...............  L25.2...............  (a)(iii)
                                    (b)..................  L25.2...............  (b)
                                    (b)(1)...............  L25.2...............  (b)(i), (b)(ii)
                                    (b)(1)(i)............  L25.2...............  (b)(i)(1)
                                    (b)(1)(ii)...........  L25.2...............  (b)(iii)
                                    (b)(2)...............  L25.2...............  (b)(iv)
                                    (b)(2)(i)............  L25.2...............  (b)(iv)(1)
                                    (b)(2)(ii)...........  L25.2...............  (b)(iv)(2)
                                    (b)(3)...............  New.................
                                    (c)..................  L25.3...............  (iii)
                                    (d)..................  L25.4...............  (a)(vii)
                                    (e)..................  New.................
                                    (e)(1)...............  New.................
                                    (e)(2)...............  New.................
                                    (e)(3)...............  New.................
                                    (e)(4)...............  L25.5...............
                                    (e)(5)...............  New.................
Section II........................  .....................  L25.4...............
                                    (a)..................  L25.4...............  (a)
                                    (a)(1)...............  L25.4...............  (a)(i), (a)(ii)
                                    (a)(2)...............  L25.4...............  (a)(iii)
                                    (a)(3)...............  L25.4...............  (a)(iii), (a)(v)
                                    (a)(4)...............  L25.4...............  (a)(iv)
                                    (a)(4)(i)............  L25.4...............  (a)(iv)(a)
                                    (a)(4)(ii)...........  L25.4...............  (a)(iv)(b)
                                    (a)(4)(iii)..........  L25.4...............  (a)(iv)(c)
                                    (a)(5)...............  L25.4...............  (a)(vi)
                                    (b)(1)...............  L25.3...............  (i)
                                    (b)(2)(i)............  New.................
                                    (b)(2)(ii)...........  L25.3...............  (ii)
                                    (b)(3)...............  L25.4...............  (b)(iii)
                                    (b)(4)...............  L25.4...............  (b)(i)(1)
                                    (b)(4)(i)............  L25.4...............  (b)(i)(1)(a)
                                    (b)(4)(ii)...........  L25.4...............  (b)(i)(1)(b)
                                    (b)(5)...............  New.................
----------------------------------------------------------------------------------------------------------------


[[Page 64741]]


           Table 2.--Cross-Reference of New and ARAC Proposed Appendix L Paragraph Numbers--Continued
----------------------------------------------------------------------------------------------------------------

----------------------------------------------------------------------------------------------------------------
                           New                 Original ARAC Proposal
----------------------------------------------------------
                                    (b)(6)...............  L25.4...............  (b)(i)(2)
                                    (b)(7)...............  L25.4...............  (b)(i)(3)
                                    (b)(7)(i)............  L25.4...............  (b)(i)(3)(a)
                                    (b)(7)(i)(1).........  L25.4...............  (b)(i)(3)(a)(i)
                                    (b)(7)(i)(2).........  L25.4...............  (b)(i)(3)(a)(ii)
                                    (b)(7)(i)(3).........  L25.4...............  (b)(i)(3)(a)(iii)
                                    (b)(7)(i)(4).........  L25.4...............  (b)(i)(3)(a)(iv)
                                    (b)(7)(i)(5).........  L25.4...............  (b)(i)(3)(a)(v)
                                    (b)(7)(i)(6).........  L25.4...............  (b)(i)(3)(a)(vi)
                                    (b)(7)(ii)...........  L25.4...............  (b)(i)(3)(b)
                                    (b)(7)(iii)..........  L25.4...............  (b)(i)(3)(c)
                                    (b)(7)(iv)...........  L25.4...............  (b)(i)(3)(d)
                                    (b)(7)(v)............  L25.4...............  (b)(i)(3)(e)
                                    (b)(8)...............  L25.4...............  (b)(ii)
                                    (b)(8)(i)............  L25.4...............  (b)(ii)(a)
                                    (b)(8)(ii)...........  L25.4...............  (b)(ii)(b)
                                    (b)(8)(iii)..........  L25.4...............  (b)(ii)(c)
                                    (b)(8)(iv)...........  L25.4...............  (b)(ii)(d)
                                    (b)(9)...............  L25.4...............  (b)(i)
                                    (c)..................  L25.4...............  (c)
                                    (c)(1)...............  L25.4...............  (c)(i)
                                    (c)(2)...............  L25.4...............  (c)(ii)
Section III.......................  .....................  L25.4...............
                                    (a)..................  L25.4...............  (a)
                                    (a)(1)...............  L25.4...............  (a)(i), (a)(ii)
                                    (a)(2)...............  L25.4...............  (a)(iii), (a)(v)
                                    (a)(3)...............  L25.4...............  (a)(vi)
                                    (b)(1)...............  L25.4...............  (b)(iii)
                                    (b)(2)...............  New.................
                                    (b)(3)...............  L25.4...............  (b)(i)(2)
                                    (b)(4)...............  L25.4...............  (b)(i)(3)
                                    (b)(4)(i)............  L25.4...............  (b)(i)(3)(a)
                                    (b)(4)(i)(1).........  L25.4...............  (b)(i)(3)(a)(i)
                                    (b)(4)(i)(2).........  L25.4...............  (b)(i)(3)(a)(ii)
                                    (b)(4)(i)(3).........  L25.4...............  (b)(i)(3)(a)(iii)
                                    (b)(4)(i)(4).........  L25.4...............  (b)(i)(3)(a)(iv)
                                    (b)(4)(i)(5).........  L25.4...............  (b)(i)(3)(a)(v)
                                    (b)(4)(i)(6).........  L25.4...............  (b)(i)(3)(a)(vi)
                                    (b)(4)(ii)...........  L25.4...............  (b)(i)(3)(b)
                                    (b)(4)(iii)..........  L25.4...............  (b)(i)(3)(c)
                                    (b)(4)(iv)...........  L25.4...............  (b)(i)(3)(d)
                                    (b)(4)(v)............  L25.4...............  (b)(i)(3)(e)
                                    (b)(5)...............  L25.4...............  (b)(ii)
                                    (b)(5)(i)............  L25.4...............  (b)(ii)(a)
                                    (b)(5)(ii)...........  L25.4...............  (b)(ii)(b)
                                    (b)(5)(iii)..........  L25.4...............  (b)(ii)(c)
                                    (b)(5)(iv)...........  L25.4...............  (b)(ii)(d)
                                    (b)(6)...............  L25.4...............  (b)(i)
                                    (c)..................  L25.4...............  (c)
                                    (c)(1)...............  L25.4...............  (c)(i)
                                    (c)(2)...............  L25.4...............  (c)(ii)
----------------------------------------------------------------------------------------------------------------

    We discuss each paragraph of the proposed new Appendix L below.

Section I--Design Requirements

I(a) Airplane Systems

I(a)(1) Operation in Icing Conditions
I(a)(1)(i)
    ETOPS airplanes would have to comply with the requirements of 
section 25.1419 for operation in icing conditions.
Explanation
    Section 25.1419 sets out the requirements for certifying a 
transport category airplane for flight into icing conditions. This 
requirement is optional in that an applicant may choose to not apply 
for approval in icing conditions. However, from a practical standpoint 
no one would request certification of an airplane that did not meet 
this requirement. This proposed new regulation makes this approval 
mandatory for ETOPS approval.
I(a)(1)(ii)
    The airframe and propulsion system ice protection would have to be 
capable of continued safe flight and landing at engine-inoperative and 
decompression altitudes in icing conditions. Following the loss of an 
engine at cruising altitude, an airplane will drift down to a lower 
(engine-inoperative) altitude. A decompression altitude is an altitude 
to which an airplane must descend following the loss of cabin pressure. 
Decompression altitudes are 10,000 feet MSL and below.
Explanation
    This paragraph would codify AC 120-42A, paragraph 8(b)(11) for 
airframe ice protection. The applicant would have to demonstrate that 
the airplane is capable of continued safe flight and landing at

[[Page 64742]]

the decompression altitudes. This rule would require the applicant to 
demonstrate to the FAA that the anti-icing systems on the airplane will 
assure the airplane's capability to continue to operate during a worst-
case diversion. The ARAC Working Group recommended a standard that 
would require the capability to safely divert if anti-icing cannot be 
shown available for all scenarios. This recommended standard tacitly 
assumes that airplane ice protection is not necessarily required during 
an ETOPS diversion. We disagree with this recommendation. Paragraph 
8(b)(11) of AC 120-42A says that the airframe and propulsion ice 
protection should be shown to provide adequate capability for the 
intended operation. The AC says that this should account for prolonged 
exposure to lower altitudes associated with the engine-out diversion, 
cruise, holding, approach and landing. We do not interpret this 
paragraph as allowing circumstances where anti-icing would not normally 
be available during an ETOPS diversion. An applicant would have to 
address any failure conditions where the ice-protection systems would 
not be available during an ETOPS diversion as part of the safety 
analysis required by section 25.1309.
    The preamble justification provided in the ARAC proposal stated 
that this rule ``will also require the applicant to demonstrate that 
the non-heated (or ``non-deiced'') areas of the airplane will not pick 
up a load of ice that would make the airplane uncontrollable or create 
too much drag to complete the diversion.'' This statement is consistent 
with how the FAA has applied the criteria of AC 120-42A paragraph 
8.(b)(11) for all airplanes certified using that policy. However, the 
ARAC recommendation did not include this specific provision. We have 
added this requirement into the proposed rule as a new paragraph 
I(a)(1)(iii). It is consistent with ARAC's recommendation and 
consistent with what has been standard ETOPS type certification 
practice to consider the accumulation of ice on the non-heated or non-
deiced areas of the airplane.
    The associated advisory material for this proposed requirement will 
describe the conditions and assumptions that an applicant may use in 
simulating a diversion icing environment for showing compliance with 
the proposed rule. The advisory material will also provide guidance for 
developing analyses or testing that would justify not having to assume 
that the entire diversion would be in icing conditions.
I(a)(2) Electrical Power Supply
I(a)(2)(i) and (ii)
    These paragraphs would establish reliability requirements for the 
electrical power supply system on an ETOPS flight.
Explanation
    Paragraphs I(a)(2)(i) and (ii) are basically a restatement of 
section 25.1309 for the electrical power supply system in consideration 
of the ETOPS mission. We agree with the ARAC's apparent intent that 
these paragraphs, in conjunction with the new sections 25.1535(a) and 
(b), codify paragraphs 8(b)(1), 8(b)(6), 8(b)(7) and 8(c)(4) of AC 120-
42A for the electrically powered ETOPS significant systems. These 
paragraphs establish the overall system safety objectives for these 
systems in extended operations.
    The proposed rule is not as explicit as AC 120-42A in stating the 
types of functions that an applicant would need to consider in applying 
the safety objectives of section 25.1309 for an ETOPS mission. The 
general philosophy of the proposed rule is to let the existing policy 
associated with section 25.1309 compliance determine the design 
analysis for ETOPS. This philosophy is consistent with paragraph (c)(1) 
of the Boeing Model 777 ETOPS special conditions, which requires the 
applicant to comply with part 25 with regards to the ETOPS mission. 
Although we discuss this regulatory philosophy here in reference to the 
specific electrical power supply system requirements, it also applies 
to other ETOPS significant systems that are not specifically addressed 
in the proposed rule.
    The FAA's intent for paragraphs I(a)(2)(i) and (ii) is to assure 
that the applicant properly focuses on electrical power redundancy and 
reliability when considering ETOPS mission scenarios in showing 
compliance with section 25.1309. On a two-engine airplane, the 
potential lack of redundancy available for electrical power generation 
makes this requirement especially important. However, the new emphasis 
is in paragraph (ii). It will be up to the applicant to demonstrate 
which functions would reduce the capability of the airplane or the 
ability of the crew to cope with adverse operating conditions. It is 
not realistic, for instance, for an applicant to state that operating 
for an extended period of time on suction feed would not reduce the 
capability of the airplane to cope with adverse operating conditions 
(for example, negative g or turbulence). Additionally, the applicant 
would have to determine what navigation and communication systems must 
be powered by emergency generation sources during a worst case ETOPS 
diversion.
I(a)(2)(iii)
    This paragraph would require at least three independent electrical 
generation sources for airplanes being certified for greater than 180 
minutes.
Explanation
    Paragraph I(a)(2)(iii) would codify the three generator requirement 
of paragraph 8.(b)(8) in AC 120-42A. However, the ARAC recommendation 
only applies this requirement to airplanes being certified for greater 
than 180-minute ETOPS. The AC specifies three generators for any ETOPS 
approval. This specific requirement created much discussion within the 
ARAC ETOPS Working Group. Paragraph I(a)(2)(iii) as proposed in this 
notice represents the compromise position that allowed working group 
consensus. The following paragraphs are the ARAC's recommended 
justification for this requirement. The FAA is publishing them without 
comment.
    This topic is inextricably linked to the discussion about MMELs. 
The MMEL or Master Minimum Equipment List allows an airplane operator 
to fly without equipment not on this fully functioning. There is 
concern that without a specific number of generators required in the 
rule, the MMEL could strip away some of the redundancy required for 
long-range flight. The arguments against a prescriptive number are 
generally as follows:
    (1) Defining a number of generators would not assure proper system 
reliability (for example, is it better to have three generators with a 
Mean Time Between Failures (MTBF) of 20,000 hours each, or four 
generators with an MTBF of 3,000 each?)
    (2) Defining a number of generators would either artificially 
constrain or give a ``pass'' to future airplane designs. For instance, 
if a new airplane had a system architectural need for 8 generating 
systems, requiring three in the ETOPS rule would not assure an 
adequately safe design.
    (3) Trying to address the formation of the MMEL in part 25 is 
impractical and inconsistent with agreed-to policies for MMEL 
development.
    ``Nonetheless, it was agreed that there should be a tie-in between 
the analysis performed for Part 25 ETOPS approval and the analysis the 
Flight Operations Evaluation Review Board (FOEB), who develop the MMEL, 
used in determining dispatch criteria. This is almost always the case 
in today's process, but

[[Page 64743]]

formalizing the process would be a positive step.
    ``Therefore, an additional paragraph has been added to the ETOPS 
regulation to require a minimum number of electrical generators. This 
requirement codifies the existing AC 120-42A electrical generator 
redundancy criteria. The intent of this requirement is to ensure future 
airplanes to be certified for ETOPS have an electrical generation 
system architecture equivalent to the 737, 757, 767, 777 and A310, 320, 
A330 era airplanes. Future airplane electrical system architectures may 
be significantly different from today's airplanes, but the architecture 
must be equivalent from the perspective of robustness to independent 
failure scenarios.''
I(a)(3) Time Limited Systems
    This paragraph would require that the applicant state the 
capability of most time limiting ETOPS significant system in the 
airplane flight manual.
Explanation
    As stated previously for the revised paragraph 25.857(c)(2), this 
requirement would provide the information that the operators would need 
to comply with the applicable operating requirements. Advisory Circular 
120-42A has two main categories of ETOPS approval (120 minutes and 180 
minutes) based on demonstrated propulsion system reliability. The ETOPS 
approval, as stated in the airplane flight manual in currently approved 
ETOPS airplanes, identifies the maximum approved diversion time based 
as one of these two times. In order to qualify for the ETOPS type 
design approval, the applicant must design the airplane time-limited 
systems to support this maximum approved diversion time with an 
additional 15 minutes capability to allow for airplane holding, 
approach and landing.
    In the context of proposed paragraph I(a)(3), we do not consider 
the propulsion system as a time-limited ETOPS significant system. 
Proposed Appendix L, section II(a), codifies the service experience 
method for ETOPS approval from AC 120-42A. Paragraph II(a)(4) of this 
section defines the required world fleet in-flight shutdown rate with 
each level of ETOPS operational approval. In this particular case, the 
level of ETOPS approval refers to the operational approval authority 
defined in the operating rules, not the time-limited system capability 
required in paragraph I(a)(3).

I(b) Propulsion System

I(b)(1) Fuel System Design
    This paragraph would require design features to ensure that fuel 
necessary to complete an ETOPS mission will be available at the flow 
and pressure required for the engine, during a diversion for the 
longest time being approved for the airplane. The proposed rule 
includes a requirement for alerts to the crew when the fuel available 
to the engines falls below the level required to complete the mission 
which can occur because of fuel mismanagement, abnormal transfer 
between tanks, and fuel loss.
Explanation
    Fuel system design and the ability of the crew to properly deal 
with fuel system malfunctions are arguably the most important issues 
facing the designer of ETOPS airplanes. The proposed rule (with 
corresponding AC guidance) addresses the need for:
    (1) Positive fuel pressure at the engine fuel pump (no suction 
feed);
    (2) Fuel availability following system failures (no hidden/trapped 
fuel, functional crossfeed valves, etc.); and
    (3) Flight deck alerts when fuel available to the engines falls 
below the level required to complete the mission.
    The proposed requirements would codify the intent of paragraph 
8.(b)(2)(iii) of AC 120-42A, paragraph (c)(3)(i)(C) of the Boeing 777 
ETOPS special conditions, and items 7 and 8 of the type design 
provisions of the 207 minute ETOPS Policy Letter EPL 20-1.
    There has been some discussion regarding newer generation airplanes 
(B777) and their system architecture being the standard by which 
operations beyond 180 minutes will be judged. Currently, all transport 
category aircraft are required to perform suction feed testing as part 
of basic part 25 certification, which requires the applicant to 
simulate an all Alternating Current (AC) power loss at the highest 
altitude the airplane is used in service (``service ceiling''). The 
testing is performed to demonstrate that in the event of an all AC 
power loss, there is still ability (at some safe altitude) to re-start 
the engines after flameout on suction feed and generate thrust to a 
safe landing. This demonstration does not, however, provide any 
assurance that the engines can operate on suction feed for the long 
duration diversion times envisioned for ETOPS. The engines are 
certified with a minimum engine fuel pump inlet pressure limit of 
typically one-half pound per square inch (0.5 psi) above the ambient 
air pressure, or the fuel vapor pressure, whichever is higher. Section 
25.955 requires that the airplane fuel system deliver fuel to the 
engine at this minimum pressure for the maximum fuel flow required by 
the engine. Without the fuel boost pressure, airplanes cannot comply 
with Sec.  25.955. The fuel system design requirements proposed in this 
notice are intended to ensure that continued operation on suction feed 
is not a practical possibility on ETOPS airplanes. Paragraph I(b)(1) 
would be applicable to all ETOPS airplanes irrespective of the number 
of engines.
    Loss of normal electrical power to the boost pumps is the primary 
cause of the loss of fuel system boost pressure. A specific fuel feed 
capability requirement has been added for twin-engine ETOPS operations 
beyond 180 minutes that is intended to address the concerns about loss 
of fuel boost pressure raised in the development of the 207 minute 
ETOPS policy. The 207-minute policy included a provision to also 
address fuel cross-feed capability following the failure of normal 
electrical power. Proposed paragraph I(b)(1)(i) would require that the 
applicant design the airplane fuel system with a fuel boost pump in 
each main tank and the capability to operate at least one crossfeed 
valve by a back-up electrical generation source other than the primary 
engine driven or APU driven generators. There is an exception in the 
proposed rule for fuel system designs for situations when electrical 
power does not provide required fuel boost pressure or crossfeed valve 
actuation. Although this is a specific design requirement applicable to 
two engine airplanes for ETOPS beyond 180 minutes, the overall design 
objective underlying paragraph I(b)(1) is applicable to all ETOPS 
airplanes. The applicant may use the same design features required by 
paragraph I(b)(1)(i) as part of their compliance with paragraph I(b)(1) 
for airplanes not specifically covered by this subparagraph.
    The other possible source of the loss of fuel boost pressure is 
mechanical failure of fuel system components. These include pump 
failures or performance degradation, valve failures, and plumbing 
failures causing internal or external fuel leaks that result in 
significant fuel pressure loss. Possible design alternatives to address 
mechanical failures as a source of loss of fuel system boost pressure 
are:
    1. Redundancy (additional boost pumps, cross-feed valves, etc.)
    2. Improved component reliability (including any instructions for 
continued airworthiness necessary to maintain that level of 
reliability)

[[Page 64744]]

    3. Enlarged main fuel tank capacity (to minimize the effect of loss 
of boost pressure in other fuel tanks)
    4. A time-limited engine fuel inlet pressure limit at which the 
engine can demonstrate acceptable operation and integrity for the 
longest diversion time for which the airplane manufacturer is 
requesting approval.
    Each of these design alternatives has advantages and disadvantages 
that the manufacturer would need to consider in designing an airplane 
to comply with the proposed rule.
    We intend that the proposed paragraph I(b)(1) would preclude all 
causes of loss of system boost pressure in extended operations. This is 
consistent with the overall safety objectives established by the part 
25 airworthiness standards for potentially catastrophic failure 
conditions.
    Proposed paragraph I(b)(1)(ii) would require flight deck alerts 
when the fuel available to the engines falls below that required to 
complete the mission. The FAA's intent is that the required flight deck 
alerts would give flight crews clear warning of impending fuel 
exhaustion with enough time to safely land the airplane before the 
condition becomes critical. As a minimum, the manufacturer would have 
to design the flight deck alerts to address the types of failures or 
human errors that have resulted in airline fuel exhaustion events in 
service.
    Examples of fuel exhaustion events include an Air Canada Boeing 767 
that landed on an abandoned runway after both engines flamed out from 
fuel exhaustion. In this case, the normal low fuel alerts did not 
function because of a fuel quantity indication system failure. The fuel 
exhaustion was caused by the crew not receiving a low fuel alert, in 
combination with an unapproved airplane dispatch and a fueling error. 
An Air Tran Airbus A330 landed in the Azores following flameout of both 
engines caused by fuel exhaustion due to an unrecognized engine fuel 
leak. The AC provides guidance on critical fuel system alerts derived 
from these types of fuel loss events that have occurred in the current 
generation of aircraft.
I(b)(2) APU design
    If operation of an auxiliary power unit (APU) were needed to comply 
with the ETOPS requirements, the applicant would have to demonstrate 
that the APU has adequate reliability for that operation. Also, if in-
flight start and run capability is necessary, the APU in-flight 
operating envelope would have to extend to the maximum operating 
altitude of the airplane or 45,000 feet, whichever is lower.
Explanation
    The electrical system reliability standard contained in AC 120-42A 
envisions three independent alternating current (AC) electrical 
generators. Besides the two engine driven generators, an auxiliary 
power unit (APU) could drive a third generator to meet this standard. 
Auxiliary power units are separately controlled small engines that are 
installed on an aircraft to power services when the main aircraft 
engines are not running. Airlines normally use an airplane APU at the 
gate to provide electrical power for onboard lighting and an air source 
for the air conditioning system between flights. Besides this normal 
function, the FAA may allow an airline to use an APU powered electrical 
generator during a revenue flight when a main engine generator is not 
working.
    The electrical system reliability requirements proposed in this 
notice do not specifically require three independent generators except 
for airplanes being certified for ETOPS diversion times greater than 
180 minutes. Current two engine aircraft that the FAA has approved for 
ETOPS would only be able to comply with the proposed requirement for 
electrical system reliability by having three independent generators. 
Other required aircraft system functions also may be powered by an APU. 
Proposed paragraph I(b)(2) of the rule would require that if the 
applicant is going to rely on the APU for compliance with the ETOPS 
requirements:
    (1) The APU has to have adequate reliability; and
    (2) If it must be started and run in-flight, the APU must 
demonstrate that it has the capability to start and perform its 
intended function up to the maximum operating altitude of the airplane, 
or 45,000 feet, whichever is lower.
    The major reason for wanting high altitude APU in-flight start 
capability is to avoid having flight level changes that would cause the 
flight to have to cross through established flight track systems just 
to start the APU. Also, once the flight leaves the established track 
system it can be very difficult, or impossible to re-enter the track 
system, reducing the pilot's flexibility to fly the optimum flight 
plan. Having an in-flight start capability up to 45,000 feet mitigates 
these concerns.
    ``Adequate'' reliability consumed much of the Working Group's 
discussion time during development of the rule. This term can only be 
placed in context by understanding the overall electrical and pneumatic 
system architecture of the airplane. For instance, if an applicant has 
installed generators with inadequate reliability, their mean time 
between failure (MTBF) may require an extremely reliable APU generator 
in order to comply with the electrical system reliability objectives of 
Sec.  25.1309. This would drive the applicant into a significant APU 
reliability demonstration program. The reverse could also be true. An 
electrical system may have generators with an excellent MTBF of 100,000 
hours with additional non-APU back-up sources. In this case, the 
``required'' reliability of the APU would be less than for current 
airplane electrical systems with APU driven generators. However, the 
applicant would have to present a convincing system level reliability 
analysis backed by validated component reliability data before the FAA 
would accept an assumption of lower APU reliability from that required 
for today's airplanes.
    An APU has traditionally been used only to ``back-up'' the 
electrical system, and the proposed new regulatory and advisory 
material focuses on this function. No current aircraft utilizes an APU 
to provide ``back-up'' pneumatic system capability to meet ETOPS 
significant system reliability standards. However, the associated 
advisory circular addresses the possible operational need for APU 
pneumatics on the ground to power the cabin air conditioning system 
following an airplane diversion. If the APU is necessary as a bleed 
source to comply with section 25.1309 or the new section 25.1535, the 
applicant would have to define the operating envelope of where it can 
perform this intended function. The FAA requires this for any APU 
required function under the existing airworthiness standards of part 
25. Currently most APUs can only provide both bleed air and electrical 
power at lower cruise altitudes, and cannot provide enough bleed air to 
power an air conditioning pack at the airplane service ceiling. The 
applicant would have to fully account for the use of a ``limited'' 
ETOPS APU operating envelope in substantiating compliance with section 
25.1309 or section 25.1535. In accounting for a limited APU operating 
envelope, the applicant would have to address the operational 
implications, including air traffic control, of having to descend to a 
lower altitude in order to use the required APU function.
    ARAC recommended the following language for paragraph I(b)(2): ``If 
operation of the APU installation is required to comply with this 
appendix, the applicant must * * *''. Except for

[[Page 64745]]

the electrical system, which has specific requirements in proposed 
Appendix L, all other potential airplane system functions that could be 
powered by an APU are addressed by the overall ETOPS requirement 
contained in section 25.1535(a). Examples include the cabin 
pressurization and hydraulic systems, which may be powered by an APU. 
The ARAC recommended proposed rule and preamble states the intent that 
this requirement should not be limited to just electrical system 
reliability. We have corrected this oversight by replacing ``this 
appendix'' with section 25.1535 in proposed paragraph I(b)(2).
I(b)(3) Engine Oil Tank Design
    The engine oil filler cap design would have to comply with a 
proposed change to section 33.71(c)(4), which will require oil tank cap 
designs that prevent hazardous oil loss in the event of an oil tank cap 
installation error.
Explanation
    See the proposed change to section 33.71(c)(4) for an explanation 
of the reasons for this change. We added paragraph I(b)(3) to Appendix 
L to ensure that engines installed on ETOPS airplanes comply with the 
part 33 requirement.
I(c) Engine Condition Monitoring
    The applicant would have to define and validate, as required, an 
engine condition monitoring process in accordance with part 33, 
Appendix A, paragraph A33.4.
Explanation
    This requirement would codify paragraph a(5) of Appendix A of AC 
120-42A and paragraph (b)(2) of the Boeing Model 777 ETOPS special 
conditions.
    With the propulsion system reliabilities existing on today's long 
range airplanes, the FAA is very concerned that the biggest threat to 
ETOPS safety is the risk associated with common cause, cascading 
failures and fuel exhaustion. Several of the proposed requirements in 
this notice would address these threats. The engine condition 
monitoring process requirement specifically addresses the potential of 
additional engine failure or failures resulting from the increased 
thrust or service demands on the remaining engine or engines.
    Operators would be required, in the proposed changes to parts 121 
and 135, to have an engine condition monitoring program as part of 
their ETOPS maintenance program. Paragraph I(c) of Appendix L and 
paragraph A33.4 in part 33 would require the airplane and engine 
manufacturer to provide the instructions necessary for an operator to 
develop this program.
    Since the potential for a catastrophic loss of thrust is greater on 
a two engine airplane than on airplanes with more than two engines, 
this proposed rule would require that the applicant validate the engine 
condition monitoring process for use on two engine airplanes before 
ETOPS approval. For airplanes with more than two engines, the applicant 
would need only to define the process.
I(d) Configuration, Maintenance and Procedures
    The applicant would have to identify configuration, maintenance, or 
operational standards necessary to maintain appropriate reliability or 
to obtain required capability for ETOPS in a Configuration, 
Maintenance, and Procedures (CMP) document.
Explanation
    Paragraph I(d) of the proposed rule would codify material AC 120-
42A. All existing policy on revising CMP documents would remain in 
force under the new rule. This is discussed more fully previously under 
general issues in the general discussion of the proposal.
I(e) Airplane Flight Manual
    This paragraph would specify certain information that the airplane 
flight manual (AFM) must contain for ETOPS approval.
Explanation
    This proposed requirement would codify paragraph 8(f)(1) of AC 120-
42A. ARAC did not include this paragraph in their proposed rule draft. 
However, there are provisions within the AC paragraph that the FAA has 
required in all ETOPS type design approvals issued since 1985. The 
ETOPS approval statement contained in AC subparagraph 8(f)(1)(vi) is 
particularly important as applicants have based their airplane flight 
manual ETOPS approval statements on this wording. We are proposing to 
add the relevant provisions from AC paragraph 8(f)(1) into this notice 
in order to maintain continuity with the historical AFM ETOPS 
requirements.
    The two provisions from AC 120-42A that we are not proposing to 
incorporate directly into proposed paragraph I(e) are subparagraphs 
8(f)(1)(iii) and (v). Subparagraph 8(f)(1)(iii) addresses inclusion of 
the performance data used to comply with the engine-inoperative 
diversion criteria of the flight dispatch considerations in the 
operational approval section of the advisory circular. Contrary to this 
advisory circular provision, the FAA has not required that the 
performance data be included in the approved parts of the AFM and have 
not included this provision in the proposed rule. Subparagraph 
8(f)(1)(v) asks for a description or reference to a document containing 
the approved airplane configuration CMP standard. The CMP document 
identification has traditionally been included in the ETOPS approval 
statement defined in subparagraph 8(f)(1)(vi) for ETOPS airplanes 
approved under the existing policy. Therefore, we have combined 
subparagraphs 8(f)(1)(v) and 8(f)(1)(vi) from the AC into the new 
proposed paragraph I(e)(5).
    We are also proposing to add the original AFM requirement from the 
ARAC proposal into paragraph I(e)(4). This proposed requirement is not 
in AC 120-42A. This proposed paragraph would require the applicant to 
define the maximum ETOPS diversion time capability required by 
paragraph I(a)(3) into the airplane flight manual in accordance with 
Sec.  25.1581(a)(2), ``Furnishing Information.'' This proposed 
requirement provides a cross-reference to proposed paragraph I(a)(3), 
which would require that the ETOPS capability defined by most limiting 
ETOPS significant system capability be stated in the airplane flight 
manual.

Section II--Two Engine Airplanes

    In addition to the requirements of section I, an applicant for a 
two engine airplane would have to also show compliance with one of 
three proposed requirements of section II.

II(a) Service Experience Method

    The applicant would have to demonstrate that the airplane and 
engine combination for which approval is sought has the required 
airplane and propulsion system capability to safely conduct an ETOPS 
mission with the maximum diversion for which approval is sought, and 
has achieved required airframe and propulsion system reliability based 
upon fleet in-service experience.
Explanation
    Proposed sub-section II(a) would codify part of the existing 
approval process based on service experience, as contained in AC 120-
42A for two engine airplanes. This includes the most significant aspect 
of this process, the propulsion system assessment contained in Appendix 
1 of the advisory circular. The AC process is predicated on having a 
sufficient amount of service

[[Page 64746]]

experience to give the FAA enough data to assess the overall 
suitability of a two-engine airplane for ETOPS approval.
    The AC type design assessment criteria are divided into two parts. 
The first part defines specific system design capability and safety 
objectives in order to provide a minimum design standard for airplanes 
operating in ETOPS. This part of the AC criteria is addressed in 
proposed section 25.1535(a) and (b), and section I of proposed part 25 
appendix L.
    The second part of the AC process is a review of in-service 
problems and identification of appropriate corrective actions to 
prevent problems that could have an adverse effect on ETOPS safety. 
Part of this review is to establish that the airplane and propulsion 
systems have an appropriate level of reliability to meet the safety 
objectives defined in the AC. Appendix 1 of the AC defines an amount of 
service experience that would normally be required in order to give a 
sufficient database to evaluate propulsion system reliability. We are 
proposing to address this second part of the AC type design assessment 
process in sub-section II(b) of this notice.
II(a)(1) Required Service Experience
    This paragraph would require that an applicant who desires to 
obtain ETOPS type design approval using service experience conduct a 
reliability review after accumulating 250,000 worldwide fleet engine 
hours on the airplane and engine combination for which approval is 
being sought. The number of hours could be reduced if adequate 
compensating factors are identified which give a reasonable equivalent 
database. A significant portion of the 250,000 engine hours would have 
to be obtained on the candidate airplane.
Explanation
    Proposed paragraph II(a)(1) would codify the service experience 
eligibility criteria from paragraph a(1) of Appendix 1 of AC 120-42A.
II(a)(2) Propulsion System Assessment
    Paragraph II(a)(2)(i) would require an applicant to conduct a 
propulsion system assessment based on data collected from the entire 
fleet of the specific airplane and engine combination for which 
approval is sought. Paragraph II(a)(2)(ii) would require an applicant 
to identify corrective actions to prevent future occurrences of engine 
in-flight shutdowns or loss of thrust control.
Explanation
    Paragraph II(a)(2)(i) would codify the reliability data base 
criteria from paragraph b. of Appendix 1 of AC 120-42A. ARAC did not 
include the reliability data base criteria in their proposed rule 
draft, but did have it in their associated draft advisory material. In 
paragraph 10(a)(iii) of the draft part 25 advisory circular, ARAC 
stated ``A propulsion system assessment must be based on the following 
data, collected from the entire fleet of the specific airplane/engine 
combination type for which approval is sought* * *''. Since ARAC 
clearly stated its intent that an applicant ``must'' conduct a 
propulsion system assessment on the specific list that follows, and 
based on the clear reference to the existing policy from Appendix 1 of 
AC 120-42A, we have incorporated this section from the ARAC draft 
advisory circular into proposed paragraph II(a)(2)(i) of this notice.
    Paragraph II(a)(2)(ii) would codify the intent of the propulsion 
system assessment criteria from paragraph 3 of Appendix 1 of AC 120-
42A. This is the so-called ``fix-all-problems'' requirement that has 
been the practice for all ETOPS type design approvals that the FAA has 
given using the service experience approval process defined in AC 120-
42A.
    The corrective actions that the applicant identifies in compliance 
with proposed paragraph II(a)(2) would be included in the approved 
configuration, maintenance, and procedures (CMP) document as a 
condition of the ETOPS approval.
II(a)(3) Airplane systems assessment
    The applicant would have to show compliance with section 25.1535(a) 
using available in-service reliability data for ETOPS significant 
systems. The applicant would have to identify corrective actions to 
prevent future occurrences of ETOPS significant system failures 
occurring in service.
Explanation
    The first part of this paragraph would codify the intent of 
paragraph 8(c)(1) of AC 120-42A for those ETOPS significant airplane 
systems addressed in proposed Sec.  25.1535(a). This AC paragraph 
states that the analysis and demonstration of airframe and propulsion 
system failure effects and reliability provided by the applicant should 
be based on in-service experience and the longest diversion time for 
the airplane.
    The second part of proposed paragraph II(a)(3) is an extension of 
the ``fix-all-problems'' approach used in the propulsion system 
assessment that we are proposing in paragraph II(a)(2). For all 
airplanes approved using the policy contained in AC 120-42A, the FAA 
has required an applicant to define effective corrective actions for 
all in-service problems known to result in, or potentially result in, 
airplane diversions. The FAA has required this in order to enter ETOPS 
service with the highest quality airplane. An applicant rarely 
considers known system failure conditions to be acceptable occurrences 
in service that they account for in their system failure analyses 
submitted for compliance with section 25.1309. Therefore, this fix all 
problems approach is appropriate in reassessing compliance with the 
applicable airworthiness requirements of proposed section 25.1535(a).
    The corrective actions that the applicant identifies in compliance 
with proposed paragraph II(a)(3) would be included in the approved 
configuration, maintenance, and procedures (CMP) document as a 
condition of the ETOPS approval.
II(a)(4) In-Flight Shutdown (IFSD) Rates
    This proposed paragraph defines propulsion system reliability 
standards for three levels of ETOPS type design approval.
    (i) For operations up to 120 minutes: a rate of approximately 0.05 
or less per 1,000 fleet engine hours with a CMP intended to bring the 
rate down to 0.02.
    (ii) For operations up to 180 minutes: a rate of approximately 0.02 
or less per 1,000 engine hours with an existing 120 minute CMP 
standard, or new or additional CMP requirements that have been 
demonstrated to achieve this in-flight shutdown rate.
    (iii) For operations greater than 180 minutes: a rate of 
approximately 0.01 or less per 1,000 engine hours with an existing 120 
minute or 180 minute CMP standard, or new or additional CMP 
requirements that have been demonstrated to achieve this in-flight 
shutdown rate.
Explanation
    This proposed paragraph would codify the propulsion system 
reliability standards from Appendix 1 of AC 120-42A. In addition, we 
are proposing to add the reliability standard of 0.01 per 1,000 engine 
hours for ETOPS greater than 180 minutes that ARAC proposed in their 
recommended draft ETOPS rule.
    The original ARAC recommendation refers to ``target threshold'' or 
``target'' rate. These terms do not adequately define what would 
constitute an acceptable or unacceptable in-flight shutdown rate for 
showing compliance with this proposed requirement. The FAA has similar 
concerns about the term ``approximately'' as used in this

[[Page 64747]]

proposal, but this term is in the existing AC 120-42A policy and has 
been applied successfully since issuance of the AC. Therefore, the FAA 
has tentatively chosen to retain the term ``approximately'' as used in 
the existing AC policy in this proposed rule.
    We have added the qualifier ``or less'' to the proposed in-flight 
shutdown rate requirement. Without this term, the rule could be 
interpreted to mean that the in-flight shutdown rate ``must'' be the 
approximate value specified. We clearly do not intend that an applicant 
with an in-flight shutdown rate well below the requirement would not be 
in compliance with the rule. We have added this additional qualifier in 
order to clarify this intent.
    The original ARAC recommendation for operations up to 120 minutes 
was written in the following manner: ``with a required list of 
corrective actions that would result in continuing improvement toward 
an IFSD rate of 0.02 per 1000 fleet engine-hours.'' We have added ``in 
the CMP document'' in order to clarify where the list of corrective 
actions must be contained.
    For the proposed requirements for both operations up to 180 minutes 
and operations greater than 180 minutes we have added a provision that 
considers the effect that existing or new CMP standards have on 
compliance with the required in-flight shutdown rate. In the past, we 
granted ETOPS approvals using a 180-minute CMP standard developed from 
the 120 minute ETOPS CMP documents. This has occurred when the 
applicant has substantiated, through service experience, additional 
requirements that would achieve the desired in-flight shutdown rate for 
those airplanes incorporating the additional requirements. The added 
provision proposed in this notice is a statement of existing practice 
for granting 180-minute ETOPS approval where the 120-minute standard 
had to be modified. This notice proposes to codify this existing 
practice into the rule as noted above.
II(a)(5) Airplane Flight Test Requirements
    This paragraph would require a flight test to validate the adequacy 
of the airplane's flying qualities, performance, and the flight crew's 
ability to deal with engine inoperative and non-normal worst case 
system failure conditions expected to occur in service.
Explanation
    This paragraph would codify the intent of paragraph 8(d)(3) of AC 
120-42A. The original ARAC proposed paragraph stated that the proposed 
flight test would validate ``non-normal worst case probable system 
failure conditions.'' This proposed wording would not adequately 
reflect how the FAA has applied the AC paragraph being codified.
    The term ``probable'' as used in the original ARAC proposal would 
have a specific meaning within the type certification community. As 
defined by Advisory Circular 25.1309-1A, probable failures are those 
anticipated to occur one or more times during the entire operational 
life of each airplane. Probable failures would most likely only include 
significant single failures, or more frequent double failures. However, 
we have required applicants for ETOPS type design approval under AC 
paragraph 8(d)(3) to demonstrate multiple failure conditions that are 
much less frequent in service, such as
    (i) the loss of all normal electrical power;
    (ii) flight controls powered by an emergency backup hydraulic 
source; and
    (iii) loss of normal flight instruments.
    These types of failure conditions would be expected to occur during 
the life of a fleet of airplanes, but not necessarily on each airplane. 
We believe that ARAC may have intended to include these failure 
conditions by using the qualifying term ``worst case'' in their 
proposal, however, we are not confident that it would be interpreted 
correctly with the wording as ARAC proposed. We have deleted the word 
``probable'' and replaced it with system failure conditions ``expected 
to occur in service'' in the proposed rule. This clarification more 
accurately reflects how the FAA has applied the paragraph 8(d)(3) of AC 
120-42A.
II(b) Early ETOPS Method
    This part of section II defines requirements that an applicant 
would have to comply with to certify an airplane for ETOPS without 
first accumulating the service experience that would be required in 
section II(a).
Explanation
    This section would codify the early ETOPS process defined in the 
Boeing Model 777 ETOPS special conditions 25-ANM-84 for two engine 
airplanes. These special conditions defined requirements that allowed 
the FAA to approve the Boeing Model 777 airplane for ETOPS without the 
service experience normally expected under the policy in AC 120-42A. 
The intent of this proposed sub-section of Appendix L is to define 
requirements that would allow the FAA to grant ETOPS approval 
concurrent with the original type certification of an airplane.
II(b)(1) Relevant Experience Assessment
    The applicant would have to identify specific corrective actions 
taken on the airplane design to address relevant design, manufacturing, 
operational and maintenance problems experienced on previously 
certified part 25 airplanes manufactured by the applicant. Specific 
corrective actions would not be required if the nature of the problem 
is such that it would not have a significant impact on the safety or 
reliability of the system. The proposed rule would require that this 
assessment include the relevant experience of supplier provided ETOPS 
Group 1 significant systems and similar or identical equipment utilized 
on aircraft built by other manufacturers.
Explanation
    This proposed rule would codify paragraph (c)(2) of the Boeing 
Model 777 ETOPS special conditions 25-ANM-84. The term ``relevant 
experience'' as used in the proposed rule means the design, 
manufacturing, operational or maintenance problems that have, or could 
have, resulted in the types of occurrences that would be included in 
propulsion system and airplane system assessments conducted in 
accordance with a service experience based ETOPS approval process 
proposed in section II(a).
    The intent of this proposed requirement is to take advantage of 
service experience on other airplane types built by the applicant as 
much as is practical. This relevant experience assessment is in lieu of 
service experience on the actual airplane to be approved and is a major 
compensating factor for that direct service experience.
    One of the five key elements of the early ETOPS process on the 
Boeing Model 777 was the ``relevant experience assessment,'' or 
``lessons learned.'' Simply stated, the intent is for the applicant to 
review the failures on previous airplane/engine combinations, and 
assure that the causes of those failures are mitigated. While simple in 
concept, the execution of this assessment is significant in scope. One 
of the most significant aspects of this proposed rule is that an 
applicant with no previous transport category manufacturing experience 
would not be eligible to receive early ETOPS approval. The FAA 
considers the relevant experience assessment as elemental to the early 
ETOPS process. Without the ability to perform this assessment including 
lessons learned on manufacturing and engineering processes, the FAA 
could not

[[Page 64748]]

confidently grant an early ETOPS approval.
    Beyond a certain level of commonality, past experience may not be 
relevant to a new design. This is particularly true where a specific 
design feature that contributed to problems in previous airplanes is 
not a part of the new airplane design. However, the demonstration of 
the applicability of past experience to the new design is inherent in 
the relevant experience assessment.
    This proposed rule would require that the applicant identify 
corrective actions taken to preclude similar problems from occurring on 
the new airplane. Removal from the design of a system, sub-system, or 
component that has had problems in the past may be an acceptable 
corrective action, as long as it precludes similar problems from 
occurring.
    Where new technology is introduced, the lessons learned assessment 
becomes impractical, as there is no previous experience with this 
technology. While this is true, there may still be applicable relevant 
experience. For example, an applicant's previous experience with new 
technology introductions may lead to changes in manufacturing and 
quality control processes. Further, lessons learned of general 
applicability can be introduced into the new technology design, such as 
a general design practice to prevent cross-connector installation.
II(b)(2) Propulsion System Design
II(b)(2)(i) Engine ETOPS Eligibility
    This paragraph would require that the engines to be installed on 
the airplane be approved for ETOPS eligibility in accordance with 
proposed new section 33.200.
Explanation
    Proposed new section 33.200 would require that an engine intended 
for a two engine ETOPS airplane that does not have the service 
experience required by part 25, section II(a), would have to comply 
with certain requirements. The ARAC proposed rule draft did not 
specifically state that the engines installed in an early ETOPS 
airplane must be certified in accordance with section 33.200. We have 
corrected that oversight in this notice.
    We intend that section II(b) of this notice apply to all new 
airplanes and engines. We have considered the possibility that an 
applicant may install an already certified engine with existing service 
experience onto a new airplane. In this case, the combined service 
experience and early ETOPS approval method of proposed section II(c) 
would provide a way of certifying this type of mixed configuration.
II(b)(2)(ii) Design To Preclude In-Flight Shutdowns
    The applicant would have to design the propulsion system to 
preclude failures and malfunctions that could result in an engine in-
flight shutdown. In addition, the applicant would have to substantiate 
compliance with this requirement by analysis, test, in-service 
experience on other airplanes, or other means that the propulsion 
system will minimize failures and malfunctions with the objective of 
achieving the following in-flight shutdown rates:
    (i) 0.02 or less per 1,000 engine fleet hours for 180 minute ETOPS 
or less;
    (ii) 0.01 or less per 1,000 engine fleet hours for ETOPS beyond 180 
minutes.
Explanation
    ARAC provided the following justification for this proposed rule. 
``This rule section requires that the propulsion system be designed to 
preclude failures and malfunctions that could result in an engine in-
flight shutdown. Propulsion systems on previous airplanes were designed 
and certified to be ``fail-safe,'' in compliance with section 25.901 of 
part 25; in other words, any single failure, or probable combination of 
failures, would not jeopardize continued safe flight and landing of the 
airplane. Because safe flight following an engine shutdown is required 
by part 25, preventing engine in-flight shutdowns has not been a major 
design objective on some previous airplane designs. The additional 
design requirement in this section to preclude failures and 
malfunctions that could result in an engine in-flight shutdown has an 
enormous effect on propulsion system reliability in that normal design 
decisions must now consider whether a failure or malfunction might 
result in an engine in-flight shutdown. The method of compliance to 
this section may vary from applicant to applicant, but the intent 
remains--all design features of the propulsion system must preclude 
shutdowns or power losses. This intent is also captured in the proposed 
part 33 rule.''
    We agree with the justification that ARAC provided. The ``design to 
preclude failures and malfunctions that could result in an engine in-
flight shutdown'' is one of the most important features of the early 
ETOPS special conditions that we required for the Boeing Model 777 
airplane. The FAA had a similar justification for this requirement in 
the preamble to those special conditions. However, the proposed rule 
that ARAC recommended did not clearly