CFR 2017 Title14 Vol1 ChapI

Title 14—Aeronautics
and Space
(This book contains parts 1 to 59)
Part
CHAPTER I—Federal Aviation Administration, Department

of Transportation ............................................................... 1
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CHAPTER I—FEDERAL AVIATION
ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION
SUBCHAPTER A—DEFINITIONS AND GENERAL REQUIREMENTS
Part Page
1 Definitions and abbreviations ................................. 5
3 General requirements .............................................. 21
5 Safety management systems ................................... 22
SUBCHAPTER B—PROCEDURAL RULES
11 General rulemaking procedures .............................. 27

13 Investigative and enforcement procedures .............. 38
14 Rules implementing the Equal Access to Justice
Act of 1980 ............................................................ 82
15 Administrative claims under Federal Tort Claims
Act ....................................................................... 89
16 Rules of practice for Federally-assisted airport en-
forcement proceedings. ........................................ 93
17 Procedures for protests and contract disputes ........ 114
SUBCHAPTER C—AIRCRAFT
21 Certification procedures for products and articles 131

23 Airworthiness standards: Normal, utility, acro-
batic, and commuter category airplanes .............. 177
25 Airworthiness standards: Transport category air-
planes ................................................................... 384
26 Continued airworthiness and safety improvements
for transport category airplanes .......................... 658
27 Airworthiness standards: Normal category rotor-
craft ..................................................................... 673
29 Airworthiness standards: Transport category
rotorcraft ............................................................. 759
31 Airworthiness standards: Manned free balloons ...... 879
33 Airworthiness standards: Aircraft engines .............. 886

34 Fuel venting and exhaust emission requirements
for turbine engine powered airplanes ................... 931
14 CFR Ch. I (1–1–17 Edition)
Part Page
35 Airworthiness standards: Propellers ....................... 943
36 Noise standards: Aircraft type and airworthiness
certification ......................................................... 951
39 Airworthiness directives ......................................... 1029
43 Maintenance, preventive maintenance, rebuilding,
and alteration ...................................................... 1031
45 Identification and registration marking ................. 1047
47 Aircraft registration ............................................... 1054
48 Registration and marking requirements for small
unmanned aircraft ............................................... 1068
49 Recording of aircraft titles and security docu-
ments ................................................................... 1072
50–59 [Reserved]
SUBCHAPTER A—DEFINITIONS AND GENERAL
REQUIREMENTS
PART 1—DEFINITIONS AND gines), and landing gear of an aircraft

ABBREVIATIONS and their accessories and controls.
Airplane means an engine-driven
Sec.
fixed-wing aircraft heavier than air,
1.1 General definitions. that is supported in flight by the dy-
1.2 Abbreviations and symbols. namic reaction of the air against its
1.3 Rules of construction. wings.
Airport means an area of land or
AUTHORITY: 49 U.S.C. 106(f), 106(g), 40113,
water that is used or intended to be
44701.
used for the landing and takeoff of air-
EFFECTIVE DATE NOTE: At 81 FR 90169, Dec. craft, and includes its buildings and fa-
13, 2016, the authority citation for Part 1 was cilities, if any.
revised, effective Mar. 13, 2017. For the con- Airship means an engine-driven light-
venience of the user, the revised text is set
forth as follows:
er-than-air aircraft that can be steered.
AUTHORITY: 49 U.S.C. 106(f), 106(g), 40113, Air traffic means aircraft operating in
44701. the air or on an airport surface, exclu-
sive of loading ramps and parking
§ 1.1 General definitions. areas.
Air traffic clearance means an author-
As used in Subchapters A through K
ization by air traffic control, for the
of this chapter, unless the context re-
purpose of preventing collision between
quires otherwise:
known aircraft, for an aircraft to pro-
Administrator means the Federal
ceed under specified traffic conditions
Aviation Administrator or any person
within controlled airspace.
to whom he has delegated his authority
Air traffic control means a service op-
in the matter concerned. erated by appropriate authority to pro-
Aerodynamic coefficients means non- mote the safe, orderly, and expeditious
dimensional coefficients for aero- flow of air traffic.
dynamic forces and moments. Air Traffic Service (ATS) route is a
Air carrier means a person who under- specified route designated for chan-
takes directly by lease, or other ar- neling the flow of traffic as necessary
rangement, to engage in air transpor- for the provision of air traffic services.
tation. The term ‘‘ATS route’’ refers to a vari-
Air commerce means interstate, over- ety of airways, including jet routes,
seas, or foreign air commerce or the area navigation (RNAV) routes, and ar-
transportation of mail by aircraft or rival and departure routes. An ATS
any operation or navigation of aircraft route is defined by route specifications,
within the limits of any Federal airway which may include:
or any operation or navigation of air- (1) An ATS route designator;
craft which directly affects, or which (2) The path to or from significant
may endanger safety in, interstate, points;
overseas, or foreign air commerce. (3) Distance between significant
Aircraft means a device that is used points;
or intended to be used for flight in the (4) Reporting requirements; and
air. (5) The lowest safe altitude deter-
Aircraft engine means an engine that mined by the appropriate authority.
is used or intended to be used for pro- Air transportation means interstate,
pelling aircraft. It includes turbo- overseas, or foreign air transportation
superchargers, appurtenances, and ac- or the transportation of mail by air-
cessories necessary for its functioning, craft.
but does not include propellers. Alert Area. An alert area is estab-
Airframe means the fuselage, booms, lished to inform pilots of a specific
nacelles, cowlings, fairings, airfoil sur- area wherein a high volume of pilot
faces (including rotors but excluding training or an unusual type of aero-
propellers and rotating airfoils of en- nautical activity is conducted.
§ 1.1 14 CFR Ch. I (1–1–17 Edition)
Alternate airport means an airport at Brake horsepower means the power de-
which an aircraft may land if a landing livered at the propeller shaft (main
at the intended airport becomes inad- drive or main output) of an aircraft en-
visable. gine.
Altitude engine means a reciprocating Calibrated airspeed means the indi-
aircraft engine having a rated takeoff cated airspeed of an aircraft, corrected
power that is producible from sea level for position and instrument error. Cali-
to an established higher altitude. brated airspeed is equal to true air-
Amateur rocket means an unmanned speed in standard atmosphere at sea
rocket that: level.
(1) Is propelled by a motor or motors Canard means the forward wing of a
having a combined total impulse of canard configuration and may be a
889,600 Newton-seconds (200,000 pound- fixed, movable, or variable geometry
seconds) or less; and surface, with or without control sur-
(2) Cannot reach an altitude greater faces.
than 150 kilometers (93.2 statute miles) Canard configuration means a configu-
above the earth’s surface. ration in which the span of the forward
Appliance means any instrument, wing is substantially less than that of
mechanism, equipment, part, appa- the main wing.
ratus, appurtenance, or accessory, in- Category:
cluding communications equipment, (1) As used with respect to the cer-
that is used or intended to be used in tification, ratings, privileges, and limi-
operating or controlling an aircraft in tations of airmen, means a broad clas-
flight, is installed in or attached to the sification of aircraft. Examples in-
aircraft, and is not part of an airframe, clude: airplane; rotorcraft; glider; and
engine, or propeller. lighter-than-air; and
Approved, unless used with reference (2) As used with respect to the cer-
to another person, means approved by tification of aircraft, means a grouping
the FAA or any person to whom the of aircraft based upon intended use or
FAA has delegated its authority in the operating limitations. Examples in-
matter concerned, or approved under clude: transport, normal, utility, acro-
the provisions of a bilateral agreement batic, limited, restricted, and provi-
between the United States and a for- sional.
eign country or jurisdiction. Category A, with respect to transport
Area navigation (RNAV) is a method category rotorcraft, means multien-
of navigation that permits aircraft op- gine rotorcraft designed with engine
erations on any desired flight path. and system isolation features specified
Area navigation (RNAV) route is an in Part 29 and utilizing scheduled take-
ATS route based on RNAV that can be off and landing operations under a crit-
used by suitably equipped aircraft. ical engine failure concept which
Armed Forces means the Army, Navy, assures adequate designated surface
Air Force, Marine Corps, and Coast area and adequate performance capa-
Guard, including their regular and re- bility for continued safe flight in the
serve components and members serving event of engine failure.
without component status. Category B, with respect to transport
Autorotation means a rotorcraft flight category rotorcraft, means single-en-
condition in which the lifting rotor is gine or multiengine rotorcraft which
driven entirely by action of the air do not fully meet all Category A stand-
when the rotorcraft is in motion. ards. Category B rotorcraft have no
Auxiliary rotor means a rotor that guaranteed stay-up ability in the event
serves either to counteract the effect of of engine failure and unscheduled land-
the main rotor torque on a rotorcraft ing is assumed.
or to maneuver the rotorcraft about Category II operations, with respect to
one or more of its three principal axes. the operation of aircraft, means a
Balloon means a lighter-than-air air- straight-in ILS approach to the runway
craft that is not engine driven, and of an airport under a Category II ILS
that sustains flight through the use of instrument approach procedure issued
either gas buoyancy or an airborne by the Administrator or other appro-
heater. priate authority.
Federal Aviation Administration, DOT § 1.1
Category III operations, with respect Climbout speed, with respect to rotor-
to the operation of aircraft, means an craft, means a referenced airspeed
ILS approach to, and landing on, the which results in a flight path clear of
runway of an airport using a Category the height-velocity envelope during
III ILS instrument approach procedure initial climbout.
issued by the Administrator or other Commercial operator means a person
appropriate authority. who, for compensation or hire, engages
Ceiling means the height above the in the carriage by aircraft in air com-
earth’s surface of the lowest layer of merce of persons or property, other
clouds or obscuring phenomena that is than as an air carrier or foreign air
reported as ‘‘broken’’, ‘‘overcast’’, or carrier or under the authority of Part
‘‘obscuration’’, and not classified as 375 of this title. Where it is doubtful
‘‘thin’’ or ‘‘partial’’. that an operation is for ‘‘compensation
Civil aircraft means aircraft other or hire’’, the test applied is whether
than public aircraft. the carriage by air is merely incidental
Class: to the person’s other business or is, in
(1) As used with respect to the cer- itself, a major enterprise for profit.
tification, ratings, privileges, and limi- Configuration, Maintenance, and Pro-
tations of airmen, means a classifica- cedures (CMP) document means a docu-
tion of aircraft within a category hav- ment approved by the FAA that con-
ing similar operating characteristics. tains minimum configuration, oper-
Examples include: single engine; multi- ating, and maintenance requirements,
engine; land; water; gyroplane; heli- hardware life-limits, and Master Min-
copter; airship; and free balloon; and imum Equipment List (MMEL) con-
(2) As used with respect to the cer- straints necessary for an airplane-en-
tification of aircraft, means a broad gine combination to meet ETOPS type
grouping of aircraft having similar design approval requirements.
characteristics of propulsion, flight, or Consensus standard means, for the
landing. Examples include: airplane; purpose of certificating light-sport air-
rotorcraft; glider; balloon; landplane; craft, an industry-developed consensus
and seaplane. standard that applies to aircraft de-
Clearway means: sign, production, and airworthiness. It
(1) For turbine engine powered air- includes, but is not limited to, stand-
planes certificated after August 29, ards for aircraft design and perform-
1959, an area beyond the runway, not ance, required equipment, manufac-
less than 500 feet wide, centrally lo- turer quality assurance systems, pro-
cated about the extended centerline of duction acceptance test procedures, op-
erating instructions, maintenance and
the runway, and under the control of
inspection procedures, identification
the airport authorities. The clearway
and recording of major repairs and
is expressed in terms of a clearway
major alterations, and continued air-
plane, extending from the end of the
worthiness.
runway with an upward slope not ex-
Controlled airspace means an airspace
ceeding 1.25 percent, above which no
of defined dimensions within which air
object nor any terrain protrudes. How-
traffic control service is provided to
ever, threshold lights may protrude
IFR flights and to VFR flights in ac-
above the plane if their height above cordance with the airspace classifica-
the end of the runway is 26 inches or tion.
less and if they are located to each side
of the runway. NOTE: Controlled airspace is a generic term
(2) For turbine engine powered air- that covers Class A, Class B, Class C, Class
planes certificated after September 30, D, and Class E airspace.
1958, but before August 30, 1959, an area Controlled Firing Area. A controlled
beyond the takeoff runway extending firing area is established to contain ac-
no less than 300 feet on either side of tivities, which if not conducted in a
the extended centerline of the runway, controlled environment, would be haz-
at an elevation no higher than the ele- ardous to nonparticipating aircraft.
vation of the end of the runway, clear Crewmember means a person assigned
of all fixed obstacles, and under the to perform duty in an aircraft during
control of the airport authorities. flight time.
§ 1.1 14 CFR Ch. I (1–1–17 Edition)
Critical altitude means the maximum in a way to show their relative posi-
altitude at which, in standard atmos- tions and elevation) through the use of
phere, it is possible to maintain, at a imaging sensors, such as a forward
specified rotational speed, a specified looking infrared, millimeter wave
power or a specified manifold pressure. radiometry, millimeter wave radar,
Unless otherwise stated, the critical allow light level image intensifying.
titude is the maximum altitude at Equivalent airspeed means the cali-
which it is possible to maintain, at the brated airspeed of an aircraft corrected
maximum continuous rotational speed, for adiabatic compressible flow for the
one of the following: particular altitude. Equivalent air-
(1) The maximum continuous power, speed is equal to calibrated airspeed in
in the case of engines for which this standard atmosphere at sea level.
power rating is the same at sea level ETOPS Significant System means an
and at the rated altitude. airplane system, including the propul-
(2) The maximum continuous rated sion system, the failure or malfunc-
manifold pressure, in the case of en- tioning of which could adversely affect
gines, the maximum continuous power the safety of an ETOPS flight, or the
of which is governed by a constant continued safe flight and landing of an
manifold pressure. airplane during an ETOPS diversion.
Critical engine means the engine Each ETOPS significant system is ei-
whose failure would most adversely af- ther an ETOPS group 1 significant sys-
fect the performance or handling quali- tem or an ETOPS group 2 significant
ties of an aircraft. system.
Decision altitude (DA) is a specified al- (1) An ETOPS group 1 Significant
titude in an instrument approach pro- System—
cedure at which the pilot must decide (i) Has fail-safe characteristics di-
whether to initiate an immediate rectly linked to the degree of redun-
missed approach if the pilot does not dancy provided by the number of en-
see the required visual reference, or to gines on the airplane.
continue the approach. Decision alti- (ii) Is a system, the failure or mal-
tude is expressed in feet above mean function of which could result in an
sea level. IFSD, loss of thrust control, or other
Decision height (DH) is a specified power loss.
height above the ground in an instru- (iii) Contributes significantly to the
ment approach procedure at which the safety of an ETOPS diversion by pro-
pilot must decide whether to initiate viding additional redundancy for any
an immediate missed approach if the system power source lost as a result of
pilot does not see the required visual an inoperative engine.
reference, or to continue the approach. (iv) Is essential for prolonged oper-
Decision height is expressed in feet ation of an airplane at engine inoper-
above ground level. ative altitudes.
Early ETOPS means ETOPS type de- (2) An ETOPS group 2 significant sys-
sign approval obtained without gaining tem is an ETOPS significant system
non-ETOPS service experience on the that is not an ETOPS group 1 signifi-
candidate airplane-engine combination cant system.
certified for ETOPS. Extended Operations (ETOPS) means
Enhanced flight visibility (EFV) means an airplane flight operation, other than
the average forward horizontal dis- an all-cargo operation in an airplane
tance, from the cockpit of an aircraft with more than two engines, during
in flight, at which prominent topo- which a portion of the flight is con-
graphical objects may be clearly dis- ducted beyond a time threshold identi-
tinguished and identified by day or fied in part 121 or part 135 of this chap-
night by a pilot using an enhanced ter that is determined using an ap-
flight vision system. proved one-engine-inoperative cruise
Enhanced flight vision system (EFVS) speed under standard atmospheric con-
means an electronic means to provide a ditions in still air.
display of the forward external scene Extended over-water operation means—

topography (the natural or manmade (1) With respect to aircraft other
features of a place or region especially than helicopters, an operation over
water at a horizontal distance of more gating a flame, beyond safe limits,

than 50 nautical miles from the nearest after the ignition source is removed.
shoreline; and Flammable, with respect to a fluid or
(2) With respect to helicopters, an op- gas, means susceptible to igniting read-
eration over water at a horizontal dis- ily or to exploding.
tance of more than 50 nautical miles Flap extended speed means the highest
from the nearest shoreline and more speed permissible with wing flaps in a
than 50 nautical miles from an off- prescribed extended position.
shore heliport structure. Flash resistant means not susceptible
External load means a load that is to burning violently when ignited.
carried, or extends, outside of the air- Flightcrew member means a pilot,
craft fuselage. flight engineer, or flight navigator as-
External-load attaching means means signed to duty in an aircraft during
the structural components used to at- flight time.
tach an external load to an aircraft, in- Flight level means a level of constant
cluding external-load containers, the atmospheric pressure related to a ref-
backup structure at the attachment erence datum of 29.92 inches of mer-
points, and any quick-release device cury. Each is stated in three digits
used to jettison the external load. that represent hundreds of feet. For ex-
Final approach fix (FAF) defines the ample, flight level 250 represents a bar-
beginning of the final approach seg- ometric altimeter indication of 25,000
ment and the point where final seg- feet; flight level 255, an indication of
ment descent may begin. 25,500 feet.
Final takeoff speed means the speed of Flight plan means specified informa-
the airplane that exists at the end of tion, relating to the intended flight of
the takeoff path in the en route con- an aircraft, that is filed orally or in
figuration with one engine inoperative. writing with air traffic control.
Fireproof— Flight simulation training device
(1) With respect to materials and (FSTD) means a flight simulator or a
parts used to confine fire in a des- flight training device.
ignated fire zone, means the capacity Flight time means:
to withstand at least as well as steel in (1) Pilot time that commences when
dimensions appropriate for the purpose an aircraft moves under its own power
for which they are used, the heat pro- for the purpose of flight and ends when
duced when there is a severe fire of ex- the aircraft comes to rest after land-
tended duration in that zone; and ing; or
(2) With respect to other materials (2) For a glider without self-launch
and parts, means the capacity to with- capability, pilot time that commences
stand the heat associated with fire at when the glider is towed for the pur-
least as well as steel in dimensions ap- pose of flight and ends when the glider
propriate for the purpose for which comes to rest after landing.
they are used. Flight training device (FTD) means a
Fire resistant— replica of aircraft instruments, equip-
(1) With respect to sheet or struc- ment, panels, and controls in an open
tural members means the capacity to flight deck area or an enclosed aircraft
withstand the heat associated with fire cockpit replica. It includes the equip-
at least as well as aluminum alloy in ment and computer programs nec-
dimensions appropriate for the purpose essary to represent aircraft (or set of
for which they are used; and aircraft) operations in ground and
(2) With respect to fluid-carrying flight conditions having the full range
lines, fluid system parts, wiring, air of capabilities of the systems installed
ducts, fittings, and powerplant con- in the device as described in part 60 of
trols, means the capacity to perform this chapter and the qualification per-
the intended functions under the heat formance standard (QPS) for a specific
and other conditions likely to occur FTD qualification level.
when there is a fire at the place con- Flight visibility means the average for-
cerned. ward horizontal distance, from the

Flame resistant means not susceptible cockpit of an aircraft in flight, at
to combustion to the point of propa- which prominent unlighted objects
§ 1.1 14 CFR Ch. I (1–1–17 Edition)
may be seen and identified by day and Ground visibility means prevailing
prominent lighted objects may be seen horizontal visibility near the earth’s
and identified by night. surface as reported by the United
Foreign air carrier means any person States National Weather Service or an
other than a citizen of the United accredited observer.
States, who undertakes directly, by Go-around power or thrust setting
lease or other arrangement, to engage means the maximum allowable in-
in air transportation. flight power or thrust setting identi-
Foreign air commerce means the car- fied in the performance data.
riage by aircraft of persons or property Gyrodyne means a rotorcraft whose
for compensation or hire, or the car- rotors are normally engine-driven for
riage of mail by aircraft, or the oper- takeoff, hovering, and landing, and for
ation or navigation of aircraft in the forward flight through part of its speed
conduct or furtherance of a business or range, and whose means of propulsion,
vocation, in commerce between a place consisting usually of conventional pro-
in the United States and any place out- pellers, is independent of the rotor sys-
side thereof; whether such commerce tem.
moves wholly by aircraft or partly by Gyroplane means a rotorcraft whose
aircraft and partly by other forms of rotors are not engine-driven, except for
transportation. initial starting, but are made to rotate
Foreign air transportation means the by action of the air when the rotorcraft
carriage by aircraft of persons or prop- is moving; and whose means of propul-
erty as a common carrier for com- sion, consisting usually of conven-
pensation or hire, or the carriage of tional propellers, is independent of the
mail by aircraft, in commerce between rotor system.
a place in the United States and any Helicopter means a rotorcraft that,
place outside of the United States, for its horizontal motion, depends prin-
whether that commerce moves wholly cipally on its engine-driven rotors.
by aircraft or partly by aircraft and Heliport means an area of land, water,
partly by other forms of transpor- or structure used or intended to be
tation. used for the landing and takeoff of heli-
Forward wing means a forward lifting copters.
surface of a canard configuration or Idle thrust means the jet thrust ob-
tandem-wing configuration airplane. tained with the engine power control
The surface may be a fixed, movable, or level set at the stop for the least thrust
variable geometry surface, with or position at which it can be placed.
without control surfaces. IFR conditions means weather condi-
Full flight simulator (FFS) means a tions below the minimum for flight
replica of a specific type; or make, under visual flight rules.
model, and series aircraft cockpit. It IFR over-the-top, with respect to the
includes the assemblage of equipment operation of aircraft, means the oper-
and computer programs necessary to ation of an aircraft over-the-top on an
represent aircraft operations in ground IFR flight plan when cleared by air
and flight conditions, a visual system traffic control to maintain ‘‘VFR con-
providing an out-of-the-cockpit view, a ditions’’ or ‘‘VFR conditions on top’’.
system that provides cues at least Indicated airspeed means the speed of
equivalent to those of a three-degree- an aircraft as shown on its pitot static
of-freedom motion system, and has the airspeed indicator calibrated to reflect
full range of capabilities of the systems standard atmosphere adiabatic com-
installed in the device as described in pressible flow at sea level uncorrected
part 60 of this chapter and the quali- for airspeed system errors.
fication performance standards (QPS) In-flight shutdown (IFSD) means, for
for a specific FFS qualification level. ETOPS only, when an engine ceases to
Glider means a heavier-than-air air- function (when the airplane is air-
craft, that is supported in flight by the borne) and is shutdown, whether self
dynamic reaction of the air against its induced, flightcrew initiated or caused
lifting surfaces and whose free flight by an external influence. The FAA con-
does not depend principally on an en- siders IFSD for all causes: for example,
gine. flameout, internal failure, flightcrew
10
initiated shutdown, foreign object in- (2) Between places in the same State
gestion, icing, inability to obtain or through the airspace over any place
control desired thrust or power, and outside that State; or
cycling of the start control, however (3) Between places in the same pos-
briefly, even if the engine operates nor- session of the United States;
mally for the remainder of the flight.
Whether that commerce moves wholly
This definition excludes the airborne
by aircraft of partly by aircraft and
cessation of the functioning of an en-
partly by other forms of transpor-
gine when immediately followed by an
tation.
automatic engine relight and when an
engine does not achieve desired thrust Intrastate air transportation means the
or power but is not shutdown. carriage of persons or property as a
Instrument means a device using an common carrier for compensation or
internal mechanism to show visually hire, by turbojet-powered aircraft capa-
or aurally the attitude, altitude, or op- ble of carrying thirty or more persons,
eration of an aircraft or aircraft part. wholly within the same State of the
It includes electronic devices for auto- United States.
matically controlling an aircraft in Kite means a framework, covered
flight. with paper, cloth, metal, or other ma-
Instrument approach procedure (IAP) is terial, intended to be flown at the end
a series of predetermined maneuvers by of a rope or cable, and having as its
reference to flight instruments with only support the force of the wind mov-
specified protection from obstacles and ing past its surfaces.
assurance of navigation signal recep- Landing gear extended speed means
tion capability. It begins from the ini- the maximum speed at which an air-
tial approach fix, or where applicable, craft can be safely flown with the land-
from the beginning of a defined arrival ing gear extended.
route to a point: Landing gear operating speed means
(1) From which a landing can be com- the maximum speed at which the land-
pleted; or ing gear can be safely extended or re-
(2) If a landing is not completed, to a tracted.
position at which holding or en route Large aircraft means aircraft of more
obstacle clearance criteria apply. than 12,500 pounds, maximum certifi-
Interstate air commerce means the car- cated takeoff weight.
riage by aircraft of persons or property Light-sport aircraft means an aircraft,
for compensation or hire, or the car- other than a helicopter or powered-lift
riage of mail by aircraft, or the oper- that, since its original certification,
ation or navigation of aircraft in the has continued to meet the following:
conduct or furtherance of a business or (1) A maximum takeoff weight of not
vocation, in commerce between a place more than—
in any State of the United States, or (i) 1,320 pounds (600 kilograms) for
the District of Columbia, and a place in aircraft not intended for operation on
any other State of the United States, water; or
or the District of Columbia; or between (ii) 1,430 pounds (650 kilograms) for
places in the same State of the United an aircraft intended for operation on
States through the airspace over any water.
place outside thereof; or between (2) A maximum airspeed in level
places in the same territory or posses- flight with maximum continuous power
sion of the United States, or the Dis- (VH) of not more than 120 knots CAS
trict of Columbia. under standard atmospheric conditions
Interstate air transportation means the at sea level.
carriage by aircraft of persons or prop- (3) A maximum never-exceed speed
erty as a common carrier for com- (VNE) of not more than 120 knots CAS
pensation or hire, or the carriage of for a glider.
mail by aircraft in commerce: (4) A maximum stalling speed or min-
(1) Between a place in a State or the imum steady flight speed without the
District of Columbia and another place use of lift-enhancing devices (VS1) of

in another State or the District of Co- not more than 45 knots CAS at the air-
lumbia; craft’s maximum certificated takeoff
11
§ 1.1 14 CFR Ch. I (1–1–17 Edition)
weight and most critical center of Major alteration means an alteration

gravity. not listed in the aircraft, aircraft en-
(5) A maximum seating capacity of gine, or propeller specifications—
no more than two persons, including (1) That might appreciably affect
the pilot. weight, balance, structural strength,
(6) A single, reciprocating engine, if performance, powerplant operation,
powered. flight characteristics, or other quali-
(7) A fixed or ground-adjustable pro- ties affecting airworthiness; or
peller if a powered aircraft other than (2) That is not done according to ac-
a powered glider. cepted practices or cannot be done by
(8) A fixed or feathering propeller elementary operations.
system if a powered glider. Major repair means a repair:
(9) A fixed-pitch, semi-rigid, tee- (1) That, if improperly done, might
tering, two-blade rotor system, if a gy- appreciably affect weight, balance,
roplane. structural strength, performance, pow-
(10) A nonpressurized cabin, if erplant operation, flight characteris-
equipped with a cabin. tics, or other qualities affecting air-
(11) Fixed landing gear, except for an worthiness; or
aircraft intended for operation on (2) That is not done according to ac-
water or a glider. cepted practices or cannot be done by
(12) Fixed or retractable landing elementary operations.
gear, or a hull, for an aircraft intended Manifold pressure means absolute
for operation on water. pressure as measured at the appro-
(13) Fixed or retractable landing gear priate point in the induction system
for a glider. and usually expressed in inches of mer-
Lighter-than-air aircraft means air- cury.
craft that can rise and remain sus- Maximum engine overtorque, as it ap-
pended by using contained gas weigh- plies to turbopropeller and turboshaft
ing less than the air that is displaced engines incorporating free power tur-
by the gas. bines for all ratings except one engine
Load factor means the ratio of a spec- inoperative (OEI) ratings of two min-
ified load to the total weight of the air- utes or less, means the maximum
craft. The specified load is expressed in torque of the free power turbine rotor
terms of any of the following: aero- assembly, the inadvertent occurrence
dynamic forces, inertia forces, or of which, for periods of up to 20 sec-
ground or water reactions. onds, will not require rejection of the
Long-range communication system engine from service, or any mainte-
(LRCS). A system that uses satellite nance action other than to correct the
relay, data link, high frequency, or an- cause.Maximum speed for stability char-
other approved communication system acteristics, VFC/MFC means a speed that
which extends beyond line of sight. may not be less than a speed midway
Long-range navigation system (LRNS). between maximum operating limit
An electronic navigation unit that is speed (VMO/MMO) and demonstrated
approved for use under instrument flight diving speed (VDF/MDF), except
flight rules as a primary means of navi- that, for altitudes where the Mach
gation, and has at least one source of number is the limiting factor, MFC need
navigational input, such as inertial not exceed the Mach number at which
navigation system, global positioning effective speed warning occurs.
system, Omega/very low frequency, or Medical certificate means acceptable
Loran C. evidence of physical fitness on a form
Mach number means the ratio of true prescribed by the Administrator.
airspeed to the speed of sound. Military operations area. A military
Main rotor means the rotor that sup- operations area (MOA) is airspace es-
plies the principal lift to a rotorcraft. tablished outside Class A airspace to
Maintenance means inspection, over- separate or segregate certain nonhaz-
haul, repair, preservation, and the re- ardous military activities from IFR
placement of parts, but excludes pre- Traffic and to identify for VFR traffic
ventive maintenance. where theses activities are conducted.
12
Minimum descent altitude (MDA) is the in any State of the United States, or
lowest altitude specified in an instru- the District of Columbia, and any place
ment approach procedure, expressed in in a territory or possession of the
feet above mean sea level, to which de- United States; or between a place in a
scent is authorized on final approach or territory or possession of the United
during circle-to-land maneuvering States, and a place in any other terri-
until the pilot sees the required visual tory or possession of the United States.
references for the heliport or runway of Overseas air transportation means the
intended landing. carriage by aircraft of persons or prop-
Minor alteration means an alteration erty as a common carrier for com-
other than a major alteration. pensation or hire, or the carriage of
Minor repair means a repair other mail by aircraft, in commerce:
than a major repair. (1) Between a place in a State or the
Model aircraft means an unmanned District of Columbia and a place in a
aircraft that is: possession of the United States; or
(1) Capable of sustained flight in the
(2) Between a place in a possession of
atmosphere;
the United States and a place in an-
(2) Flown within visual line of sight
of the person operating the aircraft; other possession of the United States;
and whether that commerce moves wholly
(3) Flown for hobby or recreational by aircraft or partly by aircraft and
purposes. partly by other forms of transpor-
National defense airspace means air- tation.
space established by a regulation pre- Over-the-top means above the layer of
scribed, or an order issued under, 49 clouds or other obscuring phenomena
U.S.C. 40103(b)(3). forming the ceiling.
Navigable airspace means airspace at Parachute means a device used or in-
and above the minimum flight alti- tended to be used to retard the fall of
tudes prescribed by or under this chap- a body or object through the air.
ter, including airspace needed for safe Person means an individual, firm,
takeoff and landing. partnership, corporation, company, as-
Night means the time between the sociation, joint-stock association, or
end of evening civil twilight and the governmental entity. It includes a
beginning of morning civil twilight, as trustee, receiver, assignee, or similar
published in the Air Almanac, con- representative of any of them.
verted to local time. Pilotage means navigation by visual
Nonprecision approach procedure reference to landmarks.
means a standard instrument approach Pilot in command means the person
procedure in which no electronic glide who:
slope is provided. (1) Has final authority and responsi-
Operate, with respect to aircraft,
bility for the operation and safety of
means use, cause to use or authorize to
the flight;
use aircraft, for the purpose (except as
provided in § 91.13 of this chapter) of air (2) Has been designated as pilot in
navigation including the piloting of command before or during the flight;
aircraft, with or without the right of and
legal control (as owner, lessee, or oth- (3) Holds the appropriate category,
erwise). class, and type rating, if appropriate,
Operational control, with respect to a for the conduct of the flight.
flight, means the exercise of authority Pitch setting means the propeller
over initiating, conducting or termi- blade setting as determined by the
nating a flight. blade angle measured in a manner, and
Overseas air commerce means the car- at a radius, specified by the instruction
riage by aircraft of persons or property manual for the propeller.
for compensation or hire, or the car- Portable oxygen concentrator means a
riage of mail by aircraft, or the oper- medical device that separates oxygen
ation or navigation of aircraft in the from other gasses in ambient air and
conduct or furtherance of a business or dispenses this concentrated oxygen to
vocation, in commerce between a place the user.
13
§ 1.1 14 CFR Ch. I (1–1–17 Edition)
Positive control means control of all of these governments; or an aircraft ex-

air traffic, within designated airspace, clusively leased for at least 90 contin-
by air traffic control. uous days by the government of a
Powered parachute means a powered State, the District of Columbia, or a
aircraft comprised of a flexible or semi- territory or possession of the United
rigid wing connected to a fuselage so States or a political subdivision of one
that the wing is not in position for of these governments.
flight until the aircraft is in motion. (i) For the sole purpose of deter-
The fuselage of a powered parachute mining public aircraft status, commer-
contains the aircraft engine, a seat for cial purposes means the transportation
each occupant and is attached to the of persons or property for compensa-
aircraft’s landing gear. tion or hire, but does not include the
Powered-lift means a heavier-than-air operation of an aircraft by the armed
aircraft capable of vertical takeoff, forces for reimbursement when that re-
vertical landing, and low speed flight imbursement is required by any Fed-
that depends principally on engine- eral statute, regulation, or directive, in
driven lift devices or engine thrust for effect on November 1, 1999, or by one
lift during these flight regimes and on government on behalf of another gov-
nonrotating airfoil(s) for lift during ernment under a cost reimbursement
horizontal flight. agreement if the government on whose
Precision approach procedure means a behalf the operation is conducted cer-
standard instrument approach proce- tifies to the Administrator of the Fed-
dure in which an electronic glide slope eral Aviation Administration that the
is provided, such as ILS and PAR. operation is necessary to respond to a
Preventive maintenance means simple significant and imminent threat to life
or minor preservation operations and or property (including natural re-
the replacement of small standard sources) and that no service by a pri-
parts not involving complex assembly vate operator is reasonably available
operations. to meet the threat.
Prohibited area. A prohibited area is (ii) For the sole purpose of deter-
airspace designated under part 73 with- mining public aircraft status, govern-
in which no person may operate an air- mental function means an activity un-
craft without the permission of the dertaken by a government, such as na-
using agency. tional defense, intelligence missions,
Propeller means a device for propel- firefighting, search and rescue, law en-
ling an aircraft that has blades on an forcement (including transport of pris-
engine-driven shaft and that, when ro- oners, detainees, and illegal aliens),
tated, produces by its action on the air, aeronautical research, or biological or
a thrust approximately perpendicular geological resource management.
to its plane of rotation. It includes con- (iii) For the sole purpose of deter-
trol components normally supplied by mining public aircraft status, qualified
its manufacturer, but does not include non-crewmember means an individual,
main and auxiliary rotors or rotating other than a member of the crew,
airfoils of engines. aboard an aircraft operated by the
Public aircraft means any of the fol- armed forces or an intelligence agency
lowing aircraft when not being used for of the United States Government, or
a commercial purpose or to carry an whose presence is required to perform,
individual other than a crewmember or or is associated with the performance
qualified non-crewmenber: of, a governmental function.
(1) An aircraft used only for the (2) An aircraft owned or operated by
United States Government; an aircraft the armed forces or chartered to pro-
owned by the Government and operated vide transportation to the armed forces
by any person for purposes related to if—
crew training, equipment development, (i) The aircraft is operated in accord-
or demonstration; an aircraft owned ance with title 10 of the United States
and operated by the government of a Code;
State, the District of Columbia, or a (ii) The aircraft is operated in the

territory or possession of the United performance of a governmental func-
States or a political subdivision of one tion under title 14, 31, 32, or 50 of the
14
United States Code and the aircraft is Rated maximum continuous augmented
not used for commercial purposes; or thrust, with respect to turbojet engine
(iii) The aircraft is chartered to pro- type certification, means the approved
vide transportation to the armed forces jet thrust that is developed statically
and the Secretary of Defense (or the or in flight, in standard atmosphere at
Secretary of the department in which a specified altitude, with fluid injec-
the Coast Guard is operating) des- tion or with the burning of fuel in a
ignates the operation of the aircraft as separate combustion chamber, within
being required in the national interest. the engine operating limitations estab-
(3) An aircraft owned or operated by lished under Part 33 of this chapter,
the National Guard of a State, the Dis- and approved for unrestricted periods
trict of Columbia, or any territory or of use.
possession of the United States, and Rated maximum continuous power,
that meets the criteria of paragraph (2) with respect to reciprocating, turbo-
of this definition, qualifies as a public propeller, and turboshaft engines,
aircraft only to the extent that it is means the approved brake horsepower
operated under the direct control of that is developed statically or in flight,
the Department of Defense. in standard atmosphere at a specified
Rated 30-second OEI Power, with re- altitude, within the engine operating
spect to rotorcraft turbine engines, limitations established under part 33,
means the approved brake horsepower and approved for unrestricted periods
developed under static conditions at of use.
specified altitudes and temperatures Rated maximum continuous thrust,
within the operating limitations estab- with respect to turbojet engine type
lished for the engine under part 33 of certification, means the approved jet
this chapter, for continuation of one thrust that is developed statically or in
flight operation after the failure or flight, in standard atmosphere at a
shutdown of one engine in multiengine specified altitude, without fluid injec-
rotorcraft, for up to three periods of tion and without the burning of fuel in
use no longer than 30 seconds each in a separate combustion chamber, within
any one flight, and followed by manda- the engine operating limitations estab-
tory inspection and prescribed mainte- lished under part 33 of this chapter,
nance action. and approved for unrestricted periods
Rated 2-minute OEI Power, with re- of use.
spect to rotorcraft turbine engines, Rated takeoff augmented thrust, with
means the approved brake horsepower respect to turbojet engine type certifi-
developed under static conditions at cation, means the approved jet thrust
specified altitudes and temperatures that is developed statically under
within the operating limitations estab- standard sea level conditions, with
lished for the engine under part 33 of fluid injection or with the burning of
this chapter, for continuation of one fuel in a separate combustion chamber,
flight operation after the failure or within the engine operating limita-
shutdown of one engine in multiengine tions established under part 33 of this
rotorcraft, for up to three periods of chapter, and limited in use to periods
use no longer than 2 minutes each in of not over 5 minutes for takeoff oper-
any one flight, and followed by manda- ation.
tory inspection and prescribed mainte- Rated takeoff power, with respect to
nance action. reciprocating, turbopropeller, and tur-
Rated continuous OEI power, with re- boshaft engine type certification,
spect to rotorcraft turbine engines, means the approved brake horsepower
means the approved brake horsepower that is developed statically under
developed under static conditions at standard sea level conditions, within
specified altitudes and temperatures the engine operating limitations estab-
within the operating limitations established under part 33, and limited in use
lished for the engine under part 33 of to periods of not over 5 minutes for
this chapter, and limited in use to the takeoff operation.
time required to complete the flight Rated takeoff thrust, with respect to
after the failure or shutdown of one en- turbojet engine type certification,
gine of a multiengine rotorcraft. means the approved jet thrust that is
15
§ 1.1 14 CFR Ch. I (1–1–17 Edition)
developed statically under standard sea Rotorcraft-load combination means the

level conditions, without fluid injec- combination of a rotorcraft and an ex-
tion and without the burning of fuel in ternal-load, including the external-load
a separate combustion chamber, within attaching means. Rotorcraft-load com-
the engine operating limitations estab- binations are designated as Class A,
lished under part 33 of this chapter, Class B, Class C, and Class D, as fol-
and limited in use to periods of not lows:
over 5 minutes for takeoff operation. (1) Class A rotorcraft-load combination
Rated 30-minute OEI power, with re- means one in which the external load
spect to rotorcraft turbine engines, cannot move freely, cannot be jetti-
means the approved brake horsepower soned, and does not extend below the
developed under static conditions at landing gear.
specified altitudes and temperatures (2) Class B rotorcraft-load combination
within the operating limitations estab- means one in which the external load is
lished for the engine under part 33 of jettisonable and is lifted free of land or
this chapter, and limited in use to one water during the rotorcraft operation.
period of use no longer than 30 minutes (3) Class C rotorcraft-load combination
after the failure or shutdown of one en- means one in which the external load is
gine of a multiengine rotorcraft. jettisonable and remains in contact
Rated 21⁄2-minute OEI power, with re- with land or water during the rotor-
spect to rotorcraft turbine engines, craft operation.
means the approved brake horsepower (4) Class D rotorcraft-load combination
developed under static conditions at means one in which the external-load
specified altitudes and temperatures is other than a Class A, B, or C and has
within the operating limitations estab- been specifically approved by the Ad-
lished for the engine under part 33 of ministrator for that operation.
Route segment is a portion of a route
this chapter for periods of use no
bounded on each end by a fix or naviga-
longer than 21⁄2 minutes each after the
tion aid (NAVAID).
failure or shutdown of one engine of a
Sea level engine means a reciprocating
multiengine rotorcraft.
aircraft engine having a rated takeoff
Rating means a statement that, as a
power that is producible only at sea
part of a certificate, sets forth special
level.
conditions, privileges, or limitations.
Second in command means a pilot who
Reference landing speed means the is designated to be second in command
speed of the airplane, in a specified of an aircraft during flight time.
landing configuration, at the point Show, unless the context otherwise
where it descends through the 50 foot requires, means to show to the satis-
height in the determination of the faction of the Administrator.
landing distance. Small aircraft means aircraft of 12,500
Reporting point means a geographical pounds or less, maximum certificated
location in relation to which the posi- takeoff weight.
tion of an aircraft is reported. Small unmanned aircraft means an un-
Restricted area. A restricted area is manned aircraft weighing less than 55
airspace designated under Part 73 with- pounds on takeoff, including every-
in which the flight of aircraft, while thing that is on board or otherwise at-
not wholly prohibited, is subject to re- tached to the aircraft.
striction. Small unmanned aircraft system (small
Rocket means an aircraft propelled by UAS) means a small unmanned aircraft
ejected expanding gases generated in and its associated elements (including
the engine from self-contained propel- communication links and the compo-
lants and not dependent on the intake nents that control the small unmanned
of outside substances. It includes any aircraft) that are required for the safe
part which becomes separated during and efficient operation of the small un-
the operation. manned aircraft in the national air-
Rotorcraft means a heavier-than-air space system.
aircraft that depends principally for its Special VFR conditions mean meteoro-
support in flight on the lift generated logical conditions that are less than
by one or more rotors. those required for basic VFR flight in
16
controlled airspace and in which some level conditions, and under the max-
aircraft are permitted flight under vis- imum conditions of crankshaft rota-
ual flight rules. tional speed and engine manifold pres-
Special VFR operations means aircraft sure approved for the normal takeoff,
operating in accordance with clear- and limited in continuous use to the
ances within controlled airspace in me- period of time shown in the approved
teorological conditions less than the engine specification; and
basic VFR weather minima. Such oper- (2) With respect to turbine engines,
ations must be requested by the pilot means the brake horsepower that is de-
and approved by ATC. veloped under static conditions at a
Standard atmosphere means the at- specified altitude and atmospheric
mosphere defined in U.S. Standard At- temperature, and under the maximum
mosphere, 1962 (Geopotential altitude conditions of rotor shaft rotational
tables). speed and gas temperature approved for
Stopway means an area beyond the the normal takeoff, and limited in con-
takeoff runway, no less wide than the tinuous use to the period of time shown
runway and centered upon the ex- in the approved engine specification.
tended centerline of the runway, able Takeoff safety speed means a ref-
to support the airplane during an erenced airspeed obtained after lift-off
aborted takeoff, without causing struc- at which the required one-engine-inop-
tural damage to the airplane, and des- erative climb performance can be
ignated by the airport authorities for achieved.
use in decelerating the airplane during Takeoff thrust, with respect to tur-
an aborted takeoff. bine engines, means the jet thrust that
Suitable RNAV system is an RNAV sys- is developed under static conditions at
tem that meets the required perform- a specific altitude and atmospheric
ance established for a type of oper- temperature under the maximum con-
ation, e.g. IFR; and is suitable for oper- ditions of rotorshaft rotational speed
ation over the route to be flown in and gas temperature approved for the
terms of any performance criteria (in- normal takeoff, and limited in contin-
cluding accuracy) established by the uous use to the period of time shown in
air navigation service provider for cer- the approved engine specification.
tain routes (e.g. oceanic, ATS routes, Tandem wing configuration means a
and IAPs). An RNAV system’s suit- configuration having two wings of
ability is dependent upon the avail- similar span, mounted in tandem.
ability of ground and/or satellite navi- TCAS I means a TCAS that utilizes
gation aids that are needed to meet interrogations of, and replies from, air-
any route performance criteria that borne radar beacon transponders and
may be prescribed in route specifica- provides traffic advisories to the pilot.
tions to navigate the aircraft along the TCAS II means a TCAS that utilizes
route to be flown. Information on suit- interrogations of, and replies from air-
able RNAV systems is published in borne radar beacon transponders and
FAA guidance material. provides traffic advisories and resolu-
Synthetic vision means a computer- tion advisories in the vertical plane.
generated image of the external scene TCAS III means a TCAS that utilizes
topography from the perspective of the interrogation of, and replies from, air-
flight deck that is derived from airborne radar beacon transponders and
craft attitude, high-precision naviga- provides traffic advisories and resolu-
tion solution, and database of terrain, tion advisories in the vertical and hori-
obstacles and relevant cultural fea- zontal planes to the pilot.
tures. Time in service, with respect to main-
Synthetic vision system means an tenance time records, means the time
electronic means to display a synthetic from the moment an aircraft leaves the
vision image of the external scene to- surface of the earth until it touches it
pography to the flight crew. at the next point of landing.
Takeoff power: Traffic pattern means the traffic flow
(1) With respect to reciprocating en- that is prescribed for aircraft landing
gines, means the brake horsepower at, taxiing on, or taking off from, an
that is developed under standard sea airport.
17
§ 1.2 14 CFR Ch. I (1–1–17 Edition)
True airspeed means the airspeed of ability to change the aircraft’s center
an aircraft relative to undisturbed air. of gravity with respect to the wing.
True airspeed is equal to equivalent Flight control of the aircraft depends
airspeed multiplied by (r0/r)1⁄2. on the wing’s ability to flexibly deform
Type: rather than the use of control surfaces.
(1) As used with respect to the cer- Winglet or tip fin means an out-of-
tification, ratings, privileges, and limi- plane surface extending from a lifting
tations of airmen, means a specific surface. The surface may or may not
make and basic model of aircraft, in- have control surfaces.
cluding modifications thereto that do [Doc. No. 1150, 27 FR 4588, May 15, 1962]
not change its handling or flight char-
acteristics. Examples include: DC–7, EDITORIAL NOTE: For FEDERAL REGISTER ci-
1049, and F–27; and tations affecting § 1.1, see the List of CFR
Sections Affected, which appears in the
(2) As used with respect to the cer- Finding Aids section of the printed volume
tification of aircraft, means those air- and at www.fdsys.gov.
craft which are similar in design. Ex-
EFFECTIVE DATE NOTE: At 81 FR 90169, Dec.
amples include: DC–7 and DC–7C; 1049G
13, 2016, § 1.1 was amended by adding the defi-
and 1049H; and F–27 and F–27F. nition of ‘‘EFVS operation’’ in alphabetical
(3) As used with respect to the cer- order and by revising the definition for ‘‘En-
tification of aircraft engines means hanced flight vision system (EFVS)’’, effec-
those engines which are similar in de- tive Mar. 13, 2017. For the convenience of the
sign. For example, JT8D and JT8D–7 user, the added and revised text is set forth
are engines of the same type, and as follows:
JT9D–3A and JT9D–7 are engines of the § 1.1 General definitions.
same type.
United States, in a geographical sense,
means (1) the States, the District of * * * * *
Columbia, Puerto Rico, and the posses- EFVS operation means an operation in
sions, including the territorial waters, which visibility conditions require an EFVS
and (2) the airspace of those areas. to be used in lieu of natural vision to per-
form an approach or landing, determine en-
United States air carrier means a cit-
hanced flight visibility, identify required
izen of the United States who under- visual references, or conduct a rollout.
takes directly by lease, or other ar- Enhanced flight vision system (EFVS) means
rangement, to engage in air transpor- an installed aircraft system which uses an
tation. electronic means to provide a display of the
Unmanned aircraft means an aircraft forward external scene topography (the nat-
operated without the possibility of di- ural or manmade features of a place or re-
rect human intervention from within gion especially in a way to show their rel-
ative positions and elevation) through the
or on the aircraft.
use of imaging sensors, including but not
VFR over-the-top, with respect to the limited to forward-looking infrared, milli-
operation of aircraft, means the oper- meter wave radiometry, millimeter wave
ation of an aircraft over-the-top under radar, or low-light level image intensifica-
VFR when it is not being operated on tion. An EFVS includes the display element,
an IFR flight plan. sensors, computers and power supplies, indi-
Warning area. A warning area is air- cations, and controls.
space of defined dimensions, extending
from 3 nautical miles outward from the * * * * *
coast of the United States, that con-
tains activity that may be hazardous § 1.2 Abbreviations and symbols.
to nonparticipating aircraft. The pur- In Subchapters A through K of this
pose of such warning areas is to warn chapter:
nonparticipating pilots of the potential AFM means airplane flight manual.
danger. A warning area may be located AGL means above ground level.
over domestic or international waters ALS means approach light system.
or both. APU means auxiliary power unit.
Weight-shift-control aircraft means a ASR means airport surveillance
powered aircraft with a framed piv- radar.

oting wing and a fuselage controllable ATC means air traffic control.
only in pitch and roll by the pilot’s ATS means Air Traffic Service.
18
CAMP means continuous airworthi- MALSR means medium intensity ap-

ness maintenance program. proach light system with runway align-
CAS means calibrated airspeed. ment indicator lights.
CAT II means Category II. MCA means minimum crossing alti-
CHDO means an FAA Flight Stand- tude.
ards certificate holding district office. MDA means minimum descent alti-
CMP means configuration, mainte- tude.
nance, and procedures. MEA means minimum en route IFR
CONSOL or CONSOLAN means a kind altitude.
of low or medium frequency long range MEL means minimum equipment
navigational aid. list.
DH means decision height. MM means ILS middle marker.
DME means distance measuring MOCA means minimum obstruction
equipment compatible with TACAN. clearance altitude.
EAS means equivalent airspeed. MRA means minimum reception alti-
EFVS means enhanced flight vision tude.
system. MSL means mean sea level.
Equi-Time Point means a point on the NDB (ADF) means nondirectional
route of flight where the flight time, beacon (automatic direction finder).
considering wind, to each of two se- NM means nautical mile.
lected airports is equal. NOPAC means North Pacific area of
ETOPS means extended operations. operation.
EWIS, as defined by § 25.1701 of this NOPT means no procedure turn re-
chapter, means electrical wiring inter- quired.
connection system. OEI means one engine inoperative.
FAA means Federal Aviation Admin- OM means ILS outer marker.
istration. OPSPECS means operations specifica-
tions.
FFS means full flight simulator.
PACOTS means Pacific Organized
FM means fan marker.
Track System.
FSTD means flight simulation train-
PAR means precision approach radar.
ing device.
PMA means parts manufacturer ap-
FTD means flight training device. proval.
GS means glide slope. POC means portable oxygen concen-
HIRL means high-intensity runway trator.
light system. PTRS means Performance Tracking
IAS means indicated airspeed. and Reporting System.
ICAO means International Civil Avia- RAIL means runway alignment indi-
tion Organization. cator light system.
IFR means instrument flight rules. RBN means radio beacon.
IFSD means in-flight shutdown. RCLM means runway centerline
ILS means instrument landing sys- marking.
tem. RCLS means runway centerline light
IM means ILS inner marker. system.
INT means intersection. REIL means runway end identifica-
LDA means localizer-type directional tion lights.
aid. RFFS means rescue and firefighting
LFR means low-frequency radio services.
range. RNAV means area navigation.
LMM means compass locator at mid- RR means low or medium frequency
dle marker. radio range station.
LOC means ILS localizer. RVR means runway visual range as
LOM means compass locator at outer measured in the touchdown zone area.
marker. SALS means short approach light sys-
M means mach number. tem.
MAA means maximum authorized SATCOM means satellite communica-
IFR altitude. tions.

MALS means medium intensity ap- SSALS means simplified short ap-
proach light system. proach light system.
19
§ 1.3 14 CFR Ch. I (1–1–17 Edition)
SSALSR means simplified short ap- VSR1 means reference stall speed in a
proach light system with runway align- specific configuration.
ment indicator lights. VSW means speed at which onset of
TACAN means ultra-high frequency natural or artificial stall warning oc-
tactical air navigational aid. curs.
TAS means true airspeed. VTOSS means takeoff safety speed for
TCAS means a traffic alert and colli- Category A rotorcraft.
sion avoidance system. VX means speed for best angle of
TDZL means touchdown zone lights. climb.
TSO means technical standard order. VY means speed for best rate of
TVOR means very high frequency ter- climb.
minal omnirange station. V1 means the maximum speed in the
VA means design maneuvering takeoff at which the pilot must take
speed. the first action (e.g., apply brakes, re-
VB means design speed for maximum duce thrust, deploy speed brakes) to
gust intensity. stop the airplane within the accelerate-
VC means design cruising speed. stop distance. V1 also means the min-
VD means design diving speed. imum speed in the takeoff, following a
VDF/MDF means demonstrated flight failure of the critical engine at VEF, at
diving speed. which the pilot can continue the take-
VEF means the speed at which the off and achieve the required height
critical engine is assumed to fail dur- above the takeoff surface within the
ing takeoff. takeoff distance.
VF means design flap speed. V2 means takeoff safety speed.
VFC/MFC means maximum speed for V2min means minimum takeoff safety
stability characteristics. speed.
VFE means maximum flap extended VFR means visual flight rules.
speed. VHF means very high frequency.
VFTO means final takeoff speed. VOR means very high frequency om-
VH means maximum speed in level nirange station.
flight with maximum continuous VORTAC means collocated VOR and
power. TACAN.
VLE means maximum landing gear [Doc. No. 1150, 27 FR 4590, May 15, 1962]
extended speed. EDITORIAL NOTE: For FEDERAL REGISTER ci-
VLO means maximum landing gear tations affecting § 1.2, see the List of CFR
operating speed. Sections Affected, which appears in the
VLOF means lift-off speed. Finding Aids section of the printed volume
VMC means minimum control speed and at www.fdsys.gov.
with the critical engine inoperative. EFFECTIVE DATE NOTE: At 81 FR 90169, Dec.
VMO/MMO means maximum operating 13, 2016, § 1.2 was amended by adding the ab-
limit speed. breviation ‘‘VGSI’’, effective Mar. 13, 2017.
VMU means minimum unstick speed. For the convenience of the user, the added
VNE means never-exceed speed. text is set forth as follows:
VNO means maximum structural § 1.2 Abbreviations and symbols.
cruising speed.
VR means rotation speed.
* * * * *
VREF means reference landing speed.
VS means the stalling speed or the VGSI means visual glide slope indicator.
minimum steady flight speed at which
the airplane is controllable. * * * * *
VS0 means the stalling speed or the
minimum steady flight speed in the § 1.3 Rules of construction.
landing configuration. (a) In Subchapters A through K of
VS1 means the stalling speed or the this chapter, unless the context re-
minimum steady flight speed obtained quires otherwise:
in a specific configuration. (1) Words importing the singular in-
VSR means reference stall speed. clude the plural;

VSRO means reference stall speed in (2) Words importing the plural in-
the landing configuration. clude the singular; and
20
(3) Words importing the masculine separate from, attached to or inscribed

gender include the feminine. on any product, part, appliance or ma-
(b) In Subchapters A through K of terial.
this chapter, the word: (b) Prohibition against fraudulent and
(1) Shall is used in an imperative intentionally false statements. When con-
sense; veying information related to an adver-
(2) May is used in a permissive sense tisement or sales transaction, no per-
to state authority or permission to do
son may make or cause to be made:
the act prescribed, and the words ‘‘no
person may * * *’’ or ‘‘a person may (1) Any fraudulent or intentionally
not * * *’’ mean that no person is re- false statement in any record about the
quired, authorized, or permitted to do airworthiness of a type-certificated
the act prescribed; and product, or the acceptability of any
(3) Includes means ‘‘includes but is product, part, appliance, or material
not limited to’’. for installation on a type-certificated
product.
[Doc. No. 1150, 27 FR 4590, May 15, 1962, as
amended by Amdt. 1–10, 31 FR 5055, Mar. 29, (2) Any fraudulent or intentionally
1966] false reproduction or alteration of any
record about the airworthiness of any
PART 3—GENERAL REQUIREMENTS type-certificated product, or the ac-
ceptability of any product, part, appli-
Sec. ance, or material for installation on a
3.1 Applicability. type-certificated product.
3.5 Statements about products, parts, appli- (c) Prohibition against intentionally
ances and materials.
misleading statements. (1) When con-
AUTHORITY: 49 U.S.C. 106(g), 40113, 44701, veying information related to an adver-
and 44704. tisement or sales transaction, no per-
SOURCE: 70 FR 54832, Sept. 16, 2005, unless son may make, or cause to be made, a
otherwise noted. material representation that a type-
certificated product is airworthy, or
§ 3.1 Applicability.
that a product, part, appliance, or ma-
(a) This part applies to any person terial is acceptable for installation on
who makes a record regarding: a type-certificated product in any
(1) A type-certificated product, or record if that representation is likely
(2) A product, part, appliance or ma-
to mislead a consumer acting reason-
terial that may be used on a type-cer-
tificated product. ably under the circumstances.
(b) Section 3.5(b) does not apply to (2) When conveying information re-
records made under part 43 of this lated to an advertisement or sales
chapter. transaction, no person may make, or
cause to be made, through the omission
§ 3.5 Statements about products, parts, of material information, a representa-
appliances and materials. tion that a type-certificated product is
(a) Definitions. The following terms airworthy, or that a product, part, ap-
will have the stated meanings when pliance, or material is acceptable for
used in this section: installation on a type-certificated
Airworthy means the aircraft con- product in any record if that represen-
forms to its type design and is in a con- tation is likely to mislead a consumer
dition for safe operation. acting reasonably under the cir-
Product means an aircraft, aircraft cumstances.
engine, or aircraft propeller. (d) The provisions of § 3.5(b) and
Record means any writing, drawing,
§ 3.5(c) shall not apply if a person can
map, recording, tape, film, photograph
show that the product is airworthy or
or other documentary material by
that the product, part, appliance or
which information is preserved or con-
veyed in any format, including, but not material is acceptable for installation
limited to, paper, microfilm, identifica- on a type-certificated product.

tion plates, stamped marks, bar codes
or electronic format, and can either be
21
Pt. 5 14 CFR Ch. I (1–1–17 Edition)
PART 5—SAFETY MANAGEMENT September 9, 2015. The implementation

SYSTEMS plan must be approved no later than
March 9, 2016.
Subpart A—General (c) The implementation plan may in-
clude any of the certificate holder’s ex-
Sec. isting programs, policies, or procedures
5.1 Applicability. that it intends to use to meet the re-
5.3 General requirements.
quirements of this part, including com-
5.5 Definitions.
ponents of an existing SMS.
Subpart B—Safety Policy [80 FR 1326, Jan. 8, 2015, as amended at 80 FR
1584, Jan. 13, 2015]
5.21 Safety policy.
5.23 Safety accountability and authority.
5.25 Designation and responsibilities of re- § 5.3 General requirements.
quired safety management personnel. (a) Any certificate holder required to
5.27 Coordination of emergency response have a Safety Management System
planning. under this part must submit the Safety
Subpart C—Safety Risk Management Management System to the Adminis-
trator for acceptance. The SMS must
5.51 Applicability. be appropriate to the size, scope, and
5.53 System analysis and hazard identifica- complexity of the certificate holder’s
tion. operation and include at least the fol-
5.55 Safety risk assessment and control.
lowing components:
Subpart D—Safety Assurance (1) Safety policy in accordance with
the requirements of subpart B of this
5.71 Safety performance monitoring and part;
measurement. (2) Safety risk management in ac-
5.73 Safety performance assessment. cordance with the requirements of sub-
5.75 Continuous improvement.
part C of this part;
Subpart E—Safety Promotion (3) Safety assurance in accordance
with the requirements of subpart D of
5.91 Competencies and training. this part; and
5.93 Safety communication. (4) Safety promotion in accordance
Subpart F—SMS Documentation and with the requirements of subpart E of
Recordkeeping this part.
(b) The Safety Management System
5.95 SMS documentation. must be maintained in accordance with
5.97 SMS records. the recordkeeping requirements in sub-
AUTHORITY: Pub. L. 111–216, sec. 215 (Aug. 1, part F of this part.
2010); 49 U.S.C. 106(f), 106(g), 40101, 40113, (c) The Safety Management System
40119, 41706, 44101, 44701–44702, 44705, 44709– must ensure compliance with the rel-
44711, 44713, 44716–44717, 44722, 46105. evant regulatory standards in chapter I
SOURCE: 80 FR 1326, Jan. 8, 2015, unless oth- of Title 14 of the Code of Federal Regu-
erwise noted. lations.
Subpart A—General § 5.5 Definitions.

Hazard means a condition that could
§ 5.1 Applicability. foreseeably cause or contribute to an
(a) A certificate holder under part 119 aircraft accident as defined in 49 CFR
of this chapter authorized to conduct 830.2.
operations in accordance with the re- Risk means the composite of pre-
quirements of part 121 of this chapter dicted severity and likelihood of the
must have a Safety Management Sys- potential effect of a hazard.
tem that meets the requirements of Risk control means a means to reduce
this part and is acceptable to the Ad- or eliminate the effects of hazards.
ministrator by March 9, 2018. Safety assurance means processes
(b) A certificate holder must submit within the SMS that function system-
an implementation plan to the FAA atically to ensure the performance and
Administrator for review no later than effectiveness of safety risk controls
22
and that the organization meets or ex- (b) The safety policy must be signed
ceeds its safety objectives through the by the accountable executive described
collection, analysis, and assessment of in § 5.25.
information. (c) The safety policy must be docu-
Safety Management System (SMS) mented and communicated throughout
means the formal, top-down, organiza- the certificate holder’s organization.
tion-wide approach to managing safety (d) The safety policy must be regu-
risk and assuring the effectiveness of larly reviewed by the accountable exec-
safety risk controls. It includes sys- utive to ensure it remains relevant and
tematic procedures, practices, and poli- appropriate to the certificate holder.
cies for the management of safety risk.
Safety objective means a measurable § 5.23 Safety accountability and au-
goal or desirable outcome related to thority.
safety. (a) The certificate holder must define
Safety performance means realized or accountability for safety within the or-
actual safety accomplishment relative ganization’s safety policy for the fol-
to the organization’s safety objectives. lowing individuals:
Safety policy means the certificate (1) Accountable executive, as de-
holder’s documented commitment to scribed in § 5.25.
safety, which defines its safety objec-
(2) All members of management in
tives and the accountabilities and re-
regard to developing, implementing,
sponsibilities of its employees in re-
and maintaining SMS processes within
gards to safety.
their area of responsibility, including,
Safety promotion means a combina-
but not limited to:
tion of training and communication of
safety information to support the im- (i) Hazard identification and safety
plementation and operation of an SMS risk assessment.
in an organization. (ii) Assuring the effectiveness of safe-
Safety Risk Management means a proc- ty risk controls.
ess within the SMS composed of de- (iii) Promoting safety as required in
scribing the system, identifying the subpart E of this part.
hazards, and analyzing, assessing and (iv) Advising the accountable execu-
controlling risk. tive on the performance of the SMS
and on any need for improvement.
Subpart B—Safety Policy (3) Employees relative to the certifi-
cate holder’s safety performance.
§ 5.21 Safety policy. (b) The certificate holder must iden-
(a) The certificate holder must have tify the levels of management with the
a safety policy that includes at least authority to make decisions regarding
the following: safety risk acceptance.
(1) The safety objectives of the cer-
§ 5.25 Designation and responsibilities
tificate holder. of required safety management per-
(2) A commitment of the certificate sonnel.
holder to fulfill the organization’s safe-
ty objectives. (a) Designation of the accountable exec-
(3) A clear statement about the pro- utive. The certificate holder must iden-
vision of the necessary resources for tify an accountable executive who, ir-
the implementation of the SMS. respective of other functions, satisfies
(4) A safety reporting policy that de- the following:
fines requirements for employee re- (1) Is the final authority over oper-
porting of safety hazards or issues. ations authorized to be conducted
(5) A policy that defines unacceptable under the certificate holder’s certifi-
behavior and conditions for discipli- cate(s).
nary action. (2) Controls the financial resources
(6) An emergency response plan that required for the operations to be con-
provides for the safe transition from ducted under the certificate holder’s
normal to emergency operations in ac- certificate(s).

cordance with the requirements of (3) Controls the human resources re-
§ 5.27. quired for the operations authorized to
23
§ 5.27 14 CFR Ch. I (1–1–17 Edition)
be conducted under the certificate (a) Delegation of emergency author-

holder’s certificate(s). ity throughout the certificate holder’s
(4) Retains ultimate responsibility organization;
for the safety performance of the oper- (b) Assignment of employee respon-
ations conducted under the certificate sibilities during the emergency; and
holder’s certificate. (c) Coordination of the certificate
(b) Responsibilities of the accountable holder’s emergency response plans with
executive. The accountable executive the emergency response plans of other
must accomplish the following: organizations it must interface with
(1) Ensure that the SMS is properly during the provision of its services.
implemented and performing in all
areas of the certificate holder’s organi- Subpart C—Safety Risk
zation. Management
(2) Develop and sign the safety policy
of the certificate holder. § 5.51 Applicability.
(3) Communicate the safety policy A certificate holder must apply safe-
throughout the certificate holder’s or- ty risk management to the following:
ganization. (a) Implementation of new systems.
(4) Regularly review the certificate (b) Revision of existing systems.
holder’s safety policy to ensure it re- (c) Development of operational proce-
mains relevant and appropriate to the dures.
certificate holder. (d) Identification of hazards or inef-
(5) Regularly review the safety per- fective risk controls through the safety
formance of the certificate holder’s or- assurance processes in subpart D of
ganization and direct actions necessary this part.
to address substandard safety perform-
ance in accordance with § 5.75. § 5.53 System analysis and hazard
(c) Designation of management per- identification.
sonnel. The accountable executive must (a) When applying safety risk man-
designate sufficient management per- agement, the certificate holder must
sonnel who, on behalf of the account- analyze the systems identified in § 5.51.
able executive, are responsible for the Those system analyses must be used to
following: identify hazards under paragraph (c) of
(1) Coordinate implementation, this section, and in developing and im-
maintenance, and integration of the plementing risk controls related to the
SMS throughout the certificate hold- system under § 5.55(c).
er’s organization. (b) In conducting the system anal-
(2) Facilitate hazard identification ysis, the following information must be
and safety risk analysis. considered:
(3) Monitor the effectiveness of safe- (1) Function and purpose of the sys-
ty risk controls. tem.
(4) Ensure safety promotion through- (2) The system’s operating environ-
out the certificate holder’s organiza- ment.
tion as required in subpart E of this (3) An outline of the system’s proc-
part. esses and procedures.
(5) Regularly report to the account- (4) The personnel, equipment, and fa-
able executive on the performance of cilities necessary for operation of the
the SMS and on any need for improve- system.
ment. (c) The certificate holder must de-
velop and maintain processes to iden-
§ 5.27 Coordination of emergency re- tify hazards within the context of the
sponse planning. system analysis.
Where emergency response proce-
dures are necessary, the certificate § 5.55 Safety risk assessment and con-
holder must develop and the account- trol.
able executive must approve as part of (a) The certificate holder must de-
the safety policy, an emergency re- velop and maintain processes to ana-
sponse plan that addresses at least the lyze safety risk associated with the
following: hazards identified in § 5.53(c).
24
(b) The certificate holder must define § 5.73 Safety performance assessment.
a process for conducting risk assess-
(a) The certificate holder must con-
ment that allows for the determination
duct assessments of its safety perform-
of acceptable safety risk. ance against its safety objectives,
(c) The certificate holder must de- which include reviews by the account-
velop and maintain processes to de- able executive, to:
velop safety risk controls that are nec- (1) Ensure compliance with the safety
essary as a result of the safety risk as- risk controls established by the certifi-
sessment process under paragraph (b) cate holder.
of this section. (2) Evaluate the performance of the
(d) The certificate holder must evalu- SMS.
ate whether the risk will be acceptable (3) Evaluate the effectiveness of the
with the proposed safety risk control safety risk controls established under
applied, before the safety risk control § 5.55(c) and identify any ineffective
is implemented. controls.
(4) Identify changes in the oper-
Subpart D—Safety Assurance ational environment that may intro-
duce new hazards.
§ 5.71 Safety performance monitoring (5) Identify new hazards.
and measurement. (b) Upon completion of the assess-
(a) The certificate holder must de- ment, if ineffective controls or new
velop and maintain processes and sys- hazards are identified under paragraphs
tems to acquire data with respect to its (a)(2) through (5) of this section, the
operations, products, and services to certificate holder must use the safety
monitor the safety performance of the risk management process described in
organization. These processes and sys- subpart C of this part.
tems must include, at a minimum, the
following: § 5.75 Continuous improvement.
(1) Monitoring of operational proc- The certificate holder must establish
esses. and implement processes to correct
(2) Monitoring of the operational en- safety performance deficiencies identi-
vironment to detect changes. fied in the assessments conducted
(3) Auditing of operational processes under § 5.73.
and systems.
(4) Evaluations of the SMS and oper- Subpart E—Safety Promotion
ational processes and systems.
(5) Investigations of incidents and ac- § 5.91 Competencies and training.
cidents. The certificate holder must provide
(6) Investigations of reports regard- training to each individual identified
ing potential non-compliance with reg- in § 5.23 to ensure the individuals attain
ulatory standards or other safety risk and maintain the competencies nec-
controls established by the certificate essary to perform their duties relevant
holder through the safety risk manage- to the operation and performance of
ment process established in subpart B the SMS.
of this part.
(7) A confidential employee reporting § 5.93 Safety communication.
system in which employees can report The certificate holder must develop
hazards, issues, concerns, occurrences, and maintain means for commu-
incidents, as well as propose solutions nicating safety information that, at a
and safety improvements. minimum:
(b) The certificate holder must de- (a) Ensures that employees are aware
velop and maintain processes that ana- of the SMS policies, processes, and
lyze the data acquired through the tools that are relevant to their respon-
processes and systems identified under sibilities.
paragraph (a) of this section and any (b) Conveys hazard information rel-
other relevant data with respect to its evant to the employee’s responsibil-
operations, products, and services. ities.
25
§ 5.95 14 CFR Ch. I (1–1–17 Edition)
(c) Explains why safety actions have management processes as described in

been taken. subpart C of this part. Such records
(d) Explains why safety procedures must be retained for as long as the con-
are introduced or changed. trol remains relevant to the operation.
(b) The certificate holder must main-
Subpart F—SMS Documentation tain records of outputs of safety assur-
ance processes as described in subpart
and Recordkeeping D of this part. Such records must be re-
§ 5.95 SMS documentation. tained for a minimum of 5 years.
(c) The certificate holder must main-
The certificate holder must develop tain a record of all training provided
and maintain SMS documentation that under § 5.91 for each individual. Such
describes the certificate holder’s: records must be retained for as long as
(a) Safety policy. the individual is employed by the cer-
(b) SMS processes and procedures. tificate holder.
(d) The certificate holder must retain
§ 5.97 SMS records. records of all communications provided
(a) The certificate holder must main- under § 5.93 for a minimum of 24 con-
tain records of outputs of safety risk secutive calendar months.
26
SUBCHAPTER B—PROCEDURAL RULES
PART 11—GENERAL RULEMAKING PUBLIC MEETINGS AND OTHER PROCEEDINGS

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

11.1 To what does this part apply? EXEMPTIONS
11.61 May I ask FAA to adopt, amend, or re-
DEFINITION OF TERMS peal a regulation, or grant relief from
11.3 What is an advance notice of proposed the requirements of a current regula-
rulemaking? tion?
11.5 What is a notice of proposed rule- 11.63 How and to whom do I submit my peti-
making? tion for rulemaking or petition for ex-
11.7 What is a supplemental notice of pro- emption?
posed rulemaking? 11.71 What information must I include in
11.9 What is a final rule? my petition for rulemaking?
11.11 What is a final rule with request for 11.73 How does FAA process petitions for
comments? rulemaking?
11.13 What is a direct final rule? 11.75 Does FAA invite public comment on
11.15 What is a petition for exemption? petitions for rulemaking?
11.17 What is a petition for rulemaking? 11.77 Is there any additional information I
11.19 What is a special condition? must include in my petition for desig-
nating airspace?
GENERAL 11.81 What information must I include in
11.21 What are the most common kinds of my petition for an exemption?
rulemaking actions for which FAA fol- 11.83 How can I operate under an exemption
outside the United States?
lows the Administrative Procedure Act?
11.85 Does FAA invite public comment on
11.23 Does FAA follow the same procedures
petitions for exemption?
in issuing all types of rules?
11.87 Are there circumstances in which FAA
11.25 How does FAA issue rules?
11.27 Are there other ways FAA collects may decide not to publish a summary of
specific rulemaking recommendations my petition for exemption?
11.89 How much time do I have to submit
before we issue an NPRM?
11.29 May FAA change its regulations with- comments to FAA on a petition for ex-
out first issuing an ANPRM or NPRM? emption?
11.31 How does FAA process direct final 11.91 How does FAA inform me of its deci-
rules? sion on my petition for exemption?
11.33 How can I track FAA’s rulemaking ac- 11.101 May I ask FAA to reconsider my peti-
tivities? tion for rulemaking or petition for ex-
11.35 Does FAA include sensitive security emption if it is denied?
information and proprietary information 11.103 What exemption relief may be avail-
in the Federal Docket Management Sys- able to federal, state, and local govern-
tem (FDMS)? ments when operating aircraft that are
11.37 Where can I find information about an not public aircraft?
Airworthiness Directive, an airspace des-
ignation, or a petition handled in a re- Subpart B—Paperwork Reduction Act
gion? Control Numbers
11.38 What public comment procedures does
11.201 Office of Management and Budget
FAA follow for Special Conditions?
(OMB) control numbers assigned under
11.39 How may I participate in FAA’s rule-
the Paperwork Reduction Act.
making process?
11.40 Can I get more information about a APPENDIX 1 TO PART 11—ORAL COMMUNICA-
rulemaking? TIONS WITH THE PUBLIC DURING RULE-
MAKING
WRITTEN COMMENTS
AUTHORITY: 49 U.S.C. 106(f), 106(g), 40101,
11.41 Who may file comments? 40103, 40105, 40109, 40113, 44110, 44502, 44701–
11.43 What information must I put in my 44702, 44711, and 46102.
written comments?
SOURCE: Docket No. FAA–1999–6622, 65 FR
11.45 Where and when do I file my com-

50863, Aug. 21, 2000, unless otherwise noted.
ments?
11.47 May I ask for more time to file my EDITORIAL NOTE: Nomenclature changes to
comments? part 11 appear at 61 FR 18052, April 24, 1996.
27
§ 11.1 14 CFR Ch. I (1–1–17 Edition)
Subpart A—Rulemaking § 11.11 What is a final rule with re-

Procedures quest for comments?
A final rule with request for com-
§ 11.1 To what does this part apply? ment is a rule that the FAA issues in
This part applies to the issuance, final (with an effective date) that in-
amendment, and repeal of any regula- vites public comment on the rule. We
tion for which FAA (‘‘we’’) follows pub- usually do this when we have not first
issued an ANPRM or NPRM, because
lic rulemaking procedures under the
we have found that doing so would be
Administrative Procedure Act (‘‘APA’’)
impracticable, unnecessary, or con-
(5 U.S.C. 553).
trary to the public interest. We give
DEFINITION OF TERMS our reasons for our determination in
the preamble. The comment period
§ 11.3 What is an advance notice of often ends after the effective date of
proposed rulemaking? the rule. A final rule not preceded by
an ANPRM or NPRM is commonly
An advance notice of proposed rule- called an ‘‘immediately adopted final
making (ANPRM) tells the public that rule.’’ We invite comments on these
FAA is considering an area for rule- rules only if we think that we will re-
making and requests written com- ceive useful information. For example,
ments on the appropriate scope of the we would not invite comments when we
rulemaking or on specific topics. An are just making an editorial clarifica-
advance notice of proposed rulemaking tion or correction.
may or may not include the text of po-
tential changes to a regulation. § 11.13 What is a direct final rule?
A direct final rule is a type of final
§ 11.5 What is a notice of proposed rule with request for comments. Our
rulemaking? reason for issuing a direct final rule
A notice of proposed rulemaking without an NPRM is that we would not
(NPRM) proposes FAA’s specific regu- expect to receive any adverse com-
latory changes for public comment and ments, and so an NPRM is unnecessary.
contains supporting information. It in- However, to be certain that we are cor-
cludes proposed regulatory text. rect, we set the comment period to end
before the effective date. If we receive
§ 11.7 What is a supplemental notice of an adverse comment or notice of intent
proposed rulemaking? to file an adverse comment, we then
withdraw the final rule before it be-
On occasion, FAA may decide that it
comes effective and may issue an
needs more information on an issue, or
NPRM.
that we should take a different ap-
proach than we proposed. Also, we may § 11.15 What is a petition for exemp-
want to follow a commenter’s sugges- tion?
tion that goes beyond the scope of the A petition for exemption is a request
original proposed rule. In these cases, to FAA by an individual or entity ask-
FAA may issue a supplemental notice ing for relief from the requirements of
of proposed rulemaking (SNPRM) to a current regulation.
give the public an opportunity to com-
ment further or to give us more infor- § 11.17 What is a petition for rule-
mation. making?
A petition for rulemaking is a re-
§ 11.9 What is a final rule? quest to FAA by an individual or enti-
A final rule sets out new or revised ty asking the FAA to adopt, amend, or
requirements and their effective date. repeal a regulation.
It also may remove requirements.
When preceded by an NPRM, a final § 11.19 What is a special condition?
rule will also identify significant sub- A special condition is a regulation
stantive issues raised by commenters that applies to a particular aircraft de-

in response to the NPRM and will give sign. The FAA issues special conditions
the agency’s response. when we find that the airworthiness
28
regulations for an aircraft, aircraft en- (b) Each of the rulemaking docu-
gine, or propeller design do not contain ments in paragraph (a) of this section
adequate or appropriate safety stand- generally contains the following infor-
ards, because of a novel or unusual de- mation:
sign feature. (1) The topic involved in the rule-
making document.
GENERAL
(2) FAA’s legal authority for issuing
§ 11.21 What are the most common the rulemaking document.
kinds of rulemaking actions for (3) How interested persons may par-
which FAA follows the Administra- ticipate in the rulemaking proceeding
tive Procedure Act? (for example, by filing written com-
FAA follows the Administrative Pro- ments or making oral presentations at
cedure Act (APA) procedures for these a public meeting).
common types of rules: (4) Whom to call if you have ques-
(a) Rules found in the Code of Federal tions about the rulemaking document.
Regulations; (5) The date, time, and place of any
(b) Airworthiness directives issued public meetings FAA will hold to dis-
under part 39 of this chapter; and cuss the rulemaking document.
(c) Airspace Designations issued (6) The docket number and regulation
under various parts of this chapter. identifier number (RIN) for the rule-
making proceeding.
§ 11.23 Does FAA follow the same pro-
cedures in issuing all types of [Doc. No. 1999–6622, 65 FR 50863, Aug. 21, 2000,
rules? as amended at 72 FR 68474, Dec. 5, 2007]
Yes, in general, FAA follows the
same procedures for all rule types. § 11.27 Are there other ways FAA col-
There are some differences as to which lects specific rulemaking rec-
ommendations before we issue an
FAA official has authority to issue NPRM?
each type, and where you send peti-
tions for FAA to adopt, amend, or re- Yes, the FAA obtains advice and rec-
peal each type. Assume that the proce- ommendations from rulemaking advi-
dures in this subpart apply to all rules, sory committees. One of these commit-
except where we specify otherwise. tees is the Aviation Rulemaking Advi-
sory Committee (ARAC), which is a
§ 11.25 How does FAA issue rules? formal standing committee comprised
(a) The FAA uses APA rulemaking of representatives of aviation associa-
procedures to adopt, amend, or repeal tions and industry, consumer groups,
regulations. To propose or adopt a new and interested individuals. In con-
regulation, or to change a current reg- ducting its activities, ARAC complies
ulation, FAA will issue one or more of with the Federal Advisory Committee
the following documents. We publish Act and the direction of FAA. We task
these rulemaking documents in the ARAC with providing us with rec-
FEDERAL REGISTER unless we name and ommended rulemaking actions dealing
personally serve a copy of a rule on with specific areas and problems. If we
every person subject to it. We also accept an ARAC recommendation to
make all documents available to the change an FAA rule, we ordinarily pub-
public by posting them in the Federal lish an NPRM using the procedures in
Docket Management System at http:// this part. The FAA may establish other
www.regulations.gov. rulemaking advisory committees as
(1) An advance notice of proposed needed to focus on specific issues for a
rulemaking (ANPRM). limited period of time.
(2) A notice of proposed rulemaking
(NPRM). § 11.29 May FAA change its regulations
(3) A supplemental notice of proposed without first issuing an ANPRM or
NPRM?
rulemaking (SNPRM).
(4) A final rule. The FAA normally adds or changes a
(5) A final rule with request for com- regulation by issuing a final rule after
ments. an NPRM. However, FAA may adopt,
(6) A direct final rule. amend, or repeal regulations without
29
§ 11.31 14 CFR Ch. I (1–1–17 Edition)
first issuing an ANPRM or NPRM in comment, we may incorporate the

the following situations: commenter’s recommendation into an-
(a) We may issue a final rule without other direct final rule or may publish a
first requesting public comment if, for notice of proposed rulemaking.
good cause, we find that an NPRM is
impracticable, unnecessary, or con- § 11.33 How can I track FAA’s rule-
trary to the public interest. We place making activities?
that finding and a brief statement of The best ways to track FAA’s rule-
the reasons for it in the final rule. For making activities are with the docket
example, we may issue a final rule in number or the regulation identifier
response to a safety emergency. number.
(b) If an NPRM would be unnecessary (a) Docket ID. We assign a docket ID
because we do not expect to receive ad- to each rulemaking document pro-
verse comment, we may issue a direct ceeding. Each rulemaking document
final rule. FAA issues in a particular rulemaking
§ 11.31 How does FAA process direct proceeding, as well as public comments
final rules? on the proceeding, will display the
same docket ID. This ID allows you to
(a) A direct final rule will take effect search the Federal Docket Manage-
on a specified date unless FAA receives ment System (FDMS) for information
an adverse comment or notice of intent
on most rulemaking proceedings. You
to file an adverse comment within the
can view and copy docket materials
comment period—generally 60 days
during regular business hours at the
after the direct final rule is published
U.S. Department of Transportation,
in the FEDERAL REGISTER. An adverse
Docket Operations, West Building
comment explains why a rule would be
Ground Floor, Room W12–140, 1200 New
inappropriate, or would be ineffective
Jersey Avenue, SE., Washington, DC
or unacceptable without a change. It
20590. Or you can view and download
may challenge the rule’s underlying
docketed materials through the Inter-
premise or approach. Under the direct
net at http://www.regulations.gov. If you
final rule process, we do not consider
can’t find the material in the elec-
the following types of comments to be
tronic docket, contact the person listed
adverse:
under FOR FURTHER INFORMATION
(1) A comment recommending an-
CONTACT in the document you are in-
other rule change, in addition to the
terested in.
change in the direct final rule at issue.
We consider the comment adverse, (b) Regulation identifier number. DOT
however, if the commenter states why publishes a semiannual agenda of all
the direct final rule would be ineffec- current and projected DOT
tive without the change. rulemakings, reviews of existing regu-
(2) A frivolous or insubstantial com- lations, and completed actions. This
ment. semiannual agenda appears in the Uni-
(b) If FAA has not received an ad- fied Agenda of Federal Regulations,
verse comment or notice of intent to published in the FEDERAL REGISTER in
file an adverse comment, we will pub- April and October of each year. The
lish a confirmation document in the semiannual agenda tells the public
FEDERAL REGISTER, generally within 15 about DOT’s—including FAA’s—regu-
days after the comment period closes. latory activities. DOT assigns a regula-
The confirmation document tells the tion identifier number (RIN) to each
public the effective date of the rule. individual rulemaking proceeding in
(c) If we receive an adverse comment the semiannual agenda. This number
or notice of intent to file an adverse appears on all rulemaking documents
comment, we will advise the public by published in the FEDERAL REGISTER
publishing a document in the FEDERAL and makes it easy for you to track
REGISTER before the effective date of those rulemaking proceedings in both
the direct final rule. This document the FEDERAL REGISTER and the semi-
may withdraw the direct final rule in annual regulatory agenda.

whole or in part. If we withdraw a di- [Doc. No. 1999–6622, 65 FR 50863, Aug. 21, 2000,
rect final rule because of an adverse as amended at 72 FR 68474, Dec. 5, 2007]
30
§ 11.35 Does FAA include sensitive se- following circumstances we may not
curity information and proprietary invite comment before we issue a spe-
information in the Federal Docket cial condition. If we don’t, we will in-
Management System (FDMS)? vite comment when we publish the
(a) Sensitive security information. You final special condition.
should not submit sensitive security (a) The FAA considers prior notice to
information to the rulemaking docket, be impracticable if issuing a design ap-
unless you are invited to do so in our proval would significantly delay deliv-
request for comments. If we ask for ery of the affected aircraft. We con-
this information, we will tell you in sider such a delay to be contrary to the
the specific document how to submit public interest.
this information, and we will provide a
(b) The FAA considers prior notice to
separate non-public docket for it. For
be unnecessary if we have provided pre-
all proposed rule changes involving
civil aviation security, we review com- vious opportunities to comment on
ments as we receive them, before they substantially identical proposed spe-
are placed in the docket. If we find that cial conditions, and we are satisfied
a comment contains sensitive security that new comments are unlikely.
information, we remove that informa-
tion before placing the comment in the § 11.39 How may I participate in FAA’s
rulemaking process?
general docket.
(b) Proprietary information. When we You may participate in FAA’s rule-
are aware of proprietary information making process by doing any of the fol-
filed with a comment, we do not place lowing:
it in the docket. We hold it in a sepa- (a) File written comments on any
rate file to which the public does not rulemaking document that asks for
have access, and place a note in the comments, including an ANPRM,
docket that we have received it. If we NPRM, SNPRM, a final rule with re-
receive a request to examine or copy quest for comments, or a direct final
this information, we treat it as any rule. Follow the directions for com-
other request under the Freedom of In- menting found in each rulemaking doc-
formation Act (5 U.S.C. 552). We proc- ument.
ess such a request under the DOT pro-
(b) Ask that we hold a public meeting
cedures found in 49 CFR part 7.
on any rulemaking, and participate in
[Doc. No. 1999–6622, 65 FR 50863, Aug. 21, 2000, any public meeting that we hold.
as amended at 72 FR 68474, Dec. 5, 2007]
(c) File a petition for rulemaking
§ 11.37 Where can I find information that asks us to adopt, amend, or repeal
about an Airworthiness Directive, a regulation.
an airspace designation, or a peti-
tion handled in a region? § 11.40 Can I get more information
about a rulemaking?
The FAA includes most documents
concerning Airworthiness Directives, You can contact the person listed
airspace designations, or petitions han- under FOR FURTHER INFORMATION
dled in a region in the electronic dock- CONTACT in the preamble of a rule.
et. If the information isn’t in the dock- That person can explain the meaning
et, contact the person listed under FOR and intent of a proposed rule, the tech-
FURTHER INFORMATION CONTACT nical aspects of a document, the termi-
in the FEDERAL REGISTER document nology in a document, and can tell you
about the action. our published schedule for the rule-
making process. We cannot give you in-
§ 11.38 What public comment proce-
dures does the FAA follow for Spe- formation that is not already available
cial Conditions? to other members of the public. De-
Even though the Administrative Pro- partment of Transportation policy on
cedure Act does not require notice and oral communications with the public
comment for rules of particular appli- during rulemaking appears in appendix

cability, FAA does publish proposed 1 of this part.
special conditions for comment. In the
31
§ 11.41 14 CFR Ch. I (1–1–17 Edition)
WRITTEN COMMENTS only if they do not significantly delay

the rulemaking process.
§ 11.41 Who may file comments? (c) We may reject your paper or elec-
Anyone may file written comments tronic comments if they are frivolous,
about proposals and final rules that re- abusive, or repetitious. We may reject
quest public comments. comments you file electronically if you
do not follow the electronic filing in-
§ 11.43 What information must I put in structions at the Federal Docket Man-
my written comments? agement System Web site.
(a) Your written comments must be
[Doc. No. 1999–6622, 65 FR 50863, Aug. 21, 2000,
in English and must contain the fol-
as amended at 72 FR 68474, Dec. 5, 2007]
lowing:
(1) The docket number of the rule- § 11.47 May I ask for more time to file
making document you are commenting my comments?
on, clearly set out at the beginning of
your comments. Yes, if FAA grants your request for
(2) Your name and mailing address, more time to file comments, we grant
and, if you wish, other contact infor- all persons the same amount of time.
mation, such as a fax number, tele- We will notify the public of the exten-
phone number, or e-mail address. sion by a document in the FEDERAL
(3) Your information, views, or argu- REGISTER. If FAA denies your request,
ments, following the instructions for we will notify you of the denial. To ask
participation in the rulemaking docu- for more time, you must file a written
ment on which you are commenting. or electronic request for extension at
(b) You should also include all mate- least 10 days before the end of the com-
rial relevant to any statement of fact ment period. Your letter or message
or argument in your comments, to the must—
extent that the material is available to (a) Show the docket number of the
you and reasonable for you to submit. rule at the top of the first page;
Include a copy of the title page of the (b) State, at the beginning, that you
document. Whether or not you submit are requesting an extension of the com-
a copy of the material to which you ment period;
refer, you should indicate specific (c) Show that you have good cause
places in the material that support for the extension and that an extension
your position. is in the public interest;
(d) Be sent to the address specified
§ 11.45 Where and when do I file my for comments in the rulemaking docu-
comments? ment on which you are commenting.
(a) Send your comments to the loca-
tion specified in the rulemaking docu- PUBLIC MEETINGS AND OTHER
ment on which you are commenting. If PROCEEDINGS
you are asked to send your comments
to the Federal Document Management § 11.51 May I request that FAA hold a
System, you may send them in either public meeting on a rulemaking ac-
of the following ways: tion?
(1) By mail to: U.S. Department of Yes, you may request that we hold a
Transportation, Docket Operations, public meeting. FAA holds a public
West Building Ground Floor, Room meeting when we need more than writ-
W12–140, 1200 New Jersey Avenue, SE., ten comments to make a fully in-
Washington, DC 20590. formed decision. Submit your written
(2) Through the Internet to http:// request to the address specified in the
www.regulations.gov. rulemaking document on which you
(3) In any other manner designated are commenting. Specify at the top of
by FAA. your letter or message that you are re-
(b) Make sure that your comments questing that the agency hold a public
reach us by the deadline set out in the meeting. Submit your request no later
rulemaking document on which you than 30 days after our rulemaking no-
are commenting. We will consider late- tice. If we find good cause for a meet-
filed comments to the extent possible ing, we will notify you and publish a
32
notice of the meeting in the FEDERAL (1) To the appropriate FAA airport
REGISTER. field office in whose area your airport
is, or will be, established; and
§ 11.53 What takes place at a public (2) To the U.S. Department of Trans-
meeting? portation, Docket Operations, West
A public meeting is a non-adver- Building Ground Floor, Room W12–140,
sarial, fact-finding proceeding con- 1200 New Jersey Avenue, SE., Wash-
ducted by an FAA representative. Pub- ington, DC 20590 or by electronic sub-
lic meetings are announced in the FED- mission to this Internet address: http://
ERAL REGISTER. We invite interested www.regulations.gov.
persons to attend and to present their (c) The FAA may designate other
views to the agency on specific issues. means by which you can submit peti-
There are no formal pleadings and no tions in the future.
adverse parties, and any regulation (d) Submit your petition for exemp-
issued afterward is not necessarily tion 120 days before you need the ex-
based exclusively on the record of the emption to take effect.
meeting. [Amdt. 11–50, 69 FR 22386, Apr. 26, 2004, as
amended at 72 FR 68474, Dec. 5, 2007; Amdt.
PETITIONS FOR RULEMAKING AND FOR 11–55, 74 FR 202, Jan. 5, 2009]
EXEMPTION
§ 11.71 What information must I in-
§ 11.61 May I ask FAA to adopt, amend, clude in my petition for rule-
or repeal a regulation, or grant re- making?
lief from the requirements of a cur-
rent regulation? (a) You must include the following
information in your petition for rule-
(a) Using a petition for rulemaking, making:
you may ask FAA to add a new regula- (1) Your name and mailing address
tion to title 14 of the Code of Federal and, if you wish, other contact infor-
Regulations (14 CFR) or ask FAA to mation such as a fax number, tele-
amend or repeal a current regulation in phone number, or e-mail address.
14 CFR. (2) An explanation of your proposed
(b) Using a petition for exemption, action and its purpose.
you may ask FAA to grant you relief (3) The language you propose for a
from current regulations in 14 CFR. new or amended rule, or the language
you would remove from a current rule.
§ 11.63 How and to whom do I submit (4) An explanation of why your pro-
my petition for rulemaking or peti-
tion for exemption? posed action would be in the public in-
terest.
(a) To submit a petition for rule- (5) Information and arguments that
making or exemption— support your proposed action, includ-
(1) By electronic submission, submit ing relevant technical and scientific
your petition for rulemaking or exemp- data available to you.
tion to FAA through the Internet at (6) Any specific facts or cir-
http://www.regulations.gov, the Federal cumstances that support or dem-
Docket Management System Web site. onstrate the need for the action you
For additional instructions, you may propose.
visit http://www.faa.gov/regulations. (b) In the process of considering your
(2) By paper submission, send the petition, we may ask that you provide
original signed copy of your petition information or data available to you
for rulemaking or exemption to this about the following:
address: U.S. Department of Transpor- (1) The costs and benefits of your pro-
tation, Docket Operations, West Build- posed action to society in general, and
ing Ground Floor, Room W12–140, 1200 identifiable groups within society in
New Jersey Avenue, SE., Washington, particular.
DC 20590. (2) The regulatory burden of your
(b) Submit a petition for rulemaking proposed action on small businesses,

or exemption from part 139 of this small organizations, small govern-
chapter— mental jurisdictions, and Indian tribes.
33
§ 11.73 14 CFR Ch. I (1–1–17 Edition)
(3) The recordkeeping and reporting § 11.75 Does FAA invite public com-
burdens of your proposed action and ment on petitions for rulemaking?
whom the burdens would affect. Generally, FAA does not invite pub-
(4) The effect of your proposed action lic comment on petitions for rule-
on the quality of the natural and social making.
environments.
§ 11.77 Is there any additional infor-
§ 11.73 How does FAA process peti- mation I must include in my peti-
tions for rulemaking? tion for designating airspace?
After we have determined the dis- In petitions asking FAA to establish,
position of your petition, we will con- amend, or repeal a designation of air-
tact you in writing about our decision. space, including special use airspace,
The FAA may respond to your petition you must include all the information
for rulemaking in one of the following specified by § 11.71 and also:
ways: (a) The location and a description of
the airspace you want assigned or des-
(a) If we determine that your petition
ignated;
justifies our taking the action you sug-
(b) A complete description of the ac-
gest, we may issue an NPRM or
tivity or use to be made of that air-
ANPRM. We will do so no later than 6
space, including a detailed description
months after the date we receive your
of the type, volume, duration, time,
petition. In making our decision, we and place of the operations to be con-
consider: ducted in the area;
(1) The immediacy of the safety or se- (c) A description of the air naviga-
curity concerns you raise; tion, air traffic control, surveillance,
(2) The priority of other issues the and communication facilities available
FAA must deal with; and and to be provided if we grant the des-
(3) The resources we have available ignation; and
to address these issues. (d) The name and location of the
(b) If we have issued an ANPRM or agency, office, facility, or person who
NPRM on the subject matter of your would have authority to permit the use
petition, we will consider your argu- of the airspace when it was not in use
ments for a rule change as a comment for the purpose to which you want it
in connection with the rulemaking pro- assigned.
ceeding. We will not treat your peti-
tion as a separate action. § 11.81 What information must I in-
clude in my petition for an exemp-
(c) If we have begun a rulemaking tion?
project in the subject area of your peti-
tion, we will consider your comments You must include the following infor-
mation in your petition for an exemp-
and arguments for a rule change as
tion and submit it to FAA as soon as
part of that project. We will not treat
you know you need an exemption.
your petition as a separate action.
(a) Your name and mailing address
(d) If we have tasked ARAC to study and, if you wish, other contact infor-
the general subject area of your peti- mation such as a fax number, tele-
tion, we will ask ARAC to review and phone number, or e-mail address;
evaluate your proposed action. We will (b) The specific section or sections of
not treat your petition as a separate 14 CFR from which you seek an exemp-
action. tion;
(e) If we determine that the issues (c) The extent of relief you seek, and
you identify in your petition may have the reason you seek the relief;
merit, but do not address an immediate (d) The reasons why granting your re-
safety concern or cannot be addressed quest would be in the public interest;
because of other priorities and resource that is, how it would benefit the public
constraints, we may dismiss your peti- as a whole;
tion. Your comments and arguments (e) The reasons why granting the ex-
for a rule change will be placed in a emption would not adversely affect
database, which we will examine when safety, or how the exemption would
we consider future rulemaking. provide a level of safety at least equal
34
to that provided by the rule from § 11.87 Are there circumstances in

which you seek the exemption; which FAA may decide not to pub-
(f) A summary we can publish in the lish a summary of my petition for
FEDERAL REGISTER, stating: exemption?
(1) The rule from which you seek the The FAA may not publish a summary
exemption; and of your petition for exemption and re-
(2) A brief description of the nature quest comments if you present or we
of the exemption you seek; find good cause why we should not
(g) Any additional information, views delay action on your petition. The fac-
or arguments available to support your tors we consider in deciding not to re-
request; and quest comment include:
(a) Whether granting your petition
(h) If you want to exercise the privi-
would set a precedent.
leges of your exemption outside the
(b) Whether the relief requested is
United States, the reason why you
identical to exemptions granted pre-
need to do so. viously.
(c) Whether our delaying action on
§ 11.83 How can I operate under an ex-
emption outside the United States? your petition would affect you ad-
versely.
If you want to be able to operate (d) Whether you filed your petition in
under your exemption outside the a timely manner.
United States, you must request this
when you petition for relief and give us § 11.89 How much time do I have to
the reason for this use. If you do not submit comments to FAA on a peti-
provide your reason or we determine tion for exemption?
that it does not justify this relief, we The FAA states the specific time al-
will limit your exemption to use within lowed for comments in the FEDERAL
the United States. Before we extend REGISTER notice about the petition. We
your exemption for use outside the usually allow 20 days to comment on a
United States, we will verify that the petition for exemption.
exemption would be in compliance with
the Standards of the International § 11.91 How does FAA inform me of its
decision on my petition for exemp-
Civil Aviation Organization (ICAO). If tion?
it would not, but we still believe it
would be in the public interest to allow The FAA will notify you in writing
you to do so, we will file a difference about its decision on your petition. A
with ICAO. However, a foreign country copy of this decision is also placed in
the public docket. We will include the
still may not allow you to operate in
docket number associated with your
that country without meeting the
petition in our letter to you.
ICAO standard.
[Doc. No. FAA–2005–22982, 71 FR 1485, Jan. 10,
§ 11.85 Does FAA invite public com- 2006]
ment on petitions for exemption?
§ 11.101 May I ask FAA to reconsider
Yes, FAA publishes information my petition for rulemaking or peti-
about petitions for exemption in the tion for exemption if it is denied?
FEDERAL REGISTER. The information
Yes, you may petition FAA to recon-
includes—
sider your petition denial. You must
(a) The docket number of the peti- submit your request to the address to
tion; which you sent your original petition,
(b) The citation to the rule or rules and FAA must receive it within 60 days
from which the petitioner requested re- after we issued the denial. For us to ac-
lief; cept your petition, show the following:
(c) The name of the petitioner; (a) That you have a significant addi-
(d) The petitioner’s summary of the tional fact and why you did not present
action requested and the reasons for re- it in your original petition;
questing it; and (b) That we made an important fac-

(e) A request for comments to assist tual error in our denial of your original
FAA in evaluating the petition. petition; or
35
§ 11.103 14 CFR Ch. I (1–1–17 Edition)
(c) That we did not correctly inter- 14 CFR part or

pret a law, regulation, or precedent. section identified Current OMB control number
and described
§ 11.103 What exemption relief may be Part 61 ............... 2120–0021, 2120–0034, 2120–0543,
available to federal, state, and local 2120–0571
governments when operating air- Part 63 ............... 2120–0007
craft that are not public aircraft? Part 65 ............... 2120–0022, 2120–0535, 2120–0571,
2120–0648
The Federal Aviation Administration Part 67 ............... 2120–0034, 2120–0543
may grant a federal, state, or local Part 77 ............... 2120–0001
government an exemption from part A Part 91 ............... 2120–0005, 2120–0026, 2120–0027,
of subtitle VII of title 49 United States 2120–0573, 2120–0606, 2120–0620,
2120–0631, 2120–0651
Code, and any regulation issued under
Part 93 ............... 2120–0524, 2120–0606, 2120–0639
that authority that is applicable to an Part 101 ............. 2120–0027
aircraft as a result of the Independent Part 105 ............. 2120–0027, 2120–0641
Safety Board Act Amendments of 1994, Part 107 ............. 2120–0005, 2120–0021, 2120–0027,
Public Law 103–411, if— 2120–0767, 2120–0768.
(a) The Administrator finds that Part 119 ............. 2120–0593
Part 121 ............. 2120–0008, 2120–0028, 2120–0535,
granting the exemption is necessary to 2120–0571, 2120–0600, 2120–0606,
prevent an undue economic burden on 2120–0614, 2120–0616, 2120–0631,
the unit of government; and 2120–0651, 2120–0653, 2120–0691,
(b) The Administrator certifies that 2120–0739, 2120–0760, 2120–0766.
Part 125 ............. 2120–0028, 2120–0085, 2120–0616,
the aviation safety program of the unit 2120–0651
of government is effective and appro- Part 129 ............. 2120–0028, 2120–0536, 2120–0616,
priate to ensure safe operations of the 2120–0638
type of aircraft operated by the unit of Part 133 ............. 2120–0044
government. Part 135 ............. 2120–0003, 2120–0028, 2120–0039,
2120–0535, 2120–0571, 2120–0600,
[68 FR 25488, May 13, 2003] 2120–0606, 2120–0614, 2120–0616,
2120–0620, 2120–0631, 2120–0653,
2120–0766.
Subpart B—Paperwork Reduction Part 137 ............. 2120–0049
Act Control Numbers Part 139 ............. 2120–0045, 2120–0063
Part 141 ............. 2120–0009
§ 11.201 Office of Management and Part 142 ............. 2120–0570
Budget (OMB) control numbers as- Part 145 ............. 2120–0003, 2120–0010, 2120–0571
signed under the Paperwork Reduc- Part 147 ............. 2120–0040
tion Act. Part 150 ............. 2120–0517
Part 157 ............. 2120–0036
(a) The Paperwork Reduction Act of Part 158 ............. 2120–0557
1995 (44 U.S.C. 3501–3520) requires FAA Part 161 ............. 2120–0563
to get approval from OMB for our in- Part 171 ............. 2120–0014
formation collection activities, and to Part 183 ............. 2120–0033, 2120–0604
Part 193 ............. 2120–0646
list a record of those approvals in the
Part 198 ............. 2120–0514
FEDERAL REGISTER. This subpart lists Part 400 ............. 2120–0643, 2120–0644, 0649
the control numbers OMB assigned to Part 401 ............. 2120–0608
FAA’s information collection activi- Part 440 ............. 2120–0601
ties. SFAR 36 ............ 2120–0507
(b) The table listing OMB control SFAR 71 ............ 2120–0620
numbers assigned to FAA’s informa-
tion collection activities follows: [Doc. No. 1999–6622, 65 FR 50863, Aug. 21, 2000,
as amended by Amdt. 11–47, 67 FR 9553, Mar.
14 CFR part or
section identified Current OMB control number 1, 2002; Amdt. 11–49, 68 FR 61321, Oct. 27, 2003;
and described Amdt. 11–49, 68 FR 70132, Dec. 17, 2003; 70 FR
40163, July 12, 2005; 71 FR 63426, Oct. 30, 2006;
Part 14 ............... 2120–0539
Part 17 ............... 2120–0632
72 FR 59599, Oct. 22, 2007; Amdt. 11–56, 79 FR
Part 21 ............... 2120–0018, 2120–0552 12937, Mar. 7, 2014; Amdt. 11–57, 80 FR 58586,
Part 34 ............... 2120–0508 Sept. 30, 2015; Doc. FAA–2015–7396, Amdt. 11–
Part 39 ............... 2120–0056 58, 80 FR 79255, Dec. 21, 2015; Doc. FAA–2011–
Part 43 ............... 2120–0020 1136, Amdt. 11–59, 81 FR 13969, Mar. 16, 2016;
Part 45 ............... 2120–0508
Doc. FAA–2014–0554, Amdt. 11–60, 81 FR 33117,

Part 47 ............... 2120–0024, 2120–0042
Part 48 ............... 2120–0765 May 24, 2016; 81 FR 38573, June 14, 2016; Doc.
Part 49 ............... 2120–0043 FAA–2016–9064, Amdt. 11–61, 81 FR 59129, Aug.
Part 60 ............... 2120–0680 29, 2016]
36
Federal Aviation Administration, DOT Pt. 11, App. 1
APPENDIX 1 TO PART 11—ORAL COMMU- each contact or group of related contacts in

NICATIONS WITH THE PUBLIC DURING the rulemaking docket when it is opened.
RULEMAKING 5. Does DOT policy permit ex parte contacts
1. What is an ex parte contact? during the comment period?
‘‘Ex parte’’ is a Latin term that means No, during the comment period, the public
‘‘one sided,’’ and indicates that not all par- docket is available for written comments
ties to an issue were present when it was dis- from any member of the public. These com-
cussed. An ex parte contact involving rule- ments can be examined and responded to by
making is any communication between FAA any interested person. Because this public
and someone outside the government regard- forum is available, DOT policy discourages
ing a specific rulemaking proceeding, before ex parte contacts during the comment pe-
that proceeding closes. A rulemaking pro- riod. They are not necessary to collect the
ceeding does not close until we publish the information the agency needs to make its de-
final rule or withdraw the NPRM. Because cision.
an ex parte contact excludes other interested 6. What if the FAA believes it needs to meet with
persons, including the rest of the public, members of the public to discuss the proposal?
from the communication, it may give an un-
fair advantage to one party, or appear to do If the FAA determines that it would be
so. helpful to invite members of the public to
make oral presentations to it regarding the
2. Are written comments to the docket ex parte proposal, we will announce a public meeting
contacts? in the FEDERAL REGISTER.
Written comments submitted to the docket 7. Are any oral contacts concerning the proposal
are not ex parte contacts because they are permitted during the comment period?
available for inspection by all members of
the public. If you contact the agency with questions
regarding the proposal during the comment
3. What is DOT policy on ex parte contacts? period, we can only provide you with infor-
It is DOT policy to provide for open devel- mation that has already been made available
opment of rules and to encourage full public to the general public. If you contact the
participation in rulemaking actions. In addi- agency to discuss the proposal, you will be
tion to providing opportunity to respond in told that the proper avenue of communica-
writing to an NPRM and to appear and be tion during the comment period is a written
heard at a hearing, DOT policy encourages communication to the docket.
agencies to contact the public directly when
8. If a substantive ex parte contact does occur
we need factual information to resolve ques-
during the comment period, what does FAA do?
tions of substance. It also encourages DOT
agencies to be receptive to appropriate con- While FAA tries to ensure that FAA per-
tacts from persons affected by or interested sonnel and the public are aware of DOT pol-
in a proposed action. But under some cir- icy, substantive ex parte contacts do occa-
cumstances an ex parte contact could affect sionally occur, for example, at meetings not
the basic openness and fairness of the rule- intended for that purpose. In such a case, we
making process. Even the appearance of im- place a summary of the contact and a copy
propriety can affect public confidence in the of any materials provided at the meeting in
process. For this reason, DOT policy sets the rulemaking docket. We encourage par-
careful guidelines for these contacts. The ticipants in such a meeting to file written
kind of ex parte contacts permitted and the comments in the docket.
procedures we follow depend on when the
contact occurs in the rulemaking process. 9. Does DOT policy permit ex parte contacts the
comment period has closed?
4. What kinds of ex parte contacts does DOT
DOT policy strongly discourages ex parte
policy permit before we issue an ANPRM,
contacts initiated by commenters to discuss
NPRM, Supplemental NPRM, or immediately
their position on the proposal once the com-
adopted final rule?
ment period has closed. Such a contact at
The DOT policy authorizes ex parte con- this time would be improper, since other in-
tacts that we need to obtain technical and terested persons would not have an oppor-
economic information. We need this informa- tunity to respond. If we need further infor-
tion to decide whether to issue a regulation mation regarding a comment in the docket,
and what it should say. Each contact that in- we may request this from a commenter. A
fluences our development of the regulation is record of this contact and the information
noted in the preamble. For multiple contacts provided is placed in the docket. If we need
that are similar, we may provide only a gen- to make other contacts to update factual in-
eral discussion. For contacts not discussed in formation, such as economic data, we will
the preamble, we place a report discussing disclose this information in the final rule
37
docket or in the economic studies accom- Subpart C—Legal Enforcement Actions
panying it, which are available in the dock-
et. 13.13 Consent orders.
13.14 Civil penalties: General.
10. What if FAA needs to meet with interested 13.15 Civil penalties: Other than by adminis-
persons to discuss the proposal after the com- trative assessment.
ment period has closed? 13.16 Civil penalties: Administrative assess-
ment against a person other than an in-
If FAA determines that it would be helpful dividual acting as a pilot, flight engi-
to meet with a person or group after the neer, mechanic, or repairman. Adminis-
close of the comment period to discuss a trative assessment against all persons
course of action to be taken, we will an- for hazardous materials violations.
nounce the meeting in the FEDERAL REG- 13.17 Seizure of aircraft.
ISTER. We will also consider reopening the 13.18 Civil penalties: Administrative assess-
comment period. If an inappropriate ex parte ment against an individual acting as a
contact does occur after the comment period pilot, flight engineer, mechanic, or re-
closes, a summary of the contact and a copy pairman.
of any material distributed during meeting 13.19 Certificate action.
will be placed in the docket if it could be 13.20 Orders of compliance, cease and desist
seen as influencing the rulemaking process. orders, orders of denial, and other orders.
13.21 Military personnel.
11. Under what circumstances will FAA reopen 13.23 Criminal penalties.
the comment period? 13.25 Injunctions.
If we receive an ex parte communication 13.27 Final order of Hearing Officer in cer-
after the comment period has closed that tificate of aircraft registration pro-
could substantially influence the rule- ceedings.
making, we may reopen the comment period. 13.29 Civil penalties: Streamlined enforce-
DOT policy requires the agency to carefully ment procedures for certain security vio-
consider whether the substance of the con- lations.
tact will give the commenter an unfair ad-
vantage, since the rest of the public may not
Subpart D—Rules of Practice for FAA
see the record of the contact in the docket. Hearings
When the substance of a proposed rule is sig- 13.31 Applicability.
nificantly changed as a result of such an oral 13.33 Appearances.
communication, DOT policy and practice re- 13.35 Request for hearing.
quires that the comment period be reopened 13.37 Hearing Officer’s powers.
by issuing a supplemental NPRM in which 13.39 Disqualification of Hearing Officer.
the reasons for the change are discussed. 13.41 [Reserved]
13.43 Service and filing of pleadings, mo-
12. What if I have important information for tions, and documents.
FAA and the comment period is closed? 13.44 Computation of time and extension of
You may always provide FAA with written time.
information after the close of the comment 13.45 Amendment of notice and answer.
period and it will be considered if time per- 13.47 Withdrawal of notice or request for
mits. Because contacts after the close of the hearing.
comment may not be seen by other inter- 13.49 Motions.
ested persons, if they substantially and spe- 13.51 Intervention.
cifically influence the FAA’s decision, we 13.53 Depositions.
may need to reopen the comment period. 13.55 Notice of hearing.
13.57 Subpoenas and witness fees.
13.59 Evidence.
PART 13—INVESTIGATIVE AND 13.61 Argument and submittals.
ENFORCEMENT PROCEDURES 13.63 Record.
Subpart E—Orders of Compliance Under

Subpart A—Investigative Procedures the Hazardous Materials Transportation Act
Sec. 13.71 Applicability.
13.1 Reports of violations. 13.73 Notice of proposed order of compli-
13.3 Investigations (general). ance.
13.5 Formal complaints. 13.75 Reply or request for hearing.
13.7 Records, documents and reports. 13.77 Consent order of compliance.
13.79 Hearing.
Subpart B—Administrative Actions 13.81 Order of immediate compliance.

13.83 Appeal.
13.11 Administrative disposition of certain 13.85 Filing, service and computation of
violations. time.
38
13.87 Extension of time. 13.235 Judicial review of a final decision and
order.
Subpart F—Formal Fact-Finding Investiga-
tion Under an Order of Investigation Subpart H—Civil Monetary Penalty Inflation
Adjustment
13.101 Applicability.
13.103 Order of investigation. 13.301 Scope and purpose.
13.105 Notification.
13.107 Designation of additional parties. Subpart I—Flight Operational Quality
13.109 Convening the investigation.
13.111 Subpoenas. Assurance Programs
13.113 Noncompliance with the investigative
13.401 Flight Operational Quality Assurance
process.
program: Prohibition against use of data
13.115 Public proceedings.
for enforcement purposes.
13.117 Conduct of investigative proceeding
or deposition. AUTHORITY: 18 U.S.C. 6002; 28 U.S.C. 2461
13.119 Rights of persons against self-in- (note); 49 U.S.C. 106(g), 5121–5128, 40113–40114,
crimination. 44103–44106, 44701–44703, 44709–44710, 44713,
13.121 Witness fees. 46101–46111, 46301, 46302 (for a violation of 49
13.123 Submission by party to the investiga- U.S.C. 46504), 46304–46316, 46318, 46501–46502,
tion. 46504–46507, 47106, 47107, 47111, 47122, 47306,
13.125 Depositions. 47531–47532; 49 CFR 1.47.
13.127 Reports, decisions and orders.
13.129 Post-investigation action. SOURCE: Docket No. 18884, 44 FR 63723, Nov.
13.131 Other procedures. 5, 1979, unless otherwise noted.
Subpart G—Rules of Practice in FAA Civil

Penalty Actions
Subpart A—Investigative
Procedures
13.202 Definitions. § 13.1 Reports of violations.
13.203 Separation of functions.
13.204 Appearances and rights of parties. (a) Any person who knows of a viola-
13.205 Administrative law judges. tion of the Federal Aviation Act of
13.206 Intervention. 1958, as amended, the Hazardous Mate-
13.207 Certification of documents. rials Transportation Act relating to
13.208 Complaint. the transportation or shipment by air
13.209 Answer.
13.210 Filing of documents.
of hazardous materials, the Airport and
13.211 Service of documents. Airway Development Act of 1970, the
13.212 Computation of time. Airport and Airway Improvement Act
13.213 Extension of time. of 1982, the Airport and Airway Im-
13.214 Amendment of pleadings. provement Act of 1982 as amended by
13.215 Withdrawal of complaint or request the Airport and Airway Safety and Ca-
for hearing. pacity Expansion Act of 1987, or any
13.216 Waivers.
13.217 Joint procedural or discovery sched- rule, regulation, or order issued there-
ule. under, should report it to appropriate
13.218 Motions. personnel of any FAA regional or dis-
13.219 Interlocutory appeals. trict office.
13.220 Discovery. (b) Each report made under this sec-
13.221 Notice of hearing. tion, together with any other informa-
13.222 Evidence.
13.223 Standard of proof. tion the FAA may have that is rel-
13.224 Burden of proof. evant to the matter reported, will be
13.225 Offer of proof. reviewed by FAA personnel to deter-
13.226 Public disclosure of evidence. mine the nature and type of any addi-
13.227 Expert or opinion witnesses. tional investigation or enforcement ac-
13.228 Subpoenas. tion the FAA will take.
13.229 Witness fees.
13.230 Record. [Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as
13.231 Argument before the administrative amended by Amdt. 13–17, 53 FR 33783, Aug. 31,
law judge. 1988]
13.232 Initial decision.
13.233 Appeal from initial decision. § 13.3 Investigations (general).

13.234 Petition to reconsider or modify a
final decision and order of the FAA deci- (a) Under the Federal Aviation Act of
sionmaker on appeal. 1958, as amended, (49 U.S.C. 1301 et seq.),
39
§ 13.5 14 CFR Ch. I (1–1–17 Edition)
the Hazardous Materials Transpor- this chapter, except in the case of com-
tation Act (49 U.S.C. 1801 et seq.), the plaints, investigations, and proceedings
Airport and Airway Development Act initiated before December 16, 1996, the
of 1970 (49 U.S.C. 1701 et seq.), the Air- effective date of part 16 of this chapter.
port and Airway Improvement Act of
[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as
1982 (49 U.S.C. 2201 et seq.), the Airport amended by Amdt. 13–17, 53 FR 33783, Aug. 31,
and Airway Improvement Act of 1982 1988; 53 FR 35255, Sept. 12, 1988; Amdt. 13–19,
(as amended, 49 U.S.C. App. 2201 et seq., 54 FR 39290, Sept. 25, 1989; Amdt. 13–27, 61 FR
Airport and Airway Safety and Capac- 54004, Oct. 16, 1996; Amdt. 13–29, 62 FR 46865,
ity Expansion Act of 1987), and the Sept. 4, 1997]
Regulations of the Office of the Sec-
retary of Transportation (49 CFR 1 et § 13.5 Formal complaints.
seq.), the Administrator may conduct (a) Any person may file a complaint
investigations, hold hearings, issue with the Administrator with respect to
subpoenas, require the production of anything done or omitted to be done by
relevant documents, records, and prop- any person in contravention of any
erty, and take evidence and deposi- provision of any Act or of any regula-
tions. tion or order issued under it, as to mat-
(b) For the purpose of investigating ters within the jurisdiction of the Ad-
alleged violations of the Federal Avia- ministrator. This section does not
tion Act of 1958, as amended the Haz- apply to complaints against the Ad-
ardous Materials Transportation Act, ministrator or employees of the FAA
the Airport and Airway Development acting within the scope of their em-
Act of 1970, the Airport and Airway Im- ployment.
provement Act of 1982, the Airport and (b) Complaints filed under this sec-
Airway Improvement Act of 1982 as tion must—
amended by the Airport and Airway (1) Be submitted in writing and iden-
Safety and Capacity Expansion Act of tified as a complaint filed for the pur-
1987, or any rule, regulation, or order pose of seeking an appropriate order or
issued thereunder, the Administrator’s other enforcement action;
authority has been delegated to the
(2) Be submitted to the Federal Avia-
various services and or offices for mat-
tion Administration, Office of the Chief
ters within their respective areas for
Counsel, Attention: Enforcement Dock-
all routine investigations. When the
et (AGC–10), 800 Independence Avenue,
compulsory processes of sections 313
S.W., Washington, DC 20591;
and 1004 (49 U.S.C. 1354 and 1484) of the
Federal Aviation Act, or section 109 of (3) Set forth the name and address, if
the Hazardous Materials Transpor- known, of each person who is the sub-
tation Act (49 U.S.C. 1808) are invoked, ject of the complaint and, with respect
the Administrator’s authority has been to each person, the specific provisions
delegated to the Chief Counsel, the of the Act or regulation or order that
Deputy Chief Counsel, each Assistant the complainant believes were vio-
Chief Counsel, each Regional Counsel, lated;
the Aeronautical Center Counsel, and (4) Contain a concise but complete
the Technical Center Counsel. statement of the facts relied upon to
(c) In conducting formal investiga- substantiate each allegation;
tions, the Chief Counsel, the Deputy (5) State the name, address and tele-
Chief Counsel, each Assistant Chief phone number of the person filing the
Counsel, each Regional Counsel, the complaint; and
Aeronautical Center Counsel, and the (6) Be signed by the person filing the
Technical Center Counsel may issue an complaint or a duly authorized rep-
order of investigation in accordance resentative.
with subpart F of this part. (c) Complaints which do not meet the
(d) A complaint against the sponsor, requirements of paragraph (b) of this
proprietor, or operator of a Federally- section will be considered reports
assisted airport involving violations of under § 13.1.
the legal authorities listed in § 16.1 of (d) Complaints which meet the re-
this chapter shall be filed in accord- quirements of paragraph (b) of this sec-
ance with the provisions of part 16 of tion will be docketed and a copy
40
mailed to each person named in the tain a photostatic or duplicate copy

complaint. upon paying the cost of the copy.
(e) Any complaint filed against a (Secs. 313(a), 314(a), 601 through 610, and 1102
member of the Armed Forces of the of the Federal Aviation Act of 1958 (49 U.S.C.
United States acting in the perform- 1354(a), 1421 through 1430, 1502); sec. 6(c),
ance of official duties shall be referred Dept. of Transportation Act (49 U.S.C.
to the Secretary of the Department 1655(c)))
concerned for action in accordance [Doc. No. 13–14, 44 FR 63723, Nov. 5, 1979, as
with the procedures set forth in § 13.21 amended by Amdt. 13–16, 45 FR 35307, May 27,
of this part. 1980; Amdt. 13–19, 54 FR 39290, Sept. 25, 1989]
(f) The person named in the com-
plaint shall file an answer within 20 § 13.7 Records, documents and reports.
days after service of a copy of the com- Each record, document and report
plaint. that the Federal Aviation Regulations
(g) After the complaint has been an- require to be maintained, exhibited or
swered or after the allotted time in submitted to the Administrator may be
which to file an answer has expired, the used in any investigation conducted by
Administrator shall determine if there the Administrator; and, except to the
are reasonable grounds for inves- extent the use may be specifically lim-
tigating the complaint. ited or prohibited by the section which
(h) If the Administrator determines imposes the requirement, the records,
that a complaint does not state facts documents and reports may be used in
which warrant an investigation or ac- any civil penalty action, certificate ac-
tion, the complaint may be dismissed tion, or other legal proceeding.
without a hearing and the reason for
the dismissal shall be given, in writing, Subpart B—Administrative Actions
to the person who filed the complaint
and the person named in the com- § 13.11 Administrative disposition of
plaint. certain violations.
(i) If the Administrator determines (a) If it is determined that a viola-
that reasonable grounds exist, an infor- tion or an alleged violation of the Fed-
mal investigation may be initiated or eral Aviation Act of 1958, or an order or
an order of investigation may be issued regulation issued under it, or of the
in accordance with subpart F of this Hazardous Materials Transportation
part, or both. Each person named in Act, or an order or regulation issued
the complaint shall be advised which under it, does not require legal enforce-
official has been delegated the respon- ment action, an appropriate official of
sibility under § 13.3(b) or (c) for con- the FAA field office responsible for
ducting the investigation. processing the enforcement case or
(j) If the investigation substantiates other appropriate FAA official may
the allegations set forth in the com- take administrative action in disposi-
plaint, a notice of proposed order may tion of the case.
be issued or other enforcement action (b) An administrative action under
taken in accordance with this part. this section does not constitute a for-
(k) The complaint and other plead- mal adjudication of the matter, and
ings and official FAA records relating may be taken by issuing the alleged vi-
to the disposition of the complaint are olator—
maintained in current docket form in (1) A ‘‘Warning Notice’’ which recites
the Enforcement Docket (AGC–10), Of- available facts and information about
fice of the Chief Counsel, Federal Avia- the incident or condition and indicates
tion Administration, 800 Independence that it may have been a violation; or
Avenue, S.W., Washington, D. C. 20591. (2) A ‘‘Letter of Correction’’ which
Any interested person may examine confirms the FAA decision in the mat-
any docketed material at that office, ter and states the necessary corrective
at any time after the docket is estab- action the alleged violator has taken
lished, except material that is ordered or agrees to take. If the agreed correc-
withheld from the public under appli- tive action is not fully completed, legal
cable law or regulations, and may ob- enforcement action may be taken.
41
§ 13.13 14 CFR Ch. I (1–1–17 Edition)
Subpart C—Legal Enforcement (c) The minimum and maximum

Actions amounts of civil penalties for viola-
tions of the statutory provisions speci-
§ 13.13 Consent orders. fied in paragraphs (a) and (b) of this
(a) At any time before the issuance of section, or rules, regulations, or orders
an order under this subpart, the official issued thereunder, are periodically ad-
who issued the notice and the person justed for inflation in accordance with
subject to the notice may agree to dis- the formula established in 28 U.S.C.
pose of the case by the issuance of a 2461 note and implemented in 14 CFR
consent order by the official. part 13, subpart H.
(b) A proposal for a consent order, [Amdt. 13–32; 69 FR 59495, Oct. 4, 2004; Amdt.
submitted to the official who issued 13–32; 70 FR 1813, Jan. 11, 2005; 71 FR 70464,
the notice, under this section must in- Dec. 5, 2006]
clude—
(1) A proposed order; § 13.15 Civil penalties: Other than by
(2) An admission of all jurisdictional administrative assessment.
facts; (a) The FAA uses the procedures in
(3) An express waiver of the right to this section when it seeks a civil pen-
further procedural steps and of all alty other than by the administrative
rights to judicial review; and assessment procedures in §§ 13.16 or
(4) An incorporation by reference of 13.18.
the notice and an acknowledgment (b) The authority of the Adminis-
that the notice may be used to con- trator, under 49 U.S.C. chapter 463, to
strue the terms of the order. seek a civil penalty for a violation
(c) If the issuance of a consent order cited in § 13.14(a), and the ability to
has been agreed upon after the filing of refer cases to the United States Attor-
a request for hearing in accordance ney General, or the delegate of the At-
with subpart D of this part, the pro- torney General, for prosecution of civil
posal for a consent order shall include penalty actions sought by the Adminis-
a request to be filed with the Hearing trator is delegated to the Chief Coun-
Officer withdrawing the request for a sel; the Deputy Chief Counsel for Oper-
hearing and requesting that the case be ations; the Assistant Chief Counsel for
dismissed. Enforcement; the Assistant Chief
Counsel, Europe, Africa, and Middle
§ 13.14 Civil penalties: General. East Area Office; the Regional Counsel;
(a) Any person who violates any of the Aeronautical Center Counsel; and
the following statutory provisions, or the Technical Center Counsel. This del-
any rule, regulation, or order issued egation applies to cases involving:
thereunder, is subject to a civil penalty (1) An amount in controversy in ex-
of not more than the amount specified cess of:
in 49 U.S.C. chapter 463 for each viola- (i) $50,000, if the violation was com-
tion: mitted by any person before December
(1) Chapter 401 (except sections 12, 2003;
40103(a) and (d), 40105, 40116, and 40117); (ii) $400,000, if the violation was com-
(2) Chapter 441 (except section 44109); mitted by a person other than an indi-
(3) Section 44502(b) or (c); vidual or small business concern on or
(4) Chapter 447 (except sections 44717 after December 12, 2003;
and 44719–44723); (iii) $50,000, if the violation was com-
(5) Chapter 451; mitted by an individual or small busi-
(6) Sections 46301(b), 46302 (for a vio- ness concern on or after December 12,
lation of 49 U.S.C. 46504), or 46318; 2003; or
(7) Section 47107(b); or (2) An in rem action, seizure of air-
(8) Sections 47528 through 47530. craft subject to lien, suit for injunctive
(b) Any person who knowingly com- relief, or for collection of an assessed
mits an act in violation of 49 U.S.C. civil penalty.
chapter 51 or a regulation prescribed or (c) The Administrator may com-
order issued under that chapter, is sub- promise any civil penalty proposed
ject to a civil penalty under 49 U.S.C. under this section, before referral to
5123. the United States Attorney General, or
42
the delegate of the Attorney General, (5) If the parties cannot agree to
for prosecution. compromise the civil penalty action or
(1) The Administrator, through the the offer to compromise is rejected and
Chief Counsel; the Deputy Chief Coun- the certified check or money order sub-
sel for Operations; the Assistant Chief mitted in compromise is returned, the
Counsel for Enforcement; the Assistant Administrator may refer the civil pen-
Chief Counsel, Europe, Africa, and Mid- alty action to the United States Attor-
dle East Area Office; the Regional ney General, or the delegate of the At-
Counsel; the Aeronautical Center torney General, to begin proceedings in
Counsel; or the Technical Center Coun- a United States district court, pursu-
sel sends a civil penalty letter to the ant to the authority in 49 U.S.C. 46305,
person charged with a violation cited to prosecute and collect the civil pen-
in § 13.14(a). The civil penalty letter alty.
contains a statement of the charges,
the applicable law, rule, regulation, or [Amdt. 13–18, 53 FR 34653, Sept. 7, 1988, as
order, the amount of civil penalty that amended by Amdt. 13–20, 55 FR 15128, Apr. 20,
the Administrator will accept in full 1990; Amdt. 13–29, 62 FR 46865, Sept. 4, 1997;
Amdt. 13–32; 69 FR 59495, Oct. 4, 2004]
settlement of the action or an offer to
compromise the civil penalty. § 13.16 Civil Penalties: Administrative
(2) Not later than 30 days after re- assessment against a person other
ceipt of the civil penalty letter, the than an individual acting as a pilot,
person charged with a violation may flight engineer, mechanic, or re-
present any material or information in pairman. Administrative assess-
answer to the charges to the agency at- ment against all persons for haz-
torney, either orally or in writing, that ardous materials violations.
may explain, mitigate, or deny the vio- (a) The FAA uses these procedures
lation or that may show extenuating when it assesses a civil penalty against
circumstances. The Administrator will a person other than an individual act-
consider any material or information ing as a pilot, flight engineer, me-
submitted in accordance with this chanic, or repairman for a violation
paragraph to determine whether the cited in the first sentence of 49 U.S.C.
person is subject to a civil penalty or 46301(d)(2) or in 49 U.S.C. 47531, or any
to determine the amount for which the implementing rule, regulation or order.
Administrator will compromise the ac- (b) District court jurisdiction. Notwith-
tion. standing the provisions of paragraph
(3) If the person charged with the vio- (a) of this section, the United States
lation offers to compromise for a spe-
district courts have exclusive jurisdic-
cific amount, that person must send to
tion of any civil penalty action initi-
the agency attorney a certified check
ated by the FAA for violations de-
or money order for that amount, pay-
scribed in those paragraphs, under 49
able to the Federal Aviation Adminis-
U.S.C. 46301(d)(4), if—
tration. The Chief Counsel; the Deputy
Chief Counsel for Operations; the As- (1) The amount in controversy is
sistant Chief Counsel for Enforcement; more than $50,000 for a violation com-
the Assistant Chief Counsel, Europe, mitted by any person before December
Africa, and Middle East Area Office; 12, 2003;
the Regional Counsel; Aeronautical (2) The amount in controversy is
Center Counsel; or the Technical Cen- more than $400,000 for a violation com-
ter Counsel may accept the certified mitted by a person other than an indi-
check or money order or may refuse vidual or small business concern on or
and return the certified check or after December 12, 2003;
money order. (3) The amount in controversy is
(4) If the offer to compromise is ac- more than $50,000 for a violation com-
cepted by the Administrator, the agen- mitted by an individual or a small
cy attorney will send a letter to the business concern on or after December
person charged with the violation stat- 12, 2003;
ing that the certified check or money (4) The action is in rem or another
order is accepted in full settlement of action in rem based on the same viola-
the civil penalty action. tion has been brought;
43
§ 13.16 14 CFR Ch. I (1–1–17 Edition)
(5) The action involves an aircraft order of the Administrator shall be

subject to a lien that has been seized considered an order assessing civil pen-
by the Government; or alty if the FAA decisionmaker finds
(6) Another action has been brought that an alleged violation occurred and
for an injunction based on the same a civil penalty is warranted.
violation. (e) Delegation of authority. (1) The au-
(c) Hazardous materials violations. The thority of the Administrator under 49
FAA may assess a civil penalty against U.S.C. 46301(d), 47531, and 5123, and 49
any person who knowingly commits an CFR 1.47(k) to initiate and assess civil
act in violation of 49 U.S.C. chapter 51 penalties for a violation of those stat-
or a regulation prescribed or order utes or a rule, regulation, or order
issued under that chapter, under 49 issued thereunder, is delegated to the
U.S.C. 5123 and 49 CFR 1.47(k). An order Deputy Chief Counsel for Operations;
assessing a civil penalty for a violation the Assistant Chief Counsel for En-
under 49 U.S.C. chapter 51, or a rule, forcement; the Assistant Chief Counsel,
regulation, or order issued thereunder, Europe, Africa, and Middle East Area
is issued only after the following fac- Office; the Regional Counsel; the Aero-
tors have been considered: nautical Center Counsel; and the Tech-
(1) The nature, circumstances, ex- nical Center Counsel.
tent, and gravity of the violation; (2) The authority of the Adminis-
(2) With respect to the violator, the trator under 49 U.S.C. 5123, 49 CFR
degree of culpability, any history of 1.47(k), 49 U.S.C. 46301(d), and 49 U.S.C.
prior violations, the ability to pay, and 46305 to refer cases to the Attorney
any effect on the ability to continue to General of the United States, or the
do business; and delegate of the Attorney General, for
(3) Such other matters as justice may collection of civil penalties is dele-
require. gated to the Deputy Chief Counsel for
(d) Order assessing civil penalty. An
Operations; the Assistant Chief Coun-
order assessing civil penalty may be
sel for Enforcement; Assistant Chief
issued for a violation described in para-
Counsel, Europe, Africa, and Middle
graphs (a) or (c) of this section, or as
East Area Office; the Regional Counsel;
otherwise provided by statute, after
the Aeronautical Center Counsel; and
notice and opportunity for a hearing. A
the Technical Center Counsel.
person charged with a violation may be
subject to an order assessing civil pen- (3) The authority of the Adminis-
alty in the following circumstances: trator under 49 U.S.C. 46301(f) to com-
(1) An order assessing civil penalty promise the amount of a civil penalty
may be issued if a person charged with imposed is delegated to the Deputy
a violation submits or agrees to submit Chief Counsel for Operations; the As-
a civil penalty for a violation. sistant Chief Counsel for Enforcement;
(2) An order assessing civil penalty Assistant Chief Counsel, Europe, Afri-
may be issued if a person charged with ca, and Middle East Area Office; the
a violation does not request a hearing Regional Counsel; the Aeronautical
under paragraph (g)(2)(ii) of this sec- Center Counsel; and the Technical Cen-
tion within 15 days after receipt of a ter Counsel.
final notice of proposed civil penalty. (4) The authority of the Adminis-
(3) Unless an appeal is filed with the trator under 49 U.S.C. 5123 (e) and (f)
FAA decisionmaker in a timely man- and 49 CFR 1.47(k) to compromise the
ner, an initial decision or order of an amount of a civil penalty imposed is
administrative law judge shall be con- delegated to the Deputy Chief Counsel
sidered an order assessing civil penalty for Operations; the Assistant Chief
if an administrative law judge finds Counsel for Enforcement; Assistant
that an alleged violation occurred and Chief Counsel, Europe, Africa, and Mid-
determines that a civil penalty, in an dle East Area Office; the Regional
amount found appropriate by the ad- Counsel; the Aeronautical Center
ministrative law judge, is warranted. Counsel; and the Technical Center
(4) Unless a petition for review is Counsel.

filed with a U.S. Court of Appeals in a (f) Notice of proposed civil penalty. A
timely manner, a final decision and civil penalty action is initiated by
44
sending a notice of proposed civil pen- violation, to the president of the cor-
alty to the person charged with a viola- poration or company charged with a
tion or to the agent for services for the violation, or a person previously des-
person under 49 U.S.C. 46103. A notice ignated in writing by the individual,
of proposed civil penalty will be sent to corporation, or company to receive
the individual charged with a violation documents in that civil penalty action.
or to the president of the corporation If not previously done in response to a
or company charged with a violation. notice of proposed civil penalty, a cor-
In response to a notice of proposed civil poration or company may designate in
penalty, a corporation or company may writing another person to receive docu-
designate in writing another person to ments in that civil penalty action. The
receive documents in that civil penalty final notice of proposed civil penalty
action. The notice of proposed civil contains a statement of the charges
penalty contains a statement of the and the amount of the proposed civil
charges and the amount of the pro- penalty and, as a result of information
posed civil penalty. Not later than 30 submitted to the agency attorney dur-
days after receipt of the notice of pro- ing informal procedures, may modify
posed civil penalty, the person charged an allegation or a proposed civil pen-
with a violation shall— alty contained in a notice of proposed
(1) Submit the amount of the pro- civil penalty.
posed civil penalty or an agreed-upon (1) A final notice of proposed civil
amount, in which case either an order penalty may be issued—
assessing civil penalty or compromise (i) If the person charged with a viola-
order shall be issued in that amount; tion fails to respond to the notice of
(2) Submit to the agency attorney proposed civil penalty within 30 days
one of the following: after receipt of that notice; or
(i) Written information, including
(ii) If the parties participated in any
documents and witness statements,
informal procedures under paragraph
demonstrating that a violation of the
(f)(2) of this section and the parties
regulations did not occur or that a pen-
have not agreed to compromise the ac-
alty or the amount of the penalty is
not warranted by the circumstances. tion or the agency attorney has not
(ii) A written request to reduce the agreed to withdraw the notice of pro-
proposed civil penalty, the amount of posed civil penalty.
reduction, and the reasons and any (2) Not later than 15 days after re-
documents supporting a reduction of ceipt of the final notice of proposed
the proposed civil penalty, including civil penalty, the person charged with
records indicating a financial inability a violation shall do one of the fol-
to pay or records showing that pay- lowing—
ment of the proposed civil penalty (i) Submit the amount of the pro-
would prevent the person from con- posed civil penalty or an agreed-upon
tinuing in business. amount, in which case either an order
(iii) A written request for an infor- assessing civil penalty or a com-
mal conference to discuss the matter promise order shall be issued in that
with the agency attorney and to sub- amount; or
mit relevant information or docu- (ii) Request a hearing, in which case
ments; or a complaint shall be filed with the
(3) Request a hearing, in which case a hearing docket clerk.
complaint shall be filed with the hear- (h) Request for a hearing. Any person
ing docket clerk. charged with a violation may request a
(g) Final notice of proposed civil pen- hearing, pursuant to paragraph (f)(3) or
alty. A final notice of proposed civil paragraph (g)(2)(ii) of this section, to
penalty may be issued after participa- be conducted in accordance with the
tion in informal procedures provided in procedures in subpart G of this part. A
paragraph (f)(2) of this section or fail- person requesting a hearing shall file a
ure to respond in a timely manner to a written request for a hearing with the
notice of proposed civil penalty. A final hearing docket clerk, using the appro-
notice of proposed civil penalty will be priate address set forth in § 13.210(a) of
sent to the individual charged with a this part, and shall mail a copy of the
45
§ 13.17 14 CFR Ch. I (1–1–17 Edition)
request to the agency attorney. The re- tation law. Judicial review is in the
quest for a hearing may be in the form United States Court of Appeals for the
of a letter but must be dated and District of Columbia Circuit or the
signed by the person requesting a hear- United States court of appeals for the
ing. The request for a hearing may be circuit in which the party resides or
typewritten or may be legibly hand- has the party’s principal place of busi-
written. ness as provided in § 13.235 of this part.
(i) Hearing. If the person charged Neither an initial decision or an order
with a violation requests a hearing issued by an administrative law judge
pursuant to paragraph (f)(3) or para- that has not been appealed to the FAA
graph (g)(2)(ii) of this section, the decisionmaker, nor an order compro-
original complaint shall be filed with mising a civil penalty action, may be
the hearing docket clerk and a copy appealed under any of those sections.
shall be sent to the person requesting (n) Compromise. The FAA may com-
the hearing. The procedural rules in promise the amount of any civil pen-
subpart G of this part apply to the alty imposed under this section, under
hearing and any appeal. At the close of 49 U.S.C. 5123(e), 46031(f), 46303(b), or
the hearing, the administrative law 46318 at any time before referring the
judge shall issue, either orally on the action to the United States Attorney
record or in writing, an initial deci- General, or the delegate of the Attor-
sion, including the reasons for the deci- ney General, for collection.
sion, that contains findings or conclu- (1) An agency attorney may com-
sions on the allegations contained, and promise any civil penalty action where
the civil penalty sought, in the com- a person charged with a violation
plaint. agrees to pay a civil penalty and the
(j) Appeal. Either party may appeal FAA agrees not to make a finding of
the administrative law judge’s initial violation. Under such agreement, a
decision to the FAA decisionmaker compromise order is issued following
pursuant to the procedures in subpart the payment of the agreed-on amount
G of this part. If a party files a notice or the signing of a promissory note.
of appeal pursuant to § 13.233 of subpart The compromise order states the fol-
G, the effectiveness of the initial deci- lowing:
sion is stayed until a final decision and (i) The person has paid a civil penalty
order of the Administrator have been or has signed a promissory note pro-
entered on the record. The FAA deci- viding for installment payments.
sionmaker shall review the record and (ii) The FAA makes no finding of a
issue a final decision and order of the violation.
Administrator that affirm, modify, or (iii) The compromise order shall not
reverse the initial decision. The FAA be used as evidence of a prior violation
decisionmaker may assess a civil pen- in any subsequent civil penalty pro-
alty but shall not assess a civil penalty ceeding or certificate action pro-
in an amount greater than that sought ceeding.
in the complaint. (2) An agency attorney may com-
(k) Payment. A person shall pay a promise the amount of a civil penalty
civil penalty by sending a certified proposed in a notice, assessed in an
check or money order, payable to the order, or imposed in a compromise
Federal Aviation Administration, to order.
the agency attorney. [Amdt. 13–32; 70 FR 1813, Jan. 11, 2005; 70 FR
(l) Collection of civil penalties. If an in- 2925, Jan. 18, 2005, as amended at 70 FR 8238,
dividual does not pay a civil penalty Feb. 18, 2005; 71 FR 70464, Dec. 5, 2006]
imposed by an order assessing civil
penalty or other final order, the Ad- § 13.17 Seizure of aircraft.
ministrator may take action provided (a) Under section 903 of the Federal
under the law to collect the penalty. Aviation Act of 1958 (49 U.S.C. 1473), a
(m) A party may seek review only of State or Federal law enforcement offi-
a final decision and order of the FAA cer, or a Federal Aviation Administra-
decisionmaker involving a violation of tion safety inspector, authorized in an

the Federal aviation statute or the order of seizure issued by the Regional
Federal hazardous materials transpor- Administrator of the region, or by the
46
Chief Counsel, may summarily seize an conditioned on payment of the penalty,

aircraft that is involved in a violation or the compromise amount, and the
for which a civil penalty may be im- costs of seizing, storing, and maintain-
posed on its owner or operator. ing the aircraft.
(b) Each person seizing an aircraft
under this section shall place it in the [Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as
amended by Amdt. 13–19, 54 FR 39290, Sept.
nearest available and adequate public
25, 1989; Amdt. 13–29, 62 FR 46865, Sept. 4,
storage facility in the judicial district 1997]
in which it was seized.
(c) The Regional Administrator or § 13.18 Civil penalties: Administrative
Chief Counsel, without delay, sends a assessment against an individual
written notice and a copy of this sec- acting as a pilot, flight engineer,
tion, to the registered owner of the mechanic, or repairman.
seized aircraft, and to each other per-
(a) General. (1) This section applies to
sons shown by FAA records to have an
each action in which the FAA seeks to
interest in it, stating the—
assess a civil penalty by administrative
(1) Time, date, and place of seizure;
procedures against an individual acting
(2) Name and address of the custodian
of the aircraft; as a pilot, flight engineer, mechanic, or
(3) Reasons for the seizure, including repairman, under 49 U.S.C. 46301(d)(5),
the violations believed, or judicially for a violation listed in 49 U.S.C.
determined, to have been committed; 46301(d)(2). This section does not apply
and to a civil penalty assessed for violation
(4) Amount that may be tendered of 49 U.S.C. chapter 51, or a rule, regu-
as— lation, or order issued thereunder.
(i) A compromise of a civil penalty (2) District court jurisdiction. Notwith-
for the alleged violation; or standing the provisions of paragraph
(ii) Payment for a civil penalty im- (a)(1) of this section, the United States
posed by a Federal court for a proven district courts have exclusive jurisdic-
violation. tion of any civil penalty action involv-
(d) The Chief Counsel, or the Re- ing an individual acting as a pilot,
gional Counsel or Assistant Chief flight engineer, mechanic, or repair-
Counsel for the region or area in which man for violations described in that
an aircraft is seized under this section, paragraph, under 49 U.S.C. 46301(d)(4),
immediately sends a report to the if:
United States District Attorney for the (i) The amount in controversy is
judicial district in which it was seized, more than $50,000.
requesting the District Attorney to in- (ii) The action involves an aircraft
stitute proceedings to enforce a lien subject to a lien that has been seized
against the aircraft. by the Government; or
(e) The Regional Administrator or (iii) Another action has been brought
Chief Counsel directs the release of a for an injunction based on the same
seized aircraft whenever— violation.
(1) The alleged violator pays a civil
(b) Definitions. As used in this part,
penalty or an amount agreed upon in
the following definitions apply:
compromise, and the costs of seizing,
storing, and maintaining the aircraft; (1) Flight engineer means an indi-
(2) The aircraft is seized under an vidual who holds a flight engineer cer-
order of a Federal Court in proceedings tificate issued under part 63 of this
in rem to enforce a lien against the air- chapter.
craft, or the United States District At- (2) Individual acting as a pilot, flight
torney for the judicial district con- engineer, mechanic, or repairman means
cerned notifies the FAA that the Dis- an individual acting in such capacity,
trict Attorney refuses to institute whether or not that individual holds
those proceedings; or the respective airman certificate
(3) A bond in the amount and with issued by the FAA.
the sureties prescribed by the Chief (3) Mechanic means an individual who
Counsel, the Regional Counsel, or the holds a mechanic certificate issued
Assistant Chief Counsel is deposited, under part 65 of this chapter.
47
§ 13.18 14 CFR Ch. I (1–1–17 Edition)
(4) Pilot means an individual who (3) Submit a written request for an
holds a pilot certificate issued under informal conference to discuss the
part 61 of this chapter. matter with an agency attorney and
(5) Repairman means an individual submit relevant information or docu-
who holds a repairman certificate ments.
issued under part 65 of this chapter. (4) Request that an order be issued in
(c) Delegation of authority. (1) The au- accordance with the notice of proposed
thority of the Administrator under 49 assessment so that the individual
U.S.C. 46301(d)(5), to initiate and assess charged may appeal to the National
civil penalties is delegated to the Chief Transportation Safety Board.
Counsel; the Deputy Chief Counsel for (e) Failure to respond to notice of pro-
Operations; the Assistant Chief Coun- posed assessment. An order of assess-
sel for Enforcement; Assistant Chief ment may be issued if the individual
Counsel, Europe, Africa, and Middle charged with a violation fails to re-
East Area Office; the Regional Counsel; spond to the notice of proposed assess-
the Aeronautical Center Counsel; and ment within 15 days after receipt of
the Technical Center Counsel. that notice.
(2) The authority of the Adminis- (f) Order of assessment. An order of as-
trator to refer cases to the Attorney sessment, which assesses a civil pen-
General of the United States, or the alty, may be issued for a violation de-
delegate of the Attorney General, for scribed in paragraph (a) of this section
collection of civil penalties is dele- after notice and an opportunity to an-
gated to the Chief Counsel; the Deputy swer any charges and be heard as to
Chief Counsel for Operations; the As-
why such order should not be issued.
sistant Chief Counsel for Enforcement;
(g) Appeal. Any individual who re-
Assistant Chief Counsel, Europe, Afri-
ceives an order of assessment issued
ca, and Middle East Area Office; the
Regional Counsel; the Aeronautical under this section may appeal the
Center Counsel; and the Technical Cen- order to the National Transportation
ter Counsel. Safety Board. The appeal stays the ef-
fectiveness of the Administrator’s
(3) The authority of the Adminis-
trator to compromise the amount of a order.
civil penalty under 49 U.S.C. 46301(f) is (h) Exhaustion of administrative rem-
delegated to the Chief Counsel; the edies. An individual substantially af-
Deputy Chief Counsel for Operations; fected by an order of the NTSB or the
the Assistant Chief Counsel for En- Administrator may petition for review
forcement; Assistant Chief Counsel, only of a final decision and order of the
Europe, Africa, and Middle East Area National Transportation Safety Board
Office; the Regional Counsel; the Aero- to a court of appeals of the United
nautical Center Counsel; and the Tech- States for the circuit in which the indi-
nical Center Counsel. vidual charged resides or has his or her
(d) Notice of proposed assessment. A principal place of business or the
civil penalty action is initiated by United States Court of Appeals for the
sending a notice of proposed assess- District of Columbia Circuit, under 49
ment to the individual charged with a U.S.C. 46110 and 46301(d)(6). Neither an
violation specified in paragraph (a) of order of assessment that has not been
this section. The notice of proposed as- appealed to the National Transpor-
sessment contains a statement of the tation Board, nor an order compro-
charges and the amount of the pro- mising a civil penalty action, may be
posed civil penalty. The individual appealed under those sections.
charged with a violation may do the (i) Compromise. The FAA may com-
following: promise any civil penalty action initi-
(1) Submit the amount of the pro- ated under this section, in accordance
posed civil penalty or an agreed-on with 49 U.S.C. 46301(f).
amount, in which case either an order (1) An agency attorney may com-
of assessment or a compromise order promise any civil penalty action where

will be issued in that amount. an individual charged with a violation
(2) Answer the charges in writing. agrees to pay a civil penalty and the
48
FAA agrees to make no finding of vio- that renders the aircraft ineligible for
lation. Under such agreement, a com- registration.
promise order is issued following the (b) If, as a result of such a reinspec-
payment of the agreed-on amount or tion re-examination, or other inves-
the signing of a promissory note. The tigation made by the Administrator
compromise order states the following: under section 609 of the FA Act, the
(i) The individual has paid a civil Administrator determines that the
penalty or has signed a promissory public interest and safety in air com-
note providing for installment pay- merce requires it, the Administrator
ments; may issue an order amending, sus-
(ii) The FAA makes no finding of vio- pending, or revoking, all or part of any
lation; and type certificate, production certificate,
(iii) The compromise order will not airworthiness certificate, airman cer-
be used as evidence of a prior violation tificate, air carrier operating certifi-
in any subsequent civil penalty pro- cate, air navigation facility certificate,
ceeding or certificate action pro- or air agency certificate. This author-
ceeding. ity may be exercised for remedial pur-
(2) An agency attorney may com- poses in cases involving the Hazardous
promise the amount of any civil pen- Materials Transportation Act (49
alty proposed or assessed in an order. U.S.C. 1801 et seq.) or regulations issued
(j) Payment. (1) An individual must under that Act. This authority is also
pay a civil penalty by: exercised by the Chief Counsel, the As-
(i) Sending a certified check or sistant Chief Counsel, Enforcement,
money order, payable to the Federal the Assistant Chief Counsel, Regula-
Aviation Administration, to the FAA tions, the Assistant Chief Counsel, Eu-
office identified in the order of assess- rope, Africa, and Middle East Area Of-
ment, or fice, each Regional Counsel, and the
(ii) Making an electronic funds trans- Aeronautical Center Counsel. If the Ad-
fer according to the directions speci- ministrator finds that any aircraft reg-
fied in the order of assessment. istered under Part 47 of this chapter is
(2) The civil penalty must be paid ineligible for registration, the Admin-
within 30 days after service of the order istrator issues an order suspending or
of assessment, unless an appeal is filed revoking that certificate. This author-
with the National Transportation Safe- ity as to aircraft found ineligible for
ty Board. The civil penalty must be registration is also exercised by each
paid within 30 days after a final order Regional Counsel, the Aeronautical
of the Board or the Court of Appeals af- Center Counsel, and the Assistant
firms the order of assessment in whole Chief Counsel, Europe, Africa, and Mid-
or in part. dle East Area Office.
(k) Collection of civil penalties. If an (c) Before issuing an order under
individual does not pay a civil penalty paragraph (b) of this section, the Chief
imposed by an order of assessment or Counsel, the Assistant Chief Counsel,
other final order, the Administrator Enforcement, the Assistant Chief
may take action provided under the Counsel, Regulations, the Assistant
law to collect the penalty. Chief Counsel, Europe, Africa, and Mid-
dle East Area Office, each Regional
[Amdt. 13–32; 69 FR 59497, Oct. 4, 2004] Counsel, or the Aeronautical Center
Counsel advises the certificate holder
§ 13.19 Certificate action. of the charges or other reasons upon
(a) Under section 609 of the Federal which the Administrator bases the pro-
Aviation Act of 1958 (49 U.S.C. 1429), the posed action and, except in an emer-
Administrator may reinspect any civil gency, allows the holder to answer any
aircraft, aircraft engine, propeller, ap- charges and to be heard as to why the
pliance, air navigation facility, or air certificate should not be amended, sus-
agency, and may re-examine any civil pended, or revoked. The holder may, by
airman. Under section 501(e) of the FA checking the appropriate box on the
Act, any Certificate of Aircraft Reg- form that is sent to the holder with the
istration may be suspended or revoked notice of proposed certificate action,
by the Administrator for any cause elect to—
49
§ 13.20 14 CFR Ch. I (1–1–17 Edition)
(1) Admit the charges and surrender the advice. This paragraph does not
his or her certificate; apply to any person whose Certificate
(2) Answer the charges in writing; of Aircraft Registration is affected by
(3) Request that an order be issued in an order issued under this section.
accordance with the notice of proposed
certificate action so that the certifi- [Doc. No. 13–14, 44 FR 63723, Nov. 5, 1979, as
amended by Amdt. 13–15, 45 FR 20773, Mar. 31,
cate holder may appeal to the National
1980; Amdt. 13–19, 54 FR 39290, Sept. 25, 1989;
Transportation Safety Board, if the Amdt. 13–29, 62 FR 46865, Sept. 4, 1997; 75 FR
charges concerning a matter under 41979, July 20, 2010]
Title VI of the FA Act;
(4) Request an opportunity to be § 13.20 Orders of compliance, cease
heard in an informal conference with and desist orders, orders of denial,
the FAA counsel; or and other orders.
(5) Request a hearing in accordance (a) This section applies to orders of
with Subpart D of this part if the
compliance, cease and desist orders, or-
charges concern a matter under Title V
ders of denial, and other orders issued
of the FA Act.
by the Administrator to carry out the
Except as provided in § 13.35(b), unless provisions of the Federal Aviation Act
the certificate holder returns the form of 1958, as amended, the Hazardous Ma-
and, where required, an answer or mo- terials Transportation Act, the Airport
tion, with a postmark of not later than and Airway Development Act of 1970,
15 days after the date of receipt of the and the Airport and Airway Improve-
notice, the order of the Administrator ment Act of 1982, or the Airport and
is issued as proposed. If the certificate Airway Improvement Act of 1982 as
holder has requested an informal con- amended by the Airport and Airway
ference with the FAA counsel and the Safety and Capacity Expansion Act of
charges concern a matter under Title V 1987. This section does not apply to or-
of the FA Act, the holder may after ders issued pursuant to section 602 or
that conference also request a formal section 609 of the Federal Aviation Act
hearing in writing with a postmark of of 1958, as amended.
not later than 10 days after the close of (b) Unless the Administrator deter-
the conference. After considering any mines that an emergency exists and
information submitted by the certifi- safety in air commerce requires the
cate holder, the Chief Counsel, the As- immediate issuance of an order under
sistant Chief Counsel for Regulations this section, the person subject to the
and Enforcement, the Regional Counsel order shall be provided with notice
concerned, or the Aeronautical Center prior to issuance.
Counsel (as to matters under Title V of
(c) Within 30 days after service of the
the FA Act) issues the order of the Ad-
notice, the person subject to the order
ministrator, except that if the holder
may’’
has made a valid request for a formal
hearing on a matter under Title V of (1) Request an opportunity to be
the FA Act initially or after an infor- heard in an informal conference with
mal conference, Subpart D of this part an FAA attorney;
governs further proceedings. (2) Reply in writing; or
(d) Any person whose certificate is (3) Request a hearing in accordance
affected by an order issued under this with subpart D of this part.
section may appeal to the National (d) If an informal conference is held
Transportation Safety Board. If the or a reply is filed, as to any charges
certificate holder files an appeal with not withdrawn or not subject to a con-
the Board, the Administrator’s order is sent order, the person subject to the
stayed unless the Administrator ad- order may, within 10 days after receipt
vises the Board that an emergency ex- of notice that the remaining charges
ists and safety in air commerce re- are not withdrawn, request a hearing
quires that the order become effective in accordance with subpart D of this
immediately. If the Board is so advised, part.
the order remains effective and the (e) Failure to request a hearing with-
Board shall finally dispose of the ap- in the period provided in paragraphs (c)
peal within 60 days after the date of or (d) of this section—
50
(1) Constitutes a waiver of the right (l) Except in the case of an appeal
to appeal and the right to a hearing, from the decision of a Hearing Officer,
and the authority of the Administrator
(2) Authorizes the official who issued under this section is also exercised by
the notice to find the facts to be as al- the Chief Counsel, Deputy Chief Coun-
leged in the notice, or as modified as sel, each Assistant Chief Counsel, each
the official may determine necessary Regional Counsel, and the Aero-
based on any written response, and to nautical Center Counsel (as to matters
issue an appropriate order, without fur- under Title V of the Federal Aviation
ther notice or proceedings. Act of 1958).
(f) If a hearing is requested in accord- (m) Filing and service of documents
ance with paragraph (c) or (d) of this under this section shall be accom-
section, the procedure of Subpart D of plished in accordance with § 13.43; and
this part applies. At the close of the the periods of time specified in this
hearing, the Hearing Officer, on the section shall be computed in accord-
record or subsequently in writing, shall ance with § 13.44.
set forth findings and conclusions and [Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as
the reasons therefor, and either— amended by Amdt. 13–17, 53 FR 33783, Aug. 31,
(1) Dismiss the notice; or 1988; Amdt. 13–19, 54 FR 39290, Sept. 25, 1989;
Amdt. 13–29, 62 FR 46865, Sept. 4, 1997; Amdt.
(2) Issue an order. 13–36, 79 FR 46967, Aug. 12, 2014]
(g) Any party to the hearing may ap-
peal from the order of the Hearing Offi- § 13.21 Military personnel.
cer by filing a notice of appeal with the If a report made under this part indi-
Administrator within 20 days after the cates that, while performing official
date of issuance of the order. duties, a member of the Armed Forces,
(h) If a notice of appeal is not filed or a civilian employee of the Depart-
from the order issued by a Hearing Of- ment of Defense who is subject to the
ficer, such order is the final agency Uniform Code of Military Justice (10
order. U.S.C. Ch. 47), has violated the Federal
(i) Any person filing an appeal au- Aviation Act of 1958, or a regulation or
thorized by paragraph (g) of this sec- order issued under it, the Chief Coun-
tion shall file an appeal brief with the sel, the Assistant Chief Counsel, En-
Administrator within 40 days after the forcement, the Assistant Chief Counsel,
date of issuance of the order, and serve Regulations, the Assistant Chief Coun-
a copy on the other party. A reply brief sel, Europe, Africa, and Middle East
must be filed within 20 days after serv- Area Office, each Regional Counsel,
ice of the appeal brief and a copy and the Aeronautical Center Counsel
served on the appellant. send a copy of the report to the appro-
(j) On appeal the Administrator re- priate military authority for such dis-
views the available record of the pro- ciplinary action as that authority con-
ceeding, and issues an order dismissing, siders appropriate and a report to the
reversing, modifying or affirming the Administrator thereon.
order. The Administrator’s order in-
[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as
cludes the reasons for the Administra-
tor’s action. 25, 1989; Amdt. 13–29, 62 FR 46866, Sept. 4,
(k) For good cause shown, requests 1997]
for extensions of time to file any docu-
ment under this section may be grant- § 13.23 Criminal penalties.
ed by— (a) Sections 902 and 1203 of the Fed-
(1) The official who issued the order, eral Aviation Act of 1958 (49 U.S.C. 1472
if the request is filed prior to the des- and 1523), provide criminal penalties
ignation of a Hearing Officer; or for any person who knowingly and will-
(2) The Hearing Officer, if the request fully violates specified provisions of
is filed prior to the filing of a notice of that Act, or any regulation or order
appeal; or issued under those provisions. Section
(3) The Administrator, if the request 110(b) of the Hazardous Materials

is filed after the filing of a notice of ap- Transportation Act (49 U.S.C. 1809(b))
peal. provides for a criminal penalty of a
51
§ 13.25 14 CFR Ch. I (1–1–17 Edition)
fine of not more than $25,000, imprison- tion in the appropriate United States
ment for not more than five years, or District Court for such relief as is nec-
both, for any person who willfully vio- essary or appropriate, including man-
lates a provision of that Act or a regu- datory or prohibitive injunctive relief,
lation or order issued under it. interim equitable relief, and punitive
(b) If an inspector or other employee damages, as provided by section 1007 of
of the FAA becomes aware of a possible the Federal Aviation Act of 1958 (49
violation of any criminal provision of U.S.C. 1487) and section 111(a) of the
the Federal Aviation Act of 1958 (ex- Hazardous Materials Transportation
cept a violation of section 902 (i) Act (49 U.S.C. 1810).
through (m) which is reported directly (b) Whenever it is determined that
to the Federal Bureau of Investiga- there is substantial likelihood that
tion), or of the Hazardous Materials death, serious illness, or severe per-
Transportation Act, relating to the sonal injury, will result from the trans-
transportation or shipment by air of portation by air of a particular haz-
hazardous materials, he or she shall re- ardous material before an order of com-
port it to the Office of the Chief Coun- pliance proceeding, or other adminis-
sel or the Regional Counsel or Assist- trative hearing or formal proceeding to
ant Chief Counsel for the region or area abate the risk of the harm can be com-
concerned. If appropriate, that office pleted, the Chief Counsel, the Assistant
refers the report to the Department of Chief Counsel, Enforcement, the As-
Justice for criminal prosecution of the sistant Chief Counsel, Regulations, the
offender. If such an inspector or other Assistant Chief Counsel, Europe, Afri-
employee becomes aware of a possible ca, and Middle East Area Office, each
violation of a Federal statute that is Regional Counsel, and the Aero-
within the investigatory jurisdiction of nautical Center Counsel may bring, or
another Federal agency, he or she shall request the United States Attorney
immediately report it to that agency General to bring, an action in the ap-
according to standard FAA practices. propriate United States District Court
[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as for an order suspending or restricting
amended by Amdt. 13–19, 54 FR 39290, Sept. the transportation by air of the haz-
25, 1989; Amdt. 13–29, 62 FR 46866, Sept. 4, ardous material or for such other order
1997] as is necessary to eliminate or amelio-
rate the imminent hazard, as provided
§ 13.25 Injunctions. by section 111(b) of the Hazardous Ma-
(a) Whenever it is determined that a terials Transportation Act (49 U.S.C.
person has engaged, or is about to en- 1810).
gage, in any act or practice consti-
[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as
tuting a violation of the Federal Avia- amended by Amdt. 13–19, 54 FR 39290, Sept.
tion Act of 1958, or any regulation or 25, 1989; Amdt. 13–29, 62 FR 46866, Sept. 4,
order issued under it for which the 1997]
FAA exercises enforcement responsi-
bility, or, with respect to the transpor- § 13.27 Final order of Hearing Officer
tation or shipment by air of any haz- in certificate of aircraft registration
ardous materials, in any act or prac- proceedings.
tice constituting a violation of the (a) If, in proceedings under section
Hazardous Materials Transportation 501(b) of the Federal Aviation Act of
Act, or any regulation or order issued 1958 (49 U.S.C. 1401), the Hearing Officer
under it for which the FAA exercises determines that the aircraft is ineli-
enforcement responsibility, the Chief gible for a Certificate of Aircraft Reg-
Counsel, the Assistant Chief Counsel, istration, the Hearing Officer shall sus-
Enforcement, the Assistant Chief pend or revoke the respondent’s certifi-
Counsel, Regulations, the Assistant cate, as proposed in the notice of pro-
Chief Counsel, Europe, Africa, and Mid- posed certificate action.
dle East Area Office, each Regional (b) If the final order of the Hearing
Counsel, and the Aeronautical Center Officer makes a decision on the merits,
Counsel may request the United States it shall contain a statement of the
Attorney General, or the delegate of findings and conclusions of law on all
the Attorney General, to bring an ac- material issues of fact and law. If the
52
Hearing Officer finds that the allega- contains a statement of the charges
tions of the notice have been proven, and the amount of the proposed civil
but that no sanction is required, the penalty. Not later than 30 days after
Hearing Officer shall make appropriate receipt of the notice of violation, the
findings and issue an order terminating person charged with a violation shall:
the notice. If the Hearing Officer finds (1) Submit the amount of the pro-
that the allegations of the notice have posed civil penalty or an agreed-upon
not been proven, the Hearing Officer amount, in which case either an order
shall issue an order dismissing the no- assessing a civil penalty or a com-
tice. If the Hearing Officer finds it to promise order shall be issued in that
be equitable and in the public interest, amount; or
the Hearing Officer shall issue an order (2) Submit to the agency attorney
terminating the proceeding upon pay- identified in the material accom-
ment by the respondent of a civil pen- panying the notice any of the fol-
alty in an amount agreed upon by the lowing:
parties. (i) Written information, including
(c) If the order is issued in writing, it documents and witness statements,
shall be served upon the parties. demonstrating that a violation of the
[Doc. No. 13–14, 44 FR 63723, Nov. 5, 1979, as
regulations did not occur or that a pen-
amended by Amdt. 13–15, 45 FR 20773, Mar. 31, alty or the penalty amount is not war-
1980; Amdt. 13–34, 75 FR 41979, July 20, 2010] ranted by the circumstances; or
(ii) A written request to reduce the
§ 13.29 Civil penalties: Streamlined en- proposed civil penalty, the amount of
forcement procedures for certain reduction, and the reasons and any
security violations. documents supporting a reduction of
This section may be used, at the the proposed civil penalty, including
agency’s discretion, in enforcement ac- records indicating a financial inability
tions involving individuals presenting to pay or records showing that pay-
dangerous or deadly weapons for ment of the proposed civil penalty
screening at airports or in checked would prevent the person from con-
baggage where the amount of the pro- tinuing in business; or
posed civil penalty is less than $5,000. (iii) A written request for an infor-
In these cases, sections 13.16(a), mal conference to discuss the matter
13.16(c), and 13.16 (f) through (l) of this with an agency attorney and submit
chapter are used, as well as paragraphs relevant information or documents; or
(a) through (d) of this section: (3) Request a hearing in which case a
(a) Delegation of authority. The au- complaint shall be filed with the hear-
thority of the Administrator, under 49 ing docket clerk.
U.S.C. 46301, to initiate the assessment (c) Final notice of violation and civil
of civil penalties for a violation of 49 penalty assessment order. A final notice
U.S.C. Subtitle VII, or a rule, regula- of violation and civil penalty assess-
tion, or order issued thereunder, is del- ment order (‘‘final notice and order’’)
egated to the regional Civil Aviation may be issued after participation in
Security Division Manager and the re- any informal proceedings as provided
gional Civil Aviation Security Deputy in paragraph (b)(2) of this section, or
Division Manager for the purpose of after failure of the respondent to re-
issuing notices of violation in cases in- spond in a timely manner to a notice of
volving violations of 49 U.S.C. Subtitle violation. A final notice and order will
VII and the FAA’s regulations by indi- be sent to the individual charged with
viduals presenting dangerous or deadly a violation. The final notice and order
weapons for screening at airport check- will contain a statement of the charges
points or in checked baggage. This au- and the amount of the proposed civil
thority may not be delegated below the penalty and, as a result of information
level of the regional Civil Aviation Se- submitted to the agency attorney dur-
curity Deputy Division Manager. ing any informal procedures, may re-
(b) Notice of violation. A civil penalty flect a modified allegation or proposed
action is initiated by sending a notice civil penalty.

of violation to the person charged with A final notice and order may be
the violation. The notice of violation issued—
53
§ 13.31 14 CFR Ch. I (1–1–17 Edition)
(1) If the person charged with a viola- if an administrative law judge finds
tion fails to respond to the notice of that an alleged violation occurred and
violation within 30 days after receipt of determines that a civil penalty, in an
that notice; or amount found to be appropriate by the
(2) If the parties participated in any administrative law judge, is warranted.
informal procedures under paragraph (6) Unless a petition for review is
(b)(2) of this section and the parties filed with a U.S. Court of Appeals in a
have not agreed to compromise the ac- timely manner, a final decision and
tion or the agency attorney has not order of the Administrator shall be
agreed to withdraw the notice of viola- considered an order assessing civil pen-
tion. alty if the FAA decisionmaker finds
(d) Order assessing civil penalty. An that an alleged violation occurred and
order assessing civil penalty may be a civil penalty is warranted.
issued after notice and opportunity for [Doc. No. 27873, 61 FR 44155, Aug. 28, 1996]
a hearing. A person charged with a vio-
lation may be subject to an order as-
sessing civil penalty in the following
Subpart D—Rules of Practice for
circumstances: FAA Hearings
(1) An order assessing civil penalty § 13.31 Applicability.
may be issued if a person charged with
a violation submits, or agrees to sub- This subpart applies to proceedings
mit, the amount of civil penalty pro- in which a hearing has been requested
posed in the notice of violation. in accordance with §§ 13.19(c)(5),
(2) An order assessing civil penalty 13.20(c), 13.20(d), 13.75(a)(2), 13.75(b), or
may be issued if a person charged with 13.81(e).
a violation submits, or agrees to sub- [Amdt. 13–18, 53 FR 34655, Sept. 7, 1988]
mit, an agreed-upon amount of civil
penalty that is not reflected in either § 13.33 Appearances.
the notice of violation or the final no- Any party to a proceeding under this
tice and order. subpart may appear and be heard in
(3) The final notice and order be- person or by attorney.
comes (and contains a statement so in-
dicating) an order assessing a civil pen- § 13.35 Request for hearing.
alty when the person charged with a (a) A request for hearing must be
violation submits the amount of the made in writing and filed in the Hear-
proposed civil penalty that is reflected ing Docket.
in the final notice and order. (1) If delivery is in person, or by expe-
(4) The final notice and order be- dited courier service. A person delivering
comes (and contains a statement so in- the request for hearing in person or
dicating) an order assessing a civil pen- sending the request for hearing by
alty 16 days after receipt of the final commercial expedited courier (for ex-
notice and order, unless not later than ample, Federal Express or United Par-
15 days after receipt of the final notice cel Service), should use the following
and order, the person charged with a address: Federal Aviation Administra-
violation does one of the following— tion, 600 Independence Avenue, SW.,
(i) Submits an agreed-upon amount Wilbur Wright Building—Suite 2W1000,
of civil penalty that is not reflected in Washington, DC 20591; Attention: Hear-
the final notice and order, in which ing Docket Clerk, AGC–430.
case an order assessing civil penalty or (2) If delivery is by U.S. Mail: If the re-
a compromise order shall be issued in quest for hearing is sent by U.S. Mail,
that amount; or then it should be addressed as follows:
(ii) Requests a hearing in which case Federal Aviation Administration, 800
a complaint shall be filed with the Independence Avenue, SW., Wash-
hearing docket clerk. ington, DC 20591: Attention: Hearing
(5) Unless an appeal is filed with the Docket Clerk, AGC–430, Wilbur Wright
FAA decisionmaker in a timely man- Building—Suite 2W1000.
ner, an initial decision or order of an (b) The request for hearing must de-
administrative law judge shall be con- scribe the action proposed by the FAA,
sidered an order assessing civil penalty and must contain a statement that a
54
hearing is requested. A copy of the re- to the proceedings by the person filing
quest for hearing and a copy of the an- them.
swer required by paragraph (c) of this (b) Service may be made by personal
section must be served on the official delivery or by mail.
who issued the notice of proposed ac- (c) A certificate of service shall ac-
tion. company all documents when they are
(c) An answer to the notice of pro- tendered for filing and shall consist of
posed action must be filed with the re- a certificate of personal delivery or a
quest for hearing. All allegations in the certificate of mailing, executed by the
notice not specifically denied in the person making the personal delivery or
answer are deemed admitted. mailing the document.
(d) Within 15 days after service of the (d) Whenever proof of service by mail
copy of the request for hearing, the of-
is made, the date of mailing or the date
ficial who issued the notice of proposed
as shown on the postmark shall be the
action forwards a copy of that notice,
date of service, and where personal
which serves as the complaint, to the
Hearing Docket. service is made, the date of personal
delivery shall be the date of service.
[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as (e) The date of filing is the date the
amended by Amdt. 13–19, 54 FR 39290, Sept. document is actually received.
25, 1989; 71 FR 70464, Dec. 5, 2006]
§ 13.44 Computation of time and exten-
§ 13.37 Hearing Officer’s powers. sion of time.
Any Hearing Officer may—
(a) In computing any period of time
(a) Give notice concerning, and hold,
prescribed or allowed by this subpart,
prehearing conferences and hearings;
the date of the act, event, default, no-
(b) Administrator oaths and affirma-
tice or order after which the designated
tions;
period of time begins to run is not to
(c) Examine witnesses;
be included in the computation. The
(d) Adopt procedures for the submis-
last day of the period so computed is to
sion of evidence in written form;
be included unless it is a Saturday,
(e) Issue subpoenas and take deposi-
Sunday, or legal holiday for the FAA,
tions or cause them to be taken;
in which event the period runs until
(f) Rule on offers of proof;
the end of the next day which is nei-
(g) Receive evidence;
ther a Saturday, Sunday nor a legal
(h) Regulate the course of the hear- holiday.
ing;
(b) Upon written request filed with
(i) Hold conferences, before and dur-
the Hearing Docket and served upon all
ing the hearing, to settle and simplify
parties, and for good cause shown, a
issues by consent of the parties;
Hearing Officer may grant an extension
(j) Dispose of procedural requests and
of time to file any documents specified
similar matters; and
in this subpart.
(k) Issue decisions, make findings of
fact, make assessments, and issue or- § 13.45 Amendment of notice and an-
ders, as appropriate. swer.
§ 13.39 Disqualification of Hearing Of- At any time more than 10 days before
ficer. the date of hearing, any party may
If disqualified for any reason, the amend his or her notice, answer, or
Hearing Officer shall withdraw from other pleading, by filing the amend-
the case. ment with the Hearing Officer and
serving a copy of it on each other
§ 13.41 [Reserved] party. After that time, amendments
may be allowed only in the discretion
§ 13.43 Service and filing of pleadings, of the Hearing Officer. If an amend-
motions, and documents. ment to an initial pleading has been al-
(a) Copies of all pleadings, motions, lowed, the Hearing Officer shall allow
and documents filed with the Hearing the other parties a reasonable oppor-
Docket must be served upon all parties tunity to answer.
55
§ 13.47 14 CFR Ch. I (1–1–17 Edition)
§ 13.47 Withdrawal of notice or request Any objection that is not so raised is

for hearing. considered to be waived.
At any time before the hearing, the (h) Answers to motions. Any party
FAA counsel may withdraw the notice may file an answer to any motion
of proposed action, and the party re- under this section within 5 days after
questing the hearing may withdraw the service of the motion.
request for hearing.
§ 13.51 Intervention.
§ 13.49 Motions. Any person may move for leave to in-
(a) Motion to dismiss for insufficiency. tervene in a proceeding and may be-
A respondent who requests a formal come a party thereto, if the Hearing
hearing may, in place of an answer, file Officer, after the case is sent to the
a motion to dismiss for failure of the Hearing Officer for hearing, finds that
allegations in the notice of proposed the person may be bound by the order
action to state a violation of the FA to be issued in the proceedings or has a
Act or of this chapter or to show lack property or financial interest that may
of qualification of the respondent. If not be adequately represented by exist-
the Hearing Officer denies the motion, ing parties, and that the intervention
the respondent shall file an answer will not unduly broaden the issues or
within 10 days. delay the proceedings. Except for good
(b) [Reserved] cause shown, a motion for leave to in-
(c) Motion for more definite statement. tervene may not be considered if it is
The certificate holder may, in place of filed less than 10 days before the hear-
an answer, file a motion that the alle- ing.
gations in the notice be made more
definite and certain. If the Hearing Of- § 13.53 Depositions.
ficer grants the motion, the FAA coun- After the respondent has filed a re-
sel shall comply within 10 days after
quest for hearing and an answer, either
the date it is granted. If the Hearing
party may take testimony by deposi-
Officer denies the motion the certifi-
tion in accordance with section 1004 of
cate holder shall file an answer within
the Federal Aviation Act of 1958 (49
10 days after the date it is denied.
U.S.C. 1484) or Rule 26, Federal Rules of
(d) Motion for judgment on the plead-
Civil Procedure.
ings. After the pleadings are closed, ei-
ther party may move for a judgment on § 13.55 Notice of hearing.
the pleadings.
(e) Motion to strike. Upon motion of The Hearing Officer shall set a rea-
either party, the Hearing Officer may sonable date, time, and place for the
order stricken, from any pleadings, any hearing, and shall give the parties ade-
insufficient allegation or defense, or quate notice thereof and of the nature
any immaterial, impertinent, or scan- of the hearing. Due regard shall be
dalous matter. given to the convenience of the parties
(f) Motion for production of documents. with respect to the place of the hear-
Upon motion of any party showing ing.
good cause, the Hearing Officer may, in
the manner provided by Rule 34, Fed- § 13.57 Subpoenas and witness fees.
eral Rules of Civil Procedure, order any (a) The Hearing Officer to whom a
party to produce any designated docu- case is assigned may, upon application
ment, paper, book, account, letter, by any party to the proceeding, issue
photograph, object, or other tangible subpoenas requiring the attendance of
thing, that is not privileged, that con- witnesses or the production of docu-
stitutes or contains evidence relevant mentary or tangible evidence at a hear-
to the subject matter of the hearings, ing or for the purpose of taking deposi-
and that is in the party’s possession, tions. However, the application for pro-
custody, or control. ducing evidence must show its general
(g) Consolidation of motions. A party relevance and reasonable scope. This
who makes a motion under this section paragraph does not apply to the at-
shall join with it all other motions tendance of FAA employees or to the
that are then available to the party. production of documentary evidence in
56
the custody of such an employee at a § 13.61 Argument and submittals.

hearing.
The Hearing Officer shall give the
(b) A person who applies for the pro-
parties adequate opportunity to
duction of a document in the custody
present arguments in support of mo-
of an FAA employee must follow the
tions, objections, and the final order.
procedure in § 13.49(f). A person who ap-
plies for the attendance of an FAA em- The Hearing Officer may determine
ployee must send the application, in whether arguments are to be oral or
writing, to the Hearing Officer setting written. At the end of the hearing the
forth the need for that employee’s at- Hearing Officer may, in the discretion
tendance. of the Hearing Officer, allow each party
(c) A witness in a proceeding under to submit written proposed findings
this subpart is entitled to the same and conclusions and supporting reasons
fees and mileage as is paid to a witness for them.
in a court of the United States under
comparable circumstances. The party § 13.63 Record.
at whose instance the witness is sub- The testimony and exhibits presented
poenaed or appears shall pay the wit- at a hearing, together with all papers,
ness fees. requests, and rulings filed in the pro-
(d) Notwithstanding the provisions of ceedings are the exclusive basis for the
paragraph (c) of this section, the FAA issuance of an order. Either party may
pays the witness fees and mileage if the obtain a transcript from the official re-
Hearing Officer who issued the sub- porter upon payment of the fees fixed
poena determines, on the basis of a therefor.
written request and good cause shown,
that—
(1) The presence of the witness will
Subpart E—Orders of Compliance
materially advance the proceeding; and Under the Hazardous Mate-
(2) The party at whose instance the rials Transportation Act
witness is subpoenaed would suffer a
serious hardship if required to pay the § 13.71 Applicability.
witness fees and mileage. Whenever the Chief Counsel, the As-
sistant Chief Counsel, Enforcement,
§ 13.59 Evidence. the Assistant Chief Counsel, Europe,
(a) Each party to a hearing may Africa, and Middle East Area Office, or
present the party’s case or defense by a Regional Counsel has reason to be-
oral or documentary evidence, submit lieve that a person is engaging in the
evidence in rebuttal, and conduct such transportation or shipment by air of
cross-examination as may be needed hazardous materials in violation of the
for a full disclosure of the facts. Hazardous Materials Transportation
(b) Except with respect to affirma- Act, or any regulation or order issued
tive defenses and orders of denial, the under it for which the FAA exercises
burden of proof is upon the FAA coun- enforcement responsibility, and the
sel. circumstances do not require the
(c) The Hearing Officer may order in- issuance of an order of immediate com-
formation contained in any report or pliance, he may conduct proceedings
document filed or in any testimony pursuant to section 109 of that Act (49
given pursuant to this subpart with- U.S.C. 1808) to determine the nature
held from public disclosure when, in and extent of the violation, and may
the judgment of the Hearing Officer, thereafter issue an order directing
disclosure would adversely affect the compliance.
interests of any person and is not re-
quired in the public interest or is not [Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as
otherwise required by statute to be amended by Amdt. 13–19, 54 FR 39290, Sept.
made available to the public. Any per- 25, 1989; Amdt. 13–29, 62 FR 46866, Sept. 4,
son may make written objection to the 1997]

public disclosure of such information,
stating the ground for such objection.
57
§ 13.73 14 CFR Ch. I (1–1–17 Edition)
§ 13.73 Notice of proposed order of (1) A proposed order of compliance;

compliance. (2) An admission of all jurisdictional
A compliance order proceeding com- facts;
mences when the Chief Counsel, the As- (3) An express waiver of right to fur-
sistant Chief Counsel, Enforcement, ther procedural steps and of all rights
the Assistant Chief Counsel, Europe, to judicial review;
Africa, and Middle East Area Office, or (4) An incorporation by reference of
a Regional Counsel sends the alleged the notice and an acknowledgement
violator a notice of proposed order of that the notice may be used to con-
compliance advising the alleged viola- strue the terms of the order of compli-
tor of the charges and setting forth the ance; and
remedial action sought in the form of a (5) If the issuance of a consent order
proposed order of compliance. has been agreed upon after the filing of
a request for hearing in accordance
[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as with subpart D of this part, the pro-
25, 1989; Amdt. 13–29, 62 FR 46866, Sept. 4,
posal for a consent order shall include
1997] a request to be filed with the Hearing
Officer withdrawing the request for a
§ 13.75 Reply or request for hearing. hearing and requesting that the case be
(a) Within 30 days after service upon dismissed.
the alleged violator of a notice of pro- § 13.79 Hearing.
posed order of compliance, the alleged
violator may— If an alleged violator requests a hear-
(1) File a reply in writing with the of- ing in accordance with § 13.75, the pro-
ficial who issued the notice; or cedure of subpart D of this part applies.
(2) Request a hearing in accordance At the close of the hearing, the Hear-
with subpart D of this part. ing Officer, on the record or subse-
(b) If a reply is filed, as to any quently in writing, sets forth the Hear-
charges not dismissed or not subject to ing Officer’s findings and conclusion
a consent order of compliance, the al- and the reasons therefor, and either—
leged violator may, within 10 days (a) Dismisses the notice of proposed
after receipt of notice that the remain- order of compliance; or
ing charges are not dismissed, request (b) Issues an order of compliance.
a hearing in accordance with subpart D
of this part. § 13.81 Order of immediate compli-
(c) Failure of the alleged violator to ance.
file a reply or request a hearing within (a) Notwithstanding §§ 13.73 through
the period provided in paragraph (a) or 13.79, the Chief Counsel, the Assistant
(b) of this section— Chief Counsel, Enforcement, the As-
(1) Constitutes a waiver of the right sistant Chief Counsel, Europe, Africa,
to a hearing and the right to an appeal, and Middle East Area Office, or a Re-
and gional Counsel may issue an order of
(2) Authorizes the official who issued immediate compliance, which is effec-
the notice to find the facts to be as al- tive upon issuance, if the person who
leged in the notice and to issue an ap- issues the order finds that—
propriate order directing compliance, (1) There is strong probability that a
without further notice or proceedings. violation is occurring or is about to
occur;
§ 13.77 Consent order of compliance. (2) The violation poses a substantial
(a) At any time before the issuance of risk to health or to safety of life or
an order of compliance, the official property; and
who issued the notice and the alleged (3) The public interest requires the
violator may agree to dispose of the avoidance or amelioration of that risk
case by the issuance of a consent order through immediate compliance and
of compliance by the official. waiver of the procedures afforded under
(b) A proposal for a consent order §§ 13.73 through 13.79.
submitted to the official who issued (b) An order of immediate compli-

the notice under this section must in- ance is served promptly upon the per-
clude— son against whom the order is issued
58
by telephone or telegram, and a writ- § 13.83 Appeal.

ten statement of the relevant facts and
(a) Any party to the hearing may ap-
the legal basis for the order, including
peal from the order of the Hearing Offi-
the findings required by paragraph (a)
cer by filing a notice of appeal with the
of this section, is served promptly by
Administrator within 20 days after the
personal service or by mail.
date of issuance of the order.
(c) The official who issued the order
(b) Any person against whom an
of immediate compliance may rescind
or suspend the order if it appears that order of immediate compliance has
the criteria set forth in paragraph (a) been issued in accordance with § 13.81
of this section are no longer satisfied, or the official who issued the order of
and, when appropriate, may issue a no- immediate compliance may appeal
tice of proposed order of compliance from the order of the Hearing Officer
under § 13.73 in lieu thereof. by filing a notice of appeal with the
(d) If at any time in the course of a Administrator within three days after
proceeding commenced in accordance the date of issuance of the order by the
with § 13.73 the criteria set forth in Hearing Officer.
paragraph (a) of this section are satis- (c) Unless the Administrator ex-
fied, the official who issued the notice pressly so provides, the filing of a no-
may issue an order of immediate com- tice of appeal does not stay the effec-
pliance, even if the period for filing a tiveness of an order of immediate com-
reply or requesting a hearing specified pliance.
in § 13.75 has not expired. (d) If a notice of appeal is not filed
(e) Within three days after receipt of from the order of compliance issued by
service of an order of immediate com- a Hearing Officer, such order is the
pliance, the alleged violator may re- final agency order of compliance.
quest a hearing in accordance with (e) Any person filing an appeal au-
Subpart D of this part and the proce- thorized by paragraph (a) of this sec-
dure in that subpart will apply except tion shall file an appeal brief with the
that— Administrator within 40 days after the
(1) The case will be heard within fif- date of the issuance of the order, and
teen days after the date of the order of serve a copy on the other party. Any
immediate compliance unless the al- reply brief must be filed within 20 days
leged violator requests a later date; after service of the appeal brief. A copy
(2) The order will serve as the com- of the reply brief must be served on the
plaint; and appellant.
(3) The Hearing Officer shall issue his (f) Any person filing an appeal au-
decision and order dismissing, revers- thorized by paragraph (b) of this sec-
ing, modifying, or affirming the order tion shall file an appeal brief with the
of immediate compliance on the record Administrator with the notice of ap-
at the close of the hearing. peal and serve a copy on the other
(f) The filing of a request for hearing party. Any reply brief must be filed
in accordance with paragraph (e) of within 3 days after receipt of the ap-
this section does not stay the effective- peal brief. A copy of the reply brief
ness of an order of immediate compli- must be served on the appellant.
ance. (g) On appeal the Administrator re-
(g) At any time after an order of im- views the available record of the pro-
mediate compliance has become effec- ceeding, and issues an order dismissing,
tive, the official who issued the order reversing, modifying or affirming the
may request the United States Attor- order of compliance or the order of im-
ney General, or the delegate of the At- mediate compliance. The Administra-
torney General, to bring an action for tor’s order includes the reasons for the
appropriate relief in accordance with action.
§ 13.25. (h) In cases involving an order of im-
mediate compliance, the Administra-
[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as

amended by Amdt. 13–19, 54 FR 39290, Sept. tor’s order on appeal is issued within
25, 1989; Amdt. 13–29, 62 FR 46866, Sept. 4, ten days after the filing of the notice of
1997] appeal.
59
§ 13.85 14 CFR Ch. I (1–1–17 Edition)
§ 13.85 Filing, service and computation § 13.105 Notification.

of time.
Any person under investigation and
Filing and service of documents any person required to testify and
under this subpart shall be accom- produce documentary or physical evi-
plished in accordance with § 13.43 ex- dence during the investigation will be
cept service of orders of immediate advised of the purpose of the investiga-
compliance under § 13.81(b); and the pe- tion, and of the place where the inves-
riods of time specified in this subpart tigative proceeding or deposition will
shall be computed in accordance with be convened. This may be accomplished
§ 13.44. by a notice of investigation or by a
subpoena. A copy of the order of inves-
§ 13.87 Extension of time. tigation may be sent to such persons,
(a) The official who issued the notice when appropriate.
of proposed order of compliance, for
good cause shown, may grant an exten- § 13.107 Designation of additional par-
sion of time to file any document spec- ties.
ified in this subpart, except documents (a) The Presiding Officer may des-
to be filed with the Administrator. ignate additional persons as parties to
(b) Extensions of time to file docu- the investigation, if in the discretion of
ments with the Administrator may be the Presiding Officer, it will aid in the
granted by the Administrator upon conduct of the investigation.
written request, served upon all par- (b) The Presiding Officer may des-
ties, and for good cause shown. ignate any person as a party to the in-
vestigation if that person—
Subpart F—Formal Fact-Finding In- (1) Petitions the Presiding Officer to
vestigation Under an Order of participate as a party; and
Investigation (2) Is so situated that the disposition
of the investigation may as a practical
§ 13.101 Applicability. matter impair the ability to protect
(a) This subpart applies to fact-find- that person’s interest unless allowed to
ing investigations in which an order of participate as a party, and
investigation has been issued under (3) Is not adequately represented by
§ 13.3(c) or § 13.5(i) of this part. existing parties.
(b) This subpart does not limit the
authority of duly designated persons to § 13.109 Convening the investigation.
issue subpoenas, administer oaths, ex- The investigation shall be conducted
amine witnesses and receive evidence at such place or places designated by
in any informal investigation as pro- the Presiding Officer, and as conven-
vided for in sections 313 and 1004(a) of ient to the parties involved as expedi-
the Federal Aviation Act (49 U.S.C. 1354 tious and efficient handling of the in-
and 1484(a)) and section 109(a) of the vestigation permits.
Hazardous Materials Transportation
Act (49 U.S.C. 1808(a)). § 13.111 Subpoenas.
(a) Upon motion of the Presiding Of-
§ 13.103 Order of investigation. ficer, or upon the request of a party to
The order of investigation— the investigation, the Presiding Officer
(a) Defines the scope of the investiga- may issue a subpoena directing any
tion by describing the information person to appear at a designated time
sought in terms of its subject matter and place to testify or to produce docu-
or its relevancy to specified FAA func- mentary or physical evidence relating
tions; to any matter under investigation.
(b) Sets forth the form of the inves- (b) Subpoenas shall be served by per-
tigation which may be either by indi- sonal service, or upon an agent des-
vidual deposition or investigative pro- ignated in writing for the purpose, or
ceeding or both; and by registered or certified mail ad-
(c) Names the official who is author- dressed to such person or agent. When-
ized to conduct the investigation and ever service is made by registered or
serve as the Presiding Officer. certified mail, the date of mailing shall
60
be considered as the time when service § 13.119 Rights of persons against self-
is made. incrimination.
(c) Subpoenas shall extend in juris- (a) Whenever a person refuses, on the
diction throughout the United States basis of a privilege against self-in-
or any territory or possession thereof. crimination, to testify or provide other
information during the course of any
§ 13.113 Noncompliance with the in- investigation conducted under this sub-
vestigative process. part, the Presiding Officer may, with
If any person fails to comply with the the approval of the Attorney General
provisions of this subpart or with any of the United States, issue an order re-
subpoena or order issued by the Pre- quiring the person to give testimony or
siding Officer or the designee of the provide other information. However, no
Presiding Officer, judicial enforcement testimony or other information so
may be initiated against that person compelled (or any information directly
under applicable statutes. or indirectly derived from such testi-
mony or other information) may be
§ 13.115 Public proceedings. used against the person in any criminal
case, except in a prosecution for per-
(a) All investigative proceedings and jury, giving a false statement, or oth-
depositions shall be public unless the erwise failing to comply with the
Presiding Officer determines that the order.
public interest requires otherwise. (b) The Presiding Officer may issue
(b) The Presiding Officer may order an order under this section if—
information contained in any report or (1) The testimony or other informa-
document filed or in any testimony tion from the witness may be necessary
given pursuant to this subpart with- to the public interest; and
held from public disclosure when, in (2) The witness has refused or is like-
the judgment of the Presiding Officer, ly to refuse to testify or provide other
disclosure would adversely affect the information on the basis of a privilege
interests of any person and is not re- against self-incrimination.
quired in the public interest or is not (c) Immunity provided by this sec-
otherwise required by statute to be tion will not become effective until the
made available to the public. Any per- person has refused to testify or provide
son may make written objection to the other information on the basis of a
public disclosure of such information, privilege against self-incrimination,
stating the grounds for such objection. and an order under this section has
been issued. An order, however, may be
§ 13.117 Conduct of investigative pro- issued prospectively to become effec-
ceeding or deposition. tive in the event of a claim of the
(a) The Presiding Officer or the des- privilege.
ignee of the Presiding Officer may § 13.121 Witness fees.
question witnesses.
(b) Any witness may be accompanied All witnesses appearing shall be com-
by counsel. pensated at the same rate as a witness
appearing before a United States Dis-
(c) Any party may be accompanied by
trict Court.
counsel and either the party or counsel
may— § 13.123 Submission by party to the in-
(1) Question witnesses, provided the vestigation.
questions are relevant and material to (a) During an investigation con-
the matters under investigation and ducted under this subpart, a party may
would not unduly impede the progress submit to the Presiding Officer—
of the investigation; and (1) A list of witnesses to be called,
(2) Make objections on the record and specifying the subject matter of the ex-
argue the basis for such objections. pected testimony of each witness, and
(d) Copies of all notices or written (2) A list of exhibits to be considered
communications sent to a party or wit- for inclusion in the record.

ness shall upon request be sent to that (b) If the Presiding Officer deter-
person’s attorney of record. mines that the testimony of a witness
61
§ 13.125 14 CFR Ch. I (1–1–17 Edition)
or the receipt of an exhibit in accord- of a party or a person testifying or pro-

ance with paragraph (a) of this section ducing evidence.
will be relevant, competent and mate-
rial to the investigation, the Presiding Subpart G—Rules of Practice in
Officer may subpoena the witness or
use the exhibit during the investiga-
FAA Civil Penalty Actions
tion.
SOURCE: Amdt. 13–21, 55 FR 27575, July 3,
§ 13.125 Depositions. 1990, unless otherwise noted.
Depositions for investigative pur-
poses may be taken at the discretion of
the Presiding Officer with reasonable (a) This subpart applies to all civil
notice to the party under investiga- penalty actions initiated under § 13.16
tion. Such depositions shall be taken of this part in which a hearing has been
before the Presiding Officer or other requested.
person authorized to administer oaths (b) This subpart applies only to pro-
and designated by the Presiding Offi- ceedings initiated after September 7,
cer. The testimony shall be reduced to 1988. All other cases, hearings, or other
writing by the person taking the depo- proceedings pending or in progress be-
sition, or under the direction of that fore September 7, 1988, are not affected
person, and where possible shall then by the rules in this subpart.
be subscribed by the deponent. Any
person may be compelled to appear and [Amdt. 13–21, 55 FR 27575, July 3, 1990, as
amended by Amdt. 13–32; 69 FR 59497, Oct. 4,
testify and to produce physical and
2004]
documentary evidence.
§ 13.127 Reports, decisions and orders. § 13.202 Definitions.
The Presiding Officer shall issue a Administrative law judge means an ad-
written report based on the record de- ministrative law judge appointed pur-
veloped during the formal investiga- suant to the provisions of 5 U.S.C. 3105.
tion, including a summary of principal Agency attorney means the Deputy
conclusions. A summary of principal Chief Counsel for Operations, the As-
conclusions shall be prepared by the of- sistant Chief Counsel, Enforcement,
ficial who issued the order of investiga- the Assistant Chief Counsel, Europe,
tion in every case which results in no Africa, and Middle East Area Office,
action, or no action as to a particular each Regional Counsel, the Aero-
party to the investigation. All such re- nautical Center Counsel, or the Tech-
ports shall be furnished to the parties nical Center Counsel, or an attorney on
to the investigation and filed in the the staff of the Assistant Chief Coun-
public docket. Insertion of the report sel, Enforcement, the Assistant Chief
in the Public Docket shall constitute Counsel, Europe, Africa, and Middle
‘‘entering of record’’ and publication as East Area Office, each Regional Coun-
prescribed by section 313(b) of the Fed- sel, the Aeronautical Center Counsel,
eral Aviation Act. or the Technical Center Counsel who
prosecutes a civil penalty action. An
§ 13.129 Post-investigation action. agency attorney shall not include:
A decision on whether to initiate (1) The Chief Counsel, the Deputy
subsequent action shall be made on the Chief Counsel for Policy and Adjudica-
basis of the record developed during tion, or the Assistant Chief Counsel for
the formal investigation and any other Litigation;
information in the possession of the (2) Any attorney on the staff of the
Administrator. Assistant Chief Counsel for Litigation;
(3) Any attorney who is supervised in
§ 13.131 Other procedures. a civil penalty action by a person who
Any question concerning the scope or provides such advice to the FAA deci-
conduct of a formal investigation not sionmaker in that action or a factu-
covered in this subpart may be ruled on ally-related action.

by the Presiding Officer on motion of Attorney means a person licensed by a
the Presiding Officer, or on the motion state, the District of Columbia, or a
62
territory of the United States to prac- Party means the respondent or the
tice law or appear before the courts of Federal Aviation Administration
that state or territory. (FAA).
Complaint means a document issued Personal delivery includes hand-deliv-
by an agency attorney alleging a viola- ery or use of a contract or express mes-
tion of a provision of the Federal avia- senger service. ‘‘Personal delivery’’
tion statute listed in the first sentence does not include the use of Government
of 49 U.S.C. 46301(d)(2) or in 49 U.S.C. interoffice mail service.
47531, or of the Federal hazardous ma- Pleading means a complaint, an an-
terials transportation statute, 49 swer, and any amendment of these doc-
U.S.C. 5121–5128, or a rule, regulation, uments permitted under this subpart.
or order issued under those statutes, Properly addressed means a document
that has been filed with the Hearing that shows an address contained in
Docket after a hearing has been re- agency records, a residential, business,
quested under § 13.16(f)(3) or (g)(2)(ii) of or other address submitted by a person
this part. on any document provided under this
FAA decisionmaker means the Admin- subpart, or any other address shown by
istrator of the Federal Aviation Ad- other reasonable and available means.
ministration, acting in the capacity of Respondent means a person, corpora-
the decisionmaker on appeal, or any tion, or company named in a com-
person to whom the Administrator has plaint.
delegated the Administrator’s decision- [Amdt. 13–21, 55 FR 27575, July 3, 1990, as
making authority in a civil penalty ac- amended by Amdt. 13–24, 58 FR 50241, Sept.
tion. As used in this subpart, the FAA 24, 1993; Amdt. 13–29, 62 FR 46866, Sept. 4,
decisionmaker is the official author- 1997; 70 FR 8238, Feb. 18, 2005; 71 FR 70464,
ized to issue a final decision and order Dec. 5, 2006]
of the Administrator in a civil penalty
action. § 13.203 Separation of functions.
Mail includes U.S. certified mail, U.S. (a) Civil penalty proceedings, includ-
registered mail, or use of an overnight ing hearings, shall be prosecuted by an
express courier service. agency attorney.
Order assessing civil penalty means a (b) An agency employee engaged in
document that contains a finding of a the performance of investigative or
violation of a provision of the Federal prosecutorial functions in a civil pen-
aviation statute listed in the first sen- alty action shall not, in that case or a
tence of 49 U.S.C. 46301(d)(2) or in 49 factually-related case, participate or
U.S.C. 47531, or of the Federal haz- give advice in a decision by the admin-
ardous materials transportation stat- istrative law judge or by the FAA deci-
ute, 49 U.S.C. 5121–5128, or a rule, regu- sionmaker on appeal, except as counsel
lation or order issued under those stat- or a witness in the public proceedings.
utes, and may direct payment of a civil (c) The Chief Counsel, the Deputy
penalty. Unless an appeal is filed with Chief Counsel for Policy and Adjudica-
the FAA decisionmaker in a timely tion, and the Assistant Chief Counsel
manner, an initial decision or order of for Litigation, or an attorney on the
an administrative law judge shall be staff of the Assistant Chief Counsel for
considered an order assessing civil pen- Litigation will advise the FAA deci-
alty if an administrative law judge sionmaker regarding an initial decision
finds that an alleged violation occurred or any appeal of a civil penalty action
and determines that a civil penalty, in to the FAA decisionmaker.
an amount found appropriate by the [Amdt. 13–21, 55 FR 27575, July 3, 1990, as
administrative law judge, is warranted. amended by Amdt. 13–24, 58 FR 50241, Sept.
Unless a petition for review is filed 24, 1993; 70 FR 8238, Feb. 18, 2005]
with a U.S. Court of Appeals in a time-
ly manner, a final decision and order of § 13.204 Appearances and rights of
the Administrator shall be considered parties.
an order assessing civil penalty if the (a) Any party may appear and be
FAA decisionmaker finds that an al- heard in person.

leged violation occurred and a civil (b) Any party may be accompanied,
penalty is warranted. represented, or advised by an attorney
63
§ 13.205 14 CFR Ch. I (1–1–17 Edition)
or representative designated by the interlocutory appeal of right with the

party and may be examined by that at- FAA decisionmaker pursuant to
torney or representative in any pro- § 13.219(c)(4) of this subpart. This sec-
ceeding governed by this subpart. An tion does not preclude an administra-
attorney or representative who rep- tive law judge from issuing an order
resents a party may file a notice of ap- that bars a person from a specific pro-
pearance in the action, in the manner ceeding based on a finding of obstrep-
provided in § 13.210 of this subpart, and erous or disruptive behavior in that
shall serve a copy of the notice of ap- specific proceeding.
pearance on each party, in the manner (c) Disqualification. The administra-
provided in § 13.211 of this subpart, be- tive law judge may disqualify himself
fore participating in any proceeding or herself at any time. A party may file
governed by this subpart. The attorney a motion, pursuant to § 13.218(f)(6), re-
or representative shall include the questing that an administrative law
name, address, and telephone number judge be disqualified from the pro-
of the attorney or representative in the ceedings.
notice of appearance. [Amdt. 13–21, 55 FR 27575, July 3, 1990; 55 FR
(c) Any person may request a copy of 29293, July 18, 1990]
a document upon payment of reason-
able costs. A person may keep an origi- § 13.206 Intervention.
nal document, data, or evidence, with (a) A person may submit a motion for
the consent of the administrative law leave to intervene as a party in a civil
judge, by substituting a legible copy of penalty action. Except for good cause
the document for the record. shown, a motion for leave to intervene
shall be submitted not later than 10
§ 13.205 Administrative law judges. days before the hearing.
(a) Powers of an administrative law (b) If the administrative law judge
judge. In accordance with the rules of finds that intervention will not unduly
this subpart, an administrative law broaden the issues or delay the pro-
judge may: ceedings, the administrative law judge
(1) Give notice of, and hold, pre- may grant a motion for leave to inter-
hearing conferences and hearings; vene if the person will be bound by any
(2) Administer oaths and affirma- order or decision entered in the action
tions; or the person has a property, financial,
(3) Issue subpoenas authorized by law or other legitimate interest that may
and issue notices of deposition re- not be addressed adequately by the par-
quested by the parties; ties. The administrative law judge may
(4) Rule on offers of proof; determine the extent to which an in-
(5) Receive relevant and material evi- tervenor may participate in the pro-
dence; ceedings.
(6) Regulate the course of the hearing
in accordance with the rules of this § 13.207 Certification of documents.
subpart; (a) Signature required. The attorney of
(7) Hold conferences to settle or to record, the party, or the party’s rep-
simplify the issues by consent of the resentative shall sign each document
parties; tendered for filing with the hearing
(8) Dispose of procedural motions and docket clerk, the administrative law
requests; and judge, the FAA decisionmaker on ap-
(9) Make findings of fact and conclu- peal, or served on each party.
sions of law, and issue an initial deci- (b) Effect of signing a document. By
sion. signing a document, the attorney of
(b) Limitations on the power of the ad- record, the party, or the party’s rep-
ministrative law judge. The administra- resentative certifies that the attorney,
tive law judge shall not issue an order the party, or the party’s representative
of contempt, award costs to any party, has read the document and, based on
or impose any sanction not specified in reasonable inquiry and to the best of
this subpart. If the administrative law that person’s knowledge, information,

judge imposes any sanction not speci- and belief, the document is—
fied in this subpart, a party may file an (1) Consistent with these rules;
64
(2) Warranted by existing law or that allegedly violated by the respondent,

a good faith argument exists for exten- and the proposed civil penalty in suffi-
sion, modification, or reversal of exist- cient detail to provide notice of any
ing law; and factual or legal allegation and pro-
(3) Not unreasonable or unduly bur- posed civil penalty.
densome or expensive, not made to har- (d) Motion to dismiss allegations or com-
ass any person, not made to cause un- plaint. Instead of filing an answer to
necessary delay, not made to cause the complaint, a respondent may move
needless increase in the cost of the pro- to dismiss the complaint, or that part
ceedings, or for any other improper of the complaint, alleging a violation
purpose. that occurred on or after August 2,
(c) Sanctions. If the attorney of 1990, and more than 2 years before an
record, the party, or the party’s rep- agency attorney issued a notice of pro-
resentative signs a document in viola- posed civil penalty to the respondent.
tion of this section, the administrative
(1) An administrative law judge may
law judge or the FAA decisionmaker
not grant the motion and dismiss the
shall:
complaint or part of the complaint if
(1) Strike the pleading signed in vio-
the administrative law judge finds that
lation of this section;
(2) Strike the request for discovery or the agency has shown good cause for
the discovery response signed in viola- any delay in issuing the notice of pro-
tion of this section and preclude fur- posed civil penalty.
ther discovery by the party; (2) If the agency fails to show good
(3) Deny the motion or request signed cause for any delay, an administrative
in violation of this section; law judge may dismiss the complaint,
(4) Exclude the document signed in or that part of the complaint, alleging
violation of this section from the a violation that occurred more than 2
record; years before an agency attorney issued
(5) Dismiss the interlocutory appeal the notice of proposed civil penalty to
and preclude further appeal on that the respondent.
issue by the party who filed the appeal (3) A party may appeal the adminis-
until an initial decision has been en- trative law judge’s ruling on the mo-
tered on the record; or tion to dismiss the complaint or any
(6) Dismiss the appeal of the adminis- part of the complaint in accordance
trative law judge’s initial decision to with § 13.219(b) of this subpart.
the FAA decisionmaker.
[Amdt. 13–21, 55 FR 27575, July 3, 1990, as
§ 13.208 Complaint. amended by Amdt. 13–22, 55 FR 31176, Aug. 1,
1990]
(a) Filing. The agency attorney shall
file the original and one copy of the § 13.209 Answer.
complaint with the hearing docket
clerk, or may file a written motion (a) Writing required. A respondent
pursuant to § l3.218(f)(2)(i) of this sub- shall file a written answer to the com-
part instead of filing a complaint, not plaint, or may file a written motion
later than 20 days after receipt by the pursuant to § 13.208(d) or § 13.218(f)(1–4)
agency attorney of a request for hear- of this subpart instead of filing an an-
ing. The agency attorney should sug- swer, not later than 30 days after serv-
gest a location for the hearing when ice of the complaint. The answer may
filing the complaint. be in the form of a letter but must be
(b) Service. An agency attorney shall dated and signed by the person re-
personally deliver or mail a copy of the sponding to the complaint. An answer
complaint on the respondent, the presi- may be typewritten or may be legibly
dent of the corporation or company handwritten.
named as a respondent, or a person des- (b) Filing and address. A person filing
ignated by the respondent to accept an answer shall personally deliver or
service of documents in the civil pen- mail the original and one copy of the
alty action. answer for filing with the hearing

(c) Contents. A complaint shall set docket clerk, not later than 30 days
forth the facts alleged, any regulation after service of the complaint to the
65
§ 13.210 14 CFR Ch. I (1–1–17 Edition)
Hearing Docket at the appropriate ad- of service, the date shown on the post-
dress set forth in § 13.210(a) of this sub- mark if there is no certificate of serv-
part. The person filing an answer ice, or other mailing date shown by
should suggest a location for the hear- other evidence if there is no certificate
ing when filing the answer. of service or postmark.
(c) Service. A person filing an answer (c) Form. Each document shall be
shall serve a copy of the answer on the typewritten or legibly handwritten.
agency attorney who filed the com- (d) Contents. Unless otherwise speci-
plaint. fied in this subpart, each document
(d) Contents. An answer shall specifi- must contain a short, plain statement
cally state any affirmative defense of the facts on which the person’s case
that the respondent intends to assert rests and a brief statement of the ac-
at the hearing. A person filing an an- tion requested in the document.
swer may include a brief statement of (e) Internet accessibility of documents
any relief requested in the answer. filed in the Hearing Docket. (1) Unless
(e) Specific denial of allegations re- protected from public disclosure by an
quired. A person filing an answer shall order of the ALJ under 13.226, all docu-
admit, deny, or state that the person is ments filed in the Hearing Docket are
without sufficient knowledge or infor- accessible through the Federal Docket
mation to admit or deny, each num- Management System (FDMS): http://
bered paragraph of the complaint. Any www.regulations.gov. To access a par-
statement or allegation contained in ticular case file, use the FDMS number
the complaint that is not specifically assigned to the case.
denied in the answer may be deemed an (2) Decisions and orders issued by the
admission of the truth of that allega- Administrator in civil penalty cases,
tion. A general denial of the complaint indexes of decisions, contact informa-
is deemed a failure to file an answer. tion for the FAA Hearing Docket and
(f) Failure to file answer. A person’s the administrative law judges, the
failure to file an answer without good rules of practice, and other informa-
cause shall be deemed an admission of tion are available on the FAA civil
the truth of each allegation contained penalty adjudication Web site at: http://
in the complaint. www.faa.gov/about/officelorg/
[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as headquartersloffices/agc/
amended at 70 FR 8238, Feb. 18, 2005] polladjudication/AGC400/CivillPenalty.
[Amdt. 13–21, 55 FR 27575, July 3, 1990; 55 FR
§ 13.210 Filing of documents.
29293, July 18, 1990, as amended at 70 FR 8238,
(a) Address and method of filing. A per- Feb. 18, 2005; 71 FR 70464, Dec. 5, 2006; 72 FR
son tendering a document for filing 14668, Mar. 29, 2007; 72 FR 68474, Dec. 5, 2007]
shall personally deliver or mail the
signed original and one copy of each § 13.211 Service of documents.
document to the Hearing Docket using (a) General. A person shall serve a
the appropriate address: copy of any document filed with the
(1) If delivery is in person, or via expe- Hearing Docket on each party at the
dited courier service: Federal Aviation time of filing. Service on a party’s at-
Administration, 600 Independence Ave- torney of record or a party’s designated
nue, SW., Wilbur Wright Building— representative may be considered ade-
Suite 2W1000, Washington, DC 20591; quate service on the party.
Attention: Hearing Docket Clerk, (b) Type of service. A person may
AGC–430. serve documents by personal delivery
(2) If delivery is via U.S. Mail: Federal or by mail.
Aviation Administration, 800 Independ- (c) Certificate of service. A person may
ence Avenue, SW., Washington, DC attach a certificate of service to a doc-
20591; Attention: Hearing Docket Clerk, ument tendered for filing with the
AGC–430, Wilbur Wright Building— hearing docket clerk. A certificate of
Suite 2W1000. service shall consist of a statement,
(b) Date of filing. A document shall be dated and signed by the person filing
considered to be filed on the date of the document, that the document was
personal delivery; or if mailed, the personally delivered or mailed to each
mailing date shown on the certificate party on a specific date.
66
(d) Date of service. The date of service iday. If the last day of the time period
shall be the date of personal delivery; is a Saturday, Sunday, or legal holi-
or if mailed, the mailing date shown on day, the time period runs until the end
the certificate of service, the date of the next day that is not a Saturday,
shown on the postmark if there is no Sunday, or legal holiday.
certificate of service, or other mailing
date shown by other evidence if there § 13.213 Extension of time.
is no certificate of service or postmark. (a) Oral requests. The parties may
(e) Additional time after service by mail.
agree to extend for a reasonable period
Whenever a party has a right or a duty
the time for filing a document under
to act or to make any response within
this subpart. If the parties agree, the
a prescribed period after service by
administrative law judge shall grant
mail, or on a date certain after service
one extension of time to each party.
by mail, 5 days shall be added to the
prescribed period. The party seeking the extension of
(f) Service by the administrative law time shall submit a draft order to the
judge. The administrative law judge administrative law judge to be signed
shall serve a copy of each document in- by the administrative law judge and
cluding, but not limited to, notices of filed with the hearing docket clerk.
prehearing conferences and hearings, The administrative law judge may
rulings on motions, decisions, and or- grant additional oral requests for an
ders, upon each party to the pro- extension of time where the parties
ceedings by personal delivery or by agree to the extension.
mail. (b) Written motion. A party shall file a
(g) Valid service. A document that was written motion for an extension of
properly addressed, was sent in accord- time with the administrative law judge
ance with this subpart, and that was not later than 7 days before the docu-
returned, that was not claimed, or that ment is due unless good cause for the
was refused, is deemed to have been late filing is shown. A party filing a
served in accordance with this subpart. written motion for an extension of
The service shall be considered valid as time shall serve a copy of the motion
of the date and the time that the docu- on each party. The administrative law
ment was deposited with a contract or judge may grant the extension of time
express messenger, the document was if good cause for the extension is
mailed, or personal delivery of the doc- shown.
ument was refused. (c) Failure to rule. If the administra-
(h) Presumption of service. There shall tive law judge fails to rule on a written
be a presumption of service where a motion for an extension of time by the
party or a person, who customarily re- date the document was due, the motion
ceives mail, or receives it in the ordi- for an extension of time is deemed
nary course of business, at either the granted for no more than 20 days after
person’s residence or the person’s prin- the original date the document was to
cipal place of business, acknowledges be filed.
receipt of the document.
§ 13.214 Amendment of pleadings.
§ 13.212 Computation of time.
(a) This section applies to any period (a) Filing and service. A party shall
of time prescribed or allowed by this file the amendment with the adminis-
subpart, by notice or order of the ad- trative law judge and shall serve a copy
ministrative law judge, or by any ap- of the amendment on all parties to the
plicable statute. proceeding.
(b) The date of an act, event, or de- (b) Time. A party shall file an amend-
fault, after which a designated time pe- ment to a complaint or an answer
riod begins to run, is not included in a within the following:
computation of time under this sub- (1) Not later than 15 days before the
part. scheduled date of a hearing, a party
(c) The last day of a time period is in- may amend a complaint or an answer
cluded in a computation of time unless without the consent of the administra-
it is a Saturday, Sunday, or a legal hol- tive law judge.
67
§ 13.215 14 CFR Ch. I (1–1–17 Edition)
(2) Less than 15 days before the tions, responses to prehearing motions,
scheduled date of a hearing, the admin- exchange of exhibits to be introduced
istrative law judge may allow amend- at the hearing, and a list of witnesses
ment of a complaint or an answer only that may be called at the hearing.
for good cause shown in a motion to (2) Each party shall sign the original
amend. joint schedule to be filed with the ad-
(c) Responses. The administrative law ministrative law judge.
judge shall allow a reasonable time, (c) Time. The parties may agree to
but not more than 20 days from the submit all prehearing motions and re-
date of filing, for other parties to responses and may agree to close dis-
spond if an amendment to a complaint, covery in the proceedings under the
answer, or other pleading has been filed joint schedule within a reasonable time
with the administrative law judge. before the date of the hearing, but not
later than 15 days before the hearing.
§ 13.215 Withdrawal of complaint or
request for hearing. (d) Order establishing joint schedule.
The administrative law judge shall ap-
At any time before or during a hear- prove the joint schedule filed by the
ing, an agency attorney may withdraw parties. One party shall submit a draft
a complaint or a party may withdraw a order establishing a joint schedule to
request for a hearing without the con- the administrative law judge to be
sent of the administrative law judge. If signed by the administrative law judge
an agency attorney withdraws the and filed with the hearing docket
complaint or a party withdraws the re- clerk.
quest for a hearing and the answer, the (e) Disputes. The administrative law
administrative law judge shall dismiss judge shall resolve disputes regarding
the proceedings under this subpart discovery or disputes regarding compli-
with prejudice. ance with the joint schedule as soon as
§ 13.216 Waivers. possible so that the parties may con-
tinue to comply with the joint sched-
Waivers of any rights provided by ule.
statute or regulation shall be in writ- (f) Sanctions for failure to comply with
ing or by stipulation made at a hearing joint schedule. If a party fails to comply
and entered into the record. The par- with the administrative law judge’s
ties shall set forth the precise terms of order establishing a joint schedule, the
the waiver and any conditions. administrative law judge may direct
§ 13.217 Joint procedural or discovery that party to comply with a motion to
schedule. discovery request or, limited to the ex-
tent of the party’s failure to comply
(a) General. The parties may agree to with a motion or discovery request, the
submit a schedule for filing all pre- administrative law judge may:
hearing motions, a schedule for con-
(1) Strike that portion of a party’s
ducting discovery in the proceedings,
pleadings;
or a schedule that will govern all pre-
(2) Preclude prehearing or discovery
hearing motions and discovery in the
motions by that party;
proceedings.
(b) Form and content of schedule. If the (3) Preclude admission of that por-
parties agree to a joint procedural or tion of a party’s evidence at the hear-
discovery schedule, one of the parties ing, or
shall file the joint schedule with the (4) Preclude that portion of the testi-
administrative law judge, setting forth mony of that party’s witnesses at the
the dates to which the parties have hearing.
agreed, and shall serve a copy of the
joint schedule on each party. § 13.218 Motions.
(1) The joint schedule may include, (a) General. A party applying for an
but need not be limited to, requests for order or ruling not specifically pro-
discovery, any objections to discovery vided in this subpart shall do so by mo-
requests, responses to discovery re- tion. A party shall comply with the re-
quests to which there are no objec- quirements of this section when filing
tions, submission of prehearing mo- a motion with the administrative law
68
judge. A party shall serve a copy of (1) Motion to dismiss for insufficiency.
each motion on each party. A respondent may file a motion to dis-
(b) Form and contents. A party shall miss the complaint for insufficiency in-
state the relief sought by the motion stead of filing an answer. If the admin-
and the particular grounds supporting istrative law judge denies the motion
that relief. If a party has evidence in to dismiss the complaint for insuffi-
support of a motion, the party shall at- ciency, the respondent shall file an an-
tach any supporting evidence, includ- swer not later than 10 days after serv-
ing affidavits, to the motion. ice of the administrative law judge’s
(c) Filing of motions. A motion made denial of the motion.A motion to dis-
prior to the hearing must be in writing. miss the complaint for insufficiency
Unless otherwise agreed by the parties must show that the complaint fails to
or for good cause shown, a party shall state a violation of a provision of the
file any prehearing motion, and shall Federal aviation statute listed in the
serve a copy on each party, not later first sentence in 49 U.S.C. 46301(d)(2) or
than 30 days before the hearing. Mo- in 49 U.S.C. 47531, or any implementing
tions introduced during a hearing may rule, regulation, or order, or a viola-
be made orally on the record unless the tion of the Federal hazardous materials
administrative law judge directs other- transportation statute, 49 U.S.C. 5121–
wise. 5128, or any implementing rule, regula-
(d) Answers to motions. Any party may tion or order.
file an answer, with affidavits or other (2) Motion to dismiss. A party may file
evidence in support of the answer, not a motion to dismiss, specifying the
later than 10 days after service of a grounds for dismissal. If an administra-
written motion on that party. When a tive law judge grants a motion to dis-
motion is made during a hearing, the miss in part, a party may appeal the
answer may be made at the hearing on administrative law judge’s ruling on
the record, orally or in writing, within the motion to dismiss under § 13.219(b)
a reasonable time determined by the of this subpart.
administrative law judge. (i) Motion to dismiss a request for a
(e) Rulings on motions. The adminis- hearing. An agency attorney may file a
trative law judge shall rule on all mo- motion to dismiss a request for a hear-
tions as follows: ing instead of filing a complaint. If the
(1) Discovery motions. The administra- motion to dismiss is not granted, the
tive law judge shall resolve all pending agency attorney shall file the com-
discovery motions not later than 10 plaint and shall serve a copy of the
days before the hearing. complaint on each party not later than
(2) Prehearing motions. The adminis- 10 days after service of the administra-
trative law judge shall resolve all pend- tive law judge’s ruling or order on the
ing prehearing motions not later than 7 motion to dismiss. If the motion to dis-
days before the hearing. If the adminis- miss is granted and the proceedings are
trative law judge issues a ruling or terminated without a hearing, the re-
order orally, the administrative law spondent may file an appeal pursuant
judge shall serve a written copy of the to § 13.233 of this subpart. If required by
ruling or order, within 3 days, on each the decision on appeal, the agency at-
party. In all other cases, the adminis- torney shall file a complaint and shall
trative law judge shall issue rulings serve a copy of the complaint on each
and orders in writing and shall serve a party not later than 10 days after serv-
copy of the ruling or order on each ice of the decision on appeal.
party. (ii) Motion to dismiss a complaint. A re-
(3) Motions made during the hearing. spondent may file a motion to dismiss
The administrative law judge may a complaint instead of filing an answer.
issue rulings and orders on motions If the motion to dismiss is not granted,
made during the hearing orally. Oral the respondent shall file an answer and
rulings or orders on motions must be shall serve a copy of the answer on
made on the record. each party not later than 10 days after
(f) Specific motions. A party may file service of the administrative law
the following motions with the admin- judge’s ruling or order on the motion
istrative law judge: to dismiss. If the motion to dismiss is
69
§ 13.218 14 CFR Ch. I (1–1–17 Edition)
granted and the proceedings are termi- dundant, immaterial, or irrelevant

nated without a hearing, the agency matter in a pleading. A party shall file
attorney may file an appeal pursuant a motion to strike with the adminis-
to § 13.233 of this subpart. If required by trative law judge and shall serve a copy
the decision on appeal, the respondent on each party before a response is re-
shall file an answer and shall serve a quired under this subpart or, if a re-
copy of the answer on each party not sponse is not required, not later than 10
later than 10 days after service of the days after service of the pleading.
decision on appeal. (5) Motion for decision. A party may
(3) Motion for more definite statement. make a motion for decision, regarding
A party may file a motion for more all or any part of the proceedings, at
definite statement of any pleading any time before the administrative law
which requires a response under this judge has issued an initial decision in
subpart. A party shall set forth, in de- the proceedings. The administrative
tail, the indefinite or uncertain allega- law judge shall grant a party’s motion
tions contained in a complaint or re- for decision if the pleadings, deposi-
sponse to any pleading and shall sub- tions, answers to interrogatories, ad-
mit the details that the party believes missions, matters that the administra-
would make the allegation or response tive law judge has officially noticed, or
definite and certain. evidence introduced during the hearing
(i) Complaint. A respondent may file a show that there is no genuine issue of
motion requesting a more definite material fact and that the party mak-
statement of the allegations contained ing the motion is entitled to a decision
in the complaint instead of filing an as a matter of law. The party making
answer. If the administrative law judge the motion for decision has the burden
grants the motion, the agency attorney of showing that there is no genuine
shall supply a more definite statement issue of material fact disputed by the
not later than 15 days after service of parties.
the ruling granting the motion. If the (6) Motion for disqualification. A party
agency attorney fails to supply a more may file a motion for disqualification
definite statement, the administrative with the administrative law judge and
law judge shall strike the allegations shall serve a copy on each party. A
in the complaint to which the motion party may file the motion at any time
is directed. If the administrative law after the administrative law judge has
judge denies the motion, the respond- been assigned to the proceedings but
ent shall file an answer and shall serve shall make the motion before the ad-
a copy of the answer on each party not ministrative law judge files an initial
later than 10 days after service of the decision in the proceedings.
order of denial. (i) Motion and supporting affidavit. A
(ii) Answer. An agency attorney may party shall state the grounds for dis-
file a motion requesting a more defi- qualification, including, but not lim-
nite statement if an answer fails to re- ited to, personal bias, pecuniary inter-
spond clearly to the allegations in the est, or other factors showing disquali-
complaint. If the administrative law fication, in the motion for disqualifica-
judge grants the motion, the respond- tion. A party shall submit an affidavit
ent shall supply a more definite state- with the motion for disqualification
ment not later than 15 days after serv- that sets forth, in detail, the matters
ice of the ruling on the motion. If the alleged to constitute grounds for dis-
respondent fails to supply a more defi- qualification.
nite statement, the administrative law (ii) Answer. A party shall respond to
judge shall strike those statements in the motion for disqualification not
the answer to which the motion is di- later than 5 days after service of the
rected. The respondent’s failure to sup- motion for disqualification.
ply a more definite statement may be (iii) Decision on motion for disqualifica-
deemed an admission of unanswered al- tion. The administrative law judge
legations in the complaint. shall render a decision on the motion
(4) Motion to strike. Any party may for disqualification not later than 15
make a motion to strike any insuffi- days after the motion has been filed. If
cient allegation or defense, or any re- the administrative law judge finds that
70
the motion for disqualification and party may file an interlocutory appeal
supporting affidavit show a basis for with the FAA decisionmaker, without
disqualification, the administrative the consent of the administrative law
law judge shall withdraw from the pro- judge, before an initial decision has
ceedings immediately. If the adminis- been entered in the case of:
trative law judge finds that disquali- (1) A ruling or order by the adminis-
fication is not warranted, the administrative law judge barring a person from
trative law judge shall deny the motion the proceedings.
and state the grounds for the denial on (2) Failure of the administrative law
the record. If the administrative law judge to dismiss the proceedings in ac-
judge fails to rule on a party’s motion cordance with § 13.215 of this subpart.
for disqualification within 15 days after (3) A ruling or order by the adminis-
the motion has been filed, the motion trative law judge in violation of
is deemed granted. § 13.205(b) of this subpart.
(iv) Appeal. A party may appeal the
(d) Procedure. A party shall file a no-
administrative law judge’s denial of
tice of interlocutory appeal, with sup-
the motion for disqualification in ac-
porting documents, with the FAA deci-
cordance with § 13.219(b) of this sub-
part. sionmaker and the hearing docket
clerk, and shall serve a copy of the no-
[Amdt. 13–21, 55 FR 27575, July 3, 1990, as tice and supporting documents on each
amended by 71 FR 70464, Dec. 5, 2006] party and the administrative law
judge, not later than 10 days after the
§ 13.219 Interlocutory appeals.
administrative law judge’s decision
(a) General. Unless otherwise pro- forming the basis of an interlocutory
vided in this subpart, a party may not appeal of right or not later than 10
appeal a ruling or decision of the ad- days after the administrative law
ministrative law judge to the FAA de- judge’s decision granting an interlocu-
cisionmaker until the initial decision tory appeal for cause, whichever is ap-
has been entered on the record. A deci- propriate. A party shall file a reply
sion or order of the FAA decisionmaker brief, if any, with the FAA decision-
on the interlocutory appeal does not maker and serve a copy of the reply
constitute a final order of the Adminis- brief on each party, not later than 10
trator for the purposes of judicial ap- days after service of the appeal brief.
pellate review as provided in § 13.235 of The FAA decisionmaker shall render a
this subpart. decision on the interlocutory appeal,
(b) Interlocutory appeal for cause. If a on the record and as a part of the deci-
party files a written request for an in- sion in the proceedings, within a rea-
terlocutory appeal for cause with the sonable time after receipt of the inter-
administrative law judge, or orally re- locutory appeal.
quests an interlocutory appeal for (e) The FAA decisionmaker may re-
cause, the proceedings are stayed until ject frivolous, repetitive, or dilatory
the administrative law judge issues a appeals, and may issue an order pre-
decision on the request. If the adminis- cluding one or more parties from mak-
trative law judge grants the request, ing further interlocutory appeals in a
the proceedings are stayed until the proceeding in which there have been
FAA decisionmaker issues a decision frivolous, repetitive, or dilatory inter-
on the interlocutory appeal. The ad- locutory appeals.
ministrative law judge shall grant an
interlocutory appeal for cause if a [Amdt. 13–21, 55 FR 27575, July 3, 1990, as
party shows that delay of the appeal amended by Amdt. 13–23, 55 FR 45983, Oct. 31,
would be detrimental to the public in- 1990; 71 FR 70464, Dec. 5, 2006]
terest or would result in undue preju-
dice to any party. § 13.220 Discovery.
(c) Interlocutory appeals of right. If a (a) Initiation of discovery. Any party
party notifies the administrative law may initiate discovery described in
judge of an interlocutory appeal of this section, without the consent or ap-
right, the proceedings are stayed until proval of the administrative law judge,
the FAA decisionmaker issues a deci- at any time after a complaint has been
sion on the interlocutory appeal. A filed in the proceedings.
71
§ 13.220 14 CFR Ch. I (1–1–17 Edition)
(b) Methods of discovery. The fol- (1) The information requested is cu-
lowing methods of discovery are per- mulative or repetitious;
mitted under this section: depositions (2) The information requested can be
on oral examination or written ques- obtained from another less burdensome
tions of any person; written interrog- and more convenient source;
atories directed to a party; requests for (3) The party requesting the informa-
production of documents or tangible tion has had ample opportunity to ob-
items to any person; and requests for tain the information through other dis-
admission by a party. A party is not recovery methods permitted under this
quired to file written interrogatories section; or
and responses, requests for production (4) The method or scope of discovery
of documents or tangible items and re-
requested by the party is unduly bur-
sponses, and requests for admission and
densome or expensive.
response with the administrative law
judge or the hearing docket clerk. In (g) Confidential orders. A party or per-
the event of a discovery dispute, a son who has received a discovery re-
party shall attach a copy of these docu- quest for information that is related to
ments in support of a motion made a trade secret, confidential or sensitive
under this section. material, competitive or commercial
(c) Service on the agency. A party information, proprietary data, or infor-
shall serve each discovery request di- mation on research and development,
rected to the agency or any agency em- may file a motion for a confidential
ployee on the agency attorney of order with the administrative law
record. judge and shall serve a copy of the mo-
(d) Time for response to discovery re- tion for a confidential order on each
quests. Unless otherwise directed by party.
this subpart or agreed by the parties, a (1) The party or person making the
party shall respond to a request for dis- motion must show that the confiden-
covery, including filing objections to a tial order is necessary to protect the
request for discovery, not later than 30 information from disclosure to the pub-
days of service of the request. lic.
(e) Scope of discovery. Subject to the (2) If the administrative law judge de-
limits on discovery set forth in para- termines that the requested material is
graph (f) of this section, a party may not necessary to decide the case, the
discover any matter that is not privi- administrative law judge shall preclude
leged and that is relevant to the sub- any inquiry into the matter by any
ject matter of the proceeding. A party party.
may discover information that relates (3) If the administrative law judge de-
to the claim or defense of any party in- termines that the requested material
cluding the existence, description, na- may be disclosed during discovery, the
ture, custody, condition, and location administrative law judge may order
of any document or other tangible item that the material may be discovered
and the identity and location of any and disclosed under limited conditions
person having knowledge of discover- or may be used only under certain
able matter. A party may discover terms and conditions.
facts known, or opinions held, by an
(4) If the administrative law judge de-
expert who any other party expects to
termines that the requested material is
call to testify at the hearing. A party
has no ground to object to a discovery necessary to decide the case and that a
request on the basis that the informa- confidential order is warranted, the ad-
tion sought would not be admissible at ministrative law judge shall provide:
the hearing if the information sought (i) An opportunity for review of the
during discovery is reasonably cal- document by the parties off the record;
culated to lead to the discovery of ad- (ii) Procedures for excluding the in-
missible evidence. formation from the record; and
(f) Limiting discovery. The administra- (iii) Order that the parties shall not
tive law judge shall limit the frequency disclose the information in any manner
and extent of discovery permitted by and the parties shall not use the infor-
this section if a party shows that— mation in any other proceeding.
72
(h) Protective orders. A party or a per- United States or authorized by the law
son who has received a request for dis- of the place where the examination is
covery may file a motion for protective held. In foreign countries, a party shall
order with the administrative law take a deposition in any manner al-
judge and shall serve a copy of the mo- lowed by the Federal Rules of Civil
tion for protective order on each party. Procedure.
The party or person making the mo- (3) Notice of deposition. A party shall
tion must show that the protective serve a notice of deposition, stating the
order is necessary to protect the party time and place of the deposition and
or the person from annoyance, embar- the name and address of each person to
rassment, oppression, or undue burden be examined, on the person to be de-
or expense. As part of the protective posed, on the administrative law judge,
order, the administrative law judge on the hearing docket clerk, and on
may: each party not later than 7 days before
(1) Deny the discovery request; the deposition. A party may serve a no-
(2) Order that discovery be conducted tice of deposition less than 7 days be-
only on specified terms and conditions, fore the deposition only with consent
including a designation of the time or of the administrative law judge. If a
place for discovery or a determination subpoena duces tecum is to be served on
of the method of discovery; or the person to be examined, the party
(3) Limit the scope of discovery or shall attach a copy of the subpoena
preclude any inquiry into certain mat- duces tecum that describes the mate-
ters during discovery. rials to be produced at the deposition
(i) Duty to supplement or amend re- to the notice of deposition.
sponses. A party who has responded to a (4) Use of depositions. A party may use
discovery request has a duty to supple- any part or all of a deposition at a
ment or amend the response, as soon as hearing authorized under this subpart
the information is known, as follows: only upon a showing of good cause. The
(1) A party shall supplement or deposition may be used against any
amend any response to a question re- party who was present or represented
questing the identity and location of at the deposition or who had reason-
any person having knowledge of discov- able notice of the deposition.
erable matters. (k) Interrogatories. A party, the par-
(2) A party shall supplement or ty’s attorney, or the party’s represent-
amend any response to a question re- ative may sign the party’s responses to
questing the identity of each person interrogatories. A party shall answer
who will be called to testify at the each interrogatory separately and com-
hearing as an expert witness and the pletely in writing. If a party objects to
subject matter and substance of that an interrogatory, the party shall state
witness’ testimony. the objection and the reasons for the
(3) A party shall supplement or objection. An opposing party may use
amend any response that was incorrect any part or all of a party’s responses to
when made or any response that was interrogatories at a hearing authorized
correct when made but is no longer under this subpart to the extent that
correct, accurate, or complete. the response is relevant, material, and
(j) Depositions. The following rules not repetitious.
apply to depositions taken pursuant to (1) A party shall not serve more than
this section: 30 interrogatories to each other party.
(1) Form. A deposition shall be taken Each subpart of an interrogatory shall
on the record and reduced to writing. be counted as a separate interrogatory.
The person being deposed shall sign the (2) A party shall file a motion for
deposition unless the parties agree to leave to serve additional interrog-
waive the requirement of a signature. atories on a party with the administra-
(2) Administration of oaths. Within the tive law judge before serving additional
United States, or a territory or posses- interrogatories on a party. The admin-
sion subject to the jurisdiction of the istrative law judge shall grant the mo-
United States, a party shall take a dep- tion only if the party shows good cause
osition before a person authorized to for the party’s failure to inquire about
administer oaths by the laws of the the information previously and that
73
§ 13.221 14 CFR Ch. I (1–1–17 Edition)
the information cannot reasonably be a question during a deposition, a party

obtained using less burdensome dis- fails or refuses to answer an interrog-
covery methods or be obtained from atory, if a person gives an evasive or
other sources. incomplete answer during a deposition
(l) Requests for admission. A party or when responding to an interrog-
may serve a written request for admis- atory, or a party fails or refuses to
sion of the truth of any matter within produce documents or tangible items.
the scope of discovery under this sec- During a deposition, the proponent of a
tion or the authenticity of any docu- question may complete the deposition
ment described in the request. A party or may adjourn the examination before
shall set forth each request for admis- making a motion to compel if a person
sion separately. A party shall serve refuses to answer.
copies of documents referenced in the (n) Failure to comply with a discovery
request for admission unless the docu- order or order to compel. If a party fails
ments have been provided or are rea- to comply with a discovery order or an
sonably available for inspection and order to compel, the administrative
copying. law judge, limited to the extent of the
(1) Time. A party’s failure to respond party’s failure to comply with the dis-
to a request for admission, in writing covery order or motion to compel,
and signed by the attorney or the may:
party, not later than 30 days after serv- (1) Strike that portion of a party’s
ice of the request, is deemed an admis- pleadings;
sion of the truth of the statement or (2) Preclude prehearing or discovery
statements contained in the request for motions by that party;
admission. The administrative law (3) Preclude admission of that por-
judge may determine that a failure to tion of a party’s evidence at the hear-
respond to a request for admission is ing; or
not deemed an admission of the truth if (4) Preclude that portion of the testi-
a party shows that the failure was due mony of that party’s witnesses at the
to circumstances beyond the control of hearing.
the party or the party’s attorney.
(2) Response. A party may object to a [Amdt. 13–21, 55 FR 27575, July 3, 1990, as
request for admission and shall state amended by Amdt. 13–23, 55 FR 45983, Oct. 31,
the reasons for objection. A party may 1990]
specifically deny the truth of the mat-
§ 13.221 Notice of hearing.
ter or describe the reasons why the
party is unable to truthfully deny or (a) Notice. The administrative law
admit the matter. If a party is unable judge shall give each party at least 60
to deny or admit the truth of the mat- days notice of the date, time, and loca-
ter, the party shall show that the party tion of the hearing.
has made reasonable inquiry into the (b) Date, time, and location of the hear-
matter or that the information known ing. The administrative law judge to
to, or readily obtainable by, the party whom the proceedings have been as-
is insufficient to enable the party to signed shall set a reasonable date,
admit or deny the matter. A party may time, and location for the hearing. The
admit or deny any part of the request administrative law judge shall consider
for admission. If the administrative the need for discovery and any joint
law judge determines that a response procedural or discovery schedule sub-
does not comply with the requirements mitted by the parties when deter-
of this rule or that the response is in- mining the hearing date. The adminis-
sufficient, the matter is deemed admit- trative law judge shall give due regard
ted. to the convenience of the parties, the
(3) Effect of admission. Any matter ad- location where the majority of the wit-
mitted or deemed admitted under this nesses reside or work, and whether the
section is conclusively established for location is served by a scheduled air
the purpose of the hearing and appeal. carrier.
(m) Motion to compel discovery. A (c) Earlier hearing. With the consent
party may make a motion to compel of the administrative law judge, the
discovery if a person refuses to answer parties may agree to hold the hearing
74
on an earlier date than the date speci- § 13.226 Public disclosure of evidence.
fied in the notice of hearing. (a) The administrative law judge may
§ 13.222 Evidence. order that any information contained
in the record be withheld from public
(a) General. A party is entitled to disclosure. Any person may object to
present the party’s case or defense by disclosure of information in the record
oral, documentary, or demonstrative by filing a written motion to withhold
evidence, to submit rebuttal evidence, specific information with the adminis-
and to conduct any cross-examination trative law judge and serving a copy of
that may be required for a full and true the motion on each party. The party
disclosure of the facts. shall state the specific grounds for non-
(b) Admissibility. A party may intro- disclosure in the motion.
duce any oral, documentary, or demon- (b) The administrative law judge
strative evidence in support of the par- shall grant the motion to withhold in-
ty’s case or defense. The administra- formation in the record if, based on the
tive law judge shall admit any oral, motion and any response to the mo-
documentary, or demonstrative evi- tion, the administrative law judge de-
dence introduced by a party but shall termines that disclosure would be det-
exclude irrelevant, immaterial, or un- rimental to aviation safety, disclosure
duly repetitious evidence. would not be in the public interest, or
(c) Hearsay evidence. Hearsay evi- that the information is not otherwise
dence is admissible in proceedings gov- required to be made available to the
erned by this subpart. The fact that public.
evidence submitted by a party is hear-
say goes only to the weight of the evi- § 13.227 Expert or opinion witnesses.
dence and does not affect its admissi- An employee of the agency may not
bility. be called as an expert or opinion wit-
ness, for any party other than the
§ 13.223 Standard of proof. FAA, in any proceeding governed by
The administrative law judge shall this subpart. An employee of a respond-
issue an initial decision or shall rule in ent may not be called by an agency at-
a party’s favor only if the decision or torney as an expert or opinion witness
ruling is supported by, and in accord- for the FAA in any proceeding gov-
ance with, the reliable, probative, and erned by this subpart to which the re-
substantial evidence contained in the spondent is a party.
record. In order to prevail, the party § 13.228 Subpoenas.
with the burden of proof shall prove
the party’s case or defense by a prepon- (a) Request for subpoena. A party may
derance of reliable, probative, and sub- obtain a subpoena to compel the at-
stantial evidence. tendance of a witness at a deposition or
hearing or to require the production of
§ 13.224 Burden of proof. documents or tangible items from the
hearing docket clerk. The hearing
(a) Except in the case of an affirma- docket clerk shall deliver the sub-
tive defense, the burden of proof is on poena, signed by the hearing docket
the agency. clerk or an administrative law judge
(b) Except as otherwise provided by but otherwise in blank, to the party.
statute or rule, the proponent of a mo- The party shall complete the subpoena,
tion, request, or order has the burden stating the title of the action and the
of proof. date and time for the witness’ attend-
(c) A party who has asserted an af- ance or production of documents or
firmative defense has the burden of items. The party who obtained the sub-
proving the affirmative defense. poena shall serve the subpoena on the
witness.
§ 13.225 Offer of proof. (b) Motion to quash or modify the sub-
A party whose evidence has been ex- poena. A party, or any person upon
cluded by a ruling of the administra- whom a subpoena has been served, may
tive law judge may offer the evidence file a motion to quash or modify the
for the record on appeal. subpoena with the administrative law
75
§ 13.229 14 CFR Ch. I (1–1–17 Edition)
judge at or before the time specified in Administration, 600 Independence Ave-

the subpoena for compliance. The ap- nue, SW., Wilbur Wright Building—
plicant shall describe, in detail, the Room 2014, Washington, DC 20591. Doc-
basis for the application to quash or uments may also be examined and cop-
modify the supoena including, but not ied at the U.S. Department of Trans-
limited to, a statement that the testi- portation, Docket Operations, West
mony, document, or tangible evidence Building Ground Floor, Room W12–140,
is not relevant to the proceeding, that 1200 New Jersey Avenue, SE., Wash-
the subpoena is not reasonably tailored ington, DC 20590. Any person may have
to the scope of the proceeding, or that a copy of the record after payment of
the subpoena is unreasonable and op- reasonable costs to copy the record.
pressive. A motion to quash or modify
the subpoena will stay the effect of the [Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as
subpoena pending a decision by the ad- amended at 70 FR 8238, Feb. 18, 2005; 72 FR
68474, Dec. 5, 2007]
ministrative law judge on the motion.
(c) Enforcement of subpoena. Upon a
§ 13.231 Argument before the adminis-
showing that a person has failed or re- trative law judge.
fused to comply with a subpoena, a
party may apply to the local federal (a) Arguments during the hearing. Dur-
district court to seek judicial enforce- ing the hearing, the administrative law
ment of the subpoena in accordance judge shall give the parties a reason-
with 49 U.S.C. 46104 in cases under the able opportunity to present arguments
Federal aviation statute. on the record supporting or opposing
motions, objections, and rulings if the
[Amdt. 13–21, 55 FR 27575, July 3, 1990, as
amended at 71 FR 70465, Dec. 5, 2006] parties request an opportunity for ar-
gument. The administrative law judge
§ 13.229 Witness fees. may request written arguments during
(a) General. Unless otherwise author- the hearing if the administrative law
ized by the administrative law judge, judge finds that submission of written
the party who applies for a subpoena to arguments would be reasonable.
compel the attendance of a witness at (b) Final oral argument. At the conclu-
a deposition or hearing, or the party at sion of the hearing and before the ad-
whose request a witness appears at a ministrative law judge issues an initial
deposition or hearing, shall pay the decision in the proceedings, the parties
witness fees described in this section. are entitled to submit oral proposed
(b) Amount. Except for an employee findings of fact and conclusions of law,
of the agency who appears at the direc- exceptions to rulings of the adminis-
tion of the agency, a witness who ap- trative law judge, and supporting argu-
pears at a deposition or hearing is enti- ments for the findings, conclusions, or
tled to the same fees and mileage ex- exceptions. At the conclusion of the
penses as are paid to a witness in a hearing, a party may waive final oral
court of the United States in com- argument.
parable circumstances. (c) Posthearing briefs. The administra-
tive law judge may request written
§ 13.230 Record. posthearing briefs before the adminis-
(a) Exclusive record. The transcript of trative law judge issues an initial deci-
all testimony in the hearing, all exhib- sion in the proceedings if the adminis-
its received into evidence, and all mo- trative law judge finds that submission
tions, applications, requests, and rul- of written arguments would be reason-
ings shall constitute the exclusive able. If a party files a written
record for decision of the proceedings posthearing brief, the party shall in-
and the basis for the issuance of any clude proposed findings of fact and con-
orders in the proceeding. Any pro- clusions of law, exceptions to rulings of
ceedings regarding the disqualification the administrative law judge, and sup-
of an administrative law judge shall be porting arguments for the findings,
included in the record. conclusions, or exceptions. The admin-
(b) Examination and copying of record. istrative law judge shall give the par-
Any person may examine the record at ties a reasonable opportunity, not
the Hearing Docket, Federal Aviation more than 30 days after receipt of the
76
transcript, to prepare and submit the § 13.233 Appeal from initial decision.
briefs.
(a) Notice of appeal. A party may ap-
§ 13.232 Initial decision. peal the initial decision, and any deci-
sion not previously appealed pursuant
(a) Contents. The administrative law to § 13.219, by filing a notice of appeal
judge shall issue an initial decision at with the FAA decisionmaker. A party
the conclusion of the hearing. In each must file the notice of appeal in the
oral or written decision, the adminis- FAA Hearing Docket using the appro-
trative law judge shall include findings priate address listed in § 13.210(a). A
of fact and conclusions of law, and the party shall file the notice of appeal not
grounds supporting those findings and later than 10 days after entry of the
conclusions, upon all material issues of oral initial decision on the record or
fact, the credibility of witnesses, the service of the written initial decision
applicable law, any exercise of the ad- on the parties and shall serve a copy of
ministrative law judge’s discretion, the the notice of appeal on each party.
amount of any civil penalty found ap- (b) Issues on appeal. In any appeal
propriate by the administrative law from a decision of an administrative
judge, and a discussion of the basis for law judge, the FAA decisionmaker con-
any order issued in the proceedings. siders only the following issues:
The administrative law judge is not re- (1) Whether each finding of fact is
quired to provide a written explanation supported by a preponderance of reli-
for rulings on objections, procedural able, probative, and substantial evi-
motions, and other matters not di- dence;
rectly relevant to the substance of the
(2) Whether each conclusion of law is
initial decision. If the administrative
made in accordance with applicable
law judge refers to any previous unre-
law, precedent, and public policy; and
ported or unpublished initial decision,
(3) Whether the administrative law
the administrative law judge shall
judge committed any prejudicial errors
make copies of that initial decision
that support the appeal.
available to all parties and the FAA de-
(c) Perfecting an appeal. Unless other-
cisionmaker.
wise agreed by the parties, a party
(b) Oral decision. Except as provided
shall perfect an appeal, not later than
in paragraph (c) of this section, at the
50 days after entry of the oral initial
conclusion of the hearing, the adminis-
decision on the record or service of the
trative law judge shall issue the initial
written initial decision on the party,
decision and order orally on the record.
by filing an appeal brief with the FAA
(c) Written decision. The administra- decisionmaker.
tive law judge may issue a written ini-
(1) Extension of time by agreement of
tial decision not later than 30 days the parties. The parties may agree to
after the conclusion of the hearing or extend the time for perfecting the ap-
submission of the last posthearing brief peal with the consent of the FAA deci-
if the administrative law judge finds sionmaker. If the FAA decisionmaker
that issuing a written initial decision grants an extension of time to perfect
is reasonable. The administrative law the appeal, the appellate docket clerk
judge shall serve a copy of any written shall serve a letter confirming the ex-
initial decision on each party. tension of time on each party.
(d) Order assessing civil penalty. Unless (2) Written motion for extension. If the
appealed pursuant to § 13.233 of this parties do not agree to an extension of
subpart, the initial decision issued by time for perfecting an appeal, a party
the administrative law judge shall be desiring an extension of time may file
considered an order assessing civil pen- a written motion for an extension with
alty if the administrative law judge the FAA decisionmaker and shall serve
finds that an alleged violation occurred a copy of the motion on each party.
and determines that a civil penalty, in The FAA decisionmaker may grant an
an amount found appropriate by the extension if good cause for the exten-
administrative law judge, is warranted. sion is shown in the motion.
77
§ 13.233 14 CFR Ch. I (1–1–17 Edition)
(d) Appeal briefs. A party shall file the more than one appeal brief or reply
appeal brief with the FAA decision- brief. A party may petition the FAA
maker and shall serve a copy of the ap- decisionmaker, in writing, for leave to
peal brief on each party. file an additional brief and shall serve
(1) A party shall set forth, in detail, a copy of the petition on each party.
the party’s specific objections to the The party may not file the additional
initial decision or rulings in the appeal brief with the petition. The FAA deci-
brief. A party also shall set forth, in sionmaker may grant leave to file an
detail, the basis for the appeal, the rea- additional brief if the party dem-
sons supporting the appeal, and the re- onstrates good cause for allowing addi-
lief requested in the appeal. If the tional argument on the appeal. The
party relies on evidence contained in FAA decisionmaker will allow a rea-
the record for the appeal, the party sonable time for the party to file the
shall specifically refer to the pertinent additional brief.
evidence contained in the transcript in (g) Number of copies. A party shall file
the appeal brief. the original appeal brief or the original
(2) The FAA decisionmaker may dis- reply brief, and two copies of the brief,
miss an appeal, on the FAA decision- with the FAA decisionmaker.
maker’s own initiative or upon motion (h) Oral argument. The FAA decision-
of any other party, where a party has maker has sole discretion to permit
filed a notice of appeal but fails to per- oral argument on the appeal. On the
fect the appeal by timely filing an ap- FAA decisionmaker’s own initiative or
peal brief with the FAA decisionmaker. upon written motion by any party, the
(e) Reply brief. Unless otherwise FAA decisionmaker may find that oral
agreed by the parties, any party may argument will contribute substantially
file a reply brief with the FAA deci- to the development of the issues on ap-
sionmaker not later than 35 days after peal and may grant the parties an op-
the appeal brief has been served on portunity for oral argument.
that party. The party filing the reply (i) Waiver of objections on appeal. If a
brief shall serve a copy of the reply party fails to object to any alleged
brief on each party. If the party relies error regarding the proceedings in an
on evidence contained in the record for appeal or a reply brief, the party
the reply, the party shall specifically waives any objection to the alleged
refer to the pertinent evidence con- error. The FAA decisionmaker is not
tained in the transcript in the reply required to consider any objection in
brief. an appeal brief or any argument in the
(1) Extension of time by agreement of reply brief if a party’s objection is
the parties. The parties may agree to based on evidence contained on the
extend the time for filing a reply brief record and the party does not specifi-
with the consent of the FAA decision- cally refer to the pertinent evidence
maker. If the FAA decisionmaker from the record in the brief.
grants an extension of time to file the (j) FAA decisionmaker’s decision on ap-
reply brief, the appellate docket clerk peal. The FAA decisionmaker will re-
shall serve a letter confirming the ex- view the record, the briefs on appeal,
tension of time on each party. and the oral argument, if any, when
(2) Written motion for extension. If the considering the issues on appeal. The
parties do not agree to an extension of FAA decisionmaker may affirm, mod-
time for filing a reply brief, a party de- ify, or reverse the initial decision,
siring an extension of time may file a make any necessary findings, or may
written motion for an extension with remand the case for any proceedings
the FAA decisionmaker and shall serve that the FAA decisionmaker deter-
a copy of the motion on each party. mines may be necessary.
The FAA decisionmaker may grant an (1) The FAA decisionmaker may raise
extension if good cause for the exten- any issue, on the FAA decisionmaker’s
sion is shown in the motion. own initiative, that is required for
(f) Other briefs. The FAA decision- proper disposition of the proceedings.
maker may allow any person to submit The FAA decisionmaker will give the
an amicus curiae brief in an appeal of an parties a reasonable opportunity to
initial decision. A party may not file submit arguments on the new issues
78
before making a decision on appeal. If that has not been appealed by any
an issue raised by the FAA decision- party to the FAA decisionmaker.
maker requires the consideration of ad- (b) Form and number of copies. A party
ditional testimony or evidence, the shall file a petition to reconsider or
FAA decisionmaker will remand the modify, in writing, with the FAA deci-
case to the administrative law judge sionmaker. The party shall file the
for further proceedings and an initial original petition with the FAA deci-
decision related to that issue. If an sionmaker and shall serve a copy of the
issue raised by the FAA decisionmaker petition on each party.
is solely an issue of law or the issue (c) Contents. A party shall state brief-
was addressed at the hearing but was ly and specifically the alleged errors in
not raised by a party in the briefs on the final decision and order on appeal,
appeal, a remand of the case to the ad- the relief sought by the party, and the
ministrative law judge for further pro- grounds that support, the petition to
ceedings is not required but may be reconsider or modify.
provided in the discretion of the FAA (1) If the petition is based, in whole
decisionmaker. or in part, on allegations regarding the
(2) The FAA decisionmaker will issue consequences of the FAA decision-
the final decision and order of the Ad- maker’s decision, the party shall de-
ministrator on appeal in writing and scribe these allegations and shall de-
will serve a copy of the decision and scribe, and support, the basis for the
order on each party. Unless a petition allegations.
for review is filed pursuant to § 13.235, a (2) If the petition is based, in whole
final decision and order of the Admin- or in part, on new material not pre-
istrator shall be considered an order viously raised in the proceedings, the
assessing civil penalty if the FAA deci- party shall set forth the new material
sionmaker finds that an alleged viola- and include affidavits of prospective
tion occurred and a civil penalty is witnesses and authenticated docu-
warranted. ments that would be introduced in sup-
(3) A final decision and order of the port of the new material. The party
Administrator after appeal is precedent shall explain, in detail, why the new
in any other civil penalty action. Any material was not discovered through
issue, finding or conclusion, order, rul- due diligence prior to the hearing.
ing, or initial decision of an adminis- (d) Repetitious and frivolous petitions.
trative law judge that has not been ap- The FAA decisionmaker will not con-
pealed to the FAA decisionmaker is sider repetitious or frivolous petitions.
not precedent in any other civil pen- The FAA decisionmaker may sum-
alty action. marily dismiss repetitious or frivolous
[Amdt. 13–21, 55 FR 27575, July 3, 1990, as petitions to reconsider or modify.
amended by Amdt. 13–32; 69 FR 59498, Oct. 4, (e) Reply petitions. Any other party
2004; 70 FR 13345, Mar. 21, 2005] may reply to a petition to reconsider
or modify, not later than 10 days after
§ 13.234 Petition to reconsider or mod- service of the petition on that party,
ify a final decision and order of the by filing a reply with the FAA deci-
FAA decisionmaker on appeal. sionmaker. A party shall serve a copy
(a) General. Any party may petition of the reply on each party.
the FAA decisionmaker to reconsider (f) Effect of filing petition. Unless oth-
or modify a final decision and order erwise ordered by the FAA decision-
issued by the FAA decisionmaker on maker, filing of a petition pursuant to
appeal from an initial decision. A party this section will not stay or delay the
shall file a petition to reconsider or effective date of the FAA decision-
modify with the FAA decisionmaker maker’s final decision and order on ap-
not later than 30 days after service of peal and shall not toll the time allowed
the FAA decisionmaker’s final decision for judicial review.
and order on appeal and shall serve a (g) FAA decisionmaker’s decision on pe-
copy of the petition on each party. The tition. The FAA decisionmaker has sole
FAA decisionmaker will not reconsider discretion to grant or deny a petition

or modify an initial decision and order to reconsider or modify. The FAA deci-
issued by an administrative law judge sionmaker will grant or deny a petition
79
§ 13.235 14 CFR Ch. I (1–1–17 Edition)
to reconsider or modify within a rea- Subpart H—Civil Monetary Penalty

sonable time after receipt of the peti- Inflation Adjustment
tion or receipt of the reply petition, if
any. The FAA decisionmaker may af-
firm, modify, or reverse the final deci- SOURCE: Docket No. 28762, 61 FR 67445, Dec.
20, 1996, unless otherwise noted.
sion and order on appeal, or may re-
mand the case for any proceedings that § 13.301 Scope and purpose.
the FAA decisionmaker determines
may be necessary. (a) This subpart sets out the current
adjusted maximum civil monetary pen-
[Amdt. 13–21, 55 FR 27575, July 3, 1990; 55 FR
29293, July 18, 1990; Amdt. 13–23, 55 FR 45983,
alties or range of minimum and max-
Oct. 31, 1990] imum civil monetary penalties for each
statutory civil penalty subject to the
§ 13.235 Judicial review of a final deci- FAA’s jurisdiction under title 49 of the
sion and order. U.S. Code. These penalties have been
(a) In cases under the Federal avia- adjusted for inflation in conformity
tion statute, a party may seek judicial with the Federal Civil Penalties Infla-
review of a final decision and order of tion Adjustment Act of 1990, 28 U.S.C.
the Administrator, as provided in 49 2461 (note), as amended by the Debt
U.S.C. 46110(a), and, as applicable, in 49 Collection Improvement Act of 1996,
U.S.C. 46301(d)(7)(D)(iii), 46301(g), or Public Law 104–134, April 26, 1996, and
47532. the Federal Civil Penalties Inflation
(b) In cases under the Federal haz- Adjustment Act Improvements Act of
ardous materials transportation stat- 2015, Public Law 114–74, November 2,
ute, a party may seek judicial review 2015, in order to maintain the deterrent
of a final decision and order of the Ad- effect of civil monetary penalties and
ministrator, as provided in 49 U.S.C. to promote compliance with the law.
5127. (b) Each adjustment to the maximum
(c) A party seeking judicial review of civil monetary penalty or the range of
a final order issued by the Adminis- minimum and maximum civil mone-
trator may file a petition for review in tary penalties, as applicable, made in
the United States Court of Appeals for accordance with this subpart applies
the District of Columbia Circuit or in prospectively from the date it becomes
the United States Court of Appeals for effective to actions initiated under this
the circuit in which the party resides part, notwithstanding references to a
or has its principal place of business. specific maximum civil monetary pen-
(d) The party must file the petition alty or range of minimum and max-
for review no later than 60 days after imum civil monetary penalties con-
service of the Administrator’s final de- tained elsewhere in this part.
cision and order. (c) Minimum and maximum civil
[Doc. No. FAA–2006–26477, 71 FR 70465, Dec. 5, monetary penalties within the jurisdic-
2006] tion of the FAA are as follows:
TABLE OF MINIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN VIOLATIONS
OCCURRING ON OR AFTER AUGUST 5, 2016
New or ad- Maximum penalty amount New or ad-
Minimum justed min-
United States Code when last established or justed max-
Civil monetary penalty description penalty imum
citation adjusted by imum pen-
amount penalty Congress alty amount
amount
49 U.S.C. 5123(a), Violation of hazardous materials Deleted 7/6/ N/A ............ $75,000 per violation, ad- $77,114.
subparagraph (1). transportation law. 2012. justed 7/6/2012.
49 U.S.C. 5123(a), Violation of hazardous materials Deleted 7/6/ N/A ............ $175,000 per violation, $179,933.
subparagraph (2). transportation law resulting in 2012. adjusted 7/6/2012.
death, serious illness, severe
injury, or substantial property
destruction.
49 U.S.C. 5123(a), Violation of hazardous materials $450 per $463 .......... $75,000 per violation, ad- $77,114.
subparagraph (3). transportation law relating to violation, justed 7/6/2012.
training. adjusted.
7/6/2012 ....
80
TABLE OF MINIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN VIOLATIONS
OCCURRING ON OR AFTER AUGUST 5, 2016—Continued
New or ad- Maximum penalty amount New or ad-
Minimum justed min-
United States Code when last established or justed max-
Civil monetary penalty description penalty imum
citation adjusted by imum pen-
amount penalty Congress alty amount
amount
49 U.S.C. Violation by a person other than N/A ............ N/A ............ $25,000 per violation, es- $32,140.
46301(a)(1). an individual or small business tablished 12/12/2003.
concern under 49 U.S.C.
46301(a)(1)(A) or (B).
49 U.S.C. Violation by an airman serving as N/A ............ N/A ............ $1,100 per violation, ad- $1,414.
46301(a)(1). an airman under 49 U.S.C. justed 12/12/2003.
46301(a)(1)(A) or (B) (but not
covered by 46301(a)(5)(A) or
(B).
49 U.S.C. Violation by an individual or small N/A ............ N/A ............ $1,100 per violation, ad- $1,414.
46301(a)(1). business concern under 49 justed 12/12/2003.
U.S.C. 46301(a)(1)(A) or (B)
(but not covered in 49 U.S.C.
46301(a)(5)).
49 U.S.C. Violation of 49 U.S.C. 47107(b) N/A ............ N/A ............ Increase above otherwise No change.
46301(a)(3). (or any assurance made under applicable maximum
such section) or 49 U.S.C. amount not to exceed 3
47133. times the amount of
revenues that are used
in violation of such sec-
tion.
49 U.S.C. Violation by an individual or small N/A ............ N/A ............ $10,000 per violation, es- $12,856.
46301(a)(5)(A). business concern (except an tablished 12/12/2003.
airman serving as an airman)
under 49 U.S.C.
46301(a)(5)(A)(i) or (ii).
46301(a)(5)(B)(i). business concern related to the tablished 12/12/2003.
transportation of hazardous ma-
terials.
46301(a)(5)(B)(ii). business concern related to the tablished 12/12/2003.
registration or recordation
under 49 U.S.C. chapter 441,
of an aircraft not used to pro-
vide air transportation.
46301(a)(5)(B)(iii). business concern of 49 U.S.C. tablished 12/12/2003.
44718(d), relating to limitation
on construction or establish-
ment of landfills.
46301(a)(5)(B)(iv). business concern of 49 U.S.C. tablished 12/12/2003.
44725, relating to the safe dis-
posal of life-limited aircraft parts.
49 U.S.C. 46301(b) Tampering with a smoke alarm N/A ............ N/A ............ $2,000 per violation, es- $4,126.
device. tablished 12/22/1987.
49 U.S.C. 46302 .... Knowingly providing false infor- N/A ............ N/A ............ $10,000 per violation, es- $22,587.
mation about alleged violation tablished 10/12/1984.
involving the special aircraft ju-
risdiction of the United States.
49 U.S.C. 46318 .... Interference with cabin or flight N/A ............ N/A ............ $25,000, established 4/5/ $34,172.
crew. 2000.
49 U.S.C. 46319 .... Permanent closure of an airport N/A ............ N/A ............ $10,000 per day, estab- $12,856.
without providing sufficient no- lished 12/12/2003.
tice.
49 U.S.C. 47531 .... Violation of 49 U.S.C. 47528– N/A ............ N/A ............ See 49 U.S.C. No change.
47530, relating to the prohibi- 46301(a)(1)(A) and
tion of operating certain aircraft (a)(5), above.
not complying with stage 3
noise levels.
[Docket No. 28762, 61 FR 67445, Dec. 20, 1996, as amended by Docket No. FAA–2016–7004, Amdt.
13–38, 81 FR 43467, July 5, 2016; 81 FR 51080, Aug. 5, 2016]
81
§ 13.401 14 CFR Ch. I (1–1–17 Edition)
Subpart I—Flight Operational gregate FOQA data in a form and man-

Quality Assurance Programs ner acceptable to the Administrator.
(e) Enforcement. Except for criminal
§ 13.401 Flight Operational Quality As- or deliberate acts, the Administrator
surance Program: Prohibition will not use an operator’s FOQA data
against use of data for enforcement or aggregate FOQA data in an enforce-
purposes.
ment action against that operator or
(a) Applicability. This section applies its employees when such FOQA data or
to any operator of an aircraft who op- aggregate FOQA data is obtained from
erates such aircraft under an approved a FOQA program that is approved by
Flight Operational Quality Assurance the Administrator.
(FOQA) program. (f) Disclosure. FOQA data and aggre-
(b) Definitions. For the purpose of this gate FOQA data, if submitted in ac-
section, the terms— cordance with an order designating the
(1) Flight Operational Quality Assur- information as protected under part 193
ance (FOQA) program means an FAA- of this chapter, will be afforded the
approved program for the routine col- nondisclosure protections of part 193 of
lection and analysis of digital flight this chapter.
data gathered during aircraft oper-
(g) Withdrawal of program approval.
ations, including data currently col-
lected pursuant to existing regulatory The Administrator may withdraw ap-
provisions, when such data is included proval of a previously approved FOQA
in an approved FOQA program. program for failure to comply with the
(2) FOQA data means any digital requirements of this chapter. Grounds
flight data that has been collected for withdrawal of approval may in-
from an individual aircraft pursuant to clude, but are not limited to—
an FAA-approved FOQA program, re- (1) Failure to implement corrective
gardless of the electronic format of action that analysis of available FOQA
that data. data indicates is necessary in the inter-
(3) Aggregate FOQA data means the est of safety; or
summary statistical indices that are (2) Failure to correct a continuing
associated with FOQA event cat- pattern of violations following notice
egories, based on an analysis of FOQA by the agency; or also
data from multiple aircraft operations. (3) Willful misconduct or willful vio-
(c) Requirements. In order for para- lation of the FAA regulations in this
graph (e) of this section to apply, the chapter.
operator must submit, maintain, and
adhere to a FOQA Implementation and [Doc. No. FAA–2000–7554, 66 FR 55048, Oct. 31,
2001; Amdt. 13–30, 67 FR 31401, May 9, 2002]
Operation Plan that is approved by the
Administrator and which contains the
following elements: PART 14—RULES IMPLEMENTING
(1) A description of the operator’s THE EQUAL ACCESS TO JUSTICE
plan for collecting and analyzing flight ACT OF 1980
recorded data from line operations on a
routine basis, including identification Subpart A—General Provisions
of the data to be collected;
(2) Procedures for taking corrective Sec.
action that analysis of the data indi- 14.01 Purpose of these rules.
cates is necessary in the interest of 14.02 Proceedings covered.
safety; 14.03 Eligibility of applicants.
(3) Procedures for providing the FAA 14.04 Standards for awards.
with aggregate FOQA data; 14.05 Allowance fees and expenses.
(4) Procedures for informing the FAA Subpart B—Information Required From
as to any corrective action being un- Applicants
dertaken pursuant to paragraph (c)(2)
of this section. 14.10 Contents of application.

(d) Submission of aggregate data. The 14.11 Net worth exhibit.
operator will provide the FAA with ag- 14.12 Documentation of fees and expenses.
82
Subpart C—Procedures for Considering (b) If a proceeding includes both mat-

Applications ters covered by the Act and matters
specifically excluded from coverage,
14.20 When an application may be filed.
any award made will include only fees
14.21 Filing and service of documents.
and expenses related to covered issues.
14.22 Answer to application.
14.23 Reply. (c) Fees and other expenses may not
14.24 Comments by other parties. be awarded to a party for any portion
14.25 Settlement. of the adversary adjudication in which
14.26 Further proceedings. such party has unreasonably pro-
14.27 Decision. tracted the proceedings.
14.28 Review by FAA decisionmaker.
[54 FR 46199, Nov. 1, 1989, as amended by
14.29 Judicial review.
Amdt. 14–03, 64 FR 32935, June 18, 1999]
14.30 Payment of award.
AUTHORITY: 5 U.S.C. 504; 49 U.S.C. 106(f), § 14.03 Eligibility of applicants.
40113, 46104 and 47122.
(a) To be eligible for an award of at-
SOURCE: Docket No. 25958, 54 FR 46199, Nov. torney fees and other expenses under
1, 1989, unless otherwise noted. the Act, the applicant must be a party
to the adversary adjudication for which
Subpart A—General Provisions it seeks an award. The term ‘‘party’’ is
defined in 5 U.S.C. 504(b)(1)(B) and 5
§ 14.01 Purpose of these rules. U.S.C. 551(3). The applicant must show
The Equal Access to Justice Act, 5 that it meets all conditions or eligi-
U.S.C. 504 (the Act), provides for the bility set out in this subpart.
award of attorney fees and other ex- (b) The types of eligible applicants
penses to eligible individuals and enti- are as follows:
ties who are parties to certain adminis- (1) An individual with a net worth of
trative proceedings (adversary adju- not more than $2 million at the time
dications) before the Federal Aviation the adversary adjudication was initi-
Administration (FAA). An eligible ated;
party may receive an award when it (2) The sole owner of an unincor-
prevails over the FAA, unless the agen- porated business who has a net worth
cy’s position in the proceeding was sub- of not more than $7 million, including
stantially justified or special cir- both personal and business interests,
cumstances make an award unjust. The and not more than 500 employees at the
rules in this part describe the parties time the adversary adjudication was
eligible for awards and the proceedings initiated;
that are covered. They also explain (3) A charitable or other tax-exempt
how to apply for awards, and the proce- organization described in section
dures and standards that the FAA De- 501(c)(3) of the Internal Revenue Code
cisionmaker will use to make them. As (26 U.S.C. 501(c)(3)) with not more than
used hereinafter, the term ‘‘agency’’ 500 employees at the time the adver-
applies to the FAA. sary adjudication was initiated; and
(4) A cooperative association as de-
§ 14.02 Proceedings covered. fined in section 15(a) of the Agricul-
(a) The Act applies to certain adver- tural Marketing Act (12 U.S.C. 1141j(a))
sary adjudications conducted by the with not more than 500 employees at
FAA under 49 CFR part 17 and the Ac- the time the adversary adjudication
quisition Management System (AMS). was initiated; and
These are adjudications under 5 U.S.C. (5) Any other partnership, corpora-
554, in which the position of the FAA is tion, association, or public or private
represented by an attorney or other organization with a net worth of not
representative who enters an appear- more than $7 million and not more
ance and participates in the pro- than 500 employees at the time the ad-
ceeding. This subpart applies to pro- versary adjudication was initiated.
ceedings under 49 U.S.C. 46301, 46302, (c) For the purpose of eligibility, the
and 46303 and to the Default Adjudica- net worth and number of employees of
tive Process under part 17 of this chap- an applicant shall be determined as of
ter and the AMS. the date the proceeding was initiated.
83
§ 14.04 14 CFR Ch. I (1–1–17 Edition)
(d) An applicant who owns an unin- cluding the record with respect to the
corporated business will be considered action or failure to act by the agency
an ‘‘individual’’ rather than a ‘‘sole upon which the civil action is based)
owner of an unincorporated business’’ which was made in the civil action for
if the issues on which the applicant which fees and other expenses are
prevails are related primarily to per- sought. The burden of proof that an
sonal interests rather than to business award should not be made to an eligi-
interest. ble prevailing applicant is on the agen-
(e) The employees of an applicant in- cy counsel, who may avoid an award by
clude all persons who regularly per- showing that the agency’s position was
form services for remuneration for the reasonable in law and fact.
applicant, under the applicant’s direc- (b) An award will be reduced or de-
tion and control. Part-time employees nied if the applicant has unduly or un-
shall be included on a proportional reasonably protracted the proceeding
basis. or if special circumstances make the
(f) The net worth and number of em- award sought unjust.
ployees of the applicant and all of its
affiliates shall be aggregated to deter- § 14.05 Allowance fees and expenses.
mine eligibility. Any individual, cor- (a) Awards will be based on rates cus-
poration, or other entity that directly tomarily charged by persons engaged
or indirectly controls or owns a major- in the business of acting as attorneys,
ity of the voting shares or other inter- agents, and expert witnesses, even if
est of the applicant, or any corporation the services were made available with-
or other entity of which the applicant out charge or at a reduced rate to the
directly or indirectly owns or controls applicant.
a majority of the voting shares or (b) No award for the fee of an attor-
other interest, will be considered an af- ney or agent under this part may ex-
filiate for purposes of this part, unless ceed $125 per hour, or such rate as pre-
the ALJ or adjudicative officer deter- scribed by 5 U.S.C. 504. No award to
mines that such treatment would be compensate an expert witness may ex-
unjust and contrary to the purposes of ceed the highest rate at which the
the Act in light of the actual relation- agency pays expert witnesses. However,
ship between the affiliated entities. In an award may also include the reason-
addition, the ALJ or adjudicative offi- able expenses of the attorney, agent, or
cer may determine that financial rela- witness as a separate item, if the attor-
tionships of the applicant, other than ney, agent, or witness ordinarily
those described in this paragraph, con- charges clients separately for such ex-
stitute special circumstances that penses.
would make an award unjust. (c) In determining the reasonableness
(g) An applicant that participates in of the fee sought for an attorney,
a proceeding primarily on behalf of one agent, or expert witness, the ALJ or
or more other persons or entities that adjudicative officer shall consider the
would be ineligible if not itself eligible following:
for an award. (1) If the attorney, agent, or witness
[54 FR 46199, Nov. 1, 1989, as amended by is in private practice, his or her cus-
Amdt. 14–03, 64 FR 32935, June 18, 1999] tomary fee for similar services, or if an
employee of the applicant, the fully al-
§ 14.04 Standards for awards. located cost of the services;
(a) A prevailing applicant may re- (2) The prevailing rate for similar
ceive an award for attorney fees and services in the community in which the
other expenses incurred in connection attorney, agent, or witness ordinarily
with a proceeding, or in a significant performs services;
and discrete substantive portion of the (3) The time actually spent in the
proceeding, unless the position of the representation of the applicant;
agency over which the applicant has (4) The time reasonably spent in light
prevailed was substantially justified. of the difficulty or complexity of the
Whether or not the position of the FAA issues in the proceeding; and
was substantially justified shall be de- (5) Such other factors as may bear on
termined on the basis of the record (in- the value of the services provided.
84
(d) The reasonable cost of any study, of the Agricultural Marketing Act (12
analysis, engineering report, test, U.S.C. 1141j(a)).
project, or similar matter prepared on (c) The application shall state the
behalf of a party may be awarded, to amount of fees and expenses for which
the extent that the charge for the serv- an award is sought.
ice does not exceed the prevailing rate (d) The application may also include
for similar services, and the study or any other matters that the applicant
other matter was necessary for prepa- wishes this agency to consider in deter-
ration of the applicant’s case. mining whether and in what amount an
(e) Fees may be awarded only for award should be made.
work performed after the issuance of a (e) The application shall be signed by
complaint, or in the Default Adjudica- the applicant or an authorized officer
tive Process for a protest or contract or attorney for the applicant. It shall
dispute under part 17 of this chapter also contain or be accompanied by a
and the AMS. written verification under oath or
under penalty of perjury that the infor-
[Amdt. 13–18, 53 FR 34655, Sept. 7, 1988, as
mation provided in the application is
amended by Amdt. 14–1, 55 FR 15131, Apr. 20,
1990; Amdt. 14–03, 64 FR 32935, June 18, 1999] true and correct.
(f) If the applicant is a partnership,
corporation, association, organization,
Subpart B—Information Required or sole owner of an unincorporated
From Applicants business, the application shall state
that the applicant did not have more
§ 14.10 Contents of application. than 500 employees at the time the ad-
(a) An application for an award of versary adjudication was initiated, giv-
fees and expenses under the Act shall ing the number of its employees and
identify the applicant and the pro- describing briefly the type and purpose
ceeding for which an award is sought. of its organization or business.
The application shall show that the ap-
plicant has prevailed and identify the § 14.11 Net worth exhibit.
position of the agency in the pro- (a) Each applicant except a qualified
ceeding that the applicant alleges was tax-exempt organization or cooperative
not substantially justified. Unless the association must provide with its ap-
applicant is an individual, the applica- plication a detailed exhibit showing
tion shall also state the number of em- the net worth of the applicant and any
ployees of the applicant and describe affiliates when the proceeding was ini-
briefly the type and purpose of its or- tiated. If any individual, corporation,
ganization or business. or other entity directly or indirectly
(b) The application shall also include controls or owns a majority of the vot-
a statement that the applicant’s net ing shares or other interest of the ap-
worth does not exceed $2 million (if an plicant, or if the applicant directly or
individual) or $7 million (for all other indirectly owns or controls a majority
applicants, including their affiliates) of the voting shares or other interest of
at the time the adversary adjudication any corporation or other entity, the
was initiated. However, an applicant exhibit must include a showing of the
may omit this statement if: net worth of all such affiliates or of the
(1) It attaches a copy of a ruling by applicant including the affiliates. The
the Internal Revenue Service that it exhibit may be in any form convenient
qualifies as an organization described to the applicant that provides full dis-
in section 501(c)(3) of the Internal Rev- closure of the applicant’s and its affili-
enue Code (26 U.S.C. 501(c)(3)), or in the ates’ assets and liabilities and is suffi-
case of a tax-exempt organization not cient to determine whether the appli-
required to obtain a ruling from the In- cant qualifies under the standards in
ternal Revenue Service on its exempt this part. The administrative law judge
status, a statement that describes the may require an applicant to file addi-
basis for the applicant’s belief that it tional information to determine the
qualifies under such section; or eligibility for an award.

(2) It states that it is a cooperative (b) The net worth exhibit shall de-
association as defined in section 15(a) scribe any transfers of assets from, or
85
§ 14.12 14 CFR Ch. I (1–1–17 Edition)
obligations incurred by, the applicant which each fee has been computed, any
or any affiliate, occurring in the one- expenses for which reimbursement is
year period prior to the date on which sought, the total amount claimed, and
the proceeding was initiated, that re- the total amount paid or payable by
duced the net worth of the applicant the applicant or by any other person or
and its affiliates below the applicable entity for the services provided. The
net worth ceiling. If there were no such administrative law judge may require
transactions, the applicant shall so the applicant to provide vouchers, re-
state. ceipts, or other substantiation for any
(c) Ordinarily, the net worth exhibit expenses claimed.
will be included in the public record of
the proceeding. However, an applicant Subpart C—Procedures for
that objects to public disclosure of the Considering Applications
net worth exhibit, or any part of it,
may submit that portion of the exhibit § 14.20 When an application may be
directly to the ALJ or adjudicative of- filed.
ficer in a sealed envelope labeled (a) An application may be filed when-
‘‘Confidential Financial Information,’’ ever the applicant has prevailed in the
accompanied by a motion to withhold proceeding, but in no case later than 30
the information. days after the FAA Decisionmaker’s
(1) The motion shall describe the in- final disposition of the proceeding, or
formation sought to be withheld and service of the order of the Adminis-
explain, in detail, why it should be ex- trator in a proceeding under the AMS.
empt under applicable law or regula- (b) If review or reconsideration is
tion, why public disclosure would ad- sought or taken of a decision to which
versely affect the applicant, and why an applicant believes it has prevailed,
disclosure is not required in the public proceedings for the award of fees shall
interest. be stayed pending final disposition of
(2) The net worth exhibit shall be the underlying controversy.
served on the FAA counsel, but need (c) For purposes of this part, final
not be served on any other party to the disposition means the later of:
proceeding. (1) Under part 17 of this chapter and
(3) If the ALJ or adjudicative officer the AMS, the date on which the order
finds that the net worth exhibit, or any of the Administrator is served;
part of it, should not be withheld from (2) The date on which an unappealed
disclosure, it shall be placed in the initial decision becomes administra-
public record of the proceeding. Other- tively final;
wise, any request to inspect or copy (3) Issuance of an order disposing of
the exhibit shall be disposed of in ac- any petitions for reconsideration of the
cordance with the FAA’s established FAA Decisionmaker’s final order in the
procedures. proceeding;
[54 FR 46199, Nov. 1, 1989, as amended by (4) If no petition for reconsideration
Amdt. 14–03, 64 FR 32935, June 18, 1999] is filed, the last date on which such a
petition could have been filed; or
§ 14.12 Documentation of fees and ex- (5) Issuance of a final order or any
penses. other final resolution of a proceeding,
The application shall be accompanied such as a settlement or voluntary dis-
by full documentation of the fees and missal, which is not subject to a peti-
expenses, including the cost of any tion for reconsideration.
study, analysis, engineering report, [54 FR 46199, Nov. 1, 1989, as amended by
test, project or similar matter, for Amdt. 14–03, 64 FR 32936, June 18, 1999]
which an award is sought. A separate
itemized statement shall be submitted § 14.21 Filing and service of docu-
for each professional firm or individual ments.
whose services are covered by the ap- Any application for an award or
plication, showing the hours spent in other pleading or document related to
connection with the proceedings by an application shall be filed and served

each individual, a description of the on all parties to the proceeding in the
specific services performed, the rate at same manner as other pleadings in the
86
proceeding, except as provided in § 14.24 Comments by other parties.

§ 14.11(b) for confidential financial in-
Any party to a proceeding other than
formation. Where the proceeding was
the applicant and the FAA’s counsel
held under part 17 of this chapter and
may file comments on an application
the AMS, the application shall be filed
within 30 days after it is served, or on
with the FAA’s attorney and with the
an answer within 15 days after it is
Office of Dispute Resolution for Acqui-
served. A commenting party may not
sition.
participate further in proceedings on
[Doc. No. FAA–1998–4379, 64 FR 32936, June 18, the application unless the ALJ or adju-
1999] dicative officer determines that the
public interest requires such participa-
§ 14.22 Answer to application. tion in order to permit full exploration
(a) Within 30 days after service of an of matters raised in the comments.
application, counsel representing the
[Doc. No. FAA–1998–4379, 64 FR 32936, June 18,
agency against which an award is 1999]
sought may file an answer to the appli-
cation. Unless agency counsel requests § 14.25 Settlement.
an extension of time for filing or files
a statement of intent to negotiate The applicant and agency counsel
under paragraph (b) of the section, fail- may agree on a proposed settlement of
ure to file an answer within the 30-day the award before final action on the ap-
period may be treated as a consent to plication, either in connection with a
the award requested. settlement of the underlying pro-
(b) If the FAA’s counsel and the ap- ceeding, or after the underlying pro-
plicant believe that the issues in the ceeding has been concluded. If a pre-
fee application can be settled, they vailing party and agency counsel agree
may jointly file a statement of their on a proposed settlement of an award
intent to negotiate a settlement. The before an application has been filed,
filing of this statement shall extend the application shall be filed with the
the time for filing an answer for an ad- proposed settlement.
ditional 30 days, and further extensions
§ 14.26 Further proceedings.
may be granted by the ALJ or adju-
dicative officer upon request by the (a) Ordinarily the determination of
FAA’s counsel and the applicant. an award will be made on the basis of
(c) The answer shall explain in detail the written record; however, on request
any objections to the award requested of either the applicant or agency coun-
and identify the facts relied on in sup- sel, or on his or her own initiative, the
port of agency counsel’s position. If the ALJ or adjudicative officer assigned to
answer is based on any alleged facts the matter may order further pro-
not already in the record of the proceedings, such as an informal con-
ceeding, agency counsel shall include ference, oral argument, additional
with the answer either supporting affi- written submissions, or an evidentiary
davits or a request for further pro- hearing. Such further proceedings shall
ceedings under § 14.26. be held only when necessary for full
and fair resolution of the issues arising
[54 FR 46199, Nov. 1, 1989, as amended by
Amdt. 14–03, 64 FR 32936, June 18, 1999]
from the application and shall be con-
ducted as promptly as possible.
§ 14.23 Reply. (b) A request that the administrative
law judge order further proceedings
Within 15 days after service of an an-
under this section shall specifically
swer, the applicant may file a reply. If
identify the information sought or the
the reply is based on any alleged facts
disputed issues and shall explain why
not already in the record of the pro-
the additional proceedings are nec-
ceeding, the applicant shall include
with the reply either supporting affida- essary to resolve the issues.
vits or a request for further pro- [54 FR 46199, Nov. 1, 1989, as amended by
ceedings under § 14.26. Amdt. 14–03, 64 FR 32936, June 18, 1999]
87
§ 14.27 14 CFR Ch. I (1–1–17 Edition)
§ 14.27 Decision. after the completion of all submissions

(a) The ALJ shall issue an initial de- related to the EAJA application. Upon
cision on the application within 60 days the Administrator’s action, the order
after completion of proceedings on the shall become final, and may be re-
application. viewed under 49 U.S.C. 46110.
(b) An adjudicative officer in a pro- [Doc. No. FAA–1998–4379, 64 FR 32936, June 18,
ceeding under part 17 of this chapter 1999, as amended at 70 FR 8238, Feb. 18, 2005]
and the AMS shall prepare a findings
and recommendations for the Office of § 14.29 Judicial review.
Dispute Resolution for Acquisition. If an applicant is dissatisfied with
(c) A decision under paragraph (a) or
the determination of fees and other ex-
(b) of this section shall include written
penses made under this subsection,
findings and conclusions on the appli-
pursuant 5 U.S.C. 504(c)(2), that appli-
cant’s eligibility and status as pre-
vailing party and an explanation of the cant may, within thirty (30) days after
reasons for any difference between the the determination is made, appeal the
amount requested and the amount determination to the court of the
awarded. The decision shall also in- United States having jurisdiction to re-
clude, if at issue, findings on whether view the merits of the underlying deci-
the FAA’s position was substantially sion of the FAA adversary adjudica-
justified, or whether special cir- tion. The court’s determination on any
cumstances make an award unjust. appeal heard under this paragraph
shall be based solely on the factual
[Doc. No. FAA–1998–4379, 64 FR 32936, June 18,
1999] record made before the FAA. The court
may modify the determination of fees
§ 14.28 Review by FAA decisionmaker. and other expenses only if the court
(a) In proceedings other than those finds that the failure to make an award
under part 17 of this chapter and the of fees and other expenses, or the cal-
AMS, either the applicant or the FAA culation of the amount of the award,
counsel may seek review of the initial was unsupported by substantial evi-
decision on the fee application in ac- dence.
cordance with subpart G of part 13 of
this chapter, specifically § 13.233. Addi- § 14.30 Payment of award.
tionally, the FAA Decisionmaker may An applicant seeking payment of an
decide to review the decision on his/her award shall submit to the disbursing
own initiative. If neither the applicant official of the FAA a copy of the FAA
nor the FAA’s counsel seeks review Decisionmaker’s final decision grant-
within 30 days after the decision is ing the award, accompanied by a state-
issued, it shall become final. Whether ment that the applicant will not seek
to review a decision is a matter within review of the decision in the United
the discretion of the FAA Decision- States courts. Applications for award
maker. If review is taken, the FAA De-
grants in cases involving the FAA shall
cisionmaker will issue a final decision
be sent to: The Office of Accounting
on the application or remand the appli-
cation to the ALJ who issue the initial and Audit, AAA–1, Federal Aviation
fee award determination for further Administration, 800 Independence Ave-
proceedings. nue, SW., Washington, DC 20591. The
(b) In proceedings under part 17 of agency will pay the amount awarded to
this chapter and the AMS, the adju- the applicant within 60 days, unless ju-
dicative officer shall prepare findings dicial review of the award or of the un-
and recommendations for the Office of derlying decision of the adversary ad-
Dispute Resolution for Acquisition judication has been sought by the ap-
with recommendations as to whether plicant or any other party to the pro-
or not an award should be made, the ceeding.
amount of the award, and the reasons
therefor. The Office of Dispute Resolu-

tion for Acquisition shall submit a rec-
ommended order to the Administrator
88
PART 15—ADMINISTRATIVE CLAIMS for money damages in a sum certain

UNDER FEDERAL TORT CLAIMS ACT for injury to, or loss of, property or for
personal injury or death, alleged to
Subpart A—General Procedures have occurred by reason of the inci-
dent. A claim which should have been
Sec. presented to the FAA but which was
15.1 Scope of regulations. mistakenly filed with another Federal
15.3 Administrative claim, when presented;
appropriate office.
agency, is deemed presented to the
15.5 Administrative claim, who may file. FAA on the date the claim is received
15.7 Administrative claims; evidence and in- by the FAA at a place designated in
formation to be submitted. paragraph (b) of this section. A claim
15.9 Investigation and examination. addressed to, or filed with, the FAA by
mistake will be transferred to the ap-
Subpart B—Indemnification Under Section propriate Federal agency, if that agen-
1118 of the Federal Aviation Act of 1958 cy can be determined, or returned to
15.101 Applicability. the claimant.
15.103 Exclusions. (b) Claims shall be delivered or
15.105 Filing of requests for indemnifica- mailed to the Assistant Chief Counsel,
tion. Litigation Division, AGC–400, Federal
15.107 Notification requirements.
Aviation Administration, 800 Independ-
15.109 Settlements.
15.111 Conduct of litigation. ence Avenue, SW., Washington, DC
15.113 Indemnification agreements. 20591, or alternatively, may be mailed
15.115 Payment. or delivered to the Regional Counsel in
AUTHORITY: 5 U.S.C. 301; 28 U.S.C. 2672, 2675; any of the FAA Regional Offices or the
49 U.S.C. 106(g), 40113, 44721. Assistant Chief Counsel, Europe, Afri-
ca, and Middle East Area Office.
Subpart A—General Procedures (c) Claim forms are available at each
location listed in paragraph (b) of this
section.
SOURCE: Docket No. 25264, 52 FR 18171, May
(d) A claim presented in accordance
with this section may be amended by
§ 15.1 Scope of regulations. the claimant at any time prior to final
FAA action or prior to the exercise of
(a) These regulations apply to claims
the claimant’s option, under 28 U.S.C.
asserted under the Federal Tort Claims
2675(a), to deem the agency’s failure to
Act, as amended, for money damages
make a final disposition of his or her
against the United States for injury to,
claim within 6 months after it was filed
or loss of property, or for personal in-
as a final denial. Each amendment to a
jury or death, caused by the negligent
claim shall be submitted in writing and
or wrongful act or omission of an em-
signed by the claimant or the claim-
ployee of the FAA acting within the
ant’s duly authorized agent or legal
scope of office or employment. The reg-
representative. Upon the timely filing
ulations in this part supplement the
of an amendment to a pending claim,
Attorney General’s regulations in 28
the FAA has 6 months thereafter in
CFR part 14, as amended. The regula-
which to make a final disposition of
tions in 28 CFR part 14, as amended,
the claim as amended, and the claim-
and the regulations in this part apply
ant’s option under 28 U.S.C. 2675(a) does
to consideration by the FAA of admin-
not accrue until 6 months after the fil-
istrative claims under the Federal Tort
ing of the amendment.
Claims Act.
[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as
§ 15.3 Administrative claim, when pre- amended by Amdt. 15–1, 54 FR 39290, Sept. 25,
sented; appropriate office. 1989; Amdt. 15–4, 62 FR 46866, Sept. 4, 1997]
(a) A claim is deemed to have been
presented when the FAA receives, at a § 15.5 Administrative claim, who may
place designated in paragraph (b) of file.
this section, an executed Standard (a) A claim for injury to, or loss of,
Form 95 or other written notification property may be presented by the
of an incident, accompanied by a claim owner of the property interest which is
89
§ 15.7 14 CFR Ch. I (1–1–17 Edition)
the subject of the claim or by the own- (4) Degree of support afforded by the
er’s duly authorized agent or legal rep- decedent to each survivor dependent
resentative. upon decedent for support at the time
(b) A claim for personal injury may of death.
be presented by the injured person or (5) Decedent’s general, physical, and
that person’s duly authorized agent or mental conditions before death.
legal representative. (6) Itemized bills for medical and bur-
(c) A claim based on death may be ial expenses incurred by reason of the
presented by the executor or adminis- incident causing death or itemized re-
trator of the decedent’s estate or by ceipts of payment for such expenses.
any other person legally entitled to as- (7) If damages for pain and suffering
sert such a claim under applicable prior to death are claimed, a physi-
State law. cian’s detailed statement specifying
(d) A claim for loss wholly com- the injuries suffered, duration of pain
pensated by an insurer with the rights and suffering, any drugs administered
of a subrogee may be presented by the for pain, and the decedent’s physical
insurer. A claim for loss partially com- condition in the interval between in-
pensated by an insurer with the rights jury and death.
of a subrogee may be presented by the (8) Any other evidence or information
insurer or the insured individually, as which may have a bearing on either the
responsibility of the United States for
their respective interest appear, or
the death or the amount of damages
jointly. Whenever an insurer presents a
claimed.
claim asserting the rights of a
(b) Personal injury. In support of a
subrogee, it shall present with its
claim for personal injury, including
claim appropriate evidence that it has
pain and suffering, the claimant may
the rights of a subrogee.
be required to submit the following
(e) A claim presented by an agent or
evidence or information:
legal representative shall be presented
(1) A written report by the attending
in the name of the claimant, be signed
physician or dentist setting forth the
by the agent or legal representative,
nature and extent of the injuries, na-
show the title or legal capacity of the
ture and extent of treatment, any de-
person signing, and be accompanied by
gree of temporary or permanent dis-
evidence of authority to present a
ability, the prognosis, period of hos-
claim on behalf of the claimant as
pitalization, and any diminished earn-
agent, executor, administrator, parent,
ing capacity.
guardian, or other representative.
(2) In addition to the report required
§ 15.7 Administrative claims; evidence by paragraph (b)(1) of this section, the
and information to be submitted. claimant may be required to submit to
a physical or mental examination by a
(a) Death. In support of a claim based physician employed by the FAA or an-
on death, the claimant may be required other Federal agency. A copy of the re-
to submit the following evidence or in- port of the examining physician is
formation: made available to the claimant upon
(1) An authenticated death certifi- the claimant’s written request if the
cate or other competent evidence show- claimant has, upon request, furnished
ing cause of death, date of death, and the report required by paragraph (b)(1),
age of the decedent. and has made or agrees to make avail-
(2) The decedent’s employment or oc- able to the FAA any other physician’s
cupation at time of death, including reports previously or thereafter made
monthly or yearly salary or earnings on the physical or mental condition
(if any), and the duration of last em- which is the subject matter of the
ployment or occupation. claim.
(3) Full names, addresses, birth dates, (3) Itemized bills for medical, dental,
kinship, and marital status of the dece- and hospital expenses incurred or
dent’s survivors, including identifica- itemized receipts of payment for such
tion of those survivors who were de- expenses.

pendent for support upon the decedent (4) If the prognosis reveals the neces-
at the time of death. sity for future treatment, a statement
90
of expected expenses for such treat- § 15.101 Applicability.

ment. This subpart prescribes procedural
(5) If a claim is made for loss of time requirements for the indemnification
from employment, a written statement of a publisher of aeronautical charts or
from the claimant’s employer showing maps under section 1118 of the Federal
actual time lost from employment, Aviation Act of 1958, as amended, when
whether the claimant is a full or part- the publisher incurs liability as a re-
time employee, and wages or salary ac- sult of publishing—
tually lost. (a) A chart or map accurately depict-
(6) If a claim is made for loss of in- ing a defective or deficient flight pro-
come and the claimant is self-em- cedure or airway that was promulgated
ployed, documentary evidence showing by the FAA; or
the amount of earnings actually lost. (b) Aeronautical data that—
(7) Any other evidence or information (1) Is visually displayed in the cock-
which may have a bearing on the re- pit of an aircraft; and
sponsibility of the United States for (2) When visually displayed, accu-
the personal injury or the damages rately depicts a defective or deficient
claimed. flight procedure or airway promulgated
(c) Property damage. In support of a by the FAA.
claim for injury to or loss of property,
real or personal, the claimant may be § 15.103 Exclusions.
required to submit the following evi- A publisher that requests indem-
dence or information: nification under this part will not be
(1) Proof of ownership of the property indemnified if—
interest which is the subject of the (a) The complaint filed against the
claim. publisher, or demand for payment
(2) A detailed statement of the against the publisher, first occurred be-
amount claimed with respect to each fore December 19, 1985;
item of property. (b) The publisher does not negotiate
(3) An itemized receipt of payment a good faith settlement;
for necessary repairs or itemized writ- (c) The publisher does not conduct a
ten estimates of the cost of such re- good faith defense;
pairs. (d) The defective or deficient flight
(4) A statement listing date of pur- procedure or airway—
chase, purchase price, and salvage (1) Was not promulgated by the FAA;
value, where repair is not economical. (2) Was not accurately depicted on
(5) Any other evidence or information the publisher’s chart or map;
which may have a bearing on either the (3) Was not accurately displayed on a
responsibility of the United States for visual display in the cockpit, or
the injury to or loss of property or the (4) Was obviously defective or defi-
damages claimed. cient;
(e) The publisher does not give notice
§ 15.9 Investigation and examination. as required by § 15.107 of this part and
The FAA may investigate a claim or that failure is prejudicial to the Gov-
conduct a physical examination of a ernment; or
claimant. The FAA may request any (f) The publisher does not appeal a
other Federal agency to investigate a lower court’s decision pursuant to a re-
claim or conduct a physical examina- quest by the Administrator under
tion of a claimant and provide a report § 15.111(d)(2) of this part.
of the investigation or examination to
§ 15.105 Filing of requests for indem-
the FAA. nification.
A request for indemnification under
Subpart B—Indemnification Under this part—
Section 1118 of the Federal (a) May be filed by—
Aviation Act of 1958 (1) A publisher described in § 15.101 of
this part; or
SOURCE: Amdt. 15–2, 55 FR 18710, May 3, (2) The publisher’s duly authorized
1990, unless otherwise noted. agent or legal representative;
91
§ 15.107 14 CFR Ch. I (1–1–17 Edition)
(b) Shall be filed with the Chief Department of Justice, approves the
Counsel, Federal Aviation Administra- proposed settlement.
tion, 800 Independence Avenue SW., (3) The publisher submits a signed re-
Washington, DC 20591; and lease that clearly releases the United
(c) Shall state the basis for the pub- States from any further liability to the
lisher’s assertion that indemnification publisher and the claimant.
under this part is required. (b) If the Administrator does not ap-
prove the proposed settlement, the Ad-
§ 15.107 Notification requirements. ministrator will—
A request for indemnification will (1) So notify the publisher by reg-
not be considered by the FAA unless istered mail within 60 days of receipt of
the following conditions are met: the proposed settlement; and
(a) The publisher must notify the (2) Explain why the request for in-
Chief Counsel of the FAA, within the demnification was not approved.
time limits prescribed in paragraph (b) (c) If the Administrator approves the
or (c) of this section, of the publisher’s proposed settlement, the Adminis-
first receipt of a demand for payment, trator will so notify the publisher by
or service of a complaint in any pro- registered mail within 60 days after the
ceeding, federal or state, in which it FAA’s receipt of the proposed settle-
appears that indemnification under ment.
this part may be required. (d) If the Administrator does not
(b) For each complaint filed, or de- have sufficient information to approve
mand for payment made, on or after or disapprove the proposed settlement,
December 19, 1985, and before June 4, the Administrator will request, within
1990, the notice required by paragraph 60 days after receipt of the proposed
(a) of this section must be received by settlement, the additional information
the FAA on or before July 2, 1990. needed to make a determination.
(c) For each complaint filed, or de-
mand for payment made, on or after § 15.111 Conduct of litigation.
June 4, 1990, the notice required by
paragraph (a) of this section must be (a) If a lawsuit is filed against the
received by the FAA within 60 days publisher and the publisher has sought,
after the day the publisher first re- or intends to seek, indemnification
ceives the demand for payment or serv- under this part, the publisher shall—
ice of the complaint. (1) Give notice as required by § 15.107
(d) Within 5 days after the day a of this part;
judgment is rendered against the pub- (2) If requested by the United
lisher in any proceeding, or within 30 States—
days of the denial of an appeal, which- (i) Implead the United States as a
ever is later, the publisher must notify third-party defendant in the action;
the FAA Chief Counsel that— and
(1) There is an adverse judgment (ii) Arrange for the removal of the
against the publisher; and action to Federal Court;
(2) The publisher has a claim for in- (3) Promptly provide any additional
demnification against the FAA arising information requested by the United
out of that judgment. States; and
(4) Cooperate with the United States
§ 15.109 Settlements. in the defense of the lawsuit.
(a) A publisher may not settle a (b) If the lawsuit filed against the
claim with another party, for which publisher results in a proposed settle-
the publisher has sought, or intends to ment, the publisher shall submit that
seek, indemnification under this part, proposed settlement to the FAA for ap-
unless— proval in accordance with § 15.109 of
(1) The publisher submits a copy of this part.
the proposed settlement, and a state- (c) If the lawsuit filed against the
ment justifying the settlement, to the publisher results in a judgment against
Chief Counsel of the FAA; and the publisher and the publisher has
(2) The Administrator and where nec- sought, or intends to seek, indem-
essary, the appropriate official of the nification under this part as a result of
92
Federal Aviation Administration, DOT Pt. 16
the adverse judgment, the publisher (5) Attorney fees; or

shall— (6) Other incidental expenses.
(1) Give notice to the FAA as re- (e) The indemnification agreement
quired by § 15.107(d) of this part; must provide that the Government will
(2) Submit a copy of the trial court’s be subrogated to all claims or rights of
decision to the FAA Chief Counsel not the publisher, including third-party
more than 5 business days after the ad- claims, cross-claims, and counter-
verse judgment is rendered; and claims.
(3) If an appeal is taken from the ad-
verse judgment, submit a copy of the § 15.115 Payment.
appellate decision to the FAA Chief
After execution of the indemnifica-
Counsel not more than 30 days after
tion agreement, the FAA will submit
that decision is rendered.
the agreement to the United States De-
(d) Within 60 days after receipt of the
partment of Justice and request pay-
trial court’s decision, the Adminis-
ment, in accordance with the agree-
trator by registered mail will—
ment, from the Judgment Fund.
(1) Notify the publisher that indem-
nification is required under this part;
(2) Request that the publisher appeal PART 16—RULES OF PRACTICE FOR
the trial court’s adverse decision; or FEDERALLY-ASSISTED AIRPORT
(3) Notify the publisher that it is not ENFORCEMENT PROCEEDINGS
entitled to indemnification under this
part and briefly state the basis for the Subpart A—General Provisions
denial.
Sec.
§ 15.113 Indemnification agreements. 16.1 Applicability and description of part.
16.3 Definitions.
(a) Upon a finding of the Adminis-
16.5 Separation of functions.
trator that indemnification is required
under this part, and after obtaining the Subpart B—General Rules Applicable to
concurrence of the United States De- Complaints, Proceedings Initiated by
partment of Justice, the FAA will the FAA, and Appeals
promptly enter into an indemnification
agreement providing for the payment 16.11 General processes.
of the costs specified in paragraph (c) 16.13 Filing of documents.
of this section. 16.15 Service of documents on the parties
(b) The indemnification agreement and the agency.
will be signed by the Chief Counsel and 16.17 Computation of time.
the publisher. 16.19 Motions.
(c) The FAA will indemnify the pub-
lisher for— Subpart C—Special Rules Applicable to
(1) Compensatory damages awarded Complaints
by the court against the publisher; 16.21 Pre-complaint resolution.
(2) Reasonable costs and fees, includ- 16.23 Pleadings.
ing reasonable attorney fees at a rate 16.25 Dismissals.
not to exceed that permitted under the 16.26 Motions to dismiss and motions for
Equal Access to Justice Act (5 U.S.C. summary judgment.
504), and any postjudgment interest, if 16.27 Incomplete complaints.
the publisher conducts a good faith de- 16.29 Investigations.
fense, or pursues a good faith appeal, at 16.31 Director’s determinations after inves-
the request, or with the concurrence, of tigations.
the FAA. 16.33 Final decisions without hearing.
(d) Except as otherwise provided in 16.34 Consent orders.
this section, the FAA will not indem-
nify the publisher for— Subpart D—Special Rules Applicable to
(1) Punitive or exemplary damages; Proceedings Initiated by the FAA
(2) Civil or criminal fines or any
16.101 Basis for the initiation of agency ac-

other litigation sanctions; tion.
(3) Postjudgment interest; 16.103 Notice of investigation.
(4) Costs; 16.105 Failure to resolve informally.
93
§ 16.1 14 CFR Ch. I (1–1–17 Edition)
Subpart E—Proposed Orders of ceedings are instituted by order of the

Compliance FAA or by filing a complaint with the
FAA under the following authorities:
16.109 Orders terminating eligibility for
grants, cease and desist orders, and other
(1) 49 U.S.C. 40103(e), prohibiting the
compliance orders. grant of exclusive rights for the use of
any landing area or air navigation fa-
Subpart F—Hearings cility on which Federal funds have
been expended (formerly section 308 of
16.201 Notice and order of hearing.
the Federal Aviation Act of 1958, as
16.202 Powers of a hearing officer.
16.203 Appearances, parties, and rights of amended).
parties. (2) Requirements of the Anti-Head
16.207 Intervention and other participation. Tax Act, 49 U.S.C. 40116.
16.209 Extension of time. (3) The assurances and other Federal
16.211 Prehearing conference. obligations contained in grant-in-aid
16.213 Discovery. agreements issued under the Federal
16.215 Depositions.
16.217 Witnesses.
Airport Act of 1946, 49 U.S.C. 1101 et seq.
16.219 Subpoenas. (repealed 1970).
16.221 Witness fees. (4) The assurances and other Federal
16.223 Evidence. obligations contained in grant-in-aid
16.225 Public disclosure of evidence. agreements issued under the Airport
16.227 Standard of proof. and Airway Development Act of 1970,
16.229 Burden of proof. as amended, 49 U.S.C. 1701 et seq.
16.231 Offer of proof.
16.233 Record.
(5) The assurances and other Federal
16.235 Argument before the hearing officer. obligations contained in grant-in-aid
16.237 Waiver of procedures. agreements issued under the Airport
16.241 Initial decisions, orders, and appeals. and Airway Improvement Act of 1982
16.243 Consent orders. (AAIA), as amended and recodified, 49
16.245 Associate Administrator review after U.S.C. 47101 et seq., specifically section
a hearing. 511(a), 49 U.S.C. 47107, and 49 U.S.C.
47133.
Subpart G—Judicial Review
(6) Section 505(d) of the Airport and
16.247 Judicial review of a final decision and Airway Improvement Act of 1982, and
order. the requirements concerning civil
rights and/or Disadvantaged Business
Subpart H—Ex Parte Communications Enterprise (DBE) issues contained in 49
16.301 Prohibited ex parte communications. U.S.C. 47107(e) and 49 U.S.C. 47113; 49
16.303 Procedures for handling ex parte U.S.C. 47123; 49 U.S.C. 322, as amended;
communications. 49 CFR parts 23 and/or 26; and/or grant
16.305 Requirement to show cause and impo- assurance 30 and/or grant assurance 37.
sition of sanction. (7) Obligations contained in property
AUTHORITY: 49 U.S.C. 106(g), 322, 1110, 1111, deeds for property transferred pursuant
1115, 1116, 1718(a) and (b), 1719, 1723, 1726, 1727, to section 16 of the Federal Airport Act
40103(e), 40113, 40116, 44502(b), 46101, 46104, (49 U.S.C. 1115), section 23 of the Air-
46110, 47104, 47106(e), 47107, 47108, 47111(d), port and Airway Development Act (49
47122, 47123–47125, 47133, 47151–47153, 48103.
U.S.C. 1723), or section 516 of the Air-
SOURCE: Docket No. 27783, 61 FR 54004, Oct. port and Airway Improvement Act (49
16, 1996, unless otherwise noted. U.S.C. 47125).
(8) Obligations contained in property
Subpart A—General Provisions deeds for property transferred under
the Surplus Property Act (49 U.S.C.
§ 16.1 Applicability and description of 47151–47153).
part. (b) Other agencies. Where a grant as-
(a) General. The provisions of this surance concerns a statute, executive
part govern all Federal Aviation Ad- order, regulation, or other authority
ministration (FAA) proceedings involv- that provides an administrative proc-
ing Federally-assisted airports, except ess for the investigation or adjudica-
for complaints or requests for deter- tion of complaints by a Federal agency

mination filed with the Secretary other than the FAA, persons shall use
under 14 CFR part 302, whether the pro- the administrative process established
94
by those authorities. Where a grant as- Agency employee means any employee
surance concerns a statute, executive of the FAA.
order, regulation, or other authority Associate Administrator means the
that enables a Federal agency other FAA Associate Administrator for Air-
than the FAA to investigate, adju- ports or a designee. For the purposes of
dicate, and enforce compliance under this part only, Associate Adminis-
those authorities on its own initiative, trator also means the Assistant Ad-
the FAA may defer to that Federal ministrator for Civil Rights or a des-
agency. ignee for complaints that the FAA As-
(c) Other enforcement. If a complaint sociate Administrator for Airports
or action initiated by the FAA involves transfers to the Assistant Adminis-
a violation of the 49 U.S.C. subtitle VII trator for Civil Rights.
or FAA regulations, except as specified Complainant means the person sub-
in paragraphs (a)(1) and (a)(2) of this mitting a complaint.
section, the FAA may take investiga- Complaint means a written document
tive and enforcement action under 14 meeting the requirements of this part
CFR part 13, ‘‘Investigative and En- and filed under this part:
forcement Procedures.’’ (1) By a person directly and substan-
(d) Effective date. This part applies to tially affected by anything allegedly
a complaint filed with the FAA and to done or omitted to be done by any per-
an investigation initiated by the FAA son in contravention of any provision
on or after December 16, 1996. of any Act, as defined in this section,
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as as to matters within the jurisdiction of
amended at Amdt. 16–1, 78 FR 56141, Sept. 12, the Administrator, or
2013] (2) By a person under 49 CFR 26.105(c)
against a recipient of FAA funds al-
§ 16.3 Definitions. leged to have violated a provision of 49
Terms defined in the Acts are used as CFR parts 23 and/or 26.
so defined. As used in this part: Decisional employee means the Admin-
Act means a statute listed in § 16.1 istrator, Deputy Administrator, Asso-
and any regulation, agreement, or doc- ciate Administrator, Director, hearing
ument of conveyance issued or made officer, or other FAA employee who is
under that statute. or who may reasonably be expected to
Administrator means the Adminis- be involved in the decisional process of
trator of the FAA. the proceeding.
Agency means the FAA. Director means the Director of the
Agency attorney means the Deputy FAA Office of Airport Compliance and
Chief Counsel; the Assistant Chief Management Analysis, or a designee.
Counsel and attorneys in the Airports/ For the purposes of this part only, Di-
Environmental Law Division of the Of- rector also means the Deputy Assistant
fice of the Chief Counsel; the Assistant Administrator for Civil Rights for com-
Chief Counsel and attorneys in an FAA plaints that the Director of the FAA
region or center who represent the Office of Airport Compliance and Man-
FAA during the investigation of a com- agement Analysis transfers to the Dep-
plaint or at a hearing on a complaint, uty Assistant Administrator for Civil
and who prosecute on behalf of the Rights or designee.
FAA, as appropriate. An agency attor- Electronic filing means the process of
ney shall not include the Chief Coun- sending electronic mail (email) to the
sel; the Assistant Chief Counsel for FAA Part 16 Docket Clerk, with
Litigation, or any attorney on the staff scanned documents attached, as a
of the Assistant Chief Counsel for Liti- Portable Document Format (PDF) file.
gation, who advises the Associate Ad- Ex parte communication means an oral
ministrator regarding an initial deci- or written communication not on the
sion of the hearing officer or any ap- public record with respect to which
peal to the Associate Administrator or reasonable prior notice to all parties is
who is supervised in that action by a not given, but it shall not include re-
person who provides such advice in an quests for status reports on any matter
action covered by this part. or proceeding covered by this part, or
95
§ 16.5 14 CFR Ch. I (1–1–17 Edition)
communications between FAA employ- Airway Development Act or Airport

ees who participate as parties to a and Airway Improvement Act;
hearing pursuant to 16.203(b) of this (2) Any private owner of a public-use
part and other parties to a hearing. airport that has received financial as-
Hearing officer means an attorney sistance from the FAA for such airport;
designated by the Deputy Chief Coun- and
sel in a hearing order to serve as a (3) Any person to whom the Federal
hearing officer in a hearing under this Government has conveyed property for
part. The following are not designated airport purposes under section 13(g) of
as hearing officers: the Chief Counsel
the Surplus Property Act of 1944, as
and Deputy Chief Counsel; the Re-
amended.
gional or Center Counsel and attorneys
in the FAA region or center in which Writing or written includes paper doc-
the noncompliance has allegedly oc- uments that are filed and/or served by
curred or is occurring; the Assistant mail, personal delivery, facsimile, or
Chief Counsel and attorneys in the Air- email (as attached PDF files).
ports and Environmental Law Division [Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
of the FAA Office of the Chief Counsel; amended at Amdt. 16–1, 78 FR 56141, Sept. 12,
and the Assistant Chief Counsel and at- 2013]
torneys in the Litigation Division of
the FAA Office of Chief Counsel. § 16.5 Separation of functions.
Initial decision means a decision made (a) Proceedings under this part, in-
by the hearing officer in a hearing
cluding hearings under subpart F of
under subpart F of this part.
this part, will be prosecuted by an
Mail means U.S. first class mail; U.S.
certified mail; and U.S. express mail. agency attorney.
Unless otherwise noted, mail also (b) After issuance of an initial deter-
means electronic mail containing PDF mination in which the FAA provides
copies of pleadings or documents re- the opportunity for a hearing, an agen-
quired herein. cy employee engaged in the perform-
Noncompliance means anything done ance of investigative or prosecutorial
or omitted to be done by any person in functions in a proceeding under this
contravention of any provision of any part will not, in that case or a factu-
Act, as defined in this section, as to ally related case, participate or give
matters within the jurisdiction of the advice in an initial decision by the
Administrator. hearing officer, or a final decision by
Party means the complainant(s) and the Associate Administrator or des-
the respondent(s) named in the com- ignee on written appeal, and will not,
plaint and, after an initial determina- except as counsel or as witness in the
tion providing an opportunity for hear- public proceedings, engage in any sub-
ing is issued under § 16.31 and subpart E stantive communication regarding that
of this part, the agency. case or a related case with the hearing
Person in addition to its meaning officer, the Associate Administrator on
under 49 U.S.C. 40102(a)(33), includes a written appeal, or agency employees
public agency as defined in 49 U.S.C.
advising those officials in that capac-
47102(a)(15).
ity.
Personal delivery means same-day
hand delivery or overnight express de- (c) The Chief Counsel, the Assistant
livery service. Chief Counsel for Litigation, or an at-
Respondent means any person named torney on the staff of the Assistant
in a complaint as a person responsible Chief Counsel for Litigation advises
for noncompliance. the Associate Administrator regarding
Sponsor means: an initial decision, an appeal, or a final
(1) Any public agency which, either decision regarding any case brought
individually or jointly with one or under this part.
more other public agencies, has re-
ceived Federal financial assistance for

airport development or planning under
the Federal Airport Act, Airport and
96
Subpart B—General Rules Appli- 26; and/or grant assurance 30 and/or

cable to Complaints, Pro- grant assurance 37.
ceedings Initiated by the FAA, [Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
and Appeals amended at Amdt. 16–1, 78 FR 56142, Sept. 12,
2013]
§ 16.11 General processes.
§ 16.13 Filing of documents.
(a) Under the authority of 49 U.S.C.
40113 and 47121, the Director may con- Except as otherwise provided in this
duct investigations, issue orders, and part, documents shall be filed with the
take such other actions as are nec- FAA during a proceeding under this
essary to fulfill the purposes of this part as follows:
part. This includes the extension of (a) Filing address. Documents filed
any time period prescribed, where nec- under this Part shall be filed with the
essary or appropriate for a fair and Office of the Chief Counsel, Attention:
complete consideration of matters be- FAA Part 16 Docket Clerk, AGC–600,
fore the agency, prior to issuance of Federal Aviation Administration, 800
the Director’s Determination. Independence Avenue SW., Washington,
(b) Notwithstanding any other provi- DC 20591. Documents to be filed with a
sion of this part, upon finding that cir- hearing officer shall be filed at the ad-
cumstances require expedited handling dress and in the manner stated in the
of a particular case or controversy, the hearing order.
Director may issue an order directing (b) Date and method of filing. Filing of
any of the following prior to the any document shall be by personal de-
issuance of the Director’s Determina- livery or mail as defined in this part,
tion: by facsimile (when confirmed by filing
(1) Shortening the time period for on the same date by one of the fore-
any action under this part consistent going methods), or electronically as set
with due process; forth in paragraph (h) of this section.
(2) If other adequate opportunity to Unless the date is shown to be inac-
respond to pleadings is available, curate, documents filed with the FAA
eliminating the reply, rebuttal, or shall be deemed to be filed on the date
other actions prescribed by this part; of personal delivery, on the mailing
(3) Designating alternative methods date shown on the certificate of serv-
of service; or ice, on the date shown on the postmark
(4) Directing such other measures as if there is no certificate of service, on
may be required. the send date shown on the facsimile
(c) Other than those matters con- (provided filing has been confirmed
cerning a Corrective Action Plan, the through one of the foregoing methods),
jurisdiction of the Director terminates or on the mailing date shown by other
upon the issuance of the Director’s De- evidence if there is no certificate of
termination. All matters arising dur- service and no postmark. Unless the
ing the appeal period, such as requests date is shown to be inaccurate, docu-
for extension of time to make an ap- ments filed electronically shall be
peal, will be addressed by the Associate deemed to be filed on the date shown
Administrator. on the certificate of service or, if none,
(d) The Director may transfer to the the date of electronic transmission to
FAA Deputy Assistant Administrator the last party required to be served.
for Civil Rights or Office of Civil (c) Number of copies. With the excep-
Rights designee the authority to pre- tion of electronic filing or unless oth-
pare and issue Director’s Determina- erwise specified, an executed original
tions pursuant to § 16.31 for complaints and three copies of each document
alleging violations of section 505(d) of shall be filed with the FAA Part 16
the Airport and Airway Improvement Docket Clerk. One of the three copies
Act of 1982, and the requirements con- shall not be stapled, bound or hole-
cerning civil rights and/or Disadvan- punched. Copies need not be signed, but
taged Business Enterprise (DBE) issues the name of the person signing the
contained in 49 U.S.C. 47107(e) and 49 original shall be shown. If a hearing

U.S.C. 47113; 49 U.S.C. 47123; 49 U.S.C. order has been issued in the case, one
322, as amended; 49 CFR parts 23 and/or of the three copies shall be filed with
97
§ 16.13 14 CFR Ch. I (1–1–17 Edition)
the hearing officer unless otherwise (an) attachment(s) of (a) PDF file(s) of
prescribed by the hearing officer. the required pleading to the FAA
(d) Form. Documents filed under this Docket Clerk, and the person des-
part shall: ignated in paragraph (h)(3) of this sec-
(1) Be typewritten or legibly printed; tion.
(2) Include, in the case of docketed (2) The subject line of the email must
proceedings, the docket number of the contain the names of the complainant
proceeding on the front page; and and respondent, and must contain the
(3) Be marked to identify personal, FAA docket number (if assigned). The
privileged or proprietary information. size of each email must be less than 10
Decisions for the publication and re- MB. Email attachments containing
lease of these documents will be made executable files (e.g., .exe and .vbs
in accordance with 5 U.S.C. 552 and 49 files) will not be accepted.
CFR part 7. (3) The email address at which the
(e) Signing of documents and other pa- parties may file the documents de-
pers. The original of every document scribed in this section is 9-AWA-AGC-
filed shall be signed by the person fil- Part-16@faa.gov. No acknowledgement
ing it or the person’s duly authorized or receipt will be provided by the FAA
representative. The signature shall to parties using this method. A party
serve as a certification that the signer filing electronically as described in
has read the document and, based on this section must provide to the FAA
reasonable inquiry and to the best of Part 16 Docket Clerk and the opposing
the signer’s knowledge, information, party an email address of the person
and belief, the document is— designated by the party to receive
(1) Consistent with this part; pleadings.
(2) Warranted by existing law or that
(4) By filing a pleading or document
a good faith argument exists for exten-
electronically as described in this sec-
sion, modification, or reversal of exist-
tion, a party waives the rights under
ing law; and
this part for service by the opposing
(3) Not interposed for any improper
party and the FAA by methods other
purpose, such as to harass or to cause
unnecessary delay or needless increase than email. If a party subsequently de-
in the cost of the administrative proc- cides to ‘‘opt-out’’ of electronic filing,
ess. that party must so notify the FAA
(f) Designation of person to receive serv- Part 16 Docket Clerk and the other
ice. The initial document filed by any party in writing, from which time the
person shall state on the first page the FAA and the parties will begin serving
name, physical address, telephone the opting-out party in accordance
number, facsimile number, if any, and with §§ 16.13 and 16.15. This subsection
email address, if filing electronically, only exempts the parties from the fil-
of the person(s) to be served with docu- ing and service requirements in
ments in the proceeding. If any of these § 16.13(a) (with the exception that
items change during the proceeding, ‘‘Documents to be filed with a hearing
the person shall promptly file notice of officer shall be filed at the address and
the change with the FAA Part 16 Dock- in the manner stated in the hearing
et Clerk and the hearing officer and order.’’), the method of filing require-
shall serve the notice on all parties. ments in § 16.13(b), and the number of
(g) Docket numbers. Each submission documents requirements in § 16.13(c).
identified as a complaint under this (i) Internet accessibility of documents
part by the submitting person will be filed in the Hearing Docket. (1) Unless
assigned a docket number. protected from public disclosure, all
(h) Electronic filing. (1) The initial documents filed in the Hearing Docket
complaint may be served electronically are accessible through the Federal
upon the respondent only if the re- Docket Management System (FDMS):
spondent has previously agreed with http://www.regulations.gov. To access a
the complainant in writing to partici- particular case file, use the FDMS
pate in electronic filing. Documents number assigned to the case.

may be filed under this Part electroni- (2) Determinations issued by the Di-
cally by sending an email containing rector and Associate Administrator in
98
Part 16 cases, indexes of decisions, con- turned as undeliverable, unclaimed, or

tact information for the FAA Hearing refused; or
Docket, the rules of practice, and other (3) When the party serving the docu-
information are available on the FAA ment electronically has a confirmation
Office of Airports’ Web site at: http:// statement demonstrating that the
part16.airports.faa.gov/index.cfm. email was properly sent to a party cor-
rectly addressed.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
(e) Date of service. The date of service
amended at Amdt. 16–1, 78 FR 56142, Sept. 12,
2013] shall be determined in the same man-
ner as the filing date under § 16.13(b).
§ 16.15 Service of documents on the [Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
parties and the agency. amended at Amdt. 16–1, 78 FR 56143, Sept. 12,
Except as otherwise provided in this 2013]
part, documents shall be served as fol-
§ 16.17 Computation of time.
lows:
(a) Whom must be served. Copies of all This section applies to any period of
documents filed with the FAA Part 16 time prescribed or allowed by this part,
Docket Clerk shall be served by the by notice or order of the hearing offi-
persons filing them on all parties to cer, or by an applicable statute.
the proceeding. A certificate of service (a) The date of an act, event, or de-
shall accompany all documents when fault, after which a designated time pe-
they are tendered for filing and shall riod begins to run, is not included in a
certify concurrent service on the FAA computation of time under this part.
and all parties. Certificates of service (b) The last day of a time period is
shall be in substantially the following included in a computation of time un-
form: less it is a Saturday, Sunday, or legal
holiday for the FAA, in which case, the
I hereby certify that I have this day served time period runs until the end of the
the foregoing [name of document] on the fol- next day that is not a Saturday, Sun-
lowing persons at the following addresses, day, or legal holiday.
facsimile numbers (if also served by fac-
(c) Whenever a party has the right or
simile), or email address (if served electroni-
cally in accordance with § 16.13(h)), by [speci- is required to do some act within a pre-
fy method of service]: scribed period after service of a docu-
[list persons, addresses, facsimile numbers,
ment upon the party, and the docu-
email addresses (as applicable)] ment is served on the party by first
class mail or certified mail, 5 days
Dated this lday of l, 20l.
shall be added to the prescribed period.
[signature], for [party]
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
(b) Method of service. Except as oth- amended at Amdt. 16–1, 78 FR 56143, Sept. 12,
erwise agreed by the parties and, if ap- 2013]
plicable, the hearing officer, the meth-
od of service is the same as set forth in § 16.19 Motions.
§ 16.13(b) for filing documents. (a) General. An application for an
(c) Where service shall be made. Serv- order or ruling not otherwise specifi-
ice shall be made to the persons identi- cally provided for in this part shall be
fied in accordance with § 16.13(f). If no by motion. Unless otherwise ordered by
such person has been designated, serv- the agency, the filing of a motion will
ice shall be made on the party. not stay the date that any action is
(d) Presumption of service. There shall permitted or required by this part.
be a presumption of lawful service— (b) Form and contents. Unless made
(1) When acknowledgment of receipt during a hearing, motions shall be
is by a person who customarily or in made in writing, shall state with par-
the ordinary course of business re- ticularity the relief sought and the
ceives mail at the address of the party grounds for the relief sought, and shall
or of the person designated under be accompanied by affidavits or other
§ 16.13(f); evidence relied upon. Motions intro-
(2) When a properly addressed enve- duced during hearings may be made
lope, sent to the most current address orally on the record, unless the hearing
submitted under § 16.13(f), has been re- officer directs otherwise.
99
§ 16.21 14 CFR Ch. I (1–1–17 Edition)
(c) Answers to motions. Except as oth- fice, FAA Regional Airports Division
erwise provided in this part, or except responsible for administering financial
when a motion is made during a hear- assistance to the sponsor, or the FAA
ing, any party may file an answer in Office of Civil Rights will be available
support of or in opposition to a motion, upon request to assist the parties with
accompanied by affidavits or other evi- informal resolution.
dence relied upon, provided that the (b) Except for complaints filed under
answer to the motion is filed within 10 49 CFR 26.105(c), a complaint will be
days after the motion has been served dismissed under § 16.27 unless the per-
upon the person answering, or any son or authorized representative filing
other period set by the hearing officer. the complaint certifies that:
Where a motion is made during a hear-
(1) The complainant has made sub-
ing, the answer and the ruling thereon
stantial and reasonable good faith ef-
may be made at the hearing, or orally
or in writing within the time set by the forts to resolve the disputed matter in-
hearing officer. formally prior to filing the complaint;
(d) Deferred actions on motions. A rul- and
ing on a motion made before the time (2) There is no reasonable prospect
set for the issuance of the Director’s for practical and timely resolution of
Determination may be deferred to and the dispute.
included with the Director’s Deter- (c) The certification required under
mination. paragraph (b) of this section, shall in-
(e) Extension by motion. A party shall clude a brief description of the party’s
file a written motion for an extension efforts to obtain informal resolution
of time not later than 3 business days but shall not include information on
before the document is due unless good monetary or other settlement offers
cause for the late filing is shown. A made but not agreed upon in writing by
party filing a motion for extension all parties. Such efforts to resolve in-
should attempt to obtain the concur- formally should be relatively recent
rence of the opposing party. A party and be demonstrated by pertinent doc-
filing a written motion for an exten- umentation. There is no required form
sion of time shall file the motion as re- or process for informal resolution, but
quired under § 16.13, and serve a copy of in each case the requirements to re-
the motion on all parties and the dock- solve the matter informally must meet
et clerk as required under § 16.15. the requirements of this paragraph.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16–1, 78 FR 56143, Sept. 12, [Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
2013] amended at Amdt. 16–1, 78 FR 56143, Sept. 12,
2013]
Subpart C—Special Rules § 16.23 Pleadings.

Applicable to Complaints
(a) A person directly and substan-
§ 16.21 Pre-complaint resolution. tially affected by any alleged non-
compliance or a person qualified under
(a) Except for those persons filing
49 CFR 26.105(c) may file a complaint
under 49 CFR 26.105(c), prior to filing a
complaint under this part, a person di- under this part. A person doing busi-
rectly and substantially affected by the ness with an airport and paying fees or
alleged noncompliance shall initiate rentals to the airport shall be consid-
and engage in good faith efforts to re- ered directly and substantially affected
solve the disputed matter informally by alleged revenue diversion as defined
with those individuals or entities be- in 49 U.S.C. 47107(b).
lieved responsible for the noncompli- (b) Complaints filed under this part
ance. These efforts at informal resolu- shall—
tion may include, without limitation, (1) State the name and address of
at the parties’ expense, mediation, ar- each person who is the subject of the
bitration, or the use of a dispute reso- complaint and, with respect to each
lution board, or other form of third person, the specific provisions of each
party assistance. The FAA Airports Act that the complainant believes were
District Office, FAA Airports Field Of- violated;
100
(2) Include all documents then avail- an Act or any regulation, order, agree-
able in the exercise of reasonable dili- ment or document of conveyance
gence, to be offered in support of the issued under the authority of an Act.
complaint, and to be served upon all (2) Except as otherwise provided by
persons named in the complaint as per- statute or rule, the proponent of a mo-
sons responsible for the alleged action, request, or order has the burden
tion(s) or omission(s) upon which the of proof.
complaint is based; (3) A party who has asserted an af-
(3) Provide a concise but complete firmative defense has the burden of
statement of the facts relied upon to proving the affirmative defense.
substantiate each allegation; and (l) Except for good cause shown
(4) Except for complaints filed under through motion and supporting docu-
49 CFR 26.105(c), describe how the comments, discovery is not permitted ex-
plainant was directly and substantially cept as provided in §§ 16.213 and 16.215.
affected by the things done or omitted [Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
to be done by the respondents. amended at Amdt. 16–1, 78 FR 56143, Sept. 12,
(c) Unless the complaint is dismissed 2013]
pursuant to § 16.25 or § 16.27, the FAA
notifies the complainant and respond- § 16.25 Dismissals.
ent in writing within 20 days after the (a) Within 20 days after the receipt of
date the FAA receives the complaint the complaint, unless a motion has
that the complaint has been docketed. been filed under § 16.26, the Director
(d) The respondent shall file an an- will dismiss a complaint, or any claim
swer within 20 days of the date of serv- made in a complaint, with prejudice if:
ice of the FAA notification or, if a mo- (1) It appears on its face to be outside
tion is filed under § 16.26, within 20 days the jurisdiction of the Administrator
of the date of service of an FAA order under the Acts listed in § 16.1;
denying all or part of that motion. (2) On its face it does not state a
(e) The complainant may file a reply claim that warrants an investigation
within 10 days of the date of service of or further action by the FAA; or
the answer. (3) The complainant lacks standing
(f) The respondent may file a rebuttal to file a complaint under §§ 16.3 and
within 10 days of the date of service of 16.23.
the complainant’s reply. (b) A dismissal under this section
(g) The answer, reply, and rebuttal will include the reasons for the dis-
shall, like the complaint, be accom- missal.
panied by supporting documentation [Amdt. 16–1, 78 FR 56144, Sept. 12, 2013]
upon which the parties rely.
(h) The answer shall deny or admit § 16.26 Motions to dismiss and motions
the allegations made in the complaint for summary judgment.
or state that the person filing the doc- (a) In lieu of an answer, the respond-
ument is without sufficient knowledge ent may file a motion to dismiss the
or information to admit or deny an al- complaint or a motion for summary
legation, and shall assert any affirma- judgment on the complaint. The re-
tive defense. spondent may move for dismissal of the
(i) The answer, reply, and rebuttal entire complaint or move for dismissal
shall each contain a concise but com- of particular issues from adjudication.
plete statement of the facts relied upon The motion must be filed within 20
to substantiate the answers, admis- days after the date of service of the
sions, denials, or averments made. FAA notification of docketing.
(j) Amendments or supplements to (b) Motions to dismiss. (1) A motion to
the pleadings described in this section dismiss shall be accompanied by a con-
will not be allowed without showing cise statement of the reasons for seek-
good cause through a motion and sup- ing dismissal. The respondent must
porting documents. show that the complaint should be dis-
(k) Burden of proof. Except as used in missed, with prejudice, if:
subpart F of this part, (i) It appears on its face to be outside

(1) The burden of proof is on the com- the jurisdiction of the Administrator
plainant to show noncompliance with under the Acts listed in § 16.1;
101
§ 16.27 14 CFR Ch. I (1–1–17 Edition)
(ii) On its face it does not state a contention that there is no genuine
claim that warrants an investigation issue of material fact in dispute.
or further action by the FAA; or (3) A complainant may file an answer
(iii) The complainant lacks standing to the motion for summary judgment
to file a complaint under §§ 16.3 and within 10 days of the date the motion is
16.23. served on the complainant, or within
(2) A motion to dismiss may seek dis- any other period set by the Director.
missal of the entire complaint or the The answer shall be accompanied by a
dismissal of specified claims in the concise statement of the material facts
complaint. A motion to dismiss shall as to which the complainant contends
be accompanied by a supporting memo- there is a genuine issue, and may be ac-
randum of points and authorities. companied by affidavits and other doc-
(3) A complainant may file an answer umentary evidence in support of that
to the motion to dismiss within 10 days contention.
of the date the motion is served on the (4) Within 30 days of the date an an-
complainant, or within any other pe- swer to a motion for summary judg-
riod set by the Director. The answer ment is due under this section, the Di-
shall be accompanied by a concise rector may issue an order disposing of
statement of reasons for opposing dis- the motion. If the Director denies the
missal, and may be accompanied by af- motion in whole or in part, or grants
fidavits and other documentary evi- the motion in part, then within 20 days
dence in support of that contention. of when the order is served on the re-
(4) Within 30 days of the date an an- spondent, the respondent shall file an
swer to a motion to dismiss is due answer to the complaint.
under this section, the Director may (5) If the Director does not act on the
issue an order disposing of the motion. motion for summary judgment within
If the Director denies the motion to 30 days of the date an answer to a mo-
dismiss in whole or in part, or grants tion is due under this section, the re-
the motion in part, then within 20 days spondent shall file an answer to the
of when the order is served on the re- complaint within the next 20 days.
spondent, the respondent shall file an
answer to the complaint. [Amdt. 16–1, 78 FR 56144, Sept. 12, 2013]
(5) If the Director does not act on the
§ 16.27 Incomplete complaints.
motion to dismiss within 30 days of the
date an answer to a motion is due (a) If a complaint is not dismissed
under this section, the respondent shall pursuant to § 16.25, but is deficient as to
file an answer to the complaint within one or more of the requirements set
the next 20 days. forth in § 16.21 or § 16.23(b), the Director
(c) Motions for summary judgment. (1) will dismiss the complaint within 20
A motion for summary judgment may days after receiving it. Dismissal will
be based upon the ground that there is be without prejudice to the refiling of
no genuine issue of material fact for the complaint after amendment to cor-
adjudication and that the complaint, rect the deficiencies. The Director’s
when viewed in the light most favor- dismissal will include the reasons for
able to the complainant, should be the dismissal.
summarily adjudicated in favor of the (b) Dismissals under this section are
respondent as a matter of law. A mo- not initial determinations, and appeals
tion for summary judgment may seek from decisions under this section will
dismissal of the entire complaint or not be permitted.
dismissal of specified claims or issues
in the complaint. [Amdt. 16–1, 78 FR 56144, Sept. 12, 2013]
(2) The motion for summary judg-
§ 16.29 Investigations.
ment shall be accompanied by a con-
cise statement of the material facts as (a) If, based on the pleadings, there
to which the respondent contends there appears to be a reasonable basis for fur-
is no genuine issue of material fact. ther investigation, the FAA inves-

The motion may include affidavits and tigates the subject matter of the com-
documentary evidence in support of the plaint.
102
(b) The investigation may include preponderance of the reliable, pro-

one or more of the following, at the bative, and substantial evidence con-
sole discretion of the FAA: tained in the record.
(1) A review of the written submis- (c) A party adversely affected by the
sions or pleadings of the parties, as Director’s Determination may appeal
supplemented by any informal inves- the initial determination as provided
tigation the FAA considers necessary in § 16.33. However, if the Director’s De-
and by additional information fur- termination that is appealed contains a
nished by the parties at FAA request. Corrective Action Plan, the Director
In rendering its initial determination, has the discretion to suspend the Cor-
the FAA may rely entirely on the com- rective Action Plan until the appeal is
plaint and the responsive pleadings resolved.
provided under this subpart. Each (d) If the Director’s Determination
party shall file documents that it con- finds the respondent in noncompliance
siders sufficient to present all relevant and proposes the issuance of a compli-
facts and argument necessary for the ance order, the initial determination
FAA to determine whether the sponsor will include notice of opportunity for a
is in compliance. hearing under subpart F of this part if
(2) Obtaining additional oral and doc- a hearing is required by statute or oth-
umentary evidence by use of the agen- erwise provided by the FAA. A hearing
cy’s authority to compel production of may be required by statute if the FAA
such evidence under 49 U.S.C. 40113 and determination would terminate eligi-
46104, and 49 U.S.C. 47122. The Adminis- bility for grants under 49 U.S.C.
trator’s statutory authority to issue 47114(c) or (e), or terminate payments
compulsory process has been delegated on a grant agreement under 49 U.S.C.
to the Chief Counsel, the Deputy Chief subchapter 471. The respondent may
Counsel, the Assistant Chief Counsel elect or waive a hearing, as provided in
for Airports and Environmental Law, subpart E of this part.
and each Assistant Chief Counsel for a (e) The Director will not consider re-
region or center. quests for rehearing, reargument, re-
(3) Conducting or requiring that a consideration, or modification of a Di-
sponsor conduct an audit of airport fi- rector’s Determination without a find-
nancial records and transactions as ing of good cause.
provided in 49 U.S.C. 47107 and 47121.
[Amdt. 16–1, 78 FR 56145, Sept. 12, 2013]
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
amended at Amdt. 16–1 78 FR 56145, Sept. 12, § 16.33 Final decisions without hear-
2013] ing.
§ 16.31 Director’s Determinations after (a) The Associate Administrator may
investigations. transfer to the FAA Assistant Adminis-
(a) After consideration of the plead- trator for Civil Rights the responsi-
ings and other information obtained by bility to prepare and issue Final Agen-
the FAA after investigation, the Direc- cy Decisions pursuant to this section
tor will render an initial determination for appeals with issues concerning civil
and serve it upon each party within 120 rights.
days of the date the last pleading speci- (b) The Associate Administrator will
fied in § 16.23 was due. issue a final decision on appeal from
(b)(1) The Director’s Determination the Director’s Determination, without
shall include findings of fact and con- a hearing, where—
clusions of law, accompanied by expla- (1) The complaint is dismissed after
nations and based upon all material investigation;
issues of fact, credibility of the evi- (2) A hearing is not required by stat-
dence, law and discretion presented on ute and is not otherwise made avail-
the record, together with a statement able by the FAA; or
of the reasons therefor. (3) The FAA provides opportunity for
(2) The Director shall issue a deter- a hearing to the respondent and the re-
mination or rule in a party’s favor only spondent waives the opportunity for a
if the determination or ruling is in ac- hearing as provided in subpart E of this
cordance with law and supported by a part.
103
§ 16.34 14 CFR Ch. I (1–1–17 Edition)
(c) In the cases described in para- of a final order will be considered with-
graph (b) of this section, within 30 days out a finding of good cause.
after the date of service of the initial [Amdt. 16–1, 78 FR 56145, Sept. 12, 2013]
determination, a party adversely af-
fected by the Director’s Determination § 16.34 Consent orders.
may file in accordance with § 16.13 and
(a) The parties may agree at any
serve in accordance with § 16.15 a simul-
time before the issuance of a final
taneous Notice of Appeal and Brief.
agency decision to dispose of the case
(d) A reply to an appeal brief may be by proposing a consent order. Good
filed within 20 days after the date of faith efforts to resolve a complaint
service of the appeal. through issuance of a consent order
(e) On appeal, the Associate Adminis- may continue throughout the adminis-
trator will consider the issues ad- trative process. However, except as
dressed in any order on a motion to provided in § 16.11(a), such efforts may
dismiss or motion for summary judg- not serve as the basis for extensions of
ment and any issues accepted in the the times set forth in this part.
Director’s Determination using the fol- (b) A proposal for a consent order,
lowing analysis: specified in paragraph (a) of this sec-
(1) Are the findings of fact each sup- tion, shall include:
ported by a preponderance of reliable, (1) A proposed consent order;
probative, and substantial evidence (2) An admission of all jurisdictional
contained in the record? facts; and
(2) Are conclusions made in accord- (3) An express waiver of the right to
ance with law, precedent and policy? further procedural steps and of all
(3) Are the questions on appeal sub- rights of judicial review.
stantial? (c) If the parties agree to dispose of a
(4) Have any prejudicial errors oc- case by issuance of a consent order be-
curred? fore the FAA issues a Director’s Deter-
(f) Any new issues or evidence pre- mination, the proposal for a consent
sented in an appeal or reply will not be order is submitted jointly by the par-
considered unless accompanied by a pe- ties to the Director, together with a re-
tition and good cause found as to why quest to adopt the consent order and
the new issue or evidence was not pre- dismiss the case. The Director may
sented to the Director. Such a petition issue the consent order as an order of
must: the FAA and terminate the proceeding.
(1) Set forth the new matter;
[Amdt. 16–1, 78 FR 56145, Sept. 12, 2013]
(2) Contain affidavits of prospective
witnesses, authenticated documents, or
both, or an explanation of why such Subpart D—Special Rules Applica-
substantiation is unavailable; and ble to Proceedings Initiated
(3) Contain a statement explaining by the FAA
why such new issue or evidence could
not have been discovered in the exer- § 16.101 Basis for the initiation of
cise of due diligence prior to the date agency action.
on which the evidentiary record closed. The FAA may initiate its own inves-
(g) The Associate Administrator will tigation of any matter within the ap-
issue a final decision and order within plicability of this part without having
60 days after the due date of the reply. received a complaint. The investiga-
(h) If no appeal is filed within the tion may include, without limitation,
time period specified in paragraph (c) any of the actions described in
of this section, the Director’s Deter- § 16.29(b).
mination becomes the final decision
and order of the FAA without further § 16.103 Notice of investigation.
action. A Director’s Determination Following the initiation of an inves-
that becomes final, because there is no tigation under § 16.101, the FAA sends a
administrative appeal, is not judicially notice to the person(s) subject to inves-
reviewable. tigation. The notice will set forth the

(i) No requests for rehearing, reargu- areas of the agency’s concern and the
ment, reconsideration, or modification reasons therefor; request a response to
104
the notice within 30 days of the date of (iii) File, jointly with a complainant,
service; and inform the respondent that a motion to withdraw the complaint
the FAA will, in its discretion, invite and to dismiss the proposed compliance
good faith efforts to resolve the mat- action; or
ter. (iv) Submit, jointly with the agency,
a proposed consent order under
§ 16.105 Failure to resolve informally. § 16.34(c).
If the matters addressed in the FAA (2) If the respondent fails to file an
notices are not resolved informally, the appeal in writing within the time peri-
FAA may issue a Director’s Determina- ods provided in paragraph (c) of this
tion under § 16.31. section, the Director’s Determination
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
becomes final.
amended at Amdt. 16–1, 78 FR 56146, Sept. 12, (c) The Director may either direct
2013] the respondent to submit a Corrective
Action Plan or initiate proceedings to
Subpart E—Proposed Orders of revoke and/or deny the respondent’s
Compliance application for Airport Improvement
Program discretionary grants under 49
§ 16.109 Orders terminating eligibility U.S.C. 47115 and general aviation air-
for grants, cease and desist orders, port grants under 49 U.S.C. 47114(d)
and other compliance orders. when a Director’s Determination finds
(a) The agency will provide the op- a respondent in noncompliance and
portunity for a hearing if, in the Direc- does not provide for a hearing.
tor’s determination, the agency issues (d) In the event that the respondent
or proposes to issue an order termi- fails to submit, in accordance with a
nating eligibility for grants pursuant Director’s Determination, a Corrective
to 49 U.S.C. 47106(d), an order sus- Action Plan acceptable to the FAA
pending the payment of grant funds within the time provided, unless ex-
pursuant to 49 U.S.C. 47111(d); an order tended by the FAA for good cause, and/
withholding approval of any new appli- or if the respondent fails to complete
cation to impose a passenger facility the Corrective Action Plan as specified
charge pursuant to 49 U.S.C. 47111(e); a therein, the Director may initiate ac-
cease and desist order; an order direct- tion to revoke and/or deny applications
ing the refund of fees unlawfully col- for Airport Improvement Program dis-
lected; or any other compliance order cretionary grants under 49 U.S.C. 47115
issued by the Administrator to carry and general aviation airport grants
out the provisions of the Acts, and re- under 49 U.S.C. 47114(d).
quired to be issued after notice and op- (e) For those violations that cannot
portunity for a hearing. In cases in be remedied through corrective action,
which a hearing is not required by stat- the Director may initiate action to re-
ute, the FAA may provide opportunity voke and/or deny the respondent’s ap-
for a hearing at its discretion. plications for Airport Improvement
(b) In a case in which the agency pro- Program discretionary grants under 49
vides the opportunity for a hearing, the U.S.C. 47115 and general aviation air-
Director’s Determination issued under port grants under 49 U.S.C. 47114(d).
§ 16.31 will include a statement of the (f) When the Director concludes that
availability of a hearing under subpart the respondent has fully complied with
F of this part. the Corrective Action Plan and/or when
(1) Within 20 days after service of a the Director determines that the re-
Director’s Determination under § 16.31 spondent has corrected the areas of
that provides an opportunity for a noncompliance, the Director will ter-
hearing a person subject to the pro- minate the proceeding.
posed compliance order may— (g) A complainant’s standing termi-
(i) Request a hearing under subpart F nates upon the issuance of a Director’s
of this part; Determination that finds a respondent
(ii) Waive hearing and appeal the Di- in noncompliance on all identified
rector’s Determination in writing, as issues. The complainant may not ap-
provided in § 16.33; peal the Director’s Determination if
105
§ 16.201 14 CFR Ch. I (1–1–17 Edition)
the Director finds noncompliance on (e) Rule on offers of proof;

all identified issues. (f) Receive relevant and material evi-
dence;
[Amdt. 16–1, 78 FR 56146, Sept. 12, 2013]
(g) Regulate the course of the hear-
ing in accordance with the rules of this
Subpart F—Hearings part to avoid unnecessary and duplica-
tive proceedings in the interest of
§ 16.201 Notice and order of hearing.
prompt and fair resolution of the mat-
(a) If a respondent is provided the op- ters at issue;
portunity for hearing in an initial de- (h) Hold conferences to settle or to
termination and does not waive hear- simplify the issues by consent of the
ing, the Deputy Chief Counsel within 10 parties;
days after the respondent elects a hear- (i) Dispose of procedural motions and
ing will issue and serve on the respond- requests;
ent and complainant a hearing order. (j) Examine witnesses; and
The hearing order will set forth: (k) Make findings of fact and conclu-
(1) The allegations in the complaint, sions of law, and issue an initial deci-
or notice of investigation, and the sion.
chronology and results of the inves-
tigation preliminary to the hearing; § 16.203 Appearances, parties, and
(2) The relevant statutory, judicial, rights of parties.
regulatory, and other authorities; (a) Appearances. Any party may ap-
(3) The issues to be decided; pear and be heard in person.
(4) Such rules of procedure as may be (1) Any party may be accompanied,
necessary to supplement the provisions represented, or advised by an attorney
of this part; licensed by a State, the District of Co-
(5) The name and address of the per- lumbia, or a territory of the United
son designated as hearing officer, and States to practice law or appear before
the assignment of authority to the the courts of that State or territory, or
hearing officer to conduct the hearing by another person authorized by the
in accordance with the procedures set hearing officer to be the party’s rep-
forth in this part; and resentative.
(6) The date by which the hearing of- (2) An attorney, or other duly author-
ficer is directed to issue an initial deci- ized representative, who represents a
sion. party shall file a notice of appearance
(b) Where there are no genuine issues in accordance with § 16.13.
of material fact requiring oral exam- (b) Parties and agency participation. (1)
ination of witnesses, the hearing order The parties to the hearing are the com-
may contain a direction to the hearing plainant(s) and respondent(s) named in
officer to conduct a hearing by submis- the hearing order, and the agency. The
sion of briefs and oral argument with- style of any pleadings filed under this
out the presentation of testimony or Subpart shall name the respondent as
other evidence. the Appellant, and the Federal Avia-
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as tion Administration as the Agency.
amended at Amdt. 16–1, 78 FR 56146, Sept. 12, (2) Unless otherwise specified in the
2013] hearing order, the agency attorney will
serve as prosecutor for the agency from
§ 16.202 Powers of a hearing officer. the date of issuance of the Director’s
In accordance with the rules of this Determination providing an oppor-
subpart, a hearing officer may: tunity for hearing.
(a) Give notice of, and hold, pre- [Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
hearing conferences and hearings; amended at Amdt. 16–1, 78 FR 56146, Sept. 12,
(b) Administer oaths and affirma- 2013]
tions;
(c) Issue subpoenas authorized by law § 16.207 Intervention and other par-
and issue notices of deposition re- ticipation.
quested by the parties; (a) Intervention and participation by

(d) Limit the frequency and extent of other persons are permitted only at the
discovery; hearing stage of the complaint process
106
and with the written approval of the motion for an extension of time shall
hearing officer. serve a copy of the motion on each
(b) A person may submit a written party.
motion for leave to intervene as a (c) Failure to rule. If the hearing offi-
party. Except for good cause shown, a cer fails to rule on a written motion for
motion for leave to intervene shall be an extension of time by the date the
submitted not later than 10 days after document was due, the motion for an
the notice of hearing and hearing extension of time is deemed denied.
order.
(d) Effect on time limits. In a hearing
(c) If the hearing officer finds that
required by section 519(b) of the Air-
intervention will not unduly broaden
the issues or delay the proceedings and, port and Airways Improvement Act, as
if the person has an interest that will amended in 1987, 49 U.S.C. 47106(e) and
benefit the proceedings, the hearing of- 47111(d), the due date for the hearing
ficer may grant a motion for leave to officer’s initial decision and for the
intervene. The hearing officer may de- final agency decision are extended by
termine the extent to which an inter- the length of the extension granted by
venor may participate in the pro- the hearing officer only if the hearing
ceedings. officer grants an extension of time as a
(d) Other persons may petition the result of an agreement by the parties
hearing officer for leave to participate as specified in paragraph (a) of this sec-
in the hearing. Participation is limited tion or, if the hearing officer grants an
to the filing of a posthearing brief and extension of time as a result of the
reply to the hearing officer and the As- sponsor’s failure to adhere to the hear-
sociate Administrator. Such a brief ing schedule. In any other hearing, an
shall be filed and served on all parties extension of time granted by the hear-
in the same manner as the parties’ ing officer for any reason extends the
posthearing briefs are filed. due date for the hearing officer’s ini-
(e) Participation under this section is tial decision and for the final agency
at the discretion of the hearing officer, decision by the length of time of the
and no decision permitting participa- hearing officer’s decision.
tion shall be deemed to constitute an
expression that the participant has § 16.211 Prehearing conference.
such a substantial interest in the pro-
ceeding as would entitle it to judicial (a) Prehearing conference notice. The
review of such decision. hearing officer schedules a prehearing
conference and serves a prehearing con-
[Amdt. 16–1, 78 FR 56146, Sept. 12, 2013] ference notice on the parties promptly
§ 16.209 Extension of time. after being designated as a hearing of-
ficer.
(a) Extension by oral agreement. The (1) The prehearing conference notice
parties may agree to extend for a rea-
specifies the date, time, place, and
sonable period of time for filing a docu-
manner (in person or by telephone) of
ment under this part. If the parties
the prehearing conference.
agree, the hearing officer shall grant
one extension of time to each party. (2) The prehearing conference notice
The party seeking the extension of may direct the parties to exchange pro-
time shall submit a draft order to the posed witness lists, requests for evi-
hearing officer to be signed by the dence and the production of documents
hearing officer and filed with the hear- in the possession of another party, re-
ing docket. The hearing officer may sponses to interrogatories, admissions,
grant additional oral requests for an proposed procedural schedules, and pro-
extension of time where the parties posed stipulations before the date of
agree to the extension. the prehearing conference.
(b) Extension by motion. A party shall (b) The prehearing conference. The pre-
file a written motion for an extension hearing conference is conducted by
of time with the hearing officer not telephone or in person, at the hearing
later than 7 days before the document officer’s discretion. The prehearing
is due unless good cause for the late fil- conference addresses matters raised in
ing is shown. A party filing a written the prehearing conference notice and
107
§ 16.213 14 CFR Ch. I (1–1–17 Edition)
such other matters as the hearing offi- (2) The deposition is deemed nec-
cer determines will assist in a prompt, essary to perpetuate the testimony of
full and fair hearing of the issues. the witness; or
(c) Prehearing conference report. At (3) The taking of the deposition is
the close of the prehearing conference, necessary to prevent undue and exces-
the hearing officer rules on any re- sive expense to a party and will not re-
quests for evidence and the production sult in undue burden to other parties or
of documents in the possession of other in undue delay.
parties, responses to interrogatories, (b) Application for deposition. Any
and admissions; on any requests for party desiring to take the deposition of
depositions; on any proposed stipula- a witness shall make application there-
tions; and on any pending applications for to the hearing officer in writing,
for subpoenas as permitted by § 16.219. with a copy of the application served
In addition, the hearing officer estab- on each party. The application shall in-
lishes the schedule, which shall provide clude:
for the issuance of an initial decision
(1) The name and residence of the
not later than 110 days after issuance
witness;
of the Director’s Determination order
unless otherwise provided in the hear- (2) The time and place for the taking
ing order. of the proposed deposition;
(3) The reasons why such deposition
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as should be taken; and
(4) A general description of the mat-
2013]
ters concerning which the witness will
§ 16.213 Discovery. be asked to testify.
(a) Discovery is limited to requests (c) Order authorizing deposition. If
for admissions, requests for production good cause is shown, the hearing offi-
of documents, interrogatories, and cer, in his or her discretion, issues an
depositions as authorized by § 16.215. order authorizing the deposition and
(b) The hearing officer shall limit the specifying the name of the witness to
frequency and extent of discovery per- be deposed, the location and time of
mitted by this section if a party shows the deposition and the general scope
that— and subject matter of the testimony to
(1) The information requested is cu- be taken.
mulative or repetitious; (d) Procedures for deposition. (1) Wit-
(2) The information requested may be nesses whose testimony is taken by
obtained from another less burdensome deposition shall be sworn or shall af-
and more convenient source; firm before any questions are put to
(3) The party requesting the informa- them. Each question propounded shall
tion has had ample opportunity to ob- be recorded and the answers of the wit-
tain the information through other dis- ness transcribed verbatim.
covery methods permitted under this (2) Objections to questions or evi-
section; or dence shall be recorded in the tran-
(4) The method or scope of discovery script of the deposition. The inter-
requested by the party is unduly bur- posing of an objection shall not relieve
densome or expensive. the witness of the obligation to answer
questions, except where the answer
§ 16.215 Depositions. would violate a privilege.
(a) General. For good cause shown, (3) The written transcript shall be
the hearing officer may order that the subscribed by the witness, unless the
testimony of a witness may be taken parties by stipulation waive the sign-
by deposition and that the witness ing, or the witness is ill, cannot be
produce documentary evidence in con- found, or refuses to sign. The reporter
nection with such testimony. Gen- shall note the reason for failure to
erally, an order to take the deposition sign.
of a witness is entered only if: (e) Depositions of agency employees. (1)
(1) The person whose deposition is to Depositions of Agency Employees will

be taken would be unavailable at the not be allowed except under the provi-
hearing; sions of 49 CFR part 9.
108
(2) Such depositions will be allowed certified mail, the date of mailing shall
only with the specific written permis- be considered as the time when service
sion of the Chief Counsel or his or her is made.
designee. (3) A subpoena issued under this part
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
is effective throughout the United
amended at Amdt. 16–1, 78 FR 56147, Sept. 12, States or any territory or possession
2013] thereof.
(c) Motions to quash or modify sub-
§ 16.217 Witnesses. poena. (1) A party or any person upon
(a) Each party may designate as a whom a subpoena has been served may
witness any person who is able and file a motion to quash or modify the
willing to give testimony that is rel- subpoena with the hearing officer at or
evant and material to the issues in the before the time specified in the sub-
hearing case, subject to the limitation poena for the filing of such motions.
set forth in paragraph (b) of this sec- The applicant shall describe in detail
tion. the basis for the application to quash
(b) The hearing officer may exclude or modify the subpoena including, but
testimony of witnesses that would be not limited to, a statement that the
irrelevant, immaterial, or unduly rep- testimony, document, or tangible evi-
etitious. dence is not relevant to the proceeding,
(c) Any witness may be accompanied that the subpoena is not reasonably
by counsel. Counsel representing a tailored to the scope of the proceeding,
nonparty witness has no right to exam- or that the subpoena is unreasonable
ine the witness or otherwise partici- and oppressive.
pate in the development of testimony. (2) A motion to quash or modify the
subpoena stays the effect of the sub-
§ 16.219 Subpoenas. poena pending a decision by the hear-
(a) Request for subpoena. A party may ing officer on the motion.
apply to the hearing officer, within the
§ 16.221 Witness fees.
time specified for such applications in
the prehearing conference report, for a (a) The party on whose behalf a wit-
subpoena to compel testimony at a ness appears is responsible for paying
hearing or to require the production of any witness fees and mileage expenses.
documents only from the following per- (b) Except for employees of the
sons: United States summoned to testify as
(1) Another party; to matters related to their public em-
(2) An officer, employee, or agent of ployment, witnesses summoned by sub-
another party; poena shall be paid the same fees and
(3) Any other person named in the mileage expenses as are paid to a wit-
complaint as participating in or bene- ness in a court of the United States in
fiting from the actions of the respond- comparable circumstances.
ent alleged to have violated any Act;
(4) An officer, employee, or agent of § 16.223 Evidence.
any other person named in the com- (a) General. A party may submit di-
plaint as participating in or benefiting rect and rebuttal evidence in accord-
from the actions of the respondent al- ance with this section.
leged to have violated any Act. (b) Requirement for written testimony
(b) Issuance and service of subpoena. and evidence. Except in the case of evi-
(1) The hearing officer issues the sub- dence obtained by subpoena, or in the
poena if the hearing officer determines case of a special ruling by the hearing
that the evidence to be obtained by the officer to admit oral testimony, a par-
subpoena is relevant and material to ty’s direct and rebuttal evidence shall
the resolution of the issues in the case. be submitted in written form in ad-
(2) Subpoenas shall be served by per- vance of the oral hearing pursuant to
sonal service, or upon an agent des- the schedule established in the hearing
ignated in writing for the purpose, or officer’s prehearing conference report.
by certified mail, return receipt ad- Written direct and rebuttal fact testi-
dressed to such person or agent. When- mony shall be certified by the witness
ever service is made by registered or as true and correct. Subject to the
109
§ 16.225 14 CFR Ch. I (1–1–17 Edition)
same exception (for evidence obtained mation, or is otherwise prohibited by

by subpoena or subject to a special rul- law.
ing by the hearing officer), oral exam-
ination of a party’s own witness is lim- § 16.227 Standard of proof.
ited to certification of the accuracy of The hearing officer shall issue an ini-
written evidence, including correction tial decision or rule in a party’s favor
and updating, if necessary, and reexam- only if the decision or ruling is in ac-
ination following cross-examination by cordance with law and supported by a
other parties. preponderance of the reliable, pro-
(c) Subpoenaed testimony. Testimony bative, and substantial evidence con-
of witnesses appearing under subpoena tained in the record.
may be obtained orally. [Amdt. 16–1, as amended at 78 FR 56147, Sept.
(d) Cross-examination. A party may 12, 2013]
conduct cross-examination that may be
required for disclosure of the facts, § 16.229 Burden of proof.
subject to control by the hearing offi- As used in this subpart, the burden of
cer for fairness, expedition and exclu- proof is as follows:
sion of extraneous matters. (a) The burden of proof of noncompli-
(e) Hearsay evidence. Hearsay evi- ance with an Act or any regulation,
dence is admissible in proceedings gov- order, agreement or document of con-
erned by this part. The fact that evi- veyance issued under the authority of
dence is hearsay goes to the weight of an Act is on the agency.
evidence and does not affect its admis- (b) Except as otherwise provided by
sibility. statute or rule, the proponent of a mo-
(f) Admission of evidence. The hearing tion, request, or order has the burden
officer admits evidence introduced by a of proof.
party in support of its case in accord- (c) A party who has asserted an af-
ance with this section, but may ex- firmative defense has the burden of
clude irrelevant, immaterial, or unduly proving the affirmative defense.
repetitious evidence. [Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
(g) Expert or opinion witnesses. An em- amended at Amdt. 16–1, 78 FR 56147, Sept. 12,
ployee of the FAA or DOT may not be 2013]
called as an expert or opinion witness
for any party other than the agency ex- § 16.231 Offer of proof.
cept as provided in Department of A party whose evidence has been ex-
Transportation regulations at 49 CFR cluded by a ruling of the hearing offi-
part 9. cer may offer the evidence on the
record when filing an appeal.
§ 16.225 Public disclosure of evidence.
§ 16.233 Record.
(a) Except as provided in this section,
the hearing shall be open to the public. (a) Exclusive record. The transcript of
(b) The hearing officer may order all testimony in the hearing, all exhib-
that any information contained in the its received into evidence, all motions,
record be withheld from public disclo- applications requests and rulings, all
sure. Any person may object to disclo- documents included in the hearing
sure of information in the record by fil- record and the Director’s Determina-
ing a written motion to withhold spe- tion shall constitute the exclusive
cific information with the hearing offi- record for decision in the proceedings
cer. The person shall state specific and the basis for the issuance of any
grounds for nondisclosure in the mo- orders.
tion. (b) Examination and copy of record. A
(c) The hearing officer shall grant the copy of the record will be filed by the
motion to withhold information from FAA Part 16 Docket Clerk in the Fed-
public disclosure if the hearing officer eral Docket Management System
determines that disclosure would be in (FDMS). Any person desiring to review
violation of the Privacy Act, would re- the record may then do so at http://
veal trade secrets or privileged or con- www.regulations.gov.
fidential commercial or financial infor- [Amdt. 16–1, 78 FR 56147, Sept. 12, 2013]
110
§ 16.235 Argument before the hearing date the initial decision is issued. Each
officer. party may file a reply to an appeal
(a) Argument during the hearing. Dur- within 10 days after it is served on the
ing the hearing, the hearing officer party. Filing and service of appeals and
shall give the parties reasonable oppor- replies shall be by personal delivery.
tunity to present oral argument on the (c) If an appeal is filed, the Associate
record supporting or opposing motions, Administrator reviews the entire
objections, and rulings if the parties record and issues a final agency deci-
request an opportunity for argument. sion and order within 60 days of the due
The hearing officer may direct written date of the reply. If no appeal is filed,
argument during the hearing if the the Associate Administrator may take
hearing officer finds that submission of review of the case on his or her own
written arguments would not delay the motion. If the Associate Administrator
hearing. finds that the respondent is not in
(b) Posthearing briefs. The hearing of- compliance with any Act or any regu-
ficer may request or permit the parties lation, agreement, or document of con-
to submit posthearing briefs. The hear- veyance issued or made under such
ing officer may provide for the filing of Act, the final agency order includes, in
simultaneous reply briefs as well, if accordance with § 16.245(d), a statement
such filing will not unduly delay the of corrective action, if appropriate, and
issuance of the hearing officer’s initial identifies sanctions for continued non-
decision. Posthearing briefs shall in- compliance.
clude proposed findings of fact and con- (d) If no appeal is filed, and the Asso-
clusions of law; exceptions to rulings of ciate Administrator does not take re-
the hearing officer; references to the view of the initial decision on the Asso-
record in support of the findings of ciate Administrator’s own motion, the
fact; and supporting arguments for the initial decision shall take effect as the
proposed findings, proposed conclu- final agency decision and order on the
sions, and exceptions. sixteenth day after the actual date the
initial decision is issued.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as (e) The failure to file an appeal is
2013] deemed a waiver of any rights to seek
judicial review of an initial decision
§ 16.237 Waiver of procedures. that becomes a final agency decision
by operation of paragraph (d) of this
(a) The hearing officer shall waive
such procedural steps as all parties to section.
the hearing agree to waive before [Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
issuance of an initial decision. amended at Amdt. 16–1, 78 FR 56147, Sept. 12,
(b) Consent to a waiver of any proce- 2013]
dural step bars the raising of this issue
on appeal. § 16.243 Consent orders.
(c) The parties may not by consent (a) The agency attorney and the re-
waive the obligation of the hearing of- spondents may agree at any time be-
ficer to enter an initial decision on the fore the issuance of a final decision and
record. order to dispose of the case by issuance
of a consent order. Good faith efforts to
§ 16.241 Initial decisions, order, and resolve a complaint through issuance
appeals. of a consent order may continue
(a) The hearing officer shall issue an throughout the administrative process.
initial decision based on the record de- Except as provided in § 16.209, such ef-
veloped during the proceeding and shall forts may not serve as the basis for ex-
send the initial decision to the parties tensions of the times set forth in this
not later than 110 days after the Direc- part.
tor’s Determination unless otherwise (b) A proposal for a consent order,
provided in the hearing order. specified in paragraph (a) of this sec-
(b) Each party adversely affected by tion, shall include:
the hearing officer’s initial decision (1) A proposed consent order;

may file an appeal with the Associate (2) An admission of all jurisdictional
Administrator within 15 days of the facts;
111
§ 16.245 14 CFR Ch. I (1–1–17 Edition)
(3) An express waiver of the right to (2) Remand the proceeding for any
further procedural steps and of all such purpose as the Associate Adminis-
rights of judicial review; and trator may deem necessary.
(4) The hearing order, if issued, and (c) If the Associate Administrator
an acknowledgment that the hearing takes review of the hearing officer’s
order may be used to construe the initial decision on the Associate Ad-
terms of the consent order. ministrator’s own motion, the Asso-
(c) If the issuance of a consent order ciate Administrator will issue a notice
has been agreed upon by all parties to of review within 20 days of the actual
the hearing, the proposed consent order date the initial decision is issued.
shall be filed with the hearing officer, (1) The notice sets forth the specific
along with a draft order adopting the findings of fact and conclusions of law
consent decree and dismissing the case, in the initial decision that are subject
for the hearing officer’s adoption. to review by the Associate Adminis-
trator.
(d) The deadline for the hearing offi-
(2) Parties may file one brief on re-
cer’s initial decision and the final
view to the Associate Administrator or
agency decision is extended by the rely on their posthearing brief to the
amount of days elapsed between the fil- hearing officer. A brief on review shall
ing of the proposed consent order with be filed not later than 10 days after
the hearing officer and the issuance of service of the notice of review. Filing
the hearing officer’s order continuing and service of a brief on review shall be
the hearing. by personal delivery.
(e) If the agency attorney and spon- (3) The Associate Administrator
sor agree to dispose of a case by issues a final agency decision and order
issuance of a consent order before the within 30 days of the due date of the
FAA issues a hearing order, the pro- brief. If the Associate Administrator
posal for a consent order is submitted finds that the respondent is not in
jointly to the official authorized to compliance with any Act or any regu-
issue a hearing order, together with a lation, agreement or document of con-
request to adopt the consent order and veyance issued under such Act, the
dismiss the case. The official author- final agency order includes a statement
ized to issue the hearing order issues of corrective action, if appropriate.
the consent order as an order of the (d) When the final agency decision
FAA and terminates the proceeding. finds a respondent in noncompliance,
and where a respondent fails to prop-
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996, as
erly seek judicial review of the final
2013] agency decision as set forth in subpart
G of this part, the Associate Adminis-
§ 16.245 Associate Administrator re- trator will issue an order remanding
view after a hearing. the case to the Director for the fol-
lowing action:
(a) The Associate Administrator may (1) In the event that the respondent
transfer to the FAA Assistant Adminis- fails to submit, in accordance with the
trator for Civil Rights the authority to final agency decision, a Corrective Ac-
prepare and issue Final Agency Deci- tion Plan acceptable to the FAA within
sions pursuant to § 16.241 for appeals the time provided, unless extended by
from a hearing concerning civil rights the FAA for good cause, and/or if the
issues. respondent fails to complete the Cor-
(b) After a hearing is held, and, after rective Action Plan as specified there-
considering the issues as set forth in in, the Director may initiate action to
§ 16.245(e), if the Associate Adminis- revoke and/or deny applications for
trator determines that the hearing offi- Airport Improvement Program grants
cer’s initial decision or order should be issued under 49 U.S.C. 47114(c)–(e) and
changed, the Associate Administrator 47115. When the Director concludes
may: that the respondent has fully complied
(1) Make any necessary findings and with the Corrective Action Plan, the
issue an order in lieu of the hearing of- Director will issue an Order termi-
ficer’s initial decision or order, or nating the proceeding.
112
(2) For those violations that cannot 47111(d). A party seeking judicial re-
be remedied through corrective action, view shall file a petition for review
the Director may initiate action to re- with the Court not later than 60 days
voke and/or deny the respondent’s ap- after the order has been served on the
plications for Airport Improvement party or within 60 days after the entry
Program grants issued under 49 U.S.C. of an order under 49 U.S.C. 46110.
47114(c)–(e) and 47115. (b) The following do not constitute
(e) On appeal from a hearing officer’s final decisions and orders subject to ju-
initial decision, the Associate Adminis- dicial review:
trator will consider the following ques- (1) An FAA decision to dismiss a
tions: complaint without prejudice, as set
(1) Are the findings of fact each sup- forth in § 16.27;
ported by a preponderance of reliable, (2) A Director’s Determination;
probative and substantial evidence? (3) An initial decision issued by a
(2) Are conclusions made in accord- hearing officer at the conclusion of a
ance with law, precedent and policy? hearing;
(3) Are the questions on appeal sub- (4) A Director’s Determination or an
stantial? initial decision of a hearing officer be-
(4) Have any prejudicial errors oc- comes the final decision of the Asso-
curred? ciate Administrator because it was not
(f) Any new issues or evidence pre- appealed within the applicable time pe-
sented in an appeal or reply will not be riods provided under §§ 16.33(c) and
allowed unless accompanied by a cer- 16.241(b).
tified petition and good cause found as [Doc. No. 27783, 61 FR 54004, Oct. 16, 1996. Re-
to why the new matter was not pre- designated and amended by Amdt. 16–1, 78 FR
sented to the Director. Such a petition 56148, Sept. 12, 2013]
must:
(1) Set forth the new issues or evi-
dence;
Subpart H—Ex Parte
(2) Contain affidavits of prospective Communications
witnesses, authenticated documents, or
both, or an explanation of why such SOURCE: Docket No. 27783, 61 FR 54004, Oct.
substantiation is unavailable; and 16, 1996, unless otherwise noted. Redesig-
nated at 78 FR 56148, Sept. 12, 2013.
(3) Contain a statement explaining
why such new matter could not have § 16.301 Prohibited ex parte commu-
been discovered in the exercise of due nications.
diligence prior to the date on which the
(a) The prohibitions of this section
evidentiary record closed.
shall apply from the time a proceeding
(g) A Final Agency Decision may be
is noticed for hearing unless the person
appealed in accordance with subpart G
responsible for the communication has
of this part.
knowledge that it will be noticed, in
[Amdt. 16–1, 78 FR 56147, Sept. 12, 2013] which case the prohibitions shall apply
at the time of the acquisition of such
Subpart G—Judicial Review knowledge.
(b) Except to the extent required for
SOURCE: Docket No. 27783, 61 FR 54004, Oct. the disposition of ex parte matters as
16, 1996, unless otherwise noted. Redesig- authorized by law:
nated by Amdt. 16–1, 78 FR 56148, Sept. 12, (1) No interested person outside the
2013. FAA and no FAA employee partici-
pating as a party shall make or know-
§ 16.247 Judicial review of a final deci- ingly cause to be made to any
sion and order. decisional employee an ex parte com-
(a) A person may seek judicial re- munication relevant to the merits of
view, in a United States Court of Ap- the proceeding;
peals, of a final decision and order of (2) No FAA employee shall make or
the Associate Administrator, and of an knowingly cause to be made to any in-
order of dismissal with prejudice issued terested person outside the FAA an ex
by the Director, as provided in 49 parte communication relevant to the
U.S.C. 46110 or 49 U.S.C. 47106(d) and merits of the proceeding; or
113
§ 16.303 14 CFR Ch. I (1–1–17 Edition)
(3) Ex parte communications regard- PART 17—PROCEDURES FOR PRO-

ing solely matters of agency procedure TESTS AND CONTRACT DISPUTES
or practice are not prohibited by this
section. Subpart A—General
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996. Re- Sec.
designated at Amdt. 16–1, 78 FR 56148, Sept. 17.1 Applicability.
12, 2013] 17.3 Definitions.
17.5 Delegation of authority.
§ 16.303 Procedures for handling ex 17.7 Filing and computation of time.
parte communications. 17.9 Protective orders.
A decisional employee who receives
or who makes or knowingly causes to Subpart B—Protests
be made a communication prohibited 17.11 Matters not subject to protest.
by § 16.303 shall place in the public 17.13 Dispute resolution process for pro-
record of the proceeding: tests.
(a) All such written communications; 17.15 Filing a protest.
(b) Memoranda stating the substance 17.17 Initial protest procedures.
17.19 Motions practice and dismissal or
of all such oral communications; and summary decision of protests.
(c) All written responses, and memo- 17.21 Adjudicative Process for protests.
randa stating the substance of all oral 17.23 Protest remedies.
responses, to the materials described in
paragraphs (a) and (b) of this section. Subpart C—Contract Disputes
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996. Re- 17.25 Dispute resolution process for con-
designated at Amdt. 16–1, 78 FR 56148, Sept. tract disputes.
12, 2013] 17.27 Filing a contract dispute.
17.29 Informal resolution period.
§ 16.305 Requirement to show cause 17.31 Dismissal or summary decision of con-
and imposition of sanction. tract disputes.
17.33 Adjudicative Process for contract dis-
(a) Upon receipt of a communication putes.
knowingly made or knowingly caused
to be made by a party in violation of Subpart D—Alternative Dispute Resolution
§ 16.303, the Associate Administrator or
17.35 Use of alternative dispute resolution.
his designee or the hearing officer may,
17.37 Election of alternative dispute resolu-
to the extent consistent with the inter- tion process.
ests of justice and the policy of the un- 17.39 Confidentiality of ADR.
derlying statutes, require the party to
show cause why his or her claim or in- Subpart E—Finality and Review
terest in the proceeding should not be
17.41 Final orders.
dismissed, denied, disregarded, or oth- 17.43 Judicial review.
erwise adversely affected on account of 17.45 Conforming amendments.
such violation. 17.47 Reconsideration.
(b) The Associate Administrator
may, to the extent consistent with the Subpart F—Other Matters
interests of justice and the policy of 17.49 Sanctions.
the underlying statutes administered 17.51 Decorum and professional conduct.
by the FAA, consider a violation of 17.53 Orders and subpoenas for testimony
this subpart sufficient grounds for a de- and document production.
cision adverse to a party who has 17.55 Standing orders of the ODRA director.
knowingly committed such violation or
knowingly caused such violation to Subpart G—Pre-Disputes
occur. 17.57 Dispute resolution process for Pre-dis-
putes.
[Doc. No. 27783, 61 FR 54004, Oct. 16, 1996. Re-
17.59 Filing a Pre-dispute.
designated at Amdt. 16–1, 78 FR 56148, Sept.

17.61 Use of alternative dispute resolution.
12, 2013]
APPENDIX A TO PART 17—ALTERNATIVE DIS-
PUTE RESOLUTION (ADR)
114
AUTHORITY: 5 U.S.C. 570–581, 49 U.S.C. tion 224, Codified at 49 U.S.C.
106(f)(2), 40110, 40111, 40112, 46102, 46014, 46105, 40110(d)(4).
46109, and 46110.
(e) Administrator means the Adminis-
SOURCE: 76 FR 55221, Sept. 7, 2011, unless trator of the Federal Aviation Admin-
otherwise noted. istration.
(f) Alternative Dispute Resolution
Subpart A—General (ADR) is the primary means of vol-
§ 17.1 Applicability. untary dispute resolution that is em-
ployed by the ODRA. See Appendix A
This part applies to all Acquisition of this part.
Management System (AMS) bid pro- (g) Compensated Neutral refers to an
tests and contract disputes involving
impartial third party chosen by the
the FAA that are filed at the Office of
parties to act as a facilitator, medi-
Dispute Resolution for Acquisition
(ODRA) on or after October 7, 2011, ator, or arbitrator functioning to re-
with the exception of those contract solve the protest or contract dispute
disputes arising under or related to under the auspices of the ODRA. The
FAA contracts entered into prior to parties pay equally for the services of a
April 1, 1996, where such contracts have compensated neutral, unless otherwise
not been modified to be made subject agreed to by the parties. An ODRA
to the FAA AMS. This part also applies DRO or neutral cannot be a com-
to pre-disputes as described in subpart pensated neutral.
G of this part. (h) Contract Dispute, as used in this
part, means a written request to the
§ 17.3 Definitions. ODRA seeking, as a matter of right
(a) Accrual means to come into exist- under an FAA contract subject to the
ence as a legally enforceable claim. AMS, the payment of money in a sum
(b) Accrual of a contract claim means certain, the adjustment or interpreta-
that all events relating to a claim have tion of contract terms, or for other re-
occurred, which fix liability of either lief arising under, relating to, or in-
the government or the contractor and volving an alleged breach of that con-
permit assertion of the claim, regard- tract. A contract dispute does not re-
less of when the claimant actually dis- quire, as a prerequisite, the issuance of
covered those events. For liability to a Contracting Officer final decision.
be fixed, some injury must have oc- Contract disputes, for purposes of ADR
curred. Monetary damages need not only, may also involve contracts not
have been incurred, but if the claim is subject to the AMS.
for money, such damages must be capa- (i) Counsel refers to a Legal Rep-
ble of reasonable estimation. The ac- resentative who is an attorney licensed
crual of a claim or the running of the by a State, the District of Columbia, or
limitations period may be tolled on eq- a territory of the United States to
uitable grounds, including but not lim- practice law or appear before the
ited to active concealment, fraud, or if courts of that State or territory.
the facts were inherently unknowable.
(j) Contractor is a party in contrac-
(c) Acquisition Management System
tual privity with the FAA and respon-
(AMS) establishes the policies, guiding
principles, and internal procedures for sible for performance of a contract’s
the FAA’s acquisition system. requirements.
(d) Adjudicative Process is an adminis- (k) Discovery is the procedure where-
trative adjudicatory process used to de- by opposing parties in a protest or con-
cide protests and contract disputes tract dispute may, either voluntarily
where the parties have not achieved or to the extent ordered by the ODRA,
resolution through informal commu- obtain testimony from, or documents
nication or the use of ADR. The Adju- and information held by, other parties
dicative Process is conducted by a Dis- or non-parties.
pute Resolution Officer (DRO) or Spe- (l) Dispute Resolution Officer (DRO) is
cial Master selected by the ODRA Di- an attorney and member of the ODRA
rector to preside over the case in ac- staff. The term DRO can include the
cordance with Public Law 108–176, Sec- Director of the ODRA.
115
§ 17.5 14 CFR Ch. I (1–1–17 Edition)
(m) Interested party, in the context of (t) Product Team, as used in these
a bid protest, is one whose direct eco- rules, refers to the FAA organization(s)
nomic interest has been or would be af- responsible for the procurement or con-
fected by the award or failure to award tracting activity, without regard to
an FAA contract. Proposed subcontrac- funding source, and includes the Con-
tors are not ‘‘interested parties’’ with- tracting Officer (CO). The Product
in this definition and are not eligible Team, acting through assigned FAA
to submit protests to the ODRA. Sub- counsel, is responsible for all commu-
contractors not in privity with the nications with and submissions to the
FAA are not interested parties in the ODRA in pending matters.
context of a contract dispute. (u) Screening Information Request (SIR
(n) Intervenor is an interested party or Solicitation) means a request by the
other than the protester whose partici- FAA for documentation, information,
pation in a protest is allowed by the presentations, proposals, or binding of-
ODRA. For a post-award protest, the fers concerning an approach to meeting
awardee of the contract that is the sub- potential acquisition requirements es-
ject of the protest will be allowed, upon tablished by the FAA.
timely request, to participate as an in- (v) A Special Master is a non-FAA at-
tervenor in the protest. In such a pro- torney or judge who has been assigned
test, no other interested parties will be by the ODRA to act as its finder of
allowed to participate as intervenors. fact, and to make findings and rec-
(o) Legal Representative is an indi- ommendations based upon AMS policy
vidual(s) designated to act on behalf of and applicable law and authorities in
a party in matters before the ODRA. the Adjudicative Process.
Unless otherwise provided under
§§ 17.15(c)(2), 17.27(a)(1), or 17.59(a)(6), a § 17.5 Delegation of authority.
Notice of Appearance must be filed (a) The authority of the Adminis-
with the ODRA containing the name, trator to conduct dispute resolution
address, telephone and facsimile (Fax) and adjudicative proceedings con-
numbers of a party’s legal representa- cerning acquisition matters is dele-
tive. gated to the Director of the ODRA.
(p) Neutral refers to an impartial (b) The Director of the ODRA may re-
third party in the ADR process chosen delegate to Special Masters and DROs
by the parties to act as a facilitator, such delegated authority in paragraph
mediator, arbitrator, or otherwise to (a) of this section as deemed necessary
aid the parties in resolving a protest or by the Director for efficient resolution
contract dispute. A neutral can be a of an assigned protest or contract dis-
DRO or a person not an employee of pute, including the imposition of sanc-
the ODRA. tions for the filing of frivolous plead-
(q) ODRA is the FAA’s exclusive ings, making false statements, or other
forum acting on behalf of the Adminis- disciplinary actions. See subpart F of
trator, pursuant to the statutory au- this part.
thority granted by Public Law 108–176,
Section 224, to provide dispute resolu- § 17.7 Filing and computation of time.
tion services and to adjudicate matters (a) Filing of a protest or contract dis-
within its jurisdiction. The ODRA may pute may be accomplished by overnight
also provide non-binding dispute reso- delivery, by hand delivery, by Fax, or,
lution services in matters outside of its if permitted by Order of the ODRA, by
jurisdiction where mutually requested electronic filing. A protest or contract
to do so by the parties involved. dispute is considered to be filed on the
(r) Parties include the protester(s) or date it is received by the ODRA during
the contractor, the FAA, and any in- normal business hours. The ODRA’s
tervenor(s). normal business hours are from 8:30
(s) Pre-Disputes mean an issue(s) in a.m. to 5 p.m. Eastern Time. A protest
controversy concerning an FAA con- or contract dispute received after the
tract or solicitation that, by mutual time period prescribed for filing shall
agreement of the parties, is filed with not be considered timely filed. Service
the ODRA. See subpart G of this part. shall also be made on the Contracting
116
Officer (CO) pursuant to §§ 17.15(e) and applicant is not involved in competi-

17.27(d). tive decision-making for any firm that
(b) Submissions to the ODRA after could gain a competitive advantage
the initial filing of a protest or con- from access to the protected informa-
tract dispute may be accomplished by tion and that the applicant will dili-
any means available in paragraph (a) of gently protect any protected informa-
this section. Copies of all such submis- tion received from inadvertent disclo-
sions shall be served on the opposing sure. Objections to an applicant’s ad-
party or parties. mission shall be raised within two (2)
(c) The time limits stated in this part days of the application, although the
are calculated in business days, which ODRA may consider objections raised
exclude weekends, Federal holidays after that time for good cause.
and other days on which Federal Gov- (d) Any violation of the terms of a
ernment offices in Washington, DC are protective order may result in the im-
not open. In computing time, the day position of sanctions, including but not
of the event beginning a period of time limited to removal of the violator from
shall not be included. If the last day of the protective order and reporting of
a period falls on a weekend or a Fed- the violator to his or her bar associa-
eral holiday, the first business day fol- tion(s), and the taking of other actions
lowing the weekend or holiday shall be as the ODRA deems appropriate. Addi-
considered the last day of the period. tional civil or criminal penalties may
(d) Electronic Filing—Procedures for apply.
electronic filing may be utilized where
permitted by Order of the ODRA on a Subpart B—Protests
case-by-case basis or pursuant to a
Standing Order of the ODRA permit- § 17.11 Matters not subject to protest.
ting electronic filing.
The following matters may not be
§ 17.9 Protective orders. protested before the ODRA, except for
review of compliance with the AMS:
(a) The ODRA may issue protective
orders addressing the treatment of pro- (a) FAA purchases from or through,
tected information, including pro- State, local, and tribal governments
tected information in electronic form, and public authorities;
either at the request of a party or upon (b) FAA purchases from or through
its own initiative. Such information other Federal agencies;
may include proprietary, confidential, (c) Grants;
or source-selection-sensitive material, (d) Cooperative agreements;
or other information the release of (e) Other transactions.
which could result in a competitive ad-
vantage to one or more firms. § 17.13 Dispute resolution process for
protests.
(b) The terms of the ODRA’s standard
protective order may be altered to suit (a) Protests concerning FAA SIRs,
particular circumstances, by negotia- solicitations, or contract awards shall
tion of the parties, subject to the ap- be resolved pursuant to this part.
proval of the ODRA. The protective (b) Potential protestors should,
order establishes procedures for appli- where possible, attempt to resolve any
cation for access to protected informa- issues concerning potential protests
tion, identification and safeguarding of with the CO. Such attempts are not a
that information, and submission of re- prerequisite to filing a protest with the
dacted copies of documents omitting ODRA.
protected information. (c) Offerors or prospective offerors
(c) After a protective order has been shall file a protest with the ODRA in
issued, counsel or consultants retained accordance with § 17.15. The protest
by counsel appearing on behalf of a time limitations set forth in § 17.15 will
party may apply for access to the ma- not be extended by attempts to resolve
terial under the order by submitting an a potential protest with the CO. Other
application to the ODRA, with copies than the time limitations specified in
furnished simultaneously to all parties. § 17.15 for the filing of protests, the
The application shall establish that the ODRA retains the discretion to modify
117
§ 17.15 14 CFR Ch. I (1–1–17 Edition)
any timeframes established herein in § 17.15 Filing a protest.

connection with protests.
(a) An interested party may initiate
(d) In accordance with § 17.17(b), the a protest by filing with the ODRA in
ODRA shall convene an initial status accordance with § 17.7(a) within the
conference for the purpose of sched- timeframes set forth in this Section.
uling proceedings in the protest and to Protests that are not timely filed shall
encourage the parties to consider using be dismissed. The timeframes applica-
the ODRA’s ADR process to attempt to ble to the filing of protests are as fol-
resolve the protest, pursuant to sub- lows:
part D of this part. It is the Agency’s
(1) Protests based upon alleged SIR
policy to use voluntary ADR to the
or solicitation improprieties that are
maximum extent practicable. If the
apparent prior to bid opening or the
parties elect not to attempt ADR, or if
time set for receipt of initial proposals
ADR efforts do not completely resolve
shall be filed prior to bid opening or
the protest, the protest will proceed
the time set for the receipt of initial
under the ODRA Adjudicative Process
proposals.
set forth in subpart E of this part. In-
(2) In procurements where proposals
formal ADR techniques may be utilized
are requested, alleged improprieties
simultaneously with ongoing adjudica-
that do not exist in the initial solicita-
tion.
tion, but which are subsequently incor-
(e) The ODRA Director shall des-
porated into the solicitation, must be
ignate DROs, outside neutrals or Spe-
protested not later than the next clos-
cial Masters as potential neutrals for
ing time for receipt of proposals fol-
the resolution of protests through
lowing the incorporation.
ADR. The ultimate choice of an ADR
(3) For protests other than those re-
neutral is made by the parties partici-
lated to alleged solicitation impropri-
pating in the ADR. The ODRA Director
eties, the protest must be filed on the
also shall, at his or her sole discretion,
later of the following two dates:
designate an adjudicating DRO or Spe-
cial Master for each matter. A person (i) Not later than seven (7) business
serving as a neutral in an ADR effort days after the date the protester knew
in a matter, shall not serve as an adju- or should have known of the grounds
dicating DRO or Special Master for for the protest; or
that matter. (ii) If the protester has requested a
(f) Multiple protests concerning the post-award debriefing from the FAA
same SIR, solicitation, or contract Product Team, not later than five (5)
award may be consolidated at the dis- business days after the date on which
cretion of the ODRA Director, and as- the Product Team holds that debrief-
signed to a single DRO or Special Mas- ing.
ter for adjudication. (b) Protests shall be filed at:
(g) Procurement activities, and, (1) ODRA, AGC–70, Federal Aviation
where applicable, contractor perform- Administration, 800 Independence Ave-
ance pending resolution of a protest, nue, SW., Room 323, Washington, DC
shall continue during the pendency of a 20591; Telephone: (202) 267–3290, Fax:
protest, unless there is a compelling (202) 267–3720; or
reason to suspend all or part of the pro- (2) Other address as shall be pub-
curement activities or contractor per- lished from time to time in the FED-
formance. Pursuant to §§ 17.15(d) and ERAL REGISTER.
17.17(a), the ODRA may impose a tem- (c) A protest shall be in writing, and
porary suspension and recommend sus- set forth:
pension of award or contract perform- (1) The protester’s name, address,
ance, in whole or in part, for a compel- telephone number, and FAX number;
ling reason. A decision to suspend pro- (2) The name, address, telephone
curement activities or contractor per- number, and FAX number of the pro-
formance is made in writing by the Ad- tester’s legal representative, and who
ministrator or the Administrator’s shall be duly authorized to represent

delegee upon recommendation of the the protester, to be the point of con-
ODRA. tact;
118
(3) The SIR number or, if available, from the protester, certifying to the
the contract number and the name of ODRA the manner of service, date, and
the CO; time when a copy of the protest was
(4) The basis for the protester’s sta- served on the CO and other designated
tus as an interested party; official(s).
(5) The facts supporting the timeli- (f) Upon receipt of the protest, the
ness of the protest; CO shall notify the awardee of a chal-
(6) Whether the protester requests a lenged contract award in writing of the
protective order, the material to be existence of the protest. The awardee
protected, and attach a redacted copy and/or interested parties shall notify
of that material; the ODRA in writing, of their interest
(7) A detailed statement of both the in participating in the protest as inter-
legal and factual grounds of the pro- venors within two (2) business days of
test, and one (1) copy of each relevant receipt of the CO’s notification, and
document; shall, in such notice, designate a per-
(8) The remedy or remedies sought by son as the point of contact for the
the protester, as set forth in § 17.23; ODRA.
(9) The signature of the legal rep- (g) The ODRA has discretion to des-
resentative, or another person duly au- ignate the parties who shall participate
thorized to represent the protester. in the protest as intervenors. In pro-
(d) If the protester wishes to request tests of awarded contracts, only the
a suspension of the procurement or awardee may participate as an inter-
contract performance, in whole or in venor as a matter of right.
part, and believes that a compelling
reason(s) exists to suspend the procure- § 17.17 Initial protest procedures.
ment or contract performance because
of the protested action, the protester (a) If, as part of its initial protest fil-
shall, in its initial filing: ing, the protester requests a suspension
(1) Set forth such compelling rea- of procurement activities or contractor
son(s), supply all facts and documents performance in whole or in part, in ac-
supporting the protester’s position; and cordance with § 17.15(d), the Product
(2) Demonstrate— Team shall submit a response to the re-
(i) The protester has alleged a sub- quest to the ODRA by no later than the
stantial case; close of business on the date of the ini-
(ii) The lack of a suspension would be tial scheduling conference or on such
likely to cause irreparable injury; other date as is established by the
(iii) The relative hardships on the ODRA. Copies of the response shall be
parties favor a suspension; and furnished to the protester and any in-
(iv) That a suspension is in the public tervenor(s) so as to be received within
interest. the same timeframe. The protester and
(3) Failure of a protester to provide any intervenor(s) shall have the oppor-
information or documents in support of tunity of providing additional com-
a requested suspension or failure to ad- ments on the response within two (2)
dress the elements of paragraph (d)(2) business days of receiving it. Based on
of this section may result in the sum- its review of such submissions, the
mary rejection of the request for sus- ODRA, in its discretion, may—
pension, or a requirement that the pro- (1) Decline the suspension request; or
tester supplement its request prior to (2) Recommend such suspension to
the scheduling of a Product Team re- the Administrator or the Administra-
sponse to the request under § 17.17(a). tor’s designee. The ODRA also may im-
(e) Concurrent with the filing of a pose a temporary suspension of no
protest with the ODRA, the protester more than ten (10) business days, where
shall serve a copy of the protest on the it is recommending that the Adminis-
CO and any other official designated in trator impose a suspension.
the SIR for receipt of protests, by (b) Within five (5) business days of
means reasonably calculated to be re- the filing of a protest, or as soon there-
ceived by the CO on the same day as it after as practicable, the ODRA shall
is to be received by the ODRA. The pro- convene an initial status conference for
test shall include a signed statement purposes of:
119
§ 17.19 14 CFR Ch. I (1–1–17 Edition)
(1) Reviewing the ODRA’s ADR and priate and necessary, after providing
adjudication procedures and estab- an opportunity for briefing on the mo-
lishing a preliminary schedule; tion by all affected parties. Unjustifi-
(2) Identifying legal or other prelimi- able, inappropriate use of motions may
nary or potentially dispositive issues result in the imposition of sanctions.
and answering the parties’ questions Where appropriate, a party may re-
regarding the ODRA process; quest by dispositive motion to the
(3) Dealing with issues related to pro- ODRA, or the ODRA may recommend
tected information and the issuance of or order, that:
any needed protective order; (1) The protest, or any count or por-
(4) Encouraging the parties to con- tion of a protest, be dismissed for lack
sider using ADR; of jurisdiction, timeliness, or standing
(5) Appointing a DRO as a potential
to pursue the protest;
ADR neutral to assist the parties in
(2) The protest, or any count or por-
considering ADR options and devel-
oping an ADR agreement; and tion of a protest, be dismissed, if frivo-
(6) For any other reason deemed ap- lous or without basis in fact or law, or
propriate by the DRO or by the ODRA. for failure to state a claim upon which
(c) The Product Team and protester relief may be had;
will have five (5) business days from (3) A summary decision be issued
the date of the initial status con- with respect to the protest, or any
ference to decide whether they will at- count or portion of a protest, if there
tempt to use an ADR process in the are no material facts in dispute and a
case. With the agreement of the ODRA, party is entitled to summary decision
ADR may be used concurrently with as a matter of law.
the adjudication of a protest. See (b) In connection with consideration
§ 17.37(e). of possible dismissal or summary deci-
(d) If the Product Team and protester sion, the ODRA shall consider any ma-
elect to use ADR proceedings to resolve terial facts in dispute, in a light most
the protest, they will agree upon the favorable to the party against whom
neutral to conduct the ADR pro- the dismissal or summary decision
ceedings (either an ODRA DRO or a would operate and draw all factual in-
compensated neutral of their own ferences in favor of the non-moving
choosing) pursuant to § 17.37, and shall party.
execute and file with the ODRA a writ- (c) Either upon motion by a party or
ten ADR agreement. Agreement of any on its own initiative, the ODRA may,
intervenor(s) to the use of ADR or the at any time, exercise its discretion to:
resolution of a dispute through ADR (1) Recommend to the Administrator
shall not be required. dismissal or the issuance of a summary
(e) If the Product Team or protester decision with respect to the entire pro-
indicate that ADR proceedings will not test;
be used, or if ADR is not successful in
(2) Dismiss the entire protest or issue
resolving the entire protest, the ODRA
a summary decision with respect to the
Director upon being informed of the
entire protest, if delegated that au-
situation, will schedule an adjudication
of the protest. thority by the Administrator; or
(3) Dismiss or issue a summary deci-
§ 17.19 Motions practice and dismissal sion with respect to any count or por-
or summary decision of protests. tion of a protest.
(a) Separate motions generally are (d) A dismissal or summary decision
discouraged in ODRA bid protests. regarding the entire protest by either
Counsel and parties are encouraged to the Administrator, or the ODRA by
incorporate any such motions in their delegation, shall be construed as a final
respective agency responses or com- agency order. A dismissal or summary
ments. Parties and counsel are encour- decision that does not resolve all
aged to attempt to resolve typical mo- counts or portions of a protest shall
tions issues through the ODRA ADR not constitute a final agency order, un-
process. The ODRA may rule on any less and until such dismissal or deci-
non-dispositive motion, where appro- sion is incorporated or otherwise
120
adopted in a decision by the Adminis- are furnished to the ODRA. Comments

trator (or the ODRA, by delegation) re- may include any supplemental relevant
garding the entire protest. documents.
(e) Prior to recommending or enter- (f) The ODRA may alter the schedule
ing either a dismissal or a summary defor filing of the Product Team response
cision, either in whole or in part, the and the comments for good cause or to
ODRA shall afford all parties against accommodate the circumstances of a
whom the dismissal or summary deci- particular protest.
sion is to be entered the opportunity to (g) The DRO or Special Master may
respond to the proposed dismissal or convene the parties and/or their rep-
summary decision. resentatives, as needed for the Adju-
dicative Process.
§ 17.21 Adjudicative Process for pro-
tests. (h) If, in the sole judgment of the
DRO or Special Master, the parties
(a) Other than for the resolution of have presented written material suffi-
preliminary or dispositive matters, the cient to allow the protest to be decided
Adjudicative Process for protests will on the record presented, the DRO or
be commenced by the ODRA Director Special Master shall have the discre-
pursuant to § 17.17(e). tion to decide the protest on that basis.
(b) The Director of the ODRA shall (i) The parties may engage in lim-
appoint a DRO or a Special Master to ited, focused discovery with one an-
conduct the adjudication proceedings, other and, if justified, with non-par-
develop the administrative record, and ties, so as to obtain information rel-
prepare findings and recommendations evant to the allegations of the protest.
for review of the ODRA Director.
(1) The DRO or Special Master shall
(c) The DRO or Special Master may
manage the discovery process, includ-
conduct such proceedings and prepare
ing limiting its length and availability,
procedural orders for the proceedings
and shall establish schedules and dead-
as deemed appropriate; and may re-
lines for discovery, which are con-
quire additional submissions from the
sistent with timeframes established in
parties.
this part and with the FAA policy of
(d) The Product Team response to the
providing fair and expeditious dispute
protest will be due to be filed and
resolution.
served ten (10) business days from the
commencement of the ODRA Adjudica- (2) The DRO or Special Master may
tion process. The Product Team re- also direct the parties to exchange, in
sponse shall consist of a written chron- an expedited manner, relevant, non-
privileged documents.
ological, supported statement of pro-
posed facts, and a written presentation (3) Where justified, the DRO or Spe-
of applicable legal or other defenses. cial Master may direct the taking of
The Product Team response shall cite deposition testimony, however, the
to and be accompanied by all relevant FAA dispute resolution process does
documents, which shall be chrono- not contemplate extensive discovery.
logically indexed, individually tabbed, (4) The use of interrogatories and re-
and certified as authentic and com- quests for admission is not permitted
plete. A copy of the response shall be in ODRA bid protests.
furnished so as to be received by the (5) Where parties cannot voluntarily
protester and any intervenor(s) on the reach agreement on a discovery-related
same date it is filed with the ODRA. In issue, they may timely seek assistance
all cases, the Product Team shall indi- from an ODRA ADR neutral or may file
cate the method of service used. an appropriate motion with the ODRA.
(e) Comments of the protester and Parties may request a subpoena.
the intervenor on the Product Team re- (6) Discovery requests and responses
sponse will be due to be filed and are not part of the record and will not
served five (5) business days after their be filed with the ODRA, except in con-
receipt of the response. Copies of such nection with a motion or other permis-
comments shall be provided to the sible filing.

other participating parties by the same (7) Unless timely objection is made,
means and on the same date as they documents properly filed with the
121
§ 17.23 14 CFR Ch. I (1–1–17 Edition)
ODRA will be deemed admitted into Team decision was arbitrary, capri-
the administrative record. cious or an abuse of discretion. Not-
(j) Hearings are not typically held in withstanding the above, allegations
bid protests. The DRO or Special Mas- that government officials acted with
ter may conduct hearings, and may bias or in bad faith must be established
limit the hearings to the testimony of by clear and convincing evidence.
specific witnesses and/or presentations (n) The DRO or Special Master has
regarding specific issues. The DRO or broad discretion to recommend a rem-
Special Master shall control the nature edy that is consistent with § 17.23.
and conduct of all hearings, including (o) A DRO or Special Master shall
the sequence and extent of any testi- submit findings and recommendations
mony. Hearings will be conducted: only to the Director of the ODRA or
(1) Where the DRO or Special Master the Director’s designee. The findings
determines that there are complex fac- and recommendations will be released
tual issues in dispute that cannot ade- to the parties and to the public upon
quately or efficiently be developed issuance of the final FAA order in the
solely by means of written presen- case. If an ODRA protective order was
tations and/or that resolution of the issued in connection with the protest,
controversy will be dependent on his/ or if a protest involves proprietary or
her assessment of the credibility of competition-sensitive information, a
statements provided by individuals redacted version of the findings and
with first-hand knowledge of the facts; recommendations, omitting any pro-
or tected information, shall be prepared
(2) Upon request of any party to the wherever possible and released to the
protest, unless the DRO or Special public, as soon as is practicable, along
Master finds specifically that a hearing with a copy of the final FAA order.
is unnecessary and that no party will Only persons admitted by the ODRA
be prejudiced by limiting the record in under the protective order and Govern-
the adjudication to the parties’ written ment personnel shall be provided cop-
submissions. All witnesses at any such ies of the unredacted findings and rec-
hearing shall be subject to cross-exam- ommendations that contain propri-
ination by the opposing party and to etary or competition-sensitive infor-
questioning by the DRO or Special mation.
Master. (p) Other than communications re-
(k) The Director of the ODRA may garding purely procedural matters or
review the status of any protest in the ADR, there shall be no substantive ex
Adjudicative Process with the DRO or parte communication between ODRA
Special Master. personnel and any principal or rep-
(l) After the closing of the adminis- resentative of a party concerning a
trative record, the DRO or Special pending or potentially pending matter.
Master will prepare and submit find- A potential or serving ADR neutral
ings and recommendations to the may communicate on an ex parte basis
ODRA that shall contain the following: to establish or conduct the ADR.
(1) Findings of fact;
(2) Application of the principles of § 17.23 Protest remedies.
the AMS, and any applicable law or au- (a) The ODRA has broad discretion to
thority to the findings of fact; recommend and impose protest rem-
(3) A recommendation for a final edies that are consistent with the AMS
FAA order; and and applicable law. Such remedies may
(4) If appropriate, suggestions for fu- include, but are not limited to one or a
ture FAA action. combination of, the following:
(m) In preparing findings and rec- (1) Amend the SIR;
ommendations in protests, the DRO or (2) Refrain from exercising options
Special Master, using the preponder- under the contract;
ance of the evidence standard, shall (3) Issue a new SIR;
consider whether the Product Team ac- (4) Require a recompetition or reval-
tions in question were consistent with uation;

the requirements of the AMS, had a ra- (5) Terminate an existing contract
tional basis, and whether the Product for the FAA’s convenience;
122
(6) Direct an award to the protester; sions and attaching copies of the con-
(7) Award bid and proposal costs; or tract and other relevant documents;
(8) Any other remedy consistent with (4) Information establishing the
the AMS that is appropriate under the ODRA’s jurisdiction and the timeliness
circumstances. of the contract dispute;
(b) In determining the appropriate (5) A request for a specific remedy,
recommendation, the ODRA may con- and the amount, if known, of any mon-
sider the circumstances surrounding etary remedy requested, together with
the procurement or proposed procure- pertinent cost information and docu-
ment including, but not limited to: the mentation (e.g., invoices and cancelled
nature of the procurement deficiency; checks). Supporting documentation
the degree of prejudice to other parties should be broken down by individual
or to the integrity of the acquisition claim item and summarized; and
system; the good faith of the parties; (6) The signature of a duly authorized
the extent of performance completed; representative of the initiating party.
the feasibility of any proposed remedy; (b) Contract disputes shall be filed at
the urgency of the procurement; the the following address: ODRA, AGC–70,
cost and impact of the recommended Federal Aviation Administration, 800
remedy; and the impact on the Agen- Independence Avenue, SW., Room 323,
cy’s mission. Washington, DC 20591; Telephone: (202)
(c) Attorney’s fees of a prevailing 267–3290, Fax: (202) 267–3720.
protester are allowable to the extent (c) A contract dispute against the
permitted by the Equal Access to Jus- FAA shall be filed with the ODRA
tice Act, 5 U.S.C. 504(a)(1) (EAJA) and within two (2) years of the accrual of
14 CFR part 14. the contract claim involved. A con-
tract dispute by the FAA against a
contractor (excluding contract disputes
Subpart C—Contract Disputes alleging warranty issues, fraud or la-
§ 17.25 Dispute resolution process for tent defects) likewise shall be filed
contract disputes. within two (2) years of the accrual of
the contract claim. If an underlying
(a) All contract disputes arising contract entered into prior to the effec-
under contracts subject to the AMS tive date of this part provides for time
shall be resolved under this subpart. limitations for filing of contract dis-
(b) Contract disputes shall be filed putes with the ODRA, which differ
with the ODRA pursuant to § 17.27. from the aforesaid two (2) year period,
(c) The ODRA has broad discretion to the limitation periods in the contract
recommend remedies for a contract shall control over the limitation period
dispute that are consistent with the of this section. In no event will either
AMS and applicable law, including party be permitted to file with the
such equitable remedies or other rem- ODRA a contract dispute seeking an
edies as it deems appropriate. equitable adjustment or other damages
after the contractor has accepted final
§ 17.27 Filing a contract dispute.
contract payment, with the exception
(a) Contract disputes must be in writ- of FAA contract disputes related to
ing and should contain: warranty issues, gross mistakes
(1) The contractor’s name, address, amounting to fraud or latent defects.
telephone and Fax numbers and the FAA contract disputes against the con-
name, address, telephone and Fax num- tractor based on warranty issues must
bers of the contractor’s legal represent- be filed within the time specified under
ative(s) (if any) for the contract dis- applicable contract warranty provi-
pute; sions. Any FAA contract disputes
(2) The contract number and the against the contractor based on gross
name of the Contracting Officer; mistakes amounting to fraud or latent
(3) A detailed chronological state- defects shall be filed with the ODRA
ment of the facts and of the legal within two (2) years of the date on
grounds underlying the contract dis- which the FAA knew or should have
pute, broken down by individual claim known of the presence of the fraud or
item, citing to relevant contract provi- latent defect.
123
§ 17.29 14 CFR Ch. I (1–1–17 Edition)
(d) A party shall serve a copy of the the parties have reached an agreement
contract dispute upon the other party, to attempt a formal ADR effort. As
by means reasonably calculated to be part of such an ADR agreement the
received on the same day as the filing parties, with the concurrence of the
is received by the ODRA. ODRA, may agree to defer commence-
(e) With the exception of the time ment of the adjudication process pend-
limitations established herein for the ing completion of the ADR or that the
filing of contract disputes, the ODRA ADR and adjudication process will run
retains the discretion to modify any concurrently. If a formal ADR is at-
timeframe established herein in con- tempted but does not completely re-
nection with contract disputes. solve the contract dispute, the Adju-
dicative Process will commence.
§ 17.29 Informal resolution period. (f) The ODRA shall hold a status con-
(a) The ODRA process for contract ference with the parties within ten (10)
disputes includes an informal resolu- business days, or as soon thereafter as
tion period of twenty (20) business days is practicable, of the ODRA’s receipt of
from the date of filing in order for the a written notification that ADR pro-
parties to attempt to informally re- ceedings will not be used, or have not
solve the contract dispute either fully resolved the Contract Dispute.
through direct negotiation or with the The purpose of the status conference
assistance of the ODRA. The CO, with will be to commence the Adjudicative
the advice of FAA legal counsel, has Process and establish the schedule for
full discretion to settle contract dis- adjudication.
putes, except where the matter in- (g) The submission of a statement
volves fraud. which indicates that ADR will not be
(b) During the informal resolution utilized will not in any way preclude
period, if the parties request it, the the parties from engaging in non-bind-
ODRA will appoint a DRO for ADR who ing ADR techniques during the Adju-
will discuss ADR options with the par- dicative Process, pursuant to subpart D
ties, offer his or her services as a po- of this part.
tential neutral, and assist the parties
to enter into an agreement for a formal § 17.31 Dismissal or summary decision
ADR process. A person serving as a of contract disputes.
neutral in an ADR effort in a matter (a) Any party may request by mo-
shall not serve as an adjudicating DRO tion, or the ODRA on its own initiative
or Special Master for that matter. may recommend or direct, that a con-
(c) The informal resolution period tract dispute be dismissed, or that a
may be extended at the request of the count or portion thereof be stricken, if:
parties for good cause. (1) It was not timely filed;
(d) If the matter has not been re- (2) It was filed by a subcontractor or
solved informally, the parties shall file other person or entity lacking stand-
joint or separate statements with the ing;
ODRA no later than twenty (20) busi- (3) It fails to state a matter upon
ness days after the filing of the con- which relief may be had; or
tract dispute. The ODRA may extend (4) It involves a matter not subject to
this time, pursuant to § 17.27(e). The the jurisdiction of the ODRA.
statement(s) shall include either: (b) Any party may request by mo-
(1) A joint request for ADR, or an ex- tion, or the ODRA on its own initiative
ecuted ADR agreement, pursuant to may recommend or direct, that a sum-
§ 17.37(d), specifying which ADR tech- mary decision be issued with respect to
niques will be employed; or a contract dispute, or any count or por-
(2) Written explanation(s) as to why tion thereof if there are no material
ADR proceedings will not be used and facts in dispute and a party is entitled
why the Adjudicative Process will be to a summary decision as a matter of
needed. law.
(e) If the contract dispute is not com- (c) In connection with any potential
pletely resolved during the informal dismissal of a contract dispute, or sum-

resolution period, the ODRA’s Adju- mary decision, the ODRA will consider
dicative Process will commence unless any material facts in dispute in a light
124
most favorable to the party against (b) In cases initiated by a contractor

whom the dismissal or summary deci- against the FAA, within twenty (20)
sion would be entered, and draw all fac- business days of the commencement of
tual inferences in favor of that party. the Adjudicative Process or as sched-
(d) At any time, whether pursuant to uled by the ODRA, the Product Team
a motion or on its own initiative and shall prepare and submit to the ODRA,
at its discretion, the ODRA may: with a copy to the contractor, a chron-
(1) Dismiss or strike a count or por- ologically arranged and indexed sub-
tion of a contract dispute or enter a stantive response, containing a legal
partial summary decision; and factual position regarding the dis-
(2) Recommend to the Administrator pute and all documents relevant to the
that the entire contract dispute be dis- facts and issues in dispute. The con-
missed or that a summary decision be tractor will be entitled, at a specified
entered; or time, to supplement the record with
additional documents.
(3) With a delegation from the Ad-
(c) In cases initiated by the FAA
ministrator, dismiss the entire con-
against a contractor, within twenty
tract dispute or enter a summary deci-
(20) business days of the commence-
sion with respect to the entire contract
ment of the Adjudicative Process or as
dispute.
scheduled by the ODRA, the contractor
(e) An order of dismissal of the entire shall prepare and submit to the ODRA,
contract dispute or summary decision with a copy to the Product Team coun-
with respect to the entire contract dis- sel, a chronologically arranged and in-
pute, issued either by the Adminis- dexed substantive response, containing
trator or by the ODRA, on the grounds a legal and factual position regarding
set forth in this section, shall con- the dispute and all documents relevant
stitute a final agency order. An ODRA to the facts and issues in dispute. The
order dismissing or striking a count or Product Team will be entitled, at a
portion of a contract dispute or enter- specified time, to supplement the
ing a partial summary judgment shall record with additional documents.
not constitute a final agency order, un- (d) Unless timely objection is made,
less and until such ODRA order is in- documents properly filed with the
corporated or otherwise adopted in a ODRA will be deemed admitted into
final agency decision of the Adminis- the administrative record. Discovery
trator or the Administrator’s delegee requests and responses are not part of
regarding the remainder of the dispute. the record and will not be filed with
(f) Prior to recommending or enter- the ODRA, except in connection with a
ing either a dismissal or a summary de- motion or other permissible filing. Des-
cision, either in whole or in part, the ignated, relevant portions of such doc-
ODRA shall afford all parties against uments may be filed, with the permis-
whom the dismissal or summary decision of the ODRA.
sion would be entered the opportunity (e) The Director of the ODRA shall
to respond to a proposed dismissal or assign a DRO or a Special Master to
summary decision. conduct adjudicatory proceedings, de-
velop the administrative adjudication
§ 17.33 Adjudicative Process for con-
tract disputes. record and prepare findings and rec-
ommendations for the review of the
(a) The Adjudicative Process for con- ODRA Director or the Director’s des-
tract disputes will be commenced by ignee.
the ODRA Director upon being notified (f) The DRO or Special Master may
by the ADR neutral or by any party conduct a status conference(s) as nec-
that either— essary and issue such orders or deci-
(1) The parties will not be attempting sions as are necessary to promote the
ADR; or efficient resolution of the contract dis-
(2) The parties have not settled all of pute.
the dispute issues via ADR, and it is (g) At any such status conference, or
unlikely that they can do so within the as necessary during the Adjudicative
time period allotted and/or any reason- Process, the DRO or Special Master
able extension. will:
125
§ 17.33 14 CFR Ch. I (1–1–17 Edition)
(1) Determine the appropriate the sequence and extent of any testi-
amount of discovery required; mony. Evidentiary hearings on the
(2) Review the need for a protective record shall be conducted by the
order, and if one is needed, prepare a ODRA:
protective order pursuant to § 17.9; (1) Where the DRO or Special Master
(3) Determine whether any issue can determines that there are complex fac-
be stricken; and tual issues in dispute that cannot ade-
(4) Prepare necessary procedural or- quately or efficiently be developed
ders for the proceedings. solely by means of written presen-
(h) Unless otherwise provided by the tations and/or that resolution of the
DRO or Special Master, or by agree- controversy will be dependent on his/
ment of the parties with the concur- her assessment of the credibility of
rence of the DRO or Special Master, restatements provided by individuals
sponses to written discovery shall be with first-hand knowledge of the facts;
due within thirty (30) business days or
from the date received. (2) Upon request of any party to the
(i) At a time or at times determined contract dispute, unless the DRO or
by the DRO or Special Master, and in Special Master finds specifically that a
advance of the decision of the case, the hearing is unnecessary and that no
parties shall make individual final sub- party will be prejudiced by limiting the
missions to the ODRA and to the DRO record in the adjudication to the par-
or Special Master, which submissions ties’ written submissions. All witnesses
shall include the following: at any such hearing shall be subject to
(1) A statement of the issues; cross-examination by the opposing
(2) A proposed statement of undis- party and to questioning by the DRO or
puted facts related to each issue to- Special Master.
gether with citations to the adminis- (l) The DRO or Special Master shall
trative record or other supporting ma- prepare findings and recommendations,
terials; which will contain findings of fact, ap-
(3) Separate statements of disputed plication of the principles of the AMS
facts related to each issue, with appro- and other law or authority applicable
priate citations to documents in the to the findings of fact, and a rec-
Dispute File, to pages of transcripts of ommendation for a final FAA order.
any hearing or deposition, or to any af- (m) The DRO or Special Master shall
fidavit or exhibit which a party may conduct a de novo review using the pre-
wish to submit with its statement; ponderance of the evidence standard,
(4) Separate legal analyses in support unless a different standard is pre-
of the parties’ respective positions on scribed for a particular issue. Notwith-
disputed issues. standing the above, allegations that
(j) Each party shall serve a copy of government officials acted with bias or
its final submission on the other party in bad faith must be established by
by means reasonably calculated so that clear and convincing evidence.
the other party receives such submis- (n) The Director of the ODRA may
sions on the same day it is received by review the status of any contract dis-
the ODRA. pute in the Adjudicative Process with
(k) The DRO or Special Master may the DRO or Special Master.
decide the contract dispute on the (o) A DRO or Special Master shall
basis of the administrative record and submit findings and recommendations
the submissions referenced in this sec- to the Director of the ODRA or the Di-
tion, or may, in the DRO or Special rector’s designee. The findings and rec-
Master’s discretion, direct the parties ommendations will be released to the
to make additional presentations in parties and to the public, upon
writing. The DRO or Special Master issuance of the final FAA order in the
may conduct hearings, and may limit case. Should an ODRA protective order
the hearings to the testimony of spe- be issued in connection with the con-
cific witnesses and/or presentations retract dispute, or should the matter in-
garding specific issues. The DRO or volve proprietary or competition-sen-

Special Master shall control the nature sitive information, a redacted version
and conduct of all hearings, including of the findings and recommendations
126
omitting any protected information, Process is to be used, the ODRA, with

shall be prepared wherever possible and the parties’ consent, may employ infor-
released to the public, as soon as is mal ADR techniques concurrently with
practicable, along with a copy of the the adjudication.
final FAA order. Only persons admitted
by the ODRA under the protective § 17.37 Election of alternative dispute
order and Government personnel shall resolution process.
be provided copies of the unredacted (a) The ODRA will make its per-
findings and recommendations. sonnel available to serve as Neutrals in
(p) Attorneys’ fees of a qualified pre- ADR proceedings and, upon request by
vailing contractor are allowable to the the parties, will attempt to make
extent permitted by the EAJA, 5 U.S.C. qualified non-FAA personnel available
504(a)(1). See 14 CFR part 14. to serve as Neutrals through neutral-
(q) Other than communications re-
sharing programs and other similar ar-
garding purely procedural matters or
rangements. The parties may elect to
ADR, there shall be no substantive ex
employ a mutually acceptable com-
parte communication between ODRA
pensated neutral at their expense.
personnel and any principal or rep-
resentative of a party concerning a (b) The parties using an ADR process
pending or potentially pending matter. to resolve a protest shall submit an ex-
A potential or serving ADR neutral ecuted ADR agreement containing the
may communicate on an ex parte basis information outlined in paragraph (d)
to establish or conduct the ADR. of this section to the ODRA pursuant
to § 17.17(c). The ODRA may extend this
time for good cause.
Subpart D—Alternative Dispute
(c) The parties using an ADR process
Resolution to resolve a contract dispute shall sub-
§ 17.35 Use of alternative dispute reso- mit an executed ADR agreement con-
lution. taining the information outlined in
(a) By statutory mandate, it is the paragraph (d) of this section to the
policy of the FAA to use voluntary ODRA pursuant to § 17.29.
ADR to the maximum extent prac- (d) The parties to a protest or con-
ticable to resolve matters pending at tract dispute who elect to use ADR
the ODRA. The ODRA therefore uses must submit to the ODRA an ADR
voluntary ADR as its primary means of agreement setting forth:
resolving all factual, legal, and proce- (1) The agreed ADR procedures to be
dural controversies. used; and
(b) The parties are encouraged to (2) The name of the neutral. If a com-
make a good faith effort to explore pensated neutral is to be used, the
ADR possibilities in all cases and to agreement must address how the cost
employ ADR in every appropriate case. of the neutral’s services will be reim-
The ODRA uses ADR techniques such bursed.
as mediation, neutral evaluation, bind- (e) Non-binding ADR techniques are
ing arbitration or variations of these not mutually exclusive, and may be
techniques as agreed by the parties and used in combination if the parties
approved by the ODRA. At the begin- agree that a combination is most ap-
ning of each case, the ODRA assigns a propriate to the dispute. The tech-
DRO as a potential neutral to explore niques to be employed must be deter-
ADR options with the parties and to mined in advance by the parties and
convene an ADR process. See § 17.35(b). shall be expressly described in their
(c) The ODRA Adjudicative Process ADR agreement. The agreement may
will be used where the parties cannot provide for the use of any fair and rea-
achieve agreement on the use of ADR; sonable ADR technique that is de-
where ADR has been employed but has signed to achieve a prompt resolution
not resolved all pending issues in dis- of the matter. An ADR agreement for
pute; or where the ODRA concludes non-binding ADR shall provide for a
that ADR will not provide an expedi- termination of ADR proceedings and
tious means of resolving a particular the commencement of adjudication
dispute. Even where the Adjudicative under the Adjudicative Process, upon
127
§ 17.39 14 CFR Ch. I (1–1–17 Edition)
the election of any party. Notwith- § 17.47 Reconsideration.

standing such termination, the parties
The ODRA will not entertain re-
may still engage with the ODRA in
quests for reconsideration as a routine
ADR techniques (neutral evaluation
matter, or where such requests evi-
and/or informal mediation) concur-
dence mere disagreement with a deci-
rently with adjudication.
sion or restatements of previous argu-
(f) Binding arbitration is available ments. A party seeking reconsideration
through the ODRA, subject to the pro- must demonstrate either clear errors of
visions of applicable law and the ODRA fact or law in the underlying decision
Binding Arbitration Guidance dated or previously unavailable evidence that
October 2001 as developed in consulta- warrants reversal or modification of
tion with the Department of Justice. the decision. In order to be considered,
(g) The parties may, where appro- requests for reconsideration must be
priate in a given case, submit to the filed within ten (10) business days of
ODRA a negotiated protective order for the date of issuance of the public
use in ADR in accordance with the re- version of the subject decision or order.
quirements of § 17.9.
§ 17.39 Confidentiality of ADR. Subpart F—Other Matters

(a) The provisions of the Administra- § 17.49 Sanctions.
tive Dispute Resolution Act of 1996, 5
U.S.C. 571, et seq., shall apply to ODRA If any party or its representative
ADR proceedings. fails to comply with an Order or Direc-
(b) The ODRA looks to the principles tive of the ODRA, the ODRA may enter
of Rule 408 of the Federal Rules of Evi- such orders and take such other ac-
dence in deciding admissibility issues tions as it deems necessary and in the
related to ADR communications. interest of justice.
(c) ADR communications are not part § 17.51 Decorum and professional con-
of the administrative record unless duct.
otherwise agreed by the parties.
Legal representatives are expected to
conduct themselves at all times in a
Subpart E—Finality and Review civil and respectful manner appro-
§ 17.41 Final orders. priate to an administrative forum. Ad-
ditionally, counsel are expected to con-
All final FAA orders regarding product themselves at all times in a pro-
tests or contract disputes under this fessional manner and in accordance
part are to be issued by the FAA Ad- with all applicable rules of professional
ministrator or by a delegee of the Ad- conduct.
ministrator.
§ 17.53 Orders and subpoenas for testi-
§ 17.43 Judicial review. mony and document production.
(a) A protester or contractor may (a) Parties are encouraged to seek co-
seek review of a final FAA order, pur- operative and voluntary production of
suant to 49 U.S.C. 46110, only after the documents and witnesses prior to re-
administrative remedies of this part questing a subpoena or an order under
have been exhausted. this section.
(b) A copy of the petition for review (b) Upon request by a party, or on his
shall be filed with the ODRA and the or her own initiative, a DRO or Special
FAA Chief Counsel on the date that the Master may, for good cause shown,
petition for review is filed with the ap- order a person to give testimony by
propriate circuit court of appeals. deposition and to produce records. Sec-
tion 46104(c) of Title 49 of the United
§ 17.45 Conforming amendments. States Code governs the conduct of
The FAA shall amend pertinent pro- depositions or document production.
visions of the AMS, standard contract (c) Upon request by a party, or on his
forms and clauses, and any guidance to or her own initiative, a DRO or Special
contracting officials, so as to conform Master may, for good cause shown, sub-
to the provisions of this part. poena witnesses or records related to a
128
hearing from any place in the United Subpart G—Pre-Disputes

States to the designated place of a
hearing. § 17.57 Dispute resolution process for
(d) A subpoena or order under this Pre-disputes.
section may be served by a United (a) All potential disputes arising
States marshal or deputy marshal, or
under contracts or solicitations with
by any other person who is not a party
the FAA may be resolved with the con-
and not less than 18 years of age. Serv-
ice upon a person named therein shall sent of the parties to the dispute under
be made by personally delivering a this subpart.
copy to that person and tendering the (b) Pre-disputes shall be filed with
fees for one day’s attendance and the the ODRA pursuant to § 17.59.
mileage provided by 28 U.S.C. 1821 or (c) The time limitations for the filing
other applicable law; however, where of Protests and Contract Disputes es-
the subpoena is issued on behalf of the tablished in §§ 17.15(a) and 17.27(c) will
Product Team, money payments need not be extended by efforts to resolve
not be tendered in advance of attend- the dispute under this subpart.
ance. The person serving the subpoena
or order shall file a declaration of serv- § 17.59 Filing a Pre-dispute.
ice with the ODRA, executed in the (a) A Pre-dispute must be in writing,
form required by 28 U.S.C. 1746. The affirmatively state that it is a Pre-dis-
declaration of service shall be filed pute pursuant to this subpart, and
promptly with the ODRA, and before shall contain:
the date on which the person served
(1) The party’s name, address, tele-
must respond to the subpoena or order.
(e) Upon written motion by the per- phone and Fax numbers and the name,
son subpoenaed or ordered under this address, telephone and Fax numbers of
section, or by a party, made within ten the contractor’s legal representative(s)
(10) business days after service, but in (if any);
any event not later than the time spec- (2) The contract or solicitation num-
ified in the subpoena or order for com- ber and the name of the Contracting
pliance, the DRO may— Officer;
(1) Rescind or modify the subpoena or (3) A chronological statement of the
order if it is unreasonable and oppres- facts and of the legal grounds for the
sive or for other good cause shown, or party’s positions regarding the dispute
(2) Require the party on whose behalf citing to relevant contract or solicita-
the subpoena or order was issued to ad- tion provisions and documents and at-
vance the reasonable cost of producing taching copies of those provisions and
documentary evidence. Where cir- documents; and
cumstances require, the DRO may act (4) The signature of a duly authorized
upon such a motion at any time after a legal representative of the initiating
copy has been served upon all parties. party.
(f) The party that requests the DRO
(b) Pre-disputes shall be filed at the
to issue a subpoena or order under this
following address: ODRA, AGC–70, Fed-
section shall be responsible for the pay-
ment of fees and mileage, as required eral Aviation Administration, 800 Inde-
by 49 U.S.C. 46104(d), for witnesses, offi- pendence Avenue, SW., Room 323,
cers who serve the order, and the offi- Washington, DC 20591; Telephone: (202)
cer before whom a deposition is taken. 267–3290, Fax: (202) 267–3720.
(g) Subpoenas and orders issued (c) Upon the filing of a Pre-dispute
under this section may be enforced in a with the ODRA, the ODRA will contact
judicial proceeding under 49 U.S.C. the opposing party to offer its services
46104(b). pursuant to § 17.57. If the opposing
party agrees, the ODRA will provide
§ 17.55 Standing orders of the ODRA Pre-dispute services. If the opposing
Director. party does not agree, the ODRA Pre-
The Director may issue such Stand- dispute file will be closed and no serv-
ing Orders as necessary for the orderly ice will be provided.
conduct of business before the ODRA.
129
§ 17.61 14 CFR Ch. I (1–1–17 Edition)
§ 17.61 Use of alternative dispute reso- tract disputes. The most commonly used
lution. types include:
(1) Mediation. The neutral or compensated
(a) Only non-binding, voluntary ADR neutral ascertains the needs and interests of
will be used to attempt to resolve a both parties and facilitates discussions be-
Pre-dispute pursuant to § 17.37. tween or among the parties and an amicable
(b) ADR conducted under this sub- resolution of their differences, seeking ap-
proaches to bridge the gaps between the par-
part is subject to the confidentiality ties’’ respective positions. The neutral or
requirements of § 17.39. compensated neutral can meet with the par-
ties separately, conduct joint meetings with
APPENDIX A TO PART 17—ALTERNATIVE the parties’’ representatives, or employ both
DISPUTE RESOLUTION (ADR) methods in appropriate cases.
(2) Neutral Evaluation. At any stage during
A. The FAA dispute resolution procedures the ADR process, as the parties may agree,
encourage the parties to protests and con- the neutral or compensated neutral will pro-
tract disputes to use ADR as the primary vide a candid assessment and opinion of the
means to resolve protests and contract dis- strengths and weaknesses of the parties’’ po-
putes, pursuant to the Administrative Dis- sitions as to the facts and law, so as to facili-
pute Resolution Act of 1996, Public Law 104– tate further discussion and resolution.
320, 5 U.S.C. 570–579, and Department of (3) Binding Arbitration. The ODRA, after
Transportation and FAA policies to utilize consultation with the United States Depart-
ADR to the maximum extent practicable. ment of Justice in accordance with the pro-
Under the procedures presented in this part, visions of the Administrative Disputes Reso-
the ODRA encourages parties to consider lution Act offers true binding arbitration in
ADR techniques such as case evaluation, me- cases within its jurisdiction. The ODRA’s
diation, or arbitration. Guidance for the Use of Binding Arbitration
B. ADR encompasses a number of processes may be found on its website at: http://
and techniques for resolving protests or con- www.faa.gov/go/odra.
130
SUBCHAPTER C—AIRCRAFT
PART 21—CERTIFICATION PROCE- 21.50 Instructions for continued airworthi-

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

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

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

21.45 Privileges. 21.128 Tests: aircraft engines.
21.47 Transferability. 21.129 Tests: propellers.
21.49 Availability. 21.130 Statement of conformity.
131
Subpart G—Production Certificates 21.225 Provisional airworthiness certificates

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

tificates. 21.620 Changes in quality system.
21.223 Class II provisional airworthiness cer- 21.621 Issue of letters of TSO design ap-
tificates. proval: Import articles.
132
Federal Aviation Administration, DOT Pt. 21, SFAR No. 88
Subpart P—Special Federal Aviation the 18-month compliance time for develop-
Regulations ment of design changes if:
(1) The safety review is completed within
21.700 SFAR No. 111—Lavatory oxygen sys- the compliance time;
tems. (2) Necessary design changes are identified
AUTHORITY: 42 U.S.C. 7572; 49 U.S.C. 106(f), within the compliance time; and
106(g), 40101 note, 40105, 40113, 44701–44702, (3) Additional time can be justified, based
44704, 44707, 44709, 44711, 44713, 44715, 45303; on the holder’s demonstrated aggressiveness
Sec. 333 of Public Law 112–95, 126 Stat. 75. in performing the safety review, the com-
plexity of the necessary design changes, the
availability of interim actions to provide an
30, 2016, the authority citation for Part 21
acceptable level of safety, and the resulting
was revised, effective Aug. 30, 2017. For the
convenience of the user, the revised text is level of safety.
set forth as follows: (b) Develop all maintenance and inspection
AUTHORITY: 42 U.S.C. 7572; 49 U.S.C. 106(f), instructions necessary to maintain the de-
106(g), 40105, 40113, 44701–44702, 44704, 44707, sign features required to preclude the exist-
44709, 44711, 44713, 44715, 45303. ence or development of an ignition source
within the fuel tank system of the airplane.
EDITORIAL NOTES: 1. For miscellaneous (c) Submit a report for approval to the
amendments to cross references in this 21 see
FAA Aircraft Certification Office (ACO), or
Amdt. 21–10, 31 FR 9211, July 6, 1966.
office of the Transport Airplane Directorate,
2. Nomenclature changes to part 21 appear having cognizance over the type certificate
at 74 FR 53384, Oct. 16, 2009. for the affected airplane, that:
(1) Provides substantiation that the air-
SPECIAL FEDERAL AVIATION REGULATION plane fuel tank system design, including all
NO. 88—FUEL TANK SYSTEM FAULT necessary design changes, meets the require-
TOLERANCE EVALUATION REQUIRE- ments of §§ 25.901 and 25.981(a) and (b) of this
MENTS chapter; and
(2) Contains all maintenance and inspec-
1. Applicability. This SFAR applies to the
tion instructions necessary to maintain the
holders of type certificates, and supple-
mental type certificates that may affect the design features required to preclude the ex-
airplane fuel tank system, for turbine-pow- istence or development of an ignition source
ered transport category airplanes, provided within the fuel tank system throughout the
the type certificate was issued after January operational life of the airplane.
1, 1958, and the airplane has either a max- (d) The Aircraft Certification Office (ACO),
imum type certificated passenger capacity of or office of the Transport Airplane Direc-
30 or more, or a maximum type certificated torate, having cognizance over the type cer-
payload capacity of 7,500 pounds or more. tificate for the affected airplane, may ap-
This SFAR also applies to applicants for prove a report submitted in accordance with
type certificates, amendments to a type cer- paragraph 2(c) if it determines that any pro-
tificate, and supplemental type certificates visions of this SFAR not complied with are
affecting the fuel tank systems for those air- compensated for by factors that provide an
planes identified above, if the application equivalent level of safety.
was filed before June 6, 2001, the effective (e) Each type certificate holder must com-
date of this SFAR, and the certificate was ply no later than December 6, 2002, or within
not issued before June 6, 2001. 18 months after the issuance of a type cer-
2. Compliance: Each type certificate holder, tificate for which application was filed be-
and each supplemental type certificate hold-
fore June 6, 2001, whichever is later; and each
er of a modification affecting the airplane
supplemental type certificate holder of a
fuel tank system, must accomplish the fol-
lowing within the compliance times specified modification affecting the airplane fuel tank
in paragraph (e) of this section: system must comply no later than June 6,
(a) Conduct a safety review of the airplane 2003, or within 18 months after the issuance
fuel tank system to determine that the de- of a supplemental type certificate for which
sign meets the requirements of §§ 25.901 and application was filed before June 6, 2001,
25.981(a) and (b) of this chapter. If the cur- whichever is later.
rent design does not meet these require- [Doc. No. 1999–6411, 66 FR 23129, May 7, 2001,
ments, develop all design changes to the fuel as amended by Amdt. 21–82, 67 FR 57493, Sept.
tank system that are necessary to meet
10, 2002; 67 FR 70809, Nov. 26, 2002; Amdt. 21–
these requirements. The FAA (Aircraft Cer-
83, 67 FR 72833, Dec. 9, 2002]
tification Office (ACO), or office of the

Transport Airplane Directorate, having cog-
nizance over the type certificate for the af-
fected airplane) may grant an extension of
133
§ 21.1 14 CFR Ch. I (1–1–17 Edition)
Subpart A—General duction certificate, a PMA, or a TSO

authorization;
§ 21.1 Applicability and definitions. (8) State of Design means the country
(a) Except for aircraft subject to the or jurisdiction having regulatory au-
provisions of part 107 of this chapter, thority over the organization respon-
this part prescribes— sible for the design and continued air-
(1) Procedural requirements for worthiness of a civil aeronautical prod-
issuing and changing— uct or article;
(i) Design approvals; (9) State of Manufacture means the
(ii) Production approvals; country or jurisdiction having regu-
(iii) Airworthiness certificates; and latory authority over the organization
(iv) Airworthiness approvals; responsible for the production and air-
(2) Rules governing applicants for,
worthiness of a civil aeronautical prod-
and holders of, any approval or certifi-
uct or article.
cate specified in paragraph (a)(1) of
this section; and (10) Supplier means a person at any
(3) Procedural requirements for the tier in the supply chain who provides a
approval of articles. product, article, or service that is used
(b) For the purposes of this part— or consumed in the design or manufac-
(1) Airworthiness approval means a ture of, or installed on, a product or ar-
document, issued by the FAA for an ticle.
aircraft, aircraft engine, propeller, or [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
article, which certifies that the air- 53384, Oct. 16, 2009; Doc. No. FAA–2013–0933,
craft, aircraft engine, propeller, or ar- Amdt. 21–98, 80 FR 59031, Oct. 1, 2015; Amdt.
ticle conforms to its approved design 21–98A, 80 FR 59031, Dec. 17, 2015; Docket
and is in a condition for safe operation, FAA–2015–0150, Amdt. 21–99, 81 FR 42207, June
unless otherwise specified; 28, 2016]
(2) Article means a material, part,
component, process, or appliance; § 21.2 Falsification of applications, re-
(3) Commercial part means an article ports, or records.
that is listed on an FAA-approved (a) A person may not make or cause
Commercial Parts List included in a to be made—
design approval holder’s Instructions
(1) Any fraudulent, intentionally
for Continued Airworthiness required
false, or misleading statement on any
by § 21.50;
(4) Design approval means a type cer- application for a certificate or ap-
tificate (including amended and supple- proval under this part;
mental type certificates) or the ap- (2) Any fraudulent, intentionally
proved design under a PMA, TSO au- false, or misleading statement in any
thorization, letter of TSO design ap- record or report that is kept, made, or
proval, or other approved design; used to show compliance with any re-
(5) Interface component means an arti- quirement of this part;
cle that serves as a functional interface (3) Any reproduction for a fraudulent
between an aircraft and an aircraft en- purpose of any certificate or approval
gine, an aircraft engine and a propeller, issued under this part.
or an aircraft and a propeller. An inter- (4) Any alteration of any certificate
face component is designated by the or approval issued under this part.
holder of the type certificate or the (b) The commission by any person of
supplemental type certificate who con- an act prohibited under paragraph (a)
trols the approved design data for that of this section is a basis for—
article; (1) Denying issuance of any certifi-
(6) Product means an aircraft, aircraft
cate or approval under this part; and
engine, or propeller;
(2) Suspending or revoking any cer-
(7) Production approval means a docu-
ment issued by the FAA to a person tificate or approval issued under this
that allows the production of a product part and held by that person.
or article in accordance with its ap- [Doc. No. 23345, 57 FR 41367, Sept. 9, 1992, as
proved design and approved quality amended by Amdt. 21–92, 74 FR 53384, Oct. 16,
system, and can take the form of a pro- 2009; Amdt. 21–92A, 75 FR 9095, Mar. 1, 2010]
134
§ 21.3 Reporting of failures, malfunc- hydraulic power system during a given

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

(12) A complete loss of more than one (f) If an accident investigation or
electrical power generating system or service difficulty report shows that a
135
§ 21.4 14 CFR Ch. I (1–1–17 Edition)
product or article manufactured under responsible FAA aircraft certification

this part is unsafe because of a manu- office, and propose a solution to the
facturing or design data defect, the FAA to resolve each problem. A pro-
holder of the production approval for posed solution must consist of—
that product or article must, upon re- (i) A change in the airplane or engine
quest of the FAA, report to the FAA type design;
the results of its investigation and any (ii) A change in a manufacturing
action taken or proposed by the holder process;
of that production approval to correct (iii) A change in an operating or
that defect. If action is required to cor- maintenance procedure; or
rect the defect in an existing product (iv) Any other solution acceptable to
or article, the holder of that produc- the FAA.
tion approval must send the data nec- (2) For an airplane with more than
essary for issuing an appropriate air- two engines, the system must be in
worthiness directive to the appropriate place for the first 250,000 world fleet en-
aircraft certification office. gine-hours for the approved airplane-
[Amdt. 21–36, 35 FR 18187, Nov. 28, 1970, as engine combination.
amended by Amdt. 21–37, 35 FR 18450, Dec. 4, (3) For two-engine airplanes, the sys-
1970; Amdt. 21–50, 45 FR 38346, June 9, 1980; tem must be in place for the first
Amdt. 21–67, 54 FR 39291, Sept. 25, 1989; Amdt. 250,000 world fleet engine-hours for the
21–92, 74 FR 53385, Oct. 16, 2009] approved airplane-engine combination
and after that until—
§ 21.4 ETOPS reporting requirements. (i) The world fleet 12-month rolling
(a) Early ETOPS: reporting, tracking, average IFSD rate is at or below the
and resolving problems. The holder of a rate required by paragraph (b)(2) of this
type certificate for an airplane-engine section; and
combination approved using the Early (ii) The FAA determines that the
ETOPS method specified in part 25, Ap- rate is stable.
pendix K, of this chapter must use a (4) For an airplane-engine combina-
system for reporting, tracking, and re- tion that is a derivative of an airplane-
solving each problem resulting in one engine combination previously ap-
of the occurrences specified in para- proved for ETOPS, the system need
graph (a)(6) of this section. only address those problems specified
(1) The system must identify how the in the following table, provided the
type certificate holder will promptly type certificate holder obtains prior
identify problems, report them to the authorization from the FAA:
If the change does not require a new airplane type certificate Then the Problem Tracking and Resolution System must ad-
and . . . dress . . .
(i) Requires a new engine type certificate .................................. All problems applicable to the new engine installation, and for
the remainder of the airplane, problems in changed systems
only.
(ii) Does not require a new engine type certificate ..................... Problems in changed systems only.
(5) The type certificate holder must (iii) Inability to control an engine or
identify the sources and content of obtain desired thrust or power.
data that it will use for its system. The (iv) Precautionary thrust or power
data must be adequate to evaluate the reductions.
specific cause of any in-service problem (v) Degraded ability to start an en-
reportable under this section or § 21.3(c) gine in flight.
that could affect the safety of ETOPS. (vi) Inadvertent fuel loss or unavail-
(6) In implementing this system, the ability, or uncorrectable fuel imbal-
type certificate holder must report the ance in flight.
following occurrences: (vii) Turn backs or diversions for fail-
(i) IFSDs, except planned IFSDs per- ures, malfunctions, or defects associ-
formed for flight training. ated with an ETOPS group 1 signifi-

(ii) For two-engine airplanes, IFSD cant system.
rates.
136
(viii) Loss of any power source for an priate, to maintain the world fleet 12-
ETOPS group 1 significant system, in- month rolling average IFSD rate at or
cluding any power source designed to below the following levels:
provide backup power for that system. (i) A rate of 0.05 per 1,000 world-fleet
(ix) Any event that would jeopardize engine-hours for an airplane-engine
the safe flight and landing of the air- combination approved for up to and in-
plane on an ETOPS flight. cluding 120-minute ETOPS. When all
(x) Any unscheduled engine removal ETOPS operators have complied with
for a condition that could result in one the corrective actions required in the
of the reportable occurrences listed in configuration, maintenance and proce-
this paragraph. dures (CMP) document as a condition
(b) Reliability of two-engine airplanes— for ETOPS approval, the rate to be
(1) Reporting of two-engine airplane in- maintained is at or below 0.02 per 1,000
service reliability. The holder of a type world-fleet engine-hours.
certificate for an airplane approved for (ii) A rate of 0.02 per 1,000 world-fleet
ETOPS and the holder of a type certifi- engine-hours for an airplane-engine
cate for an engine installed on an air- combination approved for up to and in-
plane approved for ETOPS must report cluding 180-minute ETOPS, including
monthly to their respective FAA type airplane-engine combinations approved
certificate holding office on the reli- for 207-minute ETOPS in the North Pa-
ability of the world fleet of those air- cific operating area under appendix P,
planes and engines. The report pro- section I, paragraph (h), of part 121 of
vided by both the airplane and engine this chapter.
type certificate holders must address (iii) A rate of 0.01 per 1,000 world-fleet
each airplane-engine combination ap- engine-hours for an airplane-engine
proved for ETOPS. The FAA may ap- combination approved for ETOPS be-
prove quarterly reporting if the air- yond 180 minutes, excluding airplane-
plane-engine combination dem- engine combinations approved for 207-
onstrates an IFSD rate at or below minute ETOPS in the North Pacific op-
those specified in paragraph (b)(2) of erating area under appendix P, section
this section for a period acceptable to I, paragraph (h), of part 121 of this
the FAA. This reporting may be com- chapter.
bined with the reporting required by [Doc. No. FAA–2002–6717, 72 FR 1872, Jan. 16,
§ 21.3. The responsible type certificate 2007]
holder must investigate any cause of
an IFSD resulting from an occurrence § 21.5 Airplane or Rotorcraft Flight
attributable to the design of its prod- Manual.
uct and report the results of that in- (a) With each airplane or rotorcraft
vestigation to its FAA office respon- not type certificated with an Airplane
sible for administering its type certifi- or Rotorcraft Flight Manual and hav-
cate. Reporting must include: ing no flight time before March 1, 1979,
(i) Engine IFSDs, except planned the holder of a type certificate (includ-
IFSDs performed for flight training. ing amended or supplemental type cer-
(ii) The world fleet 12-month rolling tificates) or the licensee of a type cer-
average IFSD rates for all causes, ex- tificate must make available to the
cept planned IFSDs performed for owner at the time of delivery of the
flight training. aircraft a current approved Airplane or
(iii) ETOPS fleet utilization, includ- Rotorcraft Flight Manual.
ing a list of operators, their ETOPS di- (b) The Airplane or Rotorcraft Flight
version time authority, flight hours, Manual required by paragraph (a) of
and cycles. this section must contain the following
(2) World fleet IFSD rate for two-engine information:
airplanes. The holder of a type certifi- (1) The operating limitations and in-
cate for an airplane approved for formation required to be furnished in
ETOPS and the holder of a type certifi- an Airplane or Rotorcraft Flight Man-
cate for an engine installed on an air- ual or in manual material, markings,
plane approved for ETOPS must issue and placards, by the applicable regula-
service information to the operators of tions under which the airplane or
those airplanes and engines, as appro- rotorcraft was type certificated.
137
§ 21.6 14 CFR Ch. I (1–1–17 Edition)
(2) The maximum ambient atmos- of a type certificate must meet the ap-
pheric temperature for which engine plicable continued airworthiness and
cooling was demonstrated must be safety improvement requirements spec-
stated in the performance information ified in part 26 of this subchapter for
section of the Flight Manual, if the ap- new production airplanes. Those re-
plicable regulations under which the quirements only apply if the FAA has
aircraft was type certificated do not re- jurisdiction over the organization re-
quire ambient temperature on engine sponsible for final assembly of the air-
cooling operating limitations in the plane.
Flight Manual. [Doc. No. FAA–2004–18379, Amdt. 21–90, 72 FR
[Amdt. 21–46, 43 FR 2316, Jan. 16, 1978, as 63404, Nov. 8, 2007]
amended by Amdt. 21–92, 74 FR 53385, Oct. 16,
2009] § 21.8 Approval of articles.
If an article is required to be ap-
§ 21.6 Manufacture of new aircraft, air- proved under this chapter, it may be
craft engines, and propellers.
approved—
(a) Except as specified in paragraphs (a) Under a PMA;
(b) and (c) of this section, no person (b) Under a TSO;
may manufacture a new aircraft, air- (c) In conjunction with type certifi-
craft engine, or propeller based on a cation procedures for a product; or
type certificate unless the person— (d) In any other manner approved by
(1) Is the holder of the type certifi- the FAA.
cate or has a licensing agreement from
[Doc. No. FAA–2006–5877, Amdt. 21–92, 74 FR
the holder of the type certificate to
53385, Oct. 16, 2009]
manufacture the product; and
(2) Meets the requirements of subpart § 21.9 Replacement and modification
F or G of this part. articles.
(b) A person may manufacture one
(a) If a person knows, or should
new aircraft based on a type certificate
know, that a replacement or modifica-
without meeting the requirements of tion article is reasonably likely to be
paragraph (a) of this section if that installed on a type-certificated prod-
person can provide evidence acceptable uct, the person may not produce that
to the FAA that the manufacture of article unless it is—
the aircraft by that person began be- (1) Produced under a type certificate;
fore August 5, 2004. (2) Produced under an FAA produc-
(c) The requirements of this section tion approval;
do not apply to— (3) A standard part (such as a nut or
(1) New aircraft imported under the bolt) manufactured in compliance with
provisions of §§ 21.183(c), 21.184(b), or a government or established industry
21.185(c); and specification;
(2) New aircraft engines or propellers (4) A commercial part as defined in
imported under the provisions of § 21.1 of this part;
§ 21.500. (5) Produced by an owner or operator
[Doc. No. FAA–2003–14825, 71 FR 52258, Sept. for maintaining or altering that owner
1, 2006] or operator’s product; or
(6) Fabricated by an appropriately
§ 21.7 Continued airworthiness and rated certificate holder with a quality
safety improvements for transport system, and consumed in the repair or
category airplanes. alteration of a product or article in ac-
(a) On or after December 10, 2007, the cordance with part 43 of this chapter.
holder of a design approval and an ap- (b) Except as provided in paragraphs
plicant for a design approval must (a)(1) through (a)(2) of this section, a
comply with the applicable continued person who produces a replacement or
airworthiness and safety improvement modification article for sale may not
requirements of part 26 of this sub- represent that part as suitable for in-
chapter. stallation on a type-certificated prod-
(b) For new transport category air- uct.

planes manufactured under the author- (c) Except as provided in paragraphs
ity of the FAA, the holder or licensee (a)(1) through (a)(2) of this section, a
138
person may not sell or represent an ar- (b) An application for an aircraft
ticle as suitable for installation on an type certificate must be accompanied
aircraft type-certificated under by a three-view drawing of that air-
§§ 21.25(a)(2) or 21.27 unless that arti- craft and available preliminary basic
cle— data.
(1) Was declared surplus by the U.S. (c) An application for an aircraft en-
Armed Forces, and gine type certificate must be accom-
(2) Was intended for use on that air- panied by a description of the engine
craft model by the U.S. Armed Forces. design features, the engine operating
characteristics, and the proposed en-
[Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR gine operating limitations.
53385, Oct. 16, 2009; Amdt. 21–92A, 75 FR 9095,
Mar. 1, 2010] [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
1974; Amdt. 21–67, 54 FR 39291, Sept. 25, 1989;
30, 2016, § 21.9 was amended by revising para-
Amdt. 21–92, 74 FR 53385, Oct. 16, 2009]
graphs (a)(5), (a)(6), and adding paragraph
(a)(7), effective Aug. 30, 2017. For the conven- § 21.16 Special conditions.
ience of the user, the added and revised text
is set forth as follows: If the FAA finds that the airworthi-
ness regulations of this subchapter do
§ 21.9 Replacement and modification arti- not contain adequate or appropriate
cles.
safety standards for an aircraft, air-
(a) * * * craft engine, or propeller because of a
(5) Produced by an owner or operator for
maintaining or altering that owner or opera-
novel or unusual design feature of the
tor’s product; aircraft, aircraft engine or propeller,
(6) Fabricated by an appropriately rated he prescribes special conditions and
certificate holder with a quality system, and amendments thereto for the product.
consumed in the repair or alteration of a The special conditions are issued in ac-
product or article in accordance with part 43 cordance with Part 11 of this chapter
of this chapter; or and contain such safety standards for
(7) Produced in any other manner approved the aircraft, aircraft engine or pro-
by the FAA.
peller as the FAA finds necessary to es-
tablish a level of safety equivalent to
* * * * * that established in the regulations.
[Amdt. 21–19, 32 FR 17851, Dec. 13, 1967, as
Subpart B—Type Certificates amended by Amdt. 21–51, 45 FR 60170, Sept.
11, 1980]
SOURCE: Docket No. 5085, 29 FR 14564, Oct.
24, 1964, unless otherwise noted. § 21.17 Designation of applicable regu-
lations.
§ 21.11 Applicability. (a) Except as provided in §§ 23.2, 25.2,
This subpart prescribes— 27.2, 29.2, and in parts 26, 34 and 36 of
(a) Procedural requirements for the this subchapter, an applicant for a type
issue of type certificates for aircraft, certificate must show that the aircraft,
aircraft engines, and propellers; and aircraft engine, or propeller concerned
(b) Rules governing the holders of meets—
those certificates. (1) The applicable requirements of
this subchapter that are effective on
§ 21.13 Eligibility. the date of application for that certifi-
Any interested person may apply for cate unless—
a type certificate. (i) Otherwise specified by the FAA; or
(ii) Compliance with later effective
[Amdt. 21–25, 34 FR 14068, Sept. 5, 1969] amendments is elected or required
under this section; and
§ 21.15 Application for type certificate. (2) Any special conditions prescribed
(a) An application for a type certifi- by the FAA.
cate is made on a form and in a manner (b) For special classes of aircraft, in-
prescribed by the FAA and is sub- cluding the engines and propellers in-
mitted to the appropriate aircraft cer- stalled thereon (e.g., gliders, airships,
tification office. and other nonconventional aircraft),
139
§ 21.19 14 CFR Ch. I (1–1–17 Edition)
for which airworthiness standards have (2) The noise standards of part 36 ap-
not been issued under this subchapter, plicable to primary category aircraft.
the applicable requirements will be the
[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
portions of those other airworthiness
amended by Amdt. 21–19, 32 FR 17851, Dec. 13,
requirements contained in Parts 23, 25, 1967; Amdt. 21–24, 34 FR 364, Jan. 10, 1969;
27, 29, 31, 33, and 35 found by the FAA Amdt. 21–42, 40 FR 1033, Jan. 6, 1975; Amdt.
to be appropriate for the aircraft and 21–58, 50 FR 46877, Nov. 13, 1985; Amdt. 21–60,
applicable to a specific type design, or 52 FR 8042, Mar. 13, 1987; Amdt. 21–68, 55 FR
such airworthiness criteria as the FAA 32860, Aug. 10, 1990; Amdt. 21–69, 56 FR 41051,
may find provide an equivalent level of Aug. 16, 1991; Amdt. 21–70, 57 FR 41367, Sept.
safety to those parts. 9, 1992; Amdt. 21–90, 72 FR 63404, Nov. 8, 2007]
(c) An application for type certifi-
cation of a transport category aircraft 30, 2016, § 21.17 was amended by revising para-
is effective for 5 years and an applica- graph (a) introductory text, effective Aug.
tion for any other type certificate is ef- 30, 2017. For the convenience of the user, the
fective for 3 years, unless an applicant revised text is set forth as follows:
shows at the time of application that
his product requires a longer period of § 21.17 Designation of applicable regula-
time for design, development, and test- tions.
ing, and the FAA approves a longer pe- (a) Except as provided in §§ 25.2, 27.2, 29.2,
riod. and in parts 26, 34, and 36 of this subchapter,
(d) In a case where a type certificate an applicant for a type certificate must show
has not been issued, or it is clear that that the aircraft, aircraft engine, or pro-
peller concerned meets—
a type certificate will not be issued,
within the time limit established under
paragraph (c) of this section, the appli- * * * * *
cant may—
(1) File a new application for a type § 21.19 Changes requiring a new type
certificate and comply with all the pro- certificate.
visions of paragraph (a) of this section Each person who proposes to change
applicable to an original application; a product must apply for a new type
or certificate if the FAA finds that the
(2) File for an extension of the origi- proposed change in design, power,
nal application and comply with the thrust, or weight is so extensive that a
applicable airworthiness requirements substantially complete investigation of
of this subchapter that were effective compliance with the applicable regula-
on a date, to be selected by the appli- tions is required.
cant, not earlier than the date which
precedes the date of issue of the type [Doc. No. 28903, 65 FR 36265, June 7, 2000]
certificate by the time limit estab-
lished under paragraph (c) of this sec- § 21.20 Compliance with applicable re-
tion for the original application. quirements.
(e) If an applicant elects to comply The applicant for a type certificate,
with an amendment to this subchapter including an amended or supplemental
that is effective after the filing of the type certificate, must—
application for a type certificate, he (a) Show compliance with all applica-
must also comply with any other ble requirements and must provide the
amendment that the FAA finds is di-
FAA the means by which such compli-
rectly related.
ance has been shown; and
(f) For primary category aircraft, the
requirements are: (b) Provide a statement certifying
(1) The applicable airworthiness re- that the applicant has complied with
quirements contained in parts 23, 27, 31, the applicable requirements.
33, and 35 of this subchapter, or such [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
other airworthiness criteria as the 53385, Oct. 16, 2009]
FAA may find appropriate and applica-
ble to the specific design and intended

use and provide a level of safety ac-
ceptable to the FAA.
140
§ 21.21 Issue of type certificate: nor- under sea level standard day condi-
mal, utility, acrobatic, commuter, tions;
and transport category aircraft; (ii) Weighs not more than 2,700
manned free balloons; special class- pounds; or, for seaplanes, not more
es of aircraft; aircraft engines; pro-
pellers. than 3,375 pounds;
(iii) Has a maximum seating capacity
An applicant is entitled to a type cer-
of not more than four persons, includ-
tificate for an aircraft in the normal,
ing the pilot; and
utility, acrobatic, commuter, or trans-
port category, or for a manned free bal- (iv) Has an unpressurized cabin.
loon, special class of aircraft, or an air- (2) The applicant has submitted—
craft engine or propeller, if— (i) Except as provided by paragraph
(a) The product qualifies under § 21.27; (c) of this section, a statement, in a
or form and manner acceptable to the
(b) The applicant submits the type FAA, certifying that: the applicant has
design, test reports, and computations completed the engineering analysis
necessary to show that the product to necessary to demonstrate compliance
be certificated meets the applicable with the applicable airworthiness re-
airworthiness, aircraft noise, fuel vent- quirements; the applicant has con-
ing, and exhaust emission require- ducted appropriate flight, structural,
ments of this subchapter and any spe- propulsion, and systems tests nec-
cial conditions prescribed by the FAA, essary to show that the aircraft, its
and the FAA finds— components, and its equipment are re-
(1) Upon examination of the type de- liable and function properly; the type
sign, and after completing all tests and design complies with the airworthiness
inspections, that the type design and standards and noise requirements es-
the product meet the applicable noise, tablished for the aircraft under
fuel venting, and emissions require- § 21.17(f); and no feature or char-
ments of this subchapter, and further acteristic makes it unsafe for its in-
finds that they meet the applicable air-
tended use;
worthiness requirements of this sub-
chapter or that any airworthiness pro- (ii) The flight manual required by
visions not complied with are com- § 21.5(b), including any information re-
pensated for by factors that provide an quired to be furnished by the applicable
equivalent level of safety; and airworthiness standards;
(2) For an aircraft, that no feature or (iii) Instructions for continued air-
characteristic makes it unsafe for the worthiness in accordance with
category in which certification is re- § 21.50(b); and
quested. (iv) A report that: summarizes how
compliance with each provision of the
[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
amended by Amdt. 21–15, 32 FR 3735, Mar. 4, type certification basis was deter-
1967; Amdt. 21–27, 34 FR 18368, Nov. 18, 1969; mined; lists the specific documents in
Amdt. 21–60, 52 FR 8042, Mar. 13, 1987; Amdt. which the type certification data infor-
21–68, 55 FR 32860, Aug. 10, 1990; Amdt. 21–92, mation is provided; lists all necessary
74 FR 53385, Oct. 16, 2009] drawings and documents used to define
the type design; and lists all the engi-
§ 21.23 [Reserved] neering reports on tests and computa-
§ 21.24 Issuance of type certificate: pri- tions that the applicant must retain
mary category aircraft. and make available under § 21.49 to sub-
stantiate compliance with the applica-
(a) The applicant is entitled to a type
certificate for an aircraft in the pri- ble airworthiness standards.
mary category if— (3) The FAA finds that—
(1) The aircraft— (i) The aircraft complies with those
(i) Is unpowered; is an airplane pow- applicable airworthiness requirements
ered by a single, naturally aspirated approved under § 21.17(f) of this part;
engine with a 61-knot or less Vso stall and
speed as defined in § 23.49; or is a rotor- (ii) The aircraft has no feature or

craft with a 6-pound per square foot characteristic that makes it unsafe for
main rotor disc loading limitation, its intended use.
141
§ 21.25 14 CFR Ch. I (1–1–17 Edition)
(b) An applicant may include a spe- inappropriate for the special purpose
cial inspection and preventive mainte- for which the aircraft is to be used; or
nance program as part of the aircraft’s (2) Is of a type that has been manu-
type design or supplemental type de- factured in accordance with the re-
sign. quirements of and accepted for use by,
(c) For aircraft manufactured outside an Armed Force of the United States
of the United States in a country with and has been later modified for a spe-
which the United States has a bilateral cial purpose.
airworthiness agreement for the ac- (b) For the purposes of this section,
ceptance of these aircraft, and from ‘‘special purpose operations’’ includes—
which the aircraft is to be imported (1) Agricultural (spraying, dusting,
into the United States— and seeding, and livestock and preda-
(1) The statement required by para- tory animal control);
graph (a)(2)(i) of this section must be (2) Forest and wildlife conservation;
made by the civil airworthiness au- (3) Aerial surveying (photography,
thority of the exporting country; and mapping, and oil and mineral explo-
(2) The required manuals, placards, ration);
listings, instrument markings, and (4) Patrolling (pipelines, power lines,
documents required by paragraphs (a) and canals);
and (b) of this section must be sub- (5) Weather control (cloud seeding);
mitted in English. (6) Aerial advertising (skywriting,
banner towing, airborne signs and pub-
[Doc. No. 23345, 57 FR 41367, Sept. 9, 1992, as lic address systems); and
amended by Amdt. 21–75, 62 FR 62808, Nov. 25,
1997]
(7) Any other operation specified by
the FAA.
30, 2016, § 21.24 was amended by revising para- [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
graph (a)(1)(i), effective Aug. 30, 2017. For the amended by Amdt. 21–42, 40 FR 1033, Jan. 6,
convenience of the user, the revised text is 1975]
set forth as follows:
§ 21.27 Issue of type certificate: sur-
§ 21.24 Issuance of type certificate: primary plus aircraft of the Armed Forces.
category aircraft.
(a) Except as provided in paragraph
(a) * * * (b) of this section an applicant is enti-
(1) * * *
(i) Is unpowered; is an airplane powered by
tled to a type certificate for an aircraft
a single, naturally aspirated engine with a in the normal, utility, acrobatic, com-
61-knot or less Vso stall speed as determined muter, or transport category that was
under part 23 of this chapter; or is a rotor- designed and constructed in the United
craft with a 6-pound per square foot main States, accepted for operational use,
rotor disc loading limitation, under sea level and declared surplus by, an Armed
standard day conditions; Force of the United States, and that is
shown to comply with the applicable
* * * * * certification requirements in para-
graph (f) of this section.
§ 21.25 Issue of type certificate: Re- (b) An applicant is entitled to a type
stricted category aircraft. certificate for a surplus aircraft of the
(a) An applicant is entitled to a type Armed Forces of the United States
certificate for an aircraft in the re- that is a counterpart of a previously
stricted category for special purpose type certificated civil aircraft, if he
operations if he shows compliance with shows compliance with the regulations
the applicable noise requirements of governing the original civil aircraft
Part 36 of this chapter, and if he shows type certificate.
that no feature or characteristic of the (c) Aircraft engines, propellers, and
aircraft makes it unsafe when it is op- their related accessories installed in
erated under the limitations prescribed surplus Armed Forces aircraft, for
for its intended use, and that the air- which a type certificate is sought
craft— under this section, will be approved for
(1) Meets the airworthiness require- use on those aircraft if the applicant
ments of an aircraft category except shows that on the basis of the previous
those requirements that the FAA finds military qualifications, acceptance,
142
and service record, the product pro- that was satisfactory to an Armed
vides substantially the same level of Force of the United States in making
airworthiness as would be provided if such a determination.
the engines or propellers were type cer- (e) The FAA may require an appli-
tificated under Part 33 or 35 of this sub- cant to comply with special conditions
chapter. and later requirements than those in
(d) The FAA may relieve an applicant paragraphs (c) and (f) of this section, if
from strict compliance with a specific the FAA finds that compliance with
provision of the applicable require- the listed regulations would not ensure
ments in paragraph (f) of this section, an adequate level of airworthiness for
if the FAA finds that the method of the aircraft.
compliance proposed by the applicant (f) Except as provided in paragraphs
provides substantially the same level (b) through (e) of this section, an appli-
of airworthiness and that strict com- cant for a type certificate under this
pliance with those regulations would section must comply with the appro-
impose a severe burden on the appli- priate regulations listed in the fol-
cant. The FAA may use experience lowing table:
Date accepted for operational use
Type of aircraft by the Armed Forces Regulations that apply 1
of the United States
Small reciprocating-engine powered airplanes Before May 16, 1956 ...................... CAR Part 3, as effective May 15, 1956.
After May 15, 1956 ......................... CAR Part 3, or 14 CFR Part 23.
Small turbine engine-powered airplanes .......... Before Oct. 2, 1959 ......................... CAR Part 3, as effective Oct. 1, 1959.
After Oct. 1, 1959 ............................ CAR Part 3 or 14 CFR Part 23.
Commuter category airplanes .......................... After (Feb. 17, 1987) .......................
FAR Part 23 as of (Feb. 17, 1987)..
Large reciprocating-engine powered airplanes Before Aug. 26, 1955 ...................... CAR Part 4b, as effective Aug. 25, 1955.
After Aug. 25, 1955 ......................... CAR Part 4b or 14 CFR Part 25.
Large turbine engine-powered airplanes ......... Before Oct. 2, 1959 ......................... CAR Part 4b, as effective Oct. 1, 1959.
After Oct. 1, 1959 ............................ CAR Part 4b or 14 CFR Part 25.
Rotorcraft with maximum certificated takeoff
weight of:
6,000 pounds or less ................................ Before Oct. 2, 1959 ......................... CAR Part 6, as effective Oct. 1, 1959.
After Oct. 1, 1959 ............................ CAR Part 6, or 14 CFR Part 27.
Over 6,000 pounds ................................... Before Oct. 2, 1959 ......................... CAR Part 7, as effective Oct. 1, 1959.
After Oct. 1, 1959 ............................ CAR Part 7, or 14 CFR Part 29.
1 Where no specific date is listed, the applicable regulations are those in effect on the date that the first aircraft of the particular
model was accepted for operational use by the Armed Forces.
[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as amended by Amdt. 21–59, 52 FR 1835, Jan. 15, 1987;
52 FR 7262, Mar. 9, 1987; 70 FR 2325, Jan. 13, 2005; Amdt. 21–92, 74 FR 53386, Oct. 16, 2009]
§ 21.29 Issue of type certificate: import Design, and any other requirements
products. the FAA may prescribe to provide
(a) The FAA may issue a type certifi- noise, fuel venting, and exhaust emis-
cate for a product that is manufactured sion levels no greater than those pro-
in a foreign country or jurisdiction vided by the applicable aircraft noise,
with which the United States has an fuel venting, and exhaust emission re-
agreement for the acceptance of these quirements of this subchapter as des-
products for export and import and ignated in § 21.17; and
that is to be imported into the United (ii) The applicable airworthiness re-
States if— quirements of this subchapter as des-
(1) The applicable State of Design ignated in § 21.17, or the applicable air-
certifies that the product has been ex- worthiness requirements of the State
amined, tested, and found to meet— of Design and any other requirements
(i) The applicable aircraft noise, fuel the FAA may prescribe to provide a
venting, and exhaust emissions re- level of safety equivalent to that pro-
quirements of this subchapter as des-
vided by the applicable airworthiness

ignated in § 21.17, or the applicable air- requirements of this subchapter as des-
craft noise, fuel venting, and exhaust ignated in § 21.17;
emissions requirements of the State of
143
§ 21.31 14 CFR Ch. I (1–1–17 Edition)
(2) The applicant has provided tech- emissions (where applicable) of later
nical data to show the product meets products of the same type.
the requirements of paragraph (a)(1) of
[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
this section; and amended by Amdt. 21–27, 34 FR 18363, Nov. 18,
(3) The manuals, placards, listings, 1969; Amdt. 21–51, 45 FR 60170, Sept. 11, 1980;
and instrument markings required by Amdt. 21–60, 52 FR 8042, Mar. 13, 1987; Amdt.
the applicable airworthiness (and 21–68, 55 FR 32860, Aug. 10, 1990; Amdt. 21–70,
noise, where applicable) requirements 57 FR 41368, Sept. 9, 1992; Amdt. 21–90, 72 FR
are presented in the English language. 63404, Nov. 8, 2007]
(b) A product type certificated under
§ 21.33 Inspection and tests.
this section is considered to be type
certificated under the noise standards (a) Each applicant must allow the
of part 36 of this subchapter and the FAA to make any inspection and any
fuel venting and exhaust emission flight and ground test necessary to de-
standards of part 34 of this subchapter. termine compliance with the applica-
Compliance with parts 36 and 34 of this ble requirements of this subchapter.
subchapter is certified under paragraph However, unless otherwise authorized
(a)(1)(i) of this section, and the applica- by the FAA—
ble airworthiness standards of this sub- (1) No aircraft, aircraft engine, pro-
chapter, or an equivalent level of safe- peller, or part thereof may be pre-
ty, with which compliance is certified sented to the FAA for test unless com-
under paragraph (a)(1)(ii) of this sec- pliance with paragraphs (b)(2) through
tion. (b)(4) of this section has been shown for
that aircraft, aircraft engine, propeller,
[Amdt. 21–92, 74 FR 53386, Oct. 16, 2009] or part thereof; and
(2) No change may be made to an air-
§ 21.31 Type design.
craft, aircraft engine, propeller, or part
The type design consists of— thereof between the time that compli-
(a) The drawings and specifications, ance with paragraphs (b)(2) through
and a listing of those drawings and (b)(4) of this section is shown for that
specifications, necessary to define the aircraft, aircraft engine, propeller, or
configuration and the design features part thereof and the time that it is pre-
of the product shown to comply with sented to the FAA for test.
the requirements of that part of this (b) Each applicant must make all in-
subchapter applicable to the product; spections and tests necessary to deter-
(b) Information on dimensions, mate- mine—
rials, and processes necessary to define (1) Compliance with the applicable
the structural strength of the product; airworthiness, aircraft noise, fuel vent-
(c) The Airworthiness Limitations ing, and exhaust emission require-
section of the Instructions for Contin- ments;
ued Airworthiness as required by parts (2) That materials and products con-
23, 25, 26, 27, 29, 31, 33 and 35 of this sub- form to the specifications in the type
chapter, or as otherwise required by design;
the FAA; and as specified in the appli- (3) That parts of the products con-
cable airworthiness criteria for special form to the drawings in the type de-
classes of aircraft defined in § 21.17(b); sign; and
and (4) That the manufacturing proc-
(d) For primary category aircraft, if esses, construction and assembly con-
desired, a special inspection and pre- form to those specified in the type de-
ventive maintenance program designed sign.
to be accomplished by an appropriately [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
rated and trained pilot-owner. amended by Amdt. 21–17, 32 FR 14926, Oct. 28,
(e) Any other data necessary to 1967; Amdt. 21–27, 34 FR 18363, Nov. 18, 1969;
allow, by comparison, the determina- Amdt. 21–44, 41 FR 55463, Dec. 20, 1976; Amdt.
tion of the airworthiness, noise charac- 21–68, 55 FR 32860, Aug. 10, 1990; Amdt. 21–68,
teristics, fuel venting, and exhaust 55 FR 32860, Aug. 10, 1990; Amdt. 21–92, 74 FR
53386, Oct. 16, 2009]
144
§ 21.35 Flight tests. (1) The applicant’s test pilot is un-

able or unwilling to make any of the
(a) Each applicant for an aircraft
required flight tests; or
type certificate (other than under
(2) Items of noncompliance with re-
§§ 21.24 through 21.29) must make the
quirements are found that may make
tests listed in paragraph (b) of this sec- additional test data meaningless or
tion. Before making the tests the appli- that would make further testing un-
cant must show— duly hazardous.
(1) Compliance with the applicable (f) The flight tests prescribed in para-
structural requirements of this sub- graph (b)(2) of this section must in-
chapter; clude—
(2) Completion of necessary ground (1) For aircraft incorporating turbine
inspections and tests; engines of a type not previously used in
(3) That the aircraft conforms with a type certificated aircraft, at least 300
the type design; and hours of operation with a full com-
(4) That the FAA received a flight plement of engines that conform to a
test report from the applicant (signed, type certificate; and
in the case of aircraft to be certificated (2) For all other aircraft, at least 150
under Part 25 [New] of this chapter, by hours of operation.
the applicant’s test pilot) containing
[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
the results of his tests. amended by Amdt. 21–40, 39 FR 35459, Oct. 1,
(b) Upon showing compliance with 1974; Amdt. 21–51, 45 FR 60170, Sept. 11, 1980;
paragraph (a) of this section, the appli- Amdt. 21–70, 57 FR 41368, Sept. 9, 1992; Amdt.
cant must make all flight tests that 21–95, 76 FR 64233, Oct. 18, 2011]
the FAA finds necessary— EFFECTIVE DATE NOTE: At 81 FR 96689, Dec.
(1) To determine compliance with the 30, 2016, § 21.35 was amended by revising para-
applicable requirements of this sub- graph (b)(2), effective Aug. 30, 2017. For the
chapter; and convenience of the user, the revised text is
(2) For aircraft to be certificated set forth as follows:
under this subchapter, except gliders § 21.35 Flight tests.
and except reciprocating engine pow-
ered airplanes of 6,000 lbs. or less max- * * * * *
imum certificated weight that are to
be certificated under part 23 of this (b) * * *
chapter, to determine whether there is (2) For aircraft to be certificated under
this subchapter, except gliders and low-
reasonable assurance that the aircraft, speed, certification level 1 or 2 airplanes, as
its components, and its equipment are defined in part 23 of this chapter, to deter-
reliable and function properly. mine whether there is reasonable assurance
(c) Each applicant must, if prac- that the aircraft, its components, and its
ticable, make the tests prescribed in equipment are reliable and function prop-
paragraph (b)(2) of this section upon erly.
the aircraft that was used to show
compliance with— * * * * *
(1) Paragraph (b)(1) of this section;
and § 21.37 Flight test pilot.
(2) For rotorcraft, the rotor drive en- Each applicant for a normal, utility,
durance tests prescribed in § 27.923 or acrobatic, commuter, or transport cat-
§ 29.923 of this chapter, as applicable. egory aircraft type certificate must
(d) Each applicant must show for provide a person holding an appro-
each flight test (except in a glider or a priate pilot certificate to make the
manned free balloon) that adequate flight tests required by this part.
provision is made for the flight test [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
crew for emergency egress and the use amended by Amdt. 21–59, 52 FR 1835, Jan. 15,
of parachutes. 1987]
(e) Except in gliders and manned free
balloons, an applicant must dis- § 21.39 Flight test instrument calibra-
continue flight tests under this section tion and correction report.
until he shows that corrective action (a) Each applicant for a normal, util-
has been taken, whenever— ity, acrobatic, commuter, or transport
145
§ 21.41 14 CFR Ch. I (1–1–17 Edition)
category aircraft type certificate must § 21.47 Transferability.

submit a report to the FAA showing
(a) A holder of a type certificate may
the computations and tests required in
transfer it or make it available to
connection with the calibration of in-
other persons by licensing agreements.
struments used for test purposes and in
(b) For a type certificate transfer in
the correction of test results to stand-
which the State of Design will remain
ard atmospheric conditions.
the same, each transferor must, before
(b) Each applicant must allow the
such a transfer, notify in writing the
FAA to conduct any flight tests that
appropriate aircraft certification of-
he finds necessary to check the accu-
fice. This notification must include the
racy of the report submitted under
paragraph (a) of this section. applicable type certificate number, the
name and address of the transferee, and
[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as the anticipated date of the transfer.
amended by Amdt. 21–59, 52 FR 1835, Jan. 15, (c) For a type certificate transfer in
1987]
which the State of Design is changing,
§ 21.41 Type certificate. a type certificate may only be trans-
ferred to or from a person subject to
Each type certificate is considered to the authority of another State of De-
include the type design, the operating sign if the United States has an agree-
limitations, the certificate data sheet, ment with that State of Design for the
the applicable regulations of this sub- acceptance of the affected product for
chapter with which the FAA records export and import. Each transferor
compliance, and any other conditions must notify the appropriate aircraft
or limitations prescribed for the prod- certification office before such a trans-
uct in this subchapter. fer in a form and manner acceptable to
the FAA. This notification must in-
§ 21.43 Location of manufacturing fa-
cilities. clude the applicable type certificate
number; the name, address, and coun-
Except as provided in § 21.29, the FAA try of residence of the transferee; and
does not issue a type certificate if the the anticipated date of the transfer.
manufacturing facilities for the prod- (d) Before executing or terminating a
uct are located outside of the United licensing agreement that makes a type
States, unless the FAA finds that the certificate available to another person,
location of the manufacturer’s facili- the type certificate holder must notify
ties places no undue burden on the in writing the appropriate aircraft cer-
FAA in administering applicable air- tification office. This notification must
worthiness requirements. include the type certificate number ad-
§ 21.45 Privileges. dressed by the licensing agreement, the
name and address of the licensee, the
The holder or licensee of a type cer- extent of authority granted the li-
tificate for a product may— censee, and the anticipated date of the
(a) In the case of aircraft, upon com- agreement.
pliance with §§ 21.173 through 21.189, ob-
tain airworthiness certificates; [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
53386, Oct. 16, 2009]
(b) In the case of aircraft engines or
propellers, obtain approval for installa- § 21.49 Availability.
tion on certificated aircraft;
(c) In the case of any product, upon The holder of a type certificate must
compliance with subpart G of this part, make the certificate available for ex-
obtain a production certificate for the amination upon the request of the FAA
type certificated product; or the National Transportation Safety
(d) Obtain approval of replacement Board.
parts for that product. [Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as
[Doc. No. 5085, 29 FR 14564, Oct. 24, 1964, as amended by Doc. No. 8084, 32 FR 5769, Apr. 11,
amended by Amdt. 21–92, 74 FR 53386, Oct. 16, 1967]
2009]
146
§ 21.50 Instructions for continued air- (i) The failure of the commercial
worthiness and manufacturer’s part, as installed in the product, would
maintenance manuals having air- not degrade the level of safety of the
worthiness limitations sections. product; and
(a) The holder of a type certificate (ii) The part is produced only under
for a rotorcraft for which a Rotorcraft the commercial part manufacturer’s
Maintenance Manual containing an specification and marked only with the
‘‘Airworthiness Limitations’’ section commercial part manufacturer’s mark-
has been issued under § 27.1529 (a)(2) or ings; and
§ 29.1529 (a)(2) of this chapter, and who (3) Any other data necessary for the
obtains approval of changes to any re- FAA to approve the List.
placement time, inspection interval, or
related procedure in that section of the [Amdt. 21–23, 33 FR 14105, Sept. 18, 1968, as
manual, must make those changes amended by Amdt. 21–51, 45 FR 60170, Sept.
11, 1980; Amdt. 21–60, 52 FR 8042, Mar. 13, 1987;
available upon request to any operator Amdt. 21–90, 72 FR 63404, Nov. 8, 2007; Amdt.
of the same type of rotorcraft. 21–92, 74 FR 53386, Oct. 16, 2009]
(b) The holder of a design approval,
including either the type certificate or EFFECTIVE DATE NOTE: At 81 FR 96689, Dec.
supplemental type certificate for an 30, 2016, § 21.50 was amended by revising para-
graph (b), effective Aug. 30, 2017. For the con-
aircraft, aircraft engine, or propeller
venience of the user, the revised text is set
for which application was made after forth as follows:
January 28, 1981, must furnish at least
one set of complete Instructions for § 21.50 Instructions for continued airworthi-
Continued Airworthiness to the owner ness and manufacturer’s maintenance
manuals having airworthiness limitations
of each type aircraft, aircraft engine, sections.
or propeller upon its delivery, or upon
issuance of the first standard air-
worthiness certificate for the affected * * * * *
aircraft, whichever occurs later. The (b) The holder of a design approval, includ-
Instructions must be prepared in ac- ing either a type certificate or supplemental
cordance with §§ 23.1529, 25.1529, 25.1729, type certificate for an aircraft, aircraft en-
27.1529, 29.1529, 31.82, 33.4, 35.4, or part 26 gine, or propeller for which application was
of this subchapter, or as specified in made after January 28, 1981, must furnish at
least one set of complete Instructions for
the applicable airworthiness criteria Continued Airworthiness to the owner of
for special classes of aircraft defined in each type aircraft, aircraft engine, or pro-
§ 21.17(b), as applicable. If the holder of peller upon its delivery, or upon issuance of
a design approval chooses to designate the first standard airworthiness certificate
parts as commercial, it must include in for the affected aircraft, whichever occurs
the Instructions for Continued Air- later. The Instructions for Continued Air-
worthiness a list of commercial parts worthiness must be prepared in accordance
submitted in accordance with the pro- with §§ 23.1529, 25.1529, 25.1729, 27.1529, 29.1529,
31.82, 33.4, 35.4, or part 26 of this subchapter,
visions of paragraph (c) of this section. or as specified in the applicable airworthi-
Thereafter, the holder of a design ap- ness criteria for special classes of aircraft
proval must make those instructions defined in § 21.17(b), as applicable. If the
available to any other person required holder of a design approval chooses to des-
by this chapter to comply with any of ignate parts as commercial, it must include
the terms of those instructions. In ad- in the Instructions for Continued Airworthi-
dition, changes to the Instructions for ness a list of commercial parts submitted in
Continued Airworthiness shall be made accordance with the provisions of paragraph
(c) of this section. Thereafter, the holder of
available to any person required by a design approval must make those instruc-
this chapter to comply with any of tions available to any other person required
those instructions. by this chapter to comply with any of the
(c) To designate commercial parts, terms of those instructions. In addition,
the holder of a design approval, in a changes to the Instructions for Continued
manner acceptable to the FAA, must Airworthiness shall be made available to any
submit: person required by this chapter to comply
(1) A Commercial Parts List; with any of those instructions.

(2) Data for each part on the List
showing that: * * * * *
147
§ 21.51 14 CFR Ch. I (1–1–17 Edition)
§ 21.51 Duration. type certificates, for amendments to

A type certificate is effective until provisional type certificates held by
surrendered, suspended, revoked, or a him, and for provisional amendments
termination date is otherwise estab- to type certificates held by him.
(b) Any manufacturer of aircraft in a
lished by the FAA.
State of Manufacture subject to the
§ 21.53 Statement of conformity. provisions of an agreement with the
United States for the acceptance of
(a) Each applicant must provide, in a those aircraft for export and import
form and manner acceptable to the may apply for a Class II provisional
FAA, a statement that each aircraft type certificate, for amendments to
engine or propeller presented for type provisional type certificates held by
certification conforms to its type de- him, and for provisional amendments
sign. to type certificates held by him.
(b) Each applicant must submit a (c) An aircraft engine manufacturer
statement of conformity to the FAA who is a United States citizen and who
for each aircraft or part thereof pre- has altered a type certificated aircraft
sented to the FAA for tests. This state- by installing different type certificated
ment of conformity must include a aircraft engines manufactured by him
statement that the applicant has com- within the United States may apply for
plied with § 21.33(a) (unless otherwise a Class I provisional type certificate
authorized under that paragraph). for the aircraft, and for amendments to
[Amdt. 21–17, 32 FR 14926, Oct. 28, 1967, as Class I provisional type certificates
amended by Amdt. 21–92, 74 FR 53386, Oct. 16, held by him, if the basic aircraft, be-
2009] fore alteration, was type certificated in
the normal, utility, acrobatic, com-
§ 21.55 Responsibility of type certifi-
cate holders to provide written li- muter, or transport category.
censing agreements. [Doc. No. 5085, 29 FR 14566, Oct. 24, 1964, as
A type certificate holder who allows amended by Amdt. 21–12, 31 FR 13380, Oct. 15,
1966; Amdt. 21–59, 52 FR 1836, Jan. 15, 1987;
a person to use the type certificate to
Amdt. 21–92, 74 FR 53387, Oct. 16, 2009]
manufacture a new aircraft, aircraft
engine, or propeller must provide that § 21.75 Application.
person with a written licensing agree-
ment acceptable to the FAA. Each applicant for a provisional type
certificate, for an amendment thereto,
[Doc. No. FAA–2003–14825, 71 FR 52258, Sept. or for a provisional amendment to a
1, 2006] type certificate must apply to the ap-
propriate aircraft certification office
Subpart C—Provisional Type and provide the information required
Certificates by this subpart.
[Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
SOURCE: Docket No. 5085, 29 FR 14566, Oct. 53387, Oct. 16, 2009]
§ 21.77 Duration.
§ 21.71 Applicability. (a) Unless sooner surrendered, super-
This subpart prescribes— seded, revoked, or otherwise termi-
(a) Procedural requirements for the nated, provisional type certificates and
issue of provisional type certificates, amendments thereto are effective for
amendments to provisional type cer- the periods specified in this section.
tificates, and provisional amendments (b) A Class I provisional type certifi-
to type certificates; and cate is effective for 24 months after the
(b) Rules governing the holders of date of issue.
those certificates. (c) A Class II provisional type certifi-
cate is effective for twelve months
§ 21.73 Eligibility. after the date of issue.
(a) Any manufacturer of aircraft (d) An amendment to a Class I or
manufactured within the United States Class II provisional type certificate is

who is a United States citizen may effective for the duration of the amend-
apply for Class I or Class II provisional ed certificate.
148
(e) A provisional amendment to a equipment unless, for each limitation

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

weights, speeds, flight maneuvers, (d) The applicant must hold a U.S.
loading, and operation of controls and type certificate for at least one other
149
§ 21.85 14 CFR Ch. I (1–1–17 Edition)
aircraft in the same transport category § 21.85 Provisional amendments to

as the subject aircraft. type certificates.
(e) The FAA’s official flight test pro- (a) An applicant who manufactures
gram or the flight test program con- aircraft within the United States is en-
ducted by the authorities of the coun- titled to a provisional amendment to a
try in which the aircraft was manufac- type certificate if he shows compliance
tured, with respect to the issue of a with this section and the FAA finds
type certificate for that aircraft, must that there is no feature, characteristic,
be in progress. or condition that would make the air-
(f) The applicant or, in the case of a craft unsafe when operated under the
foreign manufactured aircraft, the appropriate limitations contained in
country in which the aircraft was man- this subchapter.
ufactured, must certify that— (b) An applicant who manufactures
(1) The aircraft has been designed and aircraft in a foreign country with
constructed in accordance with the air- which the United States has an agree-
worthiness requirements applicable to ment for the acceptance of those air-
the issue of the type certificate applied craft for export and import is entitled
for; to a provisional amendment to a type
(2) The aircraft substantially com- certificate if the country in which the
plies with the applicable flight char- aircraft was manufactured certifies
acteristic requirements for the type that the applicant has shown compli-
certificate applied for; and ance with this section, that the air-
(3) The aircraft can be operated safe- craft meets the requirements of para-
ly under the appropriate operating lim- graph (e) of this section and that there
itations in this subchapter. is no feature, characteristic, or condi-
(g) The applicant must submit a re- tion that would make the aircraft un-
port showing that the aircraft has been safe when operated under the appro-
flown in all maneuvers necessary to priate limitations contained in this
show compliance with the flight re- subchapter.
quirements for the issue of the type (c) The applicant must apply for an
certificate and to establish that the amendment to the type certificate.
aircraft can be operated safely in ac- (d) The FAA’s official flight test pro-
cordance with the limitations in this gram or the flight test program con-
subchapter. ducted by the authorities of the coun-
(h) The applicant must prepare a pro- try in which the aircraft was manufac-
visional aircraft flight manual con- tured, with respect to the amendment
taining all limitations required for the of the type certificate, must be in
issue of the type certificate applied for, progress.
including limitations on weights, (e) The applicant or, in the case of
speeds, flight maneuvers, loading, and foreign manufactured aircraft, the
operation of controls and equipment country in which the aircraft was man-
unless, for each limitation not so es- ufactured, must certify that—
tablished, appropriate operating re- (1) The modification involved in the
strictions are established for the air- amendment to the type certificate has
craft. been designed and constructed in ac-
(i) The applicant must establish an cordance with the airworthiness re-
inspection and maintenance program quirements applicable to the issue of
for the continued airworthiness of the the type certificate for the aircraft;
aircraft. (2) The aircraft substantially com-
(j) The applicant must show that a plies with the applicable flight char-
prototype aircraft has been flown for at acteristic requirements for the type
least 100 hours. In the case of an certificate; and
amendment to a provisional type cer- (3) The aircraft can be operated safe-
tificate, the FAA may reduce the num- ly under the appropriate operating lim-
ber of required flight hours. itations in this subchapter.
[Amdt. 21–12, 31 FR 13386, Oct. 15, 1966, as (f) The applicant must submit a re-
amended by Amdt. 21–66, 54 FR 34329, Aug. 18, port showing that the aircraft incor-
1989] porating the modifications involved
150
has been flown in all maneuvers nec- (b) For the purpose of complying
essary to show compliance with the with Part 36 of this chapter, and except
flight requirements applicable to those as provided in paragraphs (b)(2), (b)(3),
modifications and to establish that the and (b)(4) of this section, any voluntary
aircraft can be operated safely in ac- change in the type design of an aircraft
cordance with the limitations specified that may increase the noise levels of
in §§ 91.317 and 121.207 of this chapter. that aircraft is an ‘‘acoustical change’’
(g) The applicant must establish and (in addition to being a minor or major
publish, in a provisional aircraft flight change as classified in paragraph (a) of
manual or other document and on ap- this section) for the following aircraft:
propriate placards, all limitations re- (1) Transport category large air-
quired for the issue of the type certifi- planes.
cate applied for, including weight, (2) Jet (Turbojet powered) airplanes
speed, flight maneuvers, loading, and (regardless of category). For airplanes
operation of controls and equipment, to which this paragraph applies,
unless, for each limitation not so es- ‘‘acoustical changes’’ do not include
tablished, appropriate operating re- changes in type design that are limited
strictions are established for the air- to one of the following—
craft. (i) Gear down flight with one or more
(h) The applicant must establish an retractable landing gear down during
inspection and maintenance program the entire flight, or
for the continued airworthiness of the (ii) Spare engine and nacelle carriage
aircraft. external to the skin of the airplane
(i) The applicant must operate a pro- (and return of the pylon or other exter-
totype aircraft modified in accordance nal mount), or
with the corresponding amendment to (iii) Time-limited engine and/or na-
the type certificate for the number of celle changes, where the change in type
hours found necessary by the FAA. design specifies that the airplane may
[Amdt. 21–12, 31 FR 13388, Oct. 15, 1966, as not be operated for a period of more
amended by Amdt. 21–66, 54 FR 34329, Aug. 18, than 90 days unless compliance with
1989] the applicable acoustical change provi-
sions of Part 36 of this chapter is shown
Subpart D—Changes to Type for that change in type design.
Certificates (3) Propeller driven commuter cat-
egory and small airplanes in the pri-
SOURCE: Docket No. 5085, 29 FR 14567, Oct.
mary, normal, utility, acrobatic, trans-
24, 1964, unless otherwise noted. port, and restricted categories, except
for airplanes that are:
§ 21.91 Applicability. (i) Designated for ‘‘agricultural air-
craft operations’’ (as defined in § 137.3
This subpart prescribes procedural
of this chapter, effective January 1,
requirements for the approval of
1966) to which § 36.1583 of this chapter
changes to type certificates.
does not apply, or
§ 21.93 Classification of changes in (ii) Designated for dispensing fire
type design. fighting materials to which § 36.1583 of
this chapter does not apply, or
(a) In addition to changes in type de-
sign specified in paragraph (b) of this (iii) U.S. registered, and that had
section, changes in type design are flight time prior to January 1, 1955 or
classified as minor and major. A (iv) Land configured aircraft recon-
‘‘minor change’’ is one that has no ap- figured with floats or skis. This recon-
preciable effect on the weight, balance, figuration does not permit further ex-
structural strength, reliability, oper- ception from the requirements of this
ational characteristics, or other char- section upon any acoustical change not
acteristics affecting the airworthiness enumerated in § 21.93(b).
of the product. All other changes are (4) Helicopters except:

‘‘major changes’’ (except as provided in (i) Those helicopters that are des-
paragraph (b) of this section). ignated exclusively:
151
§ 21.95 14 CFR Ch. I (1–1–17 Edition)
(A) For ‘‘agricultural aircraft oper- § 21.95 Approval of minor changes in

ations’’, as defined in § 137.3 of this type design.
chapter, as effective on January 1, 1966; Minor changes in a type design may
(B) For dispensing fire fighting mate- be approved under a method acceptable
rials; or to the FAA before submitting to the
(C) For carrying external loads, as FAA any substantiating or descriptive
defined in § 133.1(b) of this chapter, as data.
effective on December 20, 1976.
(ii) Those helicopters modified by in- § 21.97 Approval of major changes in
stallation or removal of external equip- type design.
ment. For purposes of this paragraph, (a) An applicant for approval of a
‘‘external equipment’’ means any in- major change in type design must—
strument, mechanism, part, apparatus, (1) Provide substantiating data and
appurtenance, or accessory that is at- necessary descriptive data for inclu-
tached to, or extends from, the heli- sion in the type design;
copter exterior but is not used nor is (2) Show that the change and areas
intended to be used in operating or affected by the change comply with the
controlling a helicopter in flight and is applicable requirements of this sub-
not part of an airframe or engine. An chapter, and provide the FAA the
‘‘acoustical change’’ does not include: means by which such compliance has
(A) Addition or removal of external been shown; and
equipment; (3) Provide a statement certifying
(B) Changes in the airframe made to that the applicant has complied with
accommodate the addition or removal the applicable requirements.
of external equipment, to provide for (b) Approval of a major change in the
an external load attaching means, to type design of an aircraft engine is lim-
facilitate the use of external equip- ited to the specific engine configura-
ment or external loads, or to facilitate tion upon which the change is made
the safe operation of the helicopter unless the applicant identifies in the
with external equipment mounted to, necessary descriptive data for inclu-
or external loads carried by, the heli- sion in the type design the other con-
copter; figurations of the same engine type for
(C) Reconfiguration of the helicopter which approval is requested and shows
by the addition or removal of floats that the change is compatible with the
other configurations.
and skis;
(D) Flight with one or more doors [Amdt. 21–40, 39 FR 35459, Oct. 1, 1974, as
and/or windows removed or in an open amended by Amdt. 21–92, 74 FR 53387, Oct. 16,
position; or 2009; Amdt. 21–96, 77 FR 71695, Dec. 4, 2012]
(E) Any changes in the operational § 21.99 Required design changes.
limitations placed on the helicopter as
a consequence of the addition or re- (a) When an Airworthiness Directive
moval of external equipment, floats, is issued under Part 39 the holder of
and skis, or flight operations with the type certificate for the product
doors and/or windows removed or in an concerned must—
open position. (1) If the FAA finds that design
(5) Tiltrotors. changes are necessary to correct the
unsafe condition of the product, and
(c) For purposes of complying with
upon his request, submit appropriate
part 34 of this chapter, any voluntary
design changes for approval; and
change in the type design of the air-
(2) Upon approval of the design
plane or engine which may increase
changes, make available the descrip-
fuel venting or exhaust emissions is an
tive data covering the changes to all
‘‘emissions change.’’
operators of products previously cer-
[Amdt. 21–27, 34 FR 18363, Nov. 18, 1969] tificated under the type certificate.
EDITORIAL NOTE: For FEDERAL REGISTER ci-
(b) In a case where there are no cur-
rent unsafe conditions, but the FAA or
tations affecting § 21.93, see the List of CFR

Sections Affected, which appears in the the holder of the type certificate finds
Finding Aids section of the printed volume through service experience that
and at www.fdsys.gov. changes in type design will contribute
152
to the safety of the product, the holder (2) Each area, system, component,
of the type certificate may submit ap- equipment, or appliance that the FAA
propriate design changes for approval. finds is not affected by the change.
Upon approval of the changes, the man- (3) Each area, system, component,
ufacturer must make information on equipment, or appliance that is af-
the design changes available to all op- fected by the change, for which the
erators of the same type of product. FAA finds that compliance with a reg-
ulation described in paragraph (a) of
[Doc. No. 5085, 29 FR 14567, Oct. 24, 1964, as
amended by Amdt. 21–3, 30 FR 8826, July 24, this section would not contribute ma-
1965] terially to the level of safety of the
product or would be impractical.
§ 21.101 Designation of applicable reg- (c) An applicant for a change to an
ulations. aircraft (other than a rotorcraft) of
(a) An applicant for a change to a 6,000 pounds or less maximum weight,
type certificate must show that the or to a non-turbine rotorcraft of 3,000
change and areas affected by the pounds or less maximum weight may
change comply with the airworthiness show that the change and areas af-
requirements applicable to the cat- fected by the change comply with the
egory of the product in effect on the regulations incorporated by reference
date of the application for the change in the type certificate. However, if the
and with parts 34 and 36 of this chapter. FAA finds that the change is signifi-
Exceptions are detailed in paragraphs cant in an area, the FAA may des-
(b) and (c) of this section. ignate compliance with an amendment
(b) Except as provided in paragraph to the regulation incorporated by ref-
(g) of this section, if paragraphs (b)(1), erence in the type certificate that ap-
(2), or (3) of this section apply, an applies to the change and any regulation
plicant may show that the change and that the FAA finds is directly related,
areas affected by the change comply unless the FAA also finds that compli-
with an earlier amendment of a regula- ance with that amendment or regula-
tion required by paragraph (a) of this tion would not contribute materially
section, and of any other regulation to the level of safety of the product or
the FAA finds is directly related. How- would be impractical.
ever, the earlier amended regulation (d) If the FAA finds that the regula-
may not precede either the cor- tions in effect on the date of the appli-
responding regulation incorporated by cation for the change do not provide
reference in the type certificate, or any adequate standards with respect to the
regulation in §§ 23.2, 25.2, 27.2, or 29.2 of proposed change because of a novel or
this subchapter that is related to the unusual design feature, the applicant
change. The applicant may show com- must also comply with special condi-
pliance with an earlier amendment of a tions, and amendments to those special
regulation for any of the following: conditions, prescribed under the provi-
(1) A change that the FAA finds not sions of § 21.16, to provide a level of
to be significant. In determining safety equal to that established by the
whether a specific change is signifi- regulations in effect on the date of the
cant, the FAA considers the change in application for the change.
context with all previous relevant de- (e) An application for a change to a
sign changes and all related revisions type certificate for a transport cat-
to the applicable regulations incor- egory aircraft is effective for 5 years,
porated in the type certificate for the and an application for a change to any
product. Changes that meet one of the other type certificate is effective for 3
following criteria are automatically years. If the change has not been ap-
considered significant: proved, or if it is clear that it will not
(i) The general configuration or the be approved under the time limit es-
principles of construction are not re- tablished under this paragraph, the ap-
tained. plicant may do either of the following:
(ii) The assumptions used for certifi- (1) File a new application for a
cation of the product to be changed do change to the type certificate and com-
not remain valid. ply with all the provisions of paragraph
153
§ 21.111 14 CFR Ch. I (1–1–17 Edition)
(a) of this section applicable to an show compliance with an earlier amendment

original application for a change. of a regulation for any of the following:
(2) File for an extension of the origi-
nal application and comply with the * * * * *
provisions of paragraph (a) of this sec- (c) An applicant for a change to an aircraft
tion. The applicant must then select a (other than a rotorcraft) of 6,000 pounds or
new application date. The new applica- less maximum weight, to a non-turbine
tion date may not precede the date the rotorcraft of 3,000 pounds or less maximum
change is approved by more than the weight, to a level 1 low-speed airplane, or to
time period established under this a level 2 low-speed airplane may show that
paragraph (e). the change and areas affected by the change
comply with the regulations included in the
(f) For aircraft certificated under type certificate. However, if the FAA finds
§§ 21.17(b), 21.24, 21.25, and 21.27 the air- that the change is significant in an area, the
worthiness requirements applicable to FAA may designate compliance with an
the category of the product in effect on amendment to the regulation incorporated
the date of the application for the by reference in the type certificate that ap-
change include each airworthiness replies to the change and any regulation that
quirement that the FAA finds to be ap- the FAA finds is directly related, unless the
propriate for the type certification of FAA also finds that compliance with that
amendment or regulation would not con-
the aircraft in accordance with those
tribute materially to the level of safety of
sections. the product or would be impractical.
(g) Notwithstanding paragraph (b) of
this section, for transport category air-
planes, the applicant must show com- * * * * *
pliance with each applicable provision
of part 26 of this chapter, unless the ap- Subpart E—Supplemental Type
plicant has elected or was required to Certificates
comply with a corresponding amend-
ment to part 25 of this chapter that SOURCE: Docket No. 5085, 29 FR 14568, Oct.
was issued on or after the date of the 24, 1964, unless otherwise noted.
applicable part 26 provision.
[Doc. No. 28903, 65 FR 36266, June 7, 2000, as
amended by Amdt. 21–90, 72 FR 63404, Nov. 8, This subpart prescribes procedural
2007; Amdt. 21–96, 77 FR 71695, Dec. 4, 2012] requirements for the issue of supple-
EFFECTIVE DATE NOTE: At 81 FR 96689, Dec. mental type certificates.
30, 2016, § 21.101 was amended by revising
paragraphs (b) introductory text, and (c), ef- § 21.113 Requirement for supplemental
fective Aug. 30, 2017. For the convenience of type certificate.
the user, the revised text is set forth as fol- (a) If a person holds the TC for a
lows: product and alters that product by in-
§ 21.101 Designation of applicable regula- troducing a major change in type de-
tions. sign that does not require an applica-
tion for a new TC under § 21.19, that
* * * * * person must either apply to the appro-
priate aircraft certification office for
(b) Except as provided in paragraph (g) of an STC or apply to amend the original
this section, if paragraphs (b)(1), (2), or (3) of
this section apply, an applicant may show
type certificate under subpart D of this
that the change and areas affected by the part.
change comply with an earlier amendment of (b) If a person does not hold the TC
a regulation required by paragraph (a) of this for a product and alters that product
section, and of any other regulation the FAA by introducing a major change in type
finds is directly related. However, the earlier design that does not require an applica-
amended regulation may not precede either tion for a new TC under § 21.19, that
the corresponding regulation included by ref-

person must apply to the appropriate
erence in the type certificate, or any regula-
tion in §§ 25.2, 27.2, or 29.2 of this chapter that aircraft certification office for an STC.
is related to the change. The applicant may
154
(c) The application for an STC must the type design approved by the supple-
be made in the form and manner pre- mental type certificate.
scribed by the FAA.
[Doc. No. 5085, 29 FR 14568, Oct. 24, 1964, as
[Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR amended by Amdt. 21–92, 74 FR 53387, Oct. 16,
53387, Oct. 16, 2009] 2009]
§ 21.115 Applicable requirements. § 21.120 Responsibility of supple-

(a) Each applicant for a supplemental mental type certificate holders to
type certificate must show that the al- provide written permission for al-
tered product meets applicable require- terations.
ments specified in § 21.101 and, in the A supplemental type certificate hold-
case of an acoustical change described er who allows a person to use the sup-
in § 21.93(b), show compliance with the plemental type certificate to alter an
applicable noise requirements of part aircraft, aircraft engine, or propeller
36 of this chapter and, in the case of an must provide that person with written
emissions change described in § 21.93(c), permission acceptable to the FAA.
show compliance with the applicable
fuel venting and exhaust emissions re- [Doc. No. FAA–2003–14825, 71 FR 52258, Sept.
quirements of part 34 of this chapter. 1, 2006]
(b) Each applicant for a supplemental
type certificate must meet §§ 21.33 and Subpart F—Production Under Type
21.53 with respect to each change in the Certificate
type design.
[Amdt. 21–17, 32 FR 14927, Oct. 28, 1967, as SOURCE: Docket No. 5085, 29 FR 14568, Oct.
amended by Amdt. 21–42, 40 FR 1033, Jan. 6, 24, 1964, unless otherwise noted.
1975; Amdt. 21–52A, 45 FR 79009, Nov. 28, 1980;
Amdt. 21–61, 53 FR 3540, Feb. 5, 1988; Amdt. § 21.121 Applicability.
21–68, 55 FR 32860, Aug. 10, 1990; Amdt. 21–71,
57 FR 42854, Sept. 16, 1992; Amdt. 21–77, 65 FR This subpart prescribes rules for pro-
36266, June 7, 2000] duction under a type certificate.
§ 21.117 Issue of supplemental type § 21.122 Location of or change to man-
certificates. ufacturing facilities.
(a) An applicant is entitled to a sup- (a) A type certificate holder may uti-
plemental type certificate if the FAA lize manufacturing facilities located
finds that the applicant meets the re- outside of the United States if the FAA
quirements of §§ 21.113 and 21.115. finds no undue burden in administering
(b) A supplemental type certificate the applicable requirements of Title 49
consists of— U.S.C. and this subchapter.
(1) The approval by the FAA of a
(b) The type certificate holder must
change in the type design of the prod-
obtain FAA approval before making
uct; and
any changes to the location of any of
(2) The type certificate previously
its manufacturing facilities.
issued for the product.
(c) The type certificate holder must
[Doc. No. 5085, 29 FR 14568, Oct. 24, 1964, as immediately notify the FAA, in writ-
amended by Amdt. 21–92, 74 FR 53387, Oct. 16, ing, of any change to the manufac-
2009]
turing facilities that may affect the in-
§ 21.119 Privileges. spection, conformity, or airworthiness
of its product or article.
The holder of a supplemental type
certificate may— [Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
(a) In the case of aircraft, obtain air- 53387, Oct. 16, 2009; Amdt. 21–92A, 75 FR 9095,
worthiness certificates; Mar. 1, 2010]
(b) In the case of other products, ob-
tain approval for installation on cer- § 21.123 Production under type certifi-
cate.
tificated aircraft; and
(c) Obtain a production certificate in Each manufacturer of a product

accordance with the requirements of being manufactured under a type cer-
subpart G of this part for the change in tificate must—
155
§ 21.125 14 CFR Ch. I (1–1–17 Edition)
(a) Maintain at the place of manufac- in flight to establish that, during

ture all information and data specified flight, instrument readings are within
in §§ 21.31 and 21.41; normal range.
(b) Make each product and article (3) A determination that all instru-
thereof available for inspection by the ments are properly marked, and that
FAA; all placards and required flight manu-
(c) Maintain records of the comple- als are installed after flight test.
tion of all inspections and tests re- (4) A check of the operational charac-
quired by §§ 21.127, 21.128, and 21.129 for teristics of the aircraft on the ground.
at least 5 years for the products and ar- (5) A check on any other items pecu-
ticles thereof manufactured under the liar to the aircraft being tested that
approval and at least 10 years for crit- can best be done during the ground or
ical components identified under flight operation of the aircraft.
§ 45.15(c) of this chapter;
(d) Allow the FAA to make any in- § 21.128 Tests: aircraft engines.
spection or test, including any inspec- (a) Each person manufacturing air-
tion or test at a supplier facility, nec- craft engines under a type certificate
essary to determine compliance with must subject each engine (except rock-
this subchapter; et engines for which the manufacturer
(e) Mark the product in accordance must establish a sampling technique)
with part 45 of this chapter, including to an acceptable test run that includes
any critical parts; the following:
(f) Identify any portion of that prod- (1) Break-in runs that include a de-
uct (e.g., sub-assemblies, component termination of fuel and oil consump-
parts, or replacement articles) that tion and a determination of power
leave the manufacturer’s facility as characteristics at rated maximum con-
FAA approved with the manufacturer’s tinuous power or thrust and, if applica-
part number and name, trademark, ble, at rated takeoff power or thrust.
symbol, or other FAA-approved manu- (2) At least five hours of operation at
facturer’s identification; and rated maximum continuous power or
(g) Except as otherwise authorized by thrust. For engines having a rated
the FAA, obtain a production certifi- takeoff power or thrust higher than
cate for that product in accordance rated maximum continuous power or
with subpart G of this part within 6 thrust, the five-hour run must include
months after the date of issuance of 30 minutes at rated takeoff power or
the type certificate. thrust.
(b) The test runs required by para-
[Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR graph (a) of this section may be made
53387, Oct. 16, 2009]
with the engine appropriately mounted
§ 21.125 [Reserved] and using current types of power and
thrust measuring equipment.
§ 21.127 Tests: aircraft. [Doc. No. 5085, 29 FR 14568, Oct. 24, 1964, as
(a) Each person manufacturing air- amended by Amdt. 21–5, 32 FR 3735, Mar. 4,
craft under a type certificate must es- 1967]
tablish an approved production flight
test procedure and flight check-off § 21.129 Tests: propellers.
form, and in accordance with that Each person manufacturing propel-
form, flight test each aircraft pro- lers under a type certificate must give
duced. each variable pitch propeller an accept-
(b) Each production flight test proce- able functional test to determine if it
dure must include the following: operates properly throughout the nor-
(1) An operational check of the trim, mal range of operation.
controllability, or other flight charac-
teristics to establish that the produc- § 21.130 Statement of conformity.
tion aircraft has the same range and Each holder or licensee of a type cer-
degree of control as the prototype air- tificate who manufactures a product
craft. under this subpart must provide, in a

(2) An operational check of each part form and manner acceptable to the
or system operated by the crew while FAA, a statement that the product for
156
which the type certificate has been procedures described in the quality
issued conforms to its type certificate manual required by § 21.138 are in place
and is in a condition for safe operation. and that the production approval hold-
[Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR
er satisfies the requirements of the ap-
53387, Oct. 16, 2009] plicable regulations of subchapter C,
Aircraft. The accountable manager
must serve as the primary contact with
Subpart G—Production the FAA.
Certificates
[Doc. No. FAA–2013–0933, Amdt. 21–98, 80 FR
59031, Oct. 1, 2015]
SOURCE: Docket No. FAA–2006–25877, Amdt.
21–92, 74 FR 53387, Oct. 16, 2009, unless other-
wise noted.
§ 21.137 Quality system.
Each applicant for or holder of a pro-
§ 21.131 Applicability. duction certificate must establish and
This subpart prescribes— describe in writing a quality system
(a) Procedural requirements for that ensures that each product and ar-
issuing production certificates; and ticle conforms to its approved design
(b) Rules governing holders of those and is in a condition for safe operation.
certificates. This quality system must include:
(a) Design data control. Procedures for
§ 21.132 Eligibility. controlling design data and subsequent
Any person may apply for a produc- changes to ensure that only current,
tion certificate if that person holds, for correct, and approved data is used.
the product concerned— (b) Document control. Procedures for
(a) A current type certificate, controlling quality system documents
(b) A supplemental type certificate, and data and subsequent changes to en-
or sure that only current, correct, and ap-
(c) Rights to the benefits of that type proved documents and data are used.
certificate or supplemental type cer- (c) Supplier control. Procedures that—
tificate under a licensing agreement. (1) Ensure that each supplier-pro-
vided product, article, or service con-
§ 21.133 Application. forms to the production approval hold-
Each applicant must apply for a pro- er’s requirements; and
duction certificate in a form and man- (2) Establish a supplier-reporting
ner prescribed by the FAA. process for products, articles, or serv-
ices that have been released from or
§ 21.135 Organization. provided by the supplier and subse-
(a) Each applicant for or holder of a quently found not to conform to the
production certificate must provide the production approval holder’s require-
FAA with a document— ments.
(1) Describing how its organization (d) Manufacturing process control. Pro-
will ensure compliance with the provi- cedures for controlling manufacturing
sions of this subpart; processes to ensure that each product
(2) Describing assigned responsibil- and article conforms to its approved
ities, delegated authorities, and the design.
functional relationship of those respon- (e) Inspecting and testing. Procedures
sible for quality to management and for inspections and tests used to ensure
other organizational components; and that each product and article conforms
(3) Identifying an accountable man- to its approved design. These proce-
ager. dures must include the following, as
(b) The accountable manager speci- applicable:
fied in paragraph (a) of this section (1) A flight test of each aircraft pro-
must be responsible within the appli- duced unless that aircraft will be ex-
cant’s or production approval holder’s ported as an unassembled aircraft.
organization for, and have authority (2) A functional test of each aircraft
over, all production operations con- engine and each propeller produced.
ducted under this part. The account- (f) Inspection, measuring, and test
able manager must confirm that the equipment control. Procedures to ensure
157
§ 21.138 14 CFR Ch. I (1–1–17 Edition)
calibration and control of all inspec- a process for assisting the design ap-
tion, measuring, and test equipment proval holder to—
used in determining conformity of each (1) Address any in-service problem in-
product and article to its approved de- volving design changes; and
sign. Each calibration standard must (2) Determine if any changes to the
be traceable to a standard acceptable Instructions for Continued Airworthi-
to the FAA. ness are necessary.
(g) Inspection and test status. Proce- (n) Quality escapes. Procedures for
dures for documenting the inspection
identifying, analyzing, and initiating
and test status of products and articles
appropriate corrective action for prod-
supplied or manufactured to the ap-
proved design. ucts or articles that have been released
(h) Nonconforming product and article from the quality system and that do
control. (1) Procedures to ensure that not conform to the applicable design
only products or articles that conform data or quality system requirements.
to their approved design are installed (o) Issuing authorized release docu-
on a type-certificated product. These ments. Procedures for issuing author-
procedures must provide for the identi- ized release documents for aircraft en-
fication, documentation, evaluation, gines, propellers, and articles if the
segregation, and disposition of noncon- production approval holder intends to
forming products and articles. Only au- issue those documents. These proce-
thorized individuals may make disposi- dures must provide for the selection,
tion determinations. appointment, training, management,
(2) Procedures to ensure that dis- and removal of individuals authorized
carded articles are rendered unusable. by the production approval holder to
(i) Corrective and preventive actions. issue authorized release documents.
Procedures for implementing correc- Authorized release documents may be
tive and preventive actions to elimi- issued for new aircraft engines, propel-
nate the causes of an actual or poten- lers, and articles manufactured by the
tial nonconformity to the approved de- production approval holder; and for
sign or noncompliance with the ap-
used aircraft engines, propellers, and
proved quality system.
articles when rebuilt, or altered, in ac-
(j) Handling and storage. Procedures
to prevent damage and deterioration of cordance with § 43.3(j) of this chapter.
each product and article during han- When a production approval holder
dling, storage, preservation, and pack- issues an authorized release document
aging. for the purpose of export, the produc-
(k) Control of quality records. Proce- tion approval holder must comply with
dures for identifying, storing, pro- the procedures applicable to the export
tecting, retrieving, and retaining qual- of new and used aircraft engines, pro-
ity records. A production approval pellers, and articles specified in § 21.331
holder must retain these records for at and the responsibilities of exporters
least 5 years for the products and arti- specified in § 21.335.
cles manufactured under the approval
[Docket No. FAA–2006–25877, Amdt. 21–92, 74
and at least 10 years for critical compo- FR 53387, Oct. 16, 2009, as amended by Doc.
nents identified under § 45.15(c) of this No. FAA–2013–0933, Amdt. 21–98, 80 FR 59031,
chapter. Oct. 1, 2015; Amdt. 21–98A, 80 FR 59031, Dec.
(l) Internal audits. Procedures for 17, 2015]
planning, conducting, and documenting
internal audits to ensure compliance § 21.138 Quality manual.
with the approved quality system. The
Each applicant for or holder of a pro-
procedures must include reporting re-
duction certificate must provide a
sults of internal audits to the manager
responsible for implementing correc- manual describing its quality system
tive and preventive actions. to the FAA for approval. The manual
(m) In-service feedback. Procedures for must be in the English language and
receiving and processing feedback on retrievable in a form acceptable to the

in-service failures, malfunctions, and FAA.
defects. These procedures must include
158
§ 21.139 Location of or change to man- § 21.144 Transferability.

ufacturing facilities.
The holder of a production certificate
(a) An applicant may obtain a pro- may not transfer the production cer-
duction certificate for manufacturing tificate.
facilities located outside of the United
States if the FAA finds no undue bur- § 21.145 Privileges.
den in administering the applicable re- (a) The holder of a production certifi-
quirements of Title 49 U.S.C. and this cate may—
subchapter. (1) Obtain an aircraft airworthiness
(b) The production certificate holder certificate without further showing,
must obtain FAA approval before mak- except that the FAA may inspect the
ing any changes to the location of any aircraft for conformity with the type
of its manufacturing facilities. design; or
(c) The production certificate holder (2) In the case of other products, ob-
must immediately notify the FAA, in tain approval from the FAA for instal-
writing, of any change to the manufac- lation on type-certificated aircraft.
turing facilities that may affect the in- (b) Notwithstanding the provisions of
spection, conformity, or airworthiness § 147.3 of this chapter, the holder of a
of its product or article. production certificate for a primary
category aircraft, or for a normal, util-
§ 21.140 Inspections and tests. ity, or acrobatic category aircraft of a
Each applicant for or holder of a pro- type design that is eligible for a special
duction certificate must allow the FAA airworthiness certificate in the pri-
to inspect its quality system, facilities, mary category under § 21.184(c), may—
technical data, and any manufactured (1) Conduct training for persons in
products or articles and witness any the performance of a special inspection
tests, including any inspections or and preventive maintenance program
tests at a supplier facility, necessary approved as a part of the aircraft’s
to determine compliance with this sub- type design under § 21.24(b), provided a
chapter. person holding a mechanic certificate
with appropriate airframe and power-
§ 21.141 Issuance. plant ratings issued under part 65 of
The FAA issues a production certifi- this chapter gives the training; and
cate after finding that the applicant (2) Issue a certificate of competency
complies with the requirements of this to persons successfully completing the
subpart. approved training program, provided
the certificate specifies the aircraft
§ 21.142 Production limitation record. make and model to which the certifi-
cate applies.
The FAA issues a production limita-
tion record as part of a production cer- § 21.146 Responsibility of holder.
tificate. The record lists the type cer-
The holder of a production certificate
tificate number and model of every
must—
product that the production certificate
(a) Amend the document required by
holder is authorized to manufacture,
§ 21.135 as necessary to reflect changes
and identifies every interface compo-
in the organization and provide these
nent that the production certificate
amendments to the FAA.
holder is authorized to manufacture
(b) Maintain the quality system in
and install under this part.
compliance with the data and proce-
[Doc. No. FAA–2013–0933, Amdt. 21–98, 80 FR dures approved for the production cer-
59031, Oct. 1, 2015, as amended by Amdt. 21– tificate;
98A, 80 FR 59031, Dec. 17, 2015] (c) Ensure that each completed prod-
uct or article for which a production
§ 21.143 Duration. certificate has been issued, including
A production certificate is effective primary category aircraft assembled
until surrendered, suspended, revoked, under a production certificate by an-

or the FAA otherwise establishes a ter- other person from a kit provided by the
mination date. holder of the production certificate,
159
§ 21.147 14 CFR Ch. I (1–1–17 Edition)
presented for airworthiness certifi- (5) The applicant complies with any
cation or approval conforms to its ap- other conditions and limitations the
proved design and is in a condition for FAA considers necessary.
safe operation;
[Doc. No. FAA–2013–0933, Amdt. 21–98, 80 FR
(d) Mark the product or article for 59031, Oct. 1, 2015, as amended by Amdt. 21–
which a certificate or approval has 98A, 80 FR 59031, Dec. 17, 2015]
been issued. Marking must be in ac-
cordance with part 45 of this chapter, § 21.150 Changes in quality system.
including any critical parts;
After the issuance of a production
(e) Identify any portion of the prod-
certificate—
uct or article (e.g., sub-assemblies,
(a) Each change to the quality sys-
component parts, or replacement arti-
tem is subject to review by the FAA;
cles) that leave the manufacturer’s fa-
cility as FAA approved with the manu- and
facturer’s part number and name, (b) The holder of a production certifi-
trademark, symbol, or other FAA ap- cate must immediately notify the
proved manufacturer’s identification; FAA, in writing, of any change that
(f) Have access to type design data may affect the inspection, conformity,
necessary to determine conformity and or airworthiness of its product or arti-
airworthiness for each product and ar- cle.
ticle produced under the production
certificate; Subpart H—Airworthiness
(g) Retain its production certificate Certificates
and make it available to the FAA upon
request; and SOURCE: Docket No. 5085, 29 FR 14569, Oct.
(h) Make available to the FAA infor- 24, 1964, unless otherwise noted.
mation regarding all delegation of au-
thority to suppliers. § 21.171 Applicability.
This subpart prescribes procedural
§ 21.147 Amendment of production cer-
tificates. requirements for the issue of airworthi-
ness certificates.
(a) A holder of a production certifi-
cate must apply for an amendment to a § 21.173 Eligibility.
production certificate in a form and
Any registered owner of a U.S.-reg-
manner prescribed by the FAA.
istered aircraft (or the agent of the
(b) An applicant for an amendment to owner) may apply for an airworthiness
a production certificate to add a type certificate for that aircraft. An appli-
certificate or model, or both, must cation for an airworthiness certificate
comply with §§ 21.137, 21.138, and 21.150.
must be made in a form and manner ac-
(c) An applicant may apply to amend ceptable to the FAA, and may be sub-
its production limitation record to mitted to any FAA office.
allow the manufacture and installation
of an interface component, provided— [Amdt. 21–26, 34 FR 15244, Sept. 30, 1969]
(1) The applicant owns or has a li-
cense to use the design and installation § 21.175 Airworthiness certificates:
classification.
data for the interface component and
makes that data available to the FAA (a) Standard airworthiness certifi-
upon request; cates are airworthiness certificates
(2) The applicant manufactures the issued for aircraft type certificated in
interface component; the normal, utility, acrobatic, com-
(3) The applicant’s product conforms muter, or transport category, and for
to its approved type design and the manned free balloons, and for aircraft
interface component conforms to its designated by the FAA as special class-
approved type design; es of aircraft.
(4) The assembled product with the (b) Special airworthiness certificates
installed interface component is in a are primary, restricted, limited, light-
condition for safe operation; and sport, and provisional airworthiness
160
certificates, special flight permits, and riod. The duration of an experimental

experimental certificates. certificate issued for operating ama-
[Amdt. 21–21, 33 FR 6858, May 7, 1968, as
teur-built aircraft, exhibition, air-rac-
amended by Amdt. 21–60, 52 FR 8043, Mar. 13, ing, operating primary kit-built air-
1987; Amdt. 21–70, 57 FR 41368, Sept. 9, 1992; craft, or operating light-sport aircraft
Amdt. 21–85, 69 FR 44861, July 27, 2004] is unlimited, unless the FAA estab-
lishes a specific period for good cause.
§ 21.177 Amendment or modification. (b) The owner, operator, or bailee of
An airworthiness certificate may be the aircraft must, upon request, make
amended or modified only upon appli- it available for inspection by the FAA.
cation to the FAA. (c) Upon suspension, revocation, or
termination by order of the FAA of an
§ 21.179 Transferability. airworthiness certificate, the owner,
An airworthiness certificate is trans- operator, or bailee of an aircraft must,
ferred with the aircraft. upon request, surrender the certificate
to the FAA.
§ 21.181 Duration.
[Amdt. 21–21, 33 FR 6858, May 7, 1968, as
(a) Unless sooner surrendered, sus- amended by Amdt. 21–49, 44 FR 46781, Aug. 9,
pended, revoked, or a termination date 1979; Amdt. 21–70, 57 FR 41368, Sept. 9, 1992;
is otherwise established by the FAA, Amdt. 21–85, 69 FR 44861, July 27, 2004]
airworthiness certificates are effective
as follows: § 21.182 Aircraft identification.
(1) Standard airworthiness certifi- (a) Except as provided in paragraph
cates, special airworthiness certifi- (b) of this section, each applicant for
cates—primary category, and air- an airworthiness certificate under this
worthiness certificates issued for re- subpart must show that his aircraft is
stricted or limited category aircraft identified as prescribed in § 45.11.
are effective as long as the mainte- (b) Paragraph (a) of this section does
nance, preventive maintenance, and al- not apply to applicants for the fol-
terations are performed in accordance lowing:
with Parts 43 and 91 of this chapter and (1) A special flight permit.
the aircraft are registered in the (2) An experimental certificate for an
United States. aircraft not issued for the purpose of
(2) A special flight permit is effective operating amateur-built aircraft, oper-
for the period of time specified in the ating primary kit-built aircraft, or op-
permit. erating light-sport aircraft.
(3) A special airworthiness certificate (3) A change from one airworthiness
in the light-sport category is effective classification to another, for an air-
as long as— craft already identified as prescribed in
(i) The aircraft meets the definition § 45.11.
of a light-sport aircraft;
(ii) The aircraft conforms to its origi- [Amdt. 21–13, 32 FR 188, Jan. 10, 1967, as
nal configuration, except for those al-
11, 1980; Amdt. 21–70, 57 FR 41368, Sept. 9,
terations performed in accordance with 1992; Amdt. 21–85, 69 FR 44862, July 27, 2004]
an applicable consensus standard and
authorized by the aircraft’s manufac- § 21.183 Issue of standard airworthi-
turer or a person acceptable to the ness certificates for normal, utility,
FAA; acrobatic, commuter, and transport
(iii) The aircraft has no unsafe condi- category aircraft; manned free bal-
tion and is not likely to develop an un- loons; and special classes of air-
safe condition; and craft.
(iv) The aircraft is registered in the (a) New aircraft manufactured under a
United States. production certificate. An applicant for a
(4) An experimental certificate for re- standard airworthiness certificate for a
search and development, showing com- new aircraft manufactured under a pro-
pliance with regulations, crew train- duction certificate is entitled to a
ing, or market surveys is effective for 1 standard airworthiness certificate

year after the date of issue or renewal without further showing, except that
unless the FAA prescribes a shorter pe- the FAA may inspect the aircraft to
161
§ 21.183 14 CFR Ch. I (1–1–17 Edition)
determine conformity to the type de- (iii) The holder of a mechanic certifi-
sign and condition for safe operation. cate as authorized in Part 65 of this
(b) New aircraft manufactured under chapter; or
type certificate. An applicant for a (iv) The holder of a certificate issued
standard airworthiness certificate for a under part 121 of this chapter, and hav-
new aircraft manufactured under a ing a maintenance and inspection orga-
type certificate is entitled to a stand- nization appropriate to the aircraft
ard airworthiness certificate upon pres- type; and
entation, by the holder or licensee of (3) The FAA finds after inspection,
the type certificate, of the statement that the aircraft conforms to the type
of conformity prescribed in § 21.130 if design, and is in condition for safe op-
the FAA finds after inspection that the eration.
aircraft conforms to the type design (e) Noise requirements. Notwith-
and is in condition for safe operation. standing all other provisions of this
(c) Import aircraft. An applicant for a section, the following must be com-
standard airworthiness certificate for plied with for the original issuance of a
an import aircraft is entitled to that standard airworthiness certificate:
certificate if— (1) For transport category large air-
(1) The aircraft is type certificated in planes and jet (turbojet powered) air-
accordance with § 21.21 or § 21.29 and planes that have not had any flight
produced under the authority of an- time before the dates specified in
other State of Manufacture; § 36.1(d), no standard airworthiness cer-
tificate is originally issued under this
(2) The State of Manufacture cer-
section unless the FAA finds that the
tifies, in accordance with the export
type design complies with the noise re-
provisions of an agreement with the
quirements in § 36.1(d) in addition to
United States for import of that air-
the applicable airworthiness require-
craft, that the aircraft conforms to the
ments in this section. For import air-
type design and is in condition for safe
planes, compliance with this paragraph
operation; and
is shown if the country in which the
(3) The FAA finds that the aircraft
airplane was manufactured certifies,
conforms to the type design and is in
and the FAA finds, that § 36.1(d) (or the
condition for safe operation.
applicable airplane noise requirements
(d) Used aircraft and surplus aircraft of of the country in which the airplane
the U.S. Armed Forces. An applicant for was manufactured and any other re-
a standard airworthiness certificate for quirements the FAA may prescribe to
a used aircraft or surplus aircraft of provide noise levels no greater than
the U.S. Armed Forces is entitled to a those provided by compliance with
standard airworthiness certificate if— § 36.1(d)) and paragraph (c) of this sec-
(1) The applicant presents evidence to tion are complied with.
the FAA that the aircraft conforms to (2) For normal, utility, acrobatic,
a type design approved under a type commuter, or transport category pro-
certificate or a supplemental type cer- peller driven small airplanes (except
tificate and to applicable Airworthi- for those airplanes that are designed
ness Directives; for ‘‘agricultural aircraft operations’’
(2) The aircraft (except an experi- (as defined in § 137.3 of this chapter, as
mentally certificated aircraft that pre- effective on January 1, 1966) or for dis-
viously had been issued a different air- pensing fire fighting materials to
worthiness certificate under this sec- which § 36.1583 of this chapter does not
tion) has been inspected in accordance apply) that have not had any flight
with the performance rules for 100-hour time before the applicable date speci-
inspections set forth in § 43.15 of this fied in part 36 of this chapter, no stand-
chapter, or an equivalent performance ard airworthiness certificate is origi-
standard acceptable to the FAA, and nally issued under this section unless
found airworthy by— the applicant shows that the type de-
(i) The manufacturer; sign complies with the applicable noise
(ii) The holder of a repair station cer- requirements of part 36 of this chapter
tificate as provided in Part 145 of this in addition to the applicable airworthi-
chapter; ness requirements in this section. For
162
import airplanes, compliance with this (3) The FAA finds after inspection,
paragraph is shown if the country in that the aircraft conforms to the type
which the airplane was manufactured design, and is in condition for safe op-
certifies, and the FAA finds, that the eration.
applicable requirements of part of this [Amdt. 21–17, 32 FR 14927, Oct. 28, 1967]
chapter (or the applicable airplane
noise requirements of the country in EDITORIAL NOTE: For FEDERAL REGISTER ci-
tations affecting § 21.183, see the List of CFR
which the airplane was manufactured Sections Affected, which appears in the
and any other requirements the FAA Finding Aids section of the printed volume
may prescribe to provide noise levels and at www.fdsys.gov.
no greater than those provided by com-
pliance with the applicable require- § 21.184 Issue of special airworthiness
ments of part 36 of this chapter) and certificates for primary category
paragraph (c) of this section are com- aircraft.
plied with. (a) New primary category aircraft man-
(f) Passenger emergency exit require- ufactured under a production certificate.
ments. Notwithstanding all other provi- An applicant for an original, special
sions of this section, each applicant for airworthiness certificate-primary cat-
issuance of a standard airworthiness egory for a new aircraft that meets the
certificate for a transport category air- criteria of § 21.24(a)(1), manufactured
plane manufactured after October 16, under a production certificate, includ-
1987, must show that the airplane ing aircraft assembled by another per-
meets the requirements of § 25.807(c)(7) son from a kit provided by the holder
in effect on July 24, 1989. For the pur- of the production certificate and under
poses of this paragraph, the date of the supervision and quality control of
manufacture of an airplane is the date that holder, is entitled to a special air-
the inspection acceptance records re- worthiness certificate without further
flect that the airplane is complete and showing, except that the FAA may in-
meets the FAA-approved type design spect the aircraft to determine con-
data. formity to the type design and condi-
(g) Fuel venting and exhaust emission tion for safe operation.
(b) Imported aircraft. An applicant for
requirements. Notwithstanding all other
a special airworthiness certificate-pri-
provisions of this section, and irrespec-
mary category for an imported aircraft
tive of the date of application, no air-
type certificated under § 21.29 is enti-
worthiness certificate is issued, on and
tled to a special airworthiness certifi-
after the dates specified in part 34 for
cate if the civil airworthiness author-
the airplanes specified therein, unless
ity of the country in which the aircraft
the airplane complies with the applica-
was manufactured certifies, and the
ble requirements of that part. FAA finds after inspection, that the
(h) New aircraft manufactured under aircraft conforms to an approved type
the provisions of § 21.6(b). An applicant design that meets the criteria of
for a standard airworthiness certificate § 21.24(a)(1) and is in a condition for
for a new aircraft manufactured under safe operation.
the provisions of § 21.6(b) is entitled to (c) Aircraft having a current standard
a standard airworthiness certificate airworthiness certificate. An applicant
if— for a special airworthiness certificate-
(1) The applicant presents evidence to primary category, for an aircraft hav-
the FAA that the aircraft conforms to ing a current standard airworthiness
a type design approved under a type certificate that meets the criteria of
certificate or supplemental type cer- § 21.24(a)(1), may obtain the primary
tificate and to applicable Airworthi- category certificate in exchange for its
ness Directives; standard airworthiness certificate
(2) The aircraft has been inspected in through the supplemental type certifi-
accordance with the performance rules cation process. For the purposes of this
for a 100-hour inspections set forth in paragraph, a current standard air-
§ 43.15 of this chapter and found airworthiness certificate means that the
worthy by a person specified in para- aircraft conforms to its approved nor-
graph (d)(2) of this section; and mal, utility, or acrobatic type design,
163
§ 21.185 14 CFR Ch. I (1–1–17 Edition)
complies with all applicable airworthi- preservation and repair and in a condi-
ness directives, has been inspected and tion for safe operation.
found airworthy within the last 12 cal- (c) Import aircraft. An applicant for
endar months in accordance with the original issue of a special air-
§ 91.409(a)(1) of this chapter, and is worthiness certificate for a restricted
found to be in a condition for safe oper- category import aircraft is entitled to
ation by the FAA. that certificate if—
(d) Other aircraft. An applicant for a (1) The aircraft is type-certificated in
special airworthiness certificate-pri-
accordance with § 21.25 or § 21.29 and
mary category for an aircraft that
produced under the authority of an-
meets the criteria of § 21.24(a)(1), and is
other State of Manufacture;
not covered by paragraph (a), (b), or (c)
of this section, is entitled to a special (2) The State of Manufacture cer-
airworthiness certificate if— tifies, in accordance with the export
(1) The applicant presents evidence to provisions of an agreement with the
the FAA that the aircraft conforms to United States for import of that air-
an approved primary, normal, utility, craft that the aircraft conforms to the
or acrobatic type design, including type design and is in condition for safe
compliance with all applicable air- operation; and
worthiness directives; (3) The FAA finds that the aircraft
(2) The aircraft has been inspected conforms to the type design and is in
and found airworthy within the past 12 condition for safe operation.
calendar months in accordance with (d) Noise requirements. For propeller-
§ 91.409(a)(1) of this chapter and; driven small airplanes (except air-
(3) The aircraft is found by the FAA planes designed for ‘‘agricultural air-
to conform to an approved type design craft operations,’’ as defined in § 137.3
and to be in a condition for safe oper- of this chapter, as effective on January
ation. 1, 1966, or for dispensing fire fighting
(e) Multiple-category airworthiness cer-
materials) that have not had any flight
tificates in the primary category and
time before the applicable date speci-
any other category will not be issued; a
primary category aircraft may hold fied in Part 36 of this chapter, and not-
only one airworthiness certificate. withstanding the other provisions of
this section, no original restricted cat-
[Doc. No. 23345, 57 FR 41368, Sept. 9, 1992, as egory airworthiness certificate is
issued under this section unless the
22, 1992]
FAA finds that the type design com-
§ 21.185 Issue of airworthiness certifi- plies with the applicable noise require-
cates for restricted category air- ments of Part 36 of this chapter in ad-
craft. dition to the applicable airworthiness
(a) Aircraft manufactured under a pro- requirements of this section. For im-
duction certificate or type certificate. An port airplanes, compliance with this
applicant for the original issue of a re- paragraph is shown if the country in
stricted category airworthiness certifi- which the airplane was manufactured
cate for an aircraft type certificated in certifies, and the FAA finds, that the
the restricted category, that was not applicable requirements of Part 36 of
previously type certificated in any this chapter (or the applicable airplane
other category, must comply with the noise requirements of the country in
appropriate provisions of § 21.183. which the airplane was manufactured
(b) Other aircraft. An applicant for a and any other requirements the FAA
restricted category airworthiness cer- may prescribe to provide noise levels
tificate for an aircraft type certificated no greater than those provided by com-
in the restricted category, that was ei- pliance with the applicable require-
ther a surplus aircraft of the Armed
ments of Part 36 of this chapter) and
Forces or previously type certificated
in another category, is entitled to an
airworthiness certificate if the aircraft

has been inspected by the FAA and
found by him to be in a good state of
164
paragraph (c) of this section are com- (b) The FAA prescribes limitations
plied with. and conditions necessary for safe oper-
ation.
[Amdt. 21–10, 31 FR 9211, July 6, 1966, as
amended by Amdt. 21–32, 35 FR 10202, June [Doc. No. 5085, 29 FR 14570, Oct. 24, 1964, as
23, 1970; Amdt. 21–42, 40 FR 1034, Jan. 6, 1975; amended by Amdt. 21–4, 30 FR 9437, July 29,
Amdt. 21–92, 74 FR 53389, Oct. 16, 2009; Amdt. 1965]
21–92, 74 FR 53389, Oct. 16, 2009; Amdt. 21–92A,
75 FR 9095, Mar. 1, 2010] § 21.190 Issue of a special airworthi-
ness certificate for a light-sport cat-
§ 21.187 Issue of multiple airworthi- egory aircraft.
ness certification. (a) Purpose. The FAA issues a special
(a) An applicant for an airworthiness airworthiness certificate in the light-
certificate in the restricted category, sport category to operate a light-sport
and in one or more other categories ex- aircraft, other than a gyroplane.
cept primary category, is entitled to (b) Eligibility. To be eligible for a spe-
the certificate, if— cial airworthiness certificate in the
(1) He shows compliance with the relight-sport category:
quirements for each category, when the (1) An applicant must provide the
aircraft is in the configuration for that FAA with—
category; and (i) The aircraft’s operating instruc-
(2) He shows that the aircraft can be tions;
converted from one category to an- (ii) The aircraft’s maintenance and
other by removing or adding equipment inspection procedures;
by simple mechanical means. (iii) The manufacturer’s statement of
(b) The operator of an aircraft cer- compliance as described in paragraph
tificated under this section must have (c) of this section; and
the aircraft inspected by the FAA, or (iv) The aircraft’s flight training sup-
by a certificated mechanic with an ap- plement.
propriate airframe rating, to determine (2) The aircraft must not have been
airworthiness each time the aircraft is previously issued a standard, primary,
converted from the restricted category restricted, limited, or provisional air-
to another category for the carriage of worthiness certificate, or an equivalent
passengers for compensation or hire, airworthiness certificate issued by a
unless the FAA finds this unnecessary foreign civil aviation authority.
for safety in a particular case. (3) The aircraft must be inspected by
(c) The aircraft complies with the ap- the FAA and found to be in a condition
plicable requirements of part 34. for safe operation.
(c) Manufacturer’s statement of compli-
[Doc. No. 5085, 29 FR 14569, Oct. 24, 1964, as ance for light-sport category aircraft. The
amended by Amdt. 21–68, 55 FR 32860, Aug. 10, manufacturer’s statement of compli-
1990; Amdt. 21–70, 57 FR 41369, Sept. 9, 1992] ance required in paragraph (b)(1)(iii) of
this section must—
§ 21.189 Issue of airworthiness certifi-
cate for limited category aircraft. (1) Identify the aircraft by make and
model, serial number, class, date of
(a) An applicant for an airworthiness manufacture, and consensus standard
certificate for an aircraft in the lim- used;
ited category is entitled to the certifi- (2) State that the aircraft meets the
cate when— provisions of the identified consensus
(1) He shows that the aircraft has standard;
been previously issued a limited cat- (3) State that the aircraft conforms
egory type certificate and that the air- to the manufacturer’s design data,
craft conforms to that type certificate; using the manufacturer’s quality as-
and surance system that meets the identi-
(2) The FAA finds, after inspection fied consensus standard;
(including a flight check by the appli- (4) State that the manufacturer will
cant), that the aircraft is in a good make available to any interested per-
state of preservation and repair and is son the following documents that meet
in a condition for safe operation. the identified consensus standard:
165
§ 21.191 14 CFR Ch. I (1–1–17 Edition)
(i) The aircraft’s operating instruc- operations to show compliance with

tions. the airworthiness regulations including
(ii) The aircraft’s maintenance and flights to show compliance for issuance
inspection procedures. of type and supplemental type certifi-
(iii) The aircraft’s flight training cates, flights to substantiate major de-
supplement. sign changes, and flights to show com-
(5) State that the manufacturer will pliance with the function and reli-
monitor and correct safety-of-flight ability requirements of the regula-
issues through the issuance of safety tions.
directives and a continued airworthi-
(c) Crew training. Training of the ap-
ness system that meets the identified
plicant’s flight crews.
consensus standard;
(6) State that at the request of the (d) Exhibition. Exhibiting the air-
FAA, the manufacturer will provide craft’s flight capabilities, performance,
unrestricted access to its facilities; and or unusual characteristics at air shows,
(7) State that the manufacturer, in motion picture, television, and similar
accordance with a production accept- productions, and the maintenance of
ance test procedure that meets an ap- exhibition flight proficiency, including
plicable consensus standard has— (for persons exhibiting aircraft) flying
(i) Ground and flight tested the air- to and from such air shows and produc-
craft; tions.
(ii) Found the aircraft performance (e) Air racing. Participating in air
acceptable; and races, including (for such participants)
(iii) Determined that the aircraft is practicing for such air races and flying
in a condition for safe operation. to and from racing events.
(d) Light-sport aircraft manufactured (f) Market surveys. Use of aircraft for
outside the United States. For aircraft purposes of conducting market sur-
manufactured outside of the United veys, sales demonstrations, and cus-
States to be eligible for a special air- tomer crew training only as provided
worthiness certificate in the light- in § 21.195.
sport category, an applicant must meet
(g) Operating amateur-built aircraft.
the requirements of paragraph (b) of
Operating an aircraft the major por-
this section and provide to the FAA
tion of which has been fabricated and
evidence that—
assembled by persons who undertook
(1) The aircraft was manufactured in
a country with which the United States the construction project solely for
has a Bilateral Airworthiness Agree- their own education or recreation.
ment concerning airplanes or Bilateral (h) Operating primary kit-built aircraft.
Aviation Safety Agreement with asso- Operating a primary category aircraft
ciated Implementation Procedures for that meets the criteria of § 21.24(a)(1)
Airworthiness concerning airplanes, or that was assembled by a person from a
an equivalent airworthiness agree- kit manufactured by the holder of a
ment; and production certificate for that kit,
(2) The aircraft is eligible for an air- without the supervision and quality
worthiness certificate, flight author- control of the production certificate
ization, or other similar certification holder under § 21.184(a).
in its country of manufacture. (i) Operating light-sport aircraft. Oper-
[Amdt. 21–85, 69 FR 44862, July 27, 2004]
ating a light-sport aircraft that—
(1) Has not been issued a U.S. or for-
§ 21.191 Experimental certificates. eign airworthiness certificate and does
Experimental certificates are issued not meet the provisions of § 103.1 of this
for the following purposes: chapter. An experimental certificate
(a) Research and development. Testing will not be issued under this paragraph
new aircraft design concepts, new air- for these aircraft after January 31,
craft equipment, new aircraft installa- 2008;
tions, new aircraft operating tech- (2) Has been assembled—
niques, or new uses for aircraft. (i) From an aircraft kit for which the
(b) Showing compliance with regula- applicant can provide the information
tions. Conducting flight tests and other required by § 21.193(e); and
166
(ii) In accordance with manufacturing § 21.190(c)(7), the statement must

er’s assembly instructions that meet identify assembly instructions for the
an applicable consensus standard; or aircraft that meet an applicable con-
(3) Has been previously issued a spe- sensus standard.
cial airworthiness certificate in the (5) The aircraft’s flight training sup-
light-sport category under § 21.190. plement.
(6) In addition to paragraphs (e)(1)
[Amdt. 21–21, 38 FR 6858, May 7, 1968, as
amended by Amdt. 21–57, 49 FR 39651, Oct. 9, through (e)(5) of this section, for an
1984; Amdt. 21–70, 57 FR 41369, Sept. 9, 1992; aircraft kit manufactured outside of
Amdt. 21–85, 69 FR 44862, July 27, 2004; Amdt. the United States, evidence that the
21–85, 69 FR 53336, Sept. 1, 2004] aircraft kit was manufactured in a
country with which the United States
§ 21.193 Experimental certificates: gen- has a Bilateral Airworthiness Agree-
eral. ment concerning airplanes or a Bilat-
An applicant for an experimental cer- eral Aviation Safety Agreement with
tificate must submit the following in- associated Implementation Procedures
formation: for Airworthiness concerning airplanes,
(a) A statement, in a form and man- or an equivalent airworthiness agree-
ner prescribed by the FAA setting ment.
forth the purpose for which the aircraft [Doc. No. 5085, 29 FR 14569, Oct. 24, 1964, as
is to be used. amended by Amdt. 21–85, 69 FR 44862, July 27,
(b) Enough data (such as photo- 2004]
graphs) to identify the aircraft.
(c) Upon inspection of the aircraft, § 21.195 Experimental certificates: Air-
any pertinent information found nec- craft to be used for market surveys,
essary by the FAA to safeguard the sales demonstrations, and customer
general public. crew training.
(d) In the case of an aircraft to be (a) A manufacturer of aircraft manu-
used for experimental purposes— factured within the United States may
(1) The purpose of the experiment; apply for an experimental certificate
(2) The estimated time or number of for an aircraft that is to be used for
flights required for the experiment; market surveys, sales demonstrations,
(3) The areas over which the experi- or customer crew training.
ment will be conducted; and (b) A manufacturer of aircraft en-
(4) Except for aircraft converted from gines who has altered a type certifi-
a previously certificated type without cated aircraft by installing different
appreciable change in the external con- engines, manufactured by him within
figuration, three-view drawings or the United States, may apply for an ex-
three-view dimensioned photographs of perimental certificate for that aircraft
the aircraft. to be used for market surveys, sales
(e) In the case of a light-sport air- demonstrations, or customer crew
craft assembled from a kit to be cer- training, if the basic aircraft, before al-
tificated in accordance with teration, was type certificated in the
§ 21.191(i)(2), an applicant must provide normal, acrobatic, commuter, or trans-
the following: port category.
(1) Evidence that an aircraft of the (c) A person who has altered the de-
same make and model was manufac- sign of a type certificated aircraft may
tured and assembled by the aircraft kit apply for an experimental certificate
manufacturer and issued a special air- for the altered aircraft to be used for
worthiness certificate in the light- market surveys, sales demonstrations,
sport category. or customer crew training if the basic
(2) The aircraft’s operating instruc- aircraft, before alteration, was type
tions. certificated in the normal, utility, ac-
(3) The aircraft’s maintenance and robatic, or transport category.
inspection procedures. (d) An applicant for an experimental
(4) The manufacturer’s statement of certificate under this section is enti-
compliance for the aircraft kit used in tled to that certificate if, in addition
the aircraft assembly that meets to meeting the requirements of
§ 21.190(c), except that instead of meet- § 21.193—
167
§ 21.197 14 CFR Ch. I (1–1–17 Edition)
(1) He has established an inspection nance or alterations are to be per-

and maintenance program for the con- formed. The permit issued under this
tinued airworthiness of the aircraft; paragraph is an authorization, includ-
and ing conditions and limitations for
(2) The applicant shows that the air- flight, which is set forth in the certifi-
craft has been flown for at least 50 cate holder’s operations specifications.
hours, or for at least 5 hours if it is a The permit issued under this paragraph
type certificated aircraft which has may be issued to—
been modified. The FAA may reduce (1) Certificate holders authorized to
these operational requirements if the
conduct operations under part 119 of
applicant provides adequate justifica-
this chapter, that have an approved
tion.
program for continuing flight author-
[Amdt. 21–21, 33 FR 6858, May 7, 1968, as ization; or
amended by Amdt. 21–28, 35 FR 2818, Feb. 11, (2) Management specification holders
1970; Amdt. 21–57, 49 FR 39651, Oct. 9, 1984;
Amdt. 21–59, 52 FR 1836, Jan. 15, 1987; Amdt. authorized to conduct operations under
21–92, 74 FR 53389, Oct. 16, 2009] part 91, subpart K of this chapter for
those aircraft they operate and main-
§ 21.197 Special flight permits. tain under a continuous airworthiness
(a) A special flight permit may be maintenance program prescribed by
issued for an aircraft that may not cur- § 91.1411 of this chapter.
rently meet applicable airworthiness [Doc. No. 5085, 29 FR 14570, Oct. 24, 1964, as
requirements but is capable of safe amended by Amdt. 21–21, 33 FR 6859, May 7,
flight, for the following purposes: 1968; Amdt. 21–51, 45 FR 60170, Sept. 11, 1980;
(1) Flying the aircraft to a base Amdt. 21–54, 46 FR 37878, July 23, 1981; Amdt.
where repairs, alterations, or mainte- 21–79, 66 FR 21066, Apr. 27, 2001; Amdt. 21–84,
nance are to be performed, or to a 68 FR 54559, Sept. 17, 2003; Amdt. 21–87, 71 FR
point of storage. 536, Jan. 4, 2006; Amdt. 21–92, 74 FR 53389, Oct.
(2) Delivering or exporting the air- 16, 2009]
craft.
(3) Production flight testing new pro- § 21.199 Issue of special flight permits.
duction aircraft. (a) Except as provided in § 21.197(c),
(4) Evacuating aircraft from areas of an applicant for a special flight permit
impending danger. must submit a statement in a form and
(5) Conducting customer demonstra- manner prescribed by the FAA, indi-
tion flights in new production aircraft
cating—
that have satisfactorily completed pro-
(1) The purpose of the flight.
duction flight tests.
(b) A special flight permit may also (2) The proposed itinerary.
be issued to authorize the operation of (3) The crew required to operate the
an aircraft at a weight in excess of its aircraft and its equipment, e.g., pilot,
maximum certificated takeoff weight co-pilot, navigator, etc.
for flight beyond the normal range over (4) The ways, if any, in which the air-
water, or over land areas where ade- craft does not comply with the applica-
quate landing facilities or appropriate ble airworthiness requirements.
fuel is not available. The excess weight (5) Any restriction the applicant con-
that may be authorized under this siders necessary for safe operation of
paragraph is limited to the additional the aircraft.
fuel, fuel-carrying facilities, and navi- (6) Any other information considered
gation equipment necessary for the necessary by the FAA for the purpose
flight. of prescribing operating limitations.
(c) Upon application, as prescribed in
(b) The FAA may make, or require
§§ 91.1017 or 119.51 of this chapter, a spe-
the applicant to make appropriate in-
cial flight permit with a continuing au-
spections or tests necessary for safety.
thorization may be issued for aircraft
that may not meet applicable air- [Doc. No. 5085, 29 FR 14570, Oct. 24, 1964, as
worthiness requirements, but are capa- amended by Amdt. 21–21, 33 FR 6859, May 7,
ble of safe flight for the purpose of fly- 1968; Amdt. 21–22, 33 FR 11901, Aug. 22, 1968]
ing aircraft to a base where mainte-
168
Subpart I—Provisional § 21.217 Duration.

Airworthiness Certificates Unless sooner surrendered, super-
seded, revoked, or otherwise termi-
SOURCE: Docket No. 5085, 29 FR 14571, Oct. nated, provisional airworthiness cer-
24, 1964, unless otherwise noted. tificates are effective for the duration
of the corresponding provisional type
certificate, amendment to a provi-
This subpart prescribes procedural sional type certificate, or provisional
requirements for the issue of provi- amendment to the type certificate.
sional airworthiness certificates.
§ 21.219 Transferability.
§ 21.213 Eligibility.
(a) A manufacturer who is a United Class I provisional airworthiness cer-
States citizen may apply for a Class I tificates are not transferable. Class II
or Class II provisional airworthiness provisional airworthiness certificates
certificate for aircraft manufactured may be transferred to an air carrier eli-
by him within the U.S. gible to apply for a certificate under
(b) Any holder of an air carrier oper- § 21.213(b).
ating certificate under Part 121 of this
chapter who is a United States citizen § 21.221 Class I provisional airworthi-
may apply for a Class II provisional ness certificates.
airworthiness certificate for transport (a) Except as provided in § 21.225, an
category aircraft that meet either of applicant is entitled to a Class I provi-
the following: sional airworthiness certificate for an
(1) The aircraft has a current Class II aircraft for which a Class I provisional
provisional type certificate or an type certificate has been issued if—
amendment thereto. (1) He meets the eligibility require-
(2) The aircraft has a current provi-
ments of § 21.213 and he complies with
sional amendment to a type certificate
this section; and
that was preceded by a corresponding
Class II provisional type certificate. (2) The FAA finds that there is no
(c) An aircraft engine manufacturer feature, characteristic or condition of
who is a United States citizen and who the aircraft that would make the air-
has altered a type certificated aircraft craft unsafe when operated in accord-
by installing different type certificated ance with the limitations established
engines, manufactured by him within in §§ 21.81(e) and 91.317 of this sub-
the United States, may apply for a chapter.
Class I provisional airworthiness cer- (b) The manufacturer must hold a
tificate for that aircraft, if the basic provisional type certificate for the air-
aircraft, before alteration, was type craft.
certificated in the normal, utility, ac- (c) The manufacturer must submit a
robatic, commuter, or transport cat- statement that the aircraft conforms
egory. to the type design corresponding to the
[Doc. No. 5085, 29 FR 14571, Oct. 24, 1964, as provisional type certificate and has
amended by Amdt. 21–59, 52 FR 1836, Jan. 15, been found by him to be in safe oper-
1987; Amdt. 21–79, 66 FR 21066, Apr. 27, 2001] ating condition under all applicable
limitations.
§ 21.215 Application.
(d) The aircraft must be flown at
Applications for provisional air- least five hours by the manufacturer.
worthiness certificates must be sub- (e) The aircraft must be supplied
mitted to the Manufacturing Inspec- with a provisional aircraft flight man-
tion District Office in the geographic
ual or other document and appropriate
area in which the manufacturer or air
placards containing the limitations es-
carrier is located. The application
tablished by §§ 21.81(e) and 91.317.
must be accompanied by the pertinent
information specified in this subpart. [Doc. No. 5085, 29 FR 14571, Oct. 24, 1964, as
amended by Amdt. 21–66, 54 FR 34329, Aug. 18,
[Amdt. 21–67, 54 FR 39291, Sept. 25, 1989; 54 FR
52872, Dec. 22, 1989] 1989]
169
§ 21.223 14 CFR Ch. I (1–1–17 Edition)
§ 21.223 Class II provisional airworthi- the aircraft, as modified in accordance

ness certificates. with the provisionally amended type
(a) Except as provided in § 21.225, an certificate, that would make the air-
applicant is entitled to a Class II provi- craft unsafe when operated in accord-
sional airworthiness certificate for an ance with the applicable limitations
aircraft for which a Class II provisional established in §§ 21.85(g), 91.317, and
type certificate has been issued if— 121.207 of this chapter.
(1) He meets the eligibility require- (b) The applicant must show that the
ments of § 21.213 and he complies with modification was made under a quality
this section; and system adequate to ensure that the
(2) The FAA finds that there is no modification conforms to the provi-
feature, characteristic, or condition of sionally amended type certificate.
the aircraft that would make the air- (c) The applicant must submit a
craft unsafe when operated in accord- statement that the aircraft has been
ance with the limitations established found by him to be in a safe operating
in §§ 21.83(h), 91.317, and 121.207 of this condition under the applicable limita-
chapter. tions.
(b) The applicant must show that a (d) The aircraft must be flown at
Class II provisional type certificate for least five hours by the manufacturer.
the aircraft has been issued to the (e) The aircraft must be supplied
manufacturer.
with a provisional aircraft flight man-
(c) The applicant must submit a
ual or other document and appropriate
statement by the manufacturer that
placards containing the limitations re-
the aircraft has been manufactured
quired by §§ 21.85(g), 91.317, and 121.207
under a quality system adequate to en-
sure that the aircraft conforms to the of this chapter.
type design corresponding with the [Doc. No. 5085, 29 FR 14571, Oct. 24, 1964, as
provisional type certificate. amended by Amdt. 21–12, 31 FR 13389, Oct. 15,
(d) The applicant must submit a 1966; Amdt. 21–66, 54 FR 34329, Aug. 18, 1989;
statement that the aircraft has been Amdt. 21–92, 74 FR 53390, Oct. 16, 2009]
found by him to be in a safe operating
condition under the applicable limita- Subpart J [Reserved]
tions.
(e) The aircraft must be flown at
least five hours by the manufacturer.
Subpart K—Parts Manufacturer
(f) The aircraft must be supplied with Approvals
a provisional aircraft flight manual
containing the limitations established SOURCE: Docket No. FAA–2006–25877, Amdt.
by §§ 21.83(h), 91.317, and 121.207 of this 21–92, 74 FR 53390, Oct. 16, 2009, unless other-
chapter. wise noted.
[Doc. No. 5085, 29 FR 14571, Oct. 24, 1964, as § 21.301 Applicability.

1966; Amdt. 21–66, 54 FR 34329, Aug. 18, 1989; This subpart prescribes—
Amdt. 21–92, 74 FR 53390, Oct. 16, 2009] (a) Procedural requirements for
issuing PMAs; and
§ 21.225 Provisional airworthiness cer- (b) Rules governing holders of PMAs.
tificates corresponding with provi-
sional amendments to type certifi- § 21.303 Application.
cates.
(a) An applicant is entitled to a Class (a) The applicant for a PMA must
I or a Class II provisional airworthiness apply in a form and manner prescribed
certificate, for an aircraft, for which a by the FAA, and include the following:
provisional amendment to the type (1) The identity of the product on
certificate has been issued, if— which the article is to be installed.
(1) He meets the eligibility require- (2) The name and address of the man-
ments of § 21.213 and he complies with ufacturing facilities at which these ar-
this section; and ticles are to be manufactured.

(2) The FAA finds that there is no (3) The design of the article, which
feature, characteristic, or condition of consists of—
170
(i) Drawings and specifications nec- ducted under this part. The account-
essary to show the configuration of the able manager must confirm that the
article; and procedures described in the quality
(ii) Information on dimensions, mate- manual required by § 21.308 are in place
rials, and processes necessary to define and that the production approval hold-
the structural strength of the article. er satisfies the requirements of the ap-
(4) Test reports and computations plicable regulations of subchapter C,
necessary to show that the design of Aircraft. The accountable manager
the article meets the airworthiness re- must serve as the primary contact with
quirements of this subchapter. The test the FAA.
reports and computations must be ap-
[Doc. No. FAA–2013–0933, Amdt. 21–98, 80 FR
plicable to the product on which the 59031, Oct. 1, 2015]
article is to be installed, unless the ap-
plicant shows that the design of the ar- § 21.307 Quality system.
ticle is identical to the design of a arti-
cle that is covered under a type certifi- Each applicant for or holder of a
cate. If the design of the article was ob- PMA must establish a quality system
tained by a licensing agreement, the that meets the requirements of § 21.137.
applicant must provide evidence of § 21.308 Quality manual.
that agreement.
(5) An applicant for a PMA based on Each applicant for or holder of a
test reports and computations must PMA must provide a manual describing
provide a statement certifying that the its quality system to the FAA for ap-
applicant has complied with the air- proval. The manual must be in the
worthiness requirements of this sub- English language and retrievable in a
chapter. form acceptable to the FAA.
(b) Each applicant for a PMA must
§ 21.309 Location of or change to man-
make all inspections and tests nec- ufacturing facilities.
essary to determine—
(1) Compliance with the applicable (a) An applicant may obtain a PMA
airworthiness requirements; for manufacturing facilities located
(2) That materials conform to the outside of the United States if the FAA
specifications in the design; finds no undue burden in administering
(3) That the article conforms to its the applicable requirements of Title 49
approved design; and U.S.C. and this subchapter.
(4) That the manufacturing proc- (b) The PMA holder must obtain FAA
esses, construction, and assembly con- approval before making any changes to
form to those specified in the design. the location of any of its manufac-
turing facilities.
§ 21.305 Organization. (c) The PMA holder must imme-
(a) Each applicant for or holder of a diately notify the FAA, in writing, of
PMA must provide the FAA with a doc- any change to the manufacturing fa-
ument— cilities that may affect the inspection,
(1) Describing how its organization conformity, or airworthiness of its
will ensure compliance with the provi- PMA article.
sions of this subpart;
(2) Describing assigned responsibil- § 21.310 Inspections and tests.
ities, delegated authorities, and the (a) Each applicant for or holder of a
functional relationship of those respon- PMA must allow the FAA to inspect its
sible for quality to management and quality system, facilities, technical
other organizational components; and data, and any manufactured articles
(3) Identifying an accountable man- and witness any tests, including any
ager. inspections or tests at a supplier facil-
(b) The accountable manager speci- ity, necessary to determine compliance
fied in paragraph (a) of this section with this subchapter.
must be responsible within the appli- (b) Unless otherwise authorized by
cant’s or production approval holder’s the FAA, the applicant or holder—

organization for, and have authority (1) May not present any article to the
over, all production operations con- FAA for an inspection or test unless
171
§ 21.311 14 CFR Ch. I (1–1–17 Edition)
compliance with § 21.303(b)(2) through (h) Make available to the FAA infor-
(4) has been shown for that article; and mation regarding all delegation of au-
(2) May not make any change to an thority to suppliers.
article between the time that compli-
ance with § 21.303(b)(2) through (4) is § 21.319 Design changes.
shown for that article and the time (a) Classification of design changes. (1)
that the article is presented to the A ‘‘minor change’’ to the design of an
FAA for the inspection or test. article produced under a PMA is one
that has no appreciable effect on the
§ 21.311 Issuance. approval basis.
The FAA issues a PMA after finding (2) A ‘‘major change’’ to the design of
that the applicant complies with the an article produced under a PMA is any
requirements of this subpart and the change that is not minor.
design complies with the requirements (b) Approval of design changes. (1)
of this chapter applicable to the prod- Minor changes to the basic design of a
uct on which the article is to be in- PMA may be approved using a method
stalled. acceptable to the FAA.
(2) The PMA holder must obtain FAA
§ 21.313 Duration. approval of any major change before
A PMA is effective until surrendered, including it in the design of an article
withdrawn, or the FAA otherwise ter- produced under a PMA.
minates it.
§ 21.320 Changes in quality system.
§ 21.314 Transferability. After the issuance of a PMA—
The holder of a PMA may not trans- (a) Each change to the quality sys-
fer the PMA. tem is subject to review by the FAA;
and
§ 21.316 Responsibility of holder. (b) The holder of the PMA must im-
Each holder of a PMA must— mediately notify the FAA, in writing,
(a) Amend the document required by of any change that may affect the in-
§ 21.305 as necessary to reflect changes spection, conformity, or airworthiness
in the organization and provide these of its article.
amendments to the FAA;
(b) Maintain the quality system in Subpart L—Export Airworthiness
compliance with the data and proce- Approvals
dures approved for the PMA;
(c) Ensure that each PMA article SOURCE: Docket No. FAA–2006–25877, Amdt.
conforms to its approved design and is 21–92, 74 FR 53391, Oct. 16, 2009, unless other-
in a condition for safe operation; wise noted.
(d) Mark the PMA article for which
an approval has been issued. Marking § 21.321 Applicability.
must be in accordance with part 45 of This subpart prescribes—
this chapter, including any critical (a) Procedural requirements for
parts; issuing export airworthiness approvals;
(e) Identify any portion of the PMA and
article (e.g., sub-assemblies, component (b) Rules governing the holders of
parts, or replacement articles) that those approvals.
leave the manufacturer’s facility as
FAA approved with the manufacturer’s § 21.325 Export airworthiness approv-
part number and name, trademark, als.
symbol, or other FAA approved manu- (a) An export airworthiness approval
facturer’s identification; for an aircraft is issued in the form of
(f) Have access to design data nec- an export certificate of airworthiness.
essary to determine conformity and This certificate does not authorize op-
airworthiness for each article produced eration of that aircraft.
under the PMA; (b) The FAA prescribes the form and
(g) Retain each document granting manner in which an export airworthi-

PMA and make it available to the FAA ness approval for an aircraft engine,
upon request; and propeller, or article is issued.
172
(c) If the FAA finds no undue burden (b) A new aircraft engine, propeller,
in administering the applicable re- or article need not meet a requirement
quirements of Title 49 U.S.C. and this of paragraph (a) of this section if—
subchapter, an export airworthiness (1) The importing country or jurisdic-
approval may be issued for a product or tion accepts, in a form and manner ac-
article located outside of the United ceptable to the FAA, a deviation from
States. that requirement; and
(2) The export airworthiness approval
§ 21.327 Application.
lists as an exception any difference be-
Any person may apply for an export tween the aircraft engine, propeller, or
airworthiness approval. Each applicant article to be exported and its approved
must apply in a form and manner pre- design.
scribed by the FAA. (c) A person may obtain from the
FAA an export airworthiness approval
§ 21.329 Issuance of export certificates to export a used aircraft engine, pro-
of airworthiness.
peller, or article if it conforms to its
(a) A person may obtain from the approved design and is in a condition
FAA an export certificate of airworthi- for safe operation.
ness for an aircraft if— (d) A used aircraft engine or propeller
(1) A new or used aircraft manufac- need not meet a requirement of para-
tured under subpart F or G of this part graph (c) of this section if—
meets the airworthiness requirements (1) The importing country or jurisdic-
under subpart H of this part for a— tion accepts, in a form and manner ac-
(i) Standard airworthiness certifi- ceptable to the FAA, a deviation from
cate; or that requirement; and
(ii) Special airworthiness certificate (2) The export airworthiness approval
in either the ‘‘primary’’ or the ‘‘re- lists as an exception any difference be-
stricted’’ category; or tween the used aircraft engine or pro-
(2) A new or used aircraft not manu- peller to be exported and its approved
factured under subpart F or G of this design.
part has a valid—
(i) Standard airworthiness certifi- § 21.335 Responsibilities of exporters.
cate; or
(ii) Special airworthiness certificate Unless otherwise agreed to by the im-
in either the ‘‘primary’’ or the ‘‘reporting country or jurisdiction, each
stricted’’ category. exporter must—
(b) An aircraft need not meet a re- (a) Forward to the importing country
quirement specified in paragraph (a) of or jurisdiction all documents specified
this section, as applicable, if— by that country or jurisdiction;
(1) The importing country or jurisdic- (b) Preserve and package products
tion accepts, in a form and manner ac- and articles as necessary to protect
ceptable to the FAA, a deviation from them against corrosion and damage
that requirement; and during transit or storage and state the
(2) The export certificate of air- duration of effectiveness of such pres-
worthiness lists as an exception any ervation and packaging;
difference between the aircraft to be (c) Remove or cause to be removed
exported and its type design. any temporary installation incor-
porated on an aircraft for the purpose
§ 21.331 Issuance of export airworthi- of export delivery and restore the air-
ness approvals for aircraft engines, craft to the approved configuration
propellers, and articles. upon completion of the delivery flight;
(a) A person may obtain from the (d) Secure all proper foreign entry
FAA an export airworthiness approval clearances from all the countries or ju-
to export a new aircraft engine, pro- risdictions involved when conducting
peller, or article that is manufactured sales demonstrations or delivery
under this part if it conforms to its ap- flights; and

proved design and is in a condition for (e) When title to an aircraft passes or
safe operation. has passed to a foreign purchaser—
173
§ 21.500 14 CFR Ch. I (1–1–17 Edition)
(1) Request cancellation of the U.S. (a) That country or jurisdiction is

registration and airworthiness certifi- subject to the provisions of an agree-
cates from the FAA, giving the date of ment with the United States for the ac-
transfer of title, and the name and ad- ceptance of that article;
dress of the foreign owner; (b) That article is marked in accord-
(2) Return the Registration and Air- ance with part 45 of this chapter; and
worthiness Certificates to the FAA; (c) An export airworthiness approval
and has been issued in accordance with the
(3) Provide a statement to the FAA provisions of that agreement for that
certifying that the U.S. identification article for import into the United
and registration numbers have been re- States.
moved from the aircraft in compliance
with § 45.33.
Subpart O—Technical Standard
Subpart M [Reserved] Order Approvals
Subpart N—Acceptance of Air- SOURCE: Docket No. FAA–2006–25877, Amdt.

21–92, 74 FR 53392, Oct. 16, 2009, unless other-
craft Engines, Propellers, and wise noted.
Articles for Import
§ 21.601 Applicability and definitions.
SOURCE: Docket No. FAA–2006–25877, 74 FR (a) This subpart prescribes—
53392, Amdt. 21–92, Oct. 16, 2009, unless other-
wise noted. (1) Procedural requirements for
issuing TSO authorizations;
§ 21.500 Acceptance of aircraft engines (2) Rules governing the holders of
and propellers. TSO authorizations; and
An aircraft engine or propeller manu- (3) Procedural requirements for
factured in a foreign country or juris- issuing letters of TSO design approval.
diction meets the requirements for ac- (b) For the purposes of this subpart—
ceptance under this subchapter if— (1) A TSO issued by the FAA is a
(a) That country or jurisdiction is minimum performance standard for
subject to the provisions of an agree- specified articles used on civil aircraft;
ment with the United States for the ac- (2) A TSO authorization is an FAA
ceptance of that product; design and production approval issued
(b) That product is marked in accord- to the manufacturer of an article that
ance with part 45 of this chapter; and has been found to meet a specific TSO;
(c) The holder or licensee of a U.S. (3) A letter of TSO design approval is
type certificate for that product fur- an FAA design approval for an article
nishes with each such aircraft engine
that has been found to meet a specific
or propeller imported into the United
TSO in accordance with the procedures
States, an export airworthiness ap-
of § 21.621;
proval issued in accordance with the
provisions of that agreement certifying (4) An article manufactured under a
that the individual aircraft engine or TSO authorization, an FAA letter of
propeller— acceptance as described in § 21.613(b), or
(1) Conforms to its U.S. type certifi- an article manufactured under a letter
cate and is in condition for safe oper- of TSO design approval described in
ation; and § 21.621 is an approved article for the
(2) Has been subjected by the manu- purpose of meeting the regulations of
facturer to a final operational check. this chapter that require the article to
be approved; and
§ 21.502 Acceptance of articles. (5) An article manufacturer is the
An article (including an article pro- person who controls the design and
duced under a letter of TSO design ap- quality of the article produced (or to be
proval) manufactured in a foreign produced, in the case of an applica-
country or jurisdiction meets the re- tion), including any related parts, proc-
quirements for acceptance under this esses, or services procured from an out-
subchapter if— side source.
174
§ 21.603 Application. and that the production approval hold-

(a) An applicant for a TSO authoriza- er satisfies the requirements of the ap-
tion must apply to the appropriate air- plicable regulations of subchapter C,
craft certification office in the form Aircraft. The accountable manager
and manner prescribed by the FAA. must serve as the primary contact with
The applicant must include the fol- the FAA.
lowing documents in the application: [Doc. No. FAA–2013–0933, Amdt. 21–98, 80 FR
(1) A statement of conformance certi- 59032, Oct. 1, 2015]
fying that the applicant has met the
requirements of this subpart and that § 21.607 Quality system.
the article concerned meets the appli- Each applicant for or holder of a TSO
cable TSO that is effective on the date authorization must establish a quality
of application for that article. system that meets the requirements of
(2) One copy of the technical data re- § 21.137.
quired in the applicable TSO.
(b) If the applicant anticipates a se- § 21.608 Quality manual.
ries of minor changes in accordance Each applicant for or holder of a TSO
with § 21.619, the applicant may set
authorization must provide a manual
forth in its application the basic model
describing its quality system to the
number of the article and the part
FAA for approval. The manual must be
number of the components with open
in the English language and retrievable
brackets after it to denote that suffix
in a form acceptable to the FAA.
change letters or numbers (or combina-
tions of them) will be added from time § 21.609 Location of or change to man-
to time. ufacturing facilities.
(c) If the application is deficient, the
applicant must, when requested by the (a) An applicant may obtain a TSO
FAA, provide any additional informa- authorization for manufacturing facili-
tion necessary to show compliance ties located outside of the United
with this part. If the applicant fails to States if the FAA finds no undue bur-
provide the additional information den in administering the applicable re-
within 30 days after the FAA’s request, quirements of Title 49 U.S.C. and this
the FAA denies the application and no- subchapter.
tifies the applicant. (b) The TSO authorization holder
must obtain FAA approval before mak-
§ 21.605 Organization. ing any changes to the location of any
(a) Each applicant for or holder of a of its manufacturing facilities.
TSO authorization must provide the (c) The TSO authorization holder
FAA with a document— must immediately notify the FAA, in
(1) Describing how its organization writing, of any change to the manufac-
will ensure compliance with the provi- turing facilities that may affect the in-
sions of this subpart; spection, conformity, or airworthiness
(2) Describing assigned responsibil- of its product or article.
ities, delegated authorities, and the
§ 21.610 Inspections and tests.
functional relationship of those respon-
sible for quality to management and Each applicant for or holder of a TSO
other organizational components; and authorization must allow the FAA to
(3) Identifying an accountable man- inspect its quality system, facilities,
ager. technical data, and any manufactured
(b) The accountable manager speci- articles and witness any tests, includ-
fied in paragraph (a) of this section ing any inspections or tests at a sup-
must be responsible within the appli- plier facility, necessary to determine
cant’s or production approval holder’s compliance with this subchapter.
organization for, and have authority
over, all production operations con- § 21.611 Issuance.
ducted under this part. The account- If the FAA finds that the applicant
able manager must confirm that the complies with the requirements of this
procedures described in the quality subchapter, the FAA issues a TSO au-
manual required by § 21.608 are in place thorization to the applicant (including
175
§ 21.613 14 CFR Ch. I (1–1–17 Edition)
all TSO deviations granted to the ap- that time, copies of the data must be
plicant). sent to the FAA;
(g) Retain its TSO authorization and
§ 21.613 Duration. make it available to the FAA upon re-
(a) A TSO authorization or letter of quest; and
TSO design approval is effective until (h) Make available to the FAA infor-
surrendered, withdrawn, or otherwise mation regarding all delegation of au-
terminated by the FAA. thority to suppliers.
(b) If a TSO is revised or canceled,
the holder of an affected FAA letter of § 21.618 Approval for deviation.
acceptance of a statement of conform- (a) Each manufacturer who requests
ance, TSO authorization, or letter of approval to deviate from any perform-
TSO design approval may continue to ance standard of a TSO must show that
manufacture articles that meet the factors or design features providing an
original TSO without obtaining a new equivalent level of safety compensate
acceptance, authorization, or approval for the standards from which a devi-
but must comply with the require- ation is requested.
ments of this chapter. (b) The manufacturer must send re-
quests for approval to deviate, together
§ 21.614 Transferability. with all pertinent data, to the appro-
The holder of a TSO authorization or priate aircraft certification office. If
letter of TSO design approval may not the article is manufactured under the
transfer the TSO authorization or let- authority of a foreign country or juris-
ter of TSO design approval. diction, the manufacturer must send
requests for approval to deviate, to-
§ 21.616 Responsibility of holder. gether with all pertinent data, through
Each holder of a TSO authorization the civil aviation authority of that
must— country or jurisdiction to the FAA.
(a) Amend the document required by
§ 21.605 as necessary to reflect changes § 21.619 Design changes.
in the organization and provide these (a) Minor changes by the manufacturer
amendments to the FAA. holding a TSO authorization. The manu-
(b) Maintain a quality system in facturer of an article under an author-
compliance with the data and proce- ization issued under this part may
dures approved for the TSO authoriza- make minor design changes (any
tion; change other than a major change)
(c) Ensure that each manufactured without further approval by the FAA.
article conforms to its approved design, In this case, the changed article keeps
is in a condition for safe operation, and the original model number (part num-
meets the applicable TSO; bers may be used to identify minor
(d) Mark the TSO article for which changes) and the manufacturer must
an approval has been issued. Marking forward to the appropriate aircraft cer-
must be in accordance with part 45 of tification office, any revised data that
this chapter, including any critical are necessary for compliance with
parts; § 21.603(b).
(e) Identify any portion of the TSO (b) Major changes by the manufacturer
article (e.g., sub-assemblies, compo- holding a TSO authorization. Any design
nent parts, or replacement articles) change by the manufacturer extensive
that leave the manufacturer’s facility enough to require a substantially com-
as FAA approved with the manufactur- plete investigation to determine com-
er’s part number and name, trademark, pliance with a TSO is a major change.
symbol, or other FAA approved manu- Before making a major change, the
facturer’s identification; manufacturer must assign a new type
(f) Have access to design data nec- or model designation to the article and
essary to determine conformity and apply for an authorization under
airworthiness for each article produced § 21.603.
under the TSO authorization. The man- (c) Changes by persons other than the
ufacturer must retain this data until it manufacturer. No design change by any
no longer manufactures the article. At person (other than the manufacturer
176
who provided the statement of con- Subpart P—Special Federal

formance for the article) is eligible for Aviation Regulations
approval under this part unless the per-
son seeking the approval is a manufac- SOURCE: Docket No. FAA–2011–0186, Amdt.
turer and applies under § 21.603(a) for a 21–92, 76 FR 12555, Mar. 8, 2011, unless other-
separate TSO authorization. Persons wise noted.
other than a manufacturer may obtain
approval for design changes under part § 21.700 SFAR No. 111—Lavatory Oxy-
43 or under the applicable airworthi- gen Systems.
ness regulations of this chapter. The requirements of § 121.1500 of this
chapter also apply to this part.
§ 21.620 Changes in quality system.
After the issuance of a TSO author- PART 23—AIRWORTHINESS STAND-
ization— ARDS: NORMAL, UTILITY, ACRO-
(a) Each change to the quality sys- BATIC, AND COMMUTER CAT-
tem is subject to review by the FAA; EGORY AIRPLANES
and
(b) The holder of the TSO authoriza- SPECIAL FEDERAL AVIATION REGULATION NO.
tion must immediately notify the FAA, 23
in writing, of any change that may af-
Subpart A—General
fect the inspection, conformity, or air-
worthiness of its article. Sec.
23.1 Applicability.
§ 21.621 Issue of letters of TSO design 23.2 Special retroactive requirements.
approval: Import articles. 23.3 Airplane categories.
(a) The FAA may issue a letter of Subpart B—Flight

TSO design approval for an article—
GENERAL
(1) Designed and manufactured in a
foreign country or jurisdiction subject 23.21 Proof of compliance.
to the export provisions of an agree- 23.23 Load distribution limits.
23.25 Weight limits.
ment with the United States for the ac- 23.29 Empty weight and corresponding cen-
ceptance of these articles for import; ter of gravity.
and 23.31 Removable ballast.
(2) For import into the United States 23.33 Propeller speed and pitch limits.
if— PERFORMANCE
(i) The State of Design certifies that
23.45 General.
the article has been examined, tested, 23.49 Stalling speed.
and found to meet the applicable TSO 23.51 Takeoff speeds.
or the applicable performance stand- 23.53 Takeoff performance.
ards of the State of Design and any 23.55 Accelerate-stop distance.
23.57 Takeoff path.
other performance standards the FAA
23.59 Takeoff distance and takeoff run.
may prescribe to provide a level of 23.61 Takeoff flight path.
safety equivalent to that provided by 23.63 Climb: General.
the TSO; and 23.65 Climb: All engines operating.
(ii) The manufacturer has provided to 23.66 Takeoff climb: One-engine inoperative.
23.67 Climb: One engine inoperative.
the FAA one copy of the technical data 23.69 Enroute climb/descent.
required in the applicable performance 23.71 Glide: Single-engine airplanes.
standard through its State of Design. 23.73 Reference landing approach speed.
(b) The FAA issues the letter of TSO 23.75 Landing distance.
design approval that lists any devi- 23.77 Balked landing.
ation granted under § 21.618. FLIGHT CHARACTERISTICS
[Doc. No. FAA–2006–25877, Amdt. 21–92, 74 FR 23.141 General.
53392, Oct. 16, 2009, as amended by Amdt. 21–

92A, 75 FR 9095, Mar. 1, 2010] CONTROLLABILITY AND MANEUVERABILITY
23.143 General.
23.145 Longitudinal control.
177
23.147 Directional and lateral control. 23.365 Pressurized cabin loads.
23.149 Minimum control speed. 23.367 Unsymmetrical loads due to engine
23.151 Acrobatic maneuvers. failure.
23.153 Control during landings. 23.369 Rear lift truss.
23.155 Elevator control force in maneuvers. 23.371 Gyroscopic and aerodynamic loads.
23.157 Rate of roll. 23.373 Speed control devices.
TRIM CONTROL SURFACE AND SYSTEM LOADS
23.161 Trim. 23.391 Control surface loads.
23.393 Loads parallel to hinge line.
STABILITY 23.395 Control system loads.
23.171 General. 23.397 Limit control forces and torques.
23.173 Static longitudinal stability. 23.399 Dual control system.
23.175 Demonstration of static longitudinal 23.405 Secondary control system.
stability. 23.407 Trim tab effects.
23.177 Static directional and lateral sta- 23.409 Tabs.
bility. 23.415 Ground gust conditions.
23.181 Dynamic stability.
HORIZONTAL STABILIZING AND BALANCING
STALLS SURFACES
23.201 Wings level stall. 23.421 Balancing loads.
23.203 Turning flight and accelerated turn- 23.423 Maneuvering loads.
ing stalls. 23.425 Gust loads.
23.207 Stall warning. 23.427 Unsymmetrical loads.
SPINNING VERTICAL SURFACES

23.221 Spinning. 23.441 Maneuvering loads.
23.443 Gust loads.
GROUND AND WATER HANDLING 23.445 Outboard fins or winglets.
CHARACTERISTICS
AILERONS AND SPECIAL DEVICES
23.231 Longitudinal stability and control.
23.233 Directional stability and control. 23.455 Ailerons.
23.235 Operation on unpaved surfaces. 23.459 Special devices.
23.237 Operation on water.
23.239 Spray characteristics. GROUND LOADS
23.471 General.
MISCELLANEOUS FLIGHT REQUIREMENTS
23.473 Ground load conditions and assump-
23.251 Vibration and buffeting. tions.
23.253 High speed characteristics. 23.477 Landing gear arrangement.
23.255 Out of trim characteristics. 23.479 Level landing conditions.
23.481 Tail down landing conditions.
Subpart C—Structure 23.483 One-wheel landing conditions.
23.485 Side load conditions.
GENERAL 23.493 Braked roll conditions.
23.301 Loads. 23.497 Supplementary conditions for tail
23.302 Canard or tandem wing configura- wheels.
tions. 23.499 Supplementary conditions for nose
23.303 Factor of safety. wheels.
23.305 Strength and deformation. 23.505 Supplementary conditions for ski-
23.307 Proof of structure. planes.
23.507 Jacking loads.
FLIGHT LOADS 23.509 Towing loads.
23.321 General. 23.511 Ground load; unsymmetrical loads on
23.331 Symmetrical flight conditions. multiple-wheel units.
23.333 Flight envelope. WATER LOADS
23.335 Design airspeeds.
23.337 Limit maneuvering load factors. 23.521 Water load conditions.
23.341 Gust loads factors. 23.523 Design weights and center of gravity
23.343 Design fuel loads. positions.
23.345 High lift devices. 23.525 Application of loads.
23.347 Unsymmetrical flight conditions. 23.527 Hull and main float load factors.
23.349 Rolling conditions. 23.529 Hull and main float landing condi-
23.351 Yawing conditions. tions.
23.361 Engine torque. 23.531 Hull and main float takeoff condi-
23.363 Side load on engine mount. tion.
178
23.533 Hull and main float bottom pressures. LANDING GEAR
23.535 Auxiliary float loads.
23.721 General.
23.537 Seawing loads.
23.723 Shock absorption tests.
EMERGENCY LANDING CONDITIONS 23.725 Limit drop tests.
23.726 Ground load dynamic tests.
23.561 General. 23.727 Reserve energy absorption drop test.
23.562 Emergency landing dynamic condi- 23.729 Landing gear extension and retrac-
tions. tion system.
23.731 Wheels.
FATIGUE EVALUATION 23.733 Tires.
23.571 Metallic pressurized cabin structures. 23.735 Brakes.
23.572 Metallic wing, empennage, and asso- 23.737 Skis.
ciated structures. 23.745 Nose/tail wheel steering.
23.573 Damage tolerance and fatigue evalua-
FLOATS AND HULLS
tion of structure.
23.574 Metallic damage tolerance and fa- 23.751 Main float buoyancy.
tigue evaluation of commuter category 23.753 Main float design.
airplanes. 23.755 Hulls.
23.575 Inspections and other procedures. 23.757 Auxiliary floats.
Subpart D—Design and Construction PERSONNEL AND CARGO ACCOMMODATIONS

23.771 Pilot compartment.
23.601 General. 23.773 Pilot compartment view.
23.603 Materials and workmanship. 23.775 Windshields and windows.
23.605 Fabrication methods. 23.777 Cockpit controls.
23.607 Fasteners. 23.779 Motion and effect of cockpit controls.
23.609 Protection of structure. 23.781 Cockpit control knob shape.
23.611 Accessibility provisions. 23.783 Doors.
23.613 Material strength properties and de- 23.785 Seats, berths, litters, safety belts,
sign values. and shoulder harnesses.
23.619 Special factors. 23.787 Baggage and cargo compartments.
23.621 Casting factors. 23.791 Passenger information signs.
23.623 Bearing factors. 23.803 Emergency evacuation.
23.625 Fitting factors. 23.805 Flightcrew emergency exits.
23.627 Fatigue strength. 23.807 Emergency exits.
23.629 Flutter. 23.811 Emergency exit marking.
23.812 Emergency lighting.
WINGS 23.813 Emergency exit access.
23.641 Proof of strength. 23.815 Width of aisle.
23.831 Ventilation.
CONTROL SURFACES
PRESSURIZATION
23.651 Proof of strength.
23.655 Installation. 23.841 Pressurized cabins.
23.657 Hinges. 23.843 Pressurization tests.
23.659 Mass balance. FIRE PROTECTION
CONTROL SYSTEMS 23.851 Fire extinguishers.
23.671 General. 23.853 Passenger and crew compartment in-
23.672 Stability augmentation and auto- teriors.
matic and power-operated systems. 23.855 Cargo and baggage compartment fire
23.673 Primary flight controls. protection.
23.675 Stops. 23.856 Thermal/acoustic insulation mate-
23.677 Trim systems. rials.
23.679 Control system locks. 23.859 Combustion heater fire protection.
23.863 Flammable fluid fire protection.
23.681 Limit load static tests.
23.865 Fire protection of flight controls, en-
23.683 Operation tests.
gine mounts, and other flight structure.
23.685 Control system details.
23.687 Spring devices. ELECTRICAL BONDING AND LIGHTNING
23.689 Cable systems. PROTECTION
23.691 Artificial stall barrier system.
23.693 Joints. 23.867 Electrical bonding and protection
23.697 Wing flap controls. against lightning and static electricity.

23.699 Wing flap position indicator.
MISCELLANEOUS
23.701 Flap interconnection.
23.703 Takeoff warning system. 23.871 Leveling means.
179
Subpart E—Powerplant LIQUID COOLING
GENERAL 23.1061 Installation.

23.1063 Coolant tank tests.
23.901 Installation.
23.903 Engines. INDUCTION SYSTEM
23.904 Automatic power reserve system. 23.1091 Air induction system.
23.905 Propellers. 23.1093 Induction system icing protection.
23.907 Propeller vibration and fatigue. 23.1095 Carburetor deicing fluid flow rate.
23.909 Turbocharger systems. 23.1097 Carburetor deicing fluid system ca-
23.925 Propeller clearance. pacity.
23.929 Engine installation ice protection. 23.1099 Carburetor deicing fluid system de-
23.933 Reversing systems. tail design.
23.934 Turbojet and turbofan engine thrust 23.1101 Induction air preheater design.
reverser systems tests. 23.1103 Induction system ducts.
23.937 Turbopropeller-drag limiting sys- 23.1105 Induction system screens.
tems. 23.1107 Induction system filters.
23.939 Powerplant operating characteristics. 23.1109 Turbocharger bleed air system.
23.943 Negative acceleration. 23.1111 Turbine engine bleed air system.
FUEL SYSTEM EXHAUST SYSTEM

23.951 General. 23.1121 General.
23.953 Fuel system independence. 23.1123 Exhaust system.
23.954 Fuel system lightning protection. 23.1125 Exhaust heat exchangers.
23.955 Fuel flow. POWERPLANT CONTROLS AND ACCESSORIES
23.957 Flow between interconnected tanks.
23.959 Unusable fuel supply. 23.1141 Powerplant controls: General.
23.961 Fuel system hot weather operation. 23.1142 Auxiliary power unit controls.
23.963 Fuel tanks: General. 23.1143 Engine controls.
23.965 Fuel tank tests. 23.1145 Ignition switches.
23.967 Fuel tank installation. 23.1147 Mixture controls.
23.969 Fuel tank expansion space. 23.1149 Propeller speed and pitch controls.
23.971 Fuel tank sump. 23.1153 Propeller feathering controls.
23.973 Fuel tank filler connection. 23.1155 Turbine engine reverse thrust and
23.975 Fuel tank vents and carburetor vapor propeller pitch settings below the flight
vents. regime.
23.977 Fuel tank outlet. 23.1157 Carburetor air temperature controls.
23.1163 Powerplant accessories.
23.979 Pressure fueling systems.
23.1165 Engine ignition systems.
FUEL SYSTEM COMPONENTS
POWERPLANT FIRE PROTECTION
23.991 Fuel pumps.
23.1181 Designated fire zones; regions in-
23.993 Fuel system lines and fittings.
cluded.
23.994 Fuel system components.
23.1182 Nacelle areas behind firewalls.
23.995 Fuel valves and controls.
23.1183 Lines, fittings, and components.
23.997 Fuel strainer or filter.
23.1189 Shutoff means.
23.999 Fuel system drains.
23.1191 Firewalls.
23.1001 Fuel jettisoning system. 23.1192 Engine accessory compartment dia-
OIL SYSTEM phragm.
23.1193 Cowling and nacelle.
23.1011 General. 23.1195 Fire extinguishing systems.
23.1013 Oil tanks. 23.1197 Fire extinguishing agents.
23.1015 Oil tank tests. 23.1199 Extinguishing agent containers.
23.1017 Oil lines and fittings. 23.1201 Fire extinguishing systems mate-
23.1019 Oil strainer or filter. rials.
23.1021 Oil system drains. 23.1203 Fire detector system.
23.1023 Oil radiators.
23.1027 Propeller feathering system. Subpart F—Equipment
COOLING GENERAL
23.1041 General. 23.1301 Function and installation.
23.1043 Cooling tests. 23.1303 Flight and navigation instruments.
23.1045 Cooling test procedures for turbine 23.1305 Powerplant instruments.

engine powered airplanes. 23.1306 Electrical and electronic system
23.1047 Cooling test procedures for recipro- lightning protection.
cating engine powered airplanes. 23.1307 Miscellaneous equipment.
180
23.1308 High-intensity Radiated Fields 23.1443 Minimum mass flow of supplemental
(HIRF) Protection. oxygen.
23.1309 Equipment, systems, and installa- 23.1445 Oxygen distribution system.
tions. 23.1447 Equipment standards for oxygen dis-
23.1310 Power source capacity and distribu- pensing units.
tion. 23.1449 Means for determining use of oxy-
gen.
INSTRUMENTS: INSTALLATION 23.1450 Chemical oxygen generators.
23.1311 Electronic display instrument sys- 23.1451 Fire protection for oxygen equip-
tems. ment.
23.1453 Protection of oxygen equipment
23.1321 Arrangement and visibility.
from rupture.
23.1322 Warning, caution, and advisory
23.1457 Cockpit voice recorders.
lights.
23.1459 Flight data recorders.
23.1323 Airspeed indicating system.
23.1461 Equipment containing high energy
23.1325 Static pressure system. rotors.
23.1326 Pitot heat indication systems.
23.1327 Magnetic direction indicator. Subpart G—Operating Limitations and
23.1329 Automatic pilot system.
23.1331 Instruments using a power source.
Information
23.1335 Flight director systems. 23.1501 General.
23.1337 Powerplant instruments installa- 23.1505 Airspeed limitations.
tion. 23.1507 Operating maneuvering speed.
23.1511 Flap extended speed.
ELECTRICAL SYSTEMS AND EQUIPMENT 23.1513 Minimum control speed.
23.1351 General. 23.1519 Weight and center of gravity.
23.1353 Storage battery design and installa- 23.1521 Powerplant limitations.
tion. 23.1522 Auxiliary power unit limitations.
23.1357 Circuit protective devices. 23.1523 Minimum flight crew.
23.1359 Electrical system fire protection. 23.1524 Maximum passenger seating configu-
23.1361 Master switch arrangement. ration.
23.1365 Electric cables and equipment. 23.1525 Kinds of operation.
23.1367 Switches. 23.1527 Maximum operating altitude.
23.1529 Instructions for Continued Air-
LIGHTS worthiness.
23.1381 Instrument lights. MARKINGS AND PLACARDS
23.1383 Taxi and landing lights.
23.1385 Position light system installation. 23.1541 General.
23.1387 Position light system dihedral an- 23.1543 Instrument markings: General.
gles. 23.1545 Airspeed indicator.
23.1547 Magnetic direction indicator.
23.1389 Position light distribution and in-
23.1549 Powerplant and auxiliary power unit
tensities.
instruments.
23.1391 Minimum intensities in the hori-
23.1551 Oil quantity indicator.
zontal plane of position lights.
23.1553 Fuel quantity indicator.
23.1393 Minimum intensities in any vertical
23.1555 Control markings.
plane of position lights. 23.1557 Miscellaneous markings and plac-
23.1395 Maximum intensities in overlapping ards.
beams of position lights. 23.1559 Operating limitations placard.
23.1397 Color specifications. 23.1561 Safety equipment.
23.1399 Riding light. 23.1563 Airspeed placards.
23.1401 Anticollision light system. 23.1567 Flight maneuver placard.
SAFETY EQUIPMENT AIRPLANE FLIGHT MANUAL AND APPROVED
23.1411 General. MANUAL MATERIAL
23.1415 Ditching equipment. 23.1581 General.
23.1416 Pneumatic de-icer boot system. 23.1583 Operating limitations.
23.1419 Ice protection. 23.1585 Operating procedures.
23.1587 Performance information.
MISCELLANEOUS EQUIPMENT
23.1589 Loading information.
23.1431 Electronic equipment. APPENDIX A TO PART 23—SIMPLIFIED DESIGN
23.1435 Hydraulic systems. LOAD CRITERIA
23.1437 Accessories for multiengine air- APPENDIX B TO PART 23 [RESERVED]
planes. APPENDIX C TO PART 23—BASIC LANDING CON-

23.1438 Pressurization and pneumatic sys- DITIONS
tems. APPENDIX D TO PART 23—WHEEL SPIN-UP AND
23.1441 Oxygen equipment and supply. SPRING-BACK LOADS
181
Pt. 23, SFAR No. 23 14 CFR Ch. I (1–1–17 Edition)
APPENDIX E TO PART 23 [RESERVED] to engine power or thrust, not exceeding the
APPENDIX F TO PART 23—TEST PROCEDURE approved power or thrust less—
APPENDIX G TO PART 23—INSTRUCTIONS FOR (1) Installation losses; and
CONTINUED AIRWORTHINESS (2) The power or equivalent thrust ab-
APPENDIX H TO PART 23—INSTALLATION OF AN sorbed by the accessories and services appro-
AUTOMATIC POWER RESERVE (APR) SYS- priate to the particular ambient atmospheric
TEM conditions and the particular flight condi-
APPENDIX I TO PART 23—SEAPLANE LOADS tion.
APPENDIX J TO PART 23—HIRF ENVIRONMENTS (c) Unless otherwise prescribed in this reg-
AND EQUIPMENT HIRF TEST LEVELS ulation, the applicant must select the take-
off, en route, and landing configurations for
AUTHORITY: 49 U.S.C. 106(g), 40113, 44701– the airplane.
44702, 44704. (d) The airplane configuration may vary
EFFECTIVE DATE NOTE: At 81 FR 90169, Dec. with weight, altitude, and temperature, to
13, 2016, the authority citation for Part 23 the extent they are compatible with the op-
was revised, effective Mar. 13, 2017. For the erating procedures required by paragraph (e)
convenience of the user, the revised text is of this section.
set forth as follows: (e) Unless otherwise prescribed in this reg-
AUTHORITY: 49 U.S.C. 106(f), 106(g), 40113, ulation, in determining the critical engine
44701–44702, 44704. inoperative takeoff performance, the accel-
erate-stop distance, takeoff distance,
SOURCE: Docket No. 4080, 29 FR 17955, Dec. changes in the airplane’s configuration,
18, 1964; 30 FR 258, Jan. 9, 1965, unless other- speed, power, and thrust, must be made in
wise noted. accordance with procedures established by
the applicant for operation in service.
SPECIAL FEDERAL AVIATION REGULATION (f) Procedures for the execution of balked
NO. 23 landings must be established by the appli-
cant and included in the Airplane Flight
1. Applicability. An applicant is entitled to Manual.
a type certificate in the normal category for
(g) The procedures established under para-
a reciprocating or turbopropeller multien-
graphs (e) and (f) of this section must—
gine powered small airplane that is to be cer-
(1) Be able to be consistently executed in
tificated to carry more than 10 occupants
service by a crew of average skill;
and that is intended for use in operations
(2) Use methods or devices that are safe
under Part 135 of the Federal Aviation Regu-
and reliable; and
lations if he shows compliance with the ap-
(3) Include allowance for any time delays,
plicable requirements of Part 23 of the Fed-
in the execution of the procedures, that may
eral Aviation Regulations, as supplemented
reasonably be expected in service.
or modified by the additional airworthiness
5. Takeoff—(a) General. The takeoff speeds
requirements of this regulation.
described in paragraph (b), the accelerate-
2. References. Unless otherwise provided, all
stop distance described in paragraph (c), and
references in this regulation to specific sec-
the takeoff distance described in paragraph
tions of Part 23 of the Federal Aviation Reg-
(d), must be determined for—
ulations are those sections of Part 23 in ef-
(1) Each weight, altitude, and ambient
fect on March 30, 1967.
temperature within the operational limits
FLIGHT REQUIREMENTS selected by the applicant;
(2) The selected configuration for takeoff;
3. General. Compliance must be shown with (3) The center of gravity in the most unfa-
the applicable requirements of Subpart B of vorable position;
Part 23 of the Federal Aviation Regulations (4) The operating engine within approved
in effect on March 30, 1967, as supplemented operating limitation; and
or modified in sections 4 through 10 of this (5) Takeoff data based on smooth, dry,
regulation. hard-surface runway.
(b) Takeoff speeds. (1) The decision speed V1
PERFORMANCE
is the calibrated airspeed on the ground at
4. General. (a) Unless otherwise prescribed which, as a result of engine failure or other
in this regulation, compliance with each ap- reasons, the pilot is assumed to have made a
plicable performance requirement in sections decision to continue or discontinue the take-
4 through 7 of this regulation must be shown off. The speed V1 must be selected by the ap-
for ambient atmospheric conditions and still plicant but may not be less than—
air. (i) 1.10 Vs1;
(b) The performance must correspond to (ii) 1.10 VMC;
the propulsive thrust available under the (iii) A speed that permits acceleration to
particular ambient atmospheric conditions V1 and stop in accordance with paragraph (c)
and the particular flight condition. The allowing credit for an overrun distance equal
available propulsive thrust must correspond to that required to stop the airplane from a
182
ground speed of 35 knots utilizing maximum (1) The engines at the power that is avail-
braking; or able 8 seconds after initiation of movement
(iv) A speed at which the airplane can be of the power or thrust controls from the
rotated for takeoff and shown to be adequate mimimum flight idle to the takeoff position.
to safely continue the takeoff, using normal (2) A climb speed not greater than the ap-
piloting skill, when the critical engine is proach speed established under section 7 of
suddenly made inoperative. this regulation and not less than the greater
(2) Other essential takeoff speeds necessary of 1.05MC or 1.10VS1.
for safe operation of the airplane must be de- (b) En route climb, one-engine-inoperative. (1)
termined and shown in the Airplane Flight the maximum weight must be determined
Manual. with the airplane in the en route configura-
(c) Accelerate-stop distance. (1) The accel- tion, the critical engine inoperative, the re-
erate-stop distance is the sum of the dis- maining engine at not more than maximum
tances necessary to— continuous power or thrust, and the most
(i) Accelerate the airplane from a standing unfavorable center of gravity, at which the
start to V1; and gradient at climb will be not less than—
(ii) Decelerate the airplane from V1 to a (i) 1.2 percent (or a gradient equivalent to
speed not greater than 35 knots, assuming 0.20 Vso2, if greater) at 5,000 feet and an ambi-
that in the case of engine failure, failure of ent temperature of 41 °F. or
the critical engine is recognized by the pilot (ii) 0.6 percent (or a gradient equivalent to
at the speed V1. The landing gear must re-
0.01 Vso2, if greater) at 5,000 feet and ambient
main in the extended position and maximum
temperature of 81 °F.
braking may be utilized during deceleration.
(2) The minimum climb gradient specified
(2) Means other than wheel brakes may be
in subdivisions (i) and (ii) of subparagraph (1)
used to determine the accelerate-stop dis-
of this paragraph must vary linearly between
tance if that means is available with the
critical engine inoperative and— 41 °F. and 81 °F. and must change at the same
rate up to the maximum operational tem-
(i) Is safe and reliable;
perature approved for the airplane.
(ii) Is used so that consistent results can
be expected under normal operating condi- 7. Landing. The landing distance must be
tions; and determined for standard atmosphere at each
(iii) Is such that exceptional skill is not re- weight and altitude in accordance with FAR
quired to control the airplane. 23.75(a), except that instead of the gliding ap-
(d) All engines operating takeoff distance. proach specified in FAR 23.75(a)(1), the land-
The all engine operating takeoff distance is ing may be preceded by a steady approach
the horizontal distance required to takeoff down to the 50-foot height at a gradient of
and climb to a height of 50 feet above the descent not greater than 5.2 percent (3°) at a
takeoff surface according to procedures in calibrated airspeed not less than 1.3s1.
FAR 23.51(a).
TRIM
(e) One-engine-inoperative takeoff. The max-
imum weight must be determined for each 8. Trim—(a) Lateral and directional trim. The
altitude and temperature within the oper- airplane must maintain lateral and direc-
ational limits established for the airplane, at tional trim in level flight at a speed of Vh or
which the airplane has takeoff capability VMO/MMO, whichever is lower, with landing
after failure of the critical engine at or gear and wing flaps retracted.
above V1 determined in accordance with (b) Longitudinal trim. The airplane must
paragraph (b) of this section. This capability maintain longitudinal trim during the fol-
may be established— lowing conditions, except that it need not
(1) By demonstrating a measurably posi- maintain trim at a speed greater than VMO/
tive rate of climb with the airplane in the MMO™
takeoff configuration, landing gear extended; (1) In the approach conditions specified in
or FAR 23.161(c)(3) through (5), except that in-
(2) By demonstrating the capability of stead of the speeds specified therein, trim
maintaining flight after engine failure uti- must be maintained with a stick force of not
lizing procedures prescribed by the appli- more than 10 pounds down to a speed used in
cant. showing compliance with section 7 of this
6. Climb—(a) Landing climb: All-engines-oper- regulation or 1.4 Vs1 whichever is lower.
ating. The maximum weight must be deter-
(2) In level flight at any speed from VH or
mined with the airplane in the landing con-
VMO/MMO, whichever is lower, to either Vx or
figuration, for each altitude, and ambient
1.4 Vs1, with the landing gear and wing flaps
temperature within the operational limits
retracted.
established for the airplane and with the
most unfavorable center of gravity and out- STABILITY

of-ground effect in free air, at which the
steady gradient of climb will not be less than 9. Static longitudinal stability. (a) In showing
3.3 percent, with: compliance with the provisions of FAR
183
23.175(b) and with paragraph (b) of this sec- INSTRUMENTS: INSTALLATION
tion, the airspeed must return to within ±71⁄2
12. Arrangement and visibility. Each instru-
percent of the trim speed. ment must meet the requirements of FAR
(b) Cruise stability. The stick force curve 23.1321 and in addition—
must have a stable slope for a speed range of (a) Each flight, navigation, and powerplant
±50 knots from the trim speed except that instrument for use by any pilot must be
the speeds need not exceed VFC/MFC or be plainly visible to him from his station with
less than 1.4 Vs1. This speed range will be the minimum practicable deviation from his
considered to begin at the outer extremes of normal position and line of vision when he is
the friction band and the stick force may not looking forward along the flight path.
exceed 50 pounds with— (b) The flight instruments required by FAR
(i) Landing gear retracted; 23.1303 and by the applicable operating rules
(ii) Wing flaps retracted; must be grouped on the instrument panel
(iii) The maximum cruising power as se- and centered as nearly as practicable about
lected by the applicant as an operating limi- the vertical plane of each pilot’s forward vi-
tation for turbine engines or 75 percent of sion. In addition—
maximum continuous power for recipro- (1) The instrument that most effectively
cating engines except that the power need indicates the attitude must be on the panel
in the top center position;
not exceed that required at VMO/MMO™
(2) The instrument that most effectively
(iv) Maximum takeoff weight; and indicates airspeed must be adjacent to and
(v) The airplane trimmed for level flight directly to the left of the instrument in the
with the power specified in subparagraph top center position;
(iii) of this paragraph. (3) The instrument that most effectively
VFC/MFC may not be less than a speed mid- indicates altitude must be adjacent to and
way between VMO/MMO and VDF/MDF, except directly to the right of the instrument in the
that, for altitudes where Mach number is the top center position; and
limiting factor, MFC need not exceed the (4) The instrument that most effectively
Mach number at which effective speed warn- indicates direction of flight must be adjacent
ing occurs. to and directly below the instrument in the
(c) Climb stability. For turbopropeller powered top center position.
airplanes only. In showing compliance with 13. Airspeed indicating system. Each airspeed
FAR 23.175(a), an applicant must in lieu of indicating system must meet the require-
the power specified in FAR 23.175(a)(4), use ments of FAR 23.1323 and in addition—
the maximum power or thrust selected by (a) Airspeed indicating instruments must
the applicant as an operating limitation for be of an approved type and must be cali-
use during climb at the best rate of climb brated to indicate true airspeed at sea level
in the standard atmosphere with a
speed except that the speed need not be less
mimimum practicable instrument calibra-
than 1.4 Vs1.
tion error when the corresponding pilot and
STALLS static pressures are supplied to the instru-
ments.
10. Stall warning. If artificial stall warning (b) The airspeed indicating system must be
is required to comply with the requirements calibrated to determine the system error,
of FAR 23.207, the warning device must give i.e., the relation between IAS and CAS, in
clearly distinguishable indications under ex- flight and during the accelerate takeoff
pected conditions of flight. The use of a vis- ground run. The ground run calibration must
ual warning device that requires the atten- be obtained between 0.8 of the mimimum
tion of the crew within the cockpit is not ac- value of V1 and 1.2 times the maximum value
ceptable by itself. of V1, considering the approved ranges of al-
titude and weight. The ground run calibra-
CONTROL SYSTEMS tion will be determined assuming an engine
failure at the mimimum value of V1.
11. Electric trim tabs. The airplane must (c) The airspeed error of the installation
meet the requirements of FAR 23.677 and in excluding the instrument calibration error,
addition it must be shown that the airplane must not exceed 3 percent or 5 knots which-
is safely controllable and that a pilot can ever is greater, throughout the speed range
perform all the maneuvers and operations from VMO to 1.3S1 with flaps retracted and
necessary to effect a safe landing following from 1.3 VSO to VFE with flaps in the landing
any probable electric trim tab runaway position.
which might be reasonably expected in serv- (d) Information showing the relationship
ice allowing for appropriate time delay after between IAS and CAS must be shown in the
pilot recognition of the runaway. This dem- Airplane Flight Manual.

onstration must be conducted at the critical 14. Static air vent system. The static air vent
airplane weights and center of gravity posi- system must meet the requirements of FAR
tions. 23.1325. The altimeter system calibration
184
must be determined and shown in the Air- (a) Airspeed limitations. (1) The maximum
plane Flight Manual. operating limit speed VMO/MMO and a state-
ment that this speed limit may not be delib-
OPERATING LIMITATIONS AND INFORMATION erately exceeded in any regime of flight
15. Maximum operating limit speed VMO/MMO. (climb, cruise, or descent) unless a higher
Instead of establishing operating limitations speed is authorized for flight test or pilot
based on VME and VNO, the applicant must training;
establish a maximum operating limit speed (2) If an airspeed limitation is based upon
VMO/MMO in accordance with the following: compressibility effects, a statement to this
(a) The maximum operating limit speed effect and information as to any symptoms,
must not exceed the design cruising speed Vc the probable behavior of the airplane, and
and must be sufficiently below VD/MD or the recommended recovery procedures; and
VDF/MDF to make it highly improbable that (3) The airspeed limits, shown in terms of
the latter speeds will be inadvertently ex- VMO/MMO instead of VNO and VNE.
ceeded in flight. (b) Takeoff weight limitations. The max-
(b) The speed Vmo must not exceed 0.8 VD/ imum takeoff weight for each airport ele-
MD or 0.8 VDF/MDF unless flight demonstra- vation, ambient temperature, and available
tions involving upsets as specified by the Ad- takeoff runway length within the range se-
ministrator indicates a lower speed margin lected by the applicant. This weight may not
will not result in speeds exceeding VD/MD or exceed the weight at which:
VDF. Atmospheric variations, horizontal (1) The all-engine operating takeoff dis-
gusts, and equipment errors, and airframe tance determined in accordance with section
production variations will be taken into ac- 5(d) or the accelerate-stop distance deter-
count. mined in accordance with section 5(c), which
16. Minimum flight crew. In addition to ever is greater, is equal to the available run-
meeting the requirements of FAR 23.1523, the way length;
applicant must establish the minimum num- (2) The airplane complies with the one-en-
ber and type of qualified flight crew per- gine-inoperative takeoff requirements speci-
sonnel sufficient for safe operation of the fied in section 5(e); and
airplane considering— (3) The airplane complies with the one-en-
(a) Each kind of operation for which the gine-inoperative en route climb require-
applicant desires approval; ments specified in section 6(b), assuming
(b) The workload on each crewmember con- that a standard temperature lapse rate ex-
sidering the following: ists from the airport elevation to the alti-
(1) Flight path control. tude of 5,000 feet, except that the weight may
(2) Collision avoidance. not exceed that corresponding to a tempera-
(3) Navigation. ture of 41 °F at 5,000 feet.
(4) Communications. 20. Performance information. The Airplane
(5) Operation and monitoring of all essen- Flight Manual must contain the performance
tial aircraft systems. information determined in accordance with
(6) Command decisions; and the provisions of the performance require-
(c) The accessibility and ease of operation ments of this regulation. The information
of necessary controls by the appropriate must include the following:
crewmember during all normal and emer- (a) Sufficient information so that the take-
gency operations when at his flight station. off weight limits specified in section 19(b)
17. Airspeed indicator. The airspeed indi- can be determined for all temperatures and
cator must meet the requirements of FAR altitudes within the operation limitations
23.1545 except that, the airspeed notations selected by the applicant.
and markings in terms of VNO and VNE (b) The conditions under which the per-
must be replaced by the VMO/MMO notations. formance information was obtained, includ-
The airspeed indicator markings must be ing the airspeed at the 50-foot height used to
easily read and understood by the pilot. A determine landing distances.
placard adjacent to the airspeed indicator is (c) The performance information (deter-
an acceptable means of showing compliance mined by extrapolation and computed for the
with the requirements of FAR 23.1545(c). range of weights between the maximum
landing and takeoff weights) for—
AIRPLANE FLIGHT MANUAL (1) Climb in the landing configuration; and
18. General. The Airplane Flight Manual (2) Landing distance.
must be prepared in accordance with the re- (d) Procedure established under section 4 of
quirements of FARs 23.1583 and 23.1587, and this regulation related to the limitations
in addition the operating limitations and and information required by this section in
performance information set forth in sec- the form of guidance material including any
tions 19 and 20 must be included. relevant limitations or information.

19. Operating limitations. The Airplane (e) An explanation of significant or un-
Flight Manual must include the following usual flight or ground handling characteris-
limitations— tics of the airplane.
185
(f) Airspeeds, as indicated airspeeds, cor- loss of the turbine blades are considered to
responding to those determined for takeoff be ultimate loads.
in accordance with section 5(b). (3) The time history of the thrust decay
21. Maximum operating altitudes. The max- and drag buildup occurring as a result of the
imum operating altitude to which operation prescribed engine failures must be substan-
is permitted, as limited by flight, structural, tiated by test or other data applicable to the
powerplant, functional, or equipment char- particular engine-propeller combination.
acteristics, must be specified in the Airplane (4) The timing and magnitude of the prob-
Flight Manual. able pilot corrective action must be conserv-
22. Stowage provision for Airplane Flight atively estimated, considering the character-
Manual. Provision must be made for stowing istics of the particular engine-propeller-air-
the Airplane Flight Manual in a suitable plane combination.
fixed container which is readily accessible to (b) Pilot corrective action may be assumed
the pilot. to be initiated at the time maximum yawing
23. Operating procedures. Procedures for re-
velocity is reached, but not earlier than two
starting turbine engines in flight (including
seconds after the engine failure. The mag-
the effects of altitude) must be set forth in
nitude of the corrective action may be based
the Airplane Flight Manual.
on the control forces specified in FAR 23.397
AIRFRAME REQUIREMENTS except that lower forces may be assumed
where it is shown by analysis or test that
FLIGHT LOADS these forces can control the yaw and roll re-
sulting from the prescribed engine failure
24. Engine torque. (a) Each turbopropeller
conditions.
engine mount and its supporting structure
must be designed for the torque effects of— GROUND LOADS
(1) The conditions set forth in FAR
23.361(a). 27. Dual wheel landing gear units. Each dual
(2) The limit engine torque corresponding wheel landing gear unit and its supporting
to takeoff power and propeller speed, multi- structure must be shown to comply with the
plied by a factor accounting for propeller following:
control system malfunction, including quick (a) Pivoting. The airplane must be assumed
feathering action, simultaneously with 1 g to pivot about one side of the main gear with
level flight loads. In the absence of a ration- the brakes on that side locked. The limit
al analysis, a factor of 1.6 must be used. vertical load factor must be 1.0 and the coef-
(b) The limit torque is obtained by multi- ficient of friction 0.8. This condition need
plying the mean torque by a factor of 1.25. apply only to the main gear and its sup-
25. Turbine engine gyroscopic loads. Each porting structure.
turbopropeller engine mount and its sup- (b) Unequal tire inflation. A 60–40 percent
porting structure must be designed for the distribution of the loads established in ac-
gyroscopic loads that result, with the en- cordance with FAR 23.471 through FAR 23.483
gines at maximum continuous r.p.m., under must be applied to the dual wheels.
either— (c) Flat tire. (1) Sixty percent of the loads
(a) The conditions prescribed in FARs specified in FAR 23.471 through FAR 23.483
23.351 and 23.423; or must be applied to either wheel in a unit.
(b) All possible combinations of the fol- (2) Sixty percent of the limit drag and side
lowing: loads and 100 percent of the limit vertical
(1) A yaw velocity of 2.5 radius per second. load established in accordance with FARs
(2) A pitch velocity of 1.0 radians per sec- 23.493 and 23.485 must be applied to either
ond. wheel in a unit except that the vertical load
(3) A normal load factor of 2.5.
need not exceed the maximum vertical load
(4) Maximum continuous thrust.
in paragraph (c)(1) of this section.
26. Unsymmetrical loads due to engine failure.
(a) Turbopropeller powered airplanes must FATIGUE EVALUATION
be designed for the unsymmetrical loads re-
sulting from the failure of the critical engine 28. Fatigue evaluation of wing and associated
including the following conditions in com- structure. Unless it is shown that the struc-
bination with a single malfunction of the ture, operating stress levels, materials, and
propeller drag limiting system, considering expected use are comparable from a fatigue
the probable pilot corrective action on the standpoint to a similar design which has had
flight controls. substantial satisfactory service experience,
(1) At speeds between VMC and VD, the the strength, detail design, and the fabrica-
loads resulting from power failure because of tion of those parts of the wing, wing carry-
fuel flow interruption are considered to be through, and attaching structure whose fail-
limit loads. ure would be catastrophic must be evaluated

(2) At speeds between VMC and VC, the under either—
loads resulting from the disconnection of the (a) A fatigue strength investigation in
engine compressor from the turbine or from which the structure is shown by analysis,
186
tests, or both to be able to withstand the re- doors and exits, for which the initial opening
peated loads of variable magnitude expected movement is outward, are fully locked. In
in service; or addition, there must be a visual means to
(b) A fail-safe strength investigation in signal to crewmembers when normally used
which it is shown by analysis, tests, or both external doors are closed and fully locked.
that catastrophic failure of the structure is (c) The passenger entrance door must qual-
not probable after fatigue, or obvious partial ify as a floor level emergency exit. Each ad-
failure, of a principal structural element, ditional required emergency exit except floor
and that the remaining structure is able to level exits must be located over the wing or
withstand a static ultimate load factor of 75 must be provided with acceptable means to
percent of the critical limit load factor at Vc. assist the occupants in descending to the
These loads must be multiplied by a factor of ground. In addition to the passenger en-
1.15 unless the dynamic effects of failure trance door:
under static load are otherwise considered. (1) For a total seating capacity of 15 or
less, an emergency exit as defined in FAR
DESIGN AND CONSTRUCTION 23.807(b) is required on each side of the cabin.
29. Flutter. For Multiengine turbopropeller (2) For a total seating capacity of 16
powered airplanes, a dynamic evaluation through 23, three emergency exits as defined
must be made and must include— in 23.807(b) are required with one on the same
(a) The significant elastic, inertia, and aer- side as the door and two on the side opposite
odynamic forces associated with the rota- the door.
tions and displacements of the plane of the (d) An evacuation demonstration must be
propeller; and conducted utilizing the maximum number of
(b) Engine-propeller-nacelle stiffness and occupants for which certification is desired.
damping variations appropriate to the par- It must be conducted under simulated night
ticular configuration. conditions utilizing only the emergency
exits on the most critical side of the aircraft.
LANDING GEAR The participants must be representative of
average airline passengers with no prior
30. Flap operated landing gear warning de- practice or rehearsal for the demonstration.
vice. Airplanes having retractable landing Evacuation must be completed within 90 sec-
gear and wing flaps must be equipped with a onds.
warning device that functions continuously (e) Each emergency exit must be marked
when the wing flaps are extended to a flap with the word ‘‘Exit’’ by a sign which has
position that activates the warning device to white letters 1 inch high on a red back-
give adequate warning before landing, using ground 2 inches high, be self-illuminated or
normal landing procedures, if the landing independently internally electrically illumi-
gear is not fully extended and locked. There nated, and have a minimum luminescence
may not be a manual shut off for this warn- (brightness) of at least 160 microlamberts.
ing device. The flap position sensing unit The colors may be reversed if the passenger
may be installed at any suitable location. compartment illumination is essentially the
The system for this device may use any part same.
of the system (including the aural warning (f) Access to window type emergency exits
device) provided for other landing gear warn- must not be obstructed by seats or seat
ing devices. backs.
(g) The width of the main passenger aisle
PERSONNEL AND CARGO ACCOMMODATIONS at any point between seats must equal or ex-
31. Cargo and baggage compartments. Cargo ceed the values in the following table.
and baggage compartments must be designed
Minimum main passenger aisle
to meet the requirements of FAR 23.787 (a) width
and (b), and in addition means must be pro- Total seating capacity
vided to protect passengers from injury by Less than 25 25 inches and
inches from floor more from floor
the contents of any cargo or baggage com-
partment when the ultimate forward inertia 10 through 23 ........... 9 inches ............. 15 inches.
force is 9g.
32. Doors and exits. The airplane must meet
MISCELLANEOUS
the requirements of FAR 23.783 and FAR
23.807 (a)(3), (b), and (c), and in addition: 33. Lightning strike protection. Parts that
(a) There must be a means to lock and are electrically insulated from the basic air-
safeguard each external door and exit frame must be connected to it through light-
against opening in flight either inadvert- ning arrestors unless a lightning strike on
ently by persons, or as a result of mechan- the insulated part—
ical failure. Each external door must be op- (a) Is improbable because of shielding by
erable from both the inside and the outside. other parts; or
(b) There must be means for direct visual (b) Is not hazardous.
inspection of the locking mechanism by 34. Ice protection. If certification with ice
crewmembers to determine whether external protection provisions is desired, compliance
187
with the following requirements must be 38. Engines—(a) For turbopropeller powered
shown: airplanes. The engine installation must com-
(a) The recommended procedures for the ply with the following requirements:
use of the ice protection equipment must be (1) Engine isolation. The powerplants must
set forth in the Airplane Flight Manual. be arranged and isolated from each other to
(b) An analysis must be performed to es- allow operation, in at least one configura-
tablish, on the basis of the airplane’s oper- tion, so that the failure or malfunction of
ational needs, the adequacy of the ice protec- any engine, or of any system that can affect
tion system for the various components of the engine, will not—
the airplane. In addition, tests of the ice pro- (i) Prevent the continued safe operation of
tection system must be conducted to dem- the remaining engines; or
onstrate that the airplane is capable of oper- (ii) Require immediate action by any crew-
ating safely in continuous maximum and member for continued safe operation.
intermittent maximum icing conditions as (2) Control of engine rotation. There must be
described in FAR 25, appendix C. a means to individually stop and restart the
(c) Compliance with all or portions of this rotation of any engine in flight except that
section may be accomplished by reference, engine rotation need not be stopped if con-
where applicable because of similarity of the tinued rotation could not jeopardize the safe-
designs, to analysis and tests performed by ty of the airplane. Each component of the
the applicant for a type certificated model. stopping and restarting system on the engine
35. Maintenance information. The applicant side of the firewall, and that might be ex-
must make available to the owner at the posed to fire, must be at least fire resistant.
time of delivery of the airplane the informa- If hydraulic propeller feathering systems are
tion he considers essential for the proper used for this purpose, the feathering lines
maintenance of the airplane. That informa- must be at least fire resistant under the op-
tion must include the following: erating conditions that may be expected to
(a) Description of systems, including elec- exist during feathering.
trical, hydraulic, and fuel controls. (3) Engine speed and gas temperature control
(b) Lubrication instructions setting forth devices. The powerplant systems associated
the frequency and the lubricants and fluids with engine control devices, systems, and in-
which are to be used in the various systems. strumentation must provide reasonable as-
(c) Pressures and electrical loads applica- surance that those engine operating limita-
ble to the various systems. tions that adversely affect turbine rotor
(d) Tolerances and adjustments necessary structural integrity will not be exceeded in
for proper functioning. service.
(e) Methods of leveling, raising, and tow- (b) For reciprocating-engine powered air-
ing. planes. To provide engine isolation, the pow-
(f) Methods of balancing control surfaces. erplants must be arranged and isolated from
(g) Identification of primary and secondary each other to allow operation, in at least one
structures. configuration, so that the failure or malfunc-
(h) Frequency and extent of inspections tion of any engine, or of any system that can
necessary to the proper operation of the air- affect that engine, will not—
plane. (1) Prevent the continued safe operation of
(i) Special repair methods applicable to the the remaining engines; or
airplane. (2) Require immediate action by any crew-
(j) Special inspection techniques, including member for continued safe operation.
those that require X-ray, ultrasonic, and 39. Turbopropeller reversing systems. (a) Tur-
magnetic particle inspection. bopropeller reversing systems intended for
(k) List of special tools. ground operation must be designed so that
no single failure or malfunction of the sys-
PROPULSION tem will result in unwanted reverse thrust
under any expected operating condition.
GENERAL
Failure of structural elements need not be
36. Vibration characteristics. For turbo- considered if the probability of this kind of
propeller powered airplanes, the engine in- failure is extremely remote.
stallation must not result in vibration char- (b) Turbopropeller reversing systems in-
acteristics of the engine exceeding those es- tended for in-flight use must be designed so
tablished during the type certification of the that no unsafe condition will result during
engine. normal operation of the system, or from any
37. In-flight restarting of engine. If the en- failure (or reasonably likely combination of
gine on turbopropeller powered airplanes failures) of the reversing system, under any
cannot be restarted at the maximum cruise anticipated condition of operation of the air-
altitude, a determination must be made of plane. Failure of structural elements need
the altitude below which restarts can be con- not be considered if the probability of this
sistently accomplished. Restart information kind of failure is extremely remote.
must be provided in the Airplane Flight (c) Compliance with this section may be
Manual. shown by failure analysis, testing, or both
188
for propeller systems that allow propeller (1) Between the tank outlet and the en-
blades to move from the flight low-pitch po- gine-driven positive displacement pump
sition to a position that is substantially less inlet, if there is an engine-driven positive
than that at the normal flight low-pitch stop displacement pump;
position. The analysis may include or be sup- (2) Accessible for drainage and cleaning
ported by the analysis made to show compli- and, for the strainer screen, easily remov-
ance with the type certification of the pro- able; and
peller and associated installation compo- (3) Mounted so that its weight is not sup-
nents. Credit will be given for pertinent ported by the connecting lines or by the
analysis and testing completed by the engine inlet or outlet connections of the strainer or
and propeller manufacturers. filter itself.
40. Turbopropeller drag-limiting systems. Tur- (b) Unless there are means in the fuel sys-
bopropeller drag-limiting systems must be tem to prevent the accumulation of ice on
designed so that no single failure or malfunc- the filter, there must be means to automati-
tion of any of the systems during normal or cally maintain the fuel flow if ice-clogging of
emergency operation results in propeller the filter occurs; and
drag in excess of that for which the airplane (c) The fuel strainer or filter must be of
was designed. Failure of structural elements adequate capacity (with respect to operating
of the drag-limiting systems need not be con- limitations established to insure proper serv-
sidered if the probability of this kind of fail- ice) and of appropriate mesh to insure proper
ure is extremely remote. engine operation, with the fuel contaminated
41. Turbine engine powerplant operating to a degree (with respect to particle size and
characteristics. For turbopropeller powered density) that can be reasonably expected in
airplanes, the turbine engine powerplant op- service. The degree of fuel filtering may not
erating characteristics must be investigated be less than that established for the engine
in flight to determine that no adverse char- type certification.
acteristics (such as stall, surge, or flameout) 45. Lightning strike protection. Protection
are present to a hazardous degree, during must be provided against the ignition of
normal and emergency operation within the
flammable vapors in the fuel vent system
range of operating limitations of the air-
due to lightning strikes.
plane and of the engine.
42. Fuel flow. (a) For turbopropeller pow- COOLING
ered airplanes—
(1) The fuel system must provide for con- 46. Cooling test procedures for turbopropeller
tinuous supply of fuel to the engines for nor- powered airplanes. (a) Turbopropeller powered
mal operation without interruption due to airplanes must be shown to comply with the
depletion of fuel in any tank other than the requirements of FAR 23.1041 during takeoff,
main tank; and climb en route, and landing stages of flight
(2) The fuel flow rate for turbopropeller en- that correspond to the applicable perform-
gine fuel pump systems must not be less ance requirements. The cooling test must be
than 125 percent of the fuel flow required to conducted with the airplane in the configu-
develop the standard sea level atmospheric ration and operating under the conditions
conditions takeoff power selected and in- that are critical relative to cooling during
cluded as an operating limitation in the Air- each stage of flight. For the cooling tests a
plane Flight Manual. temperature is ‘‘stabilized’’ when its rate of
(b) For reciprocating engine powered air- change is less than 2 °F. per minute.
planes, it is acceptable for the fuel flow rate (b) Temperatures must be stabilized under
for each pump system (main and reserve sup- the conditions from which entry is made into
ply) to be 125 percent of the takeoff fuel con- each stage of flight being investigated unless
sumption of the engine. the entry condition is not one during which
component and engine fluid temperatures
FUEL SYSTEM COMPONENTS would stabilize, in which case, operation
43. Fuel pumps. For turbopropeller powered through the full entry condition must be
airplanes, a reliable and independent power conducted before entry into the stage of
source must be provided for each pump used flight being investigated in order to allow
with turbine engines which do not have pro- temperatures to reach their natural levels at
visions for mechanically driving the main the time of entry. The takeoff cooling test
pumps. It must be demonstrated that the must be preceded by a period during which
pump installations provide a reliability and the powerplant component and engine fluid
durability equivalent to that provided by temperatures are stabilized with the engines
FAR 23.991(a). at ground idle.
44. Fuel strainer or filter. For turbopropeller (c) Cooling tests for each stage of flight
powered airplanes, the following apply: must be continued until—
(a) There must be a fuel strainer or filter (1) The component and engine fluid tem-
between the tank outlet and the fuel meter- peratures stabilize;
ing device of the engine. In addition, the fuel (2) The stage of flight is completed; or
strainer or filter must be— (3) An operating limitation is reached.
189
INDUCTION SYSTEM means must have a positive lock or stop at
the idle position and must require a separate
47. Air induction. For turbopropeller pow-
and distinct operation by the crew to dis-
ered airplanes—
(a) There must be means to prevent haz- place the control from the flight regime.
ardous quantities of fuel leakage or overflow 53. Engine ignition systems. Each turbo-
from drains, vents, or other components of propeller airplane ignition system must be
flammable fluid systems from entering the considered an essential electrical load.
engine intake system; and 54. Powerplant accessories. The powerplant
(b) The air inlet ducts must be located or accessories must meet the requirements of
protected so as to minimize the ingestion of FAR 23.1163, and if the continued rotation of
foreign matter during takeoff, landing, and any accessory remotely driven by the engine
taxiing. is hazardous when malfunctioning occurs,
48. Induction system icing protection. For there must be means to prevent rotation
turbopropeller powered airplanes, each tur- without interfering with the continued oper-
bine engine must be able to operate through- ation of the engine.
out its flight power range without adverse
effect on engine operation or serious loss of
power or thrust, under the icing conditions 55. Fire detector system. For turbopropeller
specified in appendix C of FAR 25. In addi- powered airplanes, the following apply:
tion, there must be means to indicate to ap- (a) There must be a means that ensures
propriate flight crewmembers the func- prompt detection of fire in the engine com-
tioning of the powerplant ice protection sys- partment. An overtemperature switch in
tem. each engine cooling air exit is an acceptable
49. Turbine engine bleed air systems. Turbine method of meeting this requirement.
engine bleed air systems of turbopropeller (b) Each fire detector must be constructed
powered airplanes must be investigated to and installed to withstand the vibration, in-
determine— ertia, and other loads to which it may be
(a) That no hazard to the airplane will re- subjected in operation.
sult if a duct rupture occurs. This condition (c) No fire detector may be affected by any
must consider that a failure of the duct can oil, water, other fluids, or fumes that might
occur anywhere between the engine port and be present.
the airplane bleed service; and (d) There must be means to allow the flight
(b) That if the bleed air system is used for crew to check, in flight, the functioning of
direct cabin pressurization, it is not possible each fire detector electric circuit.
for hazardous contamination of the cabin air (e) Wiring and other components of each
system to occur in event of lubrication sys- fire detector system in a fire zone must be at
tem failure. least fire resistant.
56. Fire protection, cowling and nacelle skin.
EXHAUST SYSTEM For reciprocating engine powered airplanes,
50. Exhaust system drains. Turbopropeller the engine cowling must be designed and
engine exhaust systems having low spots or constructed so that no fire originating in the
pockets must incorporate drains at such lo- engine compartment can enter, either
cations. These drains must discharge clear of through openings or by burn through, any
the airplane in normal and ground attitudes other region where it would create addi-
to prevent the accumulation of fuel after the tional hazards.
failure of an attempted engine start. 57. Flammable fluid fire protection. If flam-
mable fluids or vapors might be liberated by
POWERPLANT CONTROLS AND ACCESSORIES the leakage of fluid systems in areas other
51. Engine controls. If throttles or power le- than engine compartments, there must be
vers for turbopropeller powered airplanes are means to—
such that any position of these controls will (a) Prevent the ignition of those fluids or
reduce the fuel flow to the engine(s) below vapors by any other equipment; or
that necessary for satisfactory and safe idle (b) Control any fire resulting from that ig-
operation of the engine while the airplane is nition.
in flight, a means must be provided to pre-
EQUIPMENT
vent inadvertent movement of the control
into this position. The means provided must 58. Powerplant instruments. (a) The fol-
incorporate a positive lock or stop at this lowing are required for turbopropeller air-
idle position and must require a separate and planes:
distinct operation by the crew to displace (1) The instruments required by FAR
the control from the normal engine oper- 23.1305 (a)(1) through (4), (b)(2) and (4).
ating range. (2) A gas temperature indicator for each
52. Reverse thrust controls. For turbo- engine.

propeller powered airplanes, the propeller re- (3) Free air temperature indicator.
verse thrust controls must have a means to (4) A fuel flowmeter indicator for each en-
prevent their inadvertent operation. The gine.
190
(5) Oil pressure warning means for each en- sistent with safety in the types of operations
gine. authorized.
(6) A torque indicator or adequate means 60. Ventilation. The ventilation system of
for indicating power output for each engine. the airplane must meet the requirements of
(7) Fire warning indicator for each engine. FAR 23.831, and in addition, for pressurized
(8) A means to indicate when the propeller aircraft the ventilating air in flight crew and
blade angle is below the low-pitch position passenger compartments must be free of
corresponding to idle operation in flight. harmful or hazardous concentrations of
(9) A means to indicate the functioning of gases and vapors in normal operation and in
the ice protection system for each engine. the event of reasonably probable failures or
(b) For turbopropeller powered airplanes, malfunctioning of the ventilating, heating,
the turbopropeller blade position indicator pressurization, or other systems, and equip-
must begin indicating when the blade has ment. If accumulation of hazardous quan-
moved below the flight low-pitch position. tities of smoke in the cockpit area is reason-
(c) The following instruments are required ably probable, smoke evacuation must be
for reciprocating-engine powered airplanes: readily accomplished.
(1) The instruments required by FAR
23.1305. ELECTRICAL SYSTEMS AND EQUIPMENT
(2) A cylinder head temperature indicator 61. General. The electrical systems and
for each engine. equipment of the airplane must meet the re-
(3) A manifold pressure indicator for each quirements of FAR 23.1351, and the following:
engine. (a) Electrical system capacity. The required
generating capacity, and number and kinds
SYSTEMS AND EQUIPMENTS
of power sources must—
GENERAL (1) Be determined by an electrical load
analysis, and
59. Function and installation. The systems (2) Meet the requirements of FAR 23.1301.
and equipment of the airplane must meet the (b) Generating system. The generating sys-
requirements of FAR 23.1301, and the fol- tem includes electrical power sources, main
lowing: power busses, transmission cables, and asso-
(a) Each item of additional installed equip- ciated control, regulation, and protective de-
ment must— vices. It must be designed so that—
(1) Be of a kind and design appropriate to (1) The system voltage and frequency (as
its intended function; applicable) at the terminals of all essential
(2) Be labeled as to its identification, func- load equipment can be maintained within
tion, or operating limitations, or any appli- the limits for which the equipment is de-
cable combination of these factors, unless signed, during any probable operating condi-
misuse or inadvertent actuation cannot cretions;
ate a hazard; (2) System transients due to switching,
(3) Be installed according to limitations fault clearing, or other causes do not make
specified for that equipment; and essential loads inoperative, and do not cause
(4) Function properly when installed. a smoke or fire hazard;
(b) Systems and installations must be de- (3) There are means, accessible in flight to
signed to safeguard against hazards to the appropriate crewmembers, for the individual
aircraft in the event of their malfunction or and collective disconnection of the electrical
failure. power sources from the system; and
(c) Where an installation, the functioning (4) There are means to indicate to appro-
of which is necessary in showing compliance priate crewmembers the generating system
with the applicable requirements, requires a quantities essential for the safe operation of
power supply, such installation must be con- the system, including the voltage and cur-
sidered an essential load on the power sup- rent supplied by each generator.
ply, and the power sources and the distribu- 62. Electrical equipment and installation.
tion system must be capable of supplying the Electrical equipment controls, and wiring
following power loads in probable operation must be installed so that operation of any
combinations and for probable durations: one unit or system of units will not ad-
(1) All essential loads after failure of any versely affect the simultaneous operation of
prime mover, power converter, or energy to the safe operation.
storage device. 63. Distribution system. (a) For the purpose
(2) All essential loads after failure of any of complying with this section, the distribu-
one engine on two-engine airplanes. tion system includes the distribution busses,
(3) In determining the probable operating their associated feeders and each control and
combinations and durations of essential protective device.
loads for the power failure conditions de- (b) Each system must be designed so that
scribed in subparagraphs (1) and (2) of this essential load circuits can be supplied in the
paragraph, it is permissible to assume that event of reasonably probable faults or open
the power loads are reduced in accordance circuits, including faults in heavy current
with a monitoring procedure which is con- carrying cables.
191
§ 23.1 14 CFR Ch. I (1–1–17 Edition)
(c) If two independent sources of electrical for forward- or aft-facing seats with a
power for particular equipment or systems safety belt and shoulder harness in-
are required by this regulation, their elec- stalled.
trical energy supply must be insured by
means such as duplicate electrical equip- (b) Each shoulder harness installed at
ment, throwover switching, or multichannel a flight crewmember station, as re-
or loop circuits separately routed. quired by this section, must allow the
64. Circuit protective devices. The circuit crewmember, when seated with the
protective devices for the electrical circuits safety belt and shoulder harness fas-
of the airplane must meet the requirements tened, to perform all functions nec-
of FAR 23.1357, and in addition circuits for
essary for flight operations.
loads which are essential to safe operation
must have individual and exclusive circuit (c) For the purpose of this section,
protection. the date of manufacture is:
[Doc. No. 8070, 34 FR 189, Jan. 7, 1969, as (1) The date the inspection accept-
amended by SFAR 23–1, 34 FR 20176, Dec. 24, ance records, or equivalent, reflect
1969; 35 FR 1102, Jan. 28, 1970] that the airplane is complete and
meets the FAA approved type design
Subpart A—General data; or
(2) In the case of a foreign manufac-
§ 23.1 Applicability. tured airplane, the date the foreign
(a) This part prescribes airworthiness civil airworthiness authority certifies
standards for the issue of type certifi- the airplane is complete and issues an
cates, and changes to those certifi- original standard airworthiness certifi-
cates, for airplanes in the normal, util- cate, or the equivalent in that country.
ity, acrobatic, and commuter cat- [Amdt. 23–36, 53 FR 30812, Aug. 15, 1988]
egories.
(b) Each person who applies under § 23.3 Airplane categories.
Part 21 for such a certificate or change
must show compliance with the appli- (a) The normal category is limited to
cable requirements of this part. airplanes that have a seating configu-
ration, excluding pilot seats, of nine or
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as less, a maximum certificated takeoff
amended by Amdt. 23–34, 52 FR 1825, Jan. 15, weight of 12,500 pounds or less, and in-
1987]
tended for nonacrobatic operation.
§ 23.2 Special retroactive require- Nonacrobatic operation includes:
ments. (1) Any maneuver incident to normal
flying;
(a) Notwithstanding §§ 21.17 and 21.101
of this chapter and irrespective of the (2) Stalls (except whip stalls); and
type certification basis, each normal, (3) Lazy eights, chandelles, and steep
utility, and acrobatic category air- turns, in which the angle of bank is not
plane having a passenger seating con- more than 60 degrees.
figuration, excluding pilot seats, of (b) The utility category is limited to
nine or less, manufactured after De- airplanes that have a seating configu-
cember 12, 1986, or any such foreign air- ration, excluding pilot seats, of nine or
plane for entry into the United States less, a maximum certificated takeoff
must provide a safety belt and shoulder weight of 12,500 pounds or less, and in-
harness for each forward- or aft-facing tended for limited acrobatic operation.
seat which will protect the occupant Airplanes certificated in the utility
from serious head injury when sub- category may be used in any of the op-
jected to the inertia loads resulting erations covered under paragraph (a) of
from the ultimate static load factors this section and in limited acrobatic
prescribed in § 23.561(b)(2) of this part, operations. Limited acrobatic oper-
or which will provide the occupant pro- ation includes:
tection specified in § 23.562 of this part (1) Spins (if approved for the par-
when that section is applicable to the ticular type of airplane); and
airplane. For other seat orientations, (2) Lazy eights, chandelles, and steep
the seat/restraint system must be de- turns, or similar maneuvers, in which

signed to provide a level of occupant the angle of bank is more than 60 de-
protection equivalent to that provided grees but not more than 90 degrees.
192
(c) The acrobatic category is limited Item Tolerance

to airplanes that have a seating con- Weight ............................................... + 5%, –10%.
figuration, excluding pilot seats, of Critical items affected by weight ....... + 5%, –1%.
nine or less, a maximum certificated C.G .................................................... ±7% total travel.
takeoff weight of 12,500 pounds or less,
and intended for use without restric- § 23.23 Load distribution limits.
tions, other than those shown to be (a) Ranges of weights and centers of
necessary as a result of required flight gravity within which the airplane may
tests. be safely operated must be established.
(d) The commuter category is limited If a weight and center of gravity com-
to multiengine airplanes that have a bination is allowable only within cer-
seating configuration, excluding pilot tain lateral load distribution limits
seats, of 19 or less, and a maximum cer- that could be inadvertently exceeded,
tificated takeoff weight of 19,000 these limits must be established for the
pounds or less. The commuter category corresponding weight and center of
operation is limited to any maneuver gravity combinations.
incident to normal flying, stalls (ex- (b) The load distribution limits may
cept whip stalls), and steep turns, in not exceed any of the following:
which the angle of bank is not more (1) The selected limits;
than 60 degrees. (2) The limits at which the structure
(e) Except for commuter category, is proven; or
airplanes may be type certificated in (3) The limits at which compliance
more than one category if the require- with each applicable flight require-
ments of each requested category are ment of this subpart is shown.
met. [Doc. No. 26269, 58 FR 42156, Aug. 6, 1993]
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as § 23.25 Weight limits.
1967; Amdt. 23–34, 52 FR 1825, Jan. 15, 1987; 52 (a) Maximum weight. The maximum
FR 34745, Sept. 14, 1987; Amdt. 23–50, 61 FR weight is the highest weight at which
5183, Feb. 9, 1996; Amdt. 23–62, 76 FR 75753, compliance with each applicable re-
Dec. 2, 2011] quirement of this part (other than
those complied with at the design land-
Subpart B—Flight ing weight) is shown. The maximum
weight must be established so that it
GENERAL is—
(1) Not more than the least of—
§ 23.21 Proof of compliance. (i) The highest weight selected by the
(a) Each requirement of this subpart applicant; or
must be met at each appropriate com- (ii) The design maximum weight,
bination of weight and center of grav- which is the highest weight at which
ity within the range of loading condi- compliance with each applicable struc-
tions for which certification is re- tural loading condition of this part
(other than those complied with at the
quested. This must be shown—
design landing weight) is shown; or
(1) By tests upon an airplane of the (iii) The highest weight at which
type for which certification is re- compliance with each applicable flight
quested, or by calculations based on, requirement is shown, and
and equal in accuracy to, the results of (2) Not less than the weight with—
testing; and (i) Each seat occupied, assuming a
(2) By systematic investigation of weight of 170 pounds for each occupant
each probable combination of weight for normal and commuter category air-
and center of gravity, if compliance planes, and 190 pounds for utility and
cannot be reasonably inferred from acrobatic category airplanes, except
combinations investigated. that seats other than pilot seats may
(b) The following general tolerances be placarded for a lesser weight; and
are allowed during flight testing. How- (A) Oil at full capacity, and
ever, greater tolerances may be al- (B) At least enough fuel for max-
lowed in particular tests: imum continuous power operation of at
193
§ 23.29 14 CFR Ch. I (1–1–17 Edition)
least 30 minutes for day-VFR approved § 23.31 Removable ballast.

airplanes and at least 45 minutes for Removable ballast may be used in
night-VFR and IFR approved airplanes; showing compliance with the flight re-
or quirements of this subpart, if—
(ii) The required minimum crew, and (a) The place for carrying ballast is
fuel and oil to full tank capacity. properly designed and installed, and is
(b) Minimum weight. The minimum marked under § 23.1557; and
weight (the lowest weight at which (b) Instructions are included in the
compliance with each applicable re- airplane flight manual, approved man-
quirement of this part is shown) must ual material, or markings and plac-
be established so that it is not more ards, for the proper placement of the
than the sum of— removable ballast under each loading
(1) The empty weight determined condition for which removable ballast
under § 23.29; is necessary.
(2) The weight of the required min- [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30
imum crew (assuming a weight of 170 FR 258, Jan. 9, 1965, as amended by Amdt. 23–
13, 37 FR 20023, Sept. 23, 1972]
pounds for each crewmember); and
(3) The weight of— § 23.33 Propeller speed and pitch lim-
(i) For turbojet powered airplanes, 5 its.
percent of the total fuel capacity of (a) General. The propeller speed and
that particular fuel tank arrangement pitch must be limited to values that
under investigation, and will assure safe operation under normal
(ii) For other airplanes, the fuel nec- operating conditions.
essary for one-half hour of operation at (b) Propellers not controllable in flight.
maximum continuous power. For each propeller whose pitch cannot
be controlled in flight—
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
(1) During takeoff and initial climb
1969; Amdt. 23–21, 43 FR 2317, Jan. 16, 1978; at the all engine(s) operating climb
Amdt. 23–34, 52 FR 1825, Jan. 15, 1987; Amdt. speed specified in § 23.65, the propeller
23–45, 58 FR 42156, Aug. 6, 1993; Amdt. 23–50, 61 must limit the engine r.p.m., at full
FR 5183, Feb. 9, 1996] throttle or at maximum allowable
takeoff manifold pressure, to a speed
§ 23.29 Empty weight and cor- not greater than the maximum allow-
responding center of gravity. able takeoff r.p.m.; and
(2) During a closed throttle glide, at
(a) The empty weight and cor-
VNE, the propeller may not cause an
responding center of gravity must be
engine speed above 110 percent of max-
determined by weighing the airplane
imum continuous speed.
with— (c) Controllable pitch propellers without
(1) Fixed ballast; constant speed controls. Each propeller
(2) Unusable fuel determined under that can be controlled in flight, but
§ 23.959; and that does not have constant speed con-
(3) Full operating fluids, including— trols, must have a means to limit the
(i) Oil; pitch range so that—
(ii) Hydraulic fluid; and (1) The lowest possible pitch allows
(iii) Other fluids required for normal compliance with paragraph (b)(1) of
operation of airplane systems, except this section; and
potable water, lavatory precharge (2) The highest possible pitch allows
water, and water intended for injection compliance with paragraph (b)(2) of
in the engines. this section.
(d) Controllable pitch propellers with
(b) The condition of the airplane at
constant speed controls. Each control-
the time of determining empty weight
lable pitch propeller with constant
must be one that is well defined and speed controls must have—
can be easily repeated. (1) With the governor in operation, a
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30 means at the governor to limit the
FR 258, Jan. 9, 1965, as amended by Amdt. 23– maximum engine speed to the max-
21, 43 FR 2317, Jan. 16, 1978] imum allowable takeoff r.p.m.; and
194
(2) With the governor inoperative, (2) The power absorbed by the acces-
the propeller blades at the lowest pos- sories and services appropriate to the
sible pitch, with takeoff power, the air- particular ambient atmospheric condi-
plane stationary, and no wind, either— tions and the particular flight condi-
(i) A means to limit the maximum tion.
engine speed to 103 percent of the max- (e) The performance, as affected by
imum allowable takeoff r.p.m., or engine power or thrust, must be based
(ii) For an engine with an approved on a relative humidity:
overspeed, a means to limit the max- (1) Of 80 percent at and below stand-
imum engine and propeller speed to not ard temperature; and
more than the maximum approved (2) From 80 percent, at the standard
overspeed. temperature, varying linearly down to
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as 34 percent at the standard temperature
amended by Amdt. 23–45, 58 FR 42156, Aug. 6, plus 50 °F.
1993; Amdt. 23–50, 61 FR 5183, Feb. 9, 1996] (f) Unless otherwise prescribed, in de-
termining the takeoff and landing dis-
PERFORMANCE tances, changes in the airplane’s con-
figuration, speed, and power must be
§ 23.45 General. made in accordance with procedures es-
(a) Unless otherwise prescribed, the tablished by the applicant for oper-
performance requirements of this part ation in service. These procedures must
must be met for— be able to be executed consistently by
(1) Still air and standard atmosphere; pilots of average skill in atmospheric
and conditions reasonably expected to be
(2) Ambient atmospheric conditions, encountered in service.
for commuter category airplanes, for (g) The following, as applicable, must
reciprocating engine-powered airplanes be determined on a smooth, dry, hard-
of more than 6,000 pounds maximum surfaced runway—
weight, and for turbine engine-powered (1) Takeoff distance of § 23.53(b);
airplanes. (2) Accelerate-stop distance of § 23.55;
(b) Performance data must be deter- (3) Takeoff distance and takeoff run
mined over not less than the following of § 23.59; and
ranges of conditions— (4) Landing distance of § 23.75.
(1) Airport altitudes from sea level to
10,000 feet; and NOTE: The effect on these distances of op-
(2) For reciprocating engine-powered eration on other types of surfaces (for exam-
ple, grass, gravel) when dry, may be deter-
airplanes of 6,000 pounds, or less, max-
mined or derived and these surfaces listed in
imum weight, temperature from stand- the Airplane Flight Manual in accordance
ard to 30 °C above standard; or with § 23.1583(p).
(3) For reciprocating engine-powered
airplanes of more than 6,000 pounds (h) For multiengine jets weighing
maximum weight and turbine engine- over 6,000 pounds in the normal, util-
powered airplanes, temperature from ity, and acrobatic category and com-
standard to 30 °C above standard, or muter category airplanes, the fol-
the maximum ambient atmospheric lowing also apply:
temperature at which compliance with (1) Unless otherwise prescribed, the
the cooling provisions of § 23.1041 to applicant must select the takeoff,
§ 23.1047 is shown, if lower. enroute, approach, and landing con-
(c) Performance data must be deter- figurations for the airplane.
mined with the cowl flaps or other (2) The airplane configuration may
means for controlling the engine cool- vary with weight, altitude, and tem-
ing air supply in the position used in perature, to the extent that they are
the cooling tests required by §§ 23.1041 compatible with the operating proce-
to 23.1047. dures required by paragraph (h)(3) of
(d) The available propulsive thrust this section.
must correspond to engine power, not (3) Unless otherwise prescribed, in de-
exceeding the approved power, less— termining the critical-engine-inoper-
(1) Installation losses; and ative takeoff performance, takeoff
195
§ 23.49 14 CFR Ch. I (1–1–17 Edition)
flight path, and accelerate-stop dis- meeting the flight characteristics spec-
tance, changes in the airplane’s con- ified in § 23.201.
figuration, speed, and power must be (c) Except as provided in paragraph
made in accordance with procedures es- (d) of this section, VSO at maximum
tablished by the applicant for oper- weight may not exceed 61 knots for—
ation in service. (1) Single-engine airplanes; and
(4) Procedures for the execution of (2) Multiengine airplanes of 6,000
discontinued approaches and balked pounds or less maximum weight that
landings associated with the conditions cannot meet the minimum rate of
prescribed in § 23.67(c)(4) and § 23.77(c) climb specified in § 23.67(a) (1) with the
must be established. critical engine inoperative.
(5) The procedures established under (d) All single-engine airplanes, and
paragraphs (h)(3) and (h)(4) of this sec- those multiengine airplanes of 6,000
tion must— pounds or less maximum weight with a
(i) Be able to be consistently exe- VSO of more than 61 knots that do not
cuted by a crew of average skill in at- meet the requirements of § 23.67(a)(1),
mospheric conditions reasonably ex- must comply with § 23.562(d).
pected to be encountered in service; [Doc. No. 27807, 61 FR 5184, Feb. 9, 1996, as
(ii) Use methods or devices that are amended by Amdt. 23–62, 76 FR 75753, Dec. 2,
safe and reliable; and 2011]
(iii) Include allowance for any rea-
sonably expected time delays in the § 23.51 Takeoff speeds.
execution of the procedures. (a) For normal, utility, and acrobatic
[Doc. No. 27807, 61 FR 5184, Feb. 9, 1996, as category airplanes, rotation speed, VR,
amended by Amdt. 23–62, 76 FR 75753, Dec. 2, is the speed at which the pilot makes a
2011] control input, with the intention of
lifting the airplane out of contact with
§ 23.49 Stalling speed. the runway or water surface.
(a) VSO (maximum landing flap con- (1) For multiengine landplanes, VR,
figuration) and VS1 are the stalling must not be less than the greater of
speeds or the minimum steady flight 1.05 VMC; or 1.10 VS1;
speeds, in knots (CAS), at which the (2) For single-engine landplanes, VR,
airplane is controllable with— must not be less than VS1; and
(1) For reciprocating engine-powered (3) For seaplanes and amphibians
airplanes, the engine(s) idling, the taking off from water, VR, may be any
throttle(s) closed or at not more than speed that is shown to be safe under all
the power necessary for zero thrust at reasonably expected conditions, includ-
a speed not more than 110 percent of ing turbulence and complete failure of
the stalling speed; the critical engine.
(2) For turbine engine-powered air- (b) For normal, utility, and acrobatic
planes, the propulsive thrust not great- category airplanes, the speed at 50 feet
er than zero at the stalling speed, or, if above the takeoff surface level must
the resultant thrust has no appreciable not be less than:
effect on the stalling speed, with en- (1) For multiengine airplanes, the
gine(s) idling and throttle(s) closed; highest of—
(3) The propeller(s) in the takeoff po- (i) A speed that is shown to be safe
sition; for continued flight (or emergency
(4) The airplane in the condition ex- landing, if applicable) under all reason-
isting in the test, in which VSO and ably expected conditions, including
VS1 are being used; turbulence and complete failure of the
(5) The center of gravity in the posi- critical engine;
tion that results in the highest value of (ii) 1.10 VMC; or
VSO and VS1; and (iii) 1.20 VS1.
(6) The weight used when VSO and (2) For single-engine airplanes, the
VS1 are being used as a factor to de- higher of—
termine compliance with a required (i) A speed that is shown to be safe
performance standard. under all reasonably expected condi-

(b) VSO and VS1 must be determined tions, including turbulence and com-
by flight tests, using the procedure and plete engine failure; or
196
(ii) 1.20 VS1. (5) The one-engine-inoperative take-

(c) For normal, utility, and acrobatic off distance, using a normal rotation
category multiengine jets of more than rate at a speed 5 knots less than VR, es-
6,000 pounds maximum weight and tablished in accordance with paragraph
commuter category airplanes, the fol- (c)(2) of this section, must be shown
lowing apply: not to exceed the corresponding one-
(l) V1 must be established in relation engine-inoperative takeoff distance,
to VEF as follows: determined in accordance with § 23.57
(i) VEF is the calibrated airspeed at and § 23.59(a)(1), using the established
which the critical engine is assumed to VR. The takeoff, otherwise performed
fail. VEF must be selected by the appli- in accordance with § 23.57, must be con-
cant but must not be less than 1.05 VMC tinued safely from the point at which
determined under § 23.149(b) or, at the the airplane is 35 feet above the takeoff
option of the applicant, not less than surface and at a speed not less than the
VMCG determined under § 23.149(f). established V2 minus 5 knots.
(ii) The takeoff decision speed, V1, is (6) The applicant must show, with all
the calibrated airspeed on the ground engines operating, that marked in-
at which, as a result of engine failure creases in the scheduled takeoff dis-
or other reasons, the pilot is assumed tances, determined in accordance with
to have made a decision to continue or § 23.59(a)(2), do not result from over-ro-
discontinue the takeoff. The takeoff tation of the airplane or out-of-trim
decision speed, V1, must be selected by
conditions.
the applicant but must not be less than
VEF plus the speed gained with the crit- [Doc. No. 27807, 61 FR 5184, Feb. 9, 1996, as
ical engine inoperative during the time amended by Amdt. 23–62, 76 FR 75753, Dec. 2,
interval between the instant at which 2011]
the critical engine is failed and the in-
stant at which the pilot recognizes and § 23.53 Takeoff performance.
reacts to the engine failure, as indi- (a) For normal, utility, and acrobatic
cated by the pilot’s application of the category airplanes, the takeoff dis-
first retarding means during the accel- tance must be determined in accord-
erate-stop determination of § 23.55. ance with paragraph (b) of this section,
(2) The rotation speed, VR, in terms using speeds determined in accordance
of calibrated airspeed, must be selected with § 23.51 (a) and (b).
by the applicant and must not be less (b) For normal, utility, and acrobatic
than the greatest of the following: category airplanes, the distance re-
(i) V1; quired to takeoff and climb to a height
(ii) 1.05 VMC determined under of 50 feet above the takeoff surface
§ 23.149(b); must be determined for each weight,
(iii) 1.10 VS1; or altitude, and temperature within the
(iv) The speed that allows attaining operational limits established for take-
the initial climb-out speed, V2, before off with—
reaching a height of 35 feet above the (1) Takeoff power on each engine;
takeoff surface in accordance with (2) Wing flaps in the takeoff posi-
§ 23.57(c)(2). tion(s); and
(3) For any given set of conditions, (3) Landing gear extended.
such as weight, altitude, temperature,
(c) For normal, utility, and acrobatic
and configuration, a single value of VR
category multiengine jets of more than
must be used to show compliance with
6,000 pounds maximum weight and
both the one-engine-inoperative take-
off and all-engines-operating takeoff commuter category airplanes, takeoff
requirements. performance, as required by §§ 23.55
(4) The takeoff safety speed, V2, in through 23.59, must be determined with
terms of calibrated airspeed, must be the operating engine(s) within ap-
selected by the applicant so as to allow proved operating limitations.
the gradient of climb required in § 23.67 [Doc. No. 27807, 61 FR 5185, Feb. 9, 1996, as
(c)(1) and (c)(2) but mut not be less amended by Amdt. 23–62, 76 FR 75753, Dec. 2,
than 1.10 VMC or less than 1.20 VS1. 2011]
197
§ 23.55 14 CFR Ch. I (1–1–17 Edition)
§ 23.55 Accelerate-stop distance. (c) During the takeoff path deter-

For normal, utility, and acrobatic mination, in accordance with para-
category multiengine jets of more than graphs (a) and (b) of this section—
6,000 pounds maximum weight and (1) The slope of the airborne part of
commuter category airplanes, the ac- the takeoff path must not be negative
celerate-stop distance must be deter- at any point;
mined as follows: (2) The airplane must reach V2 before
(a) The accelerate-stop distance is it is 35 feet above the takeoff surface,
the sum of the distances necessary to— and must continue at a speed as close
(1) Accelerate the airplane from a as practical to, but not less than V2,
standing start to VEF with all engines until it is 400 feet above the takeoff
operating; surface;
(2) Accelerate the airplane from VEF (3) At each point along the takeoff
to V1, assuming the critical engine path, starting at the point at which the
fails at VEF; and airplane reaches 400 feet above the
(3) Come to a full stop from the point takeoff surface, the available gradient
at which V1 is reached. of climb must not be less than—
(b) Means other than wheel brakes (i) 1.2 percent for two-engine air-
may be used to determine the accel- planes;
erate-stop distances if that means— (ii) 1.5 percent for three-engine air-
(1) Is safe and reliable; planes;
(2) Is used so that consistent results (iii) 1.7 percent for four-engine air-
can be expected under normal oper- planes; and
ating conditions; and (4) Except for gear retraction and
(3) Is such that exceptional skill is automatic propeller feathering, the
not required to control the airplane. airplane configuration must not be
changed, and no change in power that
[Amdt. 23–34, 52 FR 1826, Jan. 15, 1987, as
requires action by the pilot may be
amended by Amdt. 23–50, 61 FR 5185, Feb. 9,
1996, as amended by Amdt. 23–62, 76 FR 75753, made, until the airplane is 400 feet
Dec. 2, 2011] above the takeoff surface.
(d) The takeoff path to 35 feet above
§ 23.57 Takeoff path. the takeoff surface must be determined
For normal, utility, and acrobatic by a continuous demonstrated takeoff.
category multiengine jets of more than (e) The takeoff path to 35 feet above
6,000 pounds maximum weight and the takeoff surface must be determined
commuter category airplanes, the by synthesis from segments; and
takeoff path is as follows: (1) The segments must be clearly de-
(a) The takeoff path extends from a fined and must be related to distinct
standing start to a point in the takeoff changes in configuration, power, and
at which the airplane is 1500 feet above speed;
the takeoff surface at or below which (2) The weight of the airplane, the
height the transition from the takeoff configuration, and the power must be
to the enroute configuration must be assumed constant throughout each seg-
completed; and ment and must correspond to the most
(1) The takeoff path must be based on critical condition prevailing in the seg-
the procedures prescribed in § 23.45; ment; and
(2) The airplane must be accelerated (3) The takeoff flight path must be
on the ground to VEF at which point the based on the airplane’s performance
critical engine must be made inoper- without utilizing ground effect.
ative and remain inoperative for the [Amdt. 23–34, 52 FR 1827, Jan. 15, 1987, as
rest of the takeoff; and amended by Amdt. 23–50, 61 FR 5185, Feb. 9,
(3) After reaching VEF, the airplane 1996, as amended by Amdt. 23–62, 76 FR 75753,
must be accelerated to V2. Dec. 2, 2011]
(b) During the acceleration to speed
V2, the nose gear may be raised off the § 23.59 Takeoff distance and takeoff
ground at a speed not less than VR. run.
However, landing gear retraction must For normal, utility, and acrobatic
not be initiated until the airplane is category multiengine jets of more than
airborne. 6,000 pounds maximum weight and
198
commuter category airplanes, the (2) 0.9 percent for three-engine air-
takeoff distance and, at the option of planes; and
the applicant, the takeoff run, must be (3) 1.0 percent for four-engine air-
determined. planes.
(a) Takeoff distance is the greater (c) The prescribed reduction in climb
of— gradient may be applied as an equiva-
(1) The horizontal distance along the lent reduction in acceleration along
takeoff path from the start of the take- that part of the takeoff flight path at
off to the point at which the airplane is which the airplane is accelerated in
35 feet above the takeoff surface as de- level flight.
termined under § 23.57; or [Amdt. 23–34, 52 FR 1827, Jan. 15, 1987, as
(2) With all engines operating, 115 amended by Amdt. 23–62, 76 FR 75753, Dec. 2,
percent of the horizontal distance from 2011]
the start of the takeoff to the point at
which the airplane is 35 feet above the § 23.63 Climb: General.
takeoff surface, determined by a proce- (a) Compliance with the require-
dure consistent with § 23.57. ments of §§ 23.65, 23.66, 23.67, 23.69, and
(b) If the takeoff distance includes a 23.77 must be shown—
clearway, the takeoff run is the greater (1) Out of ground effect; and
of— (2) At speeds that are not less than
(1) The horizontal distance along the those at which compliance with the
takeoff path from the start of the take- powerplant cooling requirements of
off to a point equidistant between the §§ 23.1041 to 23.1047 has been dem-
liftoff point and the point at which the onstrated; and
airplane is 35 feet above the takeoff (3) Unless otherwise specified, with
surface as determined under § 23.57; or one engine inoperative, at a bank angle
(2) With all engines operating, 115 not exceeding 5 degrees.
percent of the horizontal distance from (b) For normal, utility, and acrobatic
the start of the takeoff to a point equi- category reciprocating engine-powered
distant between the liftoff point and airplanes of 6,000 pounds or less max-
the point at which the airplane is 35 imum weight, compliance must be
feet above the takeoff surface, deter- shown with § 23.65(a), § 23.67(a), where
mined by a procedure consistent with appropriate, and § 23.77(a) at maximum
§ 23.57. takeoff or landing weight, as appro-
[Amdt. 23–34, 52 FR 1827, Jan. 15, 1987, as priate, in a standard atmosphere.
amended by Amdt. 23–50, 61 FR 5185, Feb. 9, (c) For reciprocating engine-powered
1996, as amended by Amdt. 23–62, 76 FR 75753, airplanes of more than 6,000 pounds
Dec. 2, 2011] maximum weight, single-engine tur-
bines, and multiengine turbine air-
§ 23.61 Takeoff flight path. planes of 6,000 pounds or less maximum
For normal, utility, and acrobatic weight in the normal, utility, and acro-
category multiengine jets of more than batic category, compliance must be
6,000 pounds maximum weight and shown at weights as a function of air-
commuter category airplanes, the port altitude and ambient temperature,
takeoff flight path must be determined within the operational limits estab-
as follows: lished for takeoff and landing, respec-
(a) The takeoff flight path begins 35 tively, with—
feet above the takeoff surface at the (1) Sections 23.65(b) and 23.67(b) (1)
end of the takeoff distance determined and (2), where appropriate, for takeoff,
in accordance with § 23.59. and
(b) The net takeoff flight path data (2) Section 23.67(b)(2), where appro-
must be determined so that they rep- priate, and § 23.77(b), for landing.
resent the actual takeoff flight paths, (d) For multiengine turbine airplanes
as determined in accordance with over 6,000 pounds maximum weight in
§ 23.57 and with paragraph (a) of this the normal, utility, and acrobatic cat-
section, reduced at each point by a gra- egory and commuter category air-
dient of climb equal to— planes, compliance must be shown at

(1) 0.8 percent for two-engine air- weights as a function of airport alti-
planes; tude and ambient temperature within
199
§ 23.65 14 CFR Ch. I (1–1–17 Edition)
the operational limits established for ity, and acrobatic category, the steady
takeoff and landing, respectively, gradient of climb or descent must be
with— determined at each weight, altitude,
(1) Sections 23.67(c)(1), 23.67(c)(2), and and ambient temperature within the
23.67(c)(3) for takeoff; and operational limits established by the
(2) Sections 23.67(c)(3), 23.67(c)(4), and applicant with—
23.77(c) for landing. (a) The critical engine inoperative
[Doc. No. 27807, 61 FR 5186, Feb. 9, 1996, as and its propeller in the position it rap-
amended by Amdt. 23–62, 76 FR 75753, Dec. 2, idly and automatically assumes;
2011] (b) The remaining engine(s) at take-
off power;
§ 23.65 Climb: All engines operating. (c) The landing gear extended, except
(a) Each normal, utility, and acro- that if the landing gear can be re-
batic category reciprocating engine- tracted in not more than seven sec-
powered airplane of 6,000 pounds or less onds, the test may be conducted with
maximum weight must have a steady the gear retracted;
climb gradient at sea level of at least (d) The wing flaps in the takeoff posi-
8.3 percent for landplanes or 6.7 percet tion(s):
for seaplanes and amphibians with— (e) The wings level; and
(1) Not more than maximum contin- (f) A climb speed equal to that
uous power on each engine; achieved at 50 feet in the demonstra-
(2) The landing gear retracted; tion of § 23.53.
(3) The wing flaps in the takeoff posi-
[Doc. No. 27807, 61 FR 5186, Feb. 9, 1996]
tion(s); and
(4) A climb speed not less than the § 23.67 Climb: One engine inoperative.
greater of 1.1 VMC and 1.2 VS1 for multi-
engine airplanes and not less than 1.2 (a) For normal, utility, and acrobatic
VS1 for single—engine airplanes. category reciprocating engine-powered
(b) Each normal, utility, and acro- airplanes of 6,000 pounds or less max-
batic category reciprocating engine- imum weight, the following apply:
powered airplane of more than 6,000 (1) Except for those airplanes that
pounds maximum weight, single-engine meet the requirements prescribed in
turbine, and multiengine turbine air- § 23.562(d), each airplane with a VSO of
planes of 6,000 pounds or less maximum more than 61 knots must be able to
weight in the normal, utility, and acro- maintain a steady climb gradient of at
batic category must have a steady gra- least 1.5 percent at a pressure altitude
dient of climb after takeoff of at least of 5,000 feet with the—
4 percent with (i) Critical engine inoperative and its
(1) Take off power on each engine; propeller in the minimum drag posi-
(2) The landing gear extended, except tion;
that if the landing gear can be re- (ii) Remaining engine(s) at not more
tracted in not more than seven sec- than maximum continuous power;
onds, the test may be conducted with (iii) Landing gear retracted;
the gear retracted; (iv) Wing flaps retracted; and
(3) The wing flaps in the takeoff posi- (v) Climb speed not less than 1.2 VS1.
tion(s); and (2) For each airplane that meets the
(4) A climb speed as specified in requirements prescribed in § 23.562(d),
§ 23.65(a)(4). or that has a VSO of 61 knots or less,
[Doc. No. 27807, 61 FR 5186, Feb. 9, 1996, as the steady gradient of climb or descent
amended by Amdt. 23–62, 76 FR 75753, Dec. 2, at a pressure altitude of 5,000 feet must
2011] be determined with the—
(i) Critical engine inoperative and its
§ 23.66 Takeoff climb: One-engine inop- propeller in the minimum drag posi-
erative. tion;
For normal, utility, and acrobatic (ii) Remaining engine(s) at not more
category reciprocating engine-powered than maximum continuous power;
airplanes of more than 6,000 pounds (iii) Landing gear retracted;

maximum weight, and turbine engine- (iv) Wing flaps retracted; and
powered airplanes in the normal, util- (v) Climb speed not less than 1.2VS1.
200
(b) For normal, utility, and acrobatic (iv) Wing flaps retracted; and
category reciprocating engine-powered (v) Climb speed not less than 1.2 VS1.
airplanes of more than 6,000 pounds (d) For jets over 6,000 pounds max-
maximum weight, and turbopropeller- imum weight in the normal, utility and
powered airplanes in the normal, util- acrobatic category and commuter cat-
ity, and acrobatic category— egory airplanes, the following apply:
(1) The steady gradient of climb at an (1) Takeoff; landing gear extended. The
altitude of 400 feet above the takeoff steady gradient of climb at the altitude
must be no less than 1 percent with of the takeoff surface must be measur-
the— ably positive for two-engine airplanes,
(i) Critical engine inoperative and its not less than 0.3 percent for three-en-
propeller in the minimum drag posi- gine airplanes, or 0.5 percent for four-
tion; engine airplanes with—
(ii) Remaining engine(s) at takeoff (i) The critical engine inoperative
power; and its propeller in the position it rap-
(iii) Landing gear retracted; idly and automatically assumes;
(iv) Wing flaps in the takeoff posi- (ii) The remaining engine(s) at take-
tion(s); and off power;
(v) Climb speed equal to that (iii) The landing gear extended, and
achieved at 50 feet in the demonstra- all landing gear doors open;
tion of § 23.53. (iv) The wing flaps in the takeoff po-
(2) The steady gradient of climb must sition(s);
not be less than 0.75 percent at an alti- (v) The wings level; and
tude of 1,500 feet above the takeoff sur-
(vi) A climb speed equal to V2.
face, or landing surface, as appropriate,
(2) Takeoff; landing gear retracted. The
with the—
steady gradient of climb at an altitude
(i) Critical engine inoperative and its
of 400 feet above the takeoff surface
propeller in the minimum drag posi-
must be not less than 2.0 percent of
tion;
two-engine airplanes, 2.3 percent for
(ii) Remaining engine(s) at not more
three-engine airplanes, and 2.6 percent
than maximum continuous power;
for four-engine airplanes with—
(iii) Landing gear retracted;
(i) The critical engine inoperative
(iv) Wing flaps retracted; and
and its propeller in the position it rap-
(v) Climb speed not less than 1.2 VS1.
idly and automatically assumes;
(c) For normal, utility, and acrobatic
category jets of 6,000 pounds or less (ii) The remaining engine(s) at take-
maximum weight— off power;
(1) The steady gradient of climb at an (iii) The landing gear retracted;
altitude of 400 feet above the takeoff (iv) The wing flaps in the takeoff po-
must be no less than 1.2 percent with sition(s);
the— (v) A climb speed equal to V2.
(i) Critical engine inoperative; (3) Enroute. The steady gradient of
(ii) Remaining engine(s) at takeoff climb at an altitude of 1,500 feet above
power; the takeoff or landing surface, as ap-
(iii) Landing gear retracted; propriate, must be not less than 1.2
(iv) Wing flaps in the takeoff posi- percent for two-engine airplanes, 1.5
tion(s); and percent for three-engine airplanes, and
(v) Climb speed equal to that 1.7 percent for four-engine airplanes
achieved at 50 feet in the demonstra- with—
tion of § 23.53. (i) The critical engine inoperative
(2) The steady gradient of climb may and its propeller in the minimum drag
not be less than 0.75 percent at an alti- position;
tude of 1,500 feet above the takeoff sur- (ii) The remaining engine(s) at not
face, or landing surface, as appropriate, more than maximum continuous
with the— power;
(i) Critical engine inoperative; (iii) The landing gear retracted;
(ii) Remaining engine(s) at not more (iv) The wing flaps retracted; and
than maximum continuous power; (v) A climb speed not less than 1.2
(iii) Landing gear retracted; VS1.
201
§ 23.69 14 CFR Ch. I (1–1–17 Edition)
(4) Discontinued approach. The steady § 23.71 Glide: Single-engine airplanes.

gradient of climb at an altitude of 400 The maximum horizontal distance
feet above the landing surface must be traveled in still air, in nautical miles,
not less than 2.1 percent for two-engine per 1,000 feet of altitude lost in a glide,
airplanes, 2.4 percent for three-engine and the speed necessary to achieve this
airplanes, and 2.7 percent for four-en- must be determined with the engine in-
gine airplanes, with— operative, its propeller in the min-
(i) The critical engine inoperative imum drag position, and landing gear
and its propeller in the minimum drag and wing flaps in the most favorable
position; available position.
(ii) The remaining engine(s) at take- [Doc. No. 27807, 61 FR 5187, Feb. 9, 1996]
off power;
(iii) Landing gear retracted; § 23.73 Reference landing approach
(iv) Wing flaps in the approach posi- speed.
tion(s) in which VS1 for these posi- (a) For normal, utility, and acrobatic
tion(s) does not exceed 110 percent of category reciprocating engine-powered
the VS1 for the related all-engines-oper- airplanes of 6,000 pounds or less max-
ated landing position(s); and imum weight, the reference landing ap-
(v) A climb speed established in con- proach speed, VREF, may not be less
nection with normal landing proce- than the greater of VMC, determined in
§ 23.149(b) with the wing flaps in the
dures but not exceeding 1.5 VS1.
most extended takeoff position, and 1.3
[Doc. No. 27807, 61 FR 5186, Feb. 9, 1996, as VS1.
amended by Amdt. 23–62, 76 FR 75754, Dec. 2, (b) For normal, utility, and acrobatic
2011] category turbine powered airplanes of
6,000 pounds or less maximum weight,
§ 23.69 Enroute climb/descent. turboprops of more than 6,000 pounds
(a) All engines operating. The steady maximum weight, and reciprocating
gradient and rate of climb must be de- engine-powered airplanes of more than
termined at each weight, altitude, and 6,000 pounds maximum weight, the ref-
ambient temperature within the oper- erence landing approach speed, VREF,
ational limits established by the appli- may not be less than the greater of
VMC, determined in § 23.149(c), and 1.3
cant with—
VS1.
(1) Not more than maximum contin- (c) For normal, utility, and acrobatic
uous power on each engine; category jets of more than 6,000 pounds
(2) The landing gear retracted; maximum weight and commuter cat-
(3) The wing flaps retracted; and egory airplanes, the reference landing
(4) A climb speed not less than 1.3 approach speed, VREF, may not be less
VS1. than the greater of 1.05 VMC, deter-
(b) One engine inoperative. The steady mined in § 23.149(c), and 1.3 VS1.
gradient and rate of climb/descent [Amdt. 23–62, 76 FR 75754, Dec. 2, 2011]
must be determined at each weight, al-
titude, and ambient temperature with- § 23.75 Landing distance.
in the operational limits established by The horizontal distance necessary to
the applicant with— land and come to a complete stop from
(1) The critical engine inoperative a point 50 feet above the landing sur-
and its propeller in the minimum drag face must be determined, for standard
position; temperatures at each weight and alti-
(2) The remaining engine(s) at not tude within the operational limits es-
more than maximum continuous tablished for landing, as follows:
power; (a) A steady approach at not less
(3) The landing gear retracted; than VREF, determined in accordance
(4) The wing flaps retracted; and with § 23.73 (a), (b), or (c), as appro-
priate, must be maintained down to the
(5) A climb speed not less than 1.2

VS1. 50 foot height and—
(1) The steady approach must be at a
[Doc. No. 27807, 61 FR 5187, Feb. 9, 1996] gradient of descent not greater than 5.2
202
percent (3 degrees) down to the 50-foot (3) The wing flaps in the landing posi-
height. tion, except that if the flaps may safely
(2) In addition, an applicant may be retracted in two seconds or less
demonstrate by tests that a maximum without loss of altitude and without
steady approach gradient steeper than sudden changes of angle of attack, they
5.2 percent, down to the 50-foot height, may be retracted; and
is safe. The gradient must be estab- (4) A climb speed equal to VREF, as de-
lished as an operating limitation and fined in § 23.73(a).
the information necessary to display (b) Each normal, utility, and acro-
the gradient must be available to the batic category reciprocating engine-
pilot by an appropriate instrument. powered and single engine turbine pow-
(b) A constant configuration must be ered airplane of more than 6,000 pounds
maintained throughout the maneuver. maximum weight, and multiengine tur-
(c) The landing must be made with- bine engine-powered airplane of 6,000
out excessive vertical acceleration or pounds or less maximum weight in the
tendency to bounce, nose over, ground normal, utility, and acrobatic category
loop, porpoise, or water loop. must be able to maintain a steady gra-
(d) It must be shown that a safe tran- dient of climb of at least 2.5 percent
sition to the balked landing conditions with—
of § 23.77 can be made from the condi- (1) Not more than the power that is
tions that exist at the 50 foot height, at available on each engine eight seconds
maximum landing weight, or at the after initiation of movement of the
maximum landing weight for altitude power controls from minimum flight-
and temperature of § 23.63 (c)(2) or idle position;
(d)(2), as appropriate. (2) The landing gear extended;
(e) The brakes must be used so as to (3) The wing flaps in the landing posi-
not cause excessive wear of brakes or tion; and
tires. (4) A climb speed equal to VREF, as de-
(f) Retardation means other than fined in § 23.73(b).
wheel brakes may be used if that (c) Each normal, utility, and acro-
means— batic multiengine turbine powered air-
(1) Is safe and reliable; and plane over 6,000 pounds maximum
(2) Is used so that consistent results weight and each commuter category
can be expected in service. airplane must be able to maintain a
(g) If any device is used that depends steady gradient of climb of at least 3.2
on the operation of any engine, and the percent with—
landing distance would be increased (1) Not more than the power that is
when a landing is made with that en- available on each engine eight seconds
gine inoperative, the landing distance after initiation of movement of the
must be determined with that engine power controls from the minimum
inoperative unless the use of other flight idle position;
compensating means will result in a (2) Landing gear extended;
landing distance not more than that (3) Wing flaps in the landing position;
with each engine operating. and
[Amdt. 23–21, 43 FR 2318, Jan. 16, 1978, as (4) A climb speed equal to VREF, as de-
amended by Amdt. 23–34, 52 FR 1828, Jan. 15, fined in § 23.73(c).
1987; Amdt. 23–42, 56 FR 351, Jan. 3, 1991; [Doc. No. 27807, 61 FR 5187, Feb. 9, 1996, as
Amdt. 23–50, 61 FR 5187, Feb. 9, 1996] amended by Amdt. 23–62, 76 FR 75754, Dec. 2,
2011]
§ 23.77 Balked landing.
(a) Each normal, utility, and acro- FLIGHT CHARACTERISTICS
batic category reciprocating engine-
powered airplane at 6,000 pounds or less § 23.141 General.
maximum weight must be able to The airplane must meet the require-
maintain a steady gradient of climb at ments of §§ 23.143 through 23.253 at all
sea level of at least 3.3 percent with— practical loading conditions and oper-
(1) Takeoff power on each engine; ating altitudes for which certification
(2) The landing gear extended; has been requested, not exceeding the
203
§ 23.143 14 CFR Ch. I (1–1–17 Edition)
maximum operating altitude estab- lows prompt acceleration to the trim

lished under § 23.1527, and without re- speed with—
quiring exceptional piloting skill, (1) Maximum continuous power on
alertness, or strength. each engine;
[Doc. No. 26269, 58 FR 42156, Aug. 6, 1993] (2) Power off; and
(3) Wing flap and landing gear—
CONTROLLABILITY AND (i) retracted, and
MANEUVERABILITY (ii) extended.
(b) Unless otherwise required, it must
§ 23.143 General. be possible to carry out the following
(a) The airplane must be safely con- maneuvers without requiring the appli-
trollable and maneuverable during all cation of single-handed control forces
flight phases including— exceeding those specified in § 23.143(c).
(1) Takeoff; The trimming controls must not be ad-
(2) Climb; justed during the maneuvers:
(3) Level flight; (1) With the landing gear extended,
(4) Descent; the flaps retracted, and the airplanes
(5) Go-around; and as nearly as possible in trim at 1.4 VS1,
(6) Landing (power on and power off) extend the flaps as rapidly as possible
with the wing flaps extended and re- and allow the airspeed to transition
tracted. from 1.4VS1 to 1.4 VSO:
(b) It must be possible to make a (i) With power off; and
smooth transition from one flight con- (ii) With the power necessary to
dition to another (including turns and maintain level flight in the initial con-
slips) without danger of exceeding the dition.
limit load factor, under any probable (2) With landing gear and flaps ex-
operating condition (including, for tended, power off, and the airplane as
multiengine airplanes, those condi- nearly as possible in trim at 1.3 VSO:
tions normally encountered in the sud- quickly apply takeoff power and re-
den failure of any engine). tract the flaps as rapidly as possible to
(c) If marginal conditions exist with the recommended go around setting
regard to required pilot strength, the and allow the airspeed to transition
control forces necessary must be deter- from 1.3 VSO to 1.3 VS1. Retract the gear
mined by quantitative tests. In no case when a positive rate of climb is estab-
may the control forces under the condi- lished.
tions specified in paragraphs (a) and (b) (3) With landing gear and flaps ex-
of this section exceed those prescribed tended, in level flight, power necessary
in the following table: to attain level flight at 1.1 VSO, and the
Values in pounds force applied airplane as nearly as possible in trim,
Pitch Roll Yaw
to the relevant control it must be possible to maintain ap-
(a) For temporary application:
proximately level flight while retract-
Stick .................................... 60 30 ............ ing the flaps as rapidly as possible with
Wheel (Two hands on rim) 75 50 ............ simultaneous application of not more
Wheel (One hand on rim) .. 50 25 ............ than maximum continuous power. If
Rudder Pedal ..................... ............ ............ 150
(b) For prolonged application .... 10 5 20 gated flat positions are provided, the
flap retraction may be demonstrated in
stages with power and trim reset for
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
level flight at 1.1 VS1, in the initial con-
1973; Amdt. 23–17, 41 FR 55464, Dec. 20, 1976; figuration for each stage—
Amdt. 23–45, 58 FR 42156, Aug. 6, 1993; Amdt. (i) From the fully extended position
23–50, 61 FR 5188, Feb. 9, 1996] to the most extended gated position;
(ii) Between intermediate gated posi-
§ 23.145 Longitudinal control. tions, if applicable; and
(a) With the airplane as nearly as (iii) From the least extended gated
possible in trim at 1.3 VS1, it must be position to the fully retracted position.
possible, at speeds below the trim (4) With power off, flaps and landing
speed, to pitch the nose downward so gear retracted and the airplane as
that the rate of increase in airspeed al- nearly as possible in trim at 1.4 VS1,
204
apply takeoff power rapidly while § 23.147 Directional and lateral con-
maintaining the same airspeed. trol.
(5) With power off, landing gear and (a) For each multiengine airplane, it
flaps extended, and the airplane as must be possible, while holding the
nearly as possible in trim at VREF, ob- wings level within five degrees, to
tain and maintain airspeeds between make sudden changes in heading safely
1.1 VSO, and either 1.7 VSO or VFE, in both directions. This ability must be
whichever is lower without requiring shown at 1.4 VS1 with heading changes
the application of two-handed control up to 15 degrees, except that the head-
forces exceeding those specified in ing change at which the rudder force
§ 23.143(c). corresponds to the limits specified in
(6) With maximum takeoff power, § 23.143 need not be exceeded, with the—
landing gear retracted, flaps in the (1) Critical engine inoperative and its
takeoff position, and the airplane as propeller in the minimum drag posi-
nearly as possible in trim at VFE appro- tion;
priate to the takeoff flap position, re- (2) Remaining engines at maximum
tract the flaps as rapidly as possible continuous power;
while maintaining constant speed. (3) Landing gear—
(c) At speeds above VMO/MMO, and up (i) Retracted; and
to the maximum speed shown under (ii) Extended; and
§ 23.251, a maneuvering capability of 1.5
(4) Flaps retracted.
g must be demonstrated to provide a
(b) For each multiengine airplane, it
margin to recover from upset or inad-
must be possible to regain full control
vertent speed increase.
of the airplane without exceeding a
(d) It must be possible, with a pilot bank angle of 45 degrees, reaching a
control force of not more than 10 dangerous attitude or encountering
pounds, to maintain a speed of not dangerous characteristics, in the event
more than VREF during a power-off glide of a sudden and complete failure of the
with landing gear and wing flaps ex- critical engine, making allowance for a
tended, for any weight of the airplane, delay of two seconds in the initiation
up to and including the maximum of recovery action appropriate to the
weight. situation, with the airplane initially in
(e) By using normal flight and power trim, in the following condition:
controls, except as otherwise noted in (1) Maximum continuous power on
paragraphs (e)(1) and (e)(2) of this sec- each engine;
tion, it must be possible to establish a (2) The wing flaps retracted;
zero rate of descent at an attitude suit-
(3) The landing gear retracted;
able for a controlled landing without
(4) A speed equal to that at which
exceeding the operational and struc-
compliance with § 23.69(a) has been
tural limitations of the airplane, as
shown; and
follows:
(5) All propeller controls in the posi-
(1) For single-engine and multiengine
tion at which compliance with § 23.69(a)
airplanes, without the use of the pri-
has been shown.
mary longitudinal control system.
(c) For all airplanes, it must be
(2) For multiengine airplanes—
shown that the airplane is safely con-
(i) Without the use of the primary di- trollable without the use of the pri-
rectional control; and mary lateral control system in any all-
(ii) If a single failure of any one con- engine configuration(s) and at any
necting or transmitting link would af- speed or altitude within the approved
fect both the longitudinal and direc- operating envelope. It must also be
tional primary control system, without shown that the airplane’s flight char-
the primary longitudinal and direc- acteristics are not impaired below a
tional control system. level needed to permit continued safe
flight and the ability to maintain atti-
[Doc. No. 26269, 58 FR 42157, Aug. 6, 1993;

Amdt. 23–45, 58 FR 51970, Oct. 5, 1993, as tudes suitable for a controlled landing
amended by Amdt. 23–50, 61 FR 5188, Feb. 9, without exceeding the operational and
1996] structural limitations of the airplane.
205
§ 23.149 14 CFR Ch. I (1–1–17 Edition)
If a single failure of any one con- operative must be established and des-
necting or transmitting link in the lat- ignated as the safe, intentional, one-
eral control system would also cause engine-inoperative speed, VSSE.
the loss of additional control sys- (e) At VMC, the rudder pedal force re-
tem(s), compliance with the above required to maintain control must not
quirement must be shown with those exceed 150 pounds and it must not be
additional systems also assumed to be necessary to reduce power of the opera-
inoperative. tive engine(s). During the maneuver,
the airplane must not assume any dan-
[Doc. No. 27807, 61 FR 5188, Feb. 9, 1996]
gerous attitude and it must be possible
§ 23.149 Minimum control speed. to prevent a heading change of more
than 20 degrees.
(a) VMC is the calibrated airspeed at (f) At the option of the applicant, to
which, when the critical engine is sud- comply with the requirements of
denly made inoperative, it is possible § 23.51(c)(1), VMCG may be determined.
to maintain control of the airplane VMCG is the minimum control speed on
with that engine still inoperative, and the ground, and is the calibrated air-
thereafter maintain straight flight at speed during the takeoff run at which,
the same speed with an angle of bank when the critical engine is suddenly
of not more than 5 degrees. The method made inoperative, it is possible to
used to simulate critical engine failure maintain control of the airplane using
must represent the most critical mode the rudder control alone (without the
of powerplant failure expected in serv- use of nosewheel steering), as limited
ice with respect to controllability. by 150 pounds of force, and using the
(b) VMC for takeoff must not exceed
lateral control to the extent of keeping
1.2 VS1, where VS1 is determined at the the wings level to enable the takeoff to
maximum takeoff weight. VMC must be be safely continued. In the determina-
determined with the most unfavorable tion of VMCG, assuming that the path of
weight and center of gravity position the airplane accelerating with all en-
and with the airplane airborne and the gines operating is along the centerline
ground effect negligible, for the takeoff of the runway, its path from the point
configuration(s) with— at which the critical engine is made in-
(1) Maximum available takeoff power operative to the point at which recov-
initially on each engine; ery to a direction parallel to the cen-
(2) The airplane trimmed for takeoff; terline is completed may not deviate
(3) Flaps in the takeoff position(s); more than 30 feet laterally from the
(4) Landing gear retracted; and
centerline at any point. VMCG must be
(5) All propeller controls in the rec-
established with—
ommended takeoff position through-
(1) The airplane in each takeoff con-
out.
figuration or, at the option of the ap-
(c) For all airplanes except recipro-
plicant, in the most critical takeoff
cating engine-powered airplanes of
configuration;
6,000 pounds or less maximum weight,
(2) Maximum available takeoff power
the conditions of paragraph (a) of this
on the operating engines;
section must also be met for the land- (3) The most unfavorable center of
ing configuration with— gravity;
(1) Maximum available takeoff power (4) The airplane trimmed for takeoff;
initially on each engine; and
(2) The airplane trimmed for an ap- (5) The most unfavorable weight in
proach, with all engines operating, at the range of takeoff weights.
VREF, at an approach gradient equal to
the steepest used in the landing dis- [Doc. No. 27807, 61 FR 5189, Feb. 9, 1996]
tance demonstration of § 23.75;
(3) Flaps in the landing position; § 23.151 Acrobatic maneuvers.
(4) Landing gear extended; and Each acrobatic and utility category
(5) All propeller controls in the posi- airplane must be able to perform safely
tion recommended for approach with the acrobatic maneuvers for which cer-
all engines operating. tification is requested. Safe entry

(d) A minimum speed to inten- speeds for these maneuvers must be de-
tionally render the critical engine in- termined.
206
§ 23.153 Control during landings. § 23.157 Rate of roll.

It must be possible, while in the land- (a) Takeoff. It must be possible, using
ing configuration, to safely complete a a favorable combination of controls, to
landing without exceeding the one- roll the airplane from a steady 30-de-
hand control force limits specified in gree banked turn through an angle of
§ 23.143(c) following an approach to 60 degrees, so as to reverse the direc-
land— tion of the turn within:
(a) At a speed of VREF minus 5 knots; (1) For an airplane of 6,000 pounds or
(b) With the airplane in trim, or as less maximum weight, 5 seconds from
nearly as possible in trim and without initiation of roll; and
the trimming control being moved (2) For an airplane of over 6,000
throughout the maneuver; pounds maximum weight,
(c) At an approach gradient equal to
the steepest used in the landing dis- (W + 500)/1,300
tance demonstration of § 23.75; and
seconds, but not more than 10 seconds,
(d) With only those power changes, if where W is the weight in pounds.
any, that would be made when landing
(b) The requirement of paragraph (a)
normally from an approach at VREF.
of this section must be met when roll-
[Doc. No. 27807, 61 FR 5189, Feb. 9, 1996] ing the airplane in each direction
with—
§ 23.155 Elevator control force in ma- (1) Flaps in the takeoff position;
neuvers.
(2) Landing gear retracted;
(a) The elevator control force needed (3) For a single-engine airplane, at
to achieve the positive limit maneu- maximum takeoff power; and for a
vering load factor may not be less multiengine airplane with the critical
than: engine inoperative and the propeller in
(1) For wheel controls, W/100 (where the minimum drag position, and the
W is the maximum weight) or 20 other engines at maximum takeoff
pounds, whichever is greater, except power; and
that it need not be greater than 50 (4) The airplane trimmed at a speed
pounds; or equal to the greater of 1.2 VS1 or 1.1
(2) For stick controls, W/140 (where W VMC, or as nearly as possible in trim for
is the maximum weight) or 15 pounds, straight flight.
whichever is greater, except that it (c) Approach. It must be possible,
need not be greater than 35 pounds.
using a favorable combination of con-
(b) The requirement of paragraph (a) trols, to roll the airplane from a steady
of this section must be met at 75 per- 30-degree banked turn through an angle
cent of maximum continuous power for
of 60 degrees, so as to reverse the direc-
reciprocating engines, or the maximum
tion of the turn within:
continuous power for turbine engines,
(1) For an airplane of 6,000 pounds or
and with the wing flaps and landing
gear retracted— less maximum weight, 4 seconds from
initiation of roll; and
(1) In a turn, with the trim setting
used for wings level flight at VO; and (2) For an airplane of over 6,000
pounds maximum weight,
(2) In a turn with the trim setting
used for the maximum wings level (W + 2,800)/2,200
flight speed, except that the speed may
not exceed VNE or VMO/MMO, whichever seconds, but not more than 7 seconds,
is appropriate. where W is the weight in pounds.
(c) There must be no excessive de- (d) The requirement of paragraph (c)
crease in the gradient of the curve of of this section must be met when roll-
stick force versus maneuvering load ing the airplane in each direction in
factor with increasing load factor. the following conditions—
(1) Flaps in the landing position(s);
[Amdt. 23–14, 38 FR 31819, Nov. 19, 1973; 38 FR

32784, Nov. 28, 1973, as amended by Amdt. 23– (2) Landing gear extended;
45, 58 FR 42158, Aug. 6, 1993; Amdt. 23–50, 61 (3) All engines operating at the power
FR 5189 Feb. 9, 1996] for a 3 degree approach; and
207
§ 23.161 14 CFR Ch. I (1–1–17 Edition)
(4) The airplane trimmed at VREF. (4) Approach with landing gear ex-
[Amdt. 23–14, 38 FR 31819, Nov. 19, 1973, as
tended and with—
amended by Amdt. 23–45, 58 FR 42158, Aug. 6, (i) A 3 degree angle of descent, with
1993; Amdt. 23–50, 61 FR 5189, Feb. 9, 1996] flaps retracted and at a speed of 1.4 VS1;
(ii) A 3 degree angle of descent, flaps
TRIM in the landing position(s) at VREF; and
(iii) An approach gradient equal to
§ 23.161 Trim. the steepest used in the landing dis-
(a) General. Each airplane must meet tance demonstrations of § 23.75, flaps in
the trim requirements of this section the landing position(s) at VREF.
after being trimmed and without fur- (d) In addition, each multiple air-
ther pressure upon, or movement of, plane must maintain longitudinal and
the primary controls or their cor- directional trim, and the lateral con-
responding trim controls by the pilot trol force must not exceed 5 pounds at
or the automatic pilot. In addition, it the speed used in complying with
must be possible, in other conditions of § 23.67(a), (b)(2), or (c)(3), as appro-
loading, configuration, speed and power priate, with—
to ensure that the pilot will not be un- (1) The critical engine inoperative,
duly fatigued or distracted by the need and if applicable, its propeller in the
to apply residual control forces exceed- minimum drag position;
ing those for prolonged application of (2) The remaining engines at max-
§ 23.143(c). This applies in normal oper- imum continuous power;
ation of the airplane and, if applicable, (3) The landing gear retracted;
to those conditions associated with the (4) Wing flaps retracted; and
failure of one engine for which per- (5) An angle of bank of not more than
formance characteristics are estab- five degrees.
lished. (e) In addition, each commuter cat-
(b) Lateral and directional trim. The egory airplane for which, in the deter-
airplane must maintain lateral and di- mination of the takeoff path in accord-
rectional trim in level flight with the ance with § 23.57, the climb in the take-
landing gear and wing flaps retracted off configuration at V2 extends beyond
as follows: 400 feet above the takeoff surface, it
(1) For normal, utility, and acrobatic must be possible to reduce the longitu-
category airplanes, at a speed of 0.9 VH, dinal and lateral control forces to 10
VC, or VMO/MO, whichever is lowest; and pounds and 5 pounds, respectively, and
(2) For commuter category airplanes, the directional control force must not
at all speeds from 1.4 VS1 to the lesser exceed 50 pounds at V2 with—
of VH or VMO/MMO. (1) The critical engine inoperative
(c) Longitudinal trim. The airplane and its propeller in the minimum drag
must maintain longitudinal trim under position;
each of the following conditions: (2) The remaining engine(s) at take-
(1) A climb with— off power;
(i) Takeoff power, landing gear re- (3) Landing gear retracted;
tracted, wing flaps in the takeoff posi- (4) Wing flaps in the takeoff posi-
tion(s), at the speeds used in deter- tion(s); and
mining the climb performance required (5) An angle of bank not exceeding 5
by § 23.65; and degrees.
(ii) Maximum continuous power at
the speeds and in the configuration [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
amended by Amdt. 23–21, 43 FR 2318, Jan. 16,
used in determining the climb perform- 1978; Amdt. 23–34, 52 FR 1828, Jan. 15, 1987;
ance required by § 23.69(a). Amdt. 23–42, 56 FR 351, Jan. 3, 1991; 56 FR
(2) Level flight at all speeds from the 5455, Feb. 11, 1991; Amdt. 23–50, 61 FR 5189,
lesser of VH and either VNO or VMO/MMO Feb. 9, 1996]
(as appropriate), to 1.4 VS1, with the
landing gear and flaps retracted. STABILITY
(3) A descent at VNO or VMO/MMO,
whichever is applicable, with power off § 23.171 General.

and with the landing gear and flaps re- The airplane must be longitudinally,
tracted. directionally, and laterally stable
208
under §§ 23.173 through 23.181. In addi- (3) Maximum continuous power; and
tion, the airplane must show suitable (4) The airplane trimmed at the speed
stability and control ‘‘feel’’ (static sta- used in determining the climb perform-
bility) in any condition normally en- ance required by § 23.69(a).
countered in service, if flight tests (b) Cruise. With flaps and landing
show it is necessary for safe operation. gear retracted and the airplane in trim
with power for level flight at represent-
§ 23.173 Static longitudinal stability. ative cruising speeds at high and low
Under the conditions specified in altitudes, including speeds up to VNO or
§ 23.175 and with the airplane trimmed VMO/MMO, as appropriate, except that
as indicated, the characteristics of the the speed need not exceed VH—
elevator control forces and the friction (1) For normal, utility, and acrobatic
within the control system must be as category airplanes, the stick force
follows: curve must have a stable slope at all
(a) A pull must be required to obtain speeds within a range that is the great-
and maintain speeds below the speci- er of 15 percent of the trim speed plus
fied trim speed and a push required to the resulting free return speed range,
obtain and maintain speeds above the or 40 knots plus the resulting free re-
specified trim speed. This must be turn speed range, above and below the
shown at any speed that can be ob- trim speed, except that the slope need
tained, except that speeds requiring a not be stable—
control force in excess of 40 pounds or (i) At speeds less than 1.3 VS1; or
speeds above the maximum allowable (ii) For airplanes with VNE estab-
speed or below the minimum speed for lished under § 23.1505(a), at speeds
steady unstalled flight, need not be greater than VNE; or
considered. (iii) For airplanes with VMO/MMO es-
(b) The airspeed must return to with- tablished under § 23.1505(c), at speeds
in the tolerances specified for applica- greater than VFC/MFC.
ble categories of airplanes when the (2) For commuter category airplanes,
control force is slowly released at any the stick force curve must have a sta-
speed within the speed range specified ble slope at all speeds within a range of
in paragraph (a) of this section. The ap- 50 knots plus the resulting free return
plicable tolerances are— speed range, above and below the trim
(1) The airspeed must return to with- speed, except that the slope need not be
in plus or minus 10 percent of the origi- stable—
nal trim airspeed; and (i) At speeds less than 1.4 VS1; or
(2) For commuter category airplanes, (ii) At speeds greater than VFC/MFC;
the airspeed must return to within plus or
or minus 7.5 percent of the original (iii) At speeds that require a stick
trim airspeed for the cruising condition force greater than 50 pounds.
specified in § 23.175(b). (c) Landing. The stick force curve
(c) The stick force must vary with
must have a stable slope at speeds be-
speed so that any substantial speed
tween 1.1 VS1 and 1.8 VS1 with—
change results in a stick force clearly
(1) Flaps in the landing position;
perceptible to the pilot.
(2) Landing gear extended; and
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as (3) The airplane trimmed at—
amended by Amdt. 23–14, 38 FR 31820 Nov. 19, (i) VREF, or the minimum trim speed
1973; Amdt. 23–34, 52 FR 1828, Jan. 15, 1987] if higher, with power off; and
§ 23.175 Demonstration of static longi- (ii) VREF with enough power to main-
tudinal stability. tain a 3 degree angle of descent.
Static longitudinal stability must be [Doc. No. 27807, 61 FR 5190, Feb. 9, 1996]
shown as follows:
(a) Climb. The stick force curve must § 23.177 Static directional and lateral
have a stable slope at speeds between stability.
85 and 115 percent of the trim speed, (a)(1) The static directional stability,
with— as shown by the tendency to recover

(1) Flaps retracted; from a wings level sideslip with the
(2) Landing gear retracted; rudder free, must be positive for any
209
§ 23.181 14 CFR Ch. I (1–1–17 Edition)
landing gear and flap position appro- imum continuous power, the aileron
priate to the takeoff, climb, cruise, ap- and rudder control movements and
proach, and landing configurations. forces must increase steadily, but not
This must be shown with symmetrical necessarily in constant proportion, as
power up to maximum continuous the angle of sideslip is increased up to
power, and at speeds from 1.2 VS1 up to the maximum appropriate to the type
VFE, VLE, VNO, VFC/MFC, whichever is ap- of airplane.
propriate. (2) At larger slip angles, up to the
(2) The angle of sideslip for these angle at which the full rudder or aile-
tests must be appropriate to the type ron control is used or a control force
of airplane. The rudder pedal force limit contained in § 23.143 is reached,
must not reverse at larger angles of the aileron and rudder control move-
sideslip, up to that at which full rudder ments and forces may not reverse as
is used or a control force limit in the angle of sideslip is increased.
§ 23.143 is reached, whichever occurs (3) Rapid entry into, and recovery
first, and at speeds from 1.2 VS1 to VO. from, a maximum sideslip considered
(b)(1) The static lateral stability, as appropriate for the airplane may not
shown by the tendency to raise the low result in uncontrollable flight charac-
wing in a sideslip with the aileron con- teristics.
trols free, may not be negative for any
[Doc. No. 27807, 61 FR 5190, Feb. 9, 1996, as
landing gear and flap position appro-
priate to the takeoff, climb, cruise, ap- 2011]
proach, and landing configurations.
This must be shown with symmetrical § 23.181 Dynamic stability.
power from idle up to 75 percent of
maximum continuous power at speeds (a) Any short period oscillation not
from 1.2 VS1 in the takeoff configura- including combined lateral-directional
tion(s) and at speeds from 1.3 VS1 in oscillations occurring between the
other configurations, up to the max- stalling speed and the maximum allow-
imum allowable airspeed for the con- able speed appropriate to the configu-
figuration being investigated (VFE, VLE, ration of the airplane must be heavily
VNO, VFC/MFC, whichever is appropriate) damped with the primary controls—
in the takeoff, climb, cruise, descent, (1) Free; and
and approach configurations. For the (2) In a fixed position.
landing configuration, the power must (b) Any combined lateral-directional
be that necessary to maintain a 3-de- oscillations (Dutch roll) occurring be-
gree angle of descent in coordinated tween the stalling speed and the max-
flight. imum allowable speed (VFE, VLE, VN0,
(2) The static lateral stability may VFC/MFC) appropriate to the configura-
not be negative at 1.2 VS1 in the takeoff tion of the airplane with the primary
configuration, or at 1.3 VS1 in other controls in both free and fixed position,
configurations. must be damped to 1⁄10 amplitude in:
(3) The angel of sideslip for these (1) Seven (7) cycles below 18,000 feet
tests must be appropriate to the type and
of airplane, but in no case may the con- (2) Thirteen (13) cycles from 18,000
stant heading sideslip angle be less feet to the certified maximum altitude.
than that obtainable with a 10 degree (c) If it is determined that the func-
bank or, if less, the maximum bank tion of a stability augmentation sys-
angle obtainable with full rudder de- tem, reference § 23.672, is needed to
flection or 150 pound rudder force. meet the flight characteristic require-
(c) Paragraph (b) of this section does ments of this part, the primary control
not apply to acrobatic category air- requirements of paragraphs (a)(2) and
planes certificated for inverted flight. (b)(2) of this section are not applicable
(d)(1) In straight, steady slips at 1.2 to the tests needed to verify the ac-
VS1 for any landing gear and flap posi- ceptability of that system.
tion appropriate to the takeoff, climb, (d) During the conditions as specified
cruise, approach, and landing configu- in § 23.175, when the longitudinal con-
rations, and for any symmetrical power trol force required to maintain speeds
conditions up to 50 percent of max- differing from the trim speed by at
210
least plus and minus 15 percent is sud- roll or yaw by the normal use of con-
denly released, the response of the air- trols.
plane must not exhibit any dangerous (f) Compliance with the requirements
characteristics nor be excessive in rela- of this section must be shown under
tion to the magnitude of the control the following conditions:
force released. Any long-period oscilla- (1) Wing flaps: Retracted, fully ex-
tion of flight path, phugoid oscillation, tended, and each intermediate normal
that results must not be so unstable as operating position, as appropriate for
to increase the pilot’s workload or oth- the phase of flight.
erwise endanger the airplane. (2) Landing gear: Retracted and ex-
tended as appropriate for the altitude.
[Amdt. 23–21, 43 FR 2318, Jan. 16, 1978, as
(3) Cowl flaps: Appropriate to configu-
1993; Amdt. 23–62, 76 FR 75755, Dec. 2, 2011] ration.
(4) Spoilers/speedbrakes: Retracted and
STALLS extended unless they have no
measureable effect at low speeds.
§ 23.201 Wings level stall. (5) Power:
(a) It must be possible to produce and (i) Power/Thrust off; and
to correct roll by unreversed use of the (ii) For reciprocating engine powered
rolling control and to produce and to airplanes: 75 percent of maximum con-
correct yaw by unreversed use of the tinuous power. However, if the power-
directional control, up to the time the to-weight ratio at 75 percent of max-
airplane stalls. imum continuous power results in
(b) The wings level stall characteris- nose-high attitudes exceeding 30 de-
tics must be demonstrated in flight as grees, the test may be carried out with
follows. Starting from a speed at least the power required for level flight in
10 knots above the stall speed, the ele- the landing configuration at maximum
vator control must be pulled back so landing weight and a speed of 1.4 VSO,
that the rate of speed reduction will except that the power may not be less
not exceed one knot per second until a than 50 percent of maximum contin-
stall is produced, as shown by either: uous power; or
(1) An uncontrollable downward (iii) For turbine engine powered air-
pitching motion of the airplane; planes: The maximum engine thrust,
(2) A downward pitching motion of except that it need not exceed the
the airplane that results from the acti- thrust necessary to maintain level
vation of a stall avoidance device (for flight at 1.5 VS1 (where VS1 corresponds
example, stick pusher); or to the stalling speed with flaps in the
(3) The control reaching the stop. approach position, the landing gear re-
(c) Normal use of elevator control for tracted, and maximum landing weight).
recovery is allowed after the downward (6) Trim: At 1.5 VS1 or the minimum
pitching motion of paragraphs (b)(1) or trim speed, whichever is higher.
(b)(2) of this section has unmistakably (7) Propeller: Full increase r.p.m. posi-
been produced, or after the control has tion for the power off condition.
been held against the stop for not less [Doc. No. 27807, 61 FR 5191, Feb. 9, 1996, as
than the longer of two seconds or the amended by Amdt. 23–62, 76 FR 75755, Dec. 2,
time employed in the minimum steady 2011]
slight speed determination of § 23.49.
(d) During the entry into and the re- § 23.203 Turning flight and accelerated
covery from the maneuver, it must be turning stalls.
possible to prevent more than 15 de- Turning flight and accelerated turn-
grees of roll or yaw by the normal use ing stalls must be demonstrated in
of controls except as provided for in tests as follows:
paragraph (e) of this section. (a) Establish and maintain a coordi-
(e) For airplanes approved with a nated turn in a 30 degree bank. Reduce
maximum operating altitude at or speed by steadily and progressively
above 25,000 feet during the entry into tightening the turn with the elevator
and the recovery from stalls performed until the airplane is stalled, as defined
at or above 25,000 feet, it must be pos- in § 23.201(b). The rate of speed reduc-
sible to prevent more than 25 degrees of tion must be constant, and—
211
§ 23.207 14 CFR Ch. I (1–1–17 Edition)
(1) For a turning flight stall, may not to the stalling speed with flaps in the
exceed one knot per second; and approach position, the landing gear re-
(2) For an accelerated turning stall, tracted, and maximum landing weight).
be 3 to 5 knots per second with steadily (6) Trim: The airplane trimmed at 1.5
increasing normal acceleration. VS1.
(b) After the airplane has stalled, as (7) Propeller: Full increase rpm posi-
defined in § 23.201(b), it must be possible tion for the power off condition.
to regain wings level flight by normal
use of the flight controls, but without [Amdt. 23–14, 38 FR 31820, Nov. 19, 1973, as
increasing power and without— amended by Amdt. 23–45, 58 FR 42159, Aug. 6,
(1) Excessive loss of altitude; 1993; Amdt. 23–50, 61 FR 5191, Feb. 9, 1996;
(2) Undue pitchup; Amdt. 23–62, 76 FR 75755, Dec. 2, 2011]
(3) Uncontrollable tendency to spin;
§ 23.207 Stall warning.
(4) Exceeding a bank angle of 60 de-
grees in the original direction of the (a) There must be a clear and distinc-
turn or 30 degrees in the opposite directive stall warning, with the flaps and
tion in the case of turning flight stalls; landing gear in any normal position, in
(5) Exceeding a bank angle of 90 de- straight and turning flight.
grees in the original direction of the (b) The stall warning may be fur-
turn or 60 degrees in the opposite direc- nished either through the inherent aer-
tion in the case of accelerated turning odynamic qualities of the airplane or
stalls; and by a device that will give clearly dis-
(6) Exceeding the maximum permis- tinguishable indications under ex-
sible speed or allowable limit load fac- pected conditions of flight. However, a
tor.
visual stall warning device that re-
(c) Compliance with the require-
quires the attention of the crew within
ments of this section must be shown
the cockpit is not acceptable by itself.
under the following conditions:
(1) Wings flaps: Retracted, fully ex- (c) During the stall tests required by
tended, and each intermediate normal § 23.201(b) and § 23.203(a)(1), the stall
operating position as appropriate for warning must begin at a speed exceed-
the phase of flight. ing the stalling speed by a margin of
(2) Landing gear: Retracted and ex- not less than 5 knots and must con-
tended as appropriate for the altitude. tinue until the stall occurs.
(3) Cowl flaps: Appropriate to configu- (d) When following procedures fur-
ration. nished in accordance with § 23.1585, the
(4) Spoilers/speedbrakes: Retracted and stall warning must not occur during a
extended unless they have no takeoff with all engines operating, a
measureable effect at low speeds. takeoff continued with one engine in-
(5) Power: operative, or during an approach to
(i) Power/Thrust off; and landing.
(ii) For reciprocating engine powered (e) During the stall tests required by
airplanes: 75 percent of maximum con- § 23.203(a)(2), the stall warning must
tinuous power. However, if the power- begin sufficiently in advance of the
to-weight ratio at 75 percent of max- stall for the stall to be averted by pilot
imum continuous power results in
action taken after the stall warning
nose-high attitudes exceeding 30 de-
first occurs.
grees, the test may be carried out with
the power required for level flight in (f) For acrobatic category airplanes,
the landing configuration at maximum an artificial stall warning may be mu-
landing weight and a speed of 1.4 VSO, table, provided that it is armed auto-
except that the power may not be less matically during takeoff and rearmed
than 50 percent of maximum contin- automatically in the approach configu-
uous power; or ration.
(iii) For turbine engine powered air- [Amdt. 23–7, 34 FR 13087, Aug. 13, 1969, as
planes: The maximum engine thrust,

except that it need not exceed the 1993; Amdt. 23–50, 61 FR 5191, Feb. 9, 1996]
thrust necessary to maintain level
flight at 1.5 VS1 (where VS1 corresponds
212
SPINNING with the ailerons in the neutral posi-

tion, and then with the ailerons de-
§ 23.221 Spinning. flected opposite the direction of turn in
(a) Normal category airplanes. A sin- the most adverse manner. Power and
gle-engine, normal category airplane airplane configuration must be set in
must be able to recover from a one- accordance with § 23.201(e) without
turn spin or a three-second spin, which- change during the maneuver. At the
ever takes longer, in not more than one end of seven seconds or a 360 degree
additional turn after initiation of the heading change, the airplane must re-
first control action for recovery, or spond immediately and normally to
demonstrate compliance with the op- primary flight controls applied to re-
tional spin resistant requirements of gain coordinated, unstalled flight with-
this section. out reversal of control effect and with-
(1) The following apply to one turn or out exceeding the temporary control
three second spins: forces specified by § 23.143(c); and
(i) For both the flaps-retracted and (iii) Compliance with §§ 23.201 and
flaps-extended conditions, the applica- 23.203 must be demonstrated with the
ble airspeed limit and positive limit airplane in uncoordinated flight, cor-
maneuvering load factor must not be responding to one ball width displace-
exceeded; ment on a slip-skid indicator, unless
(ii) No control forces or char- one ball width displacement cannot be
acteristic encountered during the spin obtained with full rudder, in which
or recovery may adversely affect case the demonstration must be with
prompt recovery; full rudder applied.
(iii) It must be impossible to obtain (b) Utility category airplanes. A utility
unrecoverable spins with any use of the category airplane must meet the re-
flight or engine power controls either quirements of paragraph (a) of this sec-
at the entry into or during the spin; tion. In addition, the requirements of
and paragraph (c) of this section and
(iv) For the flaps-extended condition, § 23.807(b)(7) must be met if approval for
the flaps may be retracted during the
spinning is requested.
recovery but not before rotation has
(c) Acrobatic category airplanes. An ac-
ceased.
(2) At the applicant’s option, the air- robatic category airplane must meet
plane may be demonstrated to be spin the spin requirements of paragraph (a)
resistant by the following: of this section and § 23.807(b)(6). In addi-
(i) During the stall maneuver con- tion, the following requirements must
tained in § 23.201, the pitch control be met in each configuration for which
must be pulled back and held against approval for spinning is requested:
the stop. Then, using ailerons and rud- (1) The airplane must recover from
ders in the proper direction, it must be any point in a spin up to and including
possible to maintain wings-level flight six turns, or any greater number of
within 15 degrees of bank and to roll turns for which certification is re-
the airplane from a 30 degree bank in quested, in not more than one and one-
one direction to a 30 degree bank in the half additional turns after initiation of
other direction; the first control action for recovery.
(ii) Reduce the airplane speed using However, beyond three turns, the spin
pitch control at a rate of approxi- may be discontinued if spiral charac-
mately one knot per second until the teristics appear.
pitch control reaches the stop; then, (2) The applicable airspeed limits and
with the pitch control pulled back and limit maneuvering load factors must
held against the stop, apply full rudder not be exceeded. For flaps-extended
control in a manner to promote spin configurations for which approval is re-
entry for a period of seven seconds or quested, the flaps must not be re-
through a 360 degree heading change, tracted during the recovery.
whichever occurs first. If the 360 degree (3) It must be impossible to obtain
heading change is reached first, it must unrecoverable spins with any use of the
have taken no fewer than four seconds. flight or engine power controls either
This maneuver must be performed first at the entry into or during the spin.
213
§ 23.231 14 CFR Ch. I (1–1–17 Edition)
(4) There must be no characteristics and when takeoffs and landings are
during the spin (such as excessive rates performed on unpaved runways having
of rotation or extreme oscillatory mo- the roughest surface that may reason-
tion) that might prevent a successful ably be expected in normal operation.
recovery due to disorientation or inca-
[Doc. No. 27807, 61 FR 5192, Feb. 9, 1996]
pacitation of the pilot.
[Doc. No. 27807, 61 FR 5191, Feb. 9, 1996] § 23.237 Operation on water.
GROUND AND WATER HANDLING A wave height, demonstrated to be
CHARACTERISTICS safe for operation, and any necessary
water handling procedures for sea-
§ 23.231 Longitudinal stability and planes and amphibians must be estab-
control. lished.
(a) A landplane may have no uncon- [Doc. No. 27807, 61 FR 5192, Feb. 9, 1996]
trollable tendency to nose over in any
reasonably expected operating condi- § 23.239 Spray characteristics.
tion, including rebound during landing
or takeoff. Wheel brakes must operate Spray may not dangerously obscure
smoothly and may not induce any the vision of the pilots or damage the
undue tendency to nose over. propellers or other parts of a seaplane
(b) A seaplane or amphibian may not or amphibian at any time during tax-
have dangerous or uncontrollable iing, takeoff, and landing.
porpoising characteristics at any nor-
mal operating speed on the water. MISCELLANEOUS FLIGHT REQUIREMENTS
§ 23.233 Directional stability and con- § 23.251 Vibration and buffeting.

trol. (a) There must be no vibration or
(a) A 90 degree cross-component of buffeting severe enough to result in
wind velocity, demonstrated to be safe structural damage, and each part of
for taxiing, takeoff, and landing must the airplane must be free from exces-
be established and must be not less sive vibration, under any appropriate
than 0.2 VSO. speed and power conditions up to VD/
(b) The airplane must be satisfac- MD, or VDF/MDF for turbojets. In addi-
torily controllable in power-off land- tion, there must be no buffeting in any
ings at normal landing speed, without normal flight condition, including con-
using brakes or engine power to main- figuration changes during cruise, se-
tain a straight path until the speed has vere enough to interfere with the satis-
decreased to at least 50 percent of the factory control of the airplane or cause
speed at touchdown. excessive fatigue to the flight crew.
(c) The airplane must have adequate Stall warning buffeting within these
directional control during taxiing. limits is allowable.
(d) Seaplanes must demonstrate sat- (b) There must be no perceptible buf-
isfactory directional stability and con- feting condition in the cruise configu-
trol for water operations up to the ration in straight flight at any speed
maximum wind velocity specified in up to VMO/MMO, except stall buffeting,
paragraph (a) of this section. which is allowable.
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as (c) For airplanes with MD greater
amended by Amdt. 23–45, 58 FR 42159, Aug. 6, than M 0.6 or a maximum operating al-
1993; Amdt. 23–50, 61 FR 5192, Feb. 9, 1996] titude greater than 25,000 feet, the posi-
tive maneuvering load factors at which
§ 23.235 Operation on unpaved sur- the onset of perceptible buffeting oc-
faces. curs must be determined with the air-
The airplane must be demonstrated plane in the cruise configuration for
to have satisfactory characteristics the ranges of airspeed or Mach number,
and the shock-absorbing mechanism weight, and altitude for which the air-
must not damage the structure of the plane is to be certificated. The enve-
airplane when the airplane is taxied on lopes of load factor, speed, altitude,
the roughest ground that may reason- and weight must provide a sufficient
ably be expected in normal operation range of speeds and load factors for
214
normal operations. Probable inad- Mach number at which effective speed

vertent excursions beyond the bound- warning occurs.
aries of the buffet onset envelopes may [Amdt. 23–7, 34 FR 13087, Aug. 13, 1969, as
not result in unsafe conditions. amended by Amdt. 23–26, 45 FR 60170, Sept.
11, 1980; Amdt. 23–45, 58 FR 42160, Aug. 6, 1993;
[Amdt. 23–62, 76 FR 75755, Dec. 2, 2011]
Amdt. 23–50, 61 FR 5192, Feb. 9, 1996; Amdt.
23–62, 76 FR 75755, Dec. 2, 2011]
§ 23.253 High speed characteristics.
If a maximum operating speed VMO/ § 23.255 Out of trim characteristics.
MMO is established under § 23.1505(c), For airplanes with an MD greater
the following speed increase and recov- than M 0.6 and that incorporate a
ery characteristics must be met: trimmable horizontal stabilizer, the
(a) Operating conditions and charac- following requirements for out-of-trim
teristics likely to cause inadvertent characteristics apply:
speed increases (including upsets in (a) From an initial condition with
pitch and roll) must be simulated with the airplane trimmed at cruise speeds
the airplane trimmed at any likely up to VMO/MMO, the airplane must have
speed up to VMO/MMO. These conditions satisfactory maneuvering stability and
and characteristics include gust upsets, controllability with the degree of out-
inadvertent control movements, low of-trim in both the airplane nose-up
and nose-down directions, which re-
stick force gradients in relation to con-
sults from the greater of the following:
trol friction, passenger movement, lev-
(1) A three-second movement of the
eling off from climb, and descent from longitudinal trim system at its normal
Mach to airspeed limit altitude. rate for the particular flight condition
(b) Allowing for pilot reaction time with no aerodynamic load (or an equiv-
after occurrence of the effective inher- alent degree of trim for airplanes that
ent or artificial speed warning speci- do not have a power-operated trim sys-
fied in § 23.1303, it must be shown that tem), except as limited by stops in the
the airplane can be recovered to a nor- trim system, including those required
mal attitude and its speed reduced to by § 23.655(b) for adjustable stabilizers;
VMO/MMO, without— or
(1) Exceptional piloting strength or (2) The maximum mistrim that can
skill; be sustained by the autopilot while
(2) Exceeding VD/MD, or VDF/MDF for maintaining level flight in the high
turbojets, the maximum speed shown speed cruising condition.
under § 23.251, or the structural limita- (b) In the out-of-trim condition speci-
tions; and fied in paragraph (a) of this section,
(3) Buffeting that would impair the when the normal acceleration is varied
from + l g to the positive and negative
pilot’s ability to read the instruments
values specified in paragraph (c) of this
or to control the airplane for recovery.
section, the following apply:
(c) There may be no control reversal (1) The stick force versus g curve
about any axis at any speed up to the must have a positive slope at any speed
maximum speed shown under § 23.251. up to and including VFC/MFC; and
Any reversal of elevator control force (2) At speeds between VFC/MFC and
or tendency of the airplane to pitch, VDF/MDF, the direction of the primary
roll, or yaw must be mild and readily longitudinal control force may not re-
controllable, using normal piloting verse.
techniques. (c) Except as provided in paragraphs
(d) Maximum speed for stability charac- (d) and (e) of this section, compliance
teristics, VFC/MFC. VFC/MFC may not be with the provisions of paragraph (a) of
less than a speed midway between VMO/ this section must be demonstrated in
MMO and VDF/MDF except that, for alti- flight over the acceleration range as
tudes where Mach number is the lim- follows:
(1) ¥1 g to + 2.5 g; or
iting factor, MFC need not exceed the

(2) 0 g to 2.0 g, and extrapolating by
an acceptable method to ¥1 g and + 2.5
g.
215
§ 23.301 14 CFR Ch. I (1–1–17 Edition)
(d) If the procedure set forth in para- imum loads to be expected in service)
graph (c)(2) of this section is used to and ultimate loads (limit loads multi-
demonstrate compliance and marginal plied by prescribed factors of safety).
conditions exist during flight test with Unless otherwise provided, prescribed
regard to reversal of primary longitu- loads are limit loads.
dinal control force, flight tests must be (b) Unless otherwise provided, the
accomplished from the normal accel- air, ground, and water loads must be
eration at which a marginal condition placed in equilibrium with inertia
is found to exist to the applicable limit
forces, considering each item of mass
specified in paragraph (b)(1) of this sec-
in the airplane. These loads must be
tion.
(e) During flight tests required by distributed to conservatively approxi-
paragraph (a) of this section, the limit mate or closely represent actual condi-
maneuvering load factors, prescribed in tions. Methods used to determine load
§§ 23.333(b) and 23.337, need not be ex- intensities and distribution on canard
ceeded. In addition, the entry speeds and tandem wing configurations must
for flight test demonstrations at nor- be validated by flight test measure-
mal acceleration values less than 1 g ment unless the methods used for de-
must be limited to the extent nec- termining those loading conditions are
essary to accomplish a recovery with- shown to be reliable or conservative on
out exceeding VDF/MDF. the configuration under consideration.
(f) In the out-of-trim condition speci- (c) If deflections under load would
fied in paragraph (a) of this section, it significantly change the distribution of
must be possible from an overspeed external or internal loads, this redis-
condition at VDF/MDF to produce at tribution must be taken into account.
least 1.5 g for recovery by applying not (d) Simplified structural design cri-
more than 125 pounds of longitudinal teria may be used if they result in de-
control force using either the primary sign loads not less than those pre-
longitudinal control alone or the pri- scribed in §§ 23.331 through 23.521. For
mary longitudinal control and the lon- airplane configurations described in
gitudinal trim system. If the longitu-
appendix A, § 23.1, the design criteria of
dinal trim is used to assist in pro-
appendix A of this part are an approved
ducing the required load factor, it must
equivalent of §§ 23.321 through 23.459. If
be shown at VDF/MDF that the longitu-
dinal trim can be actuated in the air- appendix A of this part is used, the en-
plane nose-up direction with the pri- tire appendix must be substituted for
mary surface loaded to correspond to the corresponding sections of this part.
the least of the following airplane [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30
nose-up control forces: FR 258, Jan. 9, 1965, as amended by Amdt. 23–
(1) The maximum control forces ex- 28, 47 FR 13315, Mar. 29, 1982; Amdt. 23–42, 56
pected in service, as specified in FR 352, Jan. 3, 1991; Amdt. 23–48, 61 FR 5143,
§§ 23.301 and 23.397. Feb. 9, 1996]
(2) The control force required to
produce 1.5 g. § 23.302 Canard or tandem wing con-
(3) The control force corresponding to figurations.
buffeting or other phenomena of such The forward structure of a canard or
intensity that it is a strong deterrent tandem wing configuration must:
to further application of primary longi- (a) Meet all requirements of subpart
tudinal control force. C and subpart D of this part applicable
[Doc. No. FAA–2009–0738, 76 FR 75755, Dec. 2, to a wing; and
2011] (b) Meet all requirements applicable
to the function performed by these sur-
Subpart C—Structure faces.
GENERAL [Amdt. 23–42, 56 FR 352, Jan. 3, 1991]

§ 23.301 Loads. § 23.303 Factor of safety.

(a) Strength requirements are speci- Unless otherwise provided, a factor of
fied in terms of limit loads (the max- safety of 1.5 must be used.
216
§ 23.305 Strength and deformation. (2) At each weight from the design
minimum weight to the design max-
(a) The structure must be able to imum weight; and
support limit loads without detri- (3) For each required altitude and
mental, permanent deformation. At weight, for any practicable distribution
any load up to limit loads, the defor- of disposable load within the operating
mation may not interfere with safe op- limitations specified in §§ 23.1583
eration. through 23.1589.
(b) The structure must be able to (c) When significant, the effects of
support ultimate loads without failure compressibility must be taken into ac-
for at least three seconds, except local count.
failures or structural instabilities be-
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
tween limit and ultimate load are ac-
ceptable only if the structure can sus- 1993]
tain the required ultimate load for at
least three seconds. However when § 23.331 Symmetrical flight conditions.
proof of strength is shown by dynamic (a) The appropriate balancing hori-
tests simulating actual load condi- zontal tail load must be accounted for
tions, the three second limit does not in a rational or conservative manner
apply. when determining the wing loads and
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as linear inertia loads corresponding to
amended by Amdt. 23–45, 58 FR 42160, Aug. 6, any of the symmetrical flight condi-
1993] tions specified in §§ 23.333 through
23.341.
§ 23.307 Proof of structure. (b) The incremental horizontal tail
(a) Compliance with the strength and loads due to maneuvering and gusts
must be reacted by the angular inertia
deformation requirements of § 23.305
of the airplane in a rational or conserv-
must be shown for each critical load
ative manner.
condition. Structural analysis may be
(c) Mutual influence of the aero-
used only if the structure conforms to
dynamic surfaces must be taken into
those for which experience has shown account when determining flight loads.
this method to be reliable. In other
cases, substantiating load tests must [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30
be made. Dynamic tests, including FR 258, Jan. 9, 1965, as amended by Amdt. 23–
42, 56 FR 352, Jan. 3, 1991]
structural flight tests, are acceptable if
the design load conditions have been § 23.333 Flight envelope.
simulated.
(a) General. Compliance with the
(b) Certain parts of the structure
strength requirements of this subpart
must be tested as specified in Subpart
must be shown at any combination of
D of this part.
airspeed and load factor on and within
FLIGHT LOADS the boundaries of a flight envelope
(similar to the one in paragraph (d) of
§ 23.321 General. this section) that represents the enve-
lope of the flight loading conditions
(a) Flight load factors represent the specified by the maneuvering and gust
ratio of the aerodynamic force compo- criteria of paragraphs (b) and (c) of this
nent (acting normal to the assumed section respectively.
longitudinal axis of the airplane) to the (b) Maneuvering envelope. Except
weight of the airplane. A positive flight where limited by maximum (static) lift
load factor is one in which the aero- coefficients, the airplane is assumed to
dynamic force acts upward, with re- be subjected to symmetrical maneu-
spect to the airplane. vers resulting in the following limit
(b) Compliance with the flight load load factors:
requirements of this subpart must be (1) The positive maneuvering load
shown— factor specified in § 23.337 at speeds up
(1) At each critical altitude within to VD;

the range in which the airplane may be (2) The negative maneuvering load
expected to operate; factor specified in § 23.337 at VC; and
217
§ 23.335 14 CFR Ch. I (1–1–17 Edition)
(3) Factors varying linearly with (iii) In addition, for commuter cat-
speed from the specified value at VC to egory airplanes, positive (up) and nega-
0.0 at VD for the normal and commuter tive (down) rough air gusts of 66 f.p.s.
category, and ¥1.0 at VD for the acro- at VB must be considered at altitudes
batic and utility categories. between sea level and 20,000 feet. The
(c) Gust envelope. (1) The airplane is gust velocity may be reduced linearly
assumed to be subjected to symmet- from 66 f.p.s. at 20,000 feet to 38 f.p.s. at
rical vertical gusts in level flight. The 50,000 feet.
resulting limit load factors must cor- (2) The following assumptions must
respond to the conditions determined be made:
as follows: (i) The shape of the gust is—
(i) Positive (up) and negative (down)
gusts of 50 f.p.s. at VC must be consid- U de ⎛ 2πs ⎞
ered at altitudes between sea level and U= ⎜ 1 − COS ⎟
20,000 feet. The gust velocity may be 2 ⎝ 25C ⎠
reduced linearly from 50 f.p.s. at 20,000 Where—
feet to 25 f.p.s. at 50,000 feet. s = Distance penetrated into gust (ft.);
(ii) Positive and negative gusts of 25 C = Mean geometric chord of wing (ft.); and
f.p.s. at VD must be considered at alti- Ude = Derived gust velocity referred to in
subparagraph (1) of this section.
tudes between sea level and 20,000 feet.
The gust velocity may be reduced lin- (ii) Gust load factors vary linearly
early from 25 f.p.s. at 20,000 feet to 12.5 with speed between VC and VD .
f.p.s. at 50,000 feet. (d) Flight envelope.
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as amended by Amdt. 23–7, 34 FR 13087, Aug. 13, 1969;
Amdt. 23–34, 52 FR 1829, Jan. 15, 1987]
§ 23.335 Design airspeeds. (a) Design cruising speed, VC. For VC

the following apply:
Except as provided in paragraph
(1) Where W/S′ = wing loading at the
(a)(4) of this section, the selected de- design maximum takeoff weight, Vc (in
sign airspeeds are equivalent airspeeds knots) may not be less than—
EC28SE91.001</GPH>
(EAS). (i) 33 √(W/S) (for normal, utility, and

commuter category airplanes);
218
EC28SE91.000</MATH>
(ii) 36 √(W/S) (for acrobatic category gin. If a rational analysis is used, the
airplanes). minimum speed margin must be
(2) For values of W/S more than 20, enough to provide for atmospheric
the multiplying factors may be de- variations (such as horizontal gusts),
creased linearly with W/S to a value of and the penetration of jet streams or
28.6 where W/S = 100. cold fronts), instrument errors, air-
(3) VC need not be more than 0.9 VH at frame production variations, and must
sea level. not be less than Mach 0.05.
(4) At altitudes where an MD is estab- (c) Design maneuvering speed VA. For
lished, a cruising speed MC limited by VA, the following applies:
compressibility may be selected. (1) VA may not be less than VS√n
(b) Design dive speed VD. For VD, the where—
following apply: (i) VS is a computed stalling speed
(1) VD/MD may not be less than 1.25 with flaps retracted at the design
VC/MC; and weight, normally based on the max-
(2) With VC min, the required minimum imum airplane normal force coeffi-
design cruising speed, VD (in knots) cients, CNA; and
may not be less than— (ii) n is the limit maneuvering load
(i) 1.40 Vc min (for normal and com- factor used in design
muter category airplanes); (2) The value of VA need not exceed
(ii) 1.50 VC min (for utility category the value of VC used in design.
airplanes); and (d) Design speed for maximum gust in-
(iii) 1.55 VC min (for acrobatic category tensity, VB. For VB, the following apply:
airplanes).
(1) VB may not be less than the speed
(3) For values of W/S more than 20,
determined by the intersection of the
the multiplying factors in paragraph
line representing the maximum posi-
(b)(2) of this section may be decreased
tive lift, CNMAX, and the line rep-
linearly with W/S to a value of 1.35
resenting the rough air gust velocity
where W/S = 100.
on the gust V-n diagram, or VS1√ ng,
(4) Compliance with paragraphs (b)(1)
whichever is less, where:
and (2) of this section need not be
shown if VD/MD is selected so that the (i) ng the positive airplane gust load
minimum speed margin between VC/MC factor due to gust, at speed VC (in ac-
and VD/MD is the greater of the fol- cordance with § 23.341), and at the par-
lowing: ticular weight under consideration; and
(i) The speed increase resulting when, (ii) VS1 is the stalling speed with the
from the initial condition of stabilized flaps retracted at the particular weight
flight at VC/MC, the airplane is assumed under consideration.
to be upset, flown for 20 seconds along (2) VB need not be greater than VC.
a flight path 7.5° below the initial path, [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
and then pulled up with a load factor of amended by Amdt. 23–7, 34 FR 13088, Aug. 13,
1.5 (0.5 g. acceleration increment). At 1969; Amdt. 23–16, 40 FR 2577, Jan. 14, 1975;
least 75 percent maximum continuous Amdt. 23–34, 52 FR 1829, Jan. 15, 1987; Amdt.
power for reciprocating engines, and 23–24, 52 FR 34745, Sept. 14, 1987; Amdt. 23–48,
maximum cruising power for turbines, 61 FR 5143, Feb. 9, 1996]
or, if less, the power required for VC/MC
§ 23.337 Limit maneuvering load fac-
for both kinds of engines, must be as- tors.
sumed until the pullup is initiated, at
which point power reduction and pilot- (a) The positive limit maneuvering
controlled drag devices may be used; load factor n may not be less than—
and either— (1) 2.1 + (24,000 ÷ (W + 10,000)) for nor-
(ii) Mach 0.05 for normal, utility, and mal and commuter category airplanes,
acrobatic category airplanes (at alti- where W = design maximum takeoff
tudes where MD is established); or weight, except that n need not be more
(iii) Mach 0.07 for commuter category than 3.8;
airplanes (at altitudes where MD is es- (2) 4.4 for utility category airplanes;
tablished) unless a rational analysis, or

including the effects of automatic sys- (3) 6.0 for acrobatic category air-
tems, is used to determine a lower mar- planes.
219
§ 23.341 14 CFR Ch. I (1–1–17 Edition)
(b) The negative limit maneuvering the horizontal tail gust loads are treated
load factor may not be less than— as a separate condition.
(1) 0.4 times the positive load factor [Amdt. 23–7, 34 FR 13088, Aug. 13, 1969, as
for the normal utility and commuter amended by Amdt. 23–42, 56 FR 352, Jan. 3,
categories; or 1991; Amdt. 23–48, 61 FR 5144, Feb. 9, 1996]
(2) 0.5 times the positive load factor
§ 23.343 Design fuel loads.
for the acrobatic category.
(c) Maneuvering load factors lower (a) The disposable load combinations
than those specified in this section must include each fuel load in the
may be used if the airplane has design range from zero fuel to the selected
features that make it impossible to ex- maximum fuel load.
ceed these values in flight. (b) If fuel is carried in the wings, the
maximum allowable weight of the air-
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as plane without any fuel in the wing
amended by Amdt. 23–7, 34 FR 13088, Aug. 13, tank(s) must be established as ‘‘max-
1969; Amdt. 23–34, 52 FR 1829, Jan. 15, 1987;
imum zero wing fuel weight,’’ if it is
Amdt. 23–48, 61 FR 5144, Feb. 9, 1996]
less than the maximum weight.
§ 23.341 Gust loads factors. (c) For commuter category airplanes,
a structural reserve fuel condition, not
(a) Each airplane must be designed to exceeding fuel necessary for 45 minutes
withstand loads on each lifting surface of operation at maximum continuous
resulting from gusts specified in power, may be selected. If a structural
§ 23.333(c). reserve fuel condition is selected, it
(b) The gust load for a canard or tan- must be used as the minimum fuel
dem wing configuration must be com- weight condition for showing compli-
puted using a rational analysis, or may ance with the flight load requirements
be computed in accordance with para- prescribed in this part and—
graph (c) of this section, provided that (1) The structure must be designed to
the resulting net loads are shown to be withstand a condition of zero fuel in
conservative with respect to the gust the wing at limit loads corresponding
criteria of § 23.333(c). to:
(c) In the absence of a more rational (i) Ninety percent of the maneu-
analysis, the gust load factors must be vering load factors defined in § 23.337,
computed as follows— and
(ii) Gust velocities equal to 85 per-
K g U de V a cent of the values prescribed in
n = 1+ § 23.333(c).
498 ( W/S) (2) The fatigue evaluation of the
Where— structure must account for any in-
crease in operating stresses resulting
Kg = 0.88μg / 5.3 + μg = gust alleviation factor;
μg = 2(W/S)/r Cag = airplane mass ratio;
from the design condition of paragraph
Ude = Derived gust velocities referred to in
(c)(1) of this section.
§ 23.333(c) (f.p.s.); (3) The flutter, deformation, and vi-
r = Density of air (slugs/cu.ft.); bration requirements must also be met
W/S = Wing loading (p.s.f.) due to the applica- with zero fuel in the wings.
ble weight of the airplane in the par- [Doc. No. 27805, 61 FR 5144, Feb. 9, 1996]
ticular load case.
W/S = Wing loading (p.s.f.); § 23.345 High lift devices.
C = Mean geometric chord (ft.);
g = Acceleration due to gravity (ft./sec.2) (a) If flaps or similar high lift devices
V = Airplane equivalent speed (knots); and are to be used for takeoff, approach or
a = Slope of the airplane normal force coeffi- landing, the airplane, with the flaps
cient curve CNA per radian if the gust fully extended at VF, is assumed to be
loads are applied to the wings and hori- subjected to symmetrical maneuvers
zontal tail surfaces simultaneously by a and gusts within the range determined
rational method. The wing lift curve by—

slope CL per radian may be used when the (1) Maneuvering, to a positive limit
gust load is applied to the wings only and load factor of 2.0; and
220
ER09FE96.010</MATH>
(2) Positive and negative gust of 25 § 23.349 Rolling conditions.

feet per second acting normal to the
The wing and wing bracing must be
flight path in level flight.
designed for the following loading con-
(b) VF must be assumed to be not less
ditions:
than 1.4 VS or 1.8 VSF, whichever is
greater, where— (a) Unsymmetrical wing loads appro-
priate to the category. Unless the fol-
(1) VS is the computed stalling speed
with flaps retracted at the design lowing values result in unrealistic
weight; and loads, the rolling accelerations may be
obtained by modifying the symmet-
(2) VSF is the computed stalling speed
with flaps fully extended at the design rical flight conditions in § 23.333(d) as
weight. follows:
(3) If an automatic flap load limiting (1) For the acrobatic category, in
device is used, the airplane may be de- conditions A and F, assume that 100
signed for the critical combinations of percent of the semispan wing airload
airspeed and flap position allowed by acts on one side of the plane of sym-
that device. metry and 60 percent of this load acts
(c) In determining external loads on on the other side.
the airplane as a whole, thrust, slip- (2) For normal, utility, and com-
stream, and pitching acceleration may muter categories, in Condition A, as-
be assumed to be zero. sume that 100 percent of the semispan
(d) The flaps, their operating mecha- wing airload acts on one side of the air-
nism, and their supporting structures, plane and 75 percent of this load acts
must be designed to withstand the con- on the other side.
ditions prescribed in paragraph (a) of (b) The loads resulting from the aile-
this section. In addition, with the flaps ron deflections and speeds specified in
fully extended at VF, the following con- § 23.455, in combination with an air-
ditions, taken separately, must be ac- plane load factor of at least two thirds
counted for: of the positive maneuvering load factor
(1) A head-on gust having a velocity used for design. Unless the following
of 25 feet per second (EAS), combined values result in unrealistic loads, the
with propeller slipstream cor- effect of aileron displacement on wing
responding to 75 percent of maximum torsion may be accounted for by adding
continuous power; and the following increment to the basic
(2) The effects of propeller slipstream airfoil moment coefficient over the ai-
corresponding to maximum takeoff leron portion of the span in the critical
power. condition determined in § 23.333(d):
[Doc. No. 27805, 61 FR 5144, Feb. 9, 1996] Dcm = ¥0.01d
§ 23.347 Unsymmetrical flight condi- where—
tions. Dcm is the moment coefficient increment; and
(a) The airplane is assumed to be sub- d is the down aileron deflection in degrees in
jected to the unsymmetrical flight con- the critical condition.
ditions of §§ 23.349 and 23.351. Unbal- [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
anced aerodynamic moments about the amended by Amdt. 23–7, 34 FR 13088, Aug. 13,
center of gravity must be reacted in a 1969; Amdt. 23–34, 52 FR 1829, Jan. 15, 1987;
rational or conservative manner, con- Amdt. 23–48, 61 FR 5144, Feb. 9, 1996]
sidering the principal masses fur-
nishing the reacting inertia forces. § 23.351 Yawing conditions.
(b) Acrobatic category airplanes cer- The airplane must be designed for
tified for flick maneuvers (snap roll) yawing loads on the vertical surfaces
must be designed for additional asym- resulting from the loads specified in
metric loads acting on the wing and §§ 23.441 through 23.445.
the horizontal tail.
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30

[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as FR 258, Jan. 9, 1965, as amended by Amdt. 23–
amended by Amdt. 23–48, 61 FR 5144, Feb. 9, 42, 56 FR 352, Jan. 3, 1991]
1996]
221
§ 23.361 14 CFR Ch. I (1–1–17 Edition)
§ 23.361 Engine torque. (2) One-third of the limit load factor

(a) Each engine mount and its sup- for flight condition A.
porting structure must be designed for (b) The side load prescribed in para-
the effects of— graph (a) of this section may be as-
(1) A limit engine torque cor- sumed to be independent of other flight
responding to takeoff power and pro- conditions.
peller speed acting simultaneously
with 75 percent of the limit loads from § 23.365 Pressurized cabin loads.
flight condition A of § 23.333(d); For each pressurized compartment,
(2) A limit engine torque cor- the following apply:
responding to maximum continuous (a) The airplane structure must be
power and propeller speed acting si- strong enough to withstand the flight
multaneously with the limit loads from loads combined with pressure differen-
flight condition A of § 23.333(d); and tial loads from zero up to the max-
(3) For turbopropeller installations, imum relief valve setting.
in addition to the conditions specified (b) The external pressure distribution
in paragraphs (a)(1) and (a)(2) of this in flight, and any stress concentra-
section, a limit engine torque cor- tions, must be accounted for.
responding to takeoff power and pro- (c) If landings may be made with the
peller speed, multiplied by a factor ac- cabin pressurized, landing loads must
counting for propeller control system be combined with pressure differential
malfunction, including quick feath- loads from zero up to the maximum al-
ering, acting simultaneously with lg lowed during landing.
level flight loads. In the absence of a
(d) The airplane structure must be
rational analysis, a factor of 1.6 must
strong enough to withstand the pres-
be used.
sure differential loads corresponding to
(b) For turbine engine installations,
the engine mounts and supporting the maximum relief valve setting mul-
structure must be designed to with- tiplied by a factor of 1.33, omitting
stand each of the following: other loads.
(1) A limit engine torque load im- (e) If a pressurized cabin has two or
posed by sudden engine stoppage due to more compartments separated by bulk-
malfunction or structural failure (such heads or a floor, the primary structure
as compressor jamming). must be designed for the effects of sud-
(2) A limit engine torque load im- den release of pressure in any compart-
posed by the maximum acceleration of ment with external doors or windows.
the engine. This condition must be investigated for
(c) The limit engine torque to be con- the effects of failure of the largest
sidered under paragraph (a) of this sec- opening in the compartment. The ef-
tion must be obtained by multiplying fects of intercompartmental venting
the mean torque by a factor of— may be considered.
(1) 1.25 for turbopropeller installa-
tions; § 23.367 Unsymmetrical loads due to
(2) 1.33 for engines with five or more engine failure.
cylinders; and (a) Turbopropeller airplanes must be
(3) Two, three, or four, for engines designed for the unsymmetrical loads
with four, three, or two cylinders, re- resulting from the failure of the crit-
spectively. ical engine including the following con-
[Amdt. 23–26, 45 FR 60171, Sept. 11, 1980, as ditions in combination with a single
amended by Amdt. 23–45, 58 FR 42160, Aug. 6, malfunction of the propeller drag lim-
1993] iting system, considering the probable
pilot corrective action on the flight
§ 23.363 Side load on engine mount. controls:
(a) Each engine mount and its sup- (1) At speeds between VMC and VD, the
porting structure must be designed for loads resulting from power failure be-
a limit load factor in a lateral direc- cause of fuel flow interruption are con-
tion, for the side load on the engine sidered to be limit loads.
mount, of not less than— (2) At speeds between VMC and VC, the
(1) 1.33, or loads resulting from the disconnection
222
of the engine compressor from the tur- (2) All possible combinations of the
bine or from loss of the turbine blades following—
are considered to be ultimate loads. (i) A yaw velocity of 2.5 radians per
(3) The time history of the thrust second;
decay and drag buildup occurring as a (ii) A pitch velocity of 1.0 radian per
result of the prescribed engine failures second;
must be substantiated by test or other
(iii) A normal load factor of 2.5; and
data applicable to the particular en-
gine-propeller combination. (iv) Maximum continuous thrust.
(4) The timing and magnitude of the (b) For airplanes approved for aero-
probable pilot corrective action must batic maneuvers, each engine mount
be conservatively estimated, consid- and its supporting structure must meet
ering the characteristics of the par- the requirements of paragraph (a) of
ticular engine-propeller-airplane com- this section and be designed to with-
bination. stand the load factors expected during
(b) Pilot corrective action may be as- combined maximum yaw and pitch ve-
sumed to be initiated at the time max- locities.
imum yawing velocity is reached, but (c) For airplanes certificated in the
not earlier than 2 seconds after the en- commuter category, each engine
gine failure. The magnitude of the cor- mount and its supporting structure
rective action may be based on the must meet the requirements of para-
limit pilot forces specified in § 23.397 graph (a) of this section and the gust
except that lower forces may be as-
conditions specified in § 23.341 of this
sumed where it is shown by analysis or
part.
test that these forces can control the
yaw and roll resulting from the pre- [Doc. No. 27805, 61 FR 5145, Feb. 9, 1996]
scribed engine failure conditions.
§ 23.373 Speed control devices.
[Amdt. 23–7, 34 FR 13089, Aug. 13, 1969]
If speed control devices (such as
§ 23.369 Rear lift truss. spoilers and drag flaps) are incor-
(a) If a rear lift truss is used, it must porated for use in enroute conditions—
be designed to withstand conditions of (a) The airplane must be designed for
reversed airflow at a design speed of— the symmetrical maneuvers and gusts
V = 8.7 √(W/S) + 8.7 (knots), where W/ prescribed in §§ 23.333, 23.337, and 23.341,
S = wing loading at design maximum and the yawing maneuvers and lateral
takeoff weight. gusts in §§ 23.441 and 23.443, with the de-
(b) Either aerodynamic data for the vice extended at speeds up to the
particular wing section used, or a value placard device extended speed; and
of CL equalling ¥0.8 with a chordwise
(b) If the device has automatic oper-
distribution that is triangular between
ating or load limiting features, the air-
a peak at the trailing edge and zero at
the leading edge, must be used. plane must be designed for the maneu-
ver and gust conditions prescribed in
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as paragraph (a) of this section at the
speeds and corresponding device posi-
1969; 34 FR 17509, Oct. 30, 1969; Amdt. 23–45, 58
FR 42160, Aug. 6, 1993; Amdt. 23–48, 61 FR tions that the mechanism allows.
5145, Feb. 9, 1996] [Amdt. 23–7, 34 FR 13089, Aug. 13, 1969]
§ 23.371 Gyroscopic and aerodynamic CONTROL SURFACE AND SYSTEM LOADS
loads.
(a) Each engine mount and its sup- § 23.391 Control surface loads.
porting structure must be designed for
The control surface loads specified in
the gyroscopic, inertial, and aero-
§§ 23.397 through 23.459 are assumed to
dynamic loads that result, with the en-
gine(s) and propeller(s), if applicable, occur in the conditions described in
at maximum continuous r.p.m., under §§ 23.331 through 23.351.
either: [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as

(1) The conditions prescribed in amended by Amdt. 23–48, 61 FR 5145, Feb. 9,
§ 23.351 and § 23.423; or 1996]
223
§ 23.393 14 CFR Ch. I (1–1–17 Edition)
§ 23.393 Loads parallel to hinge line. grips or pads as they would in flight,
and to react at the attachments of the
(a) Control surfaces and supporting
control system to the control surface
hinge brackets must be designed to
horns.
withstand inertial loads acting parallel
to the hinge line. [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
(b) In the absence of more rational amended by Amdt. 23–7, 34 FR 13089, Aug. 13,
data, the inertial loads may be as- 1969]
sumed to be equal to KW, where—
(1) K = 24 for vertical surfaces; § 23.397 Limit control forces and
(2) K = 12 for horizontal surfaces; and torques.
(3) W = weight of the movable sur- (a) In the control surface flight load-
faces. ing condition, the airloads on movable
[Doc. No. 27805, 61 FR 5145, Feb. 9, 1996]
surfaces and the corresponding deflec-
tions need not exceed those that would
§ 23.395 Control system loads. result in flight from the application of
any pilot force within the ranges speci-
(a) Each flight control system and its
fied in paragraph (b) of this section. In
supporting structure must be designed
applying this criterion, the effects of
for loads corresponding to at least 125
control system boost and servo-mecha-
percent of the computed hinge mo-
nisms, and the effects of tabs must be
ments of the movable control surface
considered. The automatic pilot effort
in the conditions prescribed in §§ 23.391
must be used for design if it alone can
through 23.459. In addition, the fol-
produce higher control surface loads
lowing apply:
than the human pilot.
(1) The system limit loads need not
exceed the higher of the loads that can (b) The limit pilot forces and torques
be produced by the pilot and automatic are as follows:
devices operating the controls. How- Maximum forces
ever, autopilot forces need not be added or torques for Minimum
design weight,
to pilot forces. The system must be de- Control weight equal to forces or
torques 2
signed for the maximum effort of the or less than
5,000 pounds 1
pilot or autopilot, whichever is higher.
In addition, if the pilot and the auto- Aileron:
pilot act in opposition, the part of the Stick ................................ 67 lbs ................ 40 lbs.
system between them may be designed Wheel 3 ............................ 50 D in.-lbs 4 ..... 40 D in.-
lbs.4
for the maximum effort of the one that
Elevator:
imposes the lesser load. Pilot forces Stick ................................ 167 lbs .............. 100 lbs.
used for design need not exceed the Wheel (symmetrical) ....... 200 lbs .............. 100 lbs.
maximum forces prescribed in Wheel (unsymmetrical) 5 ........................... 100 lbs.
§ 23.397(b). Rudder ................................ 200 lbs .............. 150 lbs.
(2) The design must, in any case, pro- 1 For design weight (W) more than 5,000 pounds, the speci-
vide a rugged system for service use, fied maximum values must be increased linearly with weight
to 1.18 times the specified values at a design weight of
considering jamming, ground gusts, 12,500 pounds and for commuter category airplanes, the
taxiing downwind, control inertia, and specified values must be increased linearly with weight to
1.35 times the specified values at a design weight of 19,000
friction. Compliance with this subpara- pounds.
graph may be shown by designing for 2 If the design of any individual set of control systems or
surfaces makes these specified minimum forces or torques in-
loads resulting from application of the applicable, values corresponding to the present hinge mo-
minimum forces prescribed in ments obtained under § 23.415, but not less than 0.6 of the
specified minimum forces or torques, may be used.
§ 23.397(b). 3 The critical parts of the aileron control system must also
(b) A 125 percent factor on computed be designed for a single tangential force with a limit value of
hinge moments must be used to design 1.25 times the couple force determined from the above cri-
teria.
elevator, aileron, and rudder systems. 4 D = wheel diameter (inches).
However, a factor as low as 1.0 may be 5 The unsymmetrical force must be applied at one of the
normal handgrip points on the control wheel.
used if hinge moments are based on ac-
curate flight test data, the exact reduc- [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
tion depending upon the accuracy and

reliability of the data. 1969; Amdt. 23–17, 41 FR 55464, Dec. 20, 1976;
(c) Pilot forces used for design are as- Amdt. 23–34, 52 FR 1829, Jan. 15, 1987; Amdt.
sumed to act at the appropriate control 23–45, 58 FR 42160, Aug. 6, 1993]
224
§ 23.399 Dual control system. nearest stops or gust locks and their
supporting structures.
(a) Each dual control system must be
designed to withstand the force of the (2) If pilot forces less than the mini-
pilots operating in opposition, using in- mums specified in § 23.397(b) are used
dividual pilot forces not less than the for design, the effects of surface loads
greater of— due to ground gusts and taxiing down-
(1) 0.75 times those obtained under wind must be investigated for the en-
§ 23.395; or tire control system according to the
(2) The minimum forces specified in formula:
§ 23.397(b). H=KcSq
(b) Each dual control system must be
where—
designed to withstand the force of the
pilots applied together, in the same di- H = limit hinge moment (ft.-lbs.);
rection, using individual pilot forces c = mean chord of the control surface aft of
not less than 0.75 times those obtained the hinge line (ft.);
under § 23.395. S = area of control surface aft of the hinge
line (sq. ft.);
[Doc. No. 27805, 61 FR 5145, Feb. 9, 1996] q = dynamic pressure (p.s.f.) based on a de-
sign speed not less than 14.6 √(W/S) + 14.6
§ 23.405 Secondary control system. (f.p.s.) where W/S = wing loading at de-
sign maximum weight, except that the
Secondary controls, such as wheel design speed need not exceed 88 (f.p.s.);
brakes, spoilers, and tab controls, must K = limit hinge moment factor for ground
be designed for the maximum forces gusts derived in paragraph (b) of this sec-
that a pilot is likely to apply to those tion. (For ailerons and elevators, a posi-
controls. tive value of K indicates a moment tend-
ing to depress the surface and a negative
§ 23.407 Trim tab effects. value of K indicates a moment tending to
raise the surface).
The effects of trim tabs on the con-
trol surface design conditions must be (b) The limit hinge moment factor K
accounted for only where the surface for ground gusts must be derived as fol-
loads are limited by maximum pilot ef- lows:
fort. In these cases, the tabs are con-
sidered to be deflected in the direction Surface K Position of controls
that would assist the pilot. These de- (a) Aileron ......... 0.75 Control column locked lashed in
flections must correspond to the max- mid-position.
imum degree of ‘‘out of trim’’ expected (b) Aileron ......... ±0.50 Ailerons at full throw; + moment
at the speed for the condition under on one aileron, ¥ moment on
the other.
consideration. (c) Elevator ....... ±0.75 (c) Elevator full up (¥).
(d) Elevator ....... ............ (d) Elevator full down ( + ).
§ 23.409 Tabs. (e) Rudder ......... ±0.75 (e) Rudder in neutral.
Control surface tabs must be de- (f) Rudder .......... ............ (f) Rudder at full throw.
signed for the most severe combination
of airspeed and tab deflection likely to (c) At all weights between the empty
be obtained within the flight envelope weight and the maximum weight de-
for any usable loading condition. clared for tie-down stated in the appro-
priate manual, any declared tie-down
§ 23.415 Ground gust conditions. points and surrounding structure, con-
(a) The control system must be inves- trol system, surfaces and associated
tigated as follows for control surface gust locks, must be designed to with-
loads due to ground gusts and taxiing stand the limit load conditions that
downwind: exist when the airplane is tied down
(1) If an investigation of the control and that result from wind speeds of up
system for ground gust loads is not re- to 65 knots horizontally from any di-
quired by paragraph (a)(2) of this sec- rection.
tion, but the applicant elects to design
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as

a part of the control system of these amended by Amdt. 23–7, 34 FR 13089, Aug. 13,
loads, these loads need only be carried 1969; Amdt. 23–45, 58 FR 42160, Aug. 6, 1993;
from control surface horns through the Amdt. 23–48, 61 FR 5145, Feb. 9, 1996]
225
§ 23.421 14 CFR Ch. I (1–1–17 Edition)
HORIZONTAL STABILIZING AND surface load for both nose-up and nose-
BALANCING SURFACES down pitching conditions is the sum of
the balancing loads at V and the speci-
§ 23.421 Balancing loads. fied value of the normal load factor n,
(a) A horizontal surface balancing plus the maneuvering load increment
load is a load necessary to maintain due to the specified value of the angu-
equilibrium in any specified flight con- lar acceleration.
dition with no pitching acceleration. [Amdt. 23–42, 56 FR 353, Jan. 3, 1991; 56 FR
(b) Horizontal balancing surfaces 5455, Feb. 11, 1991]
must be designed for the balancing
loads occurring at any point on the § 23.425 Gust loads.
limit maneuvering envelope and in the (a) Each horizontal surface, other
flap conditions specified in § 23.345. than a main wing, must be designed for
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as loads resulting from—
amended by Amdt. 23–7, 34 FR 13089, Aug. 13, (1) Gust velocities specified in
1969; Amdt. 23–42, 56 FR 352, Jan. 3, 1991] § 23.333(c) with flaps retracted; and
(2) Positive and negative gusts of 25
§ 23.423 Maneuvering loads. f.p.s. nominal intensity at VF cor-
Each horizontal surface and its sup- responding to the flight conditions
porting structure, and the main wing specified in § 23.345(a)(2).
of a canard or tandem wing configura- (b) [Reserved]
tion, if that surface has pitch control, (c) When determining the total load
must be designed for the maneuvering on the horizontal surfaces for the con-
loads imposed by the following condi- ditions specified in paragraph (a) of
tions: this section, the initial balancing loads
(a) A sudden movement of the pitch- for steady unaccelerated flight at the
ing control, at the speed VA, to the pertinent design speeds VF, VC, and VD
maximum aft movement, and the max- must first be determined. The incre-
imum forward movement, as limited by mental load resulting from the gusts
the control stops, or pilot effort, must be added to the initial balancing
whichever is critical. load to obtain the total load.
(b) A sudden aft movement of the (d) In the absence of a more rational
pitching control at speeds above VA, analysis, the incremental load due to
followed by a forward movement of the the gust must be computed as follows
pitching control resulting in the fol- only on airplane configurations with
lowing combinations of normal and an- aft-mounted, horizontal surfaces, un-
gular acceleration: less its use elsewhere is shown to be
conservative:
Normal Angular acceleration
Condition accelera-
tion (n) (radian/sec2) K g U de Va ht S ht ⎛ dε ⎞
Δ L ht = ⎜1 − ⎟
Nose-up pitching ........ 1.0 + 39nm ÷ V × (nm¥1.5)
498 ⎝ dα ⎠
Nose-down pitching .... nm ¥39nm ÷ V × (nm¥1.5)
where—
where— DLht = Incremental horizontal tailload (lbs.);
Kg = Gust alleviation factor defined in
(1) nm = positive limit maneuvering
§ 23.341;
load factor used in the design of the Ude = Derived gust velocity (f.p.s.);
airplane; and V = Airplane equivalent speed (knots);
(2) V = initial speed in knots. aht = Slope of aft horizontal lift curve (per ra-
The conditions in this paragraph indian)
volve loads corresponding to the loads Sht = Area of aft horizontal lift surface (ft2);
that may occur in a ‘‘checked maneu- and
ver’’ (a maneuver in which the pitching
control is suddenly displaced in one di- ⎛ dε ⎞
rection and then suddenly moved in the ⎜1 − ⎟ = Downwash factor
opposite direction). The deflections and
⎝ dα ⎠
EC28SE91.003</MATH>
timing of the ‘‘checked maneuver’’ [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
must avoid exceeding the limit maneu- amended by Amdt. 23–7, 34 FR 13089 Aug. 13,
vering load factor. The total horizontal 1969; Amdt. 23–42, 56 FR 353, Jan. 3, 1991]
226
EC28SE91.002</MATH>
§ 23.427 Unsymmetrical loads. VERTICAL SURFACES

(a) Horizontal surfaces other than § 23.441 Maneuvering loads.
main wing and their supporting struc-
(a) At speeds up to VA, the vertical
ture must be designed for unsymmet-
surfaces must be designed to withstand
rical loads arising from yawing and
the following conditions. In computing
slipstream effects, in combination with
the loads, the yawing velocity may be
the loads prescribed for the flight con-
assumed to be zero:
ditions set forth in §§ 23.421 through
(1) With the airplane in unacceler-
23.425.
ated flight at zero yaw, it is assumed
(b) In the absence of more rational that the rudder control is suddenly dis-
data for airplanes that are conven- placed to the maximum deflection, as
tional in regard to location of engines, limited by the control stops or by limit
wings, horizontal surfaces other than pilot forces.
main wing, and fuselage shape: (2) With the rudder deflected as speci-
(1) 100 percent of the maximum load- fied in paragraph (a)(1) of this section,
ing from the symmetrical flight condi- it is assumed that the airplane yaws to
tions may be assumed on the surface the overswing sideslip angle. In lieu of
on one side of the plane of symmetry; a rational analysis, an overswing angle
and equal to 1.5 times the static sideslip
(2) The following percentage of that angle of paragraph (a)(3) of this section
loading must be applied to the opposite may be assumed.
side: (3) A yaw angle of 15 degrees with the
Percent = 100 ¥ 10 (n ¥ 1), where n is the
rudder control maintained in the neu-
specified positive maneuvering load fac- tral position (except as limited by pilot
tor, but this value may not be more than strength).
80 percent. (b) For commuter category airplanes,
the loads imposed by the following ad-
(c) For airplanes that are not conven- ditional maneuver must be substan-
tional (such as airplanes with hori- tiated at speeds from VA to VD/MD.
zontal surfaces other than main wing When computing the tail loads—
having appreciable dihedral or sup- (1) The airplane must be yawed to the
ported by the vertical tail surfaces) the largest attainable steady state sideslip
surfaces and supporting structures angle, with the rudder at maximum de-
must be designed for combined vertical flection caused by any one of the fol-
and horizontal surface loads resulting lowing:
from each prescribed flight condition (i) Control surface stops;
taken separately. (ii) Maximum available booster ef-
[Amdt. 23–14, 38 FR 31820, Nov. 19, 1973, as fort;
amended by Amdt. 23–42, 56 FR 353, Jan. 3, (iii) Maximum pilot rudder force as
1991] shown below:
227
§ 23.441 14 CFR Ch. I (1–1–17 Edition)
(2) The rudder must be suddenly dis- (c) The yaw angles specified in para-
placed from the maximum deflection to graph (a)(3) of this section may be re-
the neutral position. duced if the yaw angle chosen for a par-
ticular speed cannot be exceeded in—
228
ER09FE96.006</GPH>
(1) Steady slip conditions; V = Equivalent airspeed (knots).

(2) Uncoordinated rolls from steep [Amdt. 23–7, 34 FR 13090, Aug. 13, 1969, as
banks; or amended by Amdt. 23–34, 52 FR 1830, Jan. 15,
(3) Sudden failure of the critical en- 1987; 52 FR 7262, Mar. 9, 1987; Amdt. 23–24, 52
gine with delayed corrective action. FR 34745, Sept. 14, 1987; Amdt. 23–42, 56 FR
353, Jan. 3, 1991; Amdt. 23–48, 61 FR 5147, Feb.
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as 9, 1996]
1969; Amdt. 23–14, 38 FR 31821, Nov. 19, 1973; § 23.445 Outboard fins or winglets.
Amdt. 23–28, 47 FR 13315, Mar. 29, 1982; Amdt.
23–42, 56 FR 353, Jan. 3, 1991; Amdt. 23–48, 61 (a) If outboard fins or winglets are in-
FR 5145, Feb. 9, 1996] cluded on the horizontal surfaces or
wings, the horizontal surfaces or wings
§ 23.443 Gust loads. must be designed for their maximum
(a) Vertical surfaces must be de- load in combination with loads induced
signed to withstand, in unaccelerated by the fins or winglets and moments or
flight at speed VC, lateral gusts of the forces exerted on the horizontal sur-
values prescribed for VC in § 23.333(c). faces or wings by the fins or winglets.
(b) In addition, for commuter cat- (b) If outboard fins or winglets ex-
egory airplanes, the airplane is as- tend above and below the horizontal
sumed to encounter derived gusts nor- surface, the critical vertical surface
mal to the plane of symmetry while in loading (the load per unit area as de-
unaccelerated flight at VB, VC, VD, and termined under §§ 23.441 and 23.443)
VF. The derived gusts and airplane must be applied to—
speeds corresponding to these condi- (1) The part of the vertical surfaces
tions, as determined by §§ 23.341 and above the horizontal surface with 80
23.345, must be investigated. The shape percent of that loading applied to the
of the gust must be as specified in part below the horizontal surface; and
§ 23.333(c)(2)(i). (2) The part of the vertical surfaces
(c) In the absence of a more rational below the horizontal surface with 80
analysis, the gust load must be com- percent of that loading applied to the
puted as follows: part above the horizontal surface.
(c) The end plate effects of outboard
K gt U de V a vt S vt fins or winglets must be taken into ac-
L vt = count in applying the yawing condi-
498 tions of §§ 23.441 and 23.443 to the
Where— vertical surfaces in paragraph (b) of
Lvt = Vertical surface loads (lbs.); this section.
(d) When rational methods are used
0.88 μ gt for computing loads, the maneuvering
k gt = = gust alleviation factor; loads of § 23.441 on the vertical surfaces
5.3 + μ gt and the one-g horizontal surface load,
including induced loads on the hori-
2 zontal surface and moments or forces
2W K
μ gt = = lateral massratio; exerted on the horizontal surfaces by
ρ c t g a vt S vt l vt the vertical surfaces, must be applied
simultaneously for the structural load-
Ude = Derived gust velocity (f.p.s.);
ing condition.
r = Air density (slugs/cu.ft.);
W = the applicable weight of the airplane in [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
the particular load case (lbs.); amended by Amdt. 23–14, 38 FR 31821, Nov. 19,
Svt = Area of vertical surface (ft.2); 1973; Amdt. 23–42, 56 FR 353, Jan. 3, 1991]
ER09FE96.002</MATH>
c̄t = Mean geometric chord of vertical surface

(ft.); AILERONS AND SPECIAL DEVICES
avt = Lift curve slope of vertical surface (per
radian); § 23.455 Ailerons.
K = Radius of gyration in yaw (ft.);
(a) The ailerons must be designed for
lvt = Distance from airplane c.g. to lift center

ER09FE96.001</MATH>
of vertical surface (ft.); the loads to which they are subjected—

g = Acceleration due to gravity (ft./sec.2); (1) In the neutral position during
and symmetrical flight conditions; and
229
ER09FE96.000</MATH>
§ 23.459 14 CFR Ch. I (1–1–17 Edition)
(2) By the following deflections (ex- maximum weight and the design land-
cept as limited by pilot effort), during ing weight; or
unsymmetrical flight conditions: (2) The design maximum weight less
(i) Sudden maximum displacement of the weight of 25 percent of the total
the aileron control at VA. Suitable al- fuel capacity.
lowance may be made for control sys- (c) The design landing weight of a
tem deflections. multiengine airplane may be less than
(ii) Sufficient deflection at VC, where that allowed under paragraph (b) of
VC is more than VA, to produce a rate of this section if—
roll not less than obtained in para- (1) The airplane meets the one-en-
graph (a)(2)(i) of this section. gine-inoperative climb requirements of
(iii) Sufficient deflection at VD to § 23.67(b)(1) or (c); and
produce a rate of roll not less than one- (2) Compliance is shown with the fuel
third of that obtained in paragraph jettisoning system requirements of
(a)(2)(i) of this section. § 23.1001.
(b) [Reserved] (d) The selected limit vertical inertia
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as load factor at the center of gravity of
amended by Amdt. 23–7, 34 FR 13090, Aug. 13, the airplane for the ground load condi-
1969; Amdt. 23–42, 56 FR 353, Jan. 3, 1991] tions prescribed in this subpart may
not be less than that which would be
§ 23.459 Special devices. obtained when landing with a descent
The loading for special devices using velocity (V), in feet per second, equal
aerodynamic surfaces (such as slots to 4.4 (W/S)1⁄4, except that this velocity
and spoilers) must be determined from need not be more than 10 feet per sec-
test data. ond and may not be less than seven
feet per second.
GROUND LOADS (e) Wing lift not exceeding two-thirds
of the weight of the airplane may be
§ 23.471 General. assumed to exist throughout the land-
The limit ground loads specified in ing impact and to act through the cen-
this subpart are considered to be exter- ter of gravity. The ground reaction
nal loads and inertia forces that act load factor may be equal to the inertia
upon an airplane structure. In each load factor minus the ratio of the
specified ground load condition, the ex- above assumed wing lift to the airplane
ternal reactions must be placed in weight.
equilibrium with the linear and angu- (f) If energy absorption tests are
lar inertia forces in a rational or con- made to determine the limit load fac-
servative manner. tor corresponding to the required limit
descent velocities, these tests must be
§ 23.473 Ground load conditions and made under § 23.723(a).
assumptions. (g) No inertia load factor used for de-
(a) The ground load requirements of sign purposes may be less than 2.67, nor
this subpart must be complied with at may the limit ground reaction load fac-
the design maximum weight except tor be less than 2.0 at design maximum
that §§ 23.479, 23.481, and 23.483 may be weight, unless these lower values will
complied with at a design landing not be exceeded in taxiing at speeds up
weight (the highest weight for landing to takeoff speed over terrain as rough
conditions at the maximum descent ve- as that expected in service.
locity) allowed under paragraphs (b) [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
and (c) of this section. amended by Amdt. 23–7, 34 FR 13090, Aug. 13,
(b) The design landing weight may be 1969; Amdt. 23–28, 47 FR 13315, Mar. 29, 1982;
as low as— Amdt. 23–45, 58 FR 42160, Aug. 6, 1993; Amdt.
(1) 95 percent of the maximum weight 23–48, 61 FR 5147, Feb. 9, 1996]
if the minimum fuel capacity is enough
for at least one-half hour of operation § 23.477 Landing gear arrangement.
at maximum continuous power plus a Sections 23.479 through 23.483, or the

capacity equal to a fuel weight which conditions in appendix C, apply to air-
is the difference between the design planes with conventional arrangements
230
of main and nose gear, or main and tail sponse, an airplane lift equal to the
gear. weight of the airplane may be assumed.
§ 23.479 Level landing conditions. [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
(a) For a level landing, the airplane 1976; Amdt. 23–45, 58 FR 42160, Aug. 6, 1993]
is assumed to be in the following atti-
tudes: § 23.481 Tail down landing conditions.
(1) For airplanes with tail wheels, a (a) For a tail down landing, the air-
normal level flight attitude. plane is assumed to be in the following
(2) For airplanes with nose wheels, attitudes:
attitudes in which— (1) For airplanes with tail wheels, an
(i) The nose and main wheels contact attitude in which the main and tail
the ground simultaneously; and wheels contact the ground simulta-
(ii) The main wheels contact the neously.
ground and the nose wheel is just clear (2) For airplanes with nose wheels, a
of the ground. stalling attitude, or the maximum
The attitude used in paragraph (a)(2)(i) angle allowing ground clearance by
of this section may be used in the anal- each part of the airplane, whichever is
ysis required under paragraph (a)(2)(ii) less.
of this section. (b) For airplanes with either tail or
(b) When investigating landing condi- nose wheels, ground reactions are as-
tions, the drag components simulating sumed to be vertical, with the wheels
the forces required to accelerate the up to speed before the maximum
tires and wheels up to the landing vertical load is attained.
speed (spin-up) must be properly com-
bined with the corresponding instanta- § 23.483 One-wheel landing conditions.
neous vertical ground reactions, and For the one-wheel landing condition,
the forward-acting horizontal loads re- the airplane is assumed to be in the
sulting from rapid reduction of the level attitude and to contact the
spin-up drag loads (spring-back) must ground on one side of the main landing
be combined with vertical ground reac- gear. In this attitude, the ground reac-
tions at the instant of the peak for- tions must be the same as those ob-
ward load, assuming wing lift and a tained on that side under § 23.479.
tire-sliding coefficient of friction of 0.8.
However, the drag loads may not be § 23.485 Side load conditions.
less than 25 percent of the maximum
(a) For the side load condition, the
vertical ground reactions (neglecting
wing lift). airplane is assumed to be in a level at-
titude with only the main wheels con-
(c) In the absence of specific tests or
tacting the ground and with the shock
a more rational analysis for deter-
mining the wheel spin-up and spring- absorbers and tires in their static posi-
back loads for landing conditions, the tions.
method set forth in appendix D of this (b) The limit vertical load factor
part must be used. If appendix D of this must be 1.33, with the vertical ground
part is used, the drag components used reaction divided equally between the
for design must not be less than those main wheels.
given by appendix C of this part. (c) The limit side inertia factor must
(d) For airplanes with tip tanks or be 0.83, with the side ground reaction
large overhung masses (such as turbo- divided between the main wheels so
propeller or jet engines) supported by that—
the wing, the tip tanks and the struc- (1) 0.5 (W) is acting inboard on one
ture supporting the tanks or overhung side; and
masses must be designed for the effects (2) 0.33 (W) is acting outboard on the
of dynamic responses under the level other side.
landing conditions of either paragraph (d) The side loads prescribed in para-
(a)(1) or (a)(2)(ii) of this section. In graph (c) of this section are assumed to
evaluating the effects of dynamic re- be applied at the ground contact point
231
§ 23.493 14 CFR Ch. I (1–1–17 Edition)
and the drag loads may be assumed to (1) Suitable design loads must be es-
be zero. tablished for the tail wheel, bumper, or
energy absorption device; and
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
amended by Amdt. 23–45, 58 FR 42160, Aug. 6, (2) The supporting structure of the
1993] tail wheel, bumper, or energy absorp-
tion device must be designed to with-
§ 23.493 Braked roll conditions. stand the loads established in para-
graph (c)(1) of this section.
Under braked roll conditions, with
the shock absorbers and tires in their [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
static positions, the following apply: amended by Amdt. 23–48, 61 FR 5147, Feb. 9,
(a) The limit vertical load factor 1996]
must be 1.33.
§ 23.499 Supplementary conditions for
(b) The attitudes and ground con- nose wheels.
tacts must be those described in § 23.479
for level landings. In determining the ground loads on
(c) A drag reaction equal to the nose wheels and affected supporting
vertical reaction at the wheel multi- structures, and assuming that the
plied by a coefficient of friction of 0.8 shock absorbers and tires are in their
must be applied at the ground contact static positions, the following condi-
point of each wheel with brakes, except tions must be met:
that the drag reaction need not exceed (a) For aft loads, the limit force com-
the maximum value based on limiting ponents at the axle must be—
brake torque. (1) A vertical component of 2.25 times
the static load on the wheel; and
§ 23.497 Supplementary conditions for (2) A drag component of 0.8 times the
tail wheels. vertical load.
In determining the ground loads on (b) For forward loads, the limit force
the tail wheel and affected supporting components at the axle must be—
structures, the following apply: (1) A vertical component of 2.25 times
(a) For the obstruction load, the the static load on the wheel; and
limit ground reaction obtained in the (2) A forward component of 0.4 times
tail down landing condition is assumed the vertical load.
to act up and aft through the axle at 45 (c) For side loads, the limit force
degrees. The shock absorber and tire components at ground contact must
may be assumed to be in their static be—
positions. (1) A vertical component of 2.25 times
(b) For the side load, a limit vertical the static load on the wheel; and
ground reaction equal to the static (2) A side component of 0.7 times the
load on the tail wheel, in combination vertical load.
with a side component of equal mag- (d) For airplanes with a steerable
nitude, is assumed. In addition— nose wheel that is controlled by hy-
(1) If a swivel is used, the tail wheel draulic or other power, at design take-
is assumed to be swiveled 90 degrees to off weight with the nose wheel in any
the airplane longitudinal axis with the steerable position, the application of
resultant ground load passing through 1.33 times the full steering torque com-
the axle; bined with a vertical reaction equal to
(2) If a lock, steering device, or shim- 1.33 times the maximum static reaction
my damper is used, the tail wheel is on the nose gear must be assumed.
also assumed to be in the trailing posi- However, if a torque limiting device is
tion with the side load acting at the installed, the steering torque can be re-
ground contact point; and duced to the maximum value allowed
(3) The shock absorber and tire are by that device.
assumed to be in their static positions. (e) For airplanes with a steerable
(c) If a tail wheel, bumper, or an en- nose wheel that has a direct mechan-
ergy absorption device is provided to ical connection to the rudder pedals,

show compliance with § 23.925(b), the the mechanism must be designed to
following apply: withstand the steering torque for the
232
maximum pilot forces specified in and their immediate attaching struc-

§ 23.397(b). ture.
(a) The towing loads specified in
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
paragraph (d) of this section must be
1996] considered separately. These loads
must be applied at the towing fittings
§ 23.505 Supplementary conditions for and must act parallel to the ground. In
skiplanes. addition:
In determining ground loads for ski- (1) A vertical load factor equal to 1.0
planes, and assuming that the airplane must be considered acting at the center
is resting on the ground with one main of gravity; and
ski frozen at rest and the other skis (2) The shock struts and tires must
free to slide, a limit side force equal to be in there static positions.
0.036 times the design maximum weight (b) For towing points not on the
must be applied near the tail assembly, landing gear but near the plane of sym-
with a factor of safety of 1. metry of the airplane, the drag and
side tow load components specified for
[Amdt. 23–7, 34 FR 13090, Aug. 13, 1969] the auxiliary gear apply. For towing
points located outboard of the main
§ 23.507 Jacking loads. gear, the drag and side tow load compo-
(a) The airplane must be designed for nents specified for the main gear apply.
the loads developed when the aircraft Where the specified angle of swivel
is supported on jacks at the design cannot be reached, the maximum ob-
maximum weight assuming the fol- tainable angle must be used.
lowing load factors for landing gear (c) The towing loads specified in
jacking points at a three-point attitude paragraph (d) of this section must be
and for primary flight structure jack- reacted as follows:
ing points in the level attitude: (1) The side component of the towing
(1) Vertical-load factor of 1.35 times load at the main gear must be reacted
the static reactions. by a side force at the static ground line
(2) Fore, aft, and lateral load factors of the wheel to which the load is ap-
of 0.4 times the vertical static reac- plied.
tions. (2) The towing loads at the auxiliary
(b) The horizontal loads at the jack gear and the drag components of the
points must be reacted by inertia towing loads at the main gear must be
forces so as to result in no change in reacted as follows:
the direction of the resultant loads at (i) A reaction with a maximum value
the jack points. equal to the vertical reaction must be
(c) The horizontal loads must be con- applied at the axle of the wheel to
sidered in all combinations with the which the load is applied. Enough air-
vertical load. plane inertia to achieve equilibrium
must be applied.
[Amdt. 23–14, 38 FR 31821, Nov. 19, 1973] (ii) The loads must be reacted by air-
plane inertia.
§ 23.509 Towing loads. (d) The prescribed towing loads are as
The towing loads of this section must follows, where W is the design max-
be applied to the design of tow fittings imum weight:
Load
Tow point Position
Magnitude No. Direction
Main gear ............................... .......................................................... 0.225W 1 Forward, parallel to drag axis.

2 Forward, at 30° to drag axis.
3 Aft, parallel to drag axis.
4 Aft, at 30° to drag axis.
Auxiliary gear ......................... Swiveled forward ............................. 0.3W 5 Forward.

6 Aft.
Swiveled aft ..................................... 0.3W 7 Forward.
8 Aft.
233
§ 23.511 14 CFR Ch. I (1–1–17 Edition)
Load
Tow point Position
Swiveled 45° from forward .............. 0.15W 9 Forward, in plane of wheel.

10 Aft, in plane of wheel.
Swiveled 45° from aft ...................... 0.15W 11 Forward, in plane of wheel.
[Amdt. 23–14, 38 FR 31821, Nov. 19, 1973] (b) Unless the applicant makes a ra-
tional analysis of the water loads,
§ 23.511 Ground load; unsymmetrical §§ 23.523 through 23.537 apply.
loads on multiple-wheel units.
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
(a) Pivoting loads. The airplane is as-
sumed to pivot about on side of the 1993; Amdt. 23–48, 61 FR 5147, Feb. 9, 1996]
main gear with—
(1) The brakes on the pivoting unit § 23.523 Design weights and center of
locked; and gravity positions.
(2) Loads corresponding to a limit (a) Design weights. The water load re-
vertical load factor of 1, and coefficient quirements must be met at each oper-
of friction of 0.8 applied to the main ating weight up to the design landing
gear and its supporting structure. weight except that, for the takeoff con-
(b) Unequal tire loads. The loads es- dition prescribed in § 23.531, the design
tablished under §§ 23.471 through 23.483 water takeoff weight (the maximum
must be applied in turn, in a 60/40 per- weight for water taxi and takeoff run)
cent distribution, to the dual wheels must be used.
and tires in each dual wheel landing (b) Center of gravity positions. The
gear unit. critical centers of gravity within the
(c) Deflated tire loads. For the deflated limits for which certification is re-
tire condition— quested must be considered to reach
(1) 60 percent of the loads established maximum design loads for each part of
under §§ 23.471 through 23.483 must be the seaplane structure.
applied in turn to each wheel in a land-
ing gear unit; and [Doc. No. 26269, 58 FR 42160, Aug. 6, 1993]
(2) 60 percent of the limit drag and § 23.525 Application of loads.
side loads, and 100 percent of the limit
vertical load established under §§ 23.485 (a) Unless otherwise prescribed, the
and 23.493 or lesser vertical load ob- seaplane as a whole is assumed to be
tained under paragraph (c)(1) of this subjected to the loads corresponding to
section, must be applied in turn to the load factors specified in § 23.527.
each wheel in the dual wheel landing (b) In applying the loads resulting
gear unit. from the load factors prescribed in
§ 23.527, the loads may be distributed
[Amdt. 23–7, 34 FR 13090, Aug. 13, 1969] over the hull or main float bottom (in
order to avoid excessive local shear
WATER LOADS
loads and bending moments at the lo-
§ 23.521 Water load conditions. cation of water load application) using
pressures not less than those pre-
(a) The structure of seaplanes and scribed in § 23.533(c).
amphibians must be designed for water
(c) For twin float seaplanes, each
loads developed during takeoff and
float must be treated as an equivalent
landing with the seaplane in any atti-
hull on a fictitious seaplane with a
tude likely to occur in normal oper-
weight equal to one-half the weight of
ation at appropriate forward and sink-
the twin float seaplane.
ing velocities under the most severe
(d) Except in the takeoff condition of

sea conditions likely to be encoun-
§ 23.531, the aerodynamic lift on the
tered.
234
seaplane during the impact is assumed factor K1 may be reduced at the bow
to be 2⁄3 of the weight of the seaplane. and stern to 0.8 of the value shown in
[Doc. No. 26269, 58 FR 42161, Aug. 6, 1993; 58
figure 2 of appendix I of this part. This
FR 51970, Oct. 5, 1993] reduction applies only to the design of
the carrythrough and seaplane struc-
§ 23.527 Hull and main float load fac- ture.
tors. [Doc. No. 26269, 58 FR 42161, Aug. 6, 1993; 58
(a) Water reaction load factors nw FR 51970, Oct. 5, 1993]
must be computed in the following
manner: § 23.529 Hull and main float landing
(1) For the step landing case conditions.
(a) Symmetrical step, bow, and stern
C1VSO 2 landing. For symmetrical step, bow,
nw = and stern landings, the limit water re-
⎛ Tan 23 β ⎞ W 13 action load factors are those computed
⎝ ⎠ under § 23.527. In addition—
(2) For the bow and stern landing (1) For symmetrical step landings,
cases the resultant water load must be ap-
plied at the keel, through the center of
gravity, and must be directed per-
C1VSO 2 K1
nw = × pendicularly to the keel line;
⎛ 3 ⎞
(1 + rx 2 )
2 1 2
(2) For symmetrical bow landings,
⎜ Tan β ⎟ W
3 3
the resultant water load must be ap-
⎝ ⎠ plied at the keel, one-fifth of the longi-
(b) The following values are used: tudinal distance from the bow to the
(1) nw = water reaction load factor step, and must be directed perpendicu-
(that is, the water reaction divided by larly to the keel line; and
seaplane weight). (3) For symmetrical stern landings,
(2) C1 = empirical seaplane operations the resultant water load must be ap-
factor equal to 0.012 (except that this plied at the keel, at a point 85 percent
factor may not be less than that nec- of the longitudinal distance from the
essary to obtain the minimum value of step to the stern post, and must be di-
step load factor of 2.33). rected perpendicularly to the keel line.
(3) VSO = seaplane stalling speed in (b) Unsymmetrical landing for hull and
knots with flaps extended in the appro- single float seaplanes. Unsymmetrical
priate landing position and with no step, bow, and stern landing conditions
slipstream effect. must be investigated. In addition—
(4) b = Angle of dead rise at the longi- (1) The loading for each condition
tudinal station at which the load fac- consists of an upward component and a
tor is being determined in accordance side component equal, respectively, to
with figure 1 of appendix I of this part. 0.75 and 0.25 tan b times the resultant
(5) W = seaplane landing weight in load in the corresponding symmetrical
pounds. landing condition; and
(6) K1 = empirical hull station weigh- (2) The point of application and di-
ing factor, in accordance with figure 2 rection of the upward component of the
of appendix I of this part. load is the same as that in the sym-
(7) rx = ratio of distance, measured metrical condition, and the point of ap-
parallel to hull reference axis, from the plication of the side component is at
center of gravity of the seaplane to the the same longitudinal station as the
hull longitudinal station at which the upward component but is directed in-
load factor is being computed to the ra- ward perpendicularly to the plane of
dius of gyration in pitch of the sea- symmetry at a point midway between
plane, the hull reference axis being a the keel and chine lines.
straight line, in the plane of sym- (c) Unsymmetrical landing; twin float
metry, tangential to the keel at the seaplanes. The unsymmetrical loading
main step. consists of an upward load at the step
EC28SE91.005</MATH>
(c) For a twin float seaplane, because of each float of 0.75 and a side load of
of the effect of flexibility of the attach- 0.25 tan b at one float times the step
ment of the floats to the seaplane, the landing load reached under § 23.527. The
235
EC28SE91.004</MATH>
§ 23.531 14 CFR Ch. I (1–1–17 Edition)
side load is directed inboard, per- Pk = pressure (p.s.i.) at the keel;

pendicularly to the plane of symmetry C2 = 0.00213;
midway between the keel and chine K2 = hull station weighing factor, in accord-
lines of the float, at the same longitu- ance with figure 2 of appendix I of this
dinal station as the upward load. part;
VS1 = seaplane stalling speed (knots) at the
[Doc. No. 26269, 58 FR 42161, Aug. 6, 1993] design water takeoff weight with flaps
extended in the appropriate takeoff posi-
§ 23.531 Hull and main float takeoff tion; and
condition. bK = angle of dead rise at keel, in accordance
For the wing and its attachment to with figure 1 of appendix I of this part.
the hull or main float— (2) For a flared bottom, the pressure
(a) The aerodynamic wing lift is as- at the beginning of the flare is the
sumed to be zero; and same as that for an unflared bottom,
(b) A downward inertia load, cor- and the pressure between the chine and
responding to a load factor computed the beginning of the flare varies lin-
from the following formula, must be early, in accordance with figure 3 of ap-
applied: pendix I of this part. The pressure dis-
tribution is the same as that prescribed
C TO VS12 in paragraph (b)(1) of this section for
n=
⎛ Tan 23 β ⎞ W 13 an unflared bottom except that the
pressure at the chine is computed as
⎝ ⎠ follows:
Where—
n = inertia load factor; C 3 K 2 VS12
CTO = empirical seaplane operations factor Pch =
equal to 0.004; Tan β
design takeoff weight with the flaps ex- where—
tended in the appropriate takeoff posi- Pch = pressure (p.s.i.) at the chine;
tion; C3 = 0.0016;
b = angle of dead rise at the main step (de- K2 = hull station weighing factor, in accord-
grees); and ance with figure 2 of appendix I of this
W = design water takeoff weight in pounds. part;
[Doc. No. 26269, 58 FR 42161, Aug. 6, 1993] VS1 = seaplane stalling speed (knots) at the
design water takeoff weight with flaps
§ 23.533 Hull and main float bottom extended in the appropriate takeoff posi-
pressures. tion; and
b = angle of dead rise at appropriate station.
(a) General. The hull and main float
structure, including frames and bulk- The area over which these pressures
heads, stringers, and bottom plating, are applied must simulate pressures oc-
must be designed under this section. curring during high localized impacts
(b) Local pressures. For the design of on the hull or float, but need not ex-
the bottom plating and stringers and tend over an area that would induce
their attachments to the supporting critical stresses in the frames or in the
structure, the following pressure dis- overall structure.
tributions must be applied: (c) Distributed pressures. For the de-
(1) For an unflared bottom, the pres- EC28SE91.009</MATH>
sign of the frames, keel, and chine
sure at the chine is 0.75 times the pres- structure, the following pressure dis-
sure at the keel, and the pressures be- tributions apply:
tween the keel and chine vary linearly, (1) Symmetrical pressures are com-
in accordance with figure 3 of appendix puted as follows:
EC28SE91.008</MATH>
I of this part. The pressure at the keel

(p.s.i.) is computed as follows:
C 4 K 2 VSO 2
P=
C 2 K 2 VS12 Tan β
PK = where—
Tan β k
EC28SE91.007</MATH>
P = pressure (p.s.i.);
C4 = 0.078 C1 (with C1 computed under
where— § 23.527);
236
EC28SE91.006</MATH>
K2 = hull station weighing factor, deter- VS0 = seaplane stalling speed (knots) with
mined in accordance with figure 2 of ap- landing flaps extended in the appropriate
pendix I of this part; position and with no slipstream effect;
VS0 = seaplane stalling speed (knots) with W = seaplane design landing weight in
landing flaps extended in the appropriate pounds;
position and with no slipstream effect; bs = angle of dead rise at a station 3⁄4 of the
and distance from the bow to the step, but
b = angle of dead rise at appropriate station. need not be less than 15 degrees; and
ry = ratio of the lateral distance between the
(2) The unsymmetrical pressure dis- center of gravity and the plane of sym-
tribution consists of the pressures pre- metry of the float to the radius of gyra-
scribed in paragraph (c)(1) of this section in roll.
tion on one side of the hull or main (c) Bow loading. The resultant limit
float centerline and one-half of that load must be applied in the plane of
pressure on the other side of the hull or symmetry of the float at a point one-
main float centerline, in accordance fourth of the distance from the bow to
with figure 3 of appendix I of this part. the step and must be perpendicular to
(3) These pressures are uniform and the tangent to the keel line at that
must be applied simultaneously over point. The magnitude of the resultant
the entire hull or main float bottom. load is that specified in paragraph (b)
The loads obtained must be carried of this section.
into the sidewall structure of the hull (d) Unsymmetrical step loading. The re-
proper, but need not be transmitted in sultant water load consists of a compo-
a fore and aft direction as shear and nent equal to 0.75 times the load speci-
bending loads. fied in paragraph (a) of this section and
a side component equal to 0.025 tan b
[Doc. No. 26269, 58 FR 42161, Aug. 6, 1993; 58 times the load specified in paragraph
FR 51970, Oct. 5, 1993]
(b) of this section. The side load must
§ 23.535 Auxiliary float loads. be applied perpendicularly to the plane
of symmetry of the float at a point
(a) General. Auxiliary floats and their midway between the keel and the
attachments and supporting structures chine.
must be designed for the conditions (e) Unsymmetrical bow loading. The re-
prescribed in this section. In the cases sultant water load consists of a compo-
specified in paragraphs (b) through (e) nent equal to 0.75 times the load speci-
of this section, the prescribed water fied in paragraph (b) of this section and
loads may be distributed over the float a side component equal to 0.25 tan b
bottom to avoid excessive local loads, times the load specified in paragraph
using bottom pressures not less than (c) of this section. The side load must
those prescribed in paragraph (g) of be applied perpendicularly to the plane
this section. of symmetry at a point midway be-
(b) Step loading. The resultant water tween the keel and the chine.
load must be applied in the plane of (f) Immersed float condition. The re-
symmetry of the float at a point three- sultant load must be applied at the
fourths of the distance from the bow to centroid of the cross section of the
the step and must be perpendicular to float at a point one-third of the dis-
the keel. The resultant limit load is tance from the bow to the step. The
computed as follows, except that the limit load components are as follows:
value of L need not exceed three times
the weight of the displaced water when vertical = PgV
the float is completely submerged:
2
2
2 C X PV 3 (KVSO )
C 5 VSO W2 3
aft =
L= 2 2
( )
2
Tan β S 1 + ry
3 2 3
2
3 2
C Y PV (KVSO )
where— side =
EC28SE91.011</MATH>
L = limit load (lbs.); 2

C5 = 0.0053; where—
237
EC28SE91.010</MATH>
§ 23.537 14 CFR Ch. I (1–1–17 Edition)
P = mass density of water (slugs/ft.3) (i) Upward, 3.0g;
V = volume of float (ft.3); (ii) Forward, 18.0g; and
CX = coefficient of drag force, equal to 0.133;
Cy = coefficient of side force, equal to 0.106; (iii) Sideward, 4.5g.
K = 0.8, except that lower values may be used (c) Each airplane with retractable
if it is shown that the floats are incapa- landing gear must be designed to pro-
ble of submerging at a speed of 0.8 Vso in tect each occupant in a landing—
normal operations; (1) With the wheels retracted;
Vso = seaplane stalling speed (knots) with
landing flaps extended in the appropriate (2) With moderate descent velocity;
position and with no slipstream effect; and
and (3) Assuming, in the absence of a
g = acceleration due to gravity (ft/sec2). more rational analysis—
(g) Float bottom pressures. The float (i) A downward ultimate inertia force
bottom pressures must be established of 3 g; and
under § 23.533, except that the value of (ii) A coefficient of friction of 0.5 at
K2 in the formulae may be taken as 1.0. the ground.
The angle of dead rise to be used in de- (d) If it is not established that a
termining the float bottom pressures is turnover is unlikely during an emer-
set forth in paragraph (b) of this sec- gency landing, the structure must be
tion. designed to protect the occupants in a
[Doc. No. 26269, 58 FR 42162, Aug. 6, 1993; 58 complete turnover as follows:
FR 51970, Oct. 5, 1993] (1) The likelihood of a turnover may
be shown by an analysis assuming the
§ 23.537 Seawing loads. following conditions—
Seawing design loads must be based (i) The most adverse combination of
on applicable test data. weight and center of gravity position;
[Doc. No. 26269, 58 FR 42163, Aug. 6, 1993] (ii) Longitudinal load factor of 9.0g;
(iii) Vertical load factor of 1.0g; and
EMERGENCY LANDING CONDITIONS (iv) For airplanes with tricycle land-
ing gear, the nose wheel strut failed
§ 23.561 General. with the nose contacting the ground.
(a) The airplane, although it may be (2) For determining the loads to be
damaged in emergency landing condi- applied to the inverted airplane after a
tions, must be designed as prescribed in turnover, an upward ultimate inertia
this section to protect each occupant load factor of 3.0g and a coefficient of
under those conditions. friction with the ground of 0.5 must be
(b) The structure must be designed to used.
give each occupant every reasonable (e) Except as provided in § 23.787(c),
chance of escaping serious injury the supporting structure must be de-
when—
signed to restrain, under loads up to
(1) Proper use is made of the seats,
those specified in paragraph (b)(3) of
safety belts, and shoulder harnesses
this section, each item of mass that
provided for in the design;
(2) The occupant experiences the could injure an occupant if it came
static inertia loads corresponding to loose in a minor crash landing.
the following ultimate load factors— (1) For engines mounted inside the
(i) Upward, 3.0g for normal, utility, fuselage, aft of the cabin, it must be
and commuter category airplanes, or shown by test or analysis that the en-
4.5g for acrobatic category airplanes; gine and attached accessories, and the
(ii) Forward, 9.0g; engine mounting structure—
(iii) Sideward, 1.5g; and (i) Can withstand a forward acting
(iv) Downward, 6.0g when certifi- static ultimate inertia load factor of
cation to the emergency exit provi- 18.0 g plus the maximum takeoff engine
sions of § 23.807(d)(4) is requested; and thrust; or
(3) The items of mass within the (ii) The airplane structure is designed
cabin, that could injure an occupant, to preclude the engine and its attached
experience the static inertia loads cor- accessories from entering or protruding
responding to the following ultimate into the cabin should the engine
load factors— mounts fail.
238
(2) [Reserved] (2) For the second test, the change in

velocity may not be less than 42 feet
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
per second. The seat/restraint system
1969; Amdt. 23–24, 52 FR 34745, Sept. 14, 1987; must be oriented in its nominal posi-
Amdt. 23–36, 53 FR 30812, Aug. 15, 1988; Amdt. tion with respect to the airplane and
23–46, 59 FR 25772, May 17, 1994; Amdt. 23–48, with the vertical plane of the airplane
61 FR 5147, Feb. 9, 1996; Amdt. 23–62, 76 FR yawed 10 degrees, with no pitch, rel-
75756, Dec. 2, 2011] ative to the impact vector in a direc-
tion that results in the greatest load
§ 23.562 Emergency landing dynamic on the shoulder harness. For seat/re-
conditions. straint systems to be installed in the
(a) Each seat/restraint system for use first row of the airplane, peak decelera-
in a normal, utility, or acrobatic cat- tion must occur in not more than 0.05
egory airplane, or in a commuter cat- seconds after impact and must reach a
egory jet airplane, must be designed to minimum of 26g. For all other seat/re-
protect each occupant during an emer- straint systems, peak deceleration
gency landing when— must occur in not more than 0.06 sec-
(1) Proper use is made of seats, safety onds after impact and must reach a
belts, and shoulder harnesses provided minimum of 21g.
for in the design; and (3) To account for floor warpage, the
(2) The occupant is exposed to the floor rails or attachment devices used
loads resulting from the conditions to attach the seat/restraint system to
the airframe structure must be pre-
prescribed in this section.
loaded to misalign with respect to each
(b) Except for those seat/restraint
other by at least 10 degrees vertically
systems that are required to meet
(i.e., pitch out of parallel) and one of
paragraph (d) of this section, each seat/ the rails or attachment devices must
restraint system for crew or passenger be preloaded to misalign by 10 degrees
occupancy in a normal, utility, or acro- in roll prior to conducting the test de-
batic category airplane, or in a com- fined by paragraph (b)(2) of this sec-
muter category jet airplane, must suc- tion.
cessfully complete dynamic tests or be (c) Compliance with the following re-
demonstrated by rational analysis sup- quirements must be shown during the
ported by dynamic tests, in accordance dynamic tests conducted in accordance
with each of the following conditions. with paragraph (b) of this section:
These tests must be conducted with an (1) The seat/restraint system must
occupant simulated by an restrain the ATD although seat/re-
anthropomorphic test dummy (ATD) straint system components may experi-
defined by 49 CFR part 572, subpart B, ence deformation, elongation, displace-
or an FAA-approved equivalent, with a ment, or crushing intended as part of
nominal weight of 170 pounds and seat- the design.
ed in the normal upright position. (2) The attachment between the seat/
(1) For the first test, the change in restraint system and the test fixture
velocity may not be less than 31 feet must remain intact, although the seat
per second. The seat/restraint system structure may have deformed.
must be oriented in its nominal posi- (3) Each shoulder harness strap must
tion with respect to the airplane and remain on the ATD’s shoulder during
with the horizontal plane of the air- the impact.
plane pitched up 60 degrees, with no (4) The safety belt must remain on
yaw, relative to the impact vector. For the ATD’s pelvis during the impact.
seat/restraint systems to be installed (5) The results of the dynamic tests
in the first row of the airplane, peak must show that the occupant is pro-
deceleration must occur in not more tected from serious head injury.
than 0.05 seconds after impact and (i) When contact with adjacent seats,
must reach a minimum of 19g. For all structure, or other items in the cabin
other seat/restraint systems, peak de- can occur, protection must be provided
celeration must occur in not more than so that the head impact does not ex-
0.06 seconds after impact and must ceed a head injury criteria (HIC) of
reach a minimum of 15g. 1,000.
239
§ 23.571 14 CFR Ch. I (1–1–17 Edition)
(ii) The value of HIC is defined as—
Where— tiplied by the square of the ratio of the

t1 is the initial integration time, expressed increased stall speed to 61 knots:
in seconds, t2 is the final integration
time, expressed in seconds, and a(t) is the gp = 19.0 (VS0/61)2 or gp = 15.0 (VS0/61)2
total acceleration vs. time curve for the (B) The peak deceleration need not
head strike expressed as a multiple of g exceed the value reached at a VS0 of 79
(units of gravity). knots.
(iii) Compliance with the HIC limit (iii) The peak deceleration must
must be demonstrated by measuring occur in not more than time (tr), which
the head impact during dynamic test- must be computed as follows:
ing as prescribed in paragraphs (b)(1)
and (b)(2) of this section or by a sepa- 31 .96
tr = =
rate showing of compliance with the
head injury criteria using test or anal- ( )
32.2 g p gp
ysis procedures. where—
(6) Loads in individual shoulder har- gp = The peak deceleration calculated in ac-
ness straps may not exceed 1,750 cordance with paragraph (d)(2)(ii) of this
pounds. If dual straps are used for re- section
taining the upper torso, the total strap tr = The rise time (in seconds) to the peak de-
loads may not exceed 2,000 pounds. celeration.
(7) The compression load measured (e) An alternate approach that
between the pelvis and the lumbar achieves an equivalent, or greater,
spine of the ATD may not exceed 1,500 level of occupant protection to that re-
pounds. quired by this section may be used if
(d) For all single-engine airplanes substantiated on a rational basis.
with a VSO of more than 61 knots at
maximum weight, and those multien- [Amdt. 23–36, 53 FR 30812, Aug. 15, 1988, as
amended by Amdt. 23–44, 58 FR 38639, July 19,
gine airplanes of 6,000 pounds or less
1993; Amdt. 23–50, 61 FR 5192, Feb. 9, 1996;
maximum weight with a VSO of more Amdt. 23–62, 76 FR 75756, Dec. 2, 2011]
than 61 knots at maximum weight that
do not comply with § 23.67(a)(1); FATIGUE EVALUATION
(1) The ultimate load factors of
§ 23.561(b) must be increased by multi- § 23.571 Metallic pressurized cabin
plying the load factors by the square of structures.
the ratio of the increased stall speed to For normal, utility, and acrobatic
61 knots. The increased ultimate load category airplanes, the strength, detail
factors need not exceed the values design, and fabrication of the metallic
reached at a VS0 of 79 knots. The up- structure of the pressure cabin must be
ward ultimate load factor for acrobatic evaluated under one of the following:
category airplanes need not exceed (a) A fatigue strength investigation
5.0g. in which the structure is shown by
(2) The seat/restraint system test re- tests, or by analysis supported by test
quired by paragraph (b)(1) of this sec- evidence, to be able to withstand the
tion must be conducted in accordance repeated loads of variable magnitude
with the following criteria: expected in service; or
(i) The change in velocity may not be (b) A fail safe strength investigation,
less than 31 feet per second. in which it is shown by analysis, tests,

EC28SE91.013</MATH>
(ii)(A) The peak deceleration (gp) of or both that catastrophic failure of the
19g and 15g must be increased and mul- structure is not probable after fatigue
240
ER02DE11.083</GPH>
failure, or obvious partial failure, of a (3) The damage tolerance evaluation

principal structural element, and that of § 23.573(b).
the remaining structures are able to (b) Each evaluation required by this
withstand a static ultimate load factor section must—
of 75 percent of the limit load factor at (1) Include typical loading spectra
VC, considering the combined effects of (e.g. taxi, ground-air-ground cycles,
normal operating pressures, expected maneuver, gust);
external aerodynamic pressures, and (2) Account for any significant effects
flight loads. These loads must be mul- due to the mutual influence of aero-
tiplied by a factor of 1.15 unless the dy- dynamic surfaces; and
namic effects of failure under static (3) Consider any significant effects
load are otherwise considered. from propeller slipstream loading, and
(c) The damage tolerance evaluation buffet from vortex impingements.
of § 23.573(b).
(d) If certification for operation [Amdt. 23–7, 34 FR 13090, Aug. 13, 1969, as
above 41,000 feet is requested, a damage
1973; Amdt. 23–34, 52 FR 1830, Jan. 15, 1987;
tolerance evaluation of the fuselage Amdt. 23–38, 54 FR 39511, Sept. 26, 1989; Amdt.
pressure boundary per § 23.573(b) must 23–45, 58 FR 42163, Aug. 6, 1993; Amdt. 23–48, 61
be conducted. FR 5147, Feb. 9, 1996]
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
§ 23.573 Damage tolerance and fatigue
1973; Amdt. 23–45, 58 FR 42163, Aug. 6, 1993;
evaluation of structure.
Amdt. 23–48, 61 FR 5147, Feb. 9, 1996; Amdt. (a) Composite airframe structure. Com-
23–62, 76 FR 75756, Dec. 2, 2011] posite airframe structure must be eval-
uated under this paragraph instead of
§ 23.572 Metallic wing, empennage, §§ 23.571 and 23.572. The applicant must
and associated structures.
evaluate the composite airframe struc-
(a) For normal, utility, and acrobatic ture, the failure of which would result
category airplanes, the strength, detail in catastrophic loss of the airplane, in
design, and fabrication of those parts each wing (including canards, tandem
of the airframe structure whose failure wings, and winglets), empennage, their
would be catastrophic must be evalu- carrythrough and attaching structure,
ated under one of the following unless moveable control surfaces and their at-
it is shown that the structure, oper- taching structure fuselage, and pres-
ating stress level, materials and ex- sure cabin using the damage-tolerance
pected uses are comparable, from a fa- criteria prescribed in paragraphs (a)(1)
tigue standpoint, to a similar design through (a)(4) of this section unless
that has had extensive satisfactory shown to be impractical. If the appli-
service experience: cant establishes that damage-tolerance
(1) A fatigue strength investigation criteria is impractical for a particular
in which the structure is shown by structure, the structure must be evalu-
tests, or by analysis supported by test ated in accordance with paragraphs
evidence, to be able to withstand the (a)(1) and (a)(6) of this section. Where
repeated loads of variable magnitude bonded joints are used, the structure
expected in service; or must also be evaluated in accordance
(2) A fail-safe strength investigation with paragraph (a)(5) of this section.
in which it is shown by analysis, tests, The effects of material variability and
or both, that catastrophic failure of environmental conditions on the
the structure is not probable after fa- strength and durability properties of
tigue failure, or obvious partial failure, the composite materials must be ac-
of a principal structural element, and counted for in the evaluations required
that the remaining structure is able to by this section.
withstand a static ultimate load factor (1) It must be demonstrated by tests,
of 75 percent of the critical limit load or by analysis supported by tests, that
factor at Vc. These loads must be multi- the structure is capable of carrying ul-
plied by a factor of 1.15 unless the dy- timate load with damage up to the
namic effects of failure under static threshold of detectability considering
load are otherwise considered. the inspection procedures employed.
241
§ 23.574 14 CFR Ch. I (1–1–17 Edition)
(2) The growth rate or no-growth of supported by tests, to be able to with-

damage that may occur from fatigue, stand the repeated loads of variable
corrosion, manufacturing flaws or im- magnitude expected in service. Suffi-
pact damage, under repeated loads ex- cient component, subcomponent, ele-
pected in service, must be established ment, or coupon tests must be done to
by tests or analysis supported by tests. establish the fatigue scatter factor and
(3) The structure must be shown by the environmental effects. Damage up
residual strength tests, or analysis sup- to the threshold of detectability and
ported by residual strength tests, to be ultimate load residual strength capa-
able to withstand critical limit flight bility must be considered in the dem-
loads, considered as ultimate loads, onstration.
with the extent of detectable damage (b) Metallic airframe structure. If the
consistent with the results of the dam- applicant elects to use § 23.571(c) or
age tolerance evaluations. For pressur- § 23.572(a)(3), then the damage tolerance
ized cabins, the following loads must be evaluation must include a determina-
withstood: tion of the probable locations and
(i) Critical limit flight loads with the modes of damage due to fatigue, corro-
combined effects of normal operating sion, or accidental damage. Damage at
pressure and expected external aero- multiple sites due to fatigue must be
dynamic pressures. included where the design is such that
(ii) The expected external aero- this type of damage can be expected to
dynamic pressures in 1g flight com- occur. The evaluation must incor-
bined with a cabin differential pressure porate repeated load and static anal-
equal to 1.1 times the normal operating yses supported by test evidence. The
differential pressure without any other extent of damage for residual strength
load. evaluation at any time within the
(4) The damage growth, between ini- operational life of the airplane must be
tial detectability and the value se- consistent with the initial detect-
lected for residual strength demonstra- ability and subsequent growth under
tions, factored to obtain inspection in- repeated loads. The residual strength
tervals, must allow development of an evaluation must show that the remain-
inspection program suitable for appli- ing structure is able to withstand crit-
cation by operation and maintenance ical limit flight loads, considered as ul-
personnel. timate, with the extent of detectable
(5) For any bonded joint, the failure
damage consistent with the results of
of which would result in catastrophic
the damage tolerance evaluations. For
loss of the airplane, the limit load ca-
pressurized cabins, the following load
pacity must be substantiated by one of
must be withstood:
the following methods—
(i) The maximum disbonds of each (1) The normal operating differential
bonded joint consistent with the capa- pressure combined with the expected
bility to withstand the loads in para- external aerodynamic pressures applied
graph (a)(3) of this section must be de- simultaneously with the flight loading
termined by analysis, tests, or both. conditions specified in this part, and
Disbonds of each bonded joint greater (2) The expected external aero-
than this must be prevented by design dynamic pressures in 1g flight com-
features; or bined with a cabin differential pressure
(ii) Proof testing must be conducted equal to 1.1 times the normal operating
on each production article that will differential pressure without any other
apply the critical limit design load to load.
each critical bonded joint; or [Doc. No. 26269, 58 FR 42163, Aug. 6, 1993; 58
(iii) Repeatable and reliable non-de- FR 51970, Oct. 5, 1993, as amended by Amdt.
structive inspection techniques must 23–48, 61 FR 5147, Feb. 9, 1996; 73 FR 19746,
be established that ensure the strength Apr. 11, 2008]
of each joint.
(6) Structural components for which § 23.574 Metallic damage tolerance and
the damage tolerance method is shown fatigue evaluation of commuter cat-

to be impractical must be shown by egory airplanes.
component fatigue tests, or analysis For commuter category airplanes—
242
(a) Metallic damage tolerance. An eval- other properties assumed in the design
uation of the strength, detail design, data; and
and fabrication must show that cata- (3) Take into account the effects of
strophic failure due to fatigue, corro- environmental conditions, such as tem-
sion, defects, or damage will be avoided perature and humidity, expected in
throughout the operational life of the service.
airplane. This evaluation must be con- (b) Workmanship must be of a high
ducted in accordance with the provi- standard.
sions of § 23.573, except as specified in [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
paragraph (b) of this section, for each amended by Amdt. 23–17, 41 FR 55464, Dec. 20,
part of the structure that could con- 1976; Amdt. 23–23, 43 FR 50592, Oct. 10, 1978]
tribute to a catastrophic failure.
(b) Fatigue (safe-life) evaluation. Com- § 23.605 Fabrication methods.
pliance with the damage tolerance re- (a) The methods of fabrication used
quirements of paragraph (a) of this sec- must produce consistently sound struc-
tion is not required if the applicant es- tures. If a fabrication process (such as
tablishes that the application of those gluing, spot welding, or heat-treating)
requirements is impractical for a par- requires close control to reach this ob-
ticular structure. This structure must jective, the process must be performed
be shown, by analysis supported by test under an approved process specifica-
evidence, to be able to withstand the tion.
repeated loads of variable magnitude (b) Each new aircraft fabrication
expected during its service life without method must be substantiated by a
detectable cracks. Appropriate safe-life test program.
scatter factors must be applied.
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30
[Doc. No. 27805, 61 FR 5148, Feb. 9, 1996] FR 258, Jan. 9, 1965, as amended by Amdt. 23–
23, 43 FR 50592, Oct. 10, 1978]
§ 23.575 Inspections and other proce-
dures. § 23.607 Fasteners.
Each inspection or other procedure, (a) Each removable fastener must in-
based on an evaluation required by corporate two retaining devices if the
§§ 23.571, 23.572, 23.573 or 23.574, must be loss of such fastener would preclude
established to prevent catastrophic continued safe flight and landing.
failure and must be included in the (b) Fasteners and their locking de-
Limitations Section of the Instructions vices must not be adversely affected by
for Continued Airworthiness required the environmental conditions associ-
by § 23.1529. ated with the particular installation.
(c) No self-locking nut may be used
[Doc. No. 27805, 61 FR 5148, Feb. 9, 1996] on any bolt subject to rotation in oper-
ation unless a non-friction locking de-
Subpart D—Design and vice is used in addition to the self-lock-
Construction ing device.
[Doc. No. 27805, 61 FR 5148, Feb. 9, 1996]
§ 23.601 General.
The suitability of each questionable § 23.609 Protection of structure.
design detail and part having an impor- Each part of the structure must—
tant bearing on safety in operations, (a) Be suitably protected against de-
must be established by tests. terioration or loss of strength in serv-
ice due to any cause, including—
§ 23.603 Materials and workmanship. (1) Weathering;
(a) The suitability and durability of (2) Corrosion; and
materials used for parts, the failure of (3) Abrasion; and
which could adversely affect safety, (b) Have adequate provisions for ven-
must— tilation and drainage.
(1) Be established by experience or
tests; § 23.611 Accessibility provisions.

(2) Meet approved specifications that For each part that requires mainte-
ensure their having the strength and nance, inspection, or other servicing,
243
§ 23.613 14 CFR Ch. I (1–1–17 Edition)
appropriate means must be incor- § 23.619 Special factors.

porated into the aircraft design to The factor of safety prescribed in
allow such servicing to be accom- § 23.303 must be multiplied by the high-
plished. est pertinent special factors of safety
[Doc. No. 27805, 61 FR 5148, Feb. 9, 1996] prescribed in §§ 23.621 through 23.625 for
each part of the structure whose
§ 23.613 Material strength properties strength is—
and design values. (a) Uncertain;
(a) Material strength properties must (b) Likely to deteriorate in service
be based on enough tests of material before normal replacement; or
meeting specifications to establish de- (c) Subject to appreciable variability
sign values on a statistical basis. because of uncertainties in manufac-
(b) Design values must be chosen to turing processes or inspection methods.
minimize the probability of structural [Amdt. 23–7, 34 FR 13091, Aug. 13, 1969]
failure due to material variability. Ex-
cept as provided in paragraph (e) of § 23.621 Casting factors.
this section, compliance with this (a) General. The factors, tests, and in-
paragraph must be shown by selecting spections specified in paragraphs (b)
design values that ensure material through (d) of this section must be ap-
strength with the following prob- plied in addition to those necessary to
ability: establish foundry quality control. The
(1) Where applied loads are eventu- inspections must meet approved speci-
ally distributed through a single mem- fications. Paragraphs (c) and (d) of this
ber within an assembly, the failure of section apply to any structural cast-
which would result in loss of structural ings except castings that are pressure
integrity of the component; 99 percent tested as parts of hydraulic or other
probability with 95 percent confidence. fluid systems and do not support struc-
(2) For redundant structure, in which tural loads.
the failure of individual elements (b) Bearing stresses and surfaces. The
would result in applied loads being casting factors specified in paragraphs
safely distributed to other load car- (c) and (d) of this section—
rying members; 90 percent probability (1) Need not exceed 1.25 with respect
with 95 percent confidence. to bearing stresses regardless of the
(c) The effects of temperature on al- method of inspection used; and
lowable stresses used for design in an (2) Need not be used with respect to
essential component or structure must the bearing surfaces of a part whose
be considered where thermal effects are bearing factor is larger than the appli-
significant under normal operating cable casting factor.
conditions. (c) Critical castings. For each casting
(d) The design of the structure must whose failure would preclude continued
minimize the probability of cata- safe flight and landing of the airplane
strophic fatigue failure, particularly at or result in serious injury to occu-
points of stress concentration. pants, the following apply:
(e) Design values greater than the (1) Each critical casting must ei-
guaranteed minimums required by this ther—
section may be used where only guar- (i) Have a casting factor of not less
anteed minimum values are normally than 1.25 and receive 100 percent in-
allowed if a ‘‘premium selection’’ of spection by visual, radiographic, and
the material is made in which a speci- either magnetic particle, penetrant or
men of each individual item is tested other approved equivalent non-destruc-
before use to determine that the actual tive inspection method; or
strength properties of that particular (ii) Have a casting factor of not less
item will equal or exceed those used in than 2.0 and receive 100 percent visual
design. inspection and 100 percent approved
non-destructive inspection. When an
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30

FR 258, Jan. 9, 1965, as amended by Amdt. 23– approved quality control procedure is
23, 43 FR 50592, Oct. 30, 1978; Amdt. 23–45, 58 established and an acceptable statis-
FR 42163, Aug. 6, 1993] tical analysis supports reduction, non-
244
destructive inspection may be reduced 1.50’’ and tested under paragraph (c)(2)
from 100 percent, and applied on a sam- of this section.
pling basis. (e) Non-structural castings. Castings
(2) For each critical casting with a used for non-structural purposes do not
casting factor less than 1.50, three sam- require evaluation, testing or close in-
ple castings must be static tested and spection.
shown to meet—
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
(i) The strength requirements of
§ 23.305 at an ultimate load cor- 1993]
responding to a casting factor of 1.25;
and § 23.623 Bearing factors.
(ii) The deformation requirements of
§ 23.305 at a load of 1.15 times the limit (a) Each part that has clearance (free
load. fit), and that is subject to pounding or
vibration, must have a bearing factor
(3) Examples of these castings are
large enough to provide for the effects
structural attachment fittings, parts of
of normal relative motion.
flight control systems, control surface
hinges and balance weight attach- (b) For control surface hinges and
ments, seat, berth, safety belt, and fuel control system joints, compliance with
and oil tank supports and attachments, the factors prescribed in §§ 23.657 and
and cabin pressure valves. 23.693, respectively, meets paragraph
(d) Non-critical castings. For each (a) of this section.
casting other than those specified in [Amdt. 23–7, 34 FR 13091, Aug. 13, 1969]
paragraph (c) or (e) of this section, the
following apply: § 23.625 Fitting factors.
(1) Except as provided in paragraphs For each fitting (a part or terminal
(d)(2) and (3) of this section, the casting used to join one structural member to
factors and corresponding inspections another), the following apply:
must meet the following table:
(a) For each fitting whose strength is
Casting factor Inspection not proven by limit and ultimate load
tests in which actual stress conditions
2.0 or more .................... 100 percent visual. are simulated in the fitting and sur-
Less than 2.0 but more 100 percent visual, and magnetic
than 1.5. particle or penetrant or equiva- rounding structures, a fitting factor of
lent nondestructive inspection at least 1.15 must be applied to each
methods. part of—
1.25 through 1.50 .......... 100 percent visual, magnetic par-
ticle or penetrant, and radio-
(1) The fitting;
graphic, or approved equivalent (2) The means of attachment; and
nondestructive inspection meth- (3) The bearing on the joined mem-
ods.
bers.
(2) The percentage of castings in- (b) No fitting factor need be used for
spected by nonvisual methods may be joint designs based on comprehensive
reduced below that specified in sub- test data (such as continuous joints in
paragraph (d)(1) of this section when an metal plating, welded joints, and scarf
approved quality control procedure is joints in wood).
established. (c) For each integral fitting, the part
(3) For castings procured to a speci- must be treated as a fitting up to the
fication that guarantees the mechan- point at which the section properties
ical properties of the material in the become typical of the member.
casting and provides for demonstration (d) For each seat, berth, safety belt,
of these properties by test of coupons and harness, its attachment to the
cut from the castings on a sampling structure must be shown, by analysis,
basis— tests, or both, to be able to withstand
(i) A casting factor of 1.0 may be the inertia forces prescribed in § 23.561
used; and multiplied by a fitting factor of 1.33.
(ii) The castings must be inspected as [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
provided in paragraph (d)(1) of this sec- amended by Amdt. 23–7, 34 FR 13091, Aug. 13,
tion for casting factors of ‘‘1.25 through 1969]
245
§ 23.627 14 CFR Ch. I (1–1–17 Edition)
§ 23.627 Fatigue strength. (2) The wing and aileron flutter pre-
The structure must be designed, as vention criteria, as represented by the
far as practicable, to avoid points of wing torsional stiffness and aileron
stress concentration where variable balance criteria, are limited in use to
stresses above the fatigue limit are airplanes without large mass con-
likely to occur in normal service. centrations (such as engines, floats, or
fuel tanks in outer wing panels) along
§ 23.629 Flutter. the wing span, and
(a) It must be shown by the methods (3) The airplane—
of paragraph (b) and either paragraph (i) Does not have a T-tail or other un-
(c) or (d) of this section, that the air- conventional tail configurations;
plane is free from flutter, control re- (ii) Does not have unusual mass dis-
versal, and divergence for any condi- tributions or other unconventional de-
tion of operation within the limit V-n sign features that affect the applica-
envelope and at all speeds up to the bility of the criteria, and
speed specified for the selected method. (iii) Has fixed-fin and fixed-stabilizer
In addition— surfaces.
(1) Adequate tolerances must be es- (e) For turbopropeller-powered air-
tablished for quantities which affect planes, the dynamic evaluation must
flutter, including speed, damping, mass include—
balance, and control system stiffness; (1) Whirl mode degree of freedom
and which takes into account the stability
(2) The natural frequencies of main of the plane of rotation of the propeller
structural components must be deter- and significant elastic, inertial, and
mined by vibration tests or other ap- aerodynamic forces, and
proved methods. (2) Propeller, engine, engine mount,
(b) Flight flutter tests must be made and airplane structure stiffness and
to show that the airplane is free from damping variations appropriate to the
flutter, control reversal and divergence particular configuration.
and to show that—
(f) Freedom from flutter, control re-
(1) Proper and adequate attempts to
versal, and divergence up to VD/MD
induce flutter have been made within
must be shown as follows:
the speed range up to VD/MD, or VDF/MDF
for jets; (1) For airplanes that meet the cri-
(2) The vibratory response of the teria of paragraphs (d)(1) through (d)(3)
structure during the test indicates of this section, after the failure, mal-
freedom from flutter; function, or disconnection of any single
(3) A proper margin of damping exists element in any tab control system.
at VD/MD, or VDF/MDF for jets; and (2) For airplanes other than those de-
(4) As VD/MD (or VDF/MDF for jets) is scribed in paragraph (f)(1) of this sec-
approached, there is no large or rapid tion, after the failure, malfunction, or
reduction in damping. disconnection of any single element in
(c) Any rational analysis used to pre- the primary flight control system, any
dict freedom from flutter, control re- tab control system, or any flutter
versal and divergence must cover all damper.
speeds up to 1.2 VD/1.2 MD, limited to (g) For airplanes showing compliance
Mach 1.0 for subsonic airplanes. with the fail-safe criteria of §§ 23.571
(d) Compliance with the rigidity and and 23.572, the airplane must be shown
mass balance criteria (pages 4–12), in by analysis to be free from flutter up
Airframe and Equipment Engineering to VD/MD after fatigue failure, or obvi-
Report No. 45 (as corrected) ‘‘Sim- ous partial failure, of a principal struc-
plified Flutter Prevention Criteria’’ tural element.
(published by the Federal Aviation Ad- (h) For airplanes showing compliance
ministration) may be accomplished to with the damage tolerance criteria of
show that the airplane is free from § 23.573, the airplane must be shown by
flutter, control reversal, or divergence analysis to be free from flutter up to
if— VD/MD with the extent of damage for

(1) VD/MD for the airplane is less than which residual strength is dem-
260 knots (EAS) and less than Mach 0.5, onstrated.
246
(i) For modifications to the type de- ing strength of the softest material
sign that could affect the flutter char- used as a bearing.
acteristics, compliance with paragraph (b) For ball or roller bearing hinges,
(a) of this section must be shown, ex- the approved rating of the bearing may
cept that analysis based on previously not be exceeded.
approved data may be used alone to
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
show freedom from flutter, control re-
versal and divergence, for all speeds up 1996]
to the speed specified for the selected
method. § 23.659 Mass balance.
[Amdt. 23–23, 43 FR 50592, Oct. 30, 1978, as The supporting structure and the at-
amended by Amdt. 23–31, 49 FR 46867, Nov. 28, tachment of concentrated mass bal-
1984; Amdt. 23–45, 58 FR 42164, Aug. 6, 1993; 58 ance weights used on control surfaces
FR 51970, Oct. 5, 1993; Amdt. 23–48, 61 FR 5148,
must be designed for—
Feb. 9, 1996; Amdt. 23–62, 76 FR 75756, Dec. 2,
2011] (a) 24 g normal to the plane of the
control surface;
WINGS (b) 12 g fore and aft; and
(c) 12 g parallel to the hinge line.
§ 23.641 Proof of strength.
The strength of stressed-skin wings CONTROL SYSTEMS
must be proven by load tests or by § 23.671 General.
combined structural analysis and load
tests. (a) Each control must operate easily,
smoothly, and positively enough to
CONTROL SURFACES allow proper performance of its func-
tions.
§ 23.651 Proof of strength. (b) Controls must be arranged and
(a) Limit load tests of control sur- identified to provide for convenience in
faces are required. These tests must in- operation and to prevent the possi-
clude the horn or fitting to which the bility of confusion and subsequent in-
control system is attached. advertent operation.
(b) In structural analyses, rigging
§ 23.672 Stability augmentation and
loads due to wire bracing must be ac- automatic and power-operated sys-
counted for in a rational or conserv- tems.
ative manner.
If the functioning of stability aug-
§ 23.655 Installation. mentation or other automatic or
power-operated systems is necessary to
(a) Movable surfaces must be in- show compliance with the flight char-
stalled so that there is no interference acteristics requirements of this part,
between any surfaces, their bracing, or such systems must comply with § 23.671
adjacent fixed structure, when one sur- and the following:
face is held in its most critical clear-
(a) A warning, which is clearly dis-
ance positions and the others are oper-
tinguishable to the pilot under ex-
ated through their full movement.
pected flight conditions without re-
(b) If an adjustable stabilizer is used, quiring the pilot’s attention, must be
it must have stops that will limit its provided for any failure in the stability
range of travel to that allowing safe augmentation system or in any other
flight and landing. automatic or power-operated system
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as that could result in an unsafe condi-
amended by Amdt. 23–45, 58 FR 42164, Aug. 6, tion if the pilot was not aware of the
1993] failure. Warning systems must not ac-
tivate the control system.
§ 23.657 Hinges. (b) The design of the stability aug-
(a) Control surface hinges, except mentation system or of any other auto-
ball and roller bearing hinges, must matic or power-operated system must
have a factor of safety of not less than permit initial counteraction of failures
6.67 with respect to the ultimate bear- without requiring exceptional pilot
247
§ 23.673 14 CFR Ch. I (1–1–17 Edition)
skill or strength, by either the deacti- be means near the trim control to indi-
vation of the system or a failed portion cate to the pilot the direction of trim
thereof, or by overriding the failure by control movement relative to airplane
movement of the flight controls in the motion. In addition, there must be
normal sense. means to indicate to the pilot the posi-
(c) It must be shown that, after any tion of the trim device with respect to
single failure of the stability aug- both the range of adjustment and, in
mentation system or any other auto- the case of lateral and directional
matic or power-operated system— trim, the neutral position. This means
(1) The airplane is safely controllable must be visible to the pilot and must
when the failure or malfunction occurs be located and designed to prevent con-
at any speed or altitude within the ap- fusion. The pitch trim indicator must
proved operating limitations that is be clearly marked with a position or
critical for the type of failure being range within which it has been dem-
considered; onstrated that take-off is safe for all
(2) The controllability and maneuver- center of gravity positions and each
ability requirements of this part are flap position approved for takeoff.
met within a practical operational (b) Trimming devices must be de-
flight envelope (for example, speed, al- signed so that, when any one con-
titude, normal acceleration, and air- necting or transmitting element in the
plane configuration) that is described primary flight control system fails,
in the Airplane Flight Manual (AFM); adequate control for safe flight and
and landing is available with—
(3) The trim, stability, and stall char- (1) For single-engine airplanes, the
acteristics are not impaired below a longitudinal trimming devices; or
level needed to permit continued safe (2) For multiengine airplanes, the
flight and landing. longitudinal and directional trimming
[Doc. No. 26269, 58 FR 42164, Aug. 6, 1993] devices.
(c) Tab controls must be irreversible
§ 23.673 Primary flight controls. unless the tab is properly balanced and
Primary flight controls are those has no unsafe flutter characteristics.
used by the pilot for the immediate Irreversible tab systems must have
control of pitch, roll, and yaw. adequate rigidity and reliability in the
portion of the system from the tab to
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as the attachment of the irreversible unit
amended by Amdt. 23–48, 61 FR 5148, Feb. 9, to the airplane structure.
1996]
(d) It must be demonstrated that the
§ 23.675 Stops. airplane is safely controllable and that
the pilot can perform all maneuvers
(a) Each control system must have and operations necessary to effect a
stops that positively limit the range of safe landing following any probable
motion of each movable aerodynamic powered trim system runaway that
surface controlled by the system. reasonably might be expected in serv-
(b) Each stop must be located so that ice, allowing for appropriate time
wear, slackness, or takeup adjustments delay after pilot recognition of the
will not adversely affect the control trim system runaway. The demonstra-
characteristics of the airplane because tion must be conducted at critical air-
of a change in the range of surface plane weights and center of gravity po-
travel. sitions.
(c) Each stop must be able to with-
stand any loads corresponding to the [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
design conditions for the control sys- amended by Amdt. 23–7, 34 FR 13091, Aug. 13,
tem. 1969; Amdt. 23–34, 52 FR 1830, Jan. 15, 1987;
Amdt. 23–42, 56 FR 353, Jan. 3, 1991; Amdt. 23–
[Amdt. 23–17, 41 FR 55464, Dec. 20, 1976] 49, 61 FR 5165, Feb. 9, 1996]
§ 23.677 Trim systems. § 23.679 Control system locks.

(a) Proper precautions must be taken If there is a device to lock the con-
to prevent inadvertent, improper, or trol system on the ground or water:
abrupt trim tab operation. There must (a) There must be a means to—
248
(1) Give unmistakable warning to the § 23.685 Control system details.

pilot when lock is engaged; or
(a) Each detail of each control sys-
(2) Automatically disengage the de- tem must be designed and installed to
vice when the pilot operates the pri- prevent jamming, chafing, and inter-
mary flight controls in a normal man- ference from cargo, passengers, loose
ner. objects, or the freezing of moisture.
(b) The device must be installed to (b) There must be means in the cock-
limit the operation of the airplane so pit to prevent the entry of foreign ob-
that, when the device is engaged, the jects into places where they would jam
pilot receives unmistakable warning at the system.
the start of the takeoff. (c) There must be means to prevent
(c) The device must have a means to the slapping of cables or tubes against
preclude the possibility of it becoming other parts.
inadvertently engaged in flight. (d) Each element of the flight control
system must have design features, or
[Doc. No. 26269, 58 FR 42164, Aug. 6, 1993]
must be distinctively and permanently
§ 23.681 Limit load static tests. marked, to minimize the possibility of
incorrect assembly that could result in
(a) Compliance with the limit load malfunctioning of the control system.
requirements of this part must be
shown by tests in which— [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
(1) The direction of the test loads 1976]
produces the most severe loading in the
control system; and § 23.687 Spring devices.
(2) Each fitting, pulley, and bracket
The reliability of any spring device
used in attaching the system to the
used in the control system must be es-
main structure is included. tablished by tests simulating service
(b) Compliance must be shown (by conditions unless failure of the spring
analyses or individual load tests) with will not cause flutter or unsafe flight
the special factor requirements for characteristics.
control system joints subject to angu-
lar motion. § 23.689 Cable systems.
§ 23.683 Operation tests. (a) Each cable, cable fitting, turn-

buckle, splice, and pulley used must
(a) It must be shown by operation meet approved specifications. In addi-
tests that, when the controls are oper- tion—
ated from the pilot compartment with (1) No cable smaller than 1⁄8 inch di-
the system loaded as prescribed in ameter may be used in primary control
paragraph (b) of this section, the sys- systems;
tem is free from— (2) Each cable system must be de-
(1) Jamming; signed so that there will be no haz-
(2) Excessive friction; and ardous change in cable tension
(3) Excessive deflection. throughout the range of travel under
(b) The prescribed test loads are— operating conditions and temperature
(1) For the entire system, loads cor- variations; and
responding to the limit airloads on the (3) There must be means for visual
appropriate surface, or the limit pilot inspection at each fairlead, pulley, ter-
forces in § 23.397(b), whichever are less; minal, and turnbuckle.
and (b) Each kind and size of pulley must
correspond to the cable with which it is
(2) For secondary controls, loads not
used. Each pulley must have closely
less than those corresponding to the
fitted guards to prevent the cables
maximum pilot effort established from being misplaced or fouled, even
under § 23.405. when slack. Each pulley must lie in the
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as plane passing through the cable so that
amended by Amdt. 23–7, 34 FR 13091, Aug. 13, the cable does not rub against the pul-
1969] ley flange.
249
§ 23.691 14 CFR Ch. I (1–1–17 Edition)
(c) Fairleads must be installed so be included in the limitations section

that they do not cause a change in of the AFM.
cable direction of more than three de- (f) For those airplanes whose design
grees. includes an autopilot system:
(d) Clevis pins subject to load or mo- (1) A quick release (emergency) con-
tion and retained only by cotter pins trol installed in accordance with
may not be used in the control system. § 23.1329(b) may be used to meet the re-
(e) Turnbuckles must be attached to quirements of paragraph (d), of this
parts having angular motion in a man- section, and
ner that will positively prevent binding (2) The pitch servo for that system
throughout the range of travel. may be used to provide the stall down-
(f) Tab control cables are not part of ward pitching motion.
the primary control system and may be (g) In showing compliance with
less than 1⁄8 inch diameter in airplanes § 23.1309, the system must be evaluated
that are safely controllable with the to determine the effect that any an-
tabs in the most adverse positions. nounced or unannounced failure may
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as have on the continued safe flight and
amended by Amdt. 23–7, 34 FR 13091, Aug. 13, landing of the airplane or the ability of
1969] the crew to cope with any adverse con-
ditions that may result from such fail-
§ 23.691 Artificial stall barrier system. ures. This evaluation must consider
If the function of an artificial stall the hazards that would result from the
barrier, for example, stick pusher, is airplane’s flight characteristics if the
used to show compliance with system was not provided, and the haz-
§ 23.201(c), the system must comply ard that may result from unwanted
with the following: downward pitching motion, which
(a) With the system adjusted for op- could result from a failure at airspeeds
eration, the plus and minus airspeeds above the selected stall speed.
at which downward pitching control
[Doc. No. 27806, 61 FR 5165, Feb. 9, 1996]
will be provided must be established.
(b) Considering the plus and minus § 23.693 Joints.
airspeed tolerances established by
paragraph (a) of this section, an air- Control system joints (in push-pull
speed must be selected for the activa- systems) that are subject to angular
tion of the downward pitching control motion, except those in ball and roller
that provides a safe margin above any bearing systems, must have a special
airspeed at which any unsatisfactory factor of safety of not less than 3.33
stall characteristics occur. with respect to the ultimate bearing
(c) In addition to the stall warning strength of the softest material used as
required § 23.07, a warning that is clear- a bearing. This factor may be reduced
ly distinguishable to the pilot under all to 2.0 for joints in cable control sys-
expected flight conditions without re- tems. For ball or roller bearings, the
quiring the pilot’s attention, must be approved ratings may not be exceeded.
provided for faults that would prevent
the system from providing the required § 23.697 Wing flap controls.
pitching motion. (a) Each wing flap control must be
(d) Each system must be designed so designed so that, when the flap has
that the artificial stall barrier can be been placed in any position upon which
quickly and positively disengaged by compliance with the performance re-
the pilots to prevent unwanted down- quirements of this part is based, the
ward pitching of the airplane by a flap will not move from that position
quick release (emergency) control that unless the control is adjusted or is
meets the requirements of § 23.1329(b). moved by the automatic operation of a
(e) A preflight check of the complete flap load limiting device.
system must be established and the (b) The rate of movement of the flaps
procedure for this check made avail- in response to the operation of the pi-
able in the Airplane Flight Manual lot’s control or automatic device must
(AFM). Preflight checks that are crit- give satisfactory flight and perform-
ical to the safety of the airplane must ance characteristics under steady or
250
changing conditions of airspeed, engine (c) If an interconnection is used in

power, and attitude. multiengine airplanes, it must be de-
(c) If compliance with § 23.145(b)(3) signed to account for the
necessitates wing flap retraction to po- unsummetrical loads resulting from
sitions that are not fully retracted, the flight with the engines on one side of
wing flap control lever settings cor- the plane of symmetry inoperative and
responding to those positions must be the remaining engines at takeoff
positively located such that a definite power. For single-engine airplanes, and
change of direction of movement of the multiengine airplanes with no slip-
lever is necessary to select settings be- stream effects on the flaps, it may be
yond those settings. assumed that 100 percent of the critical
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as air load acts on one side and 70 percent
amended by Amdt. 23–49, 61 FR 5165, Feb. 9, on the other.
1996]
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
§ 23.699 Wing flap position indicator. amended by Amdt. 23–14, 38 FR 31821, Nov. 19,
1973; Amdt. 23–42, 56 FR 353, Jan. 3, 1991; 56
There must be a wing flap position FR 5455, Feb. 11, 1991; Amdt. 23–49, 61 FR 5165,
indicator for— Feb. 9, 1996]
(a) Flap installations with only the
retracted and fully extended position, § 23.703 Takeoff warning system.
unless—
For all airplanes with a maximum
(1) A direct operating mechanism
weight more than 6,000 pounds and all
provides a sense of ‘‘feel’’ and position
(such as when a mechanical linkage is jets, unless it can be shown that a lift
employed); or or longitudinal trim device that affects
(2) The flap position is readily deter- the takeoff performance of the airplane
mined without seriously detracting would not give an unsafe takeoff con-
from other piloting duties under any figuration when selected out of an ap-
flight condition, day or night; and proved takeoff position, a takeoff
(b) Flap installation with inter- warning system must be installed and
mediate flap positions if— meet the following requirements:
(1) Any flap position other than re- (a) The system must provide to the
tracted or fully extended is used to pilots an aural warning that is auto-
show compliance with the performance matically activated during the initial
requirements of this part; and portion of the takeoff role if the air-
(2) The flap installation does not plane is in a configuration that would
meet the requirements of paragraph not allow a safe takeoff. The warning
(a)(1) of this section. must continue until—
(1) The configuration is changed to
§ 23.701 Flap interconnection.
allow safe takeoff, or
(a) The main wing flaps and related (2) Action is taken by the pilot to
movable surfaces as a system must— abandon the takeoff roll.
(1) Be synchronized by a mechanical (b) The means used to activate the
interconnection between the movable system must function properly for all
flap surfaces that is independent of the authorized takeoff power settings and
flap drive system; or by an approved procedures and throughout the ranges
equivalent means; or of takeoff weights, altitudes, and tem-
(2) Be designed so that the occur-
peratures for which certification is re-
rence of any failure of the flap system
quested.
that would result in an unsafe flight
characteristic of the airplane is ex- (c) For the purpose of this section, an
tremely improbable; or unsafe takeoff configuration is the in-
(b) The airplane must be shown to ability to rotate or the inability to pre-
have safe flight characteristics with vent an immediate stall after rotation.
any combination of extreme positions
[Doc. No. 27806, 61 FR 5166, Feb. 9, 1996, as

of individual movable surfaces (me- amended by Amdt. 23–62, 76 FR 75757, Dec. 2,
chanically interconnected surfaces are 2011]
to be considered as a single surface).
251
§ 23.721 14 CFR Ch. I (1–1–17 Edition)
LANDING GEAR er relation, from free drop heights not

less than those determined by the fol-
§ 23.721 General. lowing formula:
For commuter category airplanes h (inches) = 3.6 (W/S) 1⁄2
that have a passenger seating configu-
ration, excluding pilot seats, of 10 or However, the free drop height may not
more, the following general require- be less than 9.2 inches and need not be
ments for the landing gear apply: more than 18.7 inches.
(a) The main landing-gear system (b) If the effect of wing lift is pro-
must be designed so that if it fails due vided for in free drop tests, the landing
to overloads during takeoff and landing gear must be dropped with an effective
(assuming the overloads to act in the weight equal to
upward and aft directions), the failure
mode is not likely to cause the spillage
of enough fuel from any part of the fuel We = W
[h + (1 − L) d ]
system to consitute a fire hazard.
(b) Each airplane must be designed so
(h + d )
that, with the airplane under control, where—
it can be landed on a paved runway We = the effective weight to be used in the
with any one or more landing-gear legs drop test (lbs.);
not extended without sustaining a h = specified free drop height (inches);
structural component failure that is d = deflection under impact of the tire (at
the approved inflation pressure) plus the
likely to cause the spillage of enough vertical component of the axle travel rel-
fuel to consitute a fire hazard. ative to the drop mass (inches);
(c) Compliance with the provisions of W = WM for main gear units (lbs), equal to
this section may be shown by analysis the static weight on that unit with the
or tests, or both. airplane in the level attitude (with the
nose wheel clear in the case of nose
[Amdt. 23–34, 52 FR 1830, Jan. 15, 1987] wheel type airplanes);
W = WT for tail gear units (lbs.), equal to the
§ 23.723 Shock absorption tests. static weight on the tail unit with the
(a) It must be shown that the limit airplane in the tail-down attitude;
load factors selected for design in ac- W = WN for nose wheel units lbs.), equal to
cordance with § 23.473 for takeoff and the vertical component of the static re-
action that would exist at the nose
landing weights, respectively, will not
wheel, assuming that the mass of the air-
be exceeded. This must be shown by en- plane acts at the center of gravity and
ergy absorption tests except that anal- exerts a force of 1.0 g downward and 0.33
ysis based on tests conducted on a g forward; and
landing gear system with identical en- L = the ratio of the assumed wing lift to the
ergy absorption characteristics may be airplane weight, but not more than 0.667.
used for increases in previously ap- (c) The limit inertia load factor must
proved takeoff and landing weights. be determined in a rational or conserv-
(b) The landing gear may not fail, but ative manner, during the drop test,
may yield, in a test showing its reserve using a landing gear unit attitude, and
energy absorption capacity, simulating applied drag loads, that represent the
a descent velocity of 1.2 times the limit landing conditions.
descent velocity, assuming wing lift (d) The value of d used in the com-
equal to the weight of the airplane. putation of We in paragraph (b) of this
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30 section may not exceed the value actu-
FR 258, Jan. 9, 1965, as amended by Amdt. 23– ally obtained in the drop test.
23, 43 FR 50593, Oct. 30, 1978; Amdt. 23–49, 61 (e) The limit inertia load factor must
FR 5166, Feb. 9, 1996] be determined from the drop test in
paragraph (b) of this section according
§ 23.725 Limit drop tests.
to the following formula:
(a) If compliance with § 23.723(a) is
shown by free drop tests, these tests We
n = nj +L
EC28SE91.015</MATH>
must be made on the complete air-

plane, or on units consisting of wheel, W
tire, and shock absorber, in their prop- where—
252
EC28SE91.014</MATH>
nj = the load factor developed in the drop torque, and air loads, occurring during
test (that is, the acceleration (dv/dt) in gs retraction at any airspeed up to 1.6 VS1
recorded in the drop test) plus 1.0; and with flaps retracted, and for any load
We, W, and L are the same as in the drop test
computation.
factor up to those specified in § 23.345
for the flaps-extended condition.
(f) The value of n determined in ac- (2) The landing gear and retracting
cordance with paragraph (e) may not mechanism, including the wheel well
be more than the limit inertia load fac- doors, must withstand flight loads, in-
tor used in the landing conditions in cluding loads resulting from all yawing
§ 23.473. conditions specified in § 23.351, with the
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as landing gear extended at any speed up
amended by Amdt. 23–7, 34 FR 13091, Aug. 13, to at least 1.6 VS1 with the flaps re-
1969; Amdt. 23–48, 61 FR 5148, Feb. 9, 1996] tracted.
(b) Landing gear lock. There must be
§ 23.726 Ground load dynamic tests. positive means (other than the use of
(a) If compliance with the ground hydraulic pressure) to keep the landing
load requirements of §§ 23.479 through gear extended.
23.483 is shown dynamically by drop (c) Emergency operation. For a land-
test, one drop test must be conducted plane having retractable landing gear
that meets § 23.725 except that the drop that cannot be extended manually,
height must be— there must be means to extend the
(1) 2.25 times the drop height pre- landing gear in the event of either—
scribed in § 23.725(a); or (1) Any reasonably probable failure in
(2) Sufficient to develop 1.5 times the the normal landing gear operation sys-
limit load factor. tem; or
(b) The critical landing condition for (2) Any reasonably probable failure in
each of the design conditions specified a power source that would prevent the
in §§ 23.479 through 23.483 must be used operation of the normal landing gear
for proof of strength. operation system.
[Amdt. 23–7, 34 FR 13091, Aug. 13, 1969] (d) Operation test. The proper func-
tioning of the retracting mechanism
§ 23.727 Reserve energy absorption must be shown by operation tests.
drop test. (e) Position indicator. If a retractable
(a) If compliance with the reserve en- landing gear is used, there must be a
ergy absorption requirement in landing gear position indicator (as well
§ 23.723(b) is shown by free drop tests, as necessary switches to actuate the
the drop height may not be less than indicator) or other means to inform the
1.44 times that specified in § 23.725. pilot that each gear is secured in the
(b) If the effect of wing lift is pro- extended (or retracted) position. If
vided for, the units must be dropped switches are used, they must be located
with an effective mass equal to We=Wh/ and coupled to the landing gear me-
(h + d), when the symbols and other de- chanical system in a manner that pre-
tails are the same as in § 23.725. vents an erroneous indication of either
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
‘‘down and locked’’ if each gear is not
amended by Amdt. 23–7, 34 FR 13091, Aug. 13, in the fully extended position, or ‘‘up
1969] and locked’’ if each landing gear is not
in the fully retracted position.
§ 23.729 Landing gear extension and (f) Landing gear warning. For land-
retraction system. planes, the following aural or equally
(a) General. For airplanes with re- effective landing gear warning devices
tractable landing gear, the following must be provided:
apply: (1) A device that functions continu-
(1) Each landing gear retracting ously when one or more throttles are
mechanism and its supporting struc- closed beyond the power settings nor-
ture must be designed for maximum mally used for landing approach if the
flight load factors with the gear re- landing gear is not fully extended and
tracted and must be designed for the locked. A throttle stop may not be
combination of friction, inertia, brake used in place of an aural device. If
253
§ 23.731 14 CFR Ch. I (1–1–17 Edition)
there is a manual shutoff for the warn- (1) By a load on each main wheel tire)
ing device prescribed in this paragraph, to be compared to the static rating ap-
the warning system must be designed proved for such tires) equal to the cor-
so that when the warning has been sus- responding static ground reaction
pended after one or more throttles are under the design maximum weight and
closed, subsequent retardation of any critical center of gravity; and
throttle to, or beyond, the position for (2) By a load on nose wheel tires (to
normal landing approach will activate be compared with the dynamic rating
the warning device. approved for such tires) equal to the re-
(2) A device that functions continu- action obtained at the nose wheel, as-
ously when the wing flaps are extended suming the mass of the airplane to be
beyond the maximum approach flap po- concentrated at the most critical cen-
sition, using a normal landing proce- ter of gravity and exerting a force of
dure, if the landing gear is not fully ex- 1.0 W downward and 0.31 W forward
tended and locked. There may not be a (where W is the design maximum
manual shutoff for this warning device. weight), with the reactions distributed
The flap position sensing unit may be to the nose and main wheels by the
installed at any suitable location. The principles of statics and with the drag
system for this device may use any reaction at the ground applied only at
part of the system (including the aural wheels with brakes.
warning device) for the device required (b) If specially constructed tires are
in paragraph (f)(1) of this section. used, the wheels must be plainly and
(g) Equipment located in the landing conspicuously marked to that effect.
gear bay. If the landing gear bay is used The markings must include the make,
as the location for equipment other size, number of plies, and identification
than the landing gear, that equipment marking of the proper tire.
must be designed and installed to mini- (c) Each tire installed on a retract-
mize damage from items such as a tire able landing gear system must, at the
burst, or rocks, water, and slush that maximum size of the tire type expected
may enter the landing gear bay. in service, have a clearance to sur-
rounding structure and systems that is
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
adequate to prevent contact between
1969; Amdt. 23–21, 43 FR 2318, Jan. 16, 1978; the tire and any part of the structure
Amdt. 23–26, 45 FR 60171, Sept. 11, 1980; Amdt. of systems.
23–45, 58 FR 42164, Aug. 6, 1993; Amdt. 23–49, 61
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
FR 5166, Feb. 9, 1996]
1969; Amdt. 23–17, 41 FR 55464, Dec. 20, 1976;
§ 23.731 Wheels. Amdt. 23–45, 58 FR 42165, Aug. 6, 1993]
(a) The maximum static load rating
of each wheel may not be less than the § 23.735 Brakes.
corresponding static ground reaction (a) Brakes must be provided. The
with— landing brake kinetic energy capacity
(1) Design maximum weight; and rating of each main wheel brake assem-
(2) Critical center of gravity. bly must not be less than the kinetic
(b) The maximum limit load rating of energy absorption requirements deter-
each wheel must equal or exceed the mined under either of the following
maximum radial limit load determined methods:
under the applicable ground load re- (1) The brake kinetic energy absorp-
quirements of this part. tion requirements must be based on a
conservative rational analysis of the
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
sequence of events expected during
1993] landing at the design landing weight.
(2) Instead of a rational analysis, the
§ 23.733 Tires. kinetic energy absorption require-
ments for each main wheel brake as-
(a) Each landing gear wheel must
sembly may be derived from the fol-

have a tire whose approved tire ratings
lowing formula:
(static and dynamic) are not exceed-
ed— KE = 0.0443 WV2/N
254
where— § 23.737 Skis.
KE = Kinetic energy per wheel (ft.-lb.);
W = Design landing weight (lb.);
The maximum limit load rating for
V = Airplane speed in knots. V must be not each ski must equal or exceed the max-
less than VS√, the poweroff stalling speed imum limit load determined under the
of the airplane at sea level, at the design applicable ground load requirements of
landing weight, and in the landing con- this part.
figuration; and
N = Number of main wheels with brakes. [Doc. No. 26269, 58 FR 42165, Aug. 6, 1993]
(b) Brakes must be able to prevent § 23.745 Nose/tail wheel steering.

the wheels from rolling on a paved run-
(a) If nose/tail wheel steering is in-
way with takeoff power on the critical
stalled, it must be demonstrated that
engine, but need not prevent movement
its use does not require exceptional
of the airplane with wheels locked.
pilot skill during takeoff and landing,
(c) During the landing distance deter- in crosswinds, or in the event of an en-
mination required by § 23.75, the pres- gine failure; or its use must be limited
sure on the wheel braking system must to low speed maneuvering.
not exceed the pressure specified by the
(b) Movement of the pilot’s steering
brake manufacturer.
control must not interfere with the re-
(d) If antiskid devices are installed,
traction or extension of the landing
the devices and associated systems
gear.
must be designed so that no single
probable malfunction or failure will re- [Doc. No. 27806, 61 FR 5166, Feb. 9, 1996]
sult in a hazardous loss of braking abil-
ity or directional control of the air- FLOATS AND HULLS
plane.
(e) For airplanes required to meet § 23.751 Main float buoyancy.
§ 23.55, the rejected takeoff brake ki- (a) Each main float must have—
netic energy capacity rating of each (1) A buoyancy of 80 percent in excess
main wheel brake assembly may not be of the buoyancy required by that float
less than the kinetic energy absorption to support its portion of the maximum
requirements determined under either weight of the seaplane or amphibian in
of the following methods— fresh water; and
(1) The brake kinetic energy absorp- (2) Enough watertight compartments
tion requirements must be based on a to provide reasonable assurance that
conservative rational analysis of the the seaplane or amphibian will stay
sequence of events expected during a afloat without capsizing if any two
rejected takeoff at the design takeoff compartments of any main float are
weight. flooded.
(2) Instead of a rational analysis, the (b) Each main float must contain at
kinetic energy absorption require- least four watertight compartments
ments for each main wheel brake as- approximately equal in volume.
sembly may be derived from the fol-
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
lowing formula—
KE = 0.0443 WV2/N where; 1993]
KE = Kinetic energy per wheel (ft.-
lbs.); § 23.753 Main float design.
W = Design takeoff weight (lbs.); Each seaplane main float must meet
V = Ground speed, in knots, associated the requirements of § 23.521.
with the maximum value of V1 se-
lected in accordance with [Doc. No. 26269, 58 FR 42165, Aug. 6, 1993]
§ 23.51(c)(1);
N = Number of main wheels with § 23.755 Hulls.
brakes. (a) The hull of a hull seaplane or am-
phibian of 1,500 pounds or more max-
[Amdt. 23–7, 34 FR 13092, Aug. 13, 1969, as
imum weight must have watertight

1979; Amdt. 23–42, 56 FR 354, Jan. 3, 1991; compartments designed and arranged
Amdt. 23–49, 61 FR 5166, Feb. 9, 1996; Amdt. so that the hull auxiliary floats, and
23–62, 76 FR 75757, Dec. 2, 2011] tires (if used), will keep the airplane
255
§ 23.757 14 CFR Ch. I (1–1–17 Edition)
afloat without capsizing in fresh water able the pilot to safely taxi, takeoff,
when— approach, land, and perform any ma-
(1) For airplanes of 5,000 pounds or neuvers within the operating limita-
more maximum weight, any two adja- tions of the airplane.
cent compartments are flooded; and (2) Free from glare and reflections
(2) For airplanes of 1,500 pounds up that could interfere with the pilot’s vi-
to, but not including, 5,000 pounds max- sion. Compliance must be shown in all
imum weight, any single compartment operations for which certification is re-
is flooded. quested; and
(b) Watertight doors in bulkheads
(3) Designed so that each pilot is pro-
may be used for communication be-
tected from the elements so that mod-
tween compartments.
erate rain conditions do not unduly im-
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as pair the pilot’s view of the flight path
amended by Amdt. 23–45, 58 FR 42165, Aug. 6, in normal flight and while landing.
1993; Amdt. 23–48, 61 FR 5148, Feb. 9, 1996]
(b) Each pilot compartment must
§ 23.757 Auxiliary floats. have a means to either remove or pre-
vent the formation of fog or frost on an
Auxiliary floats must be arranged so
area of the internal portion of the
that, when completely submerged in
windshield and side windows suffi-
fresh water, they provide a righting
moment of at least 1.5 times the upset- ciently large to provide the view speci-
ting moment caused by the seaplane or fied in paragraph (a)(1) of this section.
amphibian being tilted. Compliance must be shown under all
expected external and internal ambient
PERSONNEL AND CARGO operating conditions, unless it can be
ACCOMMODATIONS shown that the windshield and side
windows can be easily cleared by the
§ 23.771 Pilot compartment. pilot without interruption of normal
For each pilot compartment— pilot duties.
(a) The compartment and its equip-
[Doc. No. 26269, 58 FR 42165, Aug. 6, 1993; 71
ment must allow each pilot to perform FR 537, Jan. 5, 2006]
his duties without unreasonable con-
centration or fatigue; EFFECTIVE DATE NOTE: At 81 FR 90169, Dec.
(b) Where the flight crew are sepa- 13, 2016, § 23.773 was amended by adding para-
rated from the passengers by a parti- graph (c), effective Mar. 13, 2017. For the con-
tion, an opening or openable window or venience of the user, the added text is set
forth as follows:
door must be provided to facilitate
communication between flight crew § 23.773 Pilot compartment view.
and the passengers; and
(c) The aerodynamic controls listed
* * * * *
in § 23.779, excluding cables and control
rods, must be located with respect to (c) A vision system with a transparent dis-
the propellers so that no part of the play surface located in the pilot’s outside
pilot or the controls lies in the region field of view, such as a head up-display, head
between the plane of rotation of any mounted display, or other equivalent dis-
play, must meet the following requirements:
inboard propeller and the surface gen-
(1) While the vision system display is in op-
erated by a line passing through the
eration, it must compensate for interference
center of the propeller hub making an with the pilot’s outside field of view such
angle of 5 degrees forward or aft of the that the combination of what is visible in
plane of rotation of the propeller. the display and what remains visible through
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as and around it, enables the pilot to perform
amended by Amdt. 23–14, 38 FR 31821, Nov. 19, the maneuvers specified in paragraph (a)(1)
1973] of this section and the pilot compartment to
meet the provisions of paragraph (a)(2) of
§ 23.773 Pilot compartment view. this section.
(2) The pilot’s view of the external scene
(a) Each pilot compartment must
may not be distorted by the transparent dis-

be— play surface or by the vision system im-
(1) Arranged with sufficiently exten- agery. When the vision system displays im-
sive, clear and undistorted view to en- agery and any symbology referenced to the
256
imagery and outside scene topography, in- (f) Unless operation in known or fore-
cluding attitude symbology, flight path vec- cast icing conditions is prohibited by
tor, and flight path angle reference cue, that operating limitations, a means must be
imagery and symbology must be aligned
provided to prevent or to clear accumu-
with, and scaled to, the external scene.
(3) The vision system must provide a
lations of ice from the windshield so
means to allow the pilot using the display to that the pilot has adequate view for
immediately deactivate and reactivate the taxi, takeoff, approach, landing, and to
vision system imagery, on demand, without perform any maneuvers within the op-
removing the pilot’s hands from the primary erating limitations of the airplane.
flight controls or thrust controls. (g) In the event of any probable sin-
(4) When the vision system is not in oper- gle failure, a transparency heating sys-
ation it may not restrict the pilot from per- tem must be incapable of raising the
forming the maneuvers specified in para- temperature of any windshield or win-
graph (a)(1) of this section and the pilot com-
partment from meeting the provisions of
dow to a point where there would be—
paragraph (a)(2) of this section. (1) Structural failure that adversely
affects the integrity of the cabin; or
§ 23.775 Windshields and windows. (2) There would be a danger of fire.
(h) In addition, for commuter cat-
(a) The internal panels of windshields egory airplanes, the following applies:
and windows must be constructed of a (1) Windshield panes directly in front
nonsplintering material, such as non- of the pilots in the normal conduct of
splintering safety glass. their duties, and the supporting struc-
(b) The design of windshields, win- tures for these panes, must withstand,
dows, and canopies in pressurized air- without penetration, the impact of a
planes must be based on factors pecu- two-pound bird when the velocity of
liar to high altitude operation, includ- the airplane (relative to the bird along
ing— the airplane’s flight path) is equal to
(1) The effects of continuous and cy- the airplane’s maximum approach flap
clic pressurization loadings; speed.
(2) The inherent characteristics of (2) The windshield panels in front of
the material used; and the pilots must be arranged so that, as-
(3) The effects of temperatures and suming the loss of vision through any
temperature gradients. one panel, one or more panels remain
(c) On pressurized airplanes, if cer- available for use by a pilot seated at a
tification for operation up to and in- pilot station to permit continued safe
cluding 25,000 feet is requested, an en- flight and landing.
closure canopy including a representa-
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
tive part of the installation must be amended by Amdt. 23–7, 34 FR 13092, Aug. 13,
subjected to special tests to account 1969; Amdt. 23–45, 58 FR 42165, Aug. 6, 1993; 58
for the combined effects of continuous FR 51970, Oct. 5, 1993; Amdt. 23–49, 61 FR 5166,
and cyclic pressurization loadings and Feb. 9, 1996]
flight loads, or compliance with the
fail-safe requirements of paragraph (d) § 23.777 Cockpit controls.
of this section must be shown. (a) Each cockpit control must be lo-
(d) If certification for operation cated and (except where its function is
above 25,000 feet is requested the wind- obvious) identified to provide conven-
shields, window panels, and canopies ient operation and to prevent confusion
must be strong enough to withstand and inadvertent operation.
the maximum cabin pressure differen- (b) The controls must be located and
tial loads combined with critical aero- arranged so that the pilot, when seat-
dynamic pressure and temperature ef- ed, has full and unrestricted movement
fects, after failure of any load-carrying of each control without interference
element of the windshield, window from either his clothing or the cockpit
panel, or canopy. structure.
(e) The windshield and side windows (c) Powerplant controls must be lo-
forward of the pilot’s back when the cated—
pilot is seated in the normal flight po- (1) For multiengine airplanes, on the
sition must have a luminous transmit- pedestal or overhead at or near the
tance value of not less than 70 percent. center of the cockpit;
257
§ 23.779 14 CFR Ch. I (1–1–17 Edition)
(2) For single and tandem seated sin- (2) Far enough away from the landing
gle-engine airplanes, on the left side gear control to avoid confusion.
console or instrument panel; (g) The landing gear control must be
(3) For other single-engine airplanes located to the left of the throttle cen-
at or near the center of the cockpit, on terline or pedestal centerline.
the pedestal, instrument panel, or (h) Each fuel feed selector control
overhead; and must comply with § 23.995 and be lo-
(4) For airplanes, with side-by-side cated and arranged so that the pilot
pilot seats and with two sets of power- can see and reach it without moving
plant controls, on left and right con- any seat or primary flight control
soles. when his seat is at any position in
(d) When separate and distinct con- which it can be placed.
trol levers are co-located (such as lo- (1) For a mechanical fuel selector:
cated together on the pedestal), the (i) The indication of the selected fuel
control location order from left to valve position must be by means of a
right must be power (thrust) lever, pro- pointer and must provide positive iden-
peller (rpm control), and mixture con- tification and feel (detent, etc.) of the
trol (condition lever and fuel cut-off selected position.
for turbine-powered airplanes). Power (ii) The position indicator pointer
(thrust) levers must be easily distin- must be located at the part of the han-
guishable from other controls, and pro- dle that is the maximum dimension of
vide for accurate, consistent operation. the handle measured from the center of
Carburetor heat or alternate air con- rotation.
trol must be to the left of the throttle (2) For electrical or electronic fuel
or at least eight inches from the mix- selector:
ture control when located other than (i) Digital controls or electrical
on a pedestal. Carburetor heat or alter- switches must be properly labelled.
nate air control, when located on a (ii) Means must be provided to indi-
pedestal, must be aft or below the cate to the flight crew the tank or
power (thrust) lever. Supercharger con- function selected. Selector switch posi-
trols must be located below or aft of tion is not acceptable as a means of in-
the propeller controls. Airplanes with dication. The ‘‘off’’ or ‘‘closed’’ posi-
tandem seating or single-place air- tion must be indicated in red.
(3) If the fuel valve selector handle or
planes may utilize control locations on
electrical or digital selection is also a
the left side of the cabin compartment;
fuel shut-off selector, the off position
however, location order from left to
marking must be colored red. If a sepa-
right must be power (thrust) lever, pro-
rate emergency shut-off means is pro-
peller (rpm control), and mixture con-
vided, it also must be colored red.
trol.
(e) Identical powerplant controls for [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
each engine must be located to prevent amended by Amdt. 23–7, 34 FR 13092, Aug. 13,
confusion as to the engines they con- 1969; Amdt. 23–33, 51 FR 26656, July 24, 1986;
Amdt. 23–51, 61 FR 5136, Feb. 9, 1996; Amdt.
trol. 23–62, 76 FR 75757, Dec. 2, 2011]
(1) Conventional multiengine power-
plant controls must be located so that § 23.779 Motion and effect of cockpit
the left control(s) operates the left en- controls.
gines(s) and the right control(s) oper- Cockpit controls must be designed so
ates the right engine(s). that they operate in accordance with
(2) On twin-engine airplanes with the following movement and actuation:
front and rear engine locations (tan- (a) Aerodynamic controls:
dem), the left powerplant controls
must operate the front engine and the Motion and effect
right powerplant controls must operate
the rear engine. (1) Primary con-
(f) Wing flap and auxiliary lift device trols:
Aileron ...... Right (clockwise) for right
controls must be located—
wing down.
(1) Centrally, or to the right of the Elevator ..... Rearward for nose up.
pedestal or powerplant throttle control Rudder ....... Right pedal forward for
centerline; and nose right.
258
Motion and effect Motion and effect
(2) Secondary Propellers .. Forward to increase rpm.

controls: Mixture ...... Forward or upward for
Flaps (or Forward or up for flaps up rich.
auxiliary or auxiliary device Fuel ........... Forward for open.
lift de- stowed; rearward or Carburetor, Forward or upward for
vices). down for flaps down or air heat cold.
auxiliary device de- or alter-
ployed. nate air.
Trim tabs Switch motion or mechan-
Super- Forward or upward for low
(or equiv- ical rotation of control
charger. blower.
alent). to produce similar rota-
Turbosuper- Forward, upward, or
tion of the airplane
chargers. clockwise to increase
about an axis parallel to
pressure.
the axis control. Axis of
roll trim control may be Rotary con- Clockwise from off to full
displaced to accommo- trols. on.
date comfortable actu- (2) Auxiliary
ation by the pilot. For controls:
single-engine airplanes, Fuel tank Right for right tanks, left
direction of pilot’s hand selector. for left tanks.
movement must be in Landing Down to extend.
the same sense as air- gear.
plane response for rud- Speed Aft to extend.
der trim if only a por- brakes.
tion of a rotational ele-
ment is accessible. [Amdt. 23–33, 51 FR 26656, July 24, 1986, as
(b) Powerplant and auxiliary con- amended by Amdt. 23–51, 61 FR 5136, Feb. 9,
1996]
trols:
Motion and effect § 23.781 Cockpit control knob shape.
(a) Flap and landing gear control
(1) Powerplant
controls:
knobs must conform to the general
Power Forward to increase for- shapes (but not necessarily the exact
(thrust) ward thrust and rear- sizes or specific proportions) in the fol-
lever. ward to increase rear- lowing figure:
ward thrust.
259
§ 23.781 14 CFR Ch. I (1–1–17 Edition)
260
EC28SE91.016</GPH>
(b) Powerplant control knobs must disk or any other potential hazard so
conform to the general shapes (but not as to endanger persons using the door.
necessarily the exact sizes or specific (c) Each external passenger or crew
proportions) in the following figure: door must comply with the following
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30 requirements:
FR 258, Jan. 9, 1965, as amended by Amdt. 23– (1) There must be a means to lock
33, 51 FR 26657, July 24, 1986] and safeguard the door against inad-
vertent opening during flight by per-
§ 23.783 Doors. sons, by cargo, or as a result of me-
(a) Each closed cabin with passenger chanical failure.
accommodations must have at least (2) The door must be openable from
one adequate and easily accessible ex-
the inside and the outside when the in-

ternal door. ternal locking mechanism is in the
(b) Passenger doors must not be lo- locked position.
cated with respect to any propeller
261
EC28SE91.017</GPH>
§ 23.785 14 CFR Ch. I (1–1–17 Edition)
(3) There must be a means of opening (3) There must be a visual warning
which is simple and obvious and is ar- means to signal a flight crewmember if
ranged and marked inside and outside the external door is not fully closed
so that the door can be readily located, and locked. The means must be de-
unlocked, and opened, even in dark- signed so that any failure, or combina-
ness. tion of failures, that would result in an
(4) The door must meet the marking erroneous closed and locked indication
requirements of § 23.811 of this part. is improbable for doors for which the
(5) The door must be reasonably free initial opening movement is not in-
from jamming as a result of fuselage ward.
deformation in an emergency landing. (f) In addition, for commuter cat-
(6) Auxiliary locking devices that are egory airplanes, the following require-
actuated externally to the airplane ments apply:
may be used but such devices must be (1) Each passenger entry door must
overridden by the normal internal qualify as a floor level emergency exit.
opening means. This exit must have a rectangular
opening of not less than 24 inches wide
(d) In addition, each external pas-
by 48 inches high, with corner radii not
senger or crew door, for a commuter
greater than one-third the width of the
category airplane, must comply with
exit.
the following requirements:
(2) If an integral stair is installed at
(1) Each door must be openable from a passenger entry door, the stair must
both the inside and outside, even be designed so that, when subjected to
though persons may be crowded the inertia loads resulting from the ul-
against the door on the inside of the timate static load factors in
airplane. § 23.561(b)(2) and following the collapse
(2) If inward opening doors are used, of one or more legs of the landing gear,
there must be a means to prevent occu- it will not reduce the effectiveness of
pants from crowding against the door emergency egress through the pas-
to the extent that would interfere with senger entry door.
opening the door. (g) If lavatory doors are installed,
(3) Auxiliary locking devices may be they must be designed to preclude an
used. occupant from becoming trapped inside
(e) Each external door on a com- the lavatory. If a locking mechanism is
muter category airplane, each external installed, it must be capable of being
door forward of any engine or propeller unlocked from outside of the lavatory.
on a normal, utility, or acrobatic cat-
egory airplane, and each door of the [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30
FR 258, Jan. 9, 1965, as amended by Amdt. 23–
pressure vessel on a pressurized air- 36, 53 FR 30813, Aug. 15, 1988; Amdt. 23–46, 59
plane must comply with the following FR 25772, May 17, 1994; Amdt. 23–49, 61 FR
requirements: 5166, Feb. 9, 1996]
(1) There must be a means to lock
and safeguard each external door, in- § 23.785 Seats, berths, litters, safety
cluding cargo and service type doors, belts, and shoulder harnesses.
against inadvertent opening in flight, There must be a seat or berth for
by persons, by cargo, or as a result of each occupant that meets the fol-
mechanical failure or failure of a single lowing:
structural element, either during or (a) Each seat/restraint system and
after closure. the supporting structure must be de-
(2) There must be a provision for di- signed to support occupants weighing
rect visual inspection of the locking at least 215 pounds when subjected to
mechanism to determine if the exter- the maximum load factors cor-
nal door, for which the initial opening responding to the specified flight and
movement is not inward, is fully closed ground load conditions, as defined in
and locked. The provisions must be dis- the approved operating envelope of the
cernible, under operating lighting con- airplane. In addition, these loads must
ditions, by a crewmember using a be multiplied by a factor of 1.33 in de-

flashlight or an equivalent lighting termining the strength of all fittings
source. and the attachment of—
262
(1) Each seat to the structure; and (i) The cabin area surrounding each
(2) Each safety belt and shoulder har- seat, including the structure, interior
ness to the seat or structure. walls, instrument panel, control wheel,
(b) Each forward-facing or aft-facing pedals, and seats within striking dis-
seat/restraint system in normal, util- tance of the occupant’s head or torso
ity, or acrobatic category airplanes (with the restraint system fastened)
must consist of a seat, a safety belt, must be free of potentially injurious
and a shoulder harness, with a metal- objects, sharp edges, protuberances,
to-metal latching device, that are de- and hard surfaces. If energy absorbing
signed to provide the occupant protec- designs or devices are used to meet this
tion provisions required in § 23.562. requirement, they must protect the oc-
Other seat orientations must provide cupant from serious injury when the
the same level of occupant protection occupant is subjected to the inertia
as a forward-facing or aft-facing seat loads resulting from the ultimate stat-
with a safety belt and a shoulder har- ic load factors prescribed in
ness, and must provide the protection § 23.561(b)(2) of this part, or they must
provisions of § 23.562. comply with the occupant protection
(c) For commuter category airplanes, provisions of § 23.562 of this part, as re-
each seat and the supporting structure quired in paragraphs (b) and (c) of this
must be designed for occupants weigh- section.
(j) Each seat track must be fitted
ing at least 170 pounds when subjected
with stops to prevent the seat from
to the inertia loads resulting from the
sliding off the track.
ultimate static load factors prescribed
(k) Each seat/restraint system may
in § 23.561(b)(2) of this part. Each occu-
use design features, such as crushing or
pant must be protected from serious
separation of certain components, to
head injury when subjected to the iner-
reduce occupant loads when showing
tia loads resulting from these load fac-
compliance with the requirements of
tors by a safety belt and shoulder har-
§ 23.562 of this part; otherwise, the sys-
ness, with a metal-to-metal latching
tem must remain intact.
device, for the front seats and a safety
(l) For the purposes of this section, a
belt, or a safety belt and shoulder har-
front seat is a seat located at a flight
ness, with a metal-to-metal latching
crewmember station or any seat lo-
device, for each seat other than the
cated alongside such a seat.
front seats.
(m) Each berth, or provisions for a
(d) Each restraint system must have litter, installed parallel to the longitu-
a single-point release for occupant dinal axis of the airplane, must be de-
evacuation. signed so that the forward part has a
(e) The restraint system for each padded end-board, canvas diaphragm,
crewmember must allow the crew- or equivalent means that can with-
member, when seated with the safety stand the load reactions from a 215-
belt and shoulder harness fastened, to pound occupant when subjected to the
perform all functions necessary for inertia loads resulting from the ulti-
flight operations. mate static load factors of § 23.561(b)(2)
(f) Each pilot seat must be designed of this part. In addition—
for the reactions resulting from the ap- (1) Each berth or litter must have an
plication of pilot forces to the primary occupant restraint system and may not
flight controls as prescribed in § 23.395 have corners or other parts likely to
of this part. cause serious injury to a person occu-
(g) There must be a means to secure pying it during emergency landing con-
each safety belt and shoulder harness, ditions; and
when not in use, to prevent inter- (2) Occupant restraint system attach-
ference with the operation of the air- ments for the berth or litter must
plane and with rapid occupant egress in withstand the inertia loads resulting
an emergency. from the ultimate static load factors of
(h) Unless otherwise placarded, each § 23.561(b)(2) of this part.
seat in a utility or acrobatic category (n) Proof of compliance with the stat-
airplane must be designed to accommo- ic strength requirements of this sec-
date an occupant wearing a parachute. tion for seats and berths approved as
263
§ 23.787 14 CFR Ch. I (1–1–17 Edition)
part of the type design and for seat and other occupants’ seats or where the
berth installations may be shown by— flightcrew members’ compartment is
(1) Structural analysis, if the struc- separated from the passenger compart-
ture conforms to conventional airplane ment, there must be at least one illu-
types for which existing methods of minated sign (using either letters or
analysis are known to be reliable; symbols) notifying all passengers when
(2) A combination of structural anal- seat belts should be fastened. Signs
ysis and static load tests to limit load; that notify when seat belts should be
or fastened must:
(3) Static load tests to ultimate (a) When illuminated, be legible to
loads. each person seated in the passenger
[Amdt. 23–36, 53 FR 30813, Aug. 15, 1988; Amdt. compartment under all probable light-
23–36, 54 FR 50737, Dec. 11, 1989; Amdt. 23–49, ing conditions; and
61 FR 5167, Feb. 9, 1996] (b) Be installed so that a flightcrew
member can, when seated at the
§ 23.787 Baggage and cargo compart-
ments. flightcrew member’s station, turn the
illumination on and off.
(a) Each baggage and cargo compart-
ment must: [Doc. No. 27806, 61 FR 5167, Feb. 9, 1996]
(1) Be designed for its placarded max-
imum weight of contents and for the § 23.803 Emergency evacuation.
critical load distributions at the appro- (a) For commuter category airplanes,
priate maximum load factors cor- an evacuation demonstration must be
responding to the flight and ground conducted utilizing the maximum
load conditions of this part. number of occupants for which certifi-
(2) Have means to prevent the con- cation is desired. The demonstration
tents of any compartment from becom- must be conducted under simulated
ing a hazard by shifting, and to protect night conditions using only the emer-
any controls, wiring, lines, equipment gency exits on the most critical side of
or accessories whose damage or failure the airplane. The participants must be
would affect safe operations. representative of average airline pas-
(3) Have a means to protect occu- sengers with no prior practice or re-
pants from injury by the contents of hearsal for the demonstration. Evacu-
any compartment, located aft of the
ation must be completed within 90 sec-
occupants and separated by structure,
onds.
when the ultimate forward inertial
load factor is 9g and assuming the max- (b) In addition, when certification to
imum allowed baggage or cargo weight the emergency exit provisions of
for the compartment. § 23.807(d)(4) is requested, only the
(b) Designs that provide for baggage emergency lighting system required by
or cargo to be carried in the same com- § 23.812 may be used to provide cabin in-
partment as passengers must have a terior illumination during the evacu-
means to protect the occupants from ation demonstration required in para-
injury when the baggage or cargo is graph (a) of this section.
subjected to the inertial loads result- [Amdt. 23–34, 52 FR 1831, Jan. 15, 1987, as
ing from the ultimate static load fac- amended by Amdt. 23–46, 59 FR 25773, May 17,
tors of § 23.561(b)(3), assuming the max- 1994]
imum allowed baggage or cargo weight
for the compartment. § 23.805 Flightcrew emergency exits.
(c) For airplanes that are used only For airplanes where the proximity of
for the carriage of cargo, the flightcrew the passenger emergency exits to the
emergency exits must meet the re- flightcrew area does not offer a conven-
quirements of § 23.807 under any cargo ient and readily accessible means of
loading conditions. evacuation for the flightcrew, the fol-
[Doc. No. 27806, 61 FR 5167, Feb. 9, 1996] lowing apply:
(a) There must be either one emer-
§ 23.791 Passenger information signs. gency exit on each side of the airplane,
For those airplanes in which the or a top hatch emergency exit, in the
flightcrew members cannot observe the flightcrew area;
264
(b) Each emergency exit must be lo- must be designed to be overridden by

cated to allow rapid evacuation of the the normal internal opening means.
crew and have a size and shape of at The inside handles of emergency exits
least a 19- by 20-inch unobstructed rec- that open outward must be adequately
tangular opening; and protected against inadvertent oper-
(c) For each emergency exit that is ation. In addition, each emergency exit
not less than six feet from the ground, must—
an assisting means must be provided. (1) Be readily accessible, requiring no
The assisting means may be a rope or exceptional agility to be used in emer-
any other means demonstrated to be gencies;
suitable for the purpose. If the assist- (2) Have a method of opening that is
ing means is a rope, or an approved de- simple and obvious;
vice equivalent to a rope, it must be— (3) Be arranged and marked for easy
(1) Attached to the fuselage structure location and operation, even in dark-
at or above the top of the emergency ness;
exit opening or, for a device at a pilot’s
(4) Have reasonable provisions
emergency exit window, at another ap-
proved location if the stowed device, or against jamming by fuselage deforma-
its attachment, would reduce the pi- tion; and
lot’s view; and (5) In the case of acrobatic category
(2) Able (with its attachment) to airplanes, allow each occupant to aban-
withstand a 400-pound static load. don the airplane at any speed between
VSO and VD; and
[Doc. No. 26324, 59 FR 25773, May 17, 1994] (6) In the case of utility category air-
§ 23.807 Emergency exits. planes certificated for spinning, allow
each occupant to abandon the airplane
(a) Number and location. Emergency at the highest speed likely to be
exits must be located to allow escape achieved in the maneuver for which the
without crowding in any probable airplane is certificated.
crash attitude. The airplane must have (c) Tests. The proper functioning of
at least the following emergency exits: each emergency exit must be shown by
(1) For all airplanes with a seating
tests.
capacity of two or more, excluding air-
planes with canopies, at least one (d) Doors and exits. In addition, for
emergency exit on the opposite side of commuter category airplanes, the fol-
the cabin from the main door specified lowing requirements apply:
in § 23.783 of this part. (1) In addition to the passenger entry
(2) [Reserved] door—
(3) If the pilot compartment is sepa- (i) For an airplane with a total pas-
rated from the cabin by a door that is senger seating capacity of 15 or fewer,
likely to block the pilot’s escape in a an emergency exit, as defined in para-
minor crash, there must be an exit in graph (b) of this section, is required on
the pilot’s compartment. The number each side of the cabin; and
of exits required by paragraph (a)(1) of (ii) For an airplane with a total pas-
this section must then be separately senger seating capacity of 16 through
determined for the passenger compart- 19, three emergency exits, as defined in
ment, using the seating capacity of paragraph (b) of this section, are re-
that compartment. quired with one on the same side as the
(4) Emergency exits must not be lo- passenger entry door and two on the
cated with respect to any propeller side opposite the door.
disk or any other potential hazard so (2) A means must be provided to lock
as to endanger persons using that exit. each emergency exit and to safeguard
(b) Type and operation. Emergency against its opening in flight, either in-
exits must be movable windows, panels, advertently by persons or as a result of
canopies, or external doors, openable mechanical failure. In addition, a
from both inside and outside the air- means for direct visual inspection of
plane, that provide a clear and unob- the locking mechanism must be pro-
structed opening large enough to admit vided to determine that each emer-
a 19-by-26-inch ellipse. Auxiliary lock- gency exit for which the initial opening
ing devices used to secure the airplane movement is outward is fully locked.
265
§ 23.811 14 CFR Ch. I (1–1–17 Edition)
(3) Each required emergency exit, ex- (3) In lieu of paragraph (e)(2) of this
cept floor level exits, must be located section, if any side exit(s) cannot be
over the wing or, if not less than six above the waterline, a device may be
feet from the ground, must be provided placed at each of such exit(s) prior to
with an acceptable means to assist the ditching. This device must slow the in-
occupants to descend to the ground. flow of water when such exit(s) is
Emergency exits must be distributed as opened with the airplane ditched. For
uniformly as practical, taking into ac- commuter category airplanes, the clear
count passenger seating configuration. opening of such exit(s) must meet the
(4) Unless the applicant has complied requirements defined in paragraph (d)
with paragraph (d)(1) of this section, of this section.
there must be an emergency exit on
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
the side of the cabin opposite the pas- amended by Amdt. 23–7, 34 FR 13092, Aug. 13,
senger entry door, provided that— 1969; Amdt. 23–10, 36 FR 2864, Feb. 11, 1971;
(i) For an airplane having a pas- Amdt. 23–34, 52 FR 1831, Jan. 15, 1987; Amdt.
senger seating configuration of nine or 23–36, 53 FR 30814, Aug. 15, 1988; 53 FR 34194,
fewer, the emergency exit has a rectan- Sept. 2, 1988; Amdt. 23–46, 59 FR 25773, May
gular opening measuring not less than 17, 1994; Amdt. 23–49, 61 FR 5167, Feb. 9, 1996;
19 inches by 26 inches high with corner Amdt. 23–62, 76 FR 75757, Dec. 2, 2011]
radii not greater than one-third the
§ 23.811 Emergency exit marking.
width of the exit, located over the
wing, with a step up inside the airplane (a) Each emergency exit and external
of not more than 29 inches and a step door in the passenger compartment
down outside the airplane of not more must be externally marked and readily
than 36 inches; identifiable from outside the airplane
(ii) For an airplane having a pas- by—
senger seating configuration of 10 to 19 (1) A conspicuous visual identifica-
passengers, the emergency exit has a tion scheme; and
rectangular opening measuring not less (2) A permanent decal or placard on
than 20 inches wide by 36 inches high, or adjacent to the emergency exit
with corner radii not greater than one- which shows the means of opening the
third the width of the exit, and with a emergency exit, including any special
step up inside the airplane of not more instructions, if applicable.
than 20 inches. If the exit is located (b) In addition, for commuter cat-
over the wing, the step down outside egory airplanes, these exits and doors
the airplane may not exceed 27 inches; must be internally marked with the
and word ‘‘exit’’ by a sign which has white
(iii) The airplane complies with the letters 1 inch high on a red background
additional requirements of 2 inches high, be self-illuminated or
§§ 23.561(b)(2)(iv), 23.803(b), 23.811(c), independently, internally electrically
23.812, 23.813(b), and 23.815. illuminated, and have a minimum
(e) For multiengine airplanes, ditch- brightness of at least 160 micro-
ing emergency exits must be provided lamberts. The color may be reversed if
in accordance with the following re- the passenger compartment illumina-
quirements, unless the emergency exits tion is essentially the same.
required by paragraph (a) or (d) of this (c) In addition, when certification to
section already comply with them: the emergency exit provisions of
(1) One exit above the waterline on § 23.807(d)(4) is requested, the following
each side of the airplane having the di- apply:
mensions specified in paragraph (b) or (1) Each emergency exit, its means of
(d) of this section, as applicable; and access, and its means of opening, must
(2) If side exits cannot be above the be conspicuously marked;
waterline, there must be a readily ac- (2) The identity and location of each
cessible overhead hatch emergency exit emergency exit must be recognizable
that has a rectangular opening meas- from a distance equal to the width of
uring not less than 20 inches wide by 36 the cabin;
inches long, with corner radii not (3) Means must be provided to assist
greater than one-third the width of the occupants in locating the emergency
exit. exits in conditions of dense smoke;
266
(4) The location of the operating han- § 23.812 Emergency lighting.

dle and instructions for opening each
When certification to the emergency
emergency exit from inside the air-
exit provisions of § 23.807(d)(4) is re-
plane must be shown by marking that quested, the following apply:
is readable from a distance of 30 inches;
(a) An emergency lighting system,
(5) Each passenger entry door oper- independent of the main cabin lighting
ating handle must— system, must be installed. However,
(i) Be self-illuminated with an initial the source of general cabin illumina-
brightness of at least 160 micro- tion may be common to both the emer-
lamberts; or gency and main lighting systems if the
(ii) Be conspicuously located and well power supply to the emergency light-
illuminated by the emergency lighting ing system is independent of the power
even in conditions of occupant crowd- supply to the main lighting system.
ing at the door; (b) There must be a crew warning
(6) Each passenger entry door with a light that illuminates in the cockpit
locking mechanism that is released by when power is on in the airplane and
rotary motion of the handle must be the emergency lighting control device
marked— is not armed.
(i) With a red arrow, with a shaft of (c) The emergency lights must be op-
at least three-fourths of an inch wide erable manually from the flightcrew
and a head twice the width of the shaft, station and be provided with automatic
extending along at least 70 degrees of activation. The cockpit control device
arc at a radius approximately equal to must have ‘‘on,’’ ‘‘off,’’ and ‘‘armed’’
three-fourths of the handle length; positions so that, when armed in the
(ii) So that the center line of the exit cockpit, the lights will operate by
handle is within ±one inch of the pro- automatic activation.
jected point of the arrow when the han- (d) There must be a means to safe-
dle has reached full travel and has re- guard against inadvertent operation of
leased the locking mechanism; the cockpit control device from the
‘‘armed’’ or ‘‘on’’ positions.
(iii) With the word ‘‘open’’ in red let-
ters, one inch high, placed horizontally (e) The cockpit control device must
near the head of the arrow; and have provisions to allow the emergency
lighting system to be armed or acti-
(7) In addition to the requirements of
vated at any time that it may be need-
paragraph (a) of this section, the exter-
ed.
nal marking of each emergency exit
(f) When armed, the emergency light-
must—
ing system must activate and remain
(i) Include a 2-inch colorband out- lighted when—
lining the exit; and
(1) The normal electrical power of
(ii) Have a color contrast that is the airplane is lost; or
readily distinguishable from the sur- (2) The airplane is subjected to an
rounding fuselage surface. The contrast impact that results in a deceleration in
must be such that if the reflectance of excess of 2g and a velocity change in
the darker color is 15 percent or less, excess of 3.5 feet-per-second, acting
the reflectance of the lighter color along the longitudinal axis of the air-
must be at least 45 percent. ‘‘Reflec- plane; or
tance’’ is the ratio of the luminous flux (3) Any other emergency condition
reflected by a body to the luminous exists where automatic activation of
flux it receives. When the reflectance the emergency lighting is necessary to
of the darker color is greater than 15 aid with occupant evacuation.
percent, at least a 30 percent difference (g) The emergency lighting system
between its reflectance and the reflec- must be capable of being turned off and
tance of the lighter color must be pro- reset by the flightcrew after automatic
vided. activation.
[Amdt. 23–36, 53 FR 30814, Aug. 15, 1988; 53 FR (h) The emergency lighting system
34194, Sept. 2, 1988, as amended by Amdt. 23– must provide internal lighting, includ-
46, 59 FR 25773, May 17, 1994] ing—
267
§ 23.813 14 CFR Ch. I (1–1–17 Edition)
(1) Illuminated emergency exit mark- may not be obstructed by seats or seat
ing and locating signs, including those backs.
required in § 23.811(b); (b) In addition, when certification to
(2) Sources of general illumination in the emergency exit provisions of
the cabin that provide an average illu- § 23.807(d)(4) is requested, the following
mination of not less than 0.05 foot-can- emergency exit access must be pro-
dle and an illumination at any point of vided:
not less than 0.01 foot-candle when (1) The passageway leading from the
measured along the center line of the aisle to the passenger entry door must
main passenger aisle(s) and at the seat be unobstructed and at least 20 inches
armrest height; and wide.
(3) Floor proximity emergency escape (2) There must be enough space next
path marking that provides emergency to the passenger entry door to allow
evacuation guidance for the airplane assistance in evacuation of passengers
occupants when all sources of illumina- without reducing the unobstructed
tion more than 4 feet above the cabin width of the passageway below 20
aisle floor are totally obscured. inches.
(i) The energy supply to each emer-
(3) If it is necessary to pass through
gency lighting unit must provide the
a passageway between passenger com-
required level of illumination for at
least 10 minutes at the critical ambient partments to reach a required emer-
conditions after activation of the gency exit from any seat in the pas-
emergency lighting system. senger cabin, the passageway must be
(j) If rechargeable batteries are used unobstructed; however, curtains may
as the energy supply for the emergency be used if they allow free entry
lighting system, they may be re- through the passageway.
charged from the main electrical power (4) No door may be installed in any
system of the airplane provided the partition between passenger compart-
charging circuit is designed to preclude ments unless that door has a means to
inadvertent battery discharge into the latch it in the open position. The latch-
charging circuit faults. If the emer- ing means must be able to withstand
gency lighting system does not include the loads imposed upon it by the door
a charging circuit, battery condition when the door is subjected to the iner-
monitors are required. tia loads resulting from the ultimate
(k) Components of the emergency static load factors prescribed in
lighting system, including batteries, § 23.561(b)(2).
wiring, relays, lamps, and switches, (5) If it is necessary to pass through
must be capable of normal operation a doorway separating the passenger
after being subjected to the inertia cabin from other areas to reach a re-
forces resulting from the ultimate load quired emergency exit from any pas-
factors prescribed in § 23.561(b)(2). senger seat, the door must have a
(l) The emergency lighting system means to latch it in the open position.
must be designed so that after any sin- The latching means must be able to
gle transverse vertical separation of withstand the loads imposed upon it by
the fuselage during a crash landing: the door when the door is subjected to
(1) At least 75 percent of all elec- the inertia loads resulting from the ul-
trically illuminated emergency lights timate static load factors prescribed in
required by this section remain opera- § 23.561(b)(2).
tive; and [Amdt. 23–36, 53 FR 30815, Aug. 15, 1988, as
(2) Each electrically illuminated exit amended by Amdt. 23–46, 59 FR 25774, May 17,
sign required by § 23.811 (b) and (c) re- 1994]
mains operative, except those that are
directly damaged by the fuselage sepa- § 23.815 Width of aisle.
ration.
(a) Except as provided in paragraph
[Doc. No. 26324, 59 FR 25774, May 17, 1994] (b) of this section, for commuter cat-
egory airplanes, the width of the main
§ 23.813 Emergency exit access. passenger aisle at any point between

(a) For commuter category airplanes, seats must equal or exceed the values
access to window-type emergency exits in the following table:
268
Minimum main passenger aisle width ating conditions, the ventilation sys-
Number of pas- tem must be designed to provide each
senger seats Less than 25 25 inches and
inches from floor more from floor occupant with at least 0.55 pounds of
fresh air per minute. In the event of
10 through 19 ....... 9 inches ................ 15 inches.
the loss of one source of fresh air, the
supply of fresh airflow may not be less
(b) When certification to the emer-
than 0.4 pounds per minute for any pe-
gency exist provisions of § 23.807(d)(4) is
riod exceeding five minutes.
requested, the main passenger aisle
width at any point between the seats (d) For jet pressurized airplanes that
must equal or exceed the following val- operate at altitudes above 41,000 feet,
ues: other probable and improbable Envi-
ronmental Control System failure con-
Minimum main passenger ditions that adversely affect the pas-
aisle width (inches) senger and flight crew compartment
Number of passenger seats environmental conditions may not af-
Less than 25 inches
25 inches and more fect flight crew performance so as to
from floor from floor
result in a hazardous condition, and no
10 or fewer ................................ 1 12 15 occupant shall sustain permanent
11 through 19 ............................ 12 20
physiological harm.
1 A narrower width not less than 9 inches may be approved
when substantiated by tests found necessary by the [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30
Administrator. FR 258, Jan. 9, 1965, as amended by Amdt. 23–
34, 52 FR 1831, Jan. 15, 1987; Amdt. 23–42, 56
[Amdt. 23–34, 52 FR 1831, Jan. 15, 1987, as FR 354, Jan. 3, 1991; Amdt. 23–62, 76 FR 75757,
amended by Amdt. 23–46, 59 FR 25774, May 17, Dec. 2, 2011]
1994]
PRESSURIZATION
§ 23.831 Ventilation.
(a) Each passenger and crew compart- § 23.841 Pressurized cabins.
ment must be suitably ventilated. Car- (a) If certification for operation
bon monoxide concentration may not above 25,000 feet is requested, the air-
exceed one part in 20,000 parts of air. plane must be able to maintain a cabin
(b) For pressurized airplanes, the pressure altitude of not more than
ventilating air in the flightcrew and 15,000 feet, in the event of any probable
passenger compartments must be free failure condition in the pressurization
of harmful or hazardous concentrations system. During decompression, the
of gases and vapors in normal oper- cabin altitude may not exceed 15,000
ations and in the event of reasonably feet for more than 10 seconds and 25,000
probable failures or malfunctioning of feet for any duration.
the ventilating, heating, pressuriza- (b) Pressurized cabins must have at
tion, or other systems and equipment. least the following valves, controls,
If accumulation of hazardous quan- and indicators, for controlling cabin
tities of smoke in the cockpit area is pressure:
reasonably probable, smoke evacuation (1) Two pressure relief valves to auto-
must be readily accomplished starting matically limit the positive pressure
with full pressurization and without differential to a predetermined value
depressurizing beyond safe limits. at the maximum rate of flow delivered
(c) For jet pressurized airplanes that by the pressure source. The combined
operate at altitudes above 41,000 feet, capacity of the relief valves must be
under normal operating conditions and large enough so that the failure of any
in the event of any probable failure one valve would not cause an appre-
conditions of any system which would ciable rise in the pressure differential.
adversely affect the ventilating air, the The pressure differential is positive
ventilation system must provide rea- when the internal pressure is greater
sonable passenger comfort. The ven- than the external.
tilation system must also provide a (2) Two reverse pressure differential
sufficient amount of uncontaminated relief valves (or their equivalent) to
air to enable the flight crew members automatically prevent a negative pres-
to perform their duties without undue sure differential that would damage
discomfort or fatigue. For normal oper- the structure. However, one valve is
269
§ 23.841 14 CFR Ch. I (1–1–17 Edition)
enough if it is of a design that reason- (1) The airplane must prevent cabin
ably precludes its malfunctioning. pressure altitude from exceeding the
(3) A means by which the pressure following after decompression from
differential can be rapidly equalized. any probable pressurization system
(4) An automatic or manual regulator failure in conjunction with any unde-
for controlling the intake or exhaust tected, latent pressurization system
airflow, or both, for maintaining the failure condition:
required internal pressures and airflow (i) If depressurization analysis shows
rates. that the cabin altitude does not exceed
(5) Instruments to indicate to the 25,000 feet, the pressurization system
pilot the pressure differential, the must prevent the cabin altitude from
cabin pressure altitude, and the rate of exceeding the cabin altitude-time his-
change of cabin pressure altitude. tory shown in Figure 1 of this section.
(6) Warning indication at the pilot (ii) Maximum cabin altitude is lim-
station to indicate when the safe or ited to 30,000 feet. If cabin altitude ex-
preset pressure differential is exceeded ceeds 25,000 feet, the maximum time
and when a cabin pressure altitude of the cabin altitude may exceed 25,000
10,000 feet is exceeded. The 10,000 foot feet is 2 minutes; time starting when
cabin altitude warning may be in- the cabin altitude exceeds 25,000 feet
creased up to 15,000 feet for operations and ending when it returns to 25,000
from high altitude airfields (10,000 to feet.
15,000 feet) provided: (2) The airplane must prevent cabin
(i) The landing or the take off modes pressure altitude from exceeding the
(normal or high altitude) are clearly following after decompression from
indicated to the flight crew. any single pressurization system fail-
(ii) Selection of normal or high alti- ure in conjunction with any probable
tude airfield mode requires no more fuselage damage:
than one flight crew action and goes to (i) If depressurization analysis shows
normal airfield mode at engine stop. that the cabin altitude does not exceed
(iii) The pressurization system is de- 37,000 feet, the pressurization system
signed to ensure cabin altitude does must prevent the cabin altitude from
not exceed 10,000 feet when in flight exceeding the cabin altitude-time his-
above flight level (FL) 250. tory shown in Figure 2 of this section.
(iv) The pressurization system and (ii) Maximum cabin altitude is lim-
cabin altitude warning system is de- ited to 40,000 feet. If cabin altitude ex-
signed to ensure cabin altitude warning ceeds 37,000 feet, the maximum time
at 10,000 feet when in flight above the cabin altitude may exceed 25,000
FL250. feet is 2 minutes; time starting when
(7) A warning placard for the pilot if the cabin altitude exceeds 25,000 feet
the structure is not designed for pres- and ending when it returns to 25,000
sure differentials up to the maximum feet.
relief valve setting in combination (3) In showing compliance with para-
with landing loads. graphs (c)(1) and (c)(2) of this section,
(8) A means to stop rotation of the it may be assumed that an emergency
compressor or to divert airflow from descent is made by an approved emer-
the cabin if continued rotation of an gency procedure. A 17-second flight
engine-driven cabin compressor or con- crew recognition and reaction time
tinued flow of any compressor bleed air must be applied between cabin altitude
will create a hazard if a malfunction warning and the initiation of an emer-
occurs. gency descent. Fuselage structure, en-
(c) If certification for operation gine and system failures are to be con-
above 41,000 feet and not more than sidered in evaluating the cabin decom-
45,000 feet is requested— pression.
270
(d) If certification for operation (1) Pressurized cabins must be

above 45,000 feet and not more than equipped to provide a cabin pressure al-
ER02DE11.085</GPH>
51,000 feet is requested— titude of not more than 8,000 feet at

the maximum operating altitude of the
271
ER02DE11.084</GPH>
§ 23.843 14 CFR Ch. I (1–1–17 Edition)
airplane under normal operating condi- within the operating limitations of the
tions. airplane, up to the maximum altitude
(2) The airplane must prevent cabin for which certification is requested.
pressure altitude from exceeding the (4) Tests of each door and emergency
following after decompression from exit, to show that they operate prop-
any failure condition not shown to be erly after being subjected to the flight
extremely improbable: tests prescribed in paragraph (b)(3) of
(i) Twenty-five thousand (25,000) feet this section.
for more than 2 minutes; or
(ii) Forty thousand (40,000) feet for FIRE PROTECTION
any duration.
(3) Fuselage structure, engine and § 23.851 Fire extinguishers.
system failures are to be considered in (a) There must be at least one hand
evaluating the cabin decompression. fire extinguisher for use in the pilot
(4) In addition to the cabin altitude compartment that is located within
indicating means in (b)(6) of this sec- easy access of the pilot while seated.
tion, an aural or visual signal must be (b) There must be at least one hand
provided to warn the flight crew when fire extinguisher located conveniently
the cabin pressure altitude exceeds in the passenger compartment—
10,000 feet. (1) Of each airplane accommodating
(5) The sensing system and pressure more than 6 passengers; and
sensors necessary to meet the require- (2) Of each commuter category air-
ments of (b)(5), (b)(6), and (d)(4) of this plane.
section and § 23.1447(e), must, in the (c) For hand fire extinguishers, the
event of low cabin pressure, actuate following apply:
the required warning and automatic (1) The type and quantity of each ex-
presentation devices without any delay tinguishing agent used must be appro-
that would significantly increase the priate to the kinds of fire likely to
hazards resulting from decompression. occur where that agent is to be used.
(2) Each extinguisher for use in a per-
[Amdt. 23–14, 38 FR 31822, Nov. 19, 1973, as sonnel compartment must be designed
1976; Amdt. 23–49, 61 FR 5167, Feb. 9, 1996;
to minimize the hazard of toxic gas
Amdt. 23–62, 76 FR 75757, Dec. 2, 2011] concentrations.
[Doc. No. 26269, 58 FR 42165, Aug. 6, 1993]
§ 23.843 Pressurization tests.
(a) Strength test. The complete pres- § 23.853 Passenger and crew compart-
surized cabin, including doors, win- ment interiors.
dows, canopy, and valves, must be test- For each compartment to be used by
ed as a pressure vessel for the pressure the crew or passengers:
differential specified in § 23.365(d). (a) The materials must be at least
(b) Functional tests. The following flame-resistant;
functional tests must be performed: (b) [Reserved]
(1) Tests of the functioning and ca- (c) If smoking is to be prohibited,
pacity of the positive and negative there must be a placard so stating, and
pressure differential valves, and of the if smoking is to be allowed—
emergency release valve, to simulate (1) There must be an adequate num-
the effects of closed regulator valves. ber of self-contained, removable ash-
(2) Tests of the pressurization system trays; and
to show proper functioning under each (2) Where the crew compartment is
possible condition of pressure, tem- separated from the passenger compart-
perature, and moisture, up to the max- ment, there must be at least one illu-
imum altitude for which certification minated sign (using either letters or
is requested. symbols) notifying all passengers when
(3) Flight tests, to show the perform- smoking is prohibited. Signs which no-
ance of the pressure supply, pressure tify when smoking is prohibited must—
and flow regulators, indicators, and (i) When illuminated, be legible to
warning signals, in steady and stepped each passenger seated in the passenger
climbs and descents at rates cor- cabin under all probable lighting condi-
responding to the maximum attainable tions; and
272
(ii) Be so constructed that the crew molded and thermoformed parts, air
can turn the illumination on and off; ducting joints, and trim strips (decora-
and tive and chafing), that are constructed
(d) In addition, for commuter cat- of materials not covered in paragraph
egory airplanes the following require- (d)(3)(iv) of this section must be self ex-
ments apply: tinguishing when tested vertically in
(1) Each disposal receptacle for tow- accordance with the applicable por-
els, paper, or waste must be fully en- tions of appendix F of this part or
closed and constructed of at least fire other approved equivalent methods.
resistant materials and must contain The average burn length may not ex-
fires likely to occur in it under normal ceed 8 inches and the average flame
use. The ability of the disposal recep- time after removal of the flame source
tacle to contain those fires under all may not exceed 15 seconds. Drippings
probable conditions of wear, misalign- from the test specimen may not con-
ment, and ventilation expected in serv- tinue to flame for more than an aver-
ice must be demonstrated by test. A age of 5 seconds after falling.
placard containing the legible words (iii) Motion picture film must be
‘‘No Cigarette Disposal’’ must be lo- safety film meeting the Standard Spec-
cated on or near each disposal recep- ifications for Safety Photographic
tacle door. Film PH1.25 (available from the Amer-
(2) Lavatories must have ‘‘No Smok- ican National Standards Institute, 1430
ing’’ or ‘‘No Smoking in Lavatory’’ Broadway, New York, N.Y. 10018) or an
placards located conspicuously on each FAA approved equivalent. If the film
side of the entry door. travels through ducts, the ducts must
(3) Materials (including finishes or meet the requirements of paragraph
decorative surfaces applied to the ma- (d)(3)(ii) of this section.
terials) used in each compartment oc- (iv) Acrylic windows and signs, parts
cupied by the crew or passengers must constructed in whole or in part of elas-
meet the following test criteria as ap- tomeric materials, edge-lighted instru-
plicable: ment assemblies consisting of two or
(i) Interior ceiling panels, interior more instruments in a common hous-
wall panels, partitions, galley struc- ing, seatbelts, shoulder harnesses, and
ture, large cabinet walls, structural cargo and baggage tiedown equipment,
flooring, and materials used in the con- including containers, bins, pallets, etc.,
struction of stowage compartments used in passenger or crew compart-
(other than underseat stowage comments, may not have an average burn
partments and compartments for stow- rate greater than 2.5 inches per minute
ing small items such as magazines and when tested horizontally in accordance
maps) must be self-extinguishing when with the applicable portions of appen-
tested vertically in accordance with dix F of this part or by other approved
the applicable portions of appendix F equivalent methods.
of this part or by other equivalent (v) Except for electrical wire cable
methods. The average burn length may insulation, and for small parts (such as
not exceed 6 inches and the average knobs, handles, rollers, fasteners, clips,
flame time after removal of the flame grommets, rub strips, pulleys, and
source may not exceed 15 seconds. small electrical parts) that the Admin-
Drippings from the test specimen may istrator finds would not contribute sig-
not continue to flame for more than an nificantly to the propagation of a fire,
average of 3 seconds after falling. materials in items not specified in
(ii) Floor covering, textiles (includ- paragraphs (d)(3)(i), (ii), (iii), or (iv) of
ing draperies and upholstery), seat this section may not have a burn rate
cushions, padding, decorative and non- greater than 4.0 inches per minute
decorative coated fabrics, leather, when tested horizontally in accordance
trays and galley furnishings, electrical with the applicable portions of appen-
conduit, thermal and acoustical insula- dix F of this part or by other approved
tion and insulation covering, air duct- equivalent methods.
ing, joint and edge covering, cargo (e) Lines, tanks, or equipment con-
compartment liners, insulation blan- taining fuel, oil, or other flammable
kets, cargo covers and transparencies, fluids may not be installed in such
273
§ 23.855 14 CFR Ch. I (1–1–17 Edition)
compartments unless adequately compartment with the contents of a

shielded, isolated, or otherwise pro- hand held fire extinguisher, or
tected so that any breakage or failure (2) Be equipped with a smoke or fire
of such an item would not create a haz- detector system to give a warning at
ard. the pilots’ station and have ceiling and
(f) Airplane materials located on the sidewall liners and floor panels con-
cabin side of the firewall must be self- structed of materials that have been
extinguishing or be located at such a subjected to and meet the 45 degree
distance from the firewall, or otherwise angle test of appendix F of this part.
protected, so that ignition will not The flame may not penetrate (pass
occur if the firewall is subjected to a through) the material during applica-
flame temperature of not less than tion of the flame or subsequent to its
2,000 degrees F for 15 minutes. For self- removal. The average flame time after
extinguishing materials (except elec- removal of the flame source may not
trical wire and cable insulation and exceed 15 seconds, and the average glow
small parts that the Administrator time may not exceed 10 seconds. The
finds would not contribute signifi- compartment must be constructed to
cantly to the propagation of a fire), a provide fire protection that is not less
vertifical self-extinguishing test must than that required of its individual
be conducted in accordance with appen- panels; or
dix F of this part or an equivalent (3) Be constructed and sealed to con-
method approved by the Adminis- tain any fire within the compartment.
trator. The average burn length of the
material may not exceed 6 inches and [Doc. No. 27806, 61 FR 5167, Feb. 9, 1996]
the average flame time after removal
of the flame source may not exceed 15 § 23.856 Thermal/acoustic insulation
seconds. Drippings from the material materials.
test specimen may not continue to Thermal/acoustic insulation material
flame for more than an average of 3 installed in the fuselage must meet the
seconds after falling. flame propagation test requirements of
[Amdt. 23–14, 23 FR 31822, Nov. 19, 1973, as
part II of Appendix F to this part, or
amended by Amdt. 23–23, 43 FR 50593, Oct. 30, other approved equivalent test require-
1978; Amdt. 23–25, 45 FR 7755, Feb. 4, 1980; ments. This requirement does not
Amdt. 23–34, 52 FR 1831, Jan. 15, 1987; Amdt. apply to ‘‘small parts,’’ as defined in
23–62, 76 FR 75759, Dec. 2, 2011] § 23.853(d)(3)(v).
§ 23.855 Cargo and baggage compart- [Amdt. 23–62, 76 FR 75759, Dec. 2, 2011]
ment fire protection.
§ 23.859 Combustion heater fire pro-
(a) Sources of heat within each cargo tection.
and baggage compartment that are ca-
pable of igniting the compartment con- (a) Combustion heater fire regions. The
tents must be shielded and insulated to following combustion heater fire re-
prevent such ignition. gions must be protected from fire in ac-
(b) Each cargo and baggage compart- cordance with the applicable provisions
ment must be constructed of materials of §§ 23.1182 through 23.1191 and 23.1203:
that meet the appropriate provisions of (1) The region surrounding the heat-
§ 23.853(d)(3). er, if this region contains any flam-
(c) In addition, for commuter cat- mable fluid system components (ex-
egory airplanes, each cargo and bag- cluding the heater fuel system) that
gage compartment must: could—
(1) Be located where the presence of a (i) Be damaged by heater malfunc-
fire would be easily discovered by the tioning; or
pilots when seated at their duty sta- (ii) Allow flammable fluids or vapors
tion, or it must be equipped with a to reach the heater in case of leakage.
smoke or fire detector system to give a (2) The region surrounding the heat-
warning at the pilots’ station, and pro- er, if the heater fuel system has fit-
vide sufficient access to enable a pilot tings that, if they leaked, would allow
to effectively reach any part of the fuel vapor to enter this region.
274
(3) The part of the ventilating air (C) The combustion airflow becomes
passage that surrounds the combustion inadequate for safe operation.
chamber. (D) The ventilating airflow becomes
(b) Ventilating air ducts. Each ven- inadequate for safe operation.
tilating air duct passing through any (ii) Means to warn the crew when any
fire region must be fireproof. In addi- heater whose heat output is essential
tion— for safe operation has been shut off by
(1) Unless isolation is provided by the automatic means prescribed in
fireproof valves or by equally effective paragraph (e)(1)(i) of this section.
means, the ventilating air duct down- (2) The means for complying with
stream of each heater must be fireproof paragraph (e)(1)(i) of this section for
for a distance great enough to ensure any individual heater must—
that any fire originating in the heater
(i) Be independent of components
can be contained in the duct; and
serving any other heater whose heat
(2) Each part of any ventilating duct
passing through any region having a output is essential for safe operations;
flammable fluid system must be con- and
structed or isolated from that system (ii) Keep the heater off until re-
so that the malfunctioning of any com- started by the crew.
ponent of that system cannot intro- (f) Air intakes. Each combustion and
duce flammable fluids or vapors into ventilating air intake must be located
the ventilating airstream. so that no flammable fluids or vapors
(c) Combustion air ducts. Each com- can enter the heater system under any
bustion air duct must be fireproof for a operating condition—
distance great enough to prevent dam- (1) During normal operation; or
age from backfiring or reverse flame (2) As a result of the malfunctioning
propagation. In addition— of any other component.
(1) No combustion air duct may have (g) Heater exhaust. Heater exhaust
a common opening with the ventilating systems must meet the provisions of
airstream unless flames from backfires §§ 23.1121 and 23.1123. In addition, there
or reverse burning cannot enter the must be provisions in the design of the
ventilating airstream under any oper- heater exhaust system to safely expel
ating condition, including reverse flow the products of combustion to prevent
or malfunctioning of the heater or its the occurrence of—
associated components; and (1) Fuel leakage from the exhaust to
(2) No combustion air duct may re- surrounding compartments;
strict the prompt relief of any backfire
(2) Exhaust gas impingement on sur-
that, if so restricted, could cause heat-
rounding equipment or structure;
er failure.
(d) Heater controls: general. Provision (3) Ignition of flammable fluids by
must be made to prevent the hazardous the exhaust, if the exhaust is in a com-
accumulation of water or ice on or in partment containing flammable fluid
any heater control component, control lines; and
system tubing, or safety control. (4) Restrictions in the exhaust sys-
(e) Heater safety controls. (1) Each tem to relieve backfires that, if so re-
combustion heater must have the fol- stricted, could cause heater failure.
lowing safety controls: (h) Heater fuel systems. Each heater
(i) Means independent of the compo- fuel system must meet each power-
nents for the normal continuous con- plant fuel system requirement affect-
trol of air temperature, airflow, and ing safe heater operation. Each heater
fuel flow must be provided to auto- fuel system component within the ven-
matically shut off the ignition and fuel tilating airstream must be protected
supply to that heater at a point remote by shrouds so that no leakage from
from that heater when any of the fol- those components can enter the ven-
lowing occurs: tilating airstream.
(A) The heater exchanger tempera- (i) Drains. There must be means to
ture exceeds safe limits. safely drain fuel that might accumu-
(B) The ventilating air temperature late within the combustion chamber or
exceeds safe limits. the heater exchanger. In addition—
275
§ 23.863 14 CFR Ch. I (1–1–17 Edition)
(1) Each part of any drain that oper- of fire in the designated fire zones,
ates at high temperatures must be pro- must be constructed of fireproof mate-
tected in the same manner as heater rial or be shielded so that they are ca-
exhausts; and pable of withstanding the effects of a
(2) Each drain must be protected fire. Engine vibration isolators must
from hazardous ice accumulation under incorporate suitable features to ensure
any operating condition. that the engine is retained if the non-
[Amdt. 23–27, 45 FR 70387, Oct. 23, 1980] fireproof portions of the isolators dete-
riorate from the effects of a fire.
§ 23.863 Flammable fluid fire protec- [Doc. No. 27805, 61 FR 5148, Feb. 9, 1996]
tion.
(a) In each area where flammable ELECTRICAL BONDING AND LIGHTNING
fluids or vapors might escape by leak- PROTECTION
age of a fluid system, there must be
means to minimize the probability of § 23.867 Electrical bonding and protec-
ignition of the fluids and vapors, and tion against lightning and static
electricity.
the resultant hazard if ignition does
occur. (a) The airplane must be protected
(b) Compliance with paragraph (a) of against catastrophic effects from light-
this section must be shown by analysis ning.
or tests, and the following factors must (b) For metallic components, compli-
be considered: ance with paragraph (a) of this section
(1) Possible sources and paths of fluid may be shown by—
leakage, and means of detecting leak- (1) Bonding the components properly
age. to the airframe; or
(2) Flammability characteristics of (2) Designing the components so that
fluids, including effects of any combus- a strike will not endanger the airplane.
tible or absorbing materials. (c) For nonmetallic components,
(3) Possible ignition sources, includ- compliance with paragraph (a) of this
ing electrical faults, overheating of section may be shown by—
equipment, and malfunctioning of pro- (1) Designing the components to min-
tective devices. imize the effect of a strike; or
(4) Means available for controlling or (2) Incorporating acceptable means of
extinguishing a fire, such as stopping diverting the resulting electrical cur-
flow of fluids, shutting down equip- rent so as not to endanger the airplane.
ment, fireproof containment, or use of
[Amdt. 23–7, 34 FR 13092, Aug. 13, 1969]
extinguishing agents.
(5) Ability of airplane components MISCELLANEOUS
that are critical to safety of flight to
withstand fire and heat. § 23.871 Leveling means.
(c) If action by the flight crew is re-
quired to prevent or counteract a fluid There must be means for determining
fire (e.g. equipment shutdown or actu- when the airplane is in a level position
ation of a fire extinguisher), quick act- on the ground.
ing means must be provided to alert [Amdt. 23–7, 34 FR 13092, Aug. 13, 1969]
the crew.
(d) Each area where flammable fluids Subpart E—Powerplant
or vapors might escape by leakage of a
fluid system must be identified and de- GENERAL
fined.
§ 23.901 Installation.
[Amdt. 23–23, 43 FR 50593, Oct. 30, 1978]
(a) For the purpose of this part, the
§ 23.865 Fire protection of flight con- airplane powerplant installation in-
trols, engine mounts, and other cludes each component that—
flight structure. (1) Is necessary for propulsion; and
Flight controls, engine mounts, and (2) Affects the safety of the major
other flight structure located in des- propulsive units.

ignated fire zones, or in adjacent areas (b) Each powerplant installation
that would be subjected to the effects must be constructed and arranged to—
276
(1) Ensure safe operation to the max- unless that engine’s foreign object in-
imum altitude for which approval is re- gestion service history has resulted in
quested. an unsafe condition; or
(2) Be accessible for necessary inspec- (iv) Be shown to have a foreign object
tions and maintenance. ingestion service history in similar in-
(c) Engine cowls and nacelles must be stallation locations which has not re-
easily removable or openable by the sulted in any unsafe condition.
pilot to provide adequate access to and NOTE: § 33.77 of this chapter in effect on Oc-
exposure of the engine compartment tober 31, 1974, was published in 14 CFR parts
for preflight checks. 1 to 59, Revised as of January 1, 1975. See 39
(d) Each turbine engine installation FR 35467, October 1, 1974.
must be constructed and arranged to—
(1) Result in carcass vibration char- (b) Turbine engine installations. For
acteristics that do not exceed those es- turbine engine installations—
tablished during the type certification (1) Design precautions must be taken
of the engine. to minimize the hazards to the airplane
(2) Ensure that the capability of the in the event of an engine rotor failure
installed engine to withstand the in- or of a fire originating inside the en-
gestion of rain, hail, ice, and birds into gine which burns through the engine
the engine inlet is not less than the ca- case.
pability established for the engine (2) The powerplant systems associ-
itself under § 23.903(a)(2). ated with engine control devices, sys-
(e) The installation must comply tems, and instrumentation must be de-
with— signed to give reasonable assurance
(1) The instructions provided under that those operating limitations that
the engine type certificate and the pro- adversely affect turbine rotor struc-
peller type certificate. tural integrity will not be exceeded in
(2) The applicable provisions of this service.
subpart. (3) For engines embedded in the fuse-
(f) Each auxiliary power unit instal- lage behind the cabin, the effects of a
lation must meet the applicable por- fan exiting forward of the inlet case
tions of this part. (fan disconnect) must be addressed, the
passengers must be protected, and the
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as airplane must be controllable to allow
amended by Amdt. 23–7, 34 FR 13092, Aug. 13, for continued safe flight and landing.
1969; Amdt. 23–18, 42 FR 15041, Mar. 17, 1977; (c) Engine isolation. The powerplants
Amdt. 23–29, 49 FR 6846, Feb. 23, 1984; Amdt.
23–34, 52 FR 1832, Jan. 15, 1987; Amdt. 23–34, 52
must be arranged and isolated from
FR 34745, Sept. 14, 1987; Amdt. 23–43, 58 FR each other to allow operation, in at
18970, Apr. 9, 1993; Amdt. 23–51, 61 FR 5136, least one configuration, so that the
Feb. 9, 1996; Amdt. 23–53, 63 FR 14797, Mar. 26, failure or malfunction of any engine, or
1998] the failure or malfunction (including
destruction by fire in the engine com-
§ 23.903 Engines. partment) of any system that can af-
(a) Engine type certificate. (1) Each en- fect an engine (other than a fuel tank
gine must have a type certificate and if only one fuel tank is installed), will
must meet the applicable requirements not:
of part 34 of this chapter. (1) Prevent the continued safe oper-
(2) Each turbine engine and its ination of the remaining engines; or
stallation must comply with one of the (2) Require immediate action by any
following: crewmember for continued safe oper-
(i) Sections 33.76, 33.77 and 33.78 of ation of the remaining engines.
this chapter in effect on December 13, (d) Starting and stopping (piston en-
2000, or as subsequently amended; or gine). (1) The design of the installation
(ii) Sections 33.77 and 33.78 of this must be such that risk of fire or me-
chapter in effect on April 30, 1998, or as chanical damage to the engine or air-
subsequently amended before Decem- plane, as a result of starting the engine
ber 13, 2000; or in any conditions in which starting is
(iii) Section 33.77 of this chapter in to be permitted, is reduced to a min-

effect on October 31, 1974, or as subse- imum. Any techniques and associated
quently amended before April 30, 1998, limitations for engine starting must be
277
§ 23.904 14 CFR Ch. I (1–1–17 Edition)
established and included in the Air- (f) Restart envelope. An altitude and
plane Flight Manual, approved manual airspeed envelope must be established
material, or applicable operating plac- for the airplane for in-flight engine re-
ards. Means must be provided for— starting and each installed engine
(i) Restarting any engine of a multi- must have a restart capability within
engine airplane in flight, and that envelope.
(ii) Stopping any engine in flight, (g) Restart capability. For turbine en-
after engine failure, if continued engine powered airplanes, if the min-
gine rotation would cause a hazard to imum windmilling speed of the en-
the airplane. gines, following the in-flight shutdown
(2) In addition, for commuter cat- of all engines, is insufficient to provide
egory airplanes, the following apply: the necessary electrical power for en-
(i) Each component of the stopping gine ignition, a power source inde-
system on the engine side of the fire- pendent of the engine-driven electrical
power generating system must be pro-
wall that might be exposed to fire must
vided to permit in-flight engine igni-
be at least fire resistant.
tion for restarting.
(ii) If hydraulic propeller feathering
systems are used for this purpose, the [Amdt. 23–14, 38 FR 31822, Nov. 19, 1973]
feathering lines must be at least fire EDITORIAL NOTE: For FEDERAL REGISTER ci-
resistant under the operating condi- tations affecting § 23.903, see the List of CFR
tions that may be expected to exist Sections Affected, which appears in the
during feathering. Finding Aids section of the printed volume
(e) Starting and stopping (turbine en- and at www.fdsys.gov.
gine). Turbine engine installations
§ 23.904 Automatic power reserve sys-
must comply with the following: tem.
(1) The design of the installation
must be such that risk of fire or me- If installed, an automatic power re-
chanical damage to the engine or the serve (APR) system that automatically
airplane, as a result of starting the en- advances the power or thrust on the op-
gine in any conditions in which start- erating engine(s), when any engine
ing is to be permitted, is reduced to a fails during takeoff, must comply with
minimum. Any techniques and associ- appendix H of this part.
ated limitations must be established [Doc. No. 26344, 58 FR 18970, Apr. 9, 1993]
and included in the Airplane Flight
Manual, approved manual material, or § 23.905 Propellers.
applicable operating placards. (a) Each propeller must have a type
(2) There must be means for stopping certificate.
combustion within any engine and for (b) Engine power and propeller shaft
stopping the rotation of any engine if rotational speed may not exceed the
continued rotation would cause a haz- limits for which the propeller is certifi-
ard to the airplane. Each component of cated.
the engine stopping system located in (c) Each featherable propeller must
any fire zone must be fire resistant. If have a means to unfeather it in flight.
hydraulic propeller feathering systems (d) The propeller blade pitch control
are used for stopping the engine, the system must meet the requirements of
hydraulic feathering lines or hoses §§ 35.21, 35.23, 35.42 and 35.43 of this
must be fire resistant. chapter.
(3) It must be possible to restart an (e) All areas of the airplane forward
engine in flight. Any techniques and of the pusher propeller that are likely
associated limitations must be estab- to accumulate and shed ice into the
lished and included in the Airplane propeller disc during any operating
Flight Manual, approved manual mate- condition must be suitably protected
rial, or applicable operating placards. to prevent ice formation, or it must be
(4) It must be demonstrated in flight shown that any ice shed into the pro-
that when restarting engines following peller disc will not create a hazardous
a false start, all fuel or vapor is dis- condition.

charged in such a way that it does not (f) Each pusher propeller must be
constitute a fire hazard. marked so that the disc is conspicuous
278
under normal daylight ground condi- to fatigue could be catastrophic to the

tions. airplane. This evaluation must include:
(g) If the engine exhaust gases are (1) The intended loading spectra in-
discharged into the pusher propeller cluding all reasonably foreseeable pro-
disc, it must be shown by tests, or peller vibration and cyclic load pat-
analysis supported by tests, that the terns, identified emergency conditions,
propeller is capable of continuous safe allowable overspeeds and overtorques,
operation. and the effects of temperatures and hu-
(h) All engine cowling, access doors, midity expected in service.
and other removable items must be de- (2) The effects of airplane and pro-
signed to ensure that they will not sep- peller operating and airworthiness lim-
arate from the airplane and contact itations.
the pusher propeller.
[Amdt. 23–59, 73 FR 63345, Oct. 24, 2008]
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
amended by Amdt. 23–26, 45 FR 60171, Sept. § 23.909 Turbocharger systems.
11, 1980; Amdt. 23–29, 49 FR 6847, Feb. 23, 1984;
Amdt. 23–43, 58 FR 18970, Apr. 9, 1993; Amdt. (a) Each turbocharger must be ap-
23–59, 73 FR 63345, Oct. 24, 2008] proved under the engine type certifi-
cate or it must be shown that the tur-
§ 23.907 Propeller vibration and fa- bocharger system, while in its normal
tigue.
engine installation and operating in
This section does not apply to fixed- the engine environment—
pitch wood propellers of conventional (1) Can withstand, without defect, an
design. endurance test of 150 hours that meets
(a) The applicant must determine the the applicable requirements of § 33.49 of
magnitude of the propeller vibration this subchapter; and
stresses or loads, including any stress (2) Will have no adverse effect upon
peaks and resonant conditions, the engine.
throughout the operational envelope of
(b) Control system malfunctions, vi-
the airplane by either:
brations, and abnormal speeds and
(1) Measurement of stresses or loads
temperatures expected in service may
through direct testing or analysis
not damage the turbocharger com-
based on direct testing of the propeller
pressor or turbine.
on the airplane and engine installation
(c) Each turbocharger case must be
for which approval is sought; or
able to contain fragments of a com-
(2) Comparison of the propeller to
pressor or turbine that fails at the
similar propellers installed on similar
highest speed that is obtainable with
airplane installations for which these
normal speed control devices inoper-
measurements have been made.
ative.
(b) The applicant must demonstrate
by tests, analysis based on tests, or (d) Each intercooler installation,
previous experience on similar designs where provided, must comply with the
that the propeller does not experience following—
harmful effects of flutter throughout (1) The mounting provisions of the
the operational envelope of the air- intercooler must be designed to with-
plane. stand the loads imposed on the system;
(c) The applicant must perform an (2) It must be shown that, under the
evaluation of the propeller to show installed vibration environment, the
that failure due to fatigue will be intercooler will not fail in a manner al-
avoided throughout the operational life lowing portions of the intercooler to be
of the propeller using the fatigue and ingested by the engine; and
structural data obtained in accordance (3) Airflow through the intercooler
with part 35 of this chapter and the vi- must not discharge directly on any air-
bration data obtained from compliance plane component (e.g., windshield) un-
with paragraph (a) of this section. For less such discharge is shown to cause
the purpose of this paragraph, the pro- no hazard to the airplane under all op-
peller includes the hub, blades, blade erating conditions.

retention component and any other (e) Engine power, cooling character-
propeller component whose failure due istics, operating limits, and procedures
279
§ 23.925 14 CFR Ch. I (1–1–17 Edition)
affected by the turbocharger system in- clearance necessary to prevent harmful

stallations must be evaluated. Turbo- vibration;
charger operating procedures and limi- (2) At least one-half inch longitudinal
tations must be included in the Air- clearance between the propeller blades
plane Flight Manual in accordance or cuffs and stationary parts of the air-
with § 23.1581. plane; and
[Amdt. 23–7, 34 FR 13092, Aug. 13, 1969, as
(3) Positive clearance between other
amended by Amdt. 23–43, 58 FR 18970, Apr. 9, rotating parts of the propeller or spin-
1993] ner and stationary parts of the air-
plane.
§ 23.925 Propeller clearance. [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
Unless smaller clearances are sub- amended by Amdt. 23–43, 58 FR 18971, Apr. 9,
stantiated, propeller clearances, with 1993; Amdt. 23–51, 61 FR 5136, Feb. 9, 1996;
the airplane at the most adverse com- Amdt. 23–48, 61 FR 5148, Feb. 9, 1996]
bination of weight and center of grav-
§ 23.929 Engine installation ice protec-
ity, and with the propeller in the most tion.
adverse pitch position, may not be less
than the following: Propellers (except wooden propellers)
(a) Ground clearance. There must be a and other components of complete en-
clearance of at least seven inches (for gine installations must be protected
each airplane with nose wheel landing against the accumulation of ice as nec-
gear) or nine inches (for each airplane essary to enable satisfactory func-
with tail wheel landing gear) between tioning without appreciable loss of
each propeller and the ground with the thrust when operated in the icing con-
landing gear statically deflected and in ditions for which certification is re-
the level, normal takeoff, or taxing at- quested.
titude, whichever is most critical. In [Amdt. 23–14, 33 FR 31822, Nov. 19, 1973, as
addition, for each airplane with con- amended by Amdt. 23–51, 61 FR 5136, Feb. 9,
ventional landing gear struts using 1996]
fluid or mechanical means for absorb-
ing landing shocks, there must be posi- § 23.933 Reversing systems.
tive clearance between the propeller (a) For turbojet and turbofan reversing
and the ground in the level takeoff at- systems. (1) Each system intended for
titude with the critical tire completely ground operation only must be de-
deflated and the corresponding landing signed so that, during any reversal in
gear strut bottomed. Positive clear- flight, the engine will produce no more
ance for airplanes using leaf spring than flight idle thrust. In addition, it
struts is shown with a deflection cor- must be shown by analysis or test, or
responding to 1.5g. both, that—
(b) Aft-mounted propellers. In addition (i) Each operable reverser can be re-
to the clearances specified in para- stored to the forward thrust position;
graph (a) of this section, an airplane or
with an aft mounted propeller must be (ii) The airplane is capable of contin-
designed such that the propeller will ued safe flight and landing under any
not contact the runway surface when possible position of the thrust reverser.
the airplane is in the maximum pitch (2) Each system intended for in-flight
attitude attainable during normal use must be designed so that no unsafe
takeoffs and landings. condition will result during normal op-
(c) Water clearance. There must be a eration of the system, or from any fail-
clearance of at least 18 inches between ure, or likely combination of failures,
each propeller and the water, unless of the reversing system under any op-
compliance with § 23.239 can be shown erating condition including ground op-
with a lesser clearance. eration. Failure of structural elements
(d) Structural clearance. There must need not be considered if the prob-
be— ability of this type of failure is ex-
(1) At least one inch radial clearance tremely remote.

between the blade tips and the airplane (3) Each system must have a means
structure, plus any additional radial to prevent the engine from producing
280
more than idle thrust when the revers- need not be considered if the prob-
ing system malfunctions; except that it ability of this kind of failure is ex-
may produce any greater thrust that is tremely remote.
shown to allow directional control to (b) As used in this section, drag lim-
be maintained, with aerodynamic iting systems include manual or auto-
means alone, under the most critical matic devices that, when actuated
reversing condition expected in oper- after engine power loss, can move the
ation. propeller blades toward the feather po-
(b) For propeller reversing systems. (1) sition to reduce windmilling drag to a
Each system must be designed so that safe level.
no single failure, likely combination of [Amdt. 23–7, 34 FR 13093, Aug. 13, 1969, as
failures or malfunction of the system amended by Amdt. 23–43, 58 FR 18971, Apr. 9,
will result in unwanted reverse thrust 1993]
under any operating condition. Failure
of structural elements need not be con- § 23.939 Powerplant operating charac-
sidered if the probability of this type of teristics.
failure is extremely remote. (a) Turbine engine powerplant oper-
(2) Compliance with paragraph (b)(1) ating characteristics must be inves-
of this section must be shown by fail- tigated in flight to determine that no
ure analysis, or testing, or both, for adverse characteristics (such as stall,
propeller systems that allow the pro- surge, or flameout) are present, to a
peller blades to move from the flight hazardous degree, during normal and
low-pitch position to a position that is emergency operation within the range
substantially less than the normal of operating limitations of the airplane
flight, low-pitch position. The analysis and of the engine.
may include or be supported by the (b) Turbocharged reciprocating en-
analysis made to show compliance with gine operating characteristics must be
§ 35.21 for the type certification of the investigated in flight to assure that no
propeller and associated installation adverse characteristics, as a result of
components. Credit will be given for an inadvertent overboost, surge, flood-
pertinent analysis and testing coming, or vapor lock, are present during
pleted by the engine and propeller normal or emergency operation of the
manufacturers. engine(s) throughout the range of oper-
[Doc. No. 26344, 58 FR 18971, Apr. 9, 1993, as ating limitations of both airplane and
amended by Amdt. 23–51, 61 FR 5136, Feb. 9, engine.
1996] (c) For turbine engines, the air inlet
system must not, as a result of airflow
§ 23.934 Turbojet and turbofan engine distortion during normal operation,
thrust reverser systems tests. cause vibration harmful to the engine.
Thrust reverser systems of turbojet [Amdt. 23–7, 34 FR 13093 Aug. 13, 1969, as
or turbofan engines must meet the re- amended by Amdt. 23–14, 38 FR 31823, Nov. 19,
quirements of § 33.97 of this chapter or 1973; Amdt. 23–18, 42 FR 15041, Mar. 17, 1977;
it must be demonstrated by tests that Amdt. 23–42, 56 FR 354, Jan. 3, 1991]
engine operation and vibratory levels
are not affected. § 23.943 Negative acceleration.
[Doc. No. 26344, 58 FR 18971, Apr. 9, 1993] No hazardous malfunction of an en-
gine, an auxiliary power unit approved
§ 23.937 Turbopropeller-drag limiting for use in flight, or any component or
systems. system associated with the powerplant
(a) Turbopropeller-powered airplane or auxiliary power unit may occur
propeller-drag limiting systems must when the airplane is operated at the
be designed so that no single failure or negative accelerations within the
malfunction of any of the systems dur- flight envelopes prescribed in § 23.333.
ing normal or emergency operation re- This must be shown for the greatest
sults in propeller drag in excess of that value and duration of the acceleration
for which the airplane was designed expected in service.
under the structural requirements of [Amdt. 23–18, 42 FR 15041, Mar. 17, 1977, as
this part. Failure of structural ele- amended by Amdt. 23–43, 58 FR 18971, Apr. 9,
ments of the drag limiting systems 1993]
281
§ 23.951 14 CFR Ch. I (1–1–17 Edition)
FUEL SYSTEM be safe) that can escape into the engine

compartment.
§ 23.951 General. (2) At least two vents arranged to
(a) Each fuel system must be con- minimize the probability of both vents
structed and arranged to ensure fuel becoming obstructed simultaneously.
flow at a rate and pressure established (3) Filler caps designed to minimize
for proper engine and auxiliary power the probability of incorrect installa-
unit functioning under each likely option or inflight loss.
erating condition, including any ma- (4) A fuel system in which those parts
neuver for which certification is re- of the system from each tank outlet to
quested and during which the engine or any engine are independent of each
auxiliary power unit is permitted to be part of the system supplying fuel to
in operation. any other engine.
(b) Each fuel system must be ar- [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
ranged so that— amended by Amdt. 23–7, 34 FR 13093 Aug. 13,
(1) No fuel pump can draw fuel from 1969; Amdt. 23–43, 58 FR 18971, Apr. 9, 1993]
more than one tank at a time; or
§ 23.954 Fuel system lightning protec-
(2) There are means to prevent intro- tion.
ducing air into the system.
The fuel system must be designed
(c) Each fuel system for a turbine en-
and arranged to prevent the ignition of
gine must be capable of sustained oper-
fuel vapor within the system by—
ation throughout its flow and pressure
(a) Direct lightning strikes to areas
range with fuel initially saturated with
having a high probability of stroke at-
water at 80 °F and having 0.75cc of free
tachment;
water per gallon added and cooled to
(b) Swept lightning strokes on areas
the most critical condition for icing
where swept strokes are highly prob-
likely to be encountered in operation. able; and
(d) Each fuel system for a turbine en- (c) Corona or streamering at fuel
gine powered airplane must meet the vent outlets.
applicable fuel venting requirements of
part 34 of this chapter. [Amdt. 23–7, 34 FR 13093, Aug. 13, 1969]
[Amdt. 23–15, 39 FR 35459, Oct. 1, 1974, as § 23.955 Fuel flow.

1990; Amdt. 23–43, 58 FR 18971, Apr. 9, 1993]
(a) General. The ability of the fuel
system to provide fuel at the rates
§ 23.953 Fuel system independence. specified in this section and at a pres-
sure sufficient for proper engine oper-
(a) Each fuel system for a multien- ation must be shown in the attitude
gine airplane must be arranged so that, that is most critical with respect to
in at least one system configuration, fuel feed and quantity of unusable fuel.
the failure of any one component These conditions may be simulated in a
(other than a fuel tank) will not result suitable mockup. In addition—
in the loss of power of more than one (1) The quantity of fuel in the tank
engine or require immediate action by may not exceed the amount established
the pilot to prevent the loss of power of as the unusable fuel supply for that
more than one engine. tank under § 23.959(a) plus that quan-
(b) If a single fuel tank (or series of tity necessary to show compliance with
fuel tanks interconnected to function this section.
as a single fuel tank) is used on a mul- (2) If there is a fuel flowmeter, it
tiengine airplane, the following must must be blocked during the flow test
be provided: and the fuel must flow through the
(1) Independent tank outlets for each meter or its bypass.
engine, each incorporating a shut-off (3) If there is a flowmeter without a
valve at the tank. This shutoff valve bypass, it must not have any probable
may also serve as the fire wall shutoff failure mode that would restrict fuel
valve required if the line between the flow below the level required for this
valve and the engine compartment does fuel demonstration.

not contain more than one quart of (4) The fuel flow must include that
fuel (or any greater amount shown to flow necessary for vapor return flow,
282
jet pump drive flow, and for all other rally aspirated power is regained with-
purposes for which fuel is used. in 10 seconds; or
(b) Gravity systems. The fuel flow rate (3) 20 seconds for multiengine air-
for gravity systems (main and reserve planes.
supply) must be 150 percent of the (f) Turbine engine fuel systems. Each
takeoff fuel consumption of the engine. turbine engine fuel system must pro-
(c) Pump systems. The fuel flow rate vide at least 100 percent of the fuel flow
for each pump system (main and re- required by the engine under each in-
serve supply) for each reciprocating en- tended operation condition and maneu-
gine must be 125 percent of the fuel ver. The conditions may be simulated
flow required by the engine at the max- in a suitable mockup. This flow must—
imum takeoff power approved under (1) Be shown with the airplane in the
this part. most adverse fuel feed condition (with
(1) This flow rate is required for each respect to altitudes, attitudes, and
main pump and each emergency pump, other conditions) that is expected in
and must be available when the pump operation; and
is operating as it would during takeoff; (2) For multiengine airplanes, not-
(2) For each hand-operated pump, withstanding the lower flow rate al-
this rate must occur at not more than lowed by paragraph (d) of this section,
60 complete cycles (120 single strokes) be automatically uninterrupted with
per minute. respect to any engine until all the fuel
(3) The fuel pressure, with main and scheduled for use by that engine has
emergency pumps operating simulta- been consumed. In addition—
neously, must not exceed the fuel inlet (i) For the purposes of this section,
pressure limits of the engine unless it ‘‘fuel scheduled for use by that engine’’
can be shown that no adverse effect oc- means all fuel in any tank intended for
curs. use by a specific engine.
(d) Auxiliary fuel systems and fuel (ii) The fuel system design must
transfer systems. Paragraphs (b), (c), and clearly indicate the engine for which
(f) of this section apply to each auxil- fuel in any tank is scheduled.
iary and transfer system, except that— (iii) Compliance with this paragraph
(1) The required fuel flow rate must must require no pilot action after com-
be established upon the basis of max- pletion of the engine starting phase of
imum continuous power and engine ro- operations.
tational speed, instead of takeoff power (3) For single-engine airplanes, re-
and fuel consumption; and quire no pilot action after completion
(2) If there is a placard providing op- of the engine starting phase of oper-
erating instructions, a lesser flow rate ations unless means are provided that
may be used for transferring fuel from unmistakenly alert the pilot to take
any auxiliary tank into a larger main any needed action at least five minutes
tank. This lesser flow rate must be ade- prior to the needed action; such pilot
quate to maintain engine maximum action must not cause any change in
continuous power but the flow rate engine operation; and such pilot action
must not overfill the main tank at must not distract pilot attention from
lower engine powers. essential flight duties during any phase
(e) Multiple fuel tanks. For recipro- of operations for which the airplane is
cating engines that are supplied with approved.
fuel from more than one tank, if engine [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
power loss becomes apparent due to amended by Amdt. 23–7, 34 FR 13093, Aug. 13,
fuel depletion from the tank selected, 1969; Amdt. 23–43, 58 FR 18971, Apr. 9, 1993;
it must be possible after switching to Amdt. 23–51, 61 FR 5136, Feb. 9, 1996]
any full tank, in level flight, to obtain
75 percent maximum continuous power § 23.957 Flow between interconnected
on that engine in not more than— tanks.
(1) 10 seconds for naturally aspirated (a) It must be impossible, in a grav-
single-engine airplanes; ity feed system with interconnected
(2) 20 seconds for turbocharged sin- tank outlets, for enough fuel to flow
gle-engine airplanes, provided that 75 between the tanks to cause an overflow
percent maximum continuous natu- of fuel from any tank vent under the
283
§ 23.959 14 CFR Ch. I (1–1–17 Edition)
conditions in § 23.959, except that full (d) The total usable capacity of the
tanks must be used. fuel tanks must be enough for at least
(b) If fuel can be pumped from one one-half hour of operation at maximum
tank to another in flight, the fuel tank continuous power.
vents and the fuel transfer system (e) Each fuel quantity indicator must
must be designed so that no structural be adjusted, as specified in § 23.1337(b),
damage to any airplane component can to account for the unusable fuel supply
occur because of overfilling of any determined under § 23.959(a).
tank. [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as FR 258, Jan. 9, 1965, as amended by Amdt 23–
amended by Amdt. 23–43, 58 FR 18972, Apr. 9, 34, 52 FR 1832, Jan. 15, 1987; Amdt. 23–43, 58
1993] FR 18972, Apr. 9, 1993; Amdt. 23–51, 61 FR 5136,
Feb. 9, 1996]
§ 23.959 Unusable fuel supply.
§ 23.965 Fuel tank tests.
(a) The unusable fuel supply for each
tank must be established as not less (a) Each fuel tank must be able to
than that quantity at which the first withstand the following pressures with-
evidence of malfunctioning occurs out failure or leakage:
under the most adverse fuel feed condi- (1) For each conventional metal tank
tion occurring under each intended op- and nonmetallic tank with walls not
eration and flight maneuver involving supported by the airplane structure, a
that tank. Fuel system component fail- pressure of 3.5 p.s.i., or that pressure
ures need not be considered. developed during maximum ultimate
(b) The effect on the usable fuel acceleration with a full tank, which-
quantity as a result of a failure of any ever is greater.
pump shall be determined. (2) For each integral tank, the pres-
sure developed during the maximum
[Amdt. 23–7, 34 FR 13093, Aug. 13, 1969, as limit acceleration of the airplane with
amended by Amdt. 23–18, 42 FR 15041, Mar. 17, a full tank, with simultaneous applica-
1977; Amdt. 23–51, 61 FR 5136, Feb. 9, 1996]
tion of the critical limit structural
§ 23.961 Fuel system hot weather oper- loads.
ation. (3) For each nonmetallic tank with
walls supported by the airplane struc-
Each fuel system must be free from
ture and constructed in an acceptable
vapor lock when using fuel at its crit-
manner using acceptable basic tank
ical temperature, with respect to vapor
material, and with actual or simulated
formation, when operating the airplane
support conditions, a pressure of 2 p.s.i.
in all critical operating and environ-
for the first tank of a specific design.
mental conditions for which approval
The supporting structure must be de-
is requested. For turbine fuel, the ini-
signed for the critical loads occurring
tial temperature must be 110 °F, ¥0°, +
in the flight or landing strength condi-
5 °F or the maximum outside air tem-
tions combined with the fuel pressure
perature for which approval is re-
loads resulting from the corresponding
quested, whichever is more critical.
accelerations.
[Doc. No. 26344, 58 FR 18972, Apr. 9, 1993; 58 (b) Each fuel tank with large, unsup-
FR 27060, May 6, 1993] ported, or unstiffened flat sur-
faces,whose failure or deformation
§ 23.963 Fuel tanks: General. could cause fuel leakage, must be able
(a) Each fuel tank must be able to to withstand the following test without
withstand, without failure, the vibra- leakage, failure, or excessive deforma-
tion, inertia, fluid, and structural loads tion of the tank walls:
that it may be subjected to in oper- (1) Each complete tank assembly and
ation. its support must be vibration tested
(b) Each flexible fuel tank liner must while mounted to simulate the actual
be shown to be suitable for the par- installation.
ticular application. (2) Except as specified in paragraph
(c) Each integral fuel tank must have (b)(4) of this section, the tank assembly
adequate facilities for interior inspec- must be vibrated for 25 hours at a total
tion and repair. displacement of not less than 1⁄32 of an
284
inch (unless another displacement is stand the sloshing test with fuel at a
substantiated) while 2⁄3 filled with temperature of 110 °F.
water or other suitable test fluid.
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
(3) The test frequency of vibration amended by Amdt. 23–43, 58 FR 18972, Apr. 9,
must be as follows: 1993; Amdt. 23–43, 61 FR 253, Jan. 4, 1996;
(i) If no frequency of vibration result- Amdt. 23–51, 61 FR 5136, Feb. 9, 1996]
ing from any rpm within the normal
operating range of engine or propeller § 23.967 Fuel tank installation.
speeds is critical, the test frequency of (a) Each fuel tank must be supported
vibration is: so that tank loads are not con-
(A) The number of cycles per minute centrated. In addition—
obtained by multiplying the maximum (1) There must be pads, if necessary,
continuous propeller speed in rpm by to prevent chafing between each tank
0.9 for propeller-driven airplanes, and and its supports;
(B) For non-propeller driven air- (2) Padding must be nonabsorbent or
planes the test frequency of vibration treated to prevent the absorption of
is 2,000 cycles per minute. fuel;
(ii) If only one frequency of vibration (3) If a flexible tank liner is used, it
resulting from any rpm within the nor- must be supported so that it is not re-
mal operating range of engine or pro- quired to withstand fluid loads;
peller speeds is critical, that frequency (4) Interior surfaces adjacent to the
of vibration must be the test fre- liner must be smooth and free from
quency. projections that could cause wear, un-
(iii) If more than one frequency of vi- less—
bration resulting from any rpm within (i) Provisions are made for protection
the normal operating range of engine of the liner at those points; or
or propeller speeds is critical, the most (ii) The construction of the liner
critical of these frequencies must be itself provides such protection; and
the test frequency. (5) A positive pressure must be main-
(4) Under paragraph (b)(3) (ii) and (iii) tained within the vapor space of each
of this section, the time of test must be bladder cell under any condition of op-
adjusted to accomplish the same num- eration, except for a particular condi-
ber of vibration cycles that would be tion for which it is shown that a zero
accomplished in 25 hours at the fre- or negative pressure will not cause the
quency specified in paragraph (b)(3)(i) bladder cell to collapse; and
of this section. (6) Syphoning of fuel (other than
(5) During the test, the tank assem- minor spillage) or collapse of bladder
bly must be rocked at a rate of 16 to 20 fuel cells may not result from improper
complete cycles per minute, through securing or loss of the fuel filler cap.
an angle of 15° on either side of the hor- (b) Each tank compartment must be
izontal (30° total), about an axis par- ventilated and drained to prevent the
allel to the axis of the fuselage, for 25 accumulation of flammable fluids or
hours. vapors. Each compartment adjacent to
(c) Each integral tank using methods a tank that is an integral part of the
of construction and sealing not pre- airplane structure must also be venti-
viously proven to be adequate by test lated and drained.
data or service experience must be able (c) No fuel tank may be on the engine
to withstand the vibration test speci- side of the firewall. There must be at
fied in paragraphs (b)(1) through (4) of least one-half inch of clearance be-
this section. tween the fuel tank and the firewall.
(d) Each tank with a nonmetallic No part of the engine nacelle skin that
liner must be subjected to the sloshing lies immediately behind a major air
test outlined in paragraph (b)(5) of this opening from the engine compartment
section, with the fuel at room tempera- may act as the wall of an integral
ture. In addition, a specimen liner of tank.
the same basic construction as that to (d) Each fuel tank must be isolated
be used in the airplane must, when in- from personnel compartments by a
stalled in a suitable test tank, with- fume-proof and fuel-proof enclosure
285
§ 23.969 14 CFR Ch. I (1–1–17 Edition)
that is vented and drained to the exte- with the airplane in the normal ground
rior of the airplane. The required en- attitude.
closure must sustain any personnel (c) Each reciprocating engine fuel
compartment pressurization loads system must have a sediment bowl or
without permanent deformation or fail- chamber that is accessible for drain-
ure under the conditions of §§ 23.365 and age; has a capacity of 1 ounce for every
23.843 of this part. A bladder-type fuel 20 gallons of fuel tank capacity; and
cell, if used, must have a retaining each fuel tank outlet is located so that,
shell at least equivalent to a metal fuel in the normal flight attitude, water
tank in structural integrity. will drain from all parts of the tank ex-
(e) Fuel tanks must be designed, lo-
cept the sump to the sediment bowl or
cated, and installed so as to retain fuel:
chamber.
(1) When subjected to the inertia
loads resulting from the ultimate stat- (d) Each sump, sediment bowl, and
ic load factors prescribed in sediment chamber drain required by
§ 23.561(b)(2) of this part; and paragraphs (a), (b), and (c) of this sec-
(2) Under conditions likely to occur tion must comply with the drain provi-
when the airplane lands on a paved sions of § 23.999(b)(1) and (b)(2).
runway at a normal landing speed [Doc. No. 26344, 58 FR 18972, Apr. 9, 1993; 58
under each of the following conditions: FR 27060, May 6, 1993]
(i) The airplane in a normal landing
attitude and its landing gear retracted. § 23.973 Fuel tank filler connection.
(ii) The most critical landing gear leg
collapsed and the other landing gear (a) Each fuel tank filler connection
legs extended. must be marked as prescribed in
§ 23.1557(c).
In showing compliance with paragraph
(e)(2) of this section, the tearing away (b) Spilled fuel must be prevented
of an engine mount must be considered from entering the fuel tank compart-
unless all the engines are installed ment or any part of the airplane other
above the wing or on the tail or fuse- than the tank itself.
lage of the airplane. (c) Each filler cap must provide a
fuel-tight seal for the main filler open-
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
amended by Amdt. 23–7, 34 FR 13903, Aug. 13, ing. However, there may be small open-
1969; Amdt. 23–14, 38 FR 31823, Nov. 19, 1973; ings in the fuel tank cap for venting
Amdt. 23–18, 42 FR 15041, Mar. 17, 1977; Amdt. purposes or for the purpose of allowing
23–26, 45 FR 60171, Sept. 11, 1980; Amdt. 23–36, passage of a fuel gauge through the cap
53 FR 30815, Aug. 15, 1988; Amdt. 23–43, 58 FR provided such openings comply with
18972, Apr. 9, 1993]
the requirements of § 23.975(a).
§ 23.969 Fuel tank expansion space. (d) Each fuel filling point, except
pressure fueling connection points,
Each fuel tank must have an expan-
must have a provision for electrically
sion space of not less than two percent
of the tank capacity, unless the tank bonding the airplane to ground fueling
vent discharges clear of the airplane equipment.
(in which case no expansion space is re- (e) For airplanes with engines requir-
quired). It must be impossible to fill ing gasoline as the only permissible
the expansion space inadvertently with fuel, the inside diameter of the fuel
the airplane in the normal ground atti- filler opening must be no larger than
tude. 2.36 inches.
(f) For airplanes with turbine en-
§ 23.971 Fuel tank sump. gines, the inside diameter of the fuel
(a) Each fuel tank must have a drain- filler opening must be no smaller than
able sump with an effective capacity, 2.95 inches.
in the normal ground and flight atti-
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30
tudes, of 0.25 percent of the tank capac-
ity, or 1⁄16 gallon, whichever is greater.
18, 42 FR 15041, Mar. 17, 1977; Amdt. 23–43, 58

(b) Each fuel tank must allow drain- FR 18972, Apr. 9, 1993; Amdt. 23–51, 61 FR 5136,
age of any hazardous quantity of water Feb. 9, 1996]
from any part of the tank to its sump
286
§ 23.975 Fuel tank vents and carbu- neuver for which certification is re-
retor vapor vents. quested.
(a) Each fuel tank must be vented [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30
from the top part of the expansion FR 258, Jan. 9, 1965, as amended by Amdt. 23–
space. In addition— 18, 42 FR 15041, Mar. 17, 1977; Amdt. 23–29, 49
FR 6847, Feb. 23, 1984; Amdt. 23–43, 58 FR
(1) Each vent outlet must be located 18973, Apr. 9, 1993; Amdt. 23–51, 61 FR 5136,
and constructed in a manner that mini- Feb. 9, 1996]
mizes the possibility of its being ob-
structed by ice or other foreign matter; § 23.977 Fuel tank outlet.
(2) Each vent must be constructed to (a) There must be a fuel strainer for
prevent siphoning of fuel during nor- the fuel tank outlet or for the booster
mal operation; pump. This strainer must—
(3) The venting capacity must allow (1) For reciprocating engine powered
the rapid relief of excessive differences airplanes, have 8 to 16 meshes per inch;
of pressure between the interior and and
exterior of the tank; (2) For turbine engine powered air-
(4) Airspaces of tanks with inter- planes, prevent the passage of any ob-
connected outlets must be inter- ject that could restrict fuel flow or
connected; damage any fuel system component.
(5) There may be no point in any vent (b) The clear area of each fuel tank
line where moisture can accumulate outlet strainer must be at least five
with the airplane in either the ground times the area of the outlet line.
or level flight attitudes, unless drain- (c) The diameter of each strainer
age is provided. Any drain valve in- must be at least that of the fuel tank
stalled must be accessible for drainage; outlet.
(6) No vent may terminate at a point (d) Each strainer must be accessible
for inspection and cleaning.
where the discharge of fuel from the
vent outlet will constitute a fire haz- [Amdt. 23–17, 41 FR 55465, Dec. 20, 1976, as
ard or from which fumes may enter amended by Amdt. 23–43, 58 FR 18973, Apr. 9,
personnel compartments; and 1993]
(7) Vents must be arranged to pre- § 23.979 Pressure fueling systems.
vent the loss of fuel, except fuel dis-
charged because of thermal expansion, For pressure fueling systems, the fol-
when the airplane is parked in any di- lowing apply:
rection on a ramp having a one-percent (a) Each pressure fueling system fuel
slope. manifold connection must have means
to prevent the escape of hazardous
(b) Each carburetor with vapor elimi-
quantities of fuel from the system if
nation connections and each fuel injec-
the fuel entry valve fails.
tion engine employing vapor return
(b) An automatic shutoff means must
provisions must have a separate vent
be provided to prevent the quantity of
line to lead vapors back to the top of
fuel in each tank from exceeding the
one of the fuel tanks. If there is more maximum quantity approved for that
than one tank and it is necessary to tank. This means must—
use these tanks in a definite sequence (1) Allow checking for proper shutoff
for any reason, the vapor vent line operation before each fueling of the
must lead back to the fuel tank to be tank; and
used first, unless the relative capac- (2) For commuter category airplanes,
ities of the tanks are such that return indicate at each fueling station, a fail-
to another tank is preferable. ure of the shutoff means to stop the
(c) For acrobatic category airplanes, fuel flow at the maximum quantity ap-
excessive loss of fuel during acrobatic proved for that tank.
maneuvers, including short periods of (c) A means must be provided to pre-
inverted flight, must be prevented. It vent damage to the fuel system in the
must be impossible for fuel to siphon event of failure of the automatic shut-
from the vent when normal flight has off means prescribed in paragraph (b)
been resumed after any acrobatic ma- of this section.
287
§ 23.991 14 CFR Ch. I (1–1–17 Edition)
(d) All parts of the fuel system up to functional status of any other fuel
the tank which are subjected to fueling pump.
pressures must have a proof pressure of
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
1.33 times, and an ultimate pressure of amended by Amdt. 23–7, 34 FR 13093, Aug. 13,
at least 2.0 times, the surge pressure 1969; Amdt. 23–26, 45 FR 60171, Sept. 11, 1980;
likely to occur during fueling. Amdt. 23–43, 58 FR 18973, Apr. 9, 1993]
[Amdt. 23–14, 38 FR 31823, Nov. 19, 1973, as
amended by Amdt. 23–51, 61 FR 5137, Feb. 9, § 23.993 Fuel system lines and fittings.
1996] (a) Each fuel line must be installed
and supported to prevent excessive vi-
FUEL SYSTEM COMPONENTS bration and to withstand loads due to
§ 23.991 Fuel pumps. fuel pressure and accelerated flight
conditions.
(a) Main pumps. For main pumps, the (b) Each fuel line connected to com-
following apply: ponents of the airplane between which
(1) For reciprocating engine installa- relative motion could exist must have
tions having fuel pumps to supply fuel provisions for flexibility.
to the engine, at least one pump for (c) Each flexible connection in fuel
each engine must be directly driven by lines that may be under pressure and
the engine and must meet § 23.955. This subjected to axial loading must use
pump is a main pump.
flexible hose assemblies.
(2) For turbine engine installations,
(d) Each flexible hose must be shown
each fuel pump required for proper en-
to be suitable for the particular appli-
gine operation, or required to meet the
cation.
fuel system requirements of this sub-
(e) No flexible hose that might be ad-
part (other than those in paragraph (b)
of this section), is a main pump. In adversely affected by exposure to high
dition— temperatures may be used where exces-
sive temperatures will exist during op-
(i) There must be at least one main
pump for each turbine engine; eration or after engine shutdown.
(ii) The power supply for the main [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
pump for each engine must be inde- amended by Amdt. 23–43, 58 FR 18973, Apr. 9,
pendent of the power supply for each 1993]
main pump for any other engine; and
(iii) For each main pump, provision § 23.994 Fuel system components.
must be made to allow the bypass of Fuel system components in an engine
each positive displacement fuel pump nacelle or in the fuselage must be pro-
other than a fuel injection pump ap- tected from damage which could result
proved as part of the engine. in spillage of enough fuel to constitute
(b) Emergency pumps. There must be a fire hazard as a result of a wheels-up
an emergency pump immediately avail- landing on a paved runway.
able to supply fuel to the engine if any
[Amdt. 23–29, 49 FR 6847, Feb. 23, 1984]
main pump (other than a fuel injection
pump approved as part of an engine) § 23.995 Fuel valves and controls.
fails. The power supply for each emer-
gency pump must be independent of the (a) There must be a means to allow
power supply for each corresponding appropriate flight crew members to
main pump. rapidly shut off, in flight, the fuel to
(c) Warning means. If both the main each engine individually.
pump and emergency pump operate (b) No shutoff valve may be on the
continuously, there must be a means to engine side of any firewall. In addition,
indicate to the appropriate flight crew- there must be means to—
members a malfunction of either pump. (1) Guard against inadvertent oper-
(d) Operation of any fuel pump may ation of each shutoff valve; and
not affect engine operation so as to (2) Allow appropriate flight crew

create a hazard, regardless of the en- members to reopen each valve rapidly
gine power or thrust setting or the after it has been closed.
288
(c) Each valve and fuel system con- system functioning is not impaired,
trol must be supported so that loads re- with the fuel contaminated to a degree
sulting from its operation or from ac- (with respect to particle size and den-
celerated flight conditions are not sity) that is greater than that estab-
transmitted to the lines connected to lished for the engine during its type
the valve. certification.
(d) Each valve and fuel system con- (e) In addition, for commuter cat-
trol must be installed so that gravity egory airplanes, unless means are pro-
and vibration will not affect the se- vided in the fuel system to prevent the
lected position. accumulation of ice on the filter, a
(e) Each fuel valve handle and its means must be provided to automati-
connections to the valve mechanism cally maintain the fuel flow if ice clog-
must have design features that mini- ging of the filter occurs.
mize the possibility of incorrect instal- [Amdt. 23–15, 39 FR 35459, Oct. 1, 1974, as
lation. amended by Amdt. 23–29, 49 FR 6847, Feb. 23,
(f) Each check valve must be con- 1984; Amdt. 23–34, 52 FR 1832, Jan. 15, 1987;
structed, or otherwise incorporate pro- Amdt. 23–43, 58 FR 18973, Apr. 9, 1993]
visions, to preclude incorrect assembly
or connection of the valve. § 23.999 Fuel system drains.
(g) Fuel tank selector valves must— (a) There must be at least one drain
(1) Require a separate and distinct to allow safe drainage of the entire fuel
action to place the selector in the system with the airplane in its normal
‘‘OFF’’ position; and ground attitude.
(2) Have the tank selector positions (b) Each drain required by paragraph
located in such a manner that it is im- (a) of this section and § 23.971 must—
possible for the selector to pass (1) Discharge clear of all parts of the
through the ‘‘OFF’’ position when airplane;
changing from one tank to another. (2) Have a drain valve—
(i) That has manual or automatic
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
means for positive locking in the
1973; Amdt. 23–17, 41 FR 55465, Dec. 20, 1976; closed position;
Amdt. 23–18, 42 FR 15041, Mar. 17, 1977; Amdt. (ii) That is readily accessible;
23–29, 49 FR 6847, Feb. 23, 1984] (iii) That can be easily opened and
closed;
§ 23.997 Fuel strainer or filter. (iv) That allows the fuel to be caught
There must be a fuel strainer or filter for examination;
between the fuel tank outlet and the (v) That can be observed for proper
inlet of either the fuel metering device closing; and
or an engine driven positive displace- (vi) That is either located or pro-
ment pump, whichever is nearer the tected to prevent fuel spillage in the
fuel tank outlet. This fuel strainer or event of a landing with landing gear re-
filter must— tracted.
(a) Be accessible for draining and [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
cleaning and must incorporate a screen amended by Amdt. 23–17, 41 FR 55465, Dec. 20,
or element which is easily removable; 1976; Amdt. 23–43, 58 FR 18973, Apr. 9, 1993]
(b) Have a sediment trap and drain
except that it need not have a drain if § 23.1001 Fuel jettisoning system.
the strainer or filter is easily remov- (a) If the design landing weight is
able for drain purposes; less than that permitted under the re-
(c) Be mounted so that its weight is quirements of § 23.473(b), the airplane
not supported by the connecting lines must have a fuel jettisoning system in-
or by the inlet or outlet connections of stalled that is able to jettison enough
the strainer or filter itself, unless ade- fuel to bring the maximum weight
quate strength margins under all load- down to the design landing weight. The
ing conditions are provided in the lines average rate of fuel jettisoning must be
and connections; and at least 1 percent of the maximum
(d) Have the capacity (with respect to weight per minute, except that the
operating limitations established for time required to jettison the fuel need
the engine) to ensure that engine fuel not be less than 10 minutes.
289
§ 23.1011 14 CFR Ch. I (1–1–17 Edition)
(b) Fuel jettisoning must be dem- means that change the airflow are
onstrated at maximum weight with being used.
flaps and landing gear up and in— (h) The fuel jettisoning system must
(1) A power-off glide at 1.4 VS1; be designed so that any reasonably
(2) A climb, at the speed at which the probable single malfunction in the sys-
one-engine-inoperative enroute climb tem will not result in a hazardous con-
data have been established in accord- dition due to unsymmetrical jetti-
ance with § 23.69(b), with the critical soning of, or inability to jettison, fuel.
engine inoperative and the remaining [Amdt. 23–7, 34 FR 13094, Aug. 13, 1969, as
engines at maximum continuous amended by Amdt. 23–43, 58 FR 18973, Apr. 9,
power; and 1993; Amdt. 23–51, 61 FR 5137, Feb. 9, 1996]
(3) Level flight at 1.4 VS1, if the re-
sults of the tests in the conditions OIL SYSTEM
specified in paragraphs (b)(1) and (2) of
this section show that this condition § 23.1011 General.
could be critical. (a) For oil systems and components
(c) During the flight tests prescribed that have been approved under the en-
in paragraph (b) of this section, it must gine airworthiness requirements and
be shown that— where those requirements are equal to
(1) The fuel jettisoning system and or more severe than the corresponding
its operation are free from fire hazard; requirements of subpart E of this part,
(2) The fuel discharges clear of any that approval need not be duplicated.
part of the airplane; Where the requirements of subpart E of
(3) Fuel or fumes do not enter any this part are more severe, substan-
parts of the airplane; and tiation must be shown to the require-
(4) The jettisoning operation does not ments of subpart E of this part.
adversely affect the controllability of (b) Each engine must have an inde-
the airplane. pendent oil system that can supply it
(d) For reciprocating engine powered with an appropriate quantity of oil at a
airplanes, the jettisoning system must temperature not above that safe for
be designed so that it is not possible to continuous operation.
jettison the fuel in the tanks used for (c) The usable oil tank capacity may
takeoff and landing below the level al- not be less than the product of the en-
lowing 45 minutes flight at 75 percent durance of the airplane under critical
maximum continuous power. However, operating conditions and the maximum
if there is an auxiliary control inde- oil consumption of the engine under
pendent of the main jettisoning con- the same conditions, plus a suitable
trol, the system may be designed to margin to ensure adequate circulation
jettison all the fuel. and cooling.
(e) For turbine engine powered air- (d) For an oil system without an oil
planes, the jettisoning system must be transfer system, only the usable oil
designed so that it is not possible to tank capacity may be considered. The
jettison fuel in the tanks used for take- amount of oil in the engine oil lines,
off and landing below the level allow- the oil radiator, and the feathering re-
ing climb from sea level to 10,000 feet serve, may not be considered.
and thereafter allowing 45 minutes (e) If an oil transfer system is used,
cruise at a speed for maximum range. and the transfer pump can pump some
(f) The fuel jettisoning valve must be of the oil in the transfer lines into the
designed to allow flight crewmembers main engine oil tanks, the amount of
to close the valve during any part of oil in these lines that can be pumped
the jettisoning operation. by the transfer pump may be included
(g) Unless it is shown that using any in the oil capacity.
means (including flaps, slots, and slats) [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
for changing the airflow across or amended by Amdt. 23–43, 58 FR 18973, Apr. 9,
around the wings does not adversely af- 1993]
fect fuel jettisoning, there must be a
placard, adjacent to the jettisoning § 23.1013 Oil tanks.

control, to warn flight crewmembers (a) Installation. Each oil tank must be
against jettisoning fuel while the installed to—
290
(1) Meet the requirements of § 23.967 (f) Flexible liners. Each flexible oil
(a) and (b); and tank liner must be of an acceptable
(2) Withstand any vibration, inertia, kind.
and fluid loads expected in operation. (g) Each oil tank filler cap of an oil
(b) Expansion space. Oil tank expan- tank that is used with an engine must
sion space must be provided so that— provide an oiltight seal.
(1) Each oil tank used with a recipro-
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
cating engine has an expansion space of amended by Amdt. 23–15, 39 FR 35459 Oct. 1,
not less than the greater of 10 percent 1974; Amdt. 23–43, 58 FR 18973, Apr. 9, 1993;
of the tank capacity or 0.5 gallon, and Amdt. 23–51, 61 FR 5137, Feb. 9, 1996]
each oil tank used with a turbine en-
gine has an expansion space of not less § 23.1015 Oil tank tests.
than 10 percent of the tank capacity;
Each oil tank must be tested under
and
§ 23.965, except that—
(2) It is impossible to fill the expan-
sion space inadvertently with the air- (a) The applied pressure must be five
plane in the normal ground attitude. p.s.i. for the tank construction instead
of the pressures specified in § 23.965(a);
(c) Filler connection. Each oil tank
filler connection must be marked as (b) For a tank with a nonmetallic
specified in § 23.1557(c). Each recessed liner the test fluid must be oil rather
oil tank filler connection of an oil tank than fuel as specified in § 23.965(d), and
used with a turbine engine, that can re- the slosh test on a specimen liner must
tain any appreciable quantity of oil, be conducted with the oil at 250 °F.;
must have provisions for fitting a and
drain. (c) For pressurized tanks used with a
(d) Vent. Oil tanks must be vented as turbine engine, the test pressure may
follows: not be less than 5 p.s.i. plus the max-
(1) Each oil tank must be vented to imum operating pressure of the tank.
the engine from the top part of the ex- [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
pansion space so that the vent connec- amended by Amdt. 23–15, 39 FR 35460, Oct. 1,
tion is not covered by oil under any 1974]
normal flight condition.
(2) Oil tank vents must be arranged § 23.1017 Oil lines and fittings.
so that condensed water vapor that
(a) Oil lines. Oil lines must meet
might freeze and obstruct the line can-
§ 23.993 and must accommodate a flow
not accumulate at any point.
of oil at a rate and pressure adequate
(3) For acrobatic category airplanes,
for proper engine functioning under
there must be means to prevent haz-
ardous loss of oil during acrobatic ma- any normal operating condition.
neuvers, including short periods of in- (b) Breather lines. Breather lines must
verted flight. be arranged so that—
(e) Outlet. No oil tank outlet may be (1) Condensed water vapor or oil that
enclosed by any screen or guard that might freeze and obstruct the line can-
would reduce the flow of oil below a not accumulate at any point;
safe value at any operating tempera- (2) The breather discharge will not
ture. No oil tank outlet diameter may constitute a fire hazard if foaming oc-
be less than the diameter of the engine curs, or cause emitted oil to strike the
oil pump inlet. Each oil tank used with pilot’s windshield;
a turbine engine must have means to (3) The breather does not discharge
prevent entrance into the tank itself, into the engine air induction system;
or into the tank outlet, of any object and
that might obstruct the flow of oil (4) For acrobatic category airplanes,
through the system. There must be a there is no excessive loss of oil from
shutoff valve at the outlet of each oil the breather during acrobatic maneu-
tank used with a turbine engine, unless
vers, including short periods of in-

the external portion of the oil system
verted flight.
(including oil tank supports) is fire-
proof.
291
§ 23.1019 14 CFR Ch. I (1–1–17 Edition)
(5) The breather outlet is protected § 23.1021 Oil system drains.

against blockage by ice or foreign mat- A drain (or drains) must be provided
ter. to allow safe drainage of the oil sys-
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as tem. Each drain must—
amended by Amdt. 23–7, 34 FR 13094, Aug. 13, (a) Be accessible;
1969; Amdt. 23–14, 38 FR 31823, Nov. 19, 1973] (b) Have drain valves, or other clo-
sures, employing manual or automatic
§ 23.1019 Oil strainer or filter. shut-off means for positive locking in
(a) Each turbine engine installation the closed position; and
must incorporate an oil strainer or fil- (c) Be located or protected to prevent
ter through which all of the engine oil inadvertent operation.
flows and which meets the following re- [Amdt. 23–29, 49 FR 6847, Feb. 23, 1984, as
quirements: amended by Amdt. 23–43, 58 FR 18973, Apr. 9,
(1) Each oil strainer or filter that has 1993]
a bypass, must be constructed and in-
stalled so that oil will flow at the nor- § 23.1023 Oil radiators.
mal rate through the rest of the sys- Each oil radiator and its supporting
tem with the strainer or filter com- structures must be able to withstand
pletely blocked. the vibration, inertia, and oil pressure
(2) The oil strainer or filter must loads to which it would be subjected in
have the capacity (with respect to op- operation.
erating limitations established for the
§ 23.1027 Propeller feathering system.
engine) to ensure that engine oil sys-
tem functioning is not impaired when (a) If the propeller feathering system
the oil is contaminated to a degree uses engine oil and that oil supply can
(with respect to particle size and den- become depleted due to failure of any
sity) that is greater than that estab- part of the oil system, a means must be
lished for the engine for its type cer- incorporated to reserve enough oil to
tification. operate the feathering system.
(3) The oil strainer or filter, unless it (b) The amount of reserved oil must
is installed at an oil tank outlet, must be enough to accomplish feathering
incorporate a means to indicate con- and must be available only to the
tamination before it reaches the capac- feathering pump.
ity established in accordance with (c) The ability of the system to ac-
paragraph (a)(2) of this section. complish feathering with the reserved
(4) The bypass of a strainer or filter oil must be shown.
must be constructed and installed so (d) Provision must be made to pre-
vent sludge or other foreign matter
that the release of collected contami-
from affecting the safe operation of the
nants is minimized by appropriate lo-
propeller feathering system.
cation of the bypass to ensure that col-
lected contaminants are not in the by- [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
pass flow path. amended by Amdt. 23–14, 38 FR 31823, Nov. 19,
(5) An oil strainer or filter that has 1973; Amdt. 23–43, 58 FR 18973, Apr. 9, 1993]
no bypass, except one that is installed COOLING
at an oil tank outlet, must have a
means to connect it to the warning § 23.1041 General.
system required in § 23.1305(c)(9).
The powerplant and auxiliary power
(b) Each oil strainer or filter in a unit cooling provisions must maintain
powerplant installation using recipro- the temperatures of powerplant compo-
cating engines must be constructed and nents and engine fluids, and auxiliary
installed so that oil will flow at the power unit components and fluids with-
normal rate through the rest of the in the limits established for those com-
system with the strainer or filter ele- ponents and fluids under the most ad-
ment completely blocked. verse ground, water, and flight oper-
[Amdt. 23–15, 39 FR 35460, Oct. 1, 1974, as ations to the maximum altitude and
amended by Amdt. 23–29, 49 FR 6847, Feb. 23, maximum ambient atmospheric tem-
1984; Amdt. 23–43, 58 FR 18973, Apr. 9, 1993] perature conditions for which approval
292
is requested, and after normal engine rence of the maximum fluid or compo-
and auxiliary power unit shutdown. nent temperature recorded during the
[Doc. No. 26344, 58 FR 18973, Apr. 9, 1993, as
cooling test.
amended by Amdt. 23–51, 61 FR 5137, Feb. 9, (d) Correction factor for cylinder barrel
1996] temperatures. Cylinder barrel tempera-
tures must be corrected by adding to
§ 23.1043 Cooling tests. them 0.7 times the difference between
(a) General. Compliance with § 23.1041 the maximum ambient atmospheric
must be shown on the basis of tests, for temperature for the relevant altitude
which the following apply: for which approval has been requested
(1) If the tests are conducted under and the temperature of the ambient air
ambient atmospheric temperature con- at the time of the first occurrence of
ditions deviating from the maximum the maximum cylinder barrel tempera-
for which approval is requested, the re- ture recorded during the cooling test.
corded powerplant temperatures must [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
be corrected under paragraphs (c) and amended by Amdt. 23–7, 34 FR 13094, Aug. 13,
(d) of this section, unless a more ra- 1969; Amdt. 23–21, 43 FR 2319, Jan. 16, 1978;
tional correction method is applicable. Amdt. 23–51, 61 FR 5137, Feb. 9, 1996]
(2) No corrected temperature deter-
mined under paragraph (a)(1) of this § 23.1045 Cooling test procedures for
section may exceed established limits. turbine engine powered airplanes.
(3) The fuel used during the cooling (a) Compliance with § 23.1041 must be
tests must be of the minimum grade shown for all phases of operation. The
approved for the engine. airplane must be flown in the configu-
(4) For turbocharged engines, each rations, at the speeds, and following
turbocharger must be operated through the procedures recommended in the
that part of the climb profile for which Airplane Flight Manual for the rel-
operation with the turbocharger is re- evant stage of flight, that correspond
quested. to the applicable performance require-
(5) For a reciprocating engine, the ments that are critical to cooling.
mixture settings must be the leanest (b) Temperatures must be stabilized
recommended for climb. under the conditions from which entry
(b) Maximum ambient atmospheric tem- is made into each stage of flight being
perature. A maximum ambient atmos- investigated, unless the entry condi-
pheric temperature corresponding to tion normally is not one during which
sea level conditions of at least 100 de- component and engine fluid tempera-
grees F must be established. The as- tures would stabilize (in which case,
sumed temperature lapse rate is 3.6 de- operation through the full entry condi-
grees F per thousand feet of altitude tion must be conducted before entry
above sea level until a temperature of into the stage of flight being inves-
¥69.7 degrees F is reached, above which tigated in order to allow temperatures
altitude the temperature is considered to reach their natural levels at the
constant at ¥69.7 degrees F. However, time of entry). The takeoff cooling test
for winterization installations, the ap- must be preceded by a period during
plicant may select a maximum ambi- which the powerplant component and
ent atmospheric temperature cor- engine fluid temperatures are sta-
responding to sea level conditions of bilized with the engines at ground idle.
less than 100 degrees F.
(c) Cooling tests for each stage of
(c) Correction factor (except cylinder
flight must be continued until—
barrels). Temperatures of engine fluids
and powerplant components (except (1) The component and engine fluid
cylinder barrels) for which temperature temperatures stabilize;
limits are established, must be cor- (2) The stage of flight is completed;
rected by adding to them the difference or
between the maximum ambient atmos- (3) An operating limitation is
pheric temperature for the relevant al- reached.
titude for which approval has been re- [Amdt. 23–7, 34 FR 13094, Aug. 13, 1969, as
quested and the temperature of the am- amended by Amdt. 23–51, 61 FR 5137, Feb. 9,
bient air at the time of the first occur- 1996]
293
§ 23.1047 14 CFR Ch. I (1–1–17 Edition)
§ 23.1047 Cooling test procedures for (2) Each recessed coolant filler con-
reciprocating engine powered air- nection must have a drain that dis-
planes. charges clear of the entire airplane.
Compliance with § 23.1041 must be (d) Lines and fittings. Each coolant
shown for the climb (or, for multien- system line and fitting must meet the
gine airplanes with negative one-en- requirements of § 23.993, except that the
gine-inoperative rates of climb, the de- inside diameter of the engine coolant
scent) stage of flight. The airplane inlet and outlet lines may not be less
must be flown in the configurations, at than the diameter of the corresponding
the speeds and following the procedures engine inlet and outlet connections.
recommended in the Airplane Flight (e) Radiators. Each coolant radiator
Manual, that correspond to the appli- must be able to withstand any vibra-
cable performance requirements that tion, inertia, and coolant pressure load
are critical to cooling. to which it may normally be subjected.
[Amdt. 23–51, 61 FR 5137, Feb. 9, 1996] In addition—
(1) Each radiator must be supported
LIQUID COOLING to allow expansion due to operating
temperatures and prevent the trans-
§ 23.1061 Installation.
mittal of harmful vibration to the radi-
(a) General. Each liquid-cooled engine ator; and
must have an independent cooling sys- (2) If flammable coolant is used, the
tem (including coolant tank) installed air intake duct to the coolant radiator
so that— must be located so that (in case of fire)
(1) Each coolant tank is supported so flames from the nacelle cannot strike
that tank loads are distributed over a the radiator.
large part of the tank surface;
(f) Drains. There must be an acces-
(2) There are pads or other isolation
sible drain that—
means between the tank and its sup-
ports to prevent chafing. (1) Drains the entire cooling system
(3) Pads or any other isolation means (including the coolant tank, radiator,
that is used must be nonabsorbent or and the engine) when the airplane is in
must be treated to prevent absorption the normal ground altitude;
of flammable fluids; and (2) Discharges clear of the entire air-
(4) No air or vapor can be trapped in plane; and
any part of the system, except the (3) Has means to positively lock it
coolant tank expansion space, during closed.
filling or during operation. [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
(b) Coolant tank. The tank capacity amended by Amdt. 23–43, 58 FR 18973, Apr. 9,
must be at least one gallon, plus 10 per- 1993]
cent of the cooling system capacity. In
addition— § 23.1063 Coolant tank tests.
(1) Each coolant tank must be able to
withstand the vibration, inertia, and Each coolant tank must be tested
fluid loads to which it may be sub- under § 23.965, except that—
jected in operation; (a) The test required by § 23.965(a)(1)
(2) Each coolant tank must have an must be replaced with a similar test
expansion space of at least 10 percent using the sum of the pressure devel-
of the total cooling system capacity; oped during the maximum ultimate ac-
and celeration with a full tank or a pres-
(3) It must be impossible to fill the sure of 3.5 pounds per square inch,
expansion space inadvertently with the whichever is greater, plus the max-
airplane in the normal ground attitude. imum working pressure of the system;
(c) Filler connection. Each coolant and
tank filler connection must be marked (b) For a tank with a nonmetallic
as specified in § 23.1557(c). In addition— liner the test fluid must be coolant
(1) Spilled coolant must be prevented rather than fuel as specified in
from entering the coolant tank com- § 23.965(d), and the slosh test on a speci-
partment or any part of the airplane men liner must be conducted with the
other than the tank itself; and coolant at operating temperature.
294
INDUCTION SYSTEM § 23.1093 Induction system icing pro-

tection.
§ 23.1091 Air induction system.
(a) Reciprocating engines. Each recip-
(a) The air induction system for each rocating engine air induction system
engine and auxiliary power unit and must have means to prevent and elimi-
their accessories must supply the air nate icing. Unless this is done by other
required by that engine and auxiliary means, it must be shown that, in air
power unit and their accessories under free of visible moisture at a tempera-
the operating conditions for which cer- ture of 30 °F—
tification is requested. (1) Each airplane with sea level en-
(b) Each reciprocating engine instal- gines using conventional venturi car-
lation must have at least two separate buretors has a preheater that can pro-
air intake sources and must meet the vide a heat rise of 90 °F. with the en-
following: gines at 75 percent of maximum contin-
(1) Primary air intakes may open uous power;
within the cowling if that part of the (2) Each airplane with altitude en-
cowling is isolated from the engine ac- gines using conventional venturi car-
cessory section by a fire-resistant dia- buretors has a preheater that can pro-
phragm or if there are means to pre- vide a heat rise of 120 °F. with the en-
vent the emergence of backfire flames. gines at 75 percent of maximum contin-
(2) Each alternate air intake must be uous power;
located in a sheltered position and may (3) Each airplane with altitude en-
not open within the cowling if the gines using fuel metering device tend-
emergence of backfire flames will re- ing to prevent icing has a preheater
sult in a hazard. that, with the engines at 60 percent of
(3) The supplying of air to the engine maximum continuous power, can pro-
through the alternate air intake sys- vide a heat rise of—
tem may not result in a loss of exces- (i) 100 °F.; or
sive power in addition to the power loss (ii) 40 °F., if a fluid deicing system
due to the rise in air temperature. meeting the requirements of §§ 23.1095
(4) Each automatic alternate air door through 23.1099 is installed;
must have an override means acces- (4) Each airplane with sea level en-
sible to the flight crew. gine(s) using fuel metering device tend-
(5) Each automatic alternate air door ing to prevent icing has a sheltered al-
must have a means to indicate to the ternate source of air with a preheat of
flight crew when it is not closed. not less than 60 °F with the engines at
(c) For turbine engine powered air- 75 percent of maximum continuous
planes— power;
(1) There must be means to prevent (5) Each airplane with sea level or al-
hazardous quantities of fuel leakage or titude engine(s) using fuel injection
overflow from drains, vents, or other systems having metering components
components of flammable fluid systems on which impact ice may accumulate
from entering the engine intake sys- has a preheater capable of providing a
tem; and heat rise of 75 °F when the engine is op-
(2) The airplane must be designed to erating at 75 percent of its maximum
prevent water or slush on the runway, continuous power; and
taxiway, or other airport operating (6) Each airplane with sea level or al-
surfaces from being directed into the titude engine(s) using fuel injection
engine or auxiliary power unit air in- systems not having fuel metering com-
take ducts in hazardous quantities. ponents projecting into the airstream
The air intake ducts must be located or on which ice may form, and intro-
protected so as to minimize the hazard ducing fuel into the air induction sys-
of ingestion of foreign matter during tem downstream of any components or
takeoff, landing, and taxiing. other obstruction on which ice pro-
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
duced by fuel evaporation may form,
has a sheltered alternate source of air

1969; Amdt. 23–43, 58 FR 18973, Apr. 9, 1993; 58 with a preheat of not less than 60 °F
FR 27060, May 6, 1993; Amdt. 23–51, 61 FR 5137, with the engines at 75 percent of its
Feb. 9, 1996] maximum continuous power.
295
§ 23.1095 14 CFR Ch. I (1–1–17 Edition)
(b) Turbine engines. (1) Each turbine hour, of not less than 2.5 times the
engine and its air inlet system must square root of the maximum contin-
operate throughout the flight power uous power of the engine.
range of the engine (including idling), (b) The fluid must be introduced into
without the accumulation of ice on en- the air induction system—
gine or inlet system components that (1) Close to, and upstream of, the car-
would adversely affect engine oper- buretor; and
ation or cause a serious loss of power (2) So that it is equally distributed
or thrust— over the entire cross section of the in-
(i) Under the icing conditions speci- duction system air passages.
fied in appendix C of part 25 of this
chapter; and § 23.1097 Carburetor deicing fluid sys-
tem capacity.
(ii) In snow, both falling and blowing,
within the limitations established for (a) The capacity of each carburetor
the airplane for such operation. deicing fluid system—
(2) Each turbine engine must idle for (1) May not be less than the greater
30 minutes on the ground, with the air of—
bleed available for engine icing protec- (i) That required to provide fluid at
tion at its critical condition, without the rate specified in § 23.1095 for a time
adverse effect, in an atmosphere that is equal to three percent of the maximum
at a temperature between 15° and 30 °F endurance of the airplane; or
(between ¥9° and ¥1 °C) and has a liq- (ii) 20 minutes at that flow rate; and
uid water content not less than 0.3 (2) Need not exceed that required for
grams per cubic meter in the form of two hours of operation.
drops having a mean effective diameter (b) If the available preheat exceeds 50
not less than 20 microns, followed by °F. but is less than 100 °F., the capacity
momentary operation at takeoff power of the system may be decreased in pro-
or thrust. During the 30 minutes of idle portion to the heat rise available in ex-
operation, the engine may be run up cess of 50 °F.
periodically to a moderate power or
§ 23.1099 Carburetor deicing fluid sys-
thrust setting in a manner acceptable tem detail design.
to the Administrator.
(c) Reciprocating engines with Super- Each carburetor deicing fluid system
chargers. For airplanes with recipro- must meet the applicable requirements
cating engines having superchargers to for the design of a fuel system, except
pressurize the air before it enters the as specified in §§ 23.1095 and 23.1097.
fuel metering device, the heat rise in § 23.1101 Induction air preheater de-
the air caused by that supercharging at sign.
any altitude may be utilized in deter-
mining compliance with paragraph (a) Each exhaust-heated, induction air
of this section if the heat rise utilized preheater must be designed and con-
is that which will be available, auto- structed to—
matically, for the applicable altitudes (a) Ensure ventilation of the pre-
and operating condition because of su- heater when the induction air pre-
percharging. heater is not being used during engine
operation;
[Amdt. 23–7, 34 FR 13095, Aug. 13, 1969, as (b) Allow inspection of the exhaust
amended by Amdt. 23–15, 39 FR 35460, Oct. 1, manifold parts that it surrounds; and
1974; Amdt. 23–17, 41 FR 55465, Dec. 20, 1976; (c) Allow inspection of critical parts
Amdt. 23–18, 42 FR 15041, Mar. 17, 1977; Amdt.
of the preheater itself.
23–29, 49 FR 6847, Feb. 23, 1984; Amdt. 23–43, 58
FR 18973, Apr. 9, 1993; Amdt. 23–51, 61 FR 5137, [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
Feb. 9, 1996] amended by Amdt. 23–43, 58 FR 18974, Apr. 9,
1993]
§ 23.1095 Carburetor deicing fluid flow
rate. § 23.1103 Induction system ducts.
(a) If a carburetor deicing fluid sys- (a) Each induction system duct must
tem is used, it must be able to simulta- have a drain to prevent the accumula-
neously supply each engine with a rate tion of fuel or moisture in the normal
of fluid flow, expressed in pounds per ground and flight attitudes. No drain
296
may discharge where it will cause a (a) Each screen must be upstream of
fire hazard. the carburetor or fuel injection system.
(b) Each duct connected to compo- (b) No screen may be in any part of
nents between which relative motion the induction system that is the only
could exist must have means for flexi- passage through which air can reach
bility. the engine, unless—
(c) Each flexible induction system (1) The available preheat is at least
duct must be capable of withstanding 100 °F.; and
the effects of temperature extremes, (2) The screen can be deiced by heat-
fuel, oil, water, and solvents to which ed air;
it is expected to be exposed in service (c) No screen may be deiced by alco-
and maintenance without hazardous hol alone; and
deterioration or delamination. (d) It must be impossible for fuel to
(d) For reciprocating engine installa- strike any screen.
tions, each induction system duct must
be— [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30
(1) Strong enough to prevent induc- FR 258, Jan. 9, 1996, as amended by Amdt. 23–
tion system failures resulting from 51, 61 FR 5137, Feb. 9, 1996]
normal backfire conditions; and
§ 23.1107 Induction system filters.
(2) Fire resistant in any compart-
ment for which a fire extinguishing If an air filter is used to protect the
system is required. engine against foreign material par-
(e) Each inlet system duct for an aux- ticles in the induction air supply—
iliary power unit must be— (a) Each air filter must be capable of
(1) Fireproof within the auxiliary withstanding the effects of tempera-
power unit compartment; ture extremes, rain, fuel, oil, and sol-
(2) Fireproof for a sufficient distance vents to which it is expected to be ex-
upstream of the auxiliary power unit posed in service and maintenance; and
compartment to prevent hot gas re- (b) Each air filter shall have a design
verse flow from burning through the feature to prevent material separated
duct and entering any other compart- from the filter media from interfering
ment of the airplane in which a hazard with proper fuel metering operation.
would be created by the entry of the
[Doc. No. 26344, 58 FR 18974, Apr. 9, 1993, as
hot gases;
(3) Constructed of materials suitable 1996]
to the environmental conditions ex-
pected in service, except in those areas § 23.1109 Turbocharger bleed air sys-
requiring fireproof or fire resistant ma- tem.
terials; and
The following applies to
(4) Constructed of materials that will
turbocharged bleed air systems used
not absorb or trap hazardous quantities
for cabin pressurization:
of flammable fluids that could be ig-
nited by a surge or reverse-flow condi- (a) The cabin air system may not be
tion. subject to hazardous contamination
(f) Induction system ducts that sup- following any probable failure of the
ply air to a cabin pressurization sys- turbocharger or its lubrication system.
tem must be suitably constructed of (b) The turbocharger supply air must
material that will not produce haz- be taken from a source where it cannot
ardous quantities of toxic gases or iso- be contaminated by harmful or haz-
lated to prevent hazardous quantities ardous gases or vapors following any
of toxic gases from entering the cabin probable failure or malfunction of the
during a powerplant fire. engine exhaust, hydraulic, fuel, or oil
system.
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
amended by Amdt. 23–7, 34 FR 13095, Aug. 13, [Amdt. 23–42, 56 FR 354, Jan. 3, 1991]
1969; Amdt. 23–43, 58 FR 18974, Apr. 9, 1993]
§ 23.1111 Turbine engine bleed air sys-
§ 23.1105 Induction system screens. tem.

If induction system screens are For turbine engine bleed air systems,
used— the following apply:
297
§ 23.1121 14 CFR Ch. I (1–1–17 Edition)
(a) No hazard may result if duct rup- blockage of the exhaust port after any
ture or failure occurs anywhere be- internal heat exchanger failure.
tween the engine port and the airplane (i) For the purpose of compliance
unit served by the bleed air. with § 23.603, the failure of any part of
(b) The effect on airplane and engine the exhaust system will be considered
performance of using maximum bleed to adversely affect safety.
air must be established.
(c) Hazardous contamination of cabin [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
air systems may not result from fail- amended by Amdt. 23–7, 34 FR 13095, Aug. 13,
ures of the engine lubricating system. 1969; Amdt. 23–18, 42 FR 15042, Mar. 17, 1977;
Amdt. 23–43, 58 FR 18974, Apr. 9, 1993; Amdt.
[Amdt. 23–7, 34 FR 13095, Aug. 13, 1969, as 23–51, 61 FR 5137, Feb. 9, 1996]
1976] § 23.1123 Exhaust system.
EXHAUST SYSTEM (a) Each exhaust system must be fire-
proof and corrosion-resistant, and must
§ 23.1121 General. have means to prevent failure due to
For powerplant and auxiliary power expansion by operating temperatures.
unit installations, the following (b) Each exhaust system must be sup-
apply— ported to withstand the vibration and
(a) Each exhaust system must ensure inertia loads to which it may be sub-
safe disposal of exhaust gases without jected in operation.
fire hazard or carbon monoxide con- (c) Parts of the system connected to
tamination in any personnel compart- components between which relative
ment. motion could exist must have means
(b) Each exhaust system part with a for flexibility.
surface hot enough to ignite flammable
fluids or vapors must be located or [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
shielded so that leakage from any sys- amended by Amdt. 23–43, 58 FR 18974, Apr. 9,
tem carrying flammable fluids or va- 1993]
pors will not result in a fire caused by
impingement of the fluids or vapors on § 23.1125 Exhaust heat exchangers.
any part of the exhaust system includ- For reciprocating engine powered air-
ing shields for the exhaust system. planes the following apply:
(c) Each exhaust system must be sep- (a) Each exhaust heat exchanger
arated by fireproof shields from adja- must be constructed and installed to
cent flammable parts of the airplane withstand the vibration, inertia, and
that are outside of the engine and aux- other loads that it may be subjected to
iliary power unit compartments. in normal operation. In addition—
(d) No exhaust gases may discharge
(1) Each exchanger must be suitable
dangerously near any fuel or oil system
for continued operation at high tem-
drain.
(e) No exhaust gases may be dis- peratures and resistant to corrosion
charged where they will cause a glare from exhaust gases;
seriously affecting pilot vision at (2) There must be means for inspec-
night. tion of critical parts of each exchanger;
(f) Each exhaust system component and
must be ventilated to prevent points of (3) Each exchanger must have cooling
excessively high temperature. provisions wherever it is subject to
(g) If significant traps exist, each contact with exhaust gases.
turbine engine and auxiliary power (b) Each heat exchanger used for
unit exhaust system must have drains heating ventilating air must be con-
discharging clear of the airplane, in structed so that exhaust gases may not
any normal ground and flight attitude, enter the ventilating air.
to prevent fuel accumulation after the
failure of an attempted engine or auxil- [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
iary power unit start. amended by Amdt. 23–17, 41 FR 55465, Dec. 20,
1976]
(h) Each exhaust heat exchanger
must incorporate means to prevent
298
POWERPLANT CONTROLS AND § 23.1143 Engine controls.

ACCESSORIES
(a) There must be a separate power or
§ 23.1141 Powerplant controls: Gen- thrust control for each engine and a
eral. separate control for each supercharger
that requires a control.
(a) Powerplant controls must be lo- (b) Power, thrust, and supercharger
cated and arranged under § 23.777 and controls must be arranged to allow—
marked under § 23.1555(a).
(1) Separate control of each engine
(b) Each flexible control must be and each supercharger; and
shown to be suitable for the particular
(2) Simultaneous control of all en-
application.
gines and all superchargers.
(c) Each control must be able to
(c) Each power, thrust, or super-
maintain any necessary position with-
charger control must give a positive
out—
and immediate responsive means of
(1) Constant attention by flight crew controlling its engine or supercharger.
members; or
(d) The power, thrust, or super-
(2) Tendency to creep due to control charger controls for each engine or su-
loads or vibration. percharger must be independent of
(d) Each control must be able to those for every other engine or super-
withstand operating loads without fail- charger.
ure or excessive deflection. (e) For each fluid injection (other
(e) For turbine engine powered air- than fuel) system and its controls not
planes, no single failure or malfunc- provided and approved as part of the
tion, or probable combination thereof, engine, the applicant must show that
in any powerplant control system may the flow of the injection fluid is ade-
cause the failure of any powerplant quately controlled.
function necessary for safety. (f) If a power, thrust, or a fuel con-
(f) The portion of each powerplant trol (other than a mixture control) in-
control located in the engine compart- corporates a fuel shutoff feature, the
ment that is required to be operated in control must have a means to prevent
the event of fire must be at least fire the inadvertent movement of the con-
resistant. trol into the off position. The means
(g) Powerplant valve controls located must—
in the cockpit must have— (1) Have a positive lock or stop at the
(1) For manual valves, positive stops idle position; and
or in the case of fuel valves suitable (2) Require a separate and distinct
index provisions, in the open and closed operation to place the control in the
position; and shutoff position.
(2) For power-assisted valves, a (g) For reciprocating single-engine
means to indicate to the flight crew airplanes, each power or thrust control
when the valve— must be designed so that if the control
(i) Is in the fully open or fully closed separates at the engine fuel metering
position; or device, the airplane is capable of con-
(ii) Is moving between the fully open tinued safe flight and landing.
and fully closed position.
[Amdt. 23–7, 34 FR 13095, Aug. 13, 1969, as
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as amended by Amdt. 23–17, 41 FR 55465, Dec. 20,
amended by Amdt. 23–7, 34 FR 13095, Aug. 13, 1976; Amdt. 23–29, 49 FR 6847, Feb. 23, 1984;
1969; Amdt. 23–14, 38 FR 31823, Nov. 19, 1973; Amdt. 23–43, 58 FR 18974, Apr. 9, 1993; Amdt.
Amdt. 23–18, 42 FR 15042, Mar. 17, 1977; Amdt. 23–51, 61 FR 5137, Feb. 9, 1996]
23–51, 61 FR 5137, Feb. 9, 1996]
§ 23.1145 Ignition switches.
§ 23.1142 Auxiliary power unit con-
trols. (a) Ignition switches must control
and shut off each ignition circuit on
Means must be provided on the flight each engine.
deck for the starting, stopping, moni-
(b) There must be means to quickly
toring, and emergency shutdown of

shut off all ignition on multiengine air-
each installed auxiliary power unit.
planes by the grouping of switches or
[Doc. No. 26344, 58 FR 18974, Apr. 9, 1993] by a master ignition control.
299
§ 23.1147 14 CFR Ch. I (1–1–17 Edition)
(c) Each group of ignition switches, control must have a means to prevent
except ignition switches for turbine en- inadvertent operation.
gines for which continuous ignition is [Doc. No. 27804, 61 FR 5138, Feb. 9, 1996]
not required, and each master ignition
control must have a means to prevent § 23.1155 Turbine engine reverse
its inadvertent operation. thrust and propeller pitch settings
below the flight regime.
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30
FR 258, Jan. 9, 1965, as amended by Amdt. 23– For turbine engine installations,
18, 42 FR 15042, Mar. 17, 1977; Amdt. 23–43, 58 each control for reverse thrust and for
FR 18974, Apr. 9, 1993] propeller pitch settings below the
flight regime must have means to pre-
§ 23.1147 Mixture controls. vent its inadvertent operation. The
(a) If there are mixture controls, means must have a positive lock or
each engine must have a separate con- stop at the flight idle position and
trol, and each mixture control must must require a separate and distinct
have guards or must be shaped or ar- operation by the crew to displace the
ranged to prevent confusion by feel control from the flight regime (forward
with other controls. thrust regime for turbojet powered air-
(1) The controls must be grouped and planes).
arranged to allow— [Amdt. 23–7, 34 FR 13096, Aug. 13, 1969]
(i) Separate control of each engine;
and § 23.1157 Carburetor air temperature
(ii) Simultaneous control of all en- controls.
gines. There must be a separate carburetor
(2) The controls must require a sepa- air temperature control for each en-
rate and distinct operation to move the gine.
control toward lean or shut-off posi-
tion. § 23.1163 Powerplant accessories.
(b) For reciprocating single-engine (a) Each engine mounted accessory
airplanes, each manual engine mixture must—
control must be designed so that, if the (1) Be approved for mounting on the
control separates at the engine fuel engine involved and use the provisions
metering device, the airplane is capa- on the engines for mounting; or
ble of continued safe flight and land- (2) Have torque limiting means on all
ing. accessory drives in order to prevent the
torque limits established for those
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
drives from being exceeded; and
1969; Amdt. 23–33, 51 FR 26657, July 24, 1986; (3) In addition to paragraphs (a)(1) or
Amdt. 23–43, 58 FR 18974, Apr. 9, 1993] (a)(2) of this section, be sealed to pre-
vent contamination of the engine oil
§ 23.1149 Propeller speed and pitch system and the accessory system.
controls. (b) Electrical equipment subject to
arcing or sparking must be installed to
(a) If there are propeller speed or
minimize the probability of contact
pitch controls, they must be grouped
with any flammable fluids or vapors
and arranged to allow—
that might be present in a free state.
(1) Separate control of each pro-
(c) Each generator rated at or more
peller; and
than 6 kilowatts must be designed and
(2) Simultaneous control of all pro- installed to minimize the probability
pellers. of a fire hazard in the event it malfunc-
(b) The controls must allow ready tions.
synchronization of all propellers on (d) If the continued rotation of any
multiengine airplanes. accessory remotely driven by the en-
gine is hazardous when malfunctioning
§ 23.1153 Propeller feathering controls. occurs, a means to prevent rotation
If there are propeller feathering con- without interfering with the continued
trols installed, it must be possible to operation of the engine must be pro-
feather each propeller separately. Each vided.
300
(e) Each accessory driven by a gear- nition system must be an essential

box that is not approved as part of the electrical load.
powerplant driving the gearbox must— [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
(1) Have torque limiting means to amended by Amdt. 23–17, 41 FR 55465 Dec. 20,
prevent the torque limits established 1976; Amdt. 23–34, 52 FR 1833, Jan. 15, 1987;
for the affected drive from being ex- Amdt. 23–62, 76 FR 75759, Dec. 2, 2011]
ceeded;
(2) Use the provisions on the gearbox
for mounting; and § 23.1181 Designated fire zones; re-
(3) Be sealed to prevent contamina- gions included.
tion of the gearbox oil system and the Designated fire zones are—
accessory system. (a) For reciprocating engines—
(1) The power section;
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
(2) The accessory section;
1973; Amdt. 23–29, 49 FR 6847, Feb. 23, 1984; (3) Any complete powerplant com-
Amdt. 23–34, 52 FR 1832, Jan. 15, 1987; Amdt. partment in which there is no isolation
23–42, 56 FR 354, Jan. 3, 1991] between the power section and the ac-
cessory section.
§ 23.1165 Engine ignition systems. (b) For turbine engines—
(1) The compressor and accessory sec-
(a) Each battery ignition system tions;
must be supplemented by a generator (2) The combustor, turbine and tail-
that is automatically available as an pipe sections that contain lines or com-
alternate source of electrical energy to ponents carrying flammable fluids or
allow continued engine operation if gases.
any battery becomes depleted. (3) Any complete powerplant com-
(b) The capacity of batteries and gen- partment in which there is no isolation
erators must be large enough to meet between compressor, accessory, com-
the simultaneous demands of the en- bustor, turbine, and tailpipe sections.
gine ignition system and the greatest (c) Any auxiliary power unit com-
demands of any electrical system compartment; and
ponents that draw from the same (d) Any fuel-burning heater, and
source. other combustion equipment installa-
(c) The design of the engine ignition tion described in § 23.859.
system must account for— [Doc. No. 26344, 58 FR 18975, Apr. 9, 1993, as
(1) The condition of an inoperative amended by Amdt. 23–51, 61 FR 5138, Feb. 9,
generator; 1996]
(2) The condition of a completely de- § 23.1182 Nacelle areas behind fire-
pleted battery with the generator run- walls.
ning at its normal operating speed; and Components, lines, and fittings, ex-
(3) The condition of a completely de- cept those subject to the provisions of
pleted battery with the generator oper- § 23.1351(e), located behind the engine-
ating at idling speed, if there is only compartment firewall must be con-
one battery. structed of such materials and located
(d) There must be means to warn ap- at such distances from the firewall
propriate crewmembers if malfunc- that they will not suffer damage suffi-
tioning of any part of the electrical cient to endanger the airplane if a por-
system is causing the continuous dis- tion of the engine side of the firewall is
charge of any battery used for engine subjected to a flame temperature of
ignition. not less than 2000 °F for 15 minutes.
(e) Each turbine engine ignition sys- [Amdt. 23–14, 38 FR 31816, Nov. 19, 1973]
tem must be independent of any elec-
trical circuit that is not used for as- § 23.1183 Lines, fittings, and compo-
sisting, controlling, or analyzing the nents.
operation of that system. (a) Except as provided in paragraph

(f) In addition, for commuter cat- (b) of this section, each component,
egory airplanes, each turbine engine ig- line, and fitting carrying flammable
301
§ 23.1189 14 CFR Ch. I (1–1–17 Edition)
fluids, gas, or air in any area subject to compartment after engine shutoff. For
engine fire conditions must be at least those installations where the flam-
fire resistant, except that flammable mable fluid that escapes after shut-
fluid tanks and supports which are part down cannot be limited to one quart, it
of and attached to the engine must be must be demonstrated that this greater
fireproof or be enclosed by a fireproof amount can be safely contained or
shield unless damage by fire to any drained overboard.
non-fireproof part will not cause leak- (6) There must be means to guard
age or spillage of flammable fluid. against inadvertent operation of each
Components must be shielded or lo- shutoff means, and to make it possible
cated so as to safeguard against the ig- for the crew to reopen the shutoff
nition of leaking flammable fluid. means in flight after it has been closed.
Flexible hose assemblies (hose and end (b) Turbine engine installations need
fittings) must be shown to be suitable not have an engine oil system shutoff
for the particular application. An inte- if—
gral oil sump of less than 25–quart ca- (1) The oil tank is integral with, or
pacity on a reciprocating engine need mounted on, the engine; and
not be fireproof nor be enclosed by a (2) All oil system components exter-
fireproof shield. nal to the engine are fireproof or lo-
(b) Paragraph (a) of this section does cated in areas not subject to engine
not apply to— fire conditions.
(1) Lines, fittings, and components (c) Power operated valves must have
which are already approved as part of a means to indicate to the flight crew
type certificated engine; and when the valve has reached the se-
(2) Vent and drain lines, and their fit- lected position and must be designed so
tings, whose failure will not result in, that the valve will not move from the
or add to, a fire hazard. selected position under vibration con-
ditions likely to exist at the valve lo-
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
amended by Amdt. 23–5, 32 FR 6912, May 5, cation.
1967; Amdt. 23–15, 39 FR 35460, Oct. 1, 1974; [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
Amdt. 23–29, 49 FR 6847, Feb. 23, 1984; Amdt. amended by Amdt. 23–7, 34 FR 13096, Aug. 13,
23–51, 61 FR 5138, Feb. 9, 1996] 1969; Amdt. 23–14, 38 FR 31823, Nov. 19, 1973;
Amdt. 23–29, 49 FR 6847, Feb. 23, 1984; Amdt.
§ 23.1189 Shutoff means. 23–43, 58 FR 18975, Apr. 9, 1993]
(a) For each multiengine airplane the
following apply: § 23.1191 Firewalls.
(1) Each engine installation must (a) Each engine, auxiliary power
have means to shut off or otherwise unit, fuel burning heater, and other
prevent hazardous quantities of fuel, combustion equipment, must be iso-
oil, deicing fluid, and other flammable lated from the rest of the airplane by
liquids from flowing into, within, or firewalls, shrouds, or equivalent
through any engine compartment, ex- means.
cept in lines, fittings, and components (b) Each firewall or shroud must be
forming an integral part of an engine. constructed so that no hazardous quan-
(2) The closing of the fuel shutoff tity of liquid, gas, or flame can pass
valve for any engine may not make any from the compartment created by the
fuel unavailable to the remaining en- firewall or shroud to other parts of the
gines that would be available to those airplane.
engines with that valve open. (c) Each opening in the firewall or
(3) Operation of any shutoff means shroud must be sealed with close fit-
may not interfere with the later emer- ting, fireproof grommets, bushings, or
gency operation of other equipment firewall fittings.
such as propeller feathering devices. (d) [Reserved]
(4) Each shutoff must be outside of (e) Each firewall and shroud must be
the engine compartment unless an fireproof and protected against corro-
equal degree of safety is provided with sion.
the shutoff inside the compartment. (f) Compliance with the criteria for
(5) Not more than one quart of flam- fireproof materials or components
mable fluid may escape into the engine must be shown as follows:
302
(1) The flame to which the materials (d) Each part behind an opening in
or components are subjected must be the engine compartment cowling must
2,000 ±150 °F. be at least fire resistant for a distance
(2) Sheet materials approximately 10 of at least 24 inches aft of the opening.
inches square must be subjected to the (e) Each part of the cowling subjected
flame from a suitable burner. to high temperatures due to its near-
(3) The flame must be large enough ness to exhaust sytem ports or exhaust
to maintain the required test tempera- gas impingement, must be fire proof.
ture over an area approximately five (f) Each nacelle of a multiengine air-
inches square. plane with supercharged engines must
(g) Firewall materials and fittings be designed and constructed so that
must resist flame penetration for at with the landing gear retracted, a fire
least 15 minutes. in the engine compartment will not
(h) The following materials may be
burn through a cowling or nacelle and
used in firewalls or shrouds without
enter a nacelle area other than the en-
being tested as required by this sec-
gine compartment.
tion:
(1) Stainless steel sheet, 0.015 inch (g) In addition, for all airplanes with
thick. engine(s) embedded in the fuselage or
(2) Mild steel sheet (coated with alu- in pylons on the aft fuselage, the air-
minum or otherwise protected against plane must be designed so that no fire
corrosion) 0.018 inch thick. originating in any engine compartment
(3) Terne plate, 0.018 inch thick. can enter, either through openings or
(4) Monel metal, 0.018 inch thick. by burn-through, any other region
(5) Steel or copper base alloy firewall where it would create additional haz-
fittings. ards.
(6) Titanium sheet, 0.016 inch thick. [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as FR 258, Jan. 9, 1965, as amended by Amdt. 23–
amended by Amdt. 23–43, 58 FR 18975, Apr. 9, 18, 42 FR 15042, Mar. 17, 1977; Amdt. 23–34, 52
1993; 58 FR 27060, May 6, 1993; Amdt. 23–51, 61 FR 1833, Jan. 15, 1987; 58 FR 18975, Apr. 9,
FR 5138, Feb. 9, 1996] 1993; Amdt. 23–62, 76 FR 75759, Dec. 2, 2011]
§ 23.1192 Engine accessory compart- § 23.1195 Fire extinguishing systems.

ment diaphragm.
(a) For all airplanes with engine(s)
For aircooled radial engines, the en- embedded in the fuselage or in pylons
gine power section and all portions of on the aft fuselage, fire extinguishing
the exhaust sytem must be isolated systems must be installed and compli-
from the engine accessory compart- ance shown with the following:
ment by a diaphragm that meets the (1) Except for combustor, turbine,
firewall requirements of § 23.1191. and tailpipe sections of turbine-engine
[Amdt. 23–14, 38 FR 31823, Nov. 19, 1973] installations that contain lines or com-
ponents carrying flammable fluids or
§ 23.1193 Cowling and nacelle. gases for which a fire originating in
(a) Each cowling must be constructed these sections is shown to be control-
and supported so that it can resist any lable, a fire extinguisher system must
vibration, inertia, and air loads to serve each engine compartment;
which it may be subjected in operation. (2) The fire extinguishing system, the
(b) There must be means for rapid quantity of the extinguishing agent,
and complete drainage of each part of the rate of discharge, and the discharge
the cowling in the normal ground and distribution must be adequate to extin-
flight attitudes. Drain operation may guish fires. An individual ‘‘one shot’’
be shown by test, analysis, or both, to system may be used, except for en-
ensure that under normal aerodynamic gine(s) embedded in the fuselage, where
pressure distribution expected in serv- a ‘‘two shot’’ system is required.
ice each drain will operate as designed. (3) The fire extinguishing system for
No drain may discharge where it will a nacelle must be able to simulta-
cause a fire hazard. neously protect each compartment of

(c) Cowling must be at least fire re- the nacelle for which protection is pro-
sistant. vided.
303
§ 23.1197 14 CFR Ch. I (1–1–17 Edition)
(b) If an auxiliary power unit is in- nection must be located so that dis-
stalled in any airplane certificated to charge of the fire extinguishing agent
this part, that auxiliary power unit would not damage the airplane. The
compartment must be served by a fire line must also be located or protected
extinguishing system meeting the re- to prevent clogging caused by ice or
quirements of paragraph (a)(2) of this other foreign matter.
section. (c) A means must be provided for
[Amdt. 23–34, 52 FR 1833, Jan. 15, 1987, as each fire extinguishing agent container
amended by Amdt. 23–43, 58 FR 18975, Apr. 9, to indicate that the container has dis-
1993; Amdt. 23–62, 76 FR 75759, Dec. 2, 2011] charged or that the charging pressure
is below the established minimum nec-
§ 23.1197 Fire extinguishing agents. essary for proper functioning.
For all airplanes with engine(s) em- (d) The temperature of each con-
bedded in the fuselage or in pylons on tainer must be maintained, under in-
the aft fuselage the following applies: tended operating conditions, to prevent
(1) Be capable of extinguishing the pressure in the container from—
flames emanating from any burning of (1) Falling below that necessary to
fluids or other combustible materials provide an adequate rate of discharge;
in the area protected by the fire extin- or
guishing system; and (2) Rising high enough to cause pre-
(2) Have thermal stability over the mature discharge.
temperature range likely to be experi- (e) If a pyrotechnic capsule is used to
enced in the compartment in which discharge the extinguishing agent,
they are stored. each container must be installed so
(b) If any toxic extinguishing agent is that temperature conditions will not
used, provisions must be made to pre- cause hazardous deterioration of the
vent harmful concentrations of fluid or pyrotechnic capsule.
fluid vapors (from leakage during nor-
mal operation of the airplane or as a [Amdt. 23–34, 52 FR 1833, Jan. 15, 1987; 52 FR
34745, Sept. 14, 1987; Amdt. 23–62, 76 FR 75760,
result of discharging the fire extin-
Dec. 2, 2011]
guisher on the ground or in flight) from
entering any personnel compartment, § 23.1201 Fire extinguishing systems
even though a defect may exist in the materials.
extinguishing system. This must be
For all airplanes with engine(s) em-
shown by test except for built-in car-
bedded in the fuselage or in pylons on
bon dioxide fuselage compartment fire
the aft fuselage the following applies:
extinguishing systems for which—
(1) Five pounds or less of carbon diox- (a) No material in any fire extin-
ide will be discharged, under estab- guishing system may react chemically
lished fire control procedures, into any with any extinguishing agent so as to
fuselage compartment; or create a hazard.
(2) Protective breathing equipment is (b) Each system component in an en-
available for each flight crewmember gine compartment must be fireproof.
on flight deck duty. [Amdt. 23–34, 52 FR 1833, Jan. 15, 1987; 52 FR
7262, Mar. 9, 1987; Amdt. 23–62, 76 FR 75760,
[Amdt. 23–34, 52 FR 1833, Jan. 15, 1987, as
Dec. 2, 2011]
2011]
§ 23.1203 Fire detector system.
§ 23.1199 Extinguishing agent con- (a) There must be means that ensure
tainers. the prompt detection of a fire in—
For all airplanes with engine(s) em- (1) An engine compartment of—
bedded in the fuselage or in pylons on (i) Multiengine turbine powered air-
the aft fuselage the following applies: planes;
(a) Each extinguishing agent con- (ii) Multiengine reciprocating engine
tainer must have a pressure relief to powered airplanes incorporating
prevent bursting of the container by turbochargers;
excessive internal pressures. (iii) Airplanes with engine(s) located

(b) The discharge end of each dis- where they are not readily visible from
charge line from a pressure relief con- the cockpit; and
304
(iv) All commuter category air- (e) A speed warning device for—
planes. (1) Turbine engine powered airplanes;
(2) The auxiliary power unit compart- and
ment of any airplane incorporating an (2) Other airplanes for which VMO/
auxiliary power unit. MMO and VD/MD are established under
(b) Each fire detector must be con- §§ 23.335(b)(4) and 23.1505(c) if VMO/MMO
structed and installed to withstand the is greater than 0.8 VD/MD.
vibration, inertia, and other loads to
The speed warning device must give
which it may be subjected in operation.
(c) No fire detector may be affected effective aural warning (differing dis-
by any oil, water, other fluids, or tinctively from aural warnings used for
fumes that might be present. other purposes) to the pilots whenever
(d) There must be means to allow the the speed exceeds VMO plus 6 knots or
crew to check, in flight, the func- MMO + 0.01. The upper limit of the pro-
tioning of each fire detector electric duction tolerance for the warning de-
circuit. vice may not exceed the prescribed
(e) Wiring and other components of warning speed. The lower limit of the
each fire detector system in a des- warning device must be set to mini-
ignated fire zone must be at least fire mize nuisance warning;
resistant. (f) When an attitude display is in-
[Amdt. 23–18, 42 FR 15042, Mar. 17, 1977, as stalled, the instrument design must
amended by Amdt. 23–34, 52 FR 1833, Jan. 15, not provide any means, accessible to
1987; Amdt. 23–43, 58 FR 18975, Apr. 9, 1993; the flightcrew, of adjusting the relative
Amdt. 23–51, 61 FR 5138, Feb. 9, 1996] positions of the attitude reference sym-
bol and the horizon line beyond that
Subpart F—Equipment necessary for parallax correction.
(g) In addition, for commuter cat-
GENERAL
egory airplanes:
§ 23.1301 Function and installation. (1) If airspeed limitations vary with
altitude, the airspeed indicator must
Each item of installed equipment
must— have a maximum allowable airspeed in-
(a) Be of a kind and design appro- dicator showing the variation of VMO
priate to its intended function. with altitude.
(b) Be labeled as to its identification, (2) The altimeter must be a sensitive
function, or operating limitations, or type.
any applicable combination of these (3) Having a passenger seating con-
factors; and figuration of 10 or more, excluding the
(c) Be installed according to limita- pilot’s seats and that are approved for
tions specified for that equipment. IFR operations, a third attitude instru-
[Amdt. 23–20, 42 FR 36968, July 18, 1977, as ment must be provided that:
amended by Amdt. 23–62, 76 FR 75760, Dec. 2, (i) Is powered from a source inde-
2011] pendent of the electrical generating
system;
§ 23.1303 Flight and navigation instru- (ii) Continues reliable operation for a
ments.
minimum of 30 minutes after total fail-
The following are the minimum re- ure of the electrical generating system;
quired flight and navigation instru- (iii) Operates independently of any
ments: other attitude indicating system;
(a) An airspeed indicator.
(b) An altimeter. (iv) Is operative without selection
(c) A magnetic direction indicator. after total failure of the electrical gen-
(d) For reciprocating engine-powered erating system;
airplanes of more than 6,000 pounds (v) Is located on the instrument
maximum weight and turbine engine panel in a position acceptable to the
powered airplanes, a free air tempera- Administrator that will make it plain-
ture indicator or an air-temperature ly visible to and usable by any pilot at

indicator which provides indications the pilot’s station; and
that are convertible to free-air.
305
§ 23.1305 14 CFR Ch. I (1–1–17 Edition)
(vi) Is appropriately lighted during inlet temperature or exhaust gas or

all phases of operation. turbocharger turbine inlet tempera-
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
ture, indicators must be furnished for
amended by Amdt. 23–17, 41 FR 55465, Dec. 20, each temperature for which the limita-
1976; Amdt. 23–43, 58 FR 18975, Apr. 9, 1993; tion is established unless it is shown
Amdt. 23–49, 61 FR 5168, Feb. 9, 1996; Amdt. that the limitation will not be exceed-
23–62, 76 FR 75760, Dec. 2, 2011] ed in all intended operations.
(ii) If its oil system is separate from
§ 23.1305 Powerplant instruments. the engine oil system, oil pressure and
The following are required power- oil temperature indicators must be pro-
plant instruments: vided.
(a) For all airplanes. (1) A fuel quan- (7) A coolant temperature indicator
tity indicator for each fuel tank, infor each liquid-cooled engine.
stalled in accordance with § 23.1337(b). (c) For turbine engine-powered air-
(2) An oil pressure indicator for each planes. In addition to the powerplant
engine. instruments required by paragraph (a)
(3) An oil temperature indicator for of this section, the following power-
each engine. plant instruments are required:
(4) An oil quantity measuring device (1) A gas temperature indicator for
for each oil tank which meets the re- each engine.
quirements of § 23.1337(d). (2) A fuel flowmeter indicator for
(5) A fire warning means for those each engine.
airplanes required to comply with (3) A fuel low pressure warning
§ 23.1203. means for each engine.
(b) For reciprocating engine-powered (4) A fuel low level warning means for
airplanes. In addition to the powerplant any fuel tank that should not be de-
instruments required by paragraph (a) pleted of fuel in normal operations.
of this section, the following power- (5) A tachometer indicator (to indi-
plant instruments are required: cate the speed of the rotors with estab-
(1) An induction system air tempera- lished limiting speeds) for each engine.
ture indicator for each engine equipped (6) An oil low pressure warning
with a preheater and having induction means for each engine.
air temperature limitations that can (7) An indicating means to indicate
be exceeded with preheat. the functioning of the powerplant ice
(2) A tachometer indicator for each protection system for each engine.
engine. (8) For each engine, an indicating
(3) A cylinder head temperature indi- means for the fuel strainer or filter re-
cator for— quired by § 23.997 to indicate the occur-
(i) Each air-cooled engine with cowl rence of contamination of the strainer
flaps; or filter before it reaches the capacity
(ii) [Reserved] established in accordance with
(iii) Each commuter category air- § 23.997(d).
plane. (9) For each engine, a warning means
(4) For each pump-fed engine, a for the oil strainer or filter required by
means: § 23.1019, if it has no bypass, to warn the
(i) That continuously indicates, to pilot of the occurrence of contamina-
the pilot, the fuel pressure or fuel flow; tion of the strainer or filter screen be-
or fore it reaches the capacity established
(ii) That continuously monitors the in accordance with § 23.1019(a)(5).
fuel system and warns the pilot of any (10) An indicating means to indicate
fuel flow trend that could lead to en- the functioning of any heater used to
gine failure. prevent ice clogging of fuel system
(5) A manifold pressure indicator for components.
each altitude engine and for each en- (d) For turbojet/turbofan engine-pow-
gine with a controllable propeller. ered airplanes. In addition to the power-
(6) For each turbocharger installa- plant instruments required by para-
tion: graphs (a) and (c) of this section, the

(i) If limitations are established for following powerplant instruments are
either carburetor (or manifold) air required:
306
(1) For each engine, an indicator to § 23.1307 Miscellaneous equipment.

indicate thrust or to indicate a param- The equipment necessary for an air-
eter that can be related to thrust, in- plane to operate at the maximum oper-
cluding a free air temperature indi- ating altitude and in the kinds of oper-
cator if needed for this purpose. ation and meteorological conditions
(2) For each engine, a position indi- for which certification is requested and
cating means to indicate to the flight is approved in accordance with § 23.1559
crew when the thrust reverser, if in- must be included in the type design.
stalled, is in the reverse thrust posi- [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30
tion. FR 258, Jan. 9, 1965, as amended by Amdt. 23–
(e) For turbopropeller-powered air- 23, 43 FR 50593, Oct. 30, 1978; Amdt. 23–43, 58
planes. In addition to the powerplant FR 18976, Apr. 9, 1993; Amdt. 23–49, 61 FR 5168,
instruments required by paragraphs (a) Feb. 9, 1996]
and (c) of this section, the following § 23.1308 High-intensity Radiated
powerplant instruments are required: Fields (HIRF) Protection.
(1) A torque indicator for each en- (a) Except as provided in paragraph
gine. (d) of this section, each electrical and
(2) A position indicating means to in- electronic system that performs a func-
dicate to the flight crew when the pro- tion whose failure would prevent the
peller blade angle is below the flight continued safe flight and landing of the
low pitch position, for each propeller, airplane must be designed and installed
unless it can be shown that such occur- so that—
rence is highly improbable. (1) The function is not adversely af-
fected during and after the time the
[Doc. No. 26344, 58 FR 18975, Apr. 9, 1993; 58
FR 27060, May 6, 1993; Amdt. 23–51, 61 FR 5138,
airplane is exposed to HIRF environ-
Feb. 9, 1996; Amdt. 23–52, 61 FR 13644, Mar. 27, ment I, as described in appendix J to
1996] this part;
(2) The system automatically recov-
§ 23.1306 Electrical and electronic sys- ers normal operation of that function,
tem lightning protection. in a timely manner, after the airplane
is exposed to HIRF environment I, as
(a) Each electrical and electronic
described in appendix J to this part,
system that performs a function, for unless the system’s recovery conflicts
which failure would prevent the contin- with other operational or functional
ued safe flight and landing of the air- requirements of the system; and
plane, must be designed and installed (3) The system is not adversely af-
so that— fected during and after the time the
(1) The function is not adversely af- airplane is exposed to HIRF environ-
fected during and after the time the ment II, as described in appendix J to
airplane is exposed to lightning; and this part.
(2) The system automatically recov- (b) Each electrical and electronic
ers normal operation of that function system that performs a function whose
in a timely manner after the airplane failure would significantly reduce the
is exposed to lightning. capability of the airplane or the ability
(b) For airplanes approved for instru- of the flightcrew to respond to an ad-
ment flight rules operation, each elec- verse operating condition must be de-
trical and electronic system that per- signed and installed so the system is
forms a function, for which failure not adversely affected when the equip-
would reduce the capability of the air- ment providing the function is exposed
plane or the ability of the flightcrew to to equipment HIRF test level 1 or 2, as
respond to an adverse operating condi- described in appendix J to this part.
(c) Each electrical and electronic sys-
tion, must be designed and installed so
tem that performs a function whose
that the function recovers normal op-
failure would reduce the capability of
eration in a timely manner after the
the airplane or the ability of the
airplane is exposed to lightning.

flightcrew to respond to an adverse op-
[Doc. No. FAA–2010–0224; 76 FR 33135, June 8, erating condition must be designed and
2011] installed so the system is not adversely
307
§ 23.1309 14 CFR Ch. I (1–1–17 Edition)
affected when the equipment providing and in relation to other systems, must
the function is exposed to equipment be designed and installed so that:
HIRF test level 3, as described in ap- (1) Each catastrophic failure condi-
pendix J to this part. tion is extremely improbable and does
(d) Before December 1, 2012, an elec- not result from a single failure;
trical or electronic system that per- (2) Each hazardous failure condition
forms a function whose failure would is extremely remote; and
prevent the continued safe flight and (3) Each major failure condition is re-
landing of an airplane may be designed mote.
and installed without meeting the pro- (d) Information concerning an unsafe
visions of paragraph (a) provided— system operating condition must be
(1) The system has previously been provided in a timely manner to the
shown to comply with special condi- crew to enable them to take appro-
tions for HIRF, prescribed under § 21.16, priate corrective action. An appro-
issued before December 1, 2007; priate alert must be provided if imme-
(2) The HIRF immunity characteris- diate pilot awareness and immediate or
tics of the system have not changed subsequent corrective action is re-
since compliance with the special con- quired. Systems and controls, includ-
ditions was demonstrated; and ing indications and annunciations,
(3) The data used to demonstrate must be designed to minimize crew er-
compliance with the special conditions rors which could create additional haz-
is provided. ards.
[Doc. No. FAA–2006–23657, 72 FR 44024, Aug. 6,
[Doc. No. FAA–2009–0738, 76 FR 75760, Dec. 2,
2007]
2011]
§ 23.1309 Equipment, systems, and in-
stallations. § 23.1310 Power source capacity and
distribution.
The requirements of this section, ex-
cept as identified in paragraphs (a) (a) Each installation whose func-
through (d), are applicable, in addition tioning is required for type certifi-
to specific design requirements of part cation or under operating rules and
23, to any equipment or system as in- that requires a power supply is an ‘‘es-
stalled in the airplane. This section is sential load’’ on the power supply. The
a regulation of general requirements power sources and the system must be
and does not supersede any require- able to supply the following power
ments contained in another section of loads in probable operating combina-
part 23. tions and for probable durations:
(a) The airplane equipment and sys- (1) Loads connected to the system
tems must be designed and installed so with the system functioning normally.
that: (2) Essential loads, after failure of
(1) Those required for type certifi- any one prime mover, power converter,
cation or by operating rules perform as or energy storage device.
intended under the airplane operating (3) Essential loads after failure of—
and environmental conditions, includ- (i) Any one engine on two-engine air-
ing the indirect effects of lightning planes; and
strikes. (ii) Any two engines on airplanes
(2) Any equipment and system does with three or more engines.
not adversely affect the safety of the (4) Essential loads for which an alter-
airplane or its occupants, or the proper nate source of power is required, after
functioning of those covered by para- any failure or malfunction in any one
graph (a)(1) of this section. power supply system, distribution sys-
(b) Minor, major, hazardous, or cata- tem, or other utilization system.
strophic failure condition(s), which (b) In determining compliance with
occur during Type Inspection Author- paragraphs (a)(2) and (3) of this section,
ization or FAA flight-certification the power loads may be assumed to be
testing, must have root cause analysis reduced under a monitoring procedure
and corrective action. consistent with safety in the kinds of

(c) The airplane systems and associ- operation authorized. Loads not re-
ated components considered separately quired in controlled flight need not be
308
considered for the two-engine-inoper- (7) Incorporate equivalent visual dis-

ative condition on airplanes with three plays of the instrument markings re-
or more engines. quired by §§ 23.1541 through 23.1553, or
[Doc. No. FAA–2009–0738, 76 FR 75760, Dec. 2, visual displays that alert the pilot to
2011] abnormal operational values or ap-
proaches to established limitation val-
INSTRUMENTS: INSTALLATION ues, for each parameter required to be
displayed by this part.
§ 23.1311 Electronic display instru- (b) The electronic display indicators,
ment systems.
including their systems and installa-
(a) Electronic display indicators, in- tions, and considering other airplane
cluding those with features that make systems, must be designed so that one
isolation and independence between display of information essential for
powerplant instrument systems im- continued safe flight and landing will
practical, must: be available within one second to the
(1) Meet the arrangement and visi- crew by a single pilot action or by
bility requirements of § 23.1321. automatic means for continued safe op-
(2) Be easily legible under all lighting eration, after any single failure or
conditions encountered in the cockpit,
probable combination of failures.
including direct sunlight, considering
(c) As used in this section, ‘‘instru-
the expected electronic display bright-
ness level at the end of an electronic ment’’ includes devices that are phys-
display indictor’s useful life. Specific ically contained in one unit, and de-
limitations on display system useful vices that are composed of two or more
life must be contained in the Instruc- physically separate units or compo-
tions for Continued Airworthiness re- nents connected together (such as a re-
quired by § 23.1529. mote indicating gyroscopic direction
(3) Not inhibit the primary display of indicator that includes a magnetic
attitude, airspeed, altitude, or power- sensing element, a gyroscopic unit, an
plant parameters needed by any pilot amplifier, and an indicator connected
to set power within established limita- together). As used in this section,
tions, in any normal mode of oper- ‘‘primary’’ display refers to the display
ation. of a parameter that is located in the
(4) Not inhibit the primary display of instrument panel such that the pilot
engine parameters needed by any pilot looks at it first when wanting to view
to properly set or monitor powerplant that parameter.
limitations during the engine starting [Doc. No. 27806, 61 FR 5168, Feb. 9, 1996, as
mode of operation. amended by Amdt. 23–62, 76 FR 75760, Dec. 2,
(5) For certification for Instrument 2011]
Flight Rules (IFR) operations, have an
independent magnetic direction indi- § 23.1321 Arrangement and visibility.
cator and either an independent sec-
ondary mechanical altimeter, airspeed (a) Each flight, navigation, and pow-
indicator, and attitude instrument or erplant instrument for use by any re-
an electronic display parameters for quired pilot during takeoff, initial
the altitude, airspeed, and attitude climb, final approach, and landing
that are independent from the air- must be located so that any pilot seat-
plane’s primary electrical power sys- ed at the controls can monitor the air-
tem. These secondary instruments may plane’s flight path and these instru-
be installed in panel positions that are ments with minimum head and eye
displaced from the primary positions movement. The powerplant instru-
specified by § 23.1321(d), but must be lo- ments for these flight conditions are
cated where they meet the pilot’s visi- those needed to set power within pow-
bility requirements of § 23.1321(a). erplant limitations.
(6) Incorporate sensory cues that pro- (b) For each multiengine airplane,
vide a quick glance sense of rate and, identical powerplant instruments must
where appropriate, trend information be located so as to prevent confusion as

to the parameter being displayed to the to which engine each instrument re-
pilot. lates.
309
§ 23.1322 14 CFR Ch. I (1–1–17 Edition)
(c) Instrument panel vibration may (d) Any other color, including white,
not damage, or impair the accuracy of, for lights not described in paragraphs
any instrument. (a) through (c) of this section, provided
(d) For each airplane, the flight in- the color differs sufficiently from the
struments required by § 23.1303, and, as colors prescribed in paragraphs (a)
applicable, by the operating rules of through (c) of this section to avoid pos-
this chapter, must be grouped on the sible confusion.
instrument panel and centered as near- (e) Effective under all probable cock-
ly as practicable about the vertical pit lighting conditions.
plane of each required pilot’s forward
vision. In addition: [Amdt. 23–17, 41 FR 55465, Dec. 20, 1976, as
(1) The instrument that most effec- amended by Amdt. 23–43, 58 FR 18976, Apr. 9,
1993]
tively indicates the attitude must be
on the panel in the top center position; § 23.1323 Airspeed indicating system.
(2) The instrument that most effec-
tively indicates airspeed must be adja- (a) Each airspeed indicating instru-
cent to and directly to the left of the ment must be calibrated to indicate
instrument in the top center position; true airspeed (at sea level with a stand-
(3) The instrument that most effec- ard atmosphere) with a minimum prac-
tively indicates altitude must be adja- ticable instrument calibration error
cent to and directly to the right of the when the corresponding pitot and stat-
instrument in the top center position; ic pressures are applied.
(4) The instrument that most effec- (b) Each airspeed system must be
tively indicates direction of flight, calibrated in flight to determine the
other than the magnetic direction indi- system error. The system error, includ-
cator required by § 23.1303(c), must be ing position error, but excluding the
adjacent to and directly below the in- airspeed indicator instrument calibra-
strument in the top center position; tion error, may not exceed three per-
and cent of the calibrated airspeed or five
(5) Electronic display indicators may knots, whichever is greater, through-
be used for compliance with paragraphs out the following speed ranges:
(d)(1) through (d)(4) of this section (1) 1.3 VS1 to VMO/MMO or VNE, which-
when such displays comply with re- ever is appropriate with flaps re-
quirements in § 23.1311. tracted.
(e) If a visual indicator is provided to (2) 1.3 VS1 to VFE with flaps extended.
indicate malfunction of an instrument, (c) The design and installation of
it must be effective under all probable
each airspeed indicating system must
cockpit lighting conditions.
provide positive drainage of moisture
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as from the pitot static plumbing.
amended by Amdt. 23–14, 38 FR 31824, Nov. 19, (d) If certification for instrument
1973; Amdt. 23–20, 42 FR 36968, July 18, 1977; flight rules or flight in icing conditions
Amdt. 23–41, 55 FR 43310, Oct. 26, 1990; 55 FR
46888, Nov. 7, 1990; Amdt. 23–49, 61 FR 5168,
is requested, each airspeed system
Feb. 9, 1996] must have a heated pitot tube or an
equivalent means of preventing mal-
§ 23.1322 Warning, caution, and advi- function due to icing.
sory lights. (e) In addition, for normal, utility,
If warning, caution, or advisory and acrobatic category multiengine
lights are installed in the cockpit, they jets of more than 6,000 pounds max-
must, unless otherwise approved by the imum weight and commuter category
Administrator, be— airplanes, each system must be cali-
(a) Red, for warning lights (lights in- brated to determine the system error
dicating a hazard which may require during the accelerate-takeoff ground
immediate corrective action); run. The ground run calibration must
(b) Amber, for caution lights (lights be determined—
indicating the possible need for future (1) From 0.8 of the minimum value of
corrective action); V1 to the maximum value of V2, consid-

(c) Green, for safe operation lights; ering the approved ranges of altitude
and and weight; and
310
(2) The ground run calibration must imum cabin pressure differential for
be determined assuming an engine fail- which the airplane is type certificated
ure at the minimum value of V1. is achieved. Without additional pump-
(f) For commuter category airplanes, ing for a period of 1 minute, the loss of
where duplicate airspeed indicators are indicated altitude must not exceed 2
required, their respective pitot tubes percent of the equivalent altitude of
must be far enough apart to avoid dam- the maximum cabin differential pres-
age to both tubes in a collision with a sure or 100 feet, whichever is greater.
bird. (3) If a static pressure system is pro-
vided for any instrument, device, or
[Amdt. 23–20, 42 FR 36968, July 18, 1977, as
amended by Amdt. 23–34, 52 FR 1834, Jan. 15, system required by the operating rules
1987; 52 FR 34745, Sept. 14, 1987; Amdt. 23–42, of this chapter, each static pressure
56 FR 354, Jan. 3, 1991; Amdt. 23–49, 61 FR port must be designed or located in
5168, Feb. 9, 1996; Amdt. 23–62, 76 FR 75761, such a manner that the correlation be-
Dec. 2, 2011] tween air pressure in the static pres-
sure system and true ambient atmos-
§ 23.1325 Static pressure system. pheric static pressure is not altered
(a) Each instrument provided with when the airplane encounters icing
static pressure case connections must conditions. An antiicing means or an
be so vented that the influence of air- alternate source of static pressure may
plane speed, the opening and closing of be used in showing compliance with
windows, airflow variations, moisture, this requirement. If the reading of the
or other foreign matter will least af- altimeter, when on the alternate static
fect the accuracy of the instruments pressure system differs from the read-
except as noted in paragraph (b)(3) of ing of the altimeter when on the pri-
this section. mary static system by more than 50
(b) If a static pressure system is nec- feet, a correction card must be pro-
essary for the functioning of instru- vided for the alternate static system.
ments, systems, or devices, it must (c) Except as provided in paragraph
comply with the provisions of para- (d) of this section, if the static pressure
graphs (b)(1) through (3) of this section. system incorporates both a primary
(1) The design and installation of a and an alternate static pressure source,
static pressure system must be such the means for selecting one or the
that— other source must be designed so
(i) Positive drainage of moisture is that—
provided; (1) When either source is selected, the
(ii) Chafing of the tubing, and exces- other is blocked off; and
sive distortion or restriction at bends (2) Both sources cannot be blocked
in the tubing, is avoided; and off simultaneously.
(iii) The materials used are durable, (d) For unpressurized airplanes, para-
suitable for the purpose intended, and graph (c)(1) of this section does not
protected against corrosion. apply if it can be demonstrated that
(2) A proof test must be conducted to the static pressure system calibration,
demonstrate the integrity of the static when either static pressure source is
pressure system in the following man- selected, is not changed by the other
ner: static pressure source being open or
(i) Unpressurized airplanes. Evacuate blocked.
the static pressure system to a pres- (e) Each static pressure system must
sure differential of approximately 1 be calibrated in flight to determine the
inch of mercury or to a reading on the system error. The system error, in in-
altimeter, 1,000 feet above the aircraft dicated pressure altitude, at sea-level,
elevation at the time of the test. With- with a standard atmosphere, excluding
out additional pumping for a period of instrument calibration error, may not
1 minute, the loss of indicated altitude exceed ±30 feet per 100 knot speed for
must not exceed 100 feet on the altim- the appropriate configuration in the
eter. speed range between 1.3 VS0 with flaps
(ii) Pressurized airplanes. Evacuate extended, and 1.8 VS1 with flaps re-
the static pressure system until a pres- tracted. However, the error need not be
sure differential equivalent to the max- less than 30 feet.
311
§ 23.1326 14 CFR Ch. I (1–1–17 Edition)
(f) [Reserved] ations of a magnetic nonstabilized di-

(g) For airplanes prohibited from rection indicator of more than 10 de-
flight in instrument meteorological or grees must be placarded in accordance
icing conditions, in accordance with with § 23.1547(e).
§ 23.1559(b) of this part, paragraph (b)(3) [Amdt. 23–20, 42 FR 36969, July 18, 1977]
of this section does not apply.
[Amdt. 23–1, 30 FR 8261, June 29, 1965, as § 23.1329 Automatic pilot system.
amended by Amdt. 23–6, 32 FR 7586, May 24, If an automatic pilot system is in-
1967; 32 FR 13505, Sept. 27, 1967; 32 FR 13714, stalled, it must meet the following:
Sept. 30, 1967; Amdt. 23–20, 42 FR 36968, July (a) Each system must be designed so
18, 1977; Amdt. 23–34, 52 FR 1834, Jan. 15, 1987;
Amdt. 23–42, 56 FR 354, Jan. 3, 1991; Amdt. 23–
that the automatic pilot can—
49, 61 FR 5169, Feb. 9, 1996; Amdt. 23–50, 61 FR (1) Be quickly and positively dis-
5192, Feb. 9, 1996] engaged by the pilots to prevent it
from interfering with their control of
§ 23.1326 Pitot heat indication systems. the airplane; or
If a flight instrument pitot heating (2) Be sufficiently overpowered by
system is installed to meet the require- one pilot to let him control the air-
ments specified in § 23.1323(d), an indi- plane.
cation system must be provided to in- (b) If the provisions of paragraph
dicate to the flight crew when that (a)(1) of this section are applied, the
pitot heating system is not operating. quick release (emergency) control
The indication system must comply must be located on the control wheel
with the following requirements: (both control wheels if the airplane can
(a) The indication provided must in- be operated from either pilot seat) on
corporate an amber light that is in the side opposite the throttles, or on
clear view of a flightcrew member. the stick control, (both stick controls,
(b) The indication provided must be if the airplane can be operated from ei-
designed to alert the flight crew if either pilot seat) such that it can be op-
erated without moving the hand from
ther of the following conditions exist:
(1) The pitot heating system is its normal position on the control.
(c) Unless there is automatic syn-
switched ‘‘off.’’
chronization, each system must have a
(2) The pitot heating system is
means to readily indicate to the pilot
switched ‘‘on’’ and any pitot tube heat-
the alignment of the actuating device
ing element is inoperative.
in relation to the control system it op-
[Doc. No. 27806, 61 FR 5169, Feb. 9, 1996] erates.
(d) Each manually operated control
§ 23.1327 Magnetic direction indicator. for the system operation must be read-
(a) Except as provided in paragraph ily accessible to the pilot. Each control
(b) of this section— must operate in the same plane and
(1) Each magnetic direction indicator sense of motion as specified in § 23.779
must be installed so that its accuracy for cockpit controls. The direction of
is not excessively affected by the air- motion must be plainly indicated on or
plane’s vibration or magnetic fields; near each control.
and (e) Each system must be designed and
(2) The compensated installation may adjusted so that, within the range of
not have a deviation in level flight, adjustment available to the pilot, it
greater than ten degrees on any head- cannot produce hazardous loads on the
ing. airplane or create hazardous deviations
(b) A magnetic nonstabilized direc- in the flight path, under any flight con-
tion indicator may deviate more than dition appropriate to its use, either
ten degrees due to the operation of during normal operation or in the
electrically powered systems such as event of a malfunction, assuming that
electrically heated windshields if ei- corrective action begins within a rea-
ther a magnetic stabilized direction in- sonable period of time.
dicator, which does not have a devi- (f) Each system must be designed so
ation in level flight greater than ten that a single malfunction will not
degrees on any heading, or a gyroscopic produce a hardover signal in more than
direction indicator, is installed. Devi- one control axis. If the automatic pilot
312
integrates signals from auxiliary con- automatic means to select each power
trols or furnishes signals for operation source; or
of other equipment, positive interlocks (2) A separate display of parameters
and sequencing of engagement to pre- for heading, altitude, airspeed, and at-
vent improper operation are required. titude that has a power source inde-
(g) There must be protection against pendent from the airplane’s primary
adverse interaction of integrated com- electrical power system.
ponents, resulting from a malfunction. [Doc. No. 26344, 58 FR 18976, Apr. 9, 1993, as
(h) If the automatic pilot system can amended by Amdt. 23–62, 76 FR 75761, Dec. 2,
be coupled to airborne navigation 2011]
equipment, means must be provided to
indicate to the flight crew the current § 23.1335 Flight director systems.
mode of operation. Selector switch po- If a flight director system is in-
sition is not acceptable as a means of stalled, means must be provided to in-
indication. dicate to the flight crew its current
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30 mode of operation. Selector switch po-
FR 258, Jan. 9, 1965, as amended by Amdt. 23– sition is not acceptable as a means of
23, 43 FR 50593, Oct. 30, 1978; Amdt. 23–43, 58 indication.
FR 18976, Apr. 9, 1993; Amdt. 23–49, 61 FR 5169,
[Amdt. 23–20, 42 FR 36969, July 18, 1977]
Feb. 9, 1996]
§ 23.1337 Powerplant instruments in-
§ 23.1331 Instruments using a power stallation.
source.
(a) Instruments and instrument lines.
For each instrument that uses a
(1) Each powerplant and auxiliary
power source, the following apply:
power unit instrument line must meet
(a) Each instrument must have an in- the requirements of § 23.993.
tegral visual power annunciator or sep- (2) Each line carrying flammable
arate power indicator to indicate when fluids under pressure must—
power is not adequate to sustain proper (i) Have restricting orifices or other
instrument performance. If a separate safety devices at the source of pressure
indicator is used, it must be located so to prevent the escape of excessive fluid
that the pilot using the instruments if the line fails; and
can monitor the indicator with min- (ii) Be installed and located so that
imum head and eye movement. The the escape of fluids would not create a
power must be sensed at or near the hazard.
point where it enters the instrument. (3) Each powerplant and auxiliary
For electric and vacuum/pressure in- power unit instrument that utilizes
struments, the power is considered to flammable fluids must be installed and
be adequate when the voltage or the located so that the escape of fluid
vacuum/pressure, respectively, is with- would not create a hazard.
in approved limits. (b) Fuel quantity indication. There
(b) The installation and power supply must be a means to indicate to the
systems must be designed so that— flightcrew members the quantity of us-
(1) The failure of one instrument will able fuel in each tank during flight. An
not interfere with the proper supply of indicator calibrated in appropriate
energy to the remaining instrument; units and clearly marked to indicate
and those units must be used. In addition:
(2) The failure of the energy supply (1) Each fuel quantity indicator must
from one source will not interfere with be calibrated to read ‘‘zero’’ during
the proper supply of energy from any level flight when the quantity of fuel
other source. remaining in the tank is equal to the
(c) For certification for Instrument unusable fuel supply determined under
Flight Rules (IFR) operations and for § 23.959(a);
the heading, altitude, airspeed, and at- (2) Each exposed sight gauge used as
titude, there must be at least: a fuel quantity indicator must be pro-
(1) Two independent sources of power tected against damage;

(not driven by the same engine on mul- (3) Each sight gauge that forms a
tiengine airplanes), and a manual or an trap in which water can collect and
313
§ 23.1351 14 CFR Ch. I (1–1–17 Edition)
freeze must have means to allow drain- ments that account for the electrical
age on the ground; loads applied to the electrical system
(4) There must be a means to indicate in probable combinations and for prob-
the amount of usable fuel in each tank able durations; and
when the airplane is on the ground (ii) For commuter category air-
(such as by a stick gauge); planes, by an electrical load analysis
(5) Tanks with interconnected outlets that accounts for the electrical loads
and airspaces may be considered as one applied to the electrical system in
tank and need not have separate indi- probable combinations and for probable
cators; and durations.
(6) No fuel quantity indicator is re- (b) Function. For each electrical sys-
quired for an auxiliary tank that is tem, the following apply:
used only to transfer fuel to other (1) Each system, when installed,
tanks if the relative size of the tank, must be—
the rate of fuel transfer, and operating (i) Free from hazards in itself, in its
instructions are adequate to— method of operation, and in its effects
(i) Guard against overflow; and on other parts of the airplane;
(ii) Give the flight crewmembers (ii) Protected from fuel, oil, water,
prompt warning if transfer is not pro- other detrimental substances, and me-
ceeding as planned. chanical damage; and
(c) Fuel flowmeter system. If a fuel (iii) So designed that the risk of elec-
flowmeter system is installed, each trical shock to crew, passengers, and
metering component must have a ground personnel is reduced to a min-
means to by-pass the fuel supply if imum.
malfunctioning of that component se- (2) Electric power sources must func-
verely restricts fuel flow. tion properly when connected in com-
(d) Oil quantity indicator. There must bination or independently.
be a means to indicate the quantity of (3) No failure or malfunction of any
oil in each tank— electric power source may impair the
(1) On the ground (such as by a stick ability of any remaining source to sup-
gauge); and ply load circuits essential for safe oper-
(2) In flight, to the flight crew mem- ation.
bers, if there is an oil transfer system
(4) In addition, for commuter cat-
or a reserve oil supply system.
egory airplanes, the following apply:
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as (i) Each system must be designed so
amended by Amdt. 23–7, 34 FR 13096, Aug. 13, that essential load circuits can be sup-
1969; Amdt. 23–18, 42 FR 15042, Mar. 17, 1977; plied in the event of reasonably prob-
Amdt. 23–43, 58 FR 18976, Apr. 9, 1993; Amdt.
able faults or open circuits including
23–51, 61 FR 5138, Feb. 9, 1996; Amdt. 23–49, 61
FR 5169, Feb. 9, 1996] faults in heavy current carrying cables;
(ii) A means must be accessible in
ELECTRICAL SYSTEMS AND EQUIPMENT flight to the flight crewmembers for
the individual and collective dis-
§ 23.1351 General. connection of the electrical power
(a) Electrical system capacity. Each sources from the system;
electrical system must be adequate for (iii) The system must be designed so
the intended use. In addition— that voltage and frequency, if applica-
(1) Electric power sources, their ble, at the terminals of all essential
transmission cables, and their associ- load equipment can be maintained
ated control and protective devices, within the limits for which the equip-
must be able to furnish the required ment is designed during any probable
power at the proper voltage to each operating conditions;
load circuit essential for safe oper- (iv) If two independent sources of
ation; and electrical power for particular equip-
(2) Compliance with paragraph (a)(1) ment or systems are required, their
of this section must be shown as fol- electrical energy supply must be en-
lows— sured by means such as duplicate elec-
(i) For normal, utility, and acrobatic trical equipment, throwover switching,
category airplanes, by an electrical or multichannel or loop circuits sepa-
load analysis or by electrical measure- rately routed; and
314
(v) For the purpose of complying lesser temperature substantiated by

with paragraph (b)(5) of this section, the applicant, the equipment essential
the distribution system includes the to continued safe operation and located
distribution busses, their associated behind the firewall will function satis-
feeders, and each control and protec- factorily and will not create an addi-
tive device. tional fire hazard.
(c) Generating system. There must be (f) External power. If provisions are
at least one generator/alternator if the made for connecting external power to
electrical system supplies power to the airplane, and that external power
load circuits essential for safe oper- can be electrically connected to equip-
ation. In addition— ment other than that used for engine
(1) Each generator/alternator must be starting, means must be provided to
able to deliver its continuous rated ensure that no external power supply
power, or such power as is limited by having a reverse polarity, or a reverse
its regulation system. phase sequence, can supply power to
(2) Generator/alternator voltage con- the airplane’s electrical system. The
trol equipment must be able to depend- external power connection must be lo-
ably regulate the generator/alternator cated so that its use will not result in
output within rated limits. a hazard to the airplane or ground per-
(3) Automatic means must be pro- sonnel.
vided to prevent damage to any gener-
(g) It must be shown by analysis,
ator/alternator and adverse effects on
tests, or both, that the airplane can be
the airplane electrical system due to
operated safely in VFR conditions, for
reverse current. A means must also be
a period of not less than five minutes,
provided to disconnect each generator/
with the normal electrical power (elec-
alternator from the battery and other
trical power sources excluding the bat-
generators/alternators.
tery and any other standby electrical
(4) There must be a means to give im-
sources) inoperative, with critical type
mediate warning to the flight crew of a
fuel (from the standpoint of flameout
failure of any generator/alternator.
(5) Each generator/alternator must and restart capability), and with the
have an overvoltage control designed airplane initially at the maximum cer-
and installed to prevent damage to the tificated altitude. Parts of the elec-
electrical system, or to equipment sup- trical system may remain on if—
plied by the electrical system that (1) A single malfunction, including a
could result if that generator/alter- wire bundle or junction box fire, can-
nator were to develop an overvoltage not result in loss of the part turned off
condition. and the part turned on; and
(d) Instruments. A means must exist (2) The parts turned on are elec-
to indicate to appropriate flight crew- trically and mechanically isolated
members the electric power system from the parts turned off.
quantities essential for safe operation. [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
(1) For normal, utility, and acrobatic amended by Amdt. 23–7, 34 FR 13096, Aug. 13,
category airplanes with direct current 1969; Amdt. 23–14, 38 FR 31824, Nov. 19, 1973;
systems, an ammeter that can be Amdt. 23–17, 41 FR 55465, Dec. 20, 1976; Amdt.
switched into each generator feeder 23–20, 42 FR 36969, July 18, 1977; Amdt. 23–34,
may be used and, if only one generator 52 FR 1834, Jan. 15, 1987; 52 FR 34745, Sept. 14,
exists, the ammeter may be in the bat- 1987; Amdt. 23–43, 58 FR 18976, Apr. 9, 1993;
tery feeder. Amdt. 23–49, 61 FR 5169, Feb. 9, 1996]
(2) For commuter category airplanes,
§ 23.1353 Storage battery design and
the essential electric power system installation.
quantities include the voltage and cur-
rent supplied by each generator. (a) Each storage battery must be de-
(e) Fire resistance. Electrical equip- signed and installed as prescribed in
ment must be so designed and installed this section.
that in the event of a fire in the engine (b) Safe cell temperatures and pres-
compartment, during which the surface sures must be maintained during any
of the firewall adjacent to the fire is probable charging and discharging con-
heated to 2,000 °F for 5 minutes or to a dition. No uncontrolled increase in cell
315
§ 23.1357 14 CFR Ch. I (1–1–17 Edition)
temperature may result when the bat- (i) At least 30 minutes for airplanes
tery is recharged (after previous com- that are certificated with a maximum
plete discharge)— altitude of 25,000 feet or less; and
(1) At maximum regulated voltage or (ii) At least 60 minutes for airplanes
power; that are certificated with a maximum
(2) During a flight of maximum dura- altitude over 25,000 feet.
tion; and (2) The time period includes the time
(3) Under the most adverse cooling to recognize the loss of generated
condition likely to occur in service. power and to take appropriate load
(c) Compliance with paragraph (b) of
shedding action.
this section must be shown by tests un-
less experience with similar batteries [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30
and installations has shown that main- FR 258, Jan. 9, 1965, as amended by Amdt. 23–
taining safe cell temperatures and 20, 42 FR 36969, July 18, 1977; Amdt. 23–21, 43
pressures presents no problem. FR 2319, Jan. 16, 1978; Amdt. 23–49, 61 FR 5169,
(d) No explosive or toxic gases emit- Feb. 9, 1996; Amdt. 23–62, 76 FR 75761, Dec. 2,
ted by any battery in normal oper- 2011]
ation, or as the result of any probable
§ 23.1357 Circuit protective devices.
malfunction in the charging system or
battery installation, may accumulate (a) Protective devices, such as fuses
in hazardous quantities within the air- or circuit breakers, must be installed
plane. in all electrical circuits other than—
(e) No corrosive fluids or gases that (1) Main circuits of starter motors
may escape from the battery may dam- used during starting only; and
age surrounding structures or adjacent (2) Circuits in which no hazard is pre-
essential equipment. sented by their omission.
(f) Each nickel cadmium battery in- (b) A protective device for a circuit
stallation capable of being used to
essential to flight safety may not be
start an engine or auxiliary power unit
used to protect any other circuit.
must have provisions to prevent any
hazardous effect on structure or essen- (c) Each resettable circuit protective
tial systems that may be caused by the device (‘‘trip free’’ device in which the
maximum amount of heat the battery tripping mechanism cannot be over-
can generate during a short circuit of ridden by the operating control) must
the battery or of its individual cells. be designed so that—
(g) Nickel cadmium battery installa- (1) A manual operation is required to
tions capable of being used to start an restore service after tripping; and
engine or auxiliary power unit must (2) If an overload or circuit fault ex-
have— ists, the device will open the circuit re-
(1) A system to control the charging gardless of the position of the oper-
rate of the battery automatically so as ating control.
to prevent battery overheating; (d) If the ability to reset a circuit
(2) A battery temperature sensing breaker or replace a fuse is essential to
and over-temperature warning system safety in flight, that circuit breaker or
with a means for disconnecting the fuse must be so located and identified
battery from its charging source in the that it can be readily reset or replaced
event of an over-temperature condi- in flight.
tion; or (e) For fuses identified as replaceable
(3) A battery failure sensing and in flight—
warning system with a means for dis-
(1) There must be one spare of each
connecting the battery from its charg-
rating or 50 percent spare fuses of each
ing source in the event of battery fail-
ure. rating, whichever is greater; and
(h)(1) In the event of a complete loss (2) The spare fuse(s) must be readily
of the primary electrical power gener- accessible to any required pilot.
ating system, the battery must be ca-
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30

pable of providing electrical power to FR 258, Jan. 9, 1965, as amended by Amdt. 23–
those loads that are essential to con- 20, 42 FR 36969, July 18, 1977; Amdt. 23–43, 58
tinued safe flight and landing for: FR 18976, Apr. 9, 1993
316
§ 23.1359 Electrical system fire protec- (c) The master switch or its controls
tion. must be so installed that the switch is
(a) Each component of the electrical easily discernible and accessible to a
system must meet the applicable fire crewmember.
protection requirements of §§ 23.863 and [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30
23.1182. FR 258, Jan. 9, 1965, as amended by Amdt. 23–
(b) Electrical cables, terminals, and 20, 42 FR 36969, July 18, 1977; Amdt. 23–43, 58
equipment in designated fire zones that FR 18977, Apr. 9, 1993; Amdt. 23–49, 61 FR 5169,
are used during emergency procedures Feb. 9, 1996]
must be fire-resistant. § 23.1365 Electric cables and equip-
(c) Insulation on electrical wire and ment.
electrical cable must be self-extin-
guishing when tested at an angle of 60 (a) Each electric connecting cable
degrees in accordance with the applica- must be of adequate capacity.
(b) Any equipment that is associated
ble portions of appendix F of this part,
with any electrical cable installation
or other approved equivalent methods.
and that would overheat in the event of
The average burn length must not ex-
circuit overload or fault must be flame
ceed 3 inches (76 mm) and the average
resistant. That equipment and the elec-
flame time after removal of the flame
trical cables must not emit dangerous
source must not exceed 30 seconds.
quantities of toxic fumes.
Drippings from the test specimen must
(c) Main power cables (including gen-
not continue to flame for more than an
erator cables) in the fuselage must be
average of 3 seconds after falling.
designed to allow a reasonable degree
[Doc. No. 27806, 61 FR 5169, Feb. 9, 1996] of deformation and stretching without
failure and must—
§ 23.1361 Master switch arrangement. (1) Be separated from flammable fluid
(a) There must be a master switch ar- lines; or
rangement to allow ready disconnec- (2) Be shrouded by means of elec-
tion of each electric power source from trically insulated flexible conduit, or
power distribution systems, except as equivalent, which is in addition to the
provided in paragraph (b) of this sec- normal cable insulation.
tion. The point of disconnection must (d) Means of identification must be
be adjacent to the sources controlled provided for electrical cables, termi-
by the switch arrangement. If separate nals, and connectors.
switches are incorporated into the (e) Electrical cables must be in-
master switch arrangement, a means stalled such that the risk of mechan-
must be provided for the switch ar- ical damage and/or damage cased by
rangement to be operated by one hand fluids vapors, or sources of heat, is
with a single movement. minimized.
(b) Load circuits may be connected so (f) Where a cable cannot be protected
that they remain energized when the by a circuit protection device or other
master switch is open, if the circuits overload protection, it must not cause
are isolated, or physically shielded, to a fire hazard under fault conditions.
prevent their igniting flammable fluids [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
or vapors that might be liberated by amended by Amdt. 23–14, 38 FR 31824, Nov. 19,
the leakage or rupture of any flam- 1973; Amdt. 23–43, 58 FR 18977, Apr. 9, 1993;
mable fluid system; and Amdt. 23–49, 61 FR 5169, Feb. 9, 1996]
(1) The circuits are required for con-
tinued operation of the engine; or § 23.1367 Switches.
(2) The circuits are protected by cir- Each switch must be—
cuit protective devices with a rating of (a) Able to carry its rated current;
five amperes or less adjacent to the (b) Constructed with enough distance
electric power source. or insulating material between current
(3) In addition, two or more circuits carrying parts and the housing so that
installed in accordance with the re- vibration in flight will not cause short-
quirements of paragraph (b)(2) of this ing;

section must not be used to supply a (c) Accessible to appropriate flight
load of more than five amperes. crewmembers; and
317
§ 23.1381 14 CFR Ch. I (1–1–17 Edition)
(d) Labeled as to operation and the preciable light transmission during

circuit controlled. normal use.
LIGHTS [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
§ 23.1381 Instrument lights. 1976; Amdt. 23–43, 58 FR 18977, Apr. 9, 1993]
The instrument lights must— § 23.1387 Position light system dihe-

(a) Make each instrument and con- dral angles.
trol easily readable and discernible; (a) Except as provided in paragraph
(b) Be installed so that their direct (e) of this section, each position light
rays, and rays reflected from the wind- must, as installed, show unbroken light
shield or other surface, are shielded within the dihedral angles described in
from the pilot’s eyes; and this section.
(c) Have enough distance or insu- (b) Dihedral angle L (left) is formed
lating material between current car- by two intersecting vertical planes, the
rying parts and the housing so that vi- first parallel to the longitudinal axis of
bration in flight will not cause short- the airplane, and the other at 110 de-
ing. grees to the left of the first, as viewed
A cabin dome light is not an instru- when looking forward along the longi-
ment light. tudinal axis.
(c) Dihedral angle R (right) is formed
§ 23.1383 Taxi and landing lights. by two intersecting vertical planes, the
Each taxi and landing light must be first parallel to the longitudinal axis of
designed and installed so that: the airplane, and the other at 110 de-
(a) No dangerous glare is visible to grees to the right of the first, as viewed
the pilots. when looking forward along the longi-
(b) The pilot is not seriously affected tudinal axis.
by halation. (d) Dihedral angle A (aft) is formed
(c) It provides enough light for night by two intersecting vertical planes
operations. making angles of 70 degrees to the
(d) It does not cause a fire hazard in right and to the left, respectively, to a
any configuration. vertical plane passing through the lon-
[Doc. No. 27806, 61 FR 5169, Feb. 9, 1996] gitudinal axis, as viewed when looking
aft along the longitudinal axis.
§ 23.1385 Position light system installa- (e) If the rear position light, when
tion. mounted as far aft as practicable in ac-
(a) General. Each part of each posi- cordance with § 23.1385(c), cannot show
tion light system must meet the appli- unbroken light within dihedral angle A
cable requirements of this section and (as defined in paragraph (d) of this sec-
each system as a whole must meet the tion), a solid angle or angles of ob-
requirements of §§ 23.1387 through structed visibility totaling not more
23.1397. than 0.04 steradians is allowable within
(b) Left and right position lights. Left that dihedral angle, if such solid angle
and right position lights must consist is within a cone whose apex is at the
of a red and a green light spaced lat- rear position light and whose elements
erally as far apart as practicable and make an angle of 30° with a vertical
installed on the airplane such that, line passing through the rear position
with the airplane in the normal flying light.
position, the red light is on the left [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30
side and the green light is on the right FR 258, Jan. 9, 1965, as amended by Amdt. 23–
side. 12, 36 FR 21278, Nov. 5, 1971; Amdt. 23–43, 58
(c) Rear position light. The rear posi- FR 18977, Apr. 9, 1993]
tion light must be a white light mount-
ed as far aft as practicable on the tail § 23.1389 Position light distribution
or on each wing tip. and intensities.
(d) Light covers and color filters. Each (a) General. The intensities prescribed
light cover or color filter must be at in this section must be provided by new
least flame resistant and may not equipment with each light cover and
change color or shape or lose any ap- color filter in place. Intensities must
318
be determined with the light source op- (1) The axis of the maximum cone of
erating at a steady value equal to the illumination is parallel to the flight
average luminous output of the source path in level flight; and
at the normal operating voltage of the (2) There is no obstruction aft of the
airplane. The light distribution and in- light and between planes 70 degrees to
tensity of each position light must the right and left of the axis of max-
meet the requirements of paragraph (b) imum illumination.
of this section. [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
(b) Position lights. The light distribu- amended by Amdt. 23–43, 58 FR 18977, Apr. 9,
tion and intensities of position lights 1993]
must be expressed in terms of min-
imum intensities in the horizontal § 23.1391 Minimum intensities in the
horizontal plane of position lights.
plane, minimum intensities in any
vertical plane, and maximum inten- Each position light intensity must
sities in overlapping beams, within di- equal or exceed the applicable values in
hedral angles L, R, and A, and must the following table:
meet the following requirements: Angle from right
(1) Intensities in the horizontal plane. Dihedral angle (light in- or left of longitu- Intensity
dinal axis, meas-
Each intensity in the horizontal plane cluded) ured from dead (candles)
(the plane containing the longitudinal ahead
axis of the airplane and perpendicular L and R (red and green) .... 0° to 10° .............. 40
to the plane of symmetry of the air- 10° to 20° ............ 30
plane) must equal or exceed the values 20° to 110° .......... 5
A (rear white) ..................... 110° to 180° ........ 20
in § 23.1391.
(2) Intensities in any vertical plane.
Each intensity in any vertical plane [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
(the plane perpendicular to the hori-
1993]
zontal plane) must equal or exceed the
appropriate value in § 23.1393, where I is § 23.1393 Minimum intensities in any
the minimum intensity prescribed in vertical plane of position lights.
§ 23.1391 for the corresponding angles in Each position light intensity must
the horizontal plane. equal or exceed the applicable values in
(3) Intensities in overlaps between adja- the following table:
cent signals. No intensity in any over-
lap between adjacent signals may ex- Angle above or below the horizontal plane Intensity, l
ceed the values in § 23.1395, except that 0° ......................................................................... 1.00
higher intensities in overlaps may be 0° to 5° ................................................................ 0.90
used with main beam intensities sub- 5° to 10° .............................................................. 0.80
10° to 15° ............................................................ 0.70
stantially greater than the minima 15° to 20° ............................................................ 0.50
specified in §§ 23.1391 and 23.1393, if the 20° to 30° ............................................................ 0.30
overlap intensities in relation to the 30° to 40° ............................................................ 0.10
40° to 90° ............................................................ 0.05
main beam intensities do not adversely
affect signal clarity. When the peak in-
tensity of the left and right position [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
lights is more than 100 candles, the 1993]
maximum overlap intensities between
them may exceed the values in § 23.1395 § 23.1395 Maximum intensities in over-
if the overlap intensity in Area A is lapping beams of position lights.
not more than 10 percent of peak posi- No position light intensity may ex-
tion light intensity and the overlap in- ceed the applicable values in the fol-
tensity in Area B is not more than 2.5 lowing equal or exceed the applicable
percent of peak position light inten- values in § 23.1389(b)(3):
sity.
(c) Rear position light installation. A Maximum intensity
single rear position light may be in- Overlaps
Area A Area B
stalled in a position displaced laterally (candles) (candles)
from the plane of symmetry of an air- Green in dihedral angle L ............. 10 1
plane if— Red in dihedral angle R ................ 10 1
319
§ 23.1397 14 CFR Ch. I (1–1–17 Edition)
Maximum intensity (2) Show the maximum unbroken

Overlaps Area A Area B light practicable when the airplane is
(candles) (candles) moored or drifting on the water.
Green in dihedral angle A ............. 5 1
(b) Externally hung lights may be
Red in dihedral angle A ................ 5 1 used.
Rear white in dihedral angle L ...... 5 1
Rear white in dihedral angle R ..... 5 1 § 23.1401 Anticollision light system.
(a) General. The airplane must have
Where— an anticollision light system that:
(a) Area A includes all directions in (1) Consists of one or more approved
the adjacent dihedral angle that pass anticollision lights located so that
through the light source and intersect
their light will not impair the flight
the common boundary plane at more
crewmembers’ vision or detract from
than 10 degrees but less than 20 de-
the conspicuity of the position lights;
grees; and
and
(b) Area B includes all directions in
the adjacent dihedral angle that pass (2) Meets the requirements of para-
through the light source and intersect graphs (b) through (f) of this section.
the common boundary plane at more (b) Field of coverage. The system must
than 20 degrees. consist of enough lights to illuminate
the vital areas around the airplane,
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as considering the physical configuration
and flight characteristics of the air-
1993]
plane. The field of coverage must ex-
§ 23.1397 Color specifications. tend in each direction within at least
75 degrees above and 75 degrees below
Each position light color must have the horizontal plane of the airplane,
the applicable International Commis- except that there may be solid angles
sion on Illumination chromaticity co-
of obstructed visibility totaling not
ordinates as follows:
more than 0.5 steradians.
(a) Aviation red—
(c) Flashing characteristics. The ar-
y is not greater than 0.335; and rangement of the system, that is, the
z is not greater than 0.002. number of light sources, beam width,
(b) Aviation green— speed of rotation, and other character-
istics, must give an effective flash fre-
x is not greater than 0.440¥0.320y; quency of not less than 40, nor more
x is not greater than y¥0.170; and than 100, cycles per minute. The effec-
y is not less than 0.390¥0.170x.
tive flash frequency is the frequency at
(c) Aviation white— which the airplane’s complete anti-
collision light system is observed from
x is not less than 0.300 and not greater than
0.540;
a distance, and applies to each sector
y is not less than x¥0.040 or y0¥0.010, which- of light including any overlaps that
ever is the smaller; and exist when the system consists of more
y is not greater than x + 0.020 nor than one light source. In overlaps,
0.636¥0.400x; flash frequencies may exceed 100, but
Where y0 is the y coordinate of the Planckian not 180, cycles per minute.
radiator for the value of x considered. (d) Color. Each anticollision light
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as must be either aviation red or aviation
amended by Amdt. 23–11, 36 FR 12971, July 10, white and must meet the applicable re-
1971] quirements of § 23.1397.
(e) Light intensity. The minimum
§ 23.1399 Riding light. light intensities in any vertical plane,
(a) Each riding (anchor) light re- measured with the red filter (if used)
quired for a seaplane or amphibian, and expressed in terms of ‘‘effective’’
must be installed so that it can— intensities, must meet the require-
(1) Show a white light for at least ments of paragraph (f) of this section.
two miles at night under clear atmos- The following relation must be as-
pheric conditions; and sumed:
320
ating rule in this chapter must be in-
t2
∫t I (t )dt stalled so that it is readily available to
the crew and passengers.
Ie = 1
( )
(b) Each raft and each life preserver
0.2 + t 2 − t1 must be approved.
where: (c) Each raft released automatically
Ie = effective intensity (candles). or by the pilot must be attached to the
I(t) = instantaneous intensity as a function airplane by a line to keep it alongside
of time. the airplane. This line must be weak
t2¥t1 = flash time interval (seconds). enough to break before submerging the
empty raft to which it is attached.
Normally, the maximum value of effec- (d) Each signaling device required by
tive intensity is obtained when t2 and t1 any operating rule in this chapter,
are chosen so that the effective inten- must be accessible, function satisfac-
sity is equal to the instantaneous in- torily, and must be free of any hazard
tensity at t2 and t1. in its operation.
(f) Minimum effective intensities for
anticollision lights. Each anticollision § 23.1416 Pneumatic de-icer boot sys-
light effective intensity must equal or tem.
exceed the applicable values in the fol- If certification with ice protection
lowing table. provisions is desired and a pneumatic
Effective in-
de-icer boot system is installed—
Angle above or below the horizontal plane tensity (can- (a) The system must meet the re-
dles) quirements specified in § 23.1419.
0° to 5° .............................................................. 400 (b) The system and its components
5° to 10° ............................................................ 240 must be designed to perform their in-
10° to 20° .......................................................... 80 tended function under any normal sys-
20° to 30° .......................................................... 40
30° to 75° .......................................................... 20 tem operating temperature or pressure,
and
(c) Means to indicate to the flight
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
crew that the pneumatic de-icer boot
amended by Amdt. 23–11, 36 FR 12972, July 10,
1971; Amdt. 23–20, 42 FR 36969, July 18, 1977; system is receiving adequate pressure
Amdt. 23–49, 61 FR 5169, Feb. 9, 1996] and is functioning normally must be
provided.
SAFETY EQUIPMENT [Amdt. 23–23, 43 FR 50593, Oct. 30, 1978]
§ 23.1411 General. § 23.1419 Ice protection.
(a) Required safety equipment to be If certification with ice protection
used by the flight crew in an emer- provisions is desired, compliance with
gency, such as automatic liferaft re- the requirements of this section and
leases, must be readily accessible. other applicable sections of this part
(b) Stowage provisions for required must be shown:
safety equipment must be furnished (a) An analysis must be performed to
and must— establish, on the basis of the airplane’s
(1) Be arranged so that the equip- operational needs, the adequacy of the
ment is directly accessible and its loca- ice protection system for the various
tion is obvious; and components of the airplane. In addi-
(2) Protect the safety equipment tion, tests of the ice protection system
from damage caused by being subjected must be conducted to demonstrate that
to the inertia loads resulting from the the airplane is capable of operating
ultimate static load factors specified in safely in continuous maximum and
§ 23.561(b)(3) of this part. intermittent maximum icing condi-
[Amdt. 23–17, 41 FR 55465, Dec. 20, 1976, as tions, as described in appendix C of
amended by Amdt. 23–36, 53 FR 30815, Aug. 15, part 25 of this chapter. As used in this
1988] section, ‘‘Capable of operating safely,’’
means that airplane performance, con-
§ 23.1415 Ditching equipment. trollability, maneuverability, and sta-

(a) Emergency flotation and sig- bility must not be less than that re-
naling equipment required by any oper- quired in part 23, subpart B.
321
EC28SE91.018</MATH>
§ 23.1431 14 CFR Ch. I (1–1–17 Edition)
(b) Except as provided by paragraph MISCELLANEOUS EQUIPMENT

(c) of this section, in addition to the
analysis and physical evaluation pre- § 23.1431 Electronic equipment.
scribed in paragraph (a) of this section, (a) In showing compliance with
the effectiveness of the ice protection § 23.1309(a), (b), and (c) with respect to
system and its components must be radio and electronic equipment and
shown by flight tests of the airplane or their installations, critical environ-
its components in measured natural at- mental conditions must be considered.
mospheric icing conditions and by one
(b) Radio and electronic equipment,
or more of the following tests, as found
necessary to determine the adequacy of controls, and wiring must be installed
the ice protection system— so that operation of any unit or system
(1) Laboratory dry air or simulated of units will not adversely affect the si-
icing tests, or a combination of both, of multaneous operation of any other
the components or models of the com- radio or electronic unit, or system of
ponents. units, required by this chapter.
(2) Flight dry air tests of the ice pro- (c) For those airplanes required to
tection system as a whole, or its indi- have more than one flightcrew mem-
vidual components. ber, or whose operation will require
(3) Flight test of the airplane or its more than one flightcrew member, the
components in measured simulated cockpit must be evaluated to deter-
icing conditions. mine if the flightcrew members, when
(c) If certification with ice protection seated at their duty station, can con-
has been accomplished on prior type verse without difficulty under the ac-
certificated airplanes whose designs in- tual cockpit noise conditions when the
clude components that are airplane is being operated. If the air-
thermodynamically and aero- plane design includes provision for the
dynamically equivalent to those used use of communication headsets, the
on a new airplane design, certification evaluation must also consider condi-
of these equivalent components may be tions where headsets are being used. If
accomplished by reference to pre- the evaluation shows conditions under
viously accomplished tests, required in which it will be difficult to converse,
§ 23.1419 (a) and (b), provided that the an intercommunication system must
applicant accounts for any differences be provided.
in installation of these components. (d) If installed communication equip-
(d) A means must be identified or ment includes transmitter ‘‘off-on’’
provided for determining the formation switching, that switching means must
of ice on the critical parts of the air- be designed to return from the ‘‘trans-
plane. Adequate lighting must be pro- mit’’ to the ‘‘off’’ position when it is
vided for the use of this means during released and ensure that the trans-
night operation. Also, when monitoring
mitter will return to the off (non trans-
of the external surfaces of the airplane
mitting) state.
by the flight crew is required for oper-
ation of the ice protection equipment, (e) If provisions for the use of com-
external lighting must be provided that munication headsets are provided, it
is adequate to enable the monitoring to must be demonstrated that the
be done at night. Any illumination flightcrew members will receive all
that is used must be of a type that will aural warnings under the actual cock-
not cause glare or reflection that pit noise conditions when the airplane
would handicap crewmembers in the is being operated when any headset is
performance of their duties. The Air- being used.
plane Flight Manual or other approved [Doc. No. 26344, 58 FR 18977, Apr. 9, 1993, as
manual material must describe the amended by Amdt. 23–49, 61 FR 5169, Feb. 9,
means of determining ice formation 1996; Amdt. 23–62, 76 FR 75761, Dec. 2, 2011]
and must contain information for the
safe operation of the airplane in icing § 23.1435 Hydraulic systems.

conditions.
(a) Design. Each hydraulic system
[Doc. No. 26344, 58 FR 18977, Apr. 9, 1993] must be designed as follows:
322
(1) Each hydraulic system and its ele- times, the maximum normal operating
ments must withstand, without yield- pressure.
ing, the structural loads expected in (b) Pneumatic system elements must
addition to hydraulic loads. be burst pressure tested to 3.0 times,
(2) A means to indicate the pressure and proof pressure tested to 1.5 times,
in each hydraulic system which sup- the maximum normal operating pres-
plies two or more primary functions sure.
must be provided to the flight crew. (c) An analysis, or a combination of
(3) There must be means to ensure analysis and test, may be substituted
that the pressure, including transient for any test required by paragraph (a)
(surge) pressure, in any part of the sys- or (b) of this section if the Adminis-
tem will not exceed the safe limit trator finds it equivalent to the re-
above design operating pressure and to quired test.
prevent excessive pressure resulting [Amdt. 23–20, 42 FR 36969, July 18, 1977]
from fluid volumetric changes in all
lines which are likely to remain closed § 23.1441 Oxygen equipment and sup-
long enough for such changes to occur. ply.
(4) The minimum design burst pres- (a) If certification with supplemental
sure must be 2.5 times the operating oxygen equipment is requested, or the
pressure. airplane is approved for operations at
(b) Tests. Each system must be sub- or above altitudes where oxygen is re-
stantiated by proof pressure tests. quired to be used by the operating
When proof tested, no part of any sys- rules, oxygen equipment must be pro-
tem may fail, malfunction, or experi- vided that meets the requirements of
ence a permanent set. The proof load of this section and §§ 23.1443 through
each system must be at least 1.5 times 23.1449. Portable oxygen equipment
the maximum operating pressure of may be used to meet the requirements
that system. of this part if the portable equipment
(c) Accumulators. A hydraulic accu- is shown to comply with the applicable
mulator or reservoir may be installed requirements, is identified in the air-
on the engine side of any firewall if— plane type design, and its stowage pro-
(1) It is an integral part of an engine visions are found to be in compliance
or propeller system, or with the requirements of § 23.561.
(2) The reservoir is nonpressurized (b) The oxygen system must be free
and the total capacity of all such non- from hazards in itself, in its method of
pressurized reservoirs is one quart or operation, and its effect upon other
less. components.
(c) There must be a means to allow
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
amended by Amdt. 23–7, 34 FR 13096, Aug. 13, the crew to readily determine, during
1969; Amdt. 23–14, 38 FR 31824, Nov. 19, 1973; the flight, the quantity of oxygen
Amdt. 23–43, 58 FR 18977, Apr. 9, 1993; Amdt. available in each source of supply.
23–49, 61 FR 5170, Feb. 9, 1996] (d) Each required flight crewmember
must be provided with—
§ 23.1437 Accessories for multiengine (1) Demand oxygen equipment if the
airplanes. airplane is to be certificated for oper-
For multiengine airplanes, engine- ation above 25,000 feet.
driven accessories essential to safe op- (2) Pressure demand oxygen equip-
eration must be distributed among two ment if the airplane is to be certifi-
or more engines so that the failure of cated for operation above 40,000 feet.
any one engine will not impair safe op- (e) There must be a means, readily
eration through the malfunctioning of available to the crew in flight, to turn
these accessories. on and to shut off the oxygen supply at
the high pressure source. This shutoff
§ 23.1438 Pressurization and pneu- requirement does not apply to chem-
matic systems. ical oxygen generators.
(a) Pressurization system elements [Amdt. 23–9, 35 FR 6386, Apr. 21, 1970, as
must be burst pressure tested to 2.0 amended by Amdt. 23–43, 58 FR 18978, Apr. 9,
times, and proof pressure tested to 1.5 1993]
323
§ 23.1443 14 CFR Ch. I (1–1–17 Edition)
§ 23.1443 Minimum mass flow of sup- with a tidal volume of 700cc with a con-
plemental oxygen. stant time interval between respira-
(a) If the airplane is to be certified tions.
above 41,000 feet, a continuous flow ox- (ii) At cabin pressure altitudes above
ygen system must be provided for each 18,500 feet up to and including 40,000
passenger. feet, a mean tracheal oxygen partial
(b) If continuous flow oxygen equip- pressure of 83.8mm Hg when breathing
ment is installed, an applicant must 30 liters per minute, BTPS, and with a
show compliance with the require- tidal volume of 1,100cc with a constant
ments of either paragraphs (b)(1) and time interval between respirations.
(b)(2) or paragraph (b)(3) of this sec- (2) For each flight crewmember, the
tion: minimum mass flow may not be less
(1) For each passenger, the minimum than the flow required to maintain,
mass flow of supplemental oxygen re-
during inspiration, a mean tracheal ox-
quired at various cabin pressure alti-
ygen partial pressure of 149mm Hg
tudes may not be less than the flow re-
when breathing 15 liters per minute,
quired to maintain, during inspiration
and while using the oxygen equipment BTPS, and with a maximum tidal vol-
(including masks) provided, the fol- ume of 700cc with a constant time in-
lowing mean tracheal oxygen partial terval between respirations.
pressures: (3) The minimum mass flow of sup-
(i) At cabin pressure altitudes above plemental oxygen supplied for each
10,000 feet up to and including 18,500 user must be at a rate not less than
feet, a mean tracheal oxygen partial that shown in the following figure for
pressure of 100mm Hg when breathing each altitude up to and including the
15 liters per minute, Body Tempera- maximum operating altitude of the air-
ture, Pressure, Saturated (BTPS) and plane.
324
ER02DE11.086</GPH>
(c) If demand equipment is installed imum supply required by the flight

for use by flight crewmembers, the crew must be provided.
minimum mass flow of supplemental
[Doc. No. 26344, 58 FR 18978, Apr. 9, 1993, as
oxygen required for each flight crew-
member may not be less than the flow
2011]
required to maintain, during inspira-
tion, a mean tracheal oxygen partial § 23.1447 Equipment standards for ox-
pressure of 122mm Hg up to and includ- ygen dispensing units.
ing a cabin pressure altitude of 35,000
feet, and 95 percent oxygen between If oxygen dispensing units are in-
cabin pressure altitudes of 35,000 and stalled, the following apply:
40,000 feet, when breathing 20 liters per (a) There must be an individual dis-
minutes BTPS. In addition, there must pensing unit for each occupant for
be means to allow the flight crew to whom supplemental oxygen is to be
use undiluted oxygen at their discre- supplied. Each dispensing unit must:
tion. (1) Provide for effective utilization of
(d) If first-aid oxygen equipment is the oxygen being delivered to the unit.
installed, the minimum mass flow of (2) Be capable of being readily placed
oxygen to each user may not be less into position on the face of the user.
than 4 liters per minute, STPD. How-
(3) Be equipped with a suitable means
ever, there may be a means to decrease
this flow to not less than 2 liters per to retain the unit in position on the
minute, STPD, at any cabin altitude. face.
The quantity of oxygen required is (4) If radio equipment is installed,
based upon an average flow rate of 3 li- the flightcrew oxygen dispensing units
ters per minute per person for whom must be designed to allow the use of
first-aid oxygen is required. that equipment and to allow commu-
(e) As used in this section: nication with any other required crew
(1) BTPS means Body Temperature, member while at their assigned duty
and Pressure, Saturated (which is 37 °C, station.
and the ambient pressure to which the (b) If certification for operation up to
body is exposed, minus 47mm Hg, which and including 18,000 feet (MSL) is re-
is the tracheal pressure displaced by quested, each oxygen dispensing unit
water vapor pressure when the must:
breathed air becomes saturated with (1) Cover the nose and mouth of the
water vapor at 37 °C). user; or
(2) STPD means Standard, Tempera-
(2) Be a nasal cannula, in which case
ture, and Pressure, Dry (which is 0 °C
one oxygen dispensing unit covering
at 760mm Hg with no water vapor).
both the nose and mouth of the user
[Doc. No. FAA–2009–0738, 76 FR 75761, Dec. 2, must be available. In addition, each
2011] nasal cannula or its connecting tubing
§ 23.1445 Oxygen distribution system. must have permanently affixed—
(i) A visible warning against smoking
(a) Except for flexible lines from oxy-
while in use;
gen outlets to the dispensing units, or
where shown to be otherwise suitable (ii) An illustration of the correct
to the installation, nonmetallic tubing method of donning; and
must not be used for any oxygen line (iii) A visible warning against use
that is normally pressurized during with nasal obstructions or head colds
flight. with resultant nasal congestion.
(b) Nonmetallic oxygen distribution (c) If certification for operation
lines must not be routed where they above 18,000 feet (MSL) is requested,
may be subjected to elevated tempera- each oxygen dispensing unit must
tures, electrical arcing, and released cover the nose and mouth of the user.
flammable fluids that might result (d) For a pressurized airplane de-
from any probable failure.
signed to operate at flight altitudes

(c) If the flight crew and passengers above 25,000 feet (MSL), the dispensing
share a common source of oxygen, a units must meet the following:
means to separately reserve the min-
325
§ 23.1449 14 CFR Ch. I (1–1–17 Edition)
(1) The dispensing units for pas- being delivered to the dispensing equip-
sengers must be connected to an oxy- ment.
gen supply terminal and be imme-
[Amdt. 23–9, 35 FR 6387, Apr. 21, 1970]
diately available to each occupant
wherever seated. § 23.1450 Chemical oxygen generators.
(2) The dispensing units for crew-
members must be automatically pre- (a) For the purpose of this section, a
sented to each crewmember before the chemical oxygen generator is defined
cabin pressure altitude exceeds 15,000 as a device which produces oxygen by
feet, or the units must be of the quick- chemical reaction.
donning type, connected to an oxygen (b) Each chemical oxygen generator
supply terminal that is immediately must be designed and installed in ac-
available to crewmembers at their sta- cordance with the following require-
tion. ments:
(e) If certification for operation (1) Surface temperature developed by
above 30,000 feet is requested, the dis- the generator during operation may
pensing units for passengers must be not create a hazard to the airplane or
automatically presented to each occu- to its occupants.
pant before the cabin pressure altitude (2) Means must be provided to relieve
exceeds 15,000 feet. any internal pressure that may be haz-
(f) If an automatic dispensing unit ardous.
(hose and mask, or other unit) system (c) In addition to meeting the re-
is installed, the crew must be provided quirements in paragraph (b) of this sec-
with a manual means to make the dis- tion, each portable chemical oxygen
pensing units immediately available in generator that is capable of sustained
the event of failure of the automatic operation by successive replacement of
system. a generator element must be placarded
(g) If the airplane is to be certified to show—
for operation above 41,000 feet, a quick- (1) The rate of oxygen flow, in liters
donning oxygen mask system, with a per minute;
pressure demand, mask mounted regu- (2) The duration of oxygen flow, in
lator must be provided for the flight minutes, for the replaceable generator
crew. This dispensing unit must be im- element; and
mediately available to the flight crew (3) A warning that the replaceable
when seated at their station and in- generator element may be hot, unless
stalled so that it: the element construction is such that
(1) Can be placed on the face from its the surface temperature cannot exceed
ready position, properly secured, 100 °F.
sealed, and supplying oxygen upon de- [Amdt. 23–20, 42 FR 36969, July 18, 1977]
mand, with one hand, within five sec-
onds and without disturbing eyeglasses § 23.1451 Fire protection for oxygen
or causing delay in proceeding with equipment.
emergency duties; and Oxygen equipment and lines must:
(2) Allows, while in place, the per- (a) Not be installed in any designed
formance of normal communication fire zones.
functions.
(b) Be protected from heat that may
[Amdt. 23–9, 35 FR 6387, Apr. 21, 1970, as be generated in, or escape from, any
amended by Amdt. 23–20, 42 FR 36969, July 18, designated fire zone.
1977; Amdt. 23–30, 49 FR 7340, Feb. 28, 1984; (c) Be installed so that escaping oxy-
Amdt. 23–43, 58 FR 18978, Apr. 9, 1993; Amdt.
gen cannot come in contact with and
23–49, 61 FR 5170, Feb. 9, 1996; Amdt. 23–62, 76
FR 75762, Dec. 2, 2011]
cause ignition of grease, fluid, or vapor
accumulations that are present in nor-
§ 23.1449 Means for determining use of mal operation or that may result from
oxygen. the failure or malfunction of any other

system.
There must be a means to allow the
crew to determine whether oxygen is [Doc. No. 27806, 61 FR 5170, Feb. 9, 1996]
326
§ 23.1453 Protection of oxygen equip- nications of other crewmembers on the

ment from rupture. flight deck when directed to those sta-
(a) Each element of the oxygen sys- tions. The microphone must be so lo-
tem must have sufficient strength to cated and, if necessary, the pre-
withstand the maximum pressure and amplifiers and filters of the recorder
temperature, in combination with any must be so adjusted or supplemented,
externally applied loads arising from so that the intelligibility of the re-
consideration of limit structural loads, corded communications is as high as
that may be acting on that part of the practicable when recorded under flight
system. cockpit noise conditions and played
(b) Oxygen pressure sources and the back. Repeated aural or visual play-
lines between the source and the shut- back of the record may be used in eval-
off means must be: uating intelligibility.
(1) Protected from unsafe tempera- (c) Each cockpit voice recorder must
tures; and be installed so that the part of the
(2) Located where the probability and communication or audio signals speci-
hazard of rupture in a crash landing fied in paragraph (a) of this section ob-
are minimized. tained from each of the following
sources is recorded on a separate chan-
[Doc. No. 27806, 61 FR 5170, Feb. 9, 1996] nel:
(1) For the first channel, from each
§ 23.1457 Cockpit voice recorders. boom, mask, or handheld microphone,
(a) Each cockpit voice recorder re- headset, or speaker used at the first
quired by the operating rules of this pilot station.
chapter must be approved and must be (2) For the second channel from each
installed so that it will record the fol- boom, mask, or handheld microphone,
lowing: headset, or speaker used at the second
(1) Voice communications trans- pilot station.
mitted from or received in the airplane (3) For the third channel—from the
by radio. cockpit-mounted area microphone.
(2) Voice communications of flight (4) For the fourth channel from:
crewmembers on the flight deck. (i) Each boom, mask, or handheld
(3) Voice communications of flight microphone, headset, or speaker used
crewmembers on the flight deck, using at the station for the third and fourth
the airplane’s interphone system. crewmembers.
(4) Voice or audio signals identifying (ii) If the stations specified in para-
navigation or approach aids introduced graph (c)(4)(i) of this section are not re-
into a headset or speaker. quired or if the signal at such a station
(5) Voice communications of flight is picked up by another channel, each
crewmembers using the passenger loud- microphone on the flight deck that is
speaker system, if there is such a sys- used with the passenger loudspeaker
tem and if the fourth channel is avail- system, if its signals are not picked up
able in accordance with the require- by another channel.
ments of paragraph (c)(4)(ii) of this sec- (5) And that as far as is practicable
tion. all sounds received by the microphone
(6) If datalink communication equip- listed in paragraphs (c)(1), (2), and (4) of
ment is installed, all datalink commu- this section must be recorded without
nications, using an approved data mes- interruption irrespective of the posi-
sage set. Datalink messages must be tion of the interphone-transmitter key
recorded as the output signal from the switch. The design shall ensure that
communications unit that translates sidetone for the flight crew is produced
the signal into usable data. only when the interphone, public ad-
(b) The recording requirements of dress system, or radio transmitters are
paragraph (a)(2) of this section must be in use.
met by installing a cockpit-mounted (d) Each cockpit voice recorder must
area microphone, located in the best be installed so that:
position for recording voice commu- (1)(i) It receives its electrical power
nications originating at the first and from the bus that provides the max-
second pilot stations and voice commu- imum reliability for operation of the
327
§ 23.1459 14 CFR Ch. I (1–1–17 Edition)
cockpit voice recorder without jeopard- one digital flight data recorder, the
izing service to essential or emergency combination unit that is installed to
loads. comply with the cockpit voice recorder
(ii) It remains powered for as long as requirements may be located near the
possible without jeopardizing emer- cockpit.
gency operation of the airplane. (f) If the cockpit voice recorder has a
(2) There is an automatic means to bulk erasure device, the installation
simultaneously stop the recorder and must be designed to minimize the prob-
prevent each erasure feature from func- ability of inadvertent operation and ac-
tioning, within 10 minutes after crash tuation of the device during crash im-
impact; and pact.
(3) There is an aural or visual means (g) Each recorder container must:
for preflight checking of the recorder (1) Be either bright orange or bright
for proper operation; yellow;
(4) Any single electrical failure exter-
(2) Have reflective tape affixed to its
nal to the recorder does not disable
external surface to facilitate its loca-
both the cockpit voice recorder and the
tion under water; and
flight data recorder;
(5) It has an independent power (3) Have an underwater locating de-
source— vice, when required by the operating
(i) That provides 10 ±1 minutes of rules of this chapter, on or adjacent to
electrical power to operate both the the container which is secured in such
cockpit voice recorder and cockpit- manner that they are not likely to be
mounted area microphone; separated during crash impact.
(ii) That is located as close as prac- [Amdt. 23–35, 53 FR 26142, July 11, 1988, as
ticable to the cockpit voice recorder; amended by Amdt. 23–58, 73 FR 12562, Mar. 7,
and 2008; 74 FR 32799, July 9, 2009]
(iii) To which the cockpit voice re-
corder and cockpit-mounted area § 23.1459 Flight data recorders.
microphone are switched automati- (a) Each flight recorder required by
cally in the event that all other power the operating rules of this chapter
to the cockpit voice recorder is inter- must be installed so that:
rupted either by normal shutdown or (1) It is supplied with airspeed, alti-
by any other loss of power to the elec- tude, and directional data obtained
trical power bus; and from sources that meet the accuracy
(6) It is in a separate container from requirements of §§ 23.1323, 23.1325, and
the flight data recorder when both are
23.1327, as appropriate;
required. If used to comply with only
(2) The vertical acceleration sensor is
the cockpit voice recorder require-
rigidly attached, and located longitu-
ments, a combination unit may be in-
stalled. dinally either within the approved cen-
(e) The recorder container must be ter of gravity limits of the airplane, or
located and mounted to minimize the at a distance forward or aft of these
probability of rupture of the container limits that does not exceed 25 percent
as a result of crash impact and con- of the airplane’s mean aerodynamic
sequent heat damage to the recorder chord;
from fire. (3)(i) It receives its electrical power
(1) Except as provided in paragraph from the bus that provides the max-
(e)(2) of this section, the recorder con- imum reliability for operation of the
tainer must be located as far aft as flight data recorder without jeopard-
practicable, but need not be outside of izing service to essential or emergency
the pressurized compartment, and may loads.
not be located where aft-mounted en- (ii) It remains powered for as long as
gines may crush the container during possible without jeopardizing emer-
impact. gency operation of the airplane.
(2) If two separate combination dig- (4) There is an aural or visual means
ital flight data recorder and cockpit for preflight checking of the recorder
voice recorder units are installed infor proper recording of data in the stor-
stead of one cockpit voice recorder and age medium;
328
(5) Except for recorders powered sole- (e) Any novel or unique design or
ly by the engine-driven electrical gen- operational characteristics of the air-
erator system, there is an automatic craft shall be evaluated to determine if
means to simultaneously stop a re- any dedicated parameters must be re-
corder that has a data erasure feature corded on flight recorders in addition
and prevent each erasure feature from to or in place of existing requirements.
functioning, within 10 minutes after [Amdt. 23–35, 53 FR 26143, July 11, 1988, as
crash impact; amended by Amdt. 23–58, 73 FR 12562, Mar. 7,
(6) Any single electrical failure exter- 2008; 74 FR 32800, July 9, 2009]
nal to the recorder does not disable
both the cockpit voice recorder and the § 23.1461 Equipment containing high
flight data recorder; and energy rotors.
(7) It is in a separate container from (a) Equipment, such as Auxiliary
the cockpit voice recorder when both Power Units (APU) and constant speed
are required. If used to comply with drive units, containing high energy ro-
only the flight data recorder require- tors must meet paragraphs (b), (c), or
ments, a combination unit may be in- (d) of this section.
stalled. If a combination unit is in- (b) High energy rotors contained in
stalled as a cockpit voice recorder to equipment must be able to withstand
comply with § 23.1457(e)(2), a combina- damage caused by malfunctions, vibra-
tion unit must be used to comply with tion, abnormal speeds, and abnormal
this flight data recorder requirement. temperatures. In addition—
(b) Each nonejectable record con- (1) Auxiliary rotor cases must be able
tainer must be located and mounted so to contain damage caused by the fail-
as to minimize the probability of con- ure of high energy rotor blades; and
tainer rupture resulting from crash im- (2) Equipment control devices, sys-
pact and subsequent damage to the tems, and instrumentation must rea-
record from fire. In meeting this re- sonably ensure that no operating limi-
quirement the record container must tations affecting the integrity of high
be located as far aft as practicable, but energy rotors will be exceeded in serv-
need not be aft of the pressurized com- ice.
partment, and may not be where aft- (c) It must be shown by test that
mounted engines may crush the con- equipment containing high energy ro-
tainer upon impact. tors can contain any failure of a high
(c) A correlation must be established energy rotor that occurs at the highest
between the flight recorder readings of speed obtainable with the normal speed
airspeed, altitude, and heading and the control devices inoperative.
corresponding readings (taking into ac- (d) Equipment containing high en-
count correction factors) of the first pi- ergy rotors must be located where
lot’s instruments. The correlation rotor failure will neither endanger the
must cover the airspeed range over occupants nor adversely affect contin-
which the airplane is to be operated, ued safe flight.
the range of altitude to which the air- [Amdt. 23–20, 42 FR 36969, July 18, 1977, as
plane is limited, and 360 degrees of amended by Amdt. 23–49, 61 FR 5170, Feb. 9,
heading. Correlation may be estab- 1996]
lished on the ground as appropriate.
(d) Each recorder container must: Subpart G—Operating Limitations
(1) Be either bright orange or bright and Information
yellow;
(2) Have reflective tape affixed to its § 23.1501 General.
external surface to facilitate its loca- (a) Each operating limitation speci-
tion under water; and fied in §§ 23.1505 through 23.1527 and
(3) Have an underwater locating de- other limitations and information nec-
vice, when required by the operating essary for safe operation must be es-
rules of this chapter, on or adjacent to tablished.
the container which is secured in such (b) The operating limitations and
a manner that they are not likely to be other information necessary for safe
separated during crash impact. operation must be made available to
329
§ 23.1505 14 CFR Ch. I (1–1–17 Edition)
the crewmembers as prescribed in as an operating limitation. VO is a se-

§§ 23.1541 through 23.1589. lected speed that is not greater than
[Amdt. 23–21, 43 FR 2319, Jan. 16, 1978]
VS√n established in § 23.335(c).
[Doc. No. 26269, 58 FR 42165, Aug. 6, 1993]
§ 23.1505 Airspeed limitations.
(a) The never-exceed speed VNE must § 23.1511 Flap extended speed.
be established so that it is— (a) The flap extended speed VFE must
(1) Not less than 0.9 times the min- be established so that it is—
imum value of VD allowed under (1) Not less than the minimum value
§ 23.335; and of VF allowed in § 23.345(b); and
(2) Not more than the lesser of— (2) Not more than VF established
(i) 0.9 VD established under § 23.335; or under § 23.345(a), (c), and (d).
(ii) 0.9 times the maximum speed (b) Additional combinations of flap
shown under § 23.251. setting, airspeed, and engine power
(b) The maximum structural cruising may be established if the structure has
speed VNO must be established so that been proven for the corresponding de-
it is— sign conditions.
(1) Not less than the minimum value
of VC allowed under § 23.335; and [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30
(2) Not more than the lesser of—
50, 61 FR 5192, Feb. 9, 1996]
(i) VC established under § 23.335; or
(ii) 0.89 VNE established under para- § 23.1513 Minimum control speed.
graph (a) of this section.
(c)(1) Paragraphs (a) and (b) of this The minimum control speed VMC, de-
section do not apply to turbine air- termined under § 23.149, must be estab-
planes or to airplanes for which a de- lished as an operating limitation.
sign diving speed VD/MD is established § 23.1519 Weight and center of gravity.
under § 23.335(b)(4). For those airplanes,
a maximum operating limit speed (VMO/ The weight and center of gravity lim-
MMO airspeed or Mach number, which- itations determined under § 23.23 must
ever is critical at a particular altitude) be established as operating limitations.
must be established as a speed that
may not be deliberately exceeded in § 23.1521 Powerplant limitations.
any regime of flight (climb, cruise, or (a) General. The powerplant limita-
descent) unless a higher speed is au- tions prescribed in this section must be
thorized for flight test or pilot training established so that they do not exceed
operations. the corresponding limits for which the
(2) VMO/MMO must be established so engines or propellers are type certifi-
that it is not greater than the design cated. In addition, other powerplant
cruising speed VC/MC and so that it is limitations used in determining com-
sufficiently below VD/MD, or VDF/MDF pliance with this part must be estab-
for jets, and the maximum speed shown lished.
under § 23.251 to make it highly improb- (b) Takeoff operation. The powerplant
able that the latter speeds will be inad- takeoff operation must be limited by—
vertently exceeded in operations. (1) The maximum rotational speed
(3) The speed margin between VMO/ (rpm);
MMO and VD/MD, or VDF/MDF for jets, (2) The maximum allowable manifold
may not be less than that determined pressure (for reciprocating engines);
under § 23.335(b), or the speed margin (3) The maximum allowable gas tem-
found necessary in the flight tests con- perature (for turbine engines);
ducted under § 23.253. (4) The time limit for the use of the
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as power or thrust corresponding to the
amended by Amdt. 23–7, 34 FR 13096, Aug. 13, limitations established in paragraphs
1969; Amdt. 23–62, 76 FR 75762, Dec. 2, 2011] (b)(1) through (3) of this section; and
(5) The maximum allowable cylinder
§ 23.1507 Operating maneuvering head (as applicable), liquid coolant and
speed. oil temperatures.

The maximum operating maneu- (c) Continuous operation. The contin-
vering speed, VO, must be established uous operation must be limited by—
330
(1) The maximum rotational speed; (7) The accessibility and ease of oper-
(2) The maximum allowable manifold ation of necessary controls by the ap-
pressure (for reciprocating engines); propriate crewmember during all nor-
(3) The maximum allowable gas tem- mal and emergency operations when at
perature (for turbine engines); and the crewmember flight station;
(4) The maximum allowable cylinder (b) The accessibility and ease of oper-
head, oil, and liquid coolant tempera- ation of necessary controls by the ap-
tures. propriate crewmember; and
(d) Fuel grade or designation. The min- (c) The kinds of operation authorized
imum fuel grade (for reciprocating en- under § 23.1525.
gines), or fuel designation (for turbine
[Amdt. 23–21, 43 FR 2319, Jan. 16, 1978, as
engines), must be established so that it amended by Amdt. 23–34, 52 FR 1834, Jan. 15,
is not less than that required for the 1987]
operation of the engines within the
limitations in paragraphs (b) and (c) of § 23.1524 Maximum passenger seating
this section. configuration.
(e) Ambient temperature. For all air- The maximum passenger seating con-
planes except reciprocating engine- figuration must be established.
powered airplanes of 6,000 pounds or
less maximum weight, ambient tem- [Amdt. 23–10, 36 FR 2864, Feb. 11, 1971]
perature limitations (including limita-
tions for winterization installations if § 23.1525 Kinds of operation.
applicable) must be established as the The kinds of operation authorized
maximum ambient atmospheric tem- (e.g. VFR, IFR, day or night) and the
perature at which compliance with the meteorological conditions (e.g. icing)
cooling provisions of §§ 23.1041 through to which the operation of the airplane
23.1047 is shown. is limited or from which it is prohib-
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30
ited, must be established appropriate
FR 258, Jan. 9, 1965, as amended by Amdt. 23– to the installed equipment.
21, 43 FR 2319, Jan. 16, 1978; Amdt. 23–45, 58 [Doc. No. 26269, 58 FR 42166, Aug. 6, 1993]
FR 42165, Aug. 6, 1993; Amdt. 23–50, 61 FR
5192, Feb. 9, 1996] § 23.1527 Maximum operating altitude.
§ 23.1522 Auxiliary power unit limita- (a) The maximum altitude up to
tions. which operation is allowed, as limited
If an auxiliary power unit is in- by flight, structural, powerplant, func-
stalled, the limitations established for tional or equipment characteristics,
the auxiliary power must be specified must be established.
in the operating limitations for the air- (b) A maximum operating altitude
plane. limitation of not more than 25,000 feet
must be established for pressurized air-
[Doc. No. 26269, 58 FR 42166, Aug. 6, 1993] planes unless compliance with
§ 23.775(e) is shown.
§ 23.1523 Minimum flight crew.
[Doc. No. 26269, 58 FR 42166, Aug. 6, 1993]
The minimum flight crew must be es-
tablished so that it is sufficient for safe § 23.1529 Instructions for Continued
operation considering— Airworthiness.
(a) The workload on individual crew-
members and, in addition for com- The applicant must prepare Instruc-
muter category airplanes, each crew- tions for Continued Airworthiness in
member workload determination must accordance with appendix G to this
consider the following: part that are acceptable to the Admin-
(1) Flight path control, istrator. The instructions may be in-
(2) Collision avoidance, complete at type certification if a pro-
(3) Navigation, gram exists to ensure their completion
prior to delivery of the first airplane or
(4) Communications,
issuance of a standard certificate of

(5) Operation and monitoring of all
airworthiness, whichever occurs later.
essential airplane systems,
(6) Command decisions, and [Amdt. 23–26, 45 FR 60171, Sept. 11, 1980]
331
§ 23.1541 14 CFR Ch. I (1–1–17 Edition)
MARKINGS AND PLACARDS (2) For the caution range, a yellow

arc extending from the red line speci-
§ 23.1541 General. fied in paragraph (b)(1) of this section
(a) The airplane must contain— to the upper limit of the green arc
(1) The markings and placards speci- specified in paragraph (b)(3) of this sec-
fied in §§ 23.1545 through 23.1567; and tion.
(2) Any additional information, in- (3) For the normal operating range, a
strument markings, and placards re- green arc with the lower limit at VS1
quired for the safe operation if it has with maximum weight and with land-
unusual design, operating, or handling ing gear and wing flaps retracted, and
characteristics. the upper limit at the maximum struc-
(b) Each marking and placard pre- tural cruising speed VNO established
scribed in paragraph (a) of this sec- under § 23.1505(b).
tion— (4) For the flap operating range, a
(1) Must be displayed in a con- white arc with the lower limit at VS0 at
spicuous place; and the maximum weight, and the upper
(2) May not be easily erased, dis- limit at the flaps-extended speed VFE
figured, or obscured. established under § 23.1511.
(c) For airplanes which are to be cer-
(5) For reciprocating multiengine-
tificated in more than one category—
powered airplanes of 6,000 pounds or
(1) The applicant must select one cat-
less maximum weight, for the speed at
egory upon which the placards and
markings are to be based; and which compliance has been shown with
(2) The placards and marking infor- § 23.69(b) relating to rate of climb at
mation for all categories in which the maximum weight and at sea level, a
airplane is to be certificated must be blue radial line.
furnished in the Airplane Flight Man- (6) For reciprocating multiengine-
ual. powered airplanes of 6,000 pounds or
less maximum weight, for the max-
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30 imum value of minimum control speed,
21, 43 FR 2319, Jan. 16, 1978] VMC, (one-engine-inoperative) deter-
mined under § 23.149(b), a red radial
§ 23.1543 Instrument markings: Gen- line.
eral. (c) If VNE or VNO vary with altitude,
For each instrument— there must be means to indicate to the
(a) When markings are on the cover pilot the appropriate limitations
glass of the instrument, there must be throughout the operating altitude
means to maintain the correct align- range.
ment of the glass cover with the face of (d) Paragraphs (b)(1) through (b)(4)
the dial; and and paragraph (c) of this section do not
(b) Each arc and line must be wide apply to airplanes for which a max-
enough and located to be clearly visi- imum operating speed VMO/MMO is es-
ble to the pilot. tablished under § 23.1505(c). For those
(c) All related instruments must be airplanes, there must either be a max-
calibrated in compatible units. imum allowable airspeed indication
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30 showing the variation of VMO/MMO with
FR 258, Jan. 9, 1965, as amended by Amdt. 23– altitude or compressibility limitations
50, 61 FR 5192, Feb. 9, 1996] (as appropriate), or a radial red line
marking for VMO/MMO must be made at
§ 23.1545 Airspeed indicator. lowest value of VMO/MMO established for
(a) Each airspeed indicator must be any altitude up to the maximum oper-
marked as specified in paragraph (b) of ating altitude for the airplane.
this section, with the marks located at
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
the corresponding indicated airspeeds. amended by Amdt. 23–3, 30 FR 14240, Nov. 13,
(b) The following markings must be
1965; Amdt. 23–7, 34 FR 13097, Aug. 13, 1969;

made: Amdt. 23–23, 43 FR 50593, Oct. 30, 1978; Amdt.
(1) For the never-exceed speed VNE, a 23–50, 61 FR 5193, Feb. 9, 1996; Amdt. 23–62, 76
radial red line. FR 75762, Dec. 2, 2011]
332
§ 23.1547 Magnetic direction indicator. § 23.1553 Fuel quantity indicator.

(a) A placard meeting the require- A red radial line must be marked on
ments of this section must be installed each indicator at the calibrated zero
on or near the magnetic direction indi- reading, as specified in § 23.1337(b)(1).
cator. [Doc. No. 27807, 61 FR 5193, Feb. 9, 1996]
(b) The placard must show the cali-
bration of the instrument in level § 23.1555 Control markings.
flight with the engines operating. (a) Each cockpit control, other than
(c) The placard must state whether primary flight controls and simple
the calibration was made with radio re- push button type starter switches,
ceivers on or off. must be plainly marked as to its func-
(d) Each calibration reading must be tion and method of operation.
in terms of magnetic headings in not (b) Each secondary control must be
more than 30 degree increments. suitably marked.
(e) If a magnetic nonstabilized direc- (c) For powerplant fuel controls—
tion indicator can have a deviation of (1) Each fuel tank selector control
more than 10 degrees caused by the op- must be marked to indicate the posi-
eration of electrical equipment, the tion corresponding to each tank and to
each existing cross feed position;
placard must state which electrical
(2) If safe operation requires the use
loads, or combination of loads, would
of any tanks in a specific sequence,
cause a deviation of more than 10 de- that sequence must be marked on or
grees when turned on. near the selector for those tanks;
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30 (3) The conditions under which the
FR 258, Jan. 9, 1965, as amended by Amdt. 23– full amount of usable fuel in any re-
20, 42 FR 36969, July 18, 1977] stricted usage fuel tank can safely be
used must be stated on a placard adja-
§ 23.1549 Powerplant and auxiliary cent to the selector valve for that
power unit instruments. tank; and
For each required powerplant and (4) Each valve control for any engine
auxiliary power unit instrument, as ap- of a multiengine airplane must be
propriate to the type of instruments— marked to indicate the position cor-
(a) Each maximum and, if applicable, responding to each engine controlled.
(d) Usable fuel capacity must be
minimum safe operating limit must be
marked as follows:
marked with a red radial or a red line;
(1) For fuel systems having no selec-
(b) Each normal operating range tor controls, the usable fuel capacity of
must be marked with a green arc or the system must be indicated at the
green line, not extending beyond the fuel quantity indicator.
maximum and minimum safe limits; (2) For fuel systems having selector
(c) Each takeoff and precautionary controls, the usable fuel capacity
range must be marked with a yellow available at each selector control posi-
arc or a yellow line; and tion must be indicated near the selec-
(d) Each engine, auxiliary power tor control.
unit, or propeller range that is re- (3) For fuel systems having a cali-
stricted because of excessive vibration brated fuel quantity indication system
stresses must be marked with red arcs complying with § 23.1337(b)(1) and accu-
or red lines. rately displaying the actual quantity
of usable fuel in each selectable tank,
[Amdt. 23–12, 41 FR 55466, Dec. 20, 1976, as no fuel capacity placards outside of the
amended by Amdt. 23–28, 47 FR 13315, Mar. 29, fuel quantity indicator are required.
1982; Amdt. 23–45, 58 FR 42166, Aug. 6, 1993]
(e) For accessory, auxiliary, and
§ 23.1551 Oil quantity indicator. emergency controls—
(1) If retractable landing gear is used,
Each oil quantity indicator must be the indicator required by § 23.729 must
marked in sufficient increments to in- be marked so that the pilot can, at any
dicate readily and accurately the quan- time, ascertain that the wheels are se-
tity of oil. cured in the extreme positions; and
333
§ 23.1557 14 CFR Ch. I (1–1–17 Edition)
(2) Each emergency control must be must be near each emergency exit con-
red and must be marked as to method trol and must clearly indicate the loca-
of operation. No control other than an tion of that exit and its method of op-
emergency control, or a control that eration.
serves an emergency function in addi- (e) The system voltage of each direct
tion to its other functions, shall be this current installation must be clearly
color. marked adjacent to its exernal power
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30
connection.
FR 258, Jan. 9, 1965, as amended by Amdt. 23– [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
21, 43 FR 2319, Jan. 16, 1978; Amdt. 23–50, 61 amended by Amdt. 23–21, 42 FR 15042, Mar. 17,
FR 5193, Feb. 9, 1996; Amdt. 23–62, 76 FR 75763, 1977; Amdt. 23–23, 43 FR 50594, Oct. 30, 1978;
Dec. 2, 2011] Amdt. 23–45, 58 FR 42166, Aug. 6, 1993; 73 FR
35063, June 20, 2008]
§ 23.1557 Miscellaneous markings and
placards. § 23.1559 Operating limitations
(a) Baggage and cargo compartments, placard.
and ballast location. Each baggage and (a) There must be a placard in clear
cargo compartment, and each ballast view of the pilot stating—
location, must have a placard stating (1) That the airplane must be oper-
any limitations on contents, including ated in accordance with the Airplane
weight, that are necessary under the Flight Manual; and
loading requirements. (2) The certification category of the
(b) Seats. If the maximum allowable airplane to which the placards apply.
weight to be carried in a seat is less (b) For airplanes certificated in more
than 170 pounds, a placard stating the than one category, there must be a
lesser weight must be permanently at- placard in clear view of the pilot stat-
tached to the seat structure. ing that other limitations are con-
(c) Fuel, oil, and coolant filler open- tained in the Airplane Flight Manual.
ings. The following apply: (c) There must be a placard in clear
(1) Fuel filler openings must be view of the pilot that specifies the kind
marked at or near the filler cover of operations to which the operation of
with— the airplane is limited or from which it
(i) For reciprocating engine-powered is prohibited under § 23.1525.
airplanes— (d) The placard(s) required by this
(A) The word ‘‘Avgas’’; and section need not be lighted.
(B) The minimum fuel grade.
(ii) For turbine engine-powered air- [Doc. No. 27807, 61 FR 5193, Feb. 9, 1996, as
planes— amended by Amdt. 23–62, 76 FR 75763, Dec. 2,
2011]
(A) The words ‘‘Jet Fuel’’; and
(B) The permissible fuel designations, § 23.1561 Safety equipment.
or references to the Airplane Flight
Manual (AFM) for permissible fuel des- (a) Safety equipment must be plainly
ignations. marked as to method of operation.
(iii) For pressure fueling systems, the (b) Stowage provisions for required
maximum permissible fueling supply safety equipment must be marked for
pressure and the maximum permissible the benefit of occupants.
defueling pressure.
(2) Oil filler openings must be § 23.1563 Airspeed placards.
marked at or near the filler cover with There must be an airspeed placard in
the word ‘‘Oil’’ and the permissible oil clear view of the pilot and as close as
designations, or references to the Air- practicable to the airspeed indicator.
plane Flight Manual (AFM) for permis- This placard must list—
sible oil designations. (a) The operating maneuvering speed,
(3) Coolant filler openings must be VO; and
marked at or near the filler cover with (b) The maximum landing gear oper-
the word ‘‘Coolant’’. ating speed VLO.
(d) Emergency exit placards. Each (c) For reciprocating multiengine-

placard and operating control for each powered airplanes of more than 6,000
emergency exit must be red. A placard pounds maximum weight, and turbine
334
engine-powered airplanes, the max- (e) The placard(s) required by this

imum value of the minimum control section need not be lighted.
speed, VMC (one-engine-inoperative) de- [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964; 30
termined under § 23.149(b). FR 258, Jan. 9, 1965, as amended by Amdt. 23–
(d) The airspeed placard(s) required 13, 37 FR 20023, Sept. 23, 1972; Amdt. 23–21, 43
by this section need not be lighted if FR 2319, Jan. 16, 1978; Amdt. 23–50, 61 FR 5193,
the landing gear operating speed is in- Feb. 9, 1996; Amdt. 23–62, 76 FR 75763, Dec. 2,
2011]
dicated on the airspeed indicator or
other lighted area such as the landing AIRPLANE FLIGHT MANUAL AND
gear control and the airspeed indicator APPROVED MANUAL MATERIAL
has features such as low speed aware-
ness that provide ample warning prior § 23.1581 General.
to VMC. (a) Furnishing information. An Air-
[Amdt. 23–7, 34 FR 13097, Aug. 13, 1969, as plane Flight Manual must be furnished
amended by Amdt. 23–45, 58 FR 42166, Aug. 6, with each airplane, and it must contain
1993; Amdt. 23–50, 61 FR 5193, Feb. 9, 1996; the following:
Amdt. 23–62, 76 FR 75763, Dec. 2, 2011] (1) Information required by §§ 23.1583
through 23.1589.
§ 23.1567 Flight maneuver placard. (2) Other information that is nec-
(a) For normal category airplanes, essary for safe operation because of de-
there must be a placard in front of and sign, operating, or handling character-
in clear view of the pilot stating: ‘‘No istics.
acrobatic maneuvers, including spins, (3) Further information necessary to
comply with the relevant operating
approved.’’
rules.
(b) For utility category airplanes,
(b) Approved information. (1) Except as
there must be— provided in paragraph (b)(2) of this sec-
(1) A placard in clear view of the tion, each part of the Airplane Flight
pilot stating: ‘‘Acrobatic maneuvers Manual containing information pre-
are limited to the following scribed in §§ 23.1583 through 23.1589
lllllllllll;’’ (list approved must be approved, segregated, identi-
maneuvers and the recommended entry fied and clearly distinguished from
speed for each); and each unapproved part of that Airplane
(2) For those airplanes that do not Flight Manual.
meet the spin requirements for acro- (2) The requirements of paragraph
batic category airplanes, an additional (b)(1) of this section do not apply to re-
placard in clear view of the pilot stat- ciprocating engine-powered airplanes
ing: ‘‘Spins Prohibited.’’ of 6,000 pounds or less maximum
(c) For acrobatic category airplanes, weight, if the following is met:
there must be a placard in clear view of (i) Each part of the Airplane Flight
the pilot listing the approved acrobatic Manual containing information pre-
maneuvers and the recommended entry scribed in § 23.1583 must be limited to
airspeed for each. If inverted flight ma- such information, and must be ap-
neuvers are not approved, the placard proved, identified, and clearly distin-
guished from each other part of the
must bear a notation to this effect.
Airplane Flight Manual.
(d) For acrobatic category airplanes
(ii) The information prescribed in
and utility category airplanes approved §§ 23.1585 through 23.1589 must be deter-
for spinning, there must be a placard in mined in accordance with the applica-
clear view of the pilot— ble requirements of this part and pre-
(1) Listing the control actions for re- sented in its entirety in a manner ac-
covery from spinning maneuvers; and ceptable to the Administrator.
(2) Stating that recovery must be ini- (3) Each page of the Airplane Flight
tiated when spiral characteristics ap- Manual containing information pre-
pear, or after not more than six turns scribed in this section must be of a
or not more than any greater number type that is not easily erased, dis-
of turns for which the airplane has figured, or misplaced, and is capable of
been certificated. being inserted in a manual provided by
335
§ 23.1583 14 CFR Ch. I (1–1–17 Edition)
the applicant, or in a folder, or in any (1) Limitations required by § 23.1521.

other permanent binder. (2) Explanation of the limitations,
(c) The units used in the Airplane when appropriate.
Flight Manual must be the same as (3) Information necessary for mark-
those marked on the appropriate in- ing the instruments required by
struments and placards. § 23.1549 through § 23.1553.
(d) All Airplane Flight Manual oper- (c) Weight. The airplane flight man-
ational airspeeds, unless otherwise ual must include—
specified, must be presented as indi- (1) The maximum weight; and
cated airspeeds. (2) The maximum landing weight, if
(e) Provision must be made for stow- the design landing weight selected by
ing the Airplane Flight Manual in a the applicant is less than the max-
suitable fixed container which is read- imum weight.
ily accessible to the pilot. (3) For reciprocating engine-powered
(f) Revisions and amendments. Each airplanes of more than 6,000 pounds
Airplane Flight Manual (AFM) must maximum weight, single-engine tur-
contain a means for recording the in- bines, and multiengine jets 6,000
corporation of revisions and amend- pounds or less maximum weight in the
ments. normal, utility, and acrobatic cat-
[Amdt. 23–21, 43 FR 2319, Jan. 16, 1978, as egory, performance operating limita-
amended by Amdt. 23–34, 52 FR 1834, Jan. 15, tions as follows—
1987; Amdt. 23–45, 58 FR 42166, Aug. 6, 1993; (i) The maximum takeoff weight for
Amdt. 23–50, 61 FR 5193, Feb. 9, 1996] each airport altitude and ambient tem-
perature within the range selected by
§ 23.1583 Operating limitations. the applicant at which the airplane
The Airplane Flight Manual must complies with the climb requirements
contain operating limitations deter- of § 23.63(c)(1).
mined under this part 23, including the (ii) The maximum landing weight for
following— each airport altitude and ambient tem-
(a) Airspeed limitations. The following perature within the range selected by
information must be furnished: the applicant at which the airplane
(1) Information necessary for the complies with the climb requirements
marking of the airspeed limits on the of § 23.63(c)(2).
indicator as required in § 23.1545, and (4) For normal, utility, and acrobatic
the significance of each of those limits category multiengine jets over 6,000
and of the color coding used on the in- pounds and commuter category air-
dicator. planes, the maximum takeoff weight
(2) The speeds VMC, VO, VLE, and VLO, for each airport altitude and ambient
if established, and their significance. temperature within the range selected
(3) In addition, for turbine powered by the applicant at which—
commuter category airplanes— (i) The airplane complies with the
(i) The maximum operating limit climb requirements of § 23.63(d)(1); and
speed, VMO/MMO and a statement that (ii) The accelerate-stop distance de-
this speed must not be deliberately ex- termined under § 23.55 is equal to the
ceeded in any regime of flight (climb, available runway length plus the
cruise or descent) unless a higher speed length of any stopway, if utilized; and
is authorized for flight test or pilot either:
training; (A) The takeoff distance determined
(ii) If an airspeed limitation is based under § 23.59(a) is equal to the available
upon compressibility effects, a state- runway length; or
ment to this effect and information as (B) At the option of the applicant,
to any symptoms, the probable behav- the takeoff distance determined under
ior of the airplane, and the rec- § 23.59(a) is equal to the available run-
ommended recovery procedures; and way length plus the length of any
(iii) The airspeed limits must be clearway and the takeoff run deter-
shown in terms of VMO/MMO instead of mined under § 23.59(b) is equal to the
VNO and VNE. available runway length.

(b) Powerplant limitations. The fol- (5) For normal, utility, and acrobatic
lowing information must be furnished: category multiengine jets over 6,000
336
pounds and commuter category air- operating limitation and identification

planes, the maximum landing weight as to the equipment’s required oper-
for each airport altitude within the ational status for the kinds of oper-
range selected by the applicant at ation for which approval has been
which— given.
(i) The airplane complies with the (i) Maximum operating altitude. The
climb requirements of § 23.63(d)(2) for maximum altitude established under
ambient temperatures within the range § 23.1527.
selected by the applicant; and (j) Maximum passenger seating configu-
(ii) The landing distance determined ration. The maximum passenger seating
under § 23.75 for standard temperatures configuration.
is equal to the available runway (k) Allowable lateral fuel loading. The
length. maximum allowable lateral fuel load-
(6) The maximum zero wing fuel ing differential, if less than the max-
weight, where relevant, as established imum possible.
in accordance with § 23.343. (l) Baggage and cargo loading. The fol-
(d) Center of gravity. The established lowing information for each baggage
center of gravity limits. and cargo compartment or zone—
(e) Maneuvers. The following author- (1) The maximum allowable load; and
ized maneuvers, appropriate airspeed (2) The maximum intensity of load-
limitations, and unauthorized maneu- ing.
vers, as prescribed in this section. (m) Systems. Any limitations on the
(1) Normal category airplanes. No acro- use of airplane systems and equipment.
batic maneuvers, including spins, are (n) Ambient temperatures. Where ap-
authorized. propriate, maximum and minimum am-
(2) Utility category airplanes. A list of bient air temperatures for operation.
authorized maneuvers demonstrated in (o) Smoking. Any restrictions on
the type flight tests, together with rec- smoking in the airplane.
ommended entry speeds and any other (p) Types of surface. A statement of
associated limitations. No other ma- the types of surface on which oper-
neuver is authorized. ations may be conducted. (See § 23.45(g)
(3) Acrobatic category airplanes. A list and § 23.1587 (a)(4), (c)(2), and (d)(4)).
of approved flight maneuvers dem-
onstrated in the type flight tests, to- [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
gether with recommended entry speeds
1969; Amdt. 23–10, 36 FR 2864, Feb. 11, 1971;
and any other associated limitations. Amdt. 23–21, 43 FR 2320, Jan. 16, 1978; Amdt.
(4) Acrobatic category airplanes and 23–23, 43 FR 50594, Oct. 30, 1978; Amdt. 23–34,
utility category airplanes approved for 52 FR 1834, Jan. 15, 1987; Amdt. 23–45, 58 FR
spinning. Spin recovery procedure es- 42166, Aug. 6, 1993; Amdt. 23–50, 61 FR 5193,
tablished to show compliance with Feb. 9, 1996; Amdt. 23–62, 76 FR 75763, Dec. 2,
§ 23.221(c). 2011]
(5) Commuter category airplanes. Ma-
neuvers are limited to any maneuver § 23.1585 Operating procedures.
incident to normal flying, stalls, (ex- (a) For all airplanes, information
cept whip stalls) and steep turns in concerning normal, abnormal (if appli-
which the angle of bank is not more cable), and emergency procedures and
than 60 degrees. other pertinent information necessary
(f) Maneuver load factor. The positive for safe operation and the achievement
limit load factors in g’s, and, in addi- of the scheduled performance must be
tion, the negative limit load factor for furnished, including—
acrobatic category airplanes. (1) An explanation of significant or
(g) Minimum flight crew. The number unusual flight or ground handling char-
and functions of the minimum flight acteristics;
crew determined under § 23.1523. (2) The maximum demonstrated val-
(h) Kinds of operation. A list of the ues of crosswind for takeoff and land-
kinds of operation to which the air- ing, and procedures and information
plane is limited or from which it is pro- pertinent to operations in crosswinds;

hibited under § 23.1525, and also a list of (3) A recommended speed for flight in
installed equipment that affects any rough air. This speed must be chosen to
337
§ 23.1587 14 CFR Ch. I (1–1–17 Edition)
protect against the occurrence, as a re- (1) Procedures and speeds for con-
sult of gusts, of structural damage to tinuing a takeoff following engine fail-
the airplane and loss of control (for ex- ure and the conditions under which
ample, stalling); takeoff can safely be continued, or a
(4) Procedures for restarting any tur- warning against attempting to con-
bine engine in flight, including the ef- tinue the takeoff.
fects of altitude; and (2) Procedures, speeds, and configura-
(5) Procedures, speeds, and configurations for continuing a climb following
tion(s) for making a normal approach engine failure, after takeoff, in accord-
and landing, in accordance with §§ 23.73 ance with § 23.67, or enroute, in accord-
and 23.75, and a transition to the ance with § 23.69(b).
balked landing condition. (f) In addition to paragraphs (a) and
(6) For seaplanes and amphibians, (c) of this section, for normal, utility,
water handling procedures and the and acrobatic category multiengine
demonstrated wave height. jets weighing over 6,000 pounds, and
(b) In addition to paragraph (a) of commuter category airplanes, the in-
this section, for all single-engine air- formation must include the following:
planes, the procedures, speeds, and con- (1) Procedures, speeds, and configura-
figuration(s) for a glide following en- tion(s) for making a normal takeoff.
gine failure, in accordance with § 23.71 (2) Procedures and speeds for car-
and the subsequent forced landing, rying out an accelerate-stop in accord-
must be furnished. ance with § 23.55.
(c) In addition to paragraph (a) of (3) Procedures and speeds for con-
this section, for all multiengine air- tinuing a takeoff following engine fail-
planes, the following information must ure in accordance with § 23.59(a)(1) and
be furnished: for following the flight path deter-
(1) Procedures, speeds, and configura- mined under § 23.57 and § 23.61(a).
tion(s) for making an approach and (g) For multiengine airplanes, infor-
landing with one engine inoperative; mation identifying each operating con-
(2) Procedures, speeds, and configura- dition in which the fuel system inde-
tion(s) for making a balked landing pendence prescribed in § 23.953 is nec-
with one engine inoperative and the essary for safety must be furnished, to-
conditions under which a balked land- gether with instructions for placing
ing can be performed safely, or a warn- the fuel system in a configuration used
ing against attempting a balked land- to show compliance with that section.
ing; (h) For each airplane showing com-
(3) The VSSE determined in § 23.149; pliance with § 23.1353 (g)(2) or (g)(3), the
and operating procedures for disconnecting
(4) Procedures for restarting any en- the battery from its charging source
gine in flight including the effects of must be furnished.
altitude. (i) Information on the total quantity
(d) In addition to paragraphs (a) and of usable fuel for each fuel tank, and
either (b) or (c) of this section, as ap- the effect on the usable fuel quantity,
propriate, for all normal, utility, and as a result of a failure of any pump,
acrobatic category airplanes, the fol- must be furnished.
lowing information must be furnished: (j) Procedures for the safe operation
(1) Procedures, speeds, and configura- of the airplane’s systems and equip-
tion(s) for making a normal takeoff, in ment, both in normal use and in the
accordance with § 23.51 (a) and (b), and event of malfunction, must be fur-
§ 23.53 (a) and (b), and the subsequent nished.
climb, in accordance with § 23.65 and [Doc. No. 27807, 61 FR 5194, Feb. 9, 1996, as
§ 23.69(a). amended by Amdt. 23–62, 76 FR 75763, Dec. 2,
(2) Procedures for abandoning a take- 2011]
off due to engine failure or other cause.
(e) In addition to paragraphs (a), (c), § 23.1587 Performance information.
and (d) of this section, for all normal, Unless otherwise prescribed, perform-
utility, and acrobatic category multi- ance information must be provided

engine airplanes, the information must over the altitude and temperature
include the following: ranges required by § 23.45(b).
338
(a) For all airplanes, the following in- (6) For single-engine airplanes, the
formation must be furnished— glide performance determined under
(1) The stalling speeds VSO and VS1 § 23.71.
with the landing gear and wing flaps (d) In addition to paragraph (a) of
retracted, determined at maximum this section, for normal, utility, and
weight under § 23.49, and the effect on acrobatic category multiengine jets
these stalling speeds of angles of bank weighing over 6,000 pounds, and com-
up to 60 degrees; muter category airplanes, the fol-
(2) The steady rate and gradient of lowing information must be fur-
climb with all engines operating, deter- nished—
mined under § 23.69(a); (1) The accelerate-stop distance de-
(3) The landing distance, determined termined under § 23.55;
under § 23.75 for each airport altitude (2) The takeoff distance determined
and standard temperature, and the under § 23.59(a);
type of surface for which it is valid; (3) At the option of the applicant, the
(4) The effect on landing distances of takeoff run determined under § 23.59(b);
operation on other than smooth hard (4) The effect on accelerate-stop dis-
surfaces, when dry, determined under tance, takeoff distance and, if deter-
§ 23.45(g); and mined, takeoff run, of operation on
(5) The effect on landing distances of other than smooth hard surfaces, when
runway slope and 50 percent of the dry, determined under § 23.45(g);
headwind component and 150 percent of (5) The effect on accelerate-stop dis-
the tailwind component. tance, takeoff distance, and if deter-
(b) In addition to paragraph (a) of mined, takeoff run, of runway slope
this section, for all normal, utility, and and 50 percent of the headwind compo-
acrobatic category reciprocating en- nent and 150 percent of the tailwind
gine-powered airplanes of 6,000 pounds component;
or less maximum weight, the steady
(6) The net takeoff flight path deter-
angle of climb/descent, determined
mined under § 23.61(b);
under § 23.77(a), must be furnished.
(7) The enroute gradient of climb/de-
(c) In addition to paragraphs (a) and
scent with one engine inoperative, de-
(b) of this section, if appropriate, for
termined under § 23.69(b);
normal, utility, and acrobatic category
airplanes, the following information (8) The effect, on the net takeoff
must be furnished— flight path and on the enroute gradient
(1) The takeoff distance, determined of climb/descent with one engine inop-
under § 23.53 and the type of surface for erative, of 50 percent of the headwind
which it is valid. component and 150 percent of the tail-
(2) The effect on takeoff distance of wind component;
operation on other than smooth hard (9) Overweight landing performance
surfaces, when dry, determined under information (determined by extrapo-
§ 23.45(g); lation and computed for the range of
(3) The effect on takeoff distance of weights between the maximum landing
runway slope and 50 percent of the and maximum takeoff weights) as fol-
headwind component and 150 percent of lows—
the tailwind component; (i) The maximum weight for each air-
(4) For multiengine reciprocating en- port altitude and ambient temperature
gine-powered airplanes of more than at which the airplane complies with
6,000 pounds maximum weight and mul- the climb requirements of § 23.63(d)(2);
tiengine turbine powered airplanes, the and
one-engine-inoperative takeoff climb/ (ii) The landing distance determined
descent gradient, determined under under § 23.75 for each airport altitude
§ 23.66; and standard temperature.
(5) For multiengine airplanes, the (10) The relationship between IAS
enroute rate and gradient of climb/de- and CAS determined in accordance

scent with one engine inoperative, de- with § 23.1323 (b) and (c).
termined under § 23.69(b); and
339
§ 23.1589 14 CFR Ch. I (1–1–17 Edition)
(11) The altimeter system calibration (1) Canard, tandem-wing, close-coupled, or

required by § 23.1325(e). tailless arrangements of the lifting surfaces;
(2) Biplane or multiplane wing arrange-
[Doc. No. 27807, 61 FR 5194, Feb. 9, 1996, as ments;
amended by Amdt. 23–62, 76 FR 75763, Dec. 2, (3) T-tail, V-tail, or cruciform-tail ( + ) ar-
2011] rangements;
(4) Highly-swept wing platform (more than
§ 23.1589 Loading information. 15-degrees of sweep at the quarter-chord),
delta planforms, or slatted lifting surfaces;
The following loading information
or
must be furnished: (5) Winglets or other wing tip devices, or
(a) The weight and location of each outboard fins.
item of equipment that can be easily
removed, relocated, or replaced and A23.3 Special symbols.
that is installed when the airplane was n1 = Airplane Positive Maneuvering Limit
weighed under the requirement of Load Factor.
§ 23.25. n2 = Airplane Negative Maneuvering Limit
(b) Appropriate loading instructions Load Factor.
for each possible loading condition be- n3 = Airplane Positive Gust Limit Load Fac-
tor at VC.
tween the maximum and minimum n4 = Airplane Negative Gust Limit Load Fac-
weights established under § 23.25, to fa- tor at VC.
cilitate the center of gravity remain- nflap = Airplane Positive Limit Load Factor
ing within the limits established under With Flaps Fully Extended at VF.
§ 23.23.
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
1993; Amdt. 23–50, 61 FR 5195, Feb. 9, 1996]
APPENDIX A TO PART 23—SIMPLIFIED

DESIGN LOAD CRITERIA
A23.1 General.
(a) The design load criteria in this appen-
dix are an approved equivalent of those in
§§ 23.321 through 23.459 of this subchapter for
an airplane having a maximum weight of
6,000 pounds or less and the following con-
figuration:
(1) A single engine excluding turbine pow- A23.5 Certification in more than one category.
erplants; The criteria in this appendix may be used
(2) A main wing located closer to the air- for certification in the normal, utility, and
plane’s center of gravity than to the aft, fu- acrobatic categories, or in any combination
selage-mounted, empennage; of these categories. If certification in more
(3) A main wing that contains a quarter- than one category is desired, the design cat-
chord sweep angle of not more than 15 de- egory weights must be selected to make the
grees fore or aft; term n1W constant for all categories or
(4) A main wing that is equipped with trail- greater for one desired category than for
ing-edge controls (ailerons or flaps, or both); others. The wings and control surfaces (in-
(5) A main wing aspect ratio not greater cluding wing flaps and tabs) need only be in-
than 7; vestigated for the maximum value of n1W, or
(6) A horizontal tail aspect ratio not great- for the category corresponding to the max-
er than 4; imum design weight, where n1W is constant.
(7) A horizontal tail volume coefficient not If the acrobatic category is selected, a spe-
less than 0.34; cial unsymmetrical flight load investigation
(8) A vertical tail aspect ratio not greater in accordance with paragraphs A23.9(c)(2)
than 2; and A23.11(c)(2) of this appendix must be
(9) A vertical tail platform area not great- completed. The wing, wing carrythrough,
er than 10 percent of the wing platform area; and the horizontal tail structures must be
and checked for this condition. The basic fuse-
(10) Symmetrical airfoils must be used in lage structure need only be investigated for
both the horizontal and vertical tail designs. the highest load factor design category se-
(b) Appendix A criteria may not be used on lected. The local supporting structure for
any airplane configuration that contains any dead weight items need only be designed for
of the following design features: the highest load factor imposed when the
340
EC28SE91.020</MATH>
Federal Aviation Administration, DOT Pt. 23, App. A
particular items are installed in the air- represent the ratio of the aerodynamic force
plane. The engine mount, however, must be component (acting normal to the assumed
designed for a higher side load factor, if cer- longitudinal axis of the airplane) to the
tification in the acrobatic category is de- weight of the airplane. A positive flight load
sired, than that required for certification in factor is an aerodynamic force acting up-
the normal and utility categories. When de- ward, with respect to the airplane.
signing for landing loads, the landing gear
and the airplane as a whole need only be in- A23.9 Flight conditions.
vestigated for the category corresponding to
the maximum design weight. These sim- (a) General. Each design condition in para-
plifications apply to single-engine aircraft of graphs (b) and (c) of this section must be
conventional types for which experience is used to assure sufficient strength for each
available, and the Administrator may re- condition of speed and load factor on or
quire additional investigations for aircraft within the boundary of a V¥n diagram for
with unusual design features. the airplane similar to the diagram in figure
4 of this appendix. This diagram must also be
A23.7 Flight loads. used to determine the airplane structural op-
erating limitations as specified in
(a) Each flight load may be considered
independent of altitude and, except for the §§ 23.1501(c) through 23.1513 and § 23.1519.
local supporting structure for dead weight (b) Symmetrical flight conditions. The air-
items, only the maximum design weight con- plane must be designed for symmetrical
ditions must be investigated. flight conditions as follows:
(b) Table 1 and figures 3 and 4 of this ap- (1) The airplane must be designed for at
pendix must be used to determine values of least the four basic flight conditions, ‘‘A’’,
n1, n2, n3, and n4, corresponding to the max- ‘‘D’’, ‘‘E’’, and ‘‘G’’ as noted on the flight en-
imum design weights in the desired cat- velope of figure 4 of this appendix. In addi-
egories. tion, the following requirements apply:
(c) Figures 1 and 2 of this appendix must be (i) The design limit flight load factors cor-
used to determine values of n3 and n4 corresponding to conditions ‘‘D’’ and ‘‘E’’ of fig-
responding to the minimum flying weights in ure 4 must be at least as great as those speci-
the desired categories, and, if these load fac- fied in Table 1 and figure 4 of this appendix,
tors are greater than the load factors at the and the design speed for these conditions
design weight, the supporting structure for must be at least equal to the value of VD
dead weight items must be substantiated for found from figure 3 of this appendix.
the resulting higher load factors. (ii) For conditions ‘‘A’’ and ‘‘G’’ of figure 4,
(d) Each specified wing and tail loading is the load factors must correspond to those
independent of the center of gravity range. specified in Table 1 of this appendix, and the
The applicant, however, must select a c.g. design speeds must be computed using these
range, and the basic fuselage structure must load factors with the maximum static lift
be investigated for the most adverse dead coefficient CNA determined by the applicant.
weight loading conditions for the c.g. range However, in the absence of more precise
selected. computations, these latter conditions may
(e) The following loads and loading condi- be based on a value of CNA=±1.35 and the de-
tions are the minimums for which strength sign speed for condition ‘‘A’’ may be less
must be provided in the structure: than VAmin.
(1) Airplane equilibrium. The aerodynamic
(iii) Conditions ‘‘C’’ and ‘‘F’’ of figure 4
wing loads may be considered to act normal
need only be investigated when n3 W/S or n4
to the relative wind, and to have a mag-
W/S are greater than n1 W/S or n2 W/S of this
nitude of 1.05 times the airplane normal
appendix, respectively.
loads (as determined from paragraphs A23.9
(b) and (c) of this appendix) for the positive (2) If flaps or other high lift devices in-
flight conditions and a magnitude equal to tended for use at the relatively low airspeed
the airplane normal loads for the negative of approach, landing, and takeoff, are in-
conditions. Each chordwise and normal com- stalled, the airplane must be designed for the
ponent of this wing load must be considered. two flight conditions corresponding to the
(2) Minimum design airspeeds. The minimum values of limit flap-down factors specified in
design airspeeds may be chosen by the appli- Table 1 of this appendix with the flaps fully
cant except that they may not be less than extended at not less than the design flap
the minimum speeds found by using figure 3 speed VFmin from figure 3 of this appendix.
of this appendix. In addition, VCmin need not (c) Unsymmetrical flight conditions. Each af-
exceed values of 0.9 VH actually obtained at fected structure must be designed for unsym-
sea level for the lowest design weight cat- metrical loadings as follows:
egory for which certification is desired. In (1) The aft fuselage-to-wing attachment
computing these minimum design airspeeds, must be designed for the critical vertical
n1 may not be less than 3.8. surface load determined in accordance with
(3) Flight load factor. The limit flight load paragraph SA23.11(c)(1) and (2) of this appen-
factors specified in Table 1 of this appendix dix.
341
Pt. 23, App. A 14 CFR Ch. I (1–1–17 Edition)
(2) The wing and wing carry-through struc- (1) In designing the rear lift truss, the spe-
tures must be designed for 100 percent of con- cial condition specified in § 23.369 may be in-
dition ‘‘A’’ loading on one side of the plane vestigated instead of condition ‘‘G’’ of figure
of symmetry and 70 percent on the opposite 4 of this appendix. If this is done, and if cer-
side for certification in the normal and util- tification in more than one category is de-
ity categories, or 60 percent on the opposite sired, the value of W/S used in the formula
side for certification in the acrobatic cat- appearing in § 23.369 must be that for the cat-
egory. egory corresponding to the maximum gross
(3) The wing and wing carry-through struc- weight.
tures must be designed for the loads result- (2) Each engine mount and its supporting
ing from a combination of 75 percent of the structures must be designed for the max-
positive maneuvering wing loading on both imum limit torque corresponding to METO
sides of the plane of symmetry and the max- power and propeller speed acting simulta-
imum wing torsion resulting from aileron neously with the limit loads resulting from
displacement. The effect of aileron displace- the maximum positive maneuvering flight
ment on wing torsion at VC or VA using the load factor n1. The limit torque must be ob-
basic airfoil moment coefficient modified tained by multiplying the mean torque by a
over the aileron portion of the span, must be factor of 1.33 for engines with five or more
computed as follows: cylinders. For 4, 3, and 2 cylinder engines,
(i) Cm = Cm + 0.01dm (up aileron side) wing the factor must be 2, 3, and 4, respectively.
basic airfoil. (3) Each engine mount and its supporting
(ii) Cm = Cm ¥0.01dm(down aileron side) structure must be designed for the loads re-
wing basic airfoil, where dm is the up aileron sulting from a lateral limit load factor of not
deflection and d d is the down aileron deflec- less than 1.47 for the normal and utility cat-
tion. egories, or 2.0 for the acrobatic category.
(4) D critical, which is the sum of dm + d d A23.11 Control surface loads.
must be computed as follows:
(i) Compute Da and DB from the formulas: (a) General. Each control surface load must
be determined using the criteria of para-
VA graph (b) of this section and must lie within
Δa = × Δ p and the simplified loadings of paragraph (c) of
VC this section.
(b) Limit pilot forces. In each control surface
loading condition described in paragraphs (c)
VA through (e) of this section, the airloads on
Δ b = 0.5 × Δp the movable surfaces and the corresponding
VD deflections need not exceed those which
could be obtained in flight by employing the
Where DP = the maximum total deflection
maximum limit pilot forces specified in the
(sum of both aileron deflections) at VA
table in § 23.397(b). If the surface loads are
with VA, VC, and VD described in subpara- limited by these maximum limit pilot forces,
graph (2) of § 23.7(e) of this appendix. the tabs must either be considered to be de-
(ii) Compute K from the formula: flected to their maximum travel in the direc-
tion which would assist the pilot or the de-
(Cm − 0.01δ b )VD 2
flection must correspond to the maximum
K= degree of ‘‘out of trim’’ expected at the speed
(Cm − 0.01δ a )VC 2

for the condition under consideration. The
tab load, however, need not exceed the value
specified in Table 2 of this appendix.
where da is the down aileron deflection cor- (c) Surface loading conditions. Each surface
responding to Da, and db is the down aile- loading condition must be investigated as
ron deflection corresponding to D b as follows:
computed in step (i). (1) Simplified limit surface loadings for the
(iii) If K is less than 1.0, Da is D critical and horizontal tail, vertical tail, aileron, wing
must be used to determine dU and dd. In this flaps, and trim tabs are specified in figures 5
case, VC is the critical speed which must be and 6 of this appendix.
used in computing the wing torsion loads (i) The distribution of load along the span
over the aileron span. of the surface, irrespective of the chordwise
(iv) If K is equal to or greater than 1.0, DB load distribution, must be assumed propor-
is D critical and must be used to determine tional to the total chord, except on horn bal-
dU and dD. In this case, Vd is the critical ance surfaces.
speed which must be used in computing the (ii) The load on the stabilizer and elevator,
wing torsion loads over the aileron span. and the load on fin and rudder, must be dis-
(d) Supplementary conditions; rear lift truss; tributed chordwise as shown in figure 7 of
EC28SE91.022</MATH>
engine torque; side load on engine mount. Each this appendix.

of the following supplementary conditions (iii) In order to ensure adequate torsional
must be investigated: strength and to account for maneuvers and
342
EC28SE91.021</MATH>
gusts, the most severe loads must be consid- (v) The most severe elevator and rudder
ered in association with every center of pres- loads should be further considered as being
sure position between the leading edge and distributed parabolically from three times
the half chord of the mean chord of the sur- the mean loading of the surface (stabilizer
face (stabilizer and elevator, or fin and rud- and elevator, or fin and rudder) at the lead-
der). ing edge of the elevator and rudder, respec-
(iv) To ensure adequate strength under tively, to zero at the trailing edge according
high leading edge loads, the most severe sta- to the equation:
bilizer and fin loads must be further consid-
2
ered as being increased by 50 percent over (c − x)
the leading 10 percent of the chord with the P (x) = 3 ( w )
loads aft of this appropriately decreased to
retain the same total load.
cf 2
Where— A23.13 Control system loads.

P(x) = local pressure at the chordwise sta- (a) Primary flight controls and systems. Each
tions x, primary flight control and system must be
c = chord length of the tail surface, designed as follows:
cf = chord length of the elevator and rudder (1) The flight control system and its sup-
respectively, and porting structure must be designed for loads
w̄ = average surface loading as specified in corresponding to 125 percent of the computed
Figure A5. hinge moments of the movable control sur-
face in the conditions prescribed in A23.11 of
(vi) The chordwise loading distribution for
this appendix. In addition—
ailerons, wing flaps, and trim tabs are speci-
(i) The system limit loads need not exceed
fied in Table 2 of this appendix.
those that could be produced by the pilot and
(2) If certification in the acrobatic cat-
automatic devices operating the controls;
egory is desired, the horizontal tail must be and
investigated for an unsymmetrical load of
(ii) The design must provide a rugged sys-
100 percent w on one side of the airplane cen- tem for service use, including jamming,
terline and 50 percent on the other side of ground gusts, taxiing downwind, control in-
the airplane centerline. ertia, and friction.
(d) Outboard fins. Outboard fins must meet (2) Acceptable maximum and minimum
the requirements of § 23.445. limit pilot forces for elevator, aileron, and
ER09FE96.007</GPH>
(e) Special devices. Special devices must rudder controls are shown in the table in
meet the requirements of § 23.459. § 23.397(b). These pilots loads must be as-
sumed to act at the appropriate control grips
343
ER09FE96.004</MATH>
or pads as they would under flight condi- TABLE 1—LIMIT FLIGHT LOAD FACTORS
tions, and to be reacted at the attachments [Limit flight load factors]
of the control system to the control surface
horn. Normal Utility cat- Acrobatic
Flight load factors
(b) Dual controls. If there are dual controls, category egory category
the systems must be designed for pilots oper-
ating in opposition, using individual pilot Flaps up:
loads equal to 75 percent of those obtained in n1 .......................... 3.8 4.4 6.0
accordance with paragraph (a) of this sec- n2 .......................... ¥0.5 n1 .................. ..................
tion, except that individual pilot loads may n3 .......................... (1) .................. ..................
not be less than the minimum limit pilot n4 .......................... (2) .................. ..................
forces shown in the table in § 23.397(b). Flaps down:
(c) Ground gust conditions. Ground gust con- n flap .................... 0.5 n1 .................. ..................
n flap .................... 3 Zero .................. ..................
ditions must meet the requirements of
§ 23.415. 1 Findn3 from Fig. 1
(d) Secondary controls and systems. Sec- 2 Find n4from Fig. 2
3 Verticalwing load may be assumed equal to zero and only
ondary controls and systems must meet the
the flap part of the wing need be checked for this condition.
requirements of § 23.405.
344
ER09FE96.008</GPH>
345
EC28SE91.023</GPH>
346
EC28SE91.024</GPH>
EC28SE91.026</GPH>
347
EC28SE91.025</GPH>
348
EC28SE91.027</GPH>
349
EC28SE91.028</GPH>
Pt. 23, App. C 14 CFR Ch. I (1–1–17 Edition)
FIGURE A7—CHORDWISE LOAD DISTRIBUTION FOR STABILIZER AND

ELEVATOR OR FIN AND RUDDER
measured from stabilizer (or fin) leading

( 2 − E − 3d' ) edge to the local chord. Sign convention
P1 = 2 ( w ) is positive when center of pressure is be-
(1 − E ) hind leading edge.
c = local chord.
P2 = 2 ( w ) (3d' + E − 1) NOTE: Positive values of w̄, P1 and P2 are
where: all measured in the same direction.
w̄ = average surface loading (as specified in [Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as
figure A.5) amended by Amdt. 23–7, 34 FR 13097, Aug. 13,
E = ratio of elevator (or rudder) chord to 1969; 34 FR 14727, Sept. 24, 1969; Amdt. 23–16,
total stabilizer and elevator (or fin and 40 FR 2577, Jan. 14, 1975; Amdt. 23–28, 47 FR
rudder) chord. 13315, Mar. 29, 1982; Amdt. 23–48, 61 FR 5149,
d′ = ratio of distance of center of pressure of Feb. 9, 1996]
a unit spanwise length of combined sta-
bilizer and elevator (or fin and rudder) APPENDIX B TO PART 23 [RESERVED]
APPENDIX C TO PART 23—BASIC LANDING CONDITIONS

[C23.1 Basic landing conditions]
Tail wheel type Nose wheel type
Level landing
Condition Level landing
Tail-down land- with nose wheel Tail-down land-
Level landing with inclined
ing just clear of ing
reactions ground
Reference section ............................. 23.479(a)(1) 23.481(a)(1) .... 23.479(a)(2)(i) 23.479(a)(2)(ii) ... 23.481(a)(2) and
(b).
Vertical component at c. g ................ nW ................ nW .................. nW .................. nW ..................... nW.

Fore and aft component at c. g ........ KnW ............. 0 ...................... KnW ................ KnW ................... 0.
Lateral component in either direction 0 ................... 0 ...................... 0 ...................... 0 ......................... 0.
at c. g.
Shock absorber extension (hydraulic Note (2) ........ Note (2) .......... Note (2) .......... Note (2) ............. Note (2).
shock absorber).
Shock absorber deflection (rubber or 100 ............... 100 .................. 100 .................. 100 ..................... 100.
spring shock absorber), percent.

ER09FE96.009</GPH> ER09FE96.005</GPH>
Tire deflection ................................... Static ............ Static ............... Static ............... Static .................. Static.
Main wheel loads (both wheels) (Vr) (n-L)W .......... (n-L)W b/d ...... (n-L)W a′/d′ ..... (n-L)W ................ (n-L)W.
Main wheel loads (both wheels) (Dr) KnW ............. 0 ...................... KnW a′/d′ ........ KnW ................... 0.
350
Federal Aviation Administration, DOT Pt. 23, App. D
[C23.1 Basic landing conditions]
Tail wheel type Nose wheel type
Level landing
Condition Level landing
Tail-down land- with nose wheel Tail-down land-
Level landing with inclined
ing just clear of ing
reactions ground
Tail (nose) wheel loads (Vf) ............. 0 ................... (n-L)W a/d ...... (n-L)W b′/d′ ..... 0 ......................... 0.
Tail (nose) wheel loads (Df) ............. 0 ................... 0 ...................... KnW b′/d′ ........ 0 ......................... 0.
Notes ................................................. (1), (3), and (4) ................... (1) ................... (1), (3), and (4) .. (3) and (4).
(4).
NOTE (1). K may be determined as follows: K = 0.25 for W = 3,000 pounds or less; K = 0.33 for W = 6,000 pounds or greater,
with linear variation of K between these weights.
NOTE (2). For the purpose of design, the maximum load factor is assumed to occur throughout the shock absorber stroke from
25 percent deflection to 100 percent deflection unless otherwise shown and the load factor must be used with whatever shock
absorber extension is most critical for each element of the landing gear.
NOTE (3). Unbalanced moments must be balanced by a rational or conservative method.
NOTE (4). L is defined in § 23.725(b).
NOTE (5). n is the limit inertia load factor, at the c.g. of the airplane, selected under § 23.473 (d), (f), and (g).
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as amended by Amdt. 23–7, 34 FR 13099, Aug. 13, 1969]
APPENDIX D TO PART 23—WHEEL SPIN- FHmax = 1/re √ 2Iw(VH—Vc)nFVmax/tS

UP AND SPRING-BACK LOADS where—
FHmax = maximum rearward horizontal force
D23.1 Wheel spin-up loads. acting on the wheel (in pounds);
(a) The following method for determining re = effective rolling radius of wheel under
wheel spin-up loads for landing conditions is
impact based on recommended operating

based on NACA T.N. 863. However, the drag tire pressure (which may be assumed to
component used for design may not be less be equal to the rolling radius under a
than the drag load prescribed in § 23.479(b). static load of njWe) in feet;
351
EC28SE91.029</GPH>
Pt. 23, App. F 14 CFR Ch. I (1–1–17 Edition)
Iw = rotational mass moment of inertia of APPENDIX E TO PART 23 [RESERVED]
rolling assembly (in slug feet);
VH = linear velocity of airplane parallel to APPENDIX F TO PART 23—TEST
ground at instant of contact (assumed to PROCEDURE
be 1.2 VS0, in feet per second);
Vc = peripheral speed of tire, if prerotation is PART I—ACCEPTABLE TEST PROCEDURE FOR
SELF-EXTINGUISHING MATERIALS FOR SHOW-
used (in feet per second) (there must be a
ING COMPLIANCE WITH §§ 23.853, 23.855, AND
positive means of pre-rotation before
23.1359
pre-rotation may be considered);
n = equals effective coefficient of friction Acceptable test procedure for self-extin-
(0.80 may be used); guishing materials for showing compliance
with §§ 23.853, 23.855 and 23.1359.
FVmax = maximum vertical force on wheel (a) Conditioning. Specimens must be condi-
(pounds) = njWe, where We and nj are de- tioned to 70 degrees F, plus or minus 5 de-
fined in § 23.725; grees, and at 50 percent plus or minus 5 per-
ts = time interval between ground contact cent relative humidity until moisture equi-
and attainment of maximum vertical librium is reached or for 24 hours. Only one
force on wheel (seconds). (However, if the specimen at a time may be removed from the
value of FVmax, from the above equation conditioning environment immediately be-
exceeds 0.8 FVmax, the latter value must be fore subjecting it to the flame.
used for FHmax.) (b) Specimen configuration. Except as pro-
vided for materials used in electrical wire
(b) The equation assumes a linear vari- and cable insulation and in small parts, ma-
ation of load factor with time until the peak terials must be tested either as a section cut
load is reached and under this assumption, from a fabricated part as installed in the air-
the equation determines the drag force at plane or as a specimen simulating a cut sec-
the time that the wheel peripheral velocity tion, such as: a specimen cut from a flat
at radius re equals the airplane velocity. sheet of the material or a model of the fab-
Most shock absorbers do not exactly follow a ricated part. The specimen may be cut from
linear variation of load factor with time. any location in a fabricated part; however,
Therefore, rational or conservative allow- fabricated units, such as sandwich panels,
ances must be made to compensate for these may not be separated for a test. The speci-
variations. On most landing gears, the time men thickness must be no thicker than the
for wheel spin-up will be less than the time minimum thickness to be qualified for use in
required to develop maximum vertical load the airplane, except that: (1) Thick foam
factor for the specified rate of descent and parts, such as seat cushions, must be tested
forward velocity. For exceptionally large in 1⁄2 inch thickness; (2) when showing com-
wheels, a wheel peripheral velocity equal to pliance with § 23.853(d)(3)(v) for materials
used in small parts that must be tested, the
the ground speed may not have been attained
materials must be tested in no more than 1⁄8
at the time of maximum vertical gear load.
inch thickness; (3) when showing compliance
However, as stated above, the drag spin-up with § 23.1359(c) for materials used in elec-
load need not exceed 0.8 of the maximum trical wire and cable insulation, the wire and
vertical loads. cable specimens must be the same size as
(c) Dynamic spring-back of the landing used in the airplane. In the case of fabrics,
gear and adjacent structure at the instant both the warp and fill direction of the weave
just after the wheels come up to speed may must be tested to determine the most crit-
result in dynamic forward acting loads of ical flammability conditions. When per-
considerable magnitude. This effect must be forming the tests prescribed in paragraphs
determined, in the level landing condition, (d) and (e) of this appendix, the specimen
by assuming that the wheel spin-up loads must be mounted in a metal frame so that (1)
calculated by the methods of this appendix in the vertical tests of paragraph (d) of this
are reversed. Dynamic spring-back is likely appendix, the two long edges and the upper
to become critical for landing gear units edge are held securely; (2) in the horizontal
having wheels of large mass or high landing test of paragraph (e) of this appendix, the
speeds. two long edges and the edge away from the
flame are held securely; (3) the exposed area
[Doc. No. 4080, 29 FR 17955, Dec. 18, 1964, as of the specimen is at least 2 inches wide and
amended by Amdt. 23–45, 58 FR 42167, Aug. 6, 12 inches long, unless the actual size used in
1993] the airplane is smaller; and (4) the edge to
which the burner flame is applied must not
consist of the finished or protected edge of
the specimen but must be representative of

the actual cross section of the material or
part installed in the airplane. When per-
forming the test prescribed in paragraph (f)
352
Federal Aviation Administration, DOT Pt. 23, App. F
of this appendix, the specimen must be sults averaged. The specimens must be sup-
mounted in metal frame so that all four ported at an angle of 45 degrees to a hori-
edges are held securely and the exposed area zontal surface. The exposed surface when in-
of the specimen is at least 8 inches by 8 stalled in the aircraft must be face down for
inches. the test. The specimens must be exposed to
(c) Apparatus. Except as provided in para- a Bunsen or Tirrill burner with a nominal 3⁄8
graph (g) of this appendix, tests must be con- inch I.D. tube adjusted to give a flame of 11⁄2
ducted in a draft-free cabinet in accordance inches in height. The minimum flame tem-
with Federal Test Method Standard 191 perature measured by a calibrated thermo-
Method 5903 (revised Method 5902) which is couple pyrometer in the center of the flame
available from the General Services Admin- must be 1550 °F. Suitable precautions must
istration, Business Service Center, Region 3, be taken to avoid drafts. The flame must be
Seventh and D Streets SW., Washington,
applied for 30 seconds with one-third con-
D.C. 20407, or with some other approved
tacting the material at the center of the
equivalent method. Specimens which are too
specimen and then removed. Flame time,
large for the cabinet must be tested in simi-
lar draft-free conditions. glow time, and whether the flame penetrates
(d) Vertical test. A minimum of three speci- (passes through) the specimen must be re-
mens must be tested and the results aver- corded.
aged. For fabrics, the direction of weave cor- (g) Sixty-degree test. A minimum of three
responding to the most critical flammability specimens of each wire specification (make
conditions must be parallel to the longest di- and size) must be tested. The specimen of
mension. Each specimen must be supported wire or cable (including insulation) must be
vertically. The specimen must be exposed to placed at an angle of 60 degrees with the hor-
a Bunsen or Tirrill burner with a nominal 3⁄8- izontal in the cabinet specified in paragraph
inch I.D. tube adjusted to give a flame of 11⁄2 (c) of this appendix, with the cabinet door
inches in height. The minimum flame tem- open during the test or placed within a
perature measured by a calibrated thermo- chamber approximately 2 feet high × 1 foot ×
couple pryometer in the center of the flame 1 foot, open at the top and at one vertical
must be 1550 °F. The lower edge of the speci- side (front), that allows sufficient flow of air
men must be three-fourths inch above the for complete combustion but is free from
top edge of the burner. The flame must be drafts. The specimen must be parallel to and
applied to the center line of the lower edge of approximately 6 inches from the front of the
the specimen. For materials covered by chamber. The lower end of the specimen
§§ 23.853(d)(3)(i) and 23.853(f), the flame must must be held rigidly clamped. The upper end
be applied for 60 seconds and then removed. of the specimen must pass over a pulley or
For materials covered by § 23.853(d)(3)(ii), the rod and must have an appropriate weight at-
flame must be applied for 12 seconds and
tached to it so that the specimen is held
then removed. Flame time, burn length, and
tautly throughout the flammability test.
flaming time of drippings, if any, must be re-
The test specimen span between lower clamp
corded. The burn length determined in ac-
cordance with paragraph (h) of this appendix and upper pulley or rod must be 24 inches
must be measured to the nearest one-tenth and must be marked 8 inches from the lower
inch. end to indicate the central point for flame
(e) Horizontal test. A minimum of three application. A flame from a Bunsen or Tirrill
specimens must be tested and the results burner must be applied for 30 seconds at the
averaged. Each specimen must be supported test mark. The burner must be mounted un-
horizontally. The exposed surface when in- derneath the test mark on the specimen, per-
stalled in the airplane must be face down for pendicular to the specimen and at an angle
the test. The specimen must be exposed to a of 30 degrees to the vertical plane of the
Bunsen burner or Tirrill burner with a nomi- specimen. The burner must have a nominal
nal 3⁄8-inch I.D. tube adjusted to give a flame bore of three-eighths inch, and must be ad-
of 11⁄2 inches in height. The minimum flame justed to provide a three-inch-high flame
temperature measured by a calibrated ther- with an inner cone approximately one-third
mocouple pyrometer in the center of the of the flame height. The minimum tempera-
flame must be 1550 °F. The specimen must be ture of the hottest portion of the flame, as
positioned so that the edge being tested is measured with a calibrated thermocouple
three-fourths of an inch above the top of, and pyrometer, may not be less than 1,750 °F. The
on the center line of, the burner. The flame burner must be positioned so that the hot-
must be applied for 15 seconds and then re- test portion of the flame is applied to the
moved. A minimum of 10 inches of the speci- test mark on the wire. Flame time, burn
men must be used for timing purposes, ap- length, and flaming time drippings, if any,
proximately 11⁄2 inches must burn before the must be recorded. The burn length deter-
burning front reaches the timing zone, and mined in accordance with paragraph (h) of
the average burn rate must be recorded. this appendix must be measured to the near-
(f) Forty-five degree test. A minimum of est one-tenth inch. Breaking of the wire
three specimens must be tested and the re- specimen is not considered a failure.
353
(h) Burn length. Burn length is the distance Flame propagation means the furthest dis-
from the original edge to the farthest evi- tance of the propagation of visible flame to-
dence of damage to the test specimen due to wards the far end of the test specimen, meas-
flame impingement, including areas of par- ured from the midpoint of the ignition
tial or complete consumption, charring, or source flame. Measure this distance after
embrittlement, but not including areas soot- initially applying the ignition source and be-
ed, stained, warped, or discolored, nor areas fore all flame on the test specimen is extin-
where material has shrunk or melted away guished. The measurement is not a deter-
from the heat source. mination of burn length made after the test.
Radiant heat source means an electric or air
PART II—TEST METHOD TO DETERMINE THE propane panel.
FLAMMABILITY AND FLAME PROPAGATION Thermal/acoustic insulation means a mate-
CHARACTERISTICS OF THERMAL/ACOUSTIC IN- rial or system of materials used to provide
SULATION MATERIALS
thermal and/or acoustic protection. Exam-
Use this test method to evaluate the flam- ples include fiberglass or other batting mate-
mability and flame propagation characteris- rial encapsulated by a film covering and
tics of thermal/acoustic insulation when ex- foams.
posed to both a radiant heat source and a Zero point means the point of application of
flame. the pilot burner to the test specimen.
(a) Definitions. (b) Test apparatus.
(1) Radiant panel test chamber. Conduct door below the window to provide access to
tests in a radiant panel test chamber (see the movable specimen platform holder. The
figure F1 above). Place the test chamber bottom of the test chamber must be a sliding
under an exhaust hood to facilitate clearing steel platform that has provision for secur-
the chamber of smoke after each test. The ing the test specimen holder in a fixed and
radiant panel test chamber must be an enclo- level position. The chamber must have an in-
sure 55 inches (1397 mm) long by 19.5 inches ternal chimney with exterior dimensions of
(495 mm) deep by 28 inches (710 mm) to 30
5.1 inches (129 mm) wide, by 16.2 inches (411
inches (maximum) (762 mm) above the test
mm) deep by 13 inches (330 mm) high at the
specimen. Insulate the sides, ends, and top
with a fibrous ceramic insulation, such as opposite end of the chamber from the radiant
Kaowool MTM board. On the front side, pro- energy source. The interior dimensions must
vide a 52 by 12-inch (1321 by 305 mm) draft- be 4.5 inches (114 mm) wide by 15.6 inches (395
free, high-temperature, glass window for mm) deep. The chimney must extend to the
viewing the sample during testing. Place a top of the chamber (see figure F2).
354
ER02DE11.087</GPH>
(2) Radiant heat source. Mount the radiant temperatures up to 1300 °F (704 °C). An air
heat energy source in a cast iron frame or propane panel must be made of a porous re-
equivalent. An electric panel must have six, fractory material and have a radiation sur-
3-inch wide emitter strips. The emitter strips face of 12 by 18 inches (305 by 457 mm). The
must be perpendicular to the length of the panel must be capable of operating at tem-
panel. The panel must have a radiation sur- peratures up to 1,500 °F (816 °C). See figures
face of 127⁄8 by 181⁄2 inches (327 by 470 mm). F3a and F3b.
The panel must be capable of operating at
355
ER02DE11.088</GPH>
(i) Electric radiant panel. The radiant panel microprocessor-based controller to set the
must be 3-phase and operate at 208 volts. A electric panel operating parameters.
single-phase, 240 volt panel is also accept- (ii) Gas radiant panel. Use propane (liquid
able. Use a solid-state power controller and petroleum gas—2.1 UN 1075) for the radiant
356
ER02DE11.089</GPH>
panel fuel. The panel fuel system must con- of test specimens. Place the test specimens
sist of a venturi-type aspirator for mixing on a sheet of Kaowool MTM board or 1260
gas and air at approximately atmospheric Standard Board (manufactured by Thermal
pressure. Provide suitable instrumentation Ceramics and available in Europe), or equiv-
for monitoring and controlling the flow of alent, either resting on the bottom lip of the
fuel and air to the panel. Include an air flow sliding platform or on the base of the brack-
gauge, an air flow regulator, and a gas pres- ets. It may be necessary to use multiple
sure gauge.
sheets of material based on the thickness of
(iii) Radiant panel placement. Mount the
the test specimen (to meet the sample height
panel in the chamber at 30 degrees to the
horizontal specimen plane, and 71⁄2 inches requirement). Typically, these non-combus-
above the zero point of the specimen. tible sheets of material are available in 1⁄4-
(3) Specimen holding system. (i) The sliding inch (6 mm) thicknesses. See figure F4. A
platform serves as the housing for test speci- sliding platform that is deeper than the 2-
men placement. Brackets may be attached inch (50.8mm) platform shown in figure F4 is
(via wing nuts) to the top lip of the platform also acceptable as long as the sample height
in order to accommodate various thicknesses requirement is met.
(ii) Attach a 1⁄2-inch (13 mm) piece of (iii) Place the test specimen horizontally
Kaowool MTM board or other high tempera- on the non-combustible board(s). Place a
ture material measuring 411⁄2 by 81⁄4 inches steel retaining/securing frame fabricated of
(1054 by 210 mm) to the back of the platform. mild steel, having a thickness of 1⁄8-inch (3.2
This board serves as a heat retainer and pro- mm) and overall dimensions of 23 by 131⁄8
tects the test specimen from excessive inches (584 by 333 mm) with a specimen open-
preheating. The height of this board may not ing of 19 by 103⁄4 inches (483 by 273 mm) over
impede the sliding platform movement (in the test specimen. The front, back, and right
and out of the test chamber). If the platform portions of the top flange of the frame must
has been fabricated such that the back side rest on the top of the sliding platform, and
of the platform is high enough to prevent ex- the bottom flanges must pinch all 4 sides of
cess preheating of the specimen when the the test specimen. The right bottom flange
sliding platform is out, a retainer board is must be flush with the sliding platform. See
not necessary. figure F5.
357
ER02DE11.090</GPH>
(4) Pilot Burner. The pilot burner used to (19 mm). A 3⁄4-inch (19 mm) guide (such as a
ignite the specimen must be a thin strip of metal) may be soldered to the
BernzomaticTM commercial propane venturi top of the burner to aid in setting the flame
torch with an axially symmetric burner tip height. The overall flame length must be ap-
and a propane supply tube with an orifice di- proximately 5 inches long (127 mm). Provide
ameter of 0.006 inches (0.15 mm). The length a way to move the burner out of the ignition
of the burner tube must be 27⁄8 inches (71 position so that the flame is horizontal and
mm). The propane flow must be adjusted via at least 2 inches (50 mm) above the specimen
gas pressure through an in-line regulator to
plane. See figure F6.
produce a blue inner cone length of 3⁄4-inch
358
ER02DE11.091</GPH>
(5) Thermocouples. Install a 24 American by 51 mm), and be 1⁄8-inch ±1⁄16-inch thick (3.2
Wire Gauge (AWG) Type K (Chromel- ±1.6 mm).
Alumel) thermocouple in the test chamber (F) Center the 2 transducers on opposite
for temperature monitoring. Insert it into sides of the plates at equal distances from
the chamber through a small hole drilled the plate.
through the back of the chamber. Place the (G) The distance of the calorimeter to the
thermocouple so that it extends 11 inches plate must be no less than 0.0625 inches (1.6
(279 mm) out from the back of the chamber mm), and no greater than 0.375 inches (9.5
wall, 111⁄2 inches (292 mm) from the right side mm).
of the chamber wall, and is 2 inches (51 mm) (H) The range used in calibration must be
below the radiant panel. The use of other at least 0–3.5 BTUs/ft 2-second (0–3.9 Watts/
thermocouples is optional. cm 2) and no greater than 0–5.7 BTUs/ft 2-sec-
(6) Calorimeter. The calorimeter must be a ond (0–6.4 Watts/cm 2).
one-inch cylindrical water-cooled, total heat (I) The recording device used must record
flux density, foil type Gardon Gage that has the 2 transducers simultaneously or at least
a range of 0 to 5 BTU/ft 2-second (0 to 5.7 within 1⁄10 of each other.
Watts/cm 2). (8) Calorimeter fixture. With the sliding plat-
(7) Calorimeter calibration specification and form pulled out of the chamber, install the
procedure—(i) Calorimeter specification. (A) calorimeter holding frame and place a sheet
Foil diameter must be 0.25 ±0.005 inches (6.35 of non-combustible material in the bottom
±0.13 mm). of the sliding platform adjacent to the hold-
(B) Foil thickness must be 0.0005 ±0.0001 ing frame. This will prevent heat losses dur-
inches (0.013 ±0.0025 mm). ing calibration. The frame must be 131⁄8
(C) Foil material must be thermocouple inches (333 mm) deep (front to back) by 8
grade Constantan. inches (203 mm) wide and must rest on the
(D) Temperature measurement must be a top of the sliding platform. It must be fab-
Copper Constantan thermocouple. ricated of 1⁄8-inch (3.2 mm) flat stock steel
(E) The copper center wire diameter must and have an opening that accommodates a
be 0.0005 inches (0.013 mm). 1⁄2-inch (12.7 mm) thick piece of refractory
(F) The entire face of the calorimeter must board, which is level with the top of the slid-
be lightly coated with ‘‘Black Velvet’’ paint ing platform. The board must have three 1-
having an emissivity of 96 or greater. inch (25.4 mm) diameter holes drilled
(ii) Calorimeter calibration. (A) The calibra- through the board for calorimeter insertion.
tion method must be by comparison to a like The distance to the radiant panel surface
standardized transducer. from the centerline of the first hole (‘‘zero’’
(B) The standardized transducer must meet position) must be 71⁄2 ±1⁄8-inches (191 ±3 mm).
the specifications given in paragraph II(b)(6) The distance between the centerline of the
of this appendix. first hole to the centerline of the second hole
(C) Calibrate the standard transducer must be 2 inches (51 mm). It must also be the
against a primary standard traceable to the same distance from the centerline of the sec-
National Institute of Standards and Tech- ond hole to the centerline of the third hole.
nology (NIST). See figure F7. A calorimeter holding frame
(D) The method of transfer must be a heat- that differs in construction is acceptable as
ed graphite plate. long as the height from the centerline of the
(E) The graphite plate must be electrically first hole to the radiant panel and the dis-
heated, have a clear surface area on each tance between holes is the same as described
side of the plate of at least 2 by 2 inches (51 in this paragraph.
359
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(9) Instrumentation. Provide a calibrated re- (3) Specimen Dimensions. To facilitate prop-
cording device with an appropriate range or er placement of specimens in the sliding
a computerized data acquisition system to platform housing, cut non-rigid core mate-
measure and record the outputs of the calo- rials, such as fiberglass, 121⁄2 inches (318mm)
rimeter and the thermocouple. The data ac- wide by 23 inches (584mm) long. Cut rigid
quisition system must be capable of record- materials, such as foam, 111⁄2 ±1⁄4 inches (292
ing the calorimeter output every second dur- mm ±6mm) wide by 23 inches (584mm) long in
ing calibration. order to fit properly in the sliding platform
(10) Timing device. Provide a stopwatch or housing and provide a flat, exposed surface
other device, accurate to ±1 second/hour, to equal to the opening in the housing.
measure the time of application of the pilot (d) Specimen conditioning. Condition the
burner flame. test specimens at 70 ±5 °F (21 ±2 °C) and 55
(c) Test specimens—(1) Specimen preparation. percent ±10 percent relative humidity, for a
Prepare and test a minimum of three test minimum of 24 hours prior to testing.
specimens. If an oriented film cover material (e) Apparatus Calibration. (1) With the slid-
is used, prepare and test both the warp and ing platform out of the chamber, install the
fill directions. calorimeter holding frame. Push the plat-
(2) Construction. Test specimens must inform back into the chamber and insert the
clude all materials used in construction of calorimeter into the first hole (‘‘zero’’ posi-
the insulation (including batting, film, tion). See figure F7. Close the bottom door
scrim, tape, etc.). Cut a piece of core mate- located below the sliding platform. The dis-
rial such as foam or fiberglass, and cut a tance from the centerline of the calorimeter
piece of film cover material (if used) large to the radiant panel surface at this point
enough to cover the core material. Heat seal- must be 71⁄2 inches ±1⁄8 (191 mm ±3). Before ig-
ing is the preferred method of preparing fi- niting the radiant panel, ensure that the cal-
berglass samples, since they can be made orimeter face is clean and that there is water
without compressing the fiberglass (‘‘box running through the calorimeter.
sample’’). Cover materials that are not heat (2) Ignite the panel. Adjust the fuel/air
sealable may be stapled, sewn, or taped as mixture to achieve 1.5 BTUs/feet2-second ±5
long as the cover material is sufficiently percent (1.7 Watts/cm2 ±5 percent) at the
over-cut to be drawn down the sides without ‘‘zero’’ position. If using an electric panel,
compressing the core material. The fas- set the power controller to achieve the prop-
tening means should be as continuous as pos- er heat flux. Allow the unit to reach steady
sible along the length of the seams. The state (this may take up to 1 hour). The pilot
specimen thickness must be of the same burner must be off and in the down position
thickness as installed in the airplane. during this time.
360
ER02DE11.093</GPH>
(3) After steady-state conditions have been be 71⁄2 inches ±1⁄8 inch (191 mm ±3) below the
reached, move the calorimeter 2 inches (51 radiant panel.
mm) from the ‘‘zero’’ position (first hole) to (3) Place the retaining/securing frame over
position 1 and record the heat flux. Move the the test specimen. It may be necessary (due
calorimeter to position 2 and record the heat to compression) to adjust the sample (up or
flux. Allow enough time at each position for down) in order to maintain the distance from
the calorimeter to stabilize. Table 1 depicts the sample to the radiant panel (71⁄2 inches
typical calibration values at the three posi- ±1⁄8 inch (191 mm ±3) at ‘‘zero’’ position). With
tions. film/fiberglass assemblies, it is critical to
make a slit in the film cover to purge any air
TABLE 1—CALIBRATION TABLE inside. This allows the operator to maintain
the proper test specimen position (level with
Position BTU/feet2 sec Watts/cm2 the top of the platform) and to allow ventila-
tion of gases during testing. A longitudinal
‘‘Zero’’ Position .. 1.5 1.7 slit, approximately 2 inches (51mm) in
Position 1 ........... 1.51–1.50–1.49 1.71–1.70–1.69 length, must be centered 3 inches ±1⁄2 inch
Position 2 ........... 1.43–1.44 1.62–1.63 (76mm ±13mm) from the left flange of the se-
curing frame. A utility knife is acceptable
(4) Open the bottom door, remove the calo- for slitting the film cover.
rimeter and holder fixture. Use caution as (4) Immediately push the sliding platform
the fixture is very hot. into the chamber and close the bottom door.
(f) Test Procedure. (1) Ignite the pilot burn- (5) Bring the pilot burner flame into con-
er. Ensure that it is at least 2 inches (51 mm) tact with the center of the specimen at the
above the top of the platform. The burner ‘‘zero’’ point and simultaneously start the
may not contact the specimen until the test timer. The pilot burner must be at a 27 de-
begins. gree angle with the sample and be approxi-
(2) Place the test specimen in the sliding mately 1⁄2 inch (12 mm) above the sample.
platform holder. Ensure that the test sample See figure F7. A stop, as shown in figure F8,
surface is level with the top of the platform. allows the operator to position the burner
At ‘‘zero’’ point, the specimen surface must correctly each time.
361
ER02DE11.094</GPH>
Pt. 23, App. G 14 CFR Ch. I (1–1–17 Edition)
(6) Leave the burner in position for 15 sec- explanation of the airplane’s features and
onds and then remove to a position at least data to the extent necessary for mainte-
2 inches (51 mm) above the specimen. nance or preventive maintenance.
(g) Report. (1) Identify and describe the test (2) A description of the airplane and its
specimen. systems and installations including its en-
(2) Report any shrinkage or melting of the gines, propellers, and appliances.
test specimen. (3) Basic control and operation information
(3) Report the flame propagation distance. describing how the airplane components and
If this distance is less than 2 inches, report systems are controlled and how they oper-
this as a pass (no measurement required). ate, including any special procedures and
(4) Report the after-flame time. limitations that apply.
(h) Requirements. (1) There must be no (4) Servicing information that covers de-
flame propagation beyond 2 inches (51 mm) tails regarding servicing points, capacities of
to the left of the centerline of the pilot tanks, reservoirs, types of fluids to be used,
flame application. pressures applicable to the various systems,
(2) The flame time after removal of the location of access panels for inspection and
pilot burner may not exceed 3 seconds on any servicing, locations of lubrication points, lu-
specimen. bricants to be used, equipment required for
[Amdt. 23–23, 43 FR 50594, Oct. 30, 1978, as servicing, tow instructions and limitations,
amended by Amdt. 23–34, 52 FR 1835, Jan. 15, mooring, jacking, and leveling information.
1987; 52 FR 34745, Sept. 14, 1987; Amdt. 23–49, (b) Maintenance instructions. (1) Scheduling
61 FR 5170, Feb. 9, 1996; Amdt. 23–62, 76 FR information for each part of the airplane and
75763, Dec. 2, 2011] its engines, auxiliary power units, propellers,
accessories, instruments, and equipment
APPENDIX G TO PART 23—INSTRUCTIONS that provides the recommended periods at
FOR CONTINUED AIRWORTHINESS
which they should be cleaned, inspected, ad-
justed, tested, and lubricated, and the degree
G23.1 General. (a) This appendix specifies of inspection, the applicable wear tolerances,
requirements for the preparation of Instruc- and work recommended at these periods.
tions for Continued Airworthiness as re- However, the applicant may refer to an ac-
quired by § 23.1529. cessory, instrument, or equipment manufac-
(b) The Instructions for Continued Air- turer as the source of this information if the
worthiness for each airplane must include applicant shows that the item has an excep-
the Instructions for Continued Airworthiness tionally high degree of complexity requiring
for each engine and propeller (hereinafter specialized maintenance techniques, test
designated ‘products’), for each appliance re- equipment, or expertise. The recommended
quired by this chapter, and any required in- overhaul periods and necessary cross ref-
formation relating to the interface of those erence to the Airworthiness Limitations sec-
appliances and products with the airplane. If tion of the manual must also be included. In
Instructions for Continued Airworthiness are addition, the applicant must include an in-
not supplied by the manufacturer of an ap- spection program that includes the fre-
pliance or product installed in the airplane, quency and extent of the inspections nec-
the Instructions for Continued Airworthiness essary to provide for the continued air-
for the airplane must include the informa- worthiness of the airplane.
tion essential to the continued airworthiness (2) Troubleshooting information describing
of the airplane. probable malfunctions, how to recognize
(c) The applicant must submit to the FAA those malfunctions, and the remedial action
a program to show how changes to the In- for those malfunctions.
structions for Continued Airworthiness made (3) Information describing the order and
by the applicant or by the manufacturers of method of removing and replacing products
products and appliances installed in the air- and parts with any necessary precautions to
plane will be distributed. be taken.
G23.2 Format. (a) The Instructions for (4) Other general procedural instructions
Continued Airworthiness must be in the including procedures for system testing dur-
form of a manual or manuals as appropriate ing ground running, symmetry checks,
for the quantity of data to be provided. weighing and determining the center of grav-
(b) The format of the manual or manuals ity, lifting and shoring, and storage limita-
must provide for a practical arrangement. tions.
G23.3 Content. The contents of the manual (c) Diagrams of structural access plates
or manuals must be prepared in the English and information needed to gain access for in-
language. The Instructions for Continued spections when access plates are not pro-
Airworthiness must contain the following vided.
manuals or sections, as appropriate, and in- (d) Details for the application of special in-
formation: spection techniques including radiographic
(a) Airplane maintenance manual or section. and ultrasonic testing where such processes
(1) Introduction information that includes an are specified.
362
Federal Aviation Administration, DOT Pt. 23, App. H
(e) Information needed to apply protective APPENDIX H TO PART 23—INSTALLATION
treatments to the structure after inspection. OF AN AUTOMATIC POWER RESERVE
(f) All data relative to structural fasteners (APR) SYSTEM
such as identification, discard recommenda-
tions, and torque values. H23.1, General.
(g) A list of special tools needed. (a) This appendix specifies requirements
(h) In addition, for commuter category air- for installation of an APR engine power con-
planes, the following information must be trol system that automatically advances
furnished: power or thrust on the operating engine(s) in
the event any engine fails during takeoff.
(1) Electrical loads applicable to the var-
(b) With the APR system and associated
ious systems; systems functioning normally, all applicable
(2) Methods of balancing control surfaces; requirements (except as provided in this ap-
(3) Identification of primary and secondary pendix) must be met without requiring any
structures; and action by the crew to increase power or
(4) Special repair methods applicable to thrust.
the airplane. H23.2, Definitions.
G23.4 Airworthiness Limitations section. The (a) Automatic power reserve system means
Instructions for Continued Airworthiness the entire automatic system used only dur-
must contain a section titled Airworthiness ing takeoff, including all devices both me-
Limitations that is segregated and clearly chanical and electrical that sense engine
distinguishable from the rest of the docu- failure, transmit signals, actuate fuel con-
ment. This section must set forth each man- trols or power levers on operating engines,
datory replacement time, structural inspec- including power sources, to achieve the
tion interval, and related structural inspec- scheduled power increase and furnish cockpit
information on system operation.
tion procedure required for type certifi-
(b) Selected takeoff power, notwithstanding
cation. If the Instructions for Continued Air-
the definition of ‘‘Takeoff Power’’ in part 1
worthiness consist of multiple documents, of the Federal Aviation Regulations, means
the section required by this paragraph must the power obtained from each initial power
be included in the principal manual. This setting approved for takeoff.
section must contain a legible statement in (c) Critical Time Interval, as illustrated in
a prominent location that reads: ‘‘The Air- figure H1, means that period starting at V1
worthiness Limitations section is FAA ap- minus one second and ending at the intersec-
proved and specifies maintenance required tion of the engine and APR failure flight
under §§ 43.16 and 91.403 of the Federal Avia- path line with the minimum performance all
tion Regulations unless an alternative pro- engine flight path line. The engine and APR
gram has been FAA approved.’’ failure flight path line intersects the one-en-
gine-inoperative flight path line at 400 feet
[Amdt. 23–26, 45 FR 60171, Sept. 11, 1980, as above the takeoff surface. The engine and
amended by Amdt. 23–34, 52 FR 1835, Jan. 15, APR failure flight path is based on the air-
1987; 52 FR 34745, Sept. 14, 1987; Amdt. 23–37, plane’s performance and must have a posi-
54 FR 34329, Aug. 18, 1989] tive gradient of at least 0.5 percent at 400
feet above the takeoff surface.
363
Pt. 23, App. H 14 CFR Ch. I (1–1–17 Edition)
H23.3, Reliability and performance require- H23.5, Powerplant controls—general.

ments. (a) In addition to the requirements of
(a) It must be shown that, during the crit- § 23.1141, no single failure or malfunction (or
ical time interval, an APR failure that in- probable combination thereof) of the APR,
creases or does not affect power on either en- including associated systems, may cause the
gine will not create a hazard to the airplane, failure of any powerplant function necessary
or it must be shown that such failures are for safety.
improbable. (b) The APR must be designed to—
(b) It must be shown that, during the crit- (1) Provide a means to verify to the flight
ical time interval, there are no failure modes crew before takeoff that the APR is in an op-
of the APR system that would result in a erating condition to perform its intended
failure that will decrease the power on either function;
engine or it must be shown that such failures (2) Automatically advance power on the
are extremely improbable. operating engines following an engine failure
(c) It must be shown that, during the crit- during takeoff to achieve the maximum at-
ical time interval, there will be no failure of tainable takeoff power without exceeding en-
the APR system in combination with an engine operating limits;
gine failure or it must be shown that such (3) Prevent deactivation of the APR by
failures are extremely improbable. manual adjustment of the power levers fol-
(d) All applicable performance require- lowing an engine failure;
ments must be met with an engine failure (4) Provide a means for the flight crew to
occurring at the most critical point during deactivate the automatic function. This
takeoff with the APR system functioning means must be designed to prevent inad-
normally. vertent deactivation; and
H23.4, Power setting. (5) Allow normal manual decrease or in-
The selected takeoff power set on each en- crease in power up to the maximum takeoff
gine at the beginning of the takeoff roll may power approved for the airplane under the
not be less than— existing conditions through the use of power
(a) The power necessary to attain, at V1, 90 levers, as stated in § 23.1141(c), except as pro-
percent of the maximum takeoff power ap- vided under paragraph (c) of H23.5 of this ap-
proved for the airplane for the existing con- pendix.
ditions; (c) For airplanes equipped with limiters
(b) That required to permit normal oper- that automatically prevent engine operating
ation of all safety-related systems and equip- limits from being exceeded, other means
ment that are dependent upon engine power may be used to increase the maximum level
or power lever position; and of power controlled by the power levers in
(c) That shown to be free of hazardous en- the event of an APR failure. The means must
gine response characteristics when power is be located on or forward of the power levers,
advanced from the selected takeoff power must be easily identified and operated under
level to the maximum approved takeoff all operating conditions by a single action of
power. any pilot with the hand that is normally
364
EC28SE91.030</GPH>
Federal Aviation Administration, DOT Pt. 23, App. H
used to actuate the power levers, and must engine has failed, a warning system inde-
meet the requirements of § 23.777 (a), (b), and pendent of the APR must be provided to give
(c). the pilot a clear warning of any engine fail-
H23.6, Powerplant instruments. ure during takeoff.
In addition to the requirements of § 23.1305: (c) Following an engine failure at V1 or
(a) A means must be provided to indicate above, there must be means for the crew to
when the APR is in the armed or ready con- readily and quickly verify that the APR has
dition. operated satisfactorily.
(b) If the inherent flight characteristics of
the airplane do not provide warning that an [Doc. No. 26344, 58 FR 18979, Apr. 9, 1993]
365
Pt. 23, App. I 14 CFR Ch. I (1–1–17 Edition)
APPENDIX I TO PART 23—SEAPLANE LOADS

366
EC28SE91.031</GPH>
Federal Aviation Administration, DOT Pt. 23, App. J
[Amdt. 23–45, 58 FR 42167, Aug. 6, 1993; 58 FR 51970, Oct. 5, 1993]
APPENDIX J TO PART 23—HIRF ENVI- test levels are expressed in root-mean-square

RONMENTS AND EQUIPMENT HIRF units measured during the peak of the modu-
TEST LEVELS lation cycle.
(a) HIRF environment I is specified in the
This appendix specifies the HIRF environ- following table:
ments and equipment HIRF test levels for

electrical and electronic systems under
§ 23.1308. The field strength values for the
HIRF environments and equipment HIRF
367
EC28SE91.032</GPH>
Pt. 23, Nt. 14 CFR Ch. I (1–1–17 Edition)
TABLE I.—HIRF ENVIRONMENT I (5) From 400 MHz to 8 gigahertz (GHz), use
radiated susceptibility tests at a minimum
Field strength of 150 V/m peak with pulse modulation of 4
(volts/meter) percent duty cycle with a 1 kHz pulse repeti-
Frequency
Peak Average tion frequency. This signal must be switched
on and off at a rate of 1 Hz with a duty cycle
10 kHz–2 MHz ................................... 50 50 of 50 percent.
2 MHz–30 MHz ................................. 100 100 (d) Equipment HIRF Test Level 2. Equipment
30 MHz–100 MHz ............................. 50 50 HIRF test level 2 is HIRF environment II in
100 MHz–400 MHz ........................... 100 100 table II of this appendix reduced by accept-
400 MHz–700 MHz ........................... 700 50
able aircraft transfer function and attenu-
700 MHz–1 GHz ................................ 700 100
GHz–2 GHz ....................................... 2,000 200
ation curves. Testing must cover the fre-
2 GHz–6 GHz .................................... 3,000 200 quency band of 10 kHz to 8 GHz.
6 GHz–8 GHz .................................... 1,000 200 (e) Equipment HIRF Test Level 3. (1) From 10
8 GHz–12 GHz .................................. 3,000 300 kHz to 400 MHz, use conducted susceptibility
12 GHz–18 GHz ................................ 2,000 200 tests, starting at a minimum of 0.15 mA at 10
18 GHz–40 GHz ................................ 600 200 kHz, increasing 20 dB per frequency decade
In this table, the higher field strength applies at the fre- to a minimum of 7.5 mA at 500 kHz.
quency band edges. (2) From 500 kHz to 40 MHz, use conducted
susceptibility tests at a minimum of 7.5 mA.
(b) HIRF environment II is specified in the (3) From 40 MHz to 400 MHz, use conducted
following table: susceptibility tests, starting at a minimum
of 7.5 mA at 40 MHz, decreasing 20 dB per fre-
TABLE II.–HIRF ENVIRONMENT II quency decade to a minimum of 0.75 mA at
400 MHz.
Field strength
(volts/meter) (4) From 100 MHz to 8 GHz, use radiated
Frequency susceptibility tests at a minimum of 5 V/m.
Peak Average
[Doc. No. FAA–2006–23657, 72 FR 44025, Aug. 6,
10 kHz–500 kHz ................................ 20 20 2007]
500 kHz–2 MHz ................................. 30 30
2 MHz–30 MHz ................................. 100 100 EFFECTIVE DATE NOTE: At 81 FR 96689, Dec.
30 MHz–100 MHz ............................. 10 10 30, 2016, Part 23 was revised, effective Aug.
100 MHz–200 MHz ........................... 30 10 30, 2017. For the convenience of the user, the
200 MHz–400 MHz ........................... 10 10 revised text is set forth as follows:
400 MHz–1 GHz ................................ 700 40
1 GHz–2 GHz .................................... 1,300 160 PART 23—AIRWORTHINESS STANDARDS:
2 GHz–4 GHz .................................... 3,000 120
4 GHz–6 GHz .................................... 3,000 160 NORMAL CATEGORY AIRPLANES
6 GHz–8 GHz .................................... 400 170
8 GHz–12 GHz .................................. 1,230 230
Sec.
12 GHz–18 GHz ................................ 730 190 23.1457 Cockpit voice recorders.
18 GHz–40 GHz ................................ 600 150 23.1459 Flight data recorders.
23.1529 Instructions for continued air-
In this table, the higher field strength applies at the fre- worthiness.
quency band edges.
(c) Equipment HIRF Test Level 1. (1) From 10 Subpart A—General

kilohertz (kHz) to 400 megahertz (MHz), use 23.2000 Applicability and definitions.
conducted susceptibility tests with contin- 23.2005 Certification of normal category air-
uous wave (CW) and 1 kHz square wave mod- planes.
ulation with 90 percent depth or greater. The 23.2010 Accepted means of compliance.
conducted susceptibility current must start
at a minimum of 0.6 milliamperes (mA) at 10 Subpart B—Flight
kHz, increasing 20 decibels (dB) per fre-
quency decade to a minimum of 30 mA at 500 PERFORMANCE
kHz. 23.2100 Weight and center of gravity.
(2) From 500 kHz to 40 MHz, the conducted 23.2105 Performance data.
susceptibility current must be at least 30 23.2110 Stall speed.
mA. 23.2115 Takeoff performance.
(3) From 40 MHz to 400 MHz, use conducted 23.2120 Climb requirements.
susceptibility tests, starting at a minimum 23.2125 Climb information.
of 30 mA at 40 MHz, decreasing 20 dB per fre- 23.2130 Landing.
quency decade to a minimum of 3 mA at 400
MHz. FLIGHT CHARACTERISTICS
(4) From 100 MHz to 400 MHz, use radiated 23.2135 Controllability.
susceptibility tests at a minimum of 20 volts 23.2140 Trim.

per meter (V/m) peak with CW and 1 kHz 23.2145 Stability.
square wave modulation with 90 percent 23.2150 Stall characteristics, stall warning,
depth or greater. and spins.
368
Federal Aviation Administration, DOT Pt. 23, Nt.
23.2155 Ground and water handling charac- 23.2435 Powerplant induction and exhaust
teristics. systems.
23.2160 Vibration, buffeting, and high-speed 23.2440 Powerplant fire protection.
characteristics.
23.2165 Performance and flight characteris- Subpart F—Equipment
tics requirements for flight in icing con-
ditions. 23.2500 Airplane level systems require-
ments.
23.2505 Function and installation.
Subpart C—Structures
23.2510 Equipment, systems, and installa-
23.2200 Structural design envelope. tions.
23.2205 Interaction of systems and struc- 23.2515 Electrical and electronic system
tures. lightning protection.
23.2520 High-intensity Radiated Fields
STRUCTURAL LOADS (HIRF) protection.
23.2525 System power generation, storage,
23.2210 Structural design loads. and distribution.
23.2215 Flight load conditions. 23.2530 External and cockpit lighting.
23.2220 Ground and water load conditions. 23.2535 Safety equipment.
23.2225 Component loading conditions. 23.2540 Flight in icing conditions.
23.2230 Limit and ultimate loads. 23.2545 Pressurized system elements.
23.2550 Equipment containing high-energy
STRUCTURAL PERFORMANCE rotors.
23.2235 Structural strength.
23.2240 Structural durability. Subpart G—Flightcrew Interface and Other
23.2245 Aeroelasticity. Information
DESIGN 23.2600 Flightcrew interface.
23.2605 Installation and operation.
23.2250 Design and construction principles. 23.2610 Instrument markings, control mark-
23.2255 Protection of structure. ings, and placards.
23.2260 Materials and processes. 23.2615 Flight, navigation, and powerplant
23.2265 Special factors of safety. instruments.
23.2620 Airplane flight manual.
STRUCTURAL OCCUPANT PROTECTION
APPENDIX A TO PART 23—INSTRUCTIONS FOR
23.2270 Emergency conditions. CONTINUED AIRWORTHINESS
Subpart D—Design and Construction AUTHORITY: 49 U.S.C. 106(f), 106(g), 40113,

44701–44702, 44704, Pub. L. 113–53, 127 Stat. 584
23.2300 Flight control systems. (49 U.S.C. 44704) note.
23.2305 Landing gear systems.
§ 23.1457 Cockpit voice recorders.
23.2310 Buoyancy for seaplanes and amphib-
ians. (a) Each cockpit voice recorder required by
the operating rules of this chapter must be
OCCUPANT SYSTEM DESIGN PROTECTION approved and must be installed so that it
will record the following:
23.2315 Means of egress and emergency (1) Voice communications transmitted
exits. from or received in the airplane by radio.
23.2320 Occupant physical environment. (2) Voice communications of flightcrew
members on the flight deck.
FIRE AND HIGH ENERGY PROTECTION
(3) Voice communications of flightcrew
23.2325 Fire protection. members on the flight deck, using the air-
23.2330 Fire protection in designated fire plane’s interphone system.
zones and adjacent areas. (4) Voice or audio signals identifying navi-
23.2335 Lightning protection. gation or approach aids introduced into a
headset or speaker.
Subpart E—Powerplant (5) Voice communications of flightcrew
members using the passenger loudspeaker
23.2400 Powerplant installation. system, if there is such a system and if the
23.2405 Automatic power or thrust control fourth channel is available in accordance
systems. with the requirements of paragraph (c)(4)(ii)
23.2410 Powerplant installation hazard as- of this section.
sessment. (6) If datalink communication equipment
23.2415 Powerplant ice protection. is installed, all datalink communications,
23.2420 Reversing systems. using an approved data message set.

23.2425 Powerplant operational characteris- Datalink messages must be recorded as the
tics. output signal from the communications unit
23.2430 Fuel system. that translates the signal into usable data.
369
(b) The recording requirements of para- (3) There is an aural or visual means for
graph (a)(2) of this section must be met by preflight checking of the recorder for proper
installing a cockpit-mounted area micro- operation.
phone, located in the best position for re- (4) Any single electrical failure external to
cording voice communications originating at the recorder does not disable both the cock-
the first and second pilot stations and voice pit voice recorder and the flight data re-
communications of other crewmembers on corder.
the flight deck when directed to those sta-
(5) It has an independent power source—
tions. The microphone must be so located
(i) That provides 10 ±1 minutes of electrical
and, if necessary, the preamplifiers and fil-
ters of the recorder must be so adjusted or power to operate both the cockpit voice re-
supplemented, so that the intelligibility of corder and cockpit-mounted area micro-
the recorded communications is as high as phone;
practicable when recorded under flight cock- (ii) That is located as close as practicable
pit noise conditions and played back. Re- to the cockpit voice recorder; and
peated aural or visual playback of the record (iii) To which the cockpit voice recorder
may be used in evaluating intelligibility. and cockpit-mounted area microphone are
(c) Each cockpit voice recorder must be in- switched automatically in the event that all
stalled so that the part of the communica- other power to the cockpit voice recorder is
tion or audio signals specified in paragraph interrupted either by normal shutdown or by
(a) of this section obtained from each of the any other loss of power to the electrical
following sources is recorded on a separate power bus.
channel: (6) It is in a separate container from the
(1) For the first channel, from each boom, flight data recorder when both are required.
mask, or handheld microphone, headset, or If used to comply with only the cockpit voice
speaker used at the first pilot station. recorder requirements, a combination unit
(2) For the second channel from each boom, may be installed.
mask, or handheld microphone, headset, or
(e) The recorder container must be located
speaker used at the second pilot station.
and mounted to minimize the probability of
(3) For the third channel—from the cock-
rupture of the container as a result of crash
pit-mounted area microphone.
impact and consequent heat damage to the
(4) For the fourth channel from:
recorder from fire.
(i) Each boom, mask, or handheld micro-
phone, headset, or speaker used at the sta- (1) Except as provided in paragraph (e)(2) of
tion for the third and fourth crewmembers. this section, the recorder container must be
(ii) If the stations specified in paragraph located as far aft as practicable, but need not
(c)(4)(i) of this section are not required or if be outside of the pressurized compartment,
the signal at such a station is picked up by and may not be located where aft-mounted
another channel, each microphone on the engines may crush the container during im-
flight deck that is used with the passenger pact.
loudspeaker system, if its signals are not (2) If two separate combination digital
picked up by another channel. flight data recorder and cockpit voice re-
(5) And that as far as is practicable all corder units are installed instead of one
sounds received by the microphone listed in cockpit voice recorder and one digital flight
paragraphs (c)(1), (2), and (4) of this section data recorder, the combination unit that is
must be recorded without interruption irre- installed to comply with the cockpit voice
spective of the position of the interphone- recorder requirements may be located near
transmitter key switch. The design shall en- the cockpit.
sure that sidetone for the flightcrew is pro- (f) If the cockpit voice recorder has a bulk
duced only when the interphone, public ad- erasure device, the installation must be de-
dress system, or radio transmitters are in signed to minimize the probability of inad-
use. vertent operation and actuation of the de-
(d) Each cockpit voice recorder must be in- vice during crash impact.
stalled so that:
(g) Each recorder container must—
(1)(i) It receives its electrical power from
(1) Be either bright orange or bright yel-
the bus that provides the maximum reli-
ability for operation of the cockpit voice re- low;
corder without jeopardizing service to essen- (2) Have reflective tape affixed to its exter-
tial or emergency loads. nal surface to facilitate its location under
(ii) It remains powered for as long as pos- water; and
sible without jeopardizing emergency oper- (3) Have an underwater locating device,
ation of the airplane. when required by the operating rules of this
(2) There is an automatic means to simul- chapter, on or adjacent to the container,

taneously stop the recorder and prevent each which is secured in such manner that they
erasure feature from functioning, within 10 are not likely to be separated during crash
minutes after crash impact. impact.
370
§ 23.1459 Flight data recorders. ing. Correlation may be established on the
(a) Each flight recorder required by the op- ground as appropriate.
erating rules of this chapter must be in- (d) Each recorder container must—
stalled so that— (1) Be either bright orange or bright yel-
(1) It is supplied with airspeed, altitude, low;
and directional data obtained from sources (2) Have reflective tape affixed to its exter-
that meet the aircraft level system require- nal surface to facilitate its location under
ments and the functionality specified in water; and
§ 23.2500; (3) Have an underwater locating device,
(2) The vertical acceleration sensor is rig- when required by the operating rules of this
idly attached, and located longitudinally ei- chapter, on or adjacent to the container,
ther within the approved center of gravity which is secured in such a manner that they
limits of the airplane, or at a distance for- are not likely to be separated during crash
ward or aft of these limits that does not ex- impact.
ceed 25 percent of the airplane’s mean aero- (e) Any novel or unique design or oper-
dynamic chord; ational characteristics of the aircraft shall
(3)(i) It receives its electrical power from be evaluated to determine if any dedicated
the bus that provides the maximum reli- parameters must be recorded on flight re-
ability for operation of the flight data recorders in addition to or in place of existing
corder without jeopardizing service to essen- requirements.
tial or emergency loads; § 23.1529 Instructions for continued air-
(ii) It remains powered for as long as pos- worthiness.
sible without jeopardizing emergency oper- The applicant must prepare Instructions
ation of the airplane; for Continued Airworthiness, in accordance
(4) There is an aural or visual means for with appendix A of this part, that are accept-
preflight checking of the recorder for proper able to the Administrator. The instructions
recording of data in the storage medium; may be incomplete at type certification if a
(5) Except for recorders powered solely by program exists to ensure their completion
the engine-driven electrical generator sys- prior to delivery of the first airplane or
tem, there is an automatic means to simul- issuance of a standard certificate of air-
taneously stop a recorder that has a data worthiness, whichever occurs later.
erasure feature and prevent each erasure fea-
ture from functioning, within 10 minutes Subpart A—General
after crash impact;
(6) Any single electrical failure external to § 23.2000 Applicability and definitions.
the recorder does not disable both the cock- (a) This part prescribes airworthiness
pit voice recorder and the flight data re- standards for the issuance of type certifi-
corder; and cates, and changes to those certificates, for
(7) It is in a separate container from the airplanes in the normal category.
cockpit voice recorder when both are re- (b) For the purposes of this part, the fol-
quired. If used to comply with only the flight lowing definition applies:
data recorder requirements, a combination Continued safe flight and landing means an
unit may be installed. If a combination unit airplane is capable of continued controlled
is installed as a cockpit voice recorder to flight and landing, possibly using emergency
comply with § 23.1457(e)(2), a combination procedures, without requiring exceptional
unit must be used to comply with this flight pilot skill or strength. Upon landing, some
data recorder requirement. airplane damage may occur as a result of a
(b) Each non-ejectable record container failure condition.
must be located and mounted so as to mini-
mize the probability of container rupture re- § 23.2005 Certification of normal category
sulting from crash impact and subsequent airplanes.
damage to the record from fire. In meeting (a) Certification in the normal category
this requirement, the record container must applies to airplanes with a passenger-seating
be located as far aft as practicable, but need configuration of 19 or less and a maximum
not be aft of the pressurized compartment, certificated takeoff weight of 19,000 pounds
and may not be where aft-mounted engines or less.
may crush the container upon impact. (b) Airplane certification levels are:
(c) A correlation must be established be- (1) Level 1—for airplanes with a maximum
tween the flight recorder readings of air- seating configuration of 0 to 1 passengers.
speed, altitude, and heading and the cor- (2) Level 2—for airplanes with a maximum
responding readings (taking into account seating configuration of 2 to 6 passengers.
correction factors) of the first pilot’s instru- (3) Level 3—for airplanes with a maximum
ments. The correlation must cover the air- seating configuration of 7 to 9 passengers.
speed range over which the airplane is to be (4) Level 4—for airplanes with a maximum
operated, the range of altitude to which the seating configuration of 10 to 19 passengers.
airplane is limited, and 360 degrees of head- (c) Airplane performance levels are:
371
(1) Low speed—for airplanes with a VNO and cutable consistently by pilots of average
VMO ≤ 250 Knots Calibrated Airspeed (KCAS) skill in atmospheric conditions expected to
and a MMO ≤ 0.6. be encountered in service.
(2) High speed—for airplanes with a VNO or (d) Performance data determined in ac-
VMO > 250 KCAS or a MMO > 0.6. cordance with paragraph (b) of this section
(d) Airplanes not certified for aerobatics must account for losses due to atmospheric
may be used to perform any maneuver inci- conditions, cooling needs, and other demands
dent to normal flying, including— on power sources.
(1) Stalls (except whip stalls); and
(2) Lazy eights, chandelles, and steep § 23.2110 Stall speed.
turns, in which the angle of bank is not more The applicant must determine the airplane
than 60 degrees. stall speed or the minimum steady flight
(e) Airplanes certified for aerobatics may speed for each flight configuration used in
be used to perform maneuvers without limi- normal operations, including takeoff, climb,
tations, other than those limitations estab- cruise, descent, approach, and landing. The
lished under subpart G of this part. stall speed or minimum steady flight speed
determination must account for the most ad-
§ 23.2010 Accepted means of compliance.
verse conditions for each flight configura-
(a) An applicant must comply with this tion with power set at—
part using a means of compliance, which (a) Idle or zero thrust for propulsion sys-
may include consensus standards, accepted tems that are used primarily for thrust; and
by the Administrator. (b) A nominal thrust for propulsion sys-
(b) An applicant requesting acceptance of a tems that are used for thrust, flight control,
means of compliance must provide the and/or high-lift systems.
means of compliance to the FAA in a form
and manner acceptable to the Administrator. § 23.2115 Takeoff performance.
(a) The applicant must determine airplane
Subpart B—Flight takeoff performance accounting for—
(1) Stall speed safety margins;
PERFORMANCE
(2) Minimum control speeds; and
§ 23.2100 Weight and center of gravity. (3) Climb gradients.
(a) The applicant must determine limits (b) For single engine airplanes and levels 1,
for weights and centers of gravity that pro- 2, and 3 low-speed multiengine airplanes,
vide for the safe operation of the airplane. takeoff performance includes the determina-
(b) The applicant must comply with each tion of ground roll and initial climb distance
requirement of this subpart at critical com- to 50 feet (15 meters) above the takeoff sur-
binations of weight and center of gravity face.
within the airplane’s range of loading condi- (c) For levels 1, 2, and 3 high-speed multi-
tions using tolerances acceptable to the Ad- engine airplanes, and level 4 multiengine air-
ministrator. planes, takeoff performance includes a deter-
(c) The condition of the airplane at the mination the following distances after a sud-
time of determining its empty weight and den critical loss of thrust—
center of gravity must be well defined and (1) An aborted takeoff at critical speed;
easily repeatable. (2) Ground roll and initial climb to 35 feet
(11 meters) above the takeoff surface; and
§ 23.2105 Performance data. (3) Net takeoff flight path.
(a) Unless otherwise prescribed, an air-
§ 23.2120 Climb requirements.
plane must meet the performance require-
ments of this subpart in— The design must comply with the following
(1) Still air and standard atmospheric con- minimum climb performance out of ground
ditions at sea level for all airplanes; and effect:
(2) Ambient atmospheric conditions within (a) With all engines operating and in the
the operating envelope for levels 1 and 2 initial climb configuration—
high-speed and levels 3 and 4 airplanes. (1) For levels 1 and 2 low-speed airplanes, a
(b) Unless otherwise prescribed, the appli- climb gradient of 8.3 percent for landplanes
cant must develop the performance data re- and 6.7 percent for seaplanes and amphib-
quired by this subpart for the following con- ians; and
ditions:. (2) For levels 1 and 2 high-speed airplanes,
(1) Airport altitudes from sea level to 10,000 all level 3 airplanes, and level 4 single-en-
feet (3,048 meters); and gines a climb gradient after takeoff of 4 per-
(2) Temperatures above and below standard cent.
day temperature that are within the range of (b) After a critical loss of thrust on multi-
operating limitations, if those temperatures engine airplanes—

could have a negative effect on performance. (1) For levels 1 and 2 low-speed airplanes
(c) The procedures used for determining that do not meet single-engine crash-
takeoff and landing distances must be exe- worthiness requirements, a climb gradient of
372
1.5 percent at a pressure altitude of 5,000 feet (3) With likely reversible flight control or
(1,524 meters) in the cruise configuration(s); propulsion system failure; and
(2) For levels 1 and 2 high-speed airplanes, (4) During configuration changes.
and level 3 low-speed airplanes, a 1 percent (b) The airplane must be able to complete
climb gradient at 400 feet (122 meters) above a landing without causing substantial dam-
the takeoff surface with the landing gear re- age or serious injury using the steepest ap-
tracted and flaps in the takeoff configura- proved approach gradient procedures and
tion(s); and providing a reasonable margin below Vref or
(3) For level 3 high-speed airplanes and all above approach angle of attack.
level 4 airplanes, a 2 percent climb gradient
(c) VMC is the calibrated airspeed at which,
at 400 feet (122 meters) above the takeoff sur-
face with the landing gear retracted and following the sudden critical loss of thrust,
flaps in the approach configuration(s). it is possible to maintain control of the air-
(c) For a balked landing, a climb gradient plane. For multiengine airplanes, the appli-
of 3 percent without creating undue pilot cant must determine VMC, if applicable, for
workload with the landing gear extended and the most critical configurations used in
flaps in the landing configuration(s). takeoff and landing operations.
(d) If the applicant requests certification
§ 23.2125 Climb information. of an airplane for aerobatics, the applicant
(a) The applicant must determine climb must demonstrate those aerobatic maneu-
performance at each weight, altitude, and vers for which certification is requested and
ambient temperature within the operating determine entry speeds.
limitations—
(1) For all single-engine airplanes; § 23.2140 Trim.
(2) For levels 1 and 2 high-speed multien- (a) The airplane must maintain lateral and
gine airplanes and level 3 multiengine air- directional trim without further force upon,
planes, following a critical loss of thrust on or movement of, the primary flight controls
takeoff in the initial climb configuration; or corresponding trim controls by the pilot,
and or the flight control system, under the fol-
(3) For all multiengine airplanes, during lowing conditions:
the enroute phase of flight with all engines
(1) For levels 1, 2, and 3 airplanes in cruise.
operating and after a critical loss of thrust
(2) For level 4 airplanes in normal oper-
in the cruise configuration.
ations.
(b) The applicant must determine the glide
performance for single-engine airplanes after (b) The airplane must maintain longitu-
a complete loss of thrust. dinal trim without further force upon, or
movement of, the primary flight controls or
§ 23.2130 Landing. corresponding trim controls by the pilot, or
The applicant must determine the fol- the flight control system, under the fol-
lowing, for standard temperatures at critical lowing conditions:
combinations of weight and altitude within (1) Climb.
the operational limits: (2) Level flight.
(a) The distance, starting from a height of (3) Descent.
50 feet (15 meters) above the landing surface, (4) Approach.
required to land and come to a stop. (c) Residual control forces must not fa-
(b) The approach and landing speeds, con- tigue or distract the pilot during normal op-
figurations, and procedures, which allow a erations of the airplane and likely abnormal
pilot of average skill to land within the pub-
or emergency operations, including a critical
lished landing distance consistently and
loss of thrust on multiengine airplanes.
without causing damage or injury, and which
allow for a safe transition to the balked § 23.2145 Stability.
landing conditions of this part accounting
for: (a) Airplanes not certified for aerobatics
(1) Stall speed safety margin; and must—
(2) Minimum control speeds. (1) Have static longitudinal, lateral, and
directional stability in normal operations;
FLIGHT CHARACTERISTICS (2) Have dynamic short period and Dutch
roll stability in normal operations; and
§ 23.2135 Controllability.
(3) Provide stable control force feedback
(a) The airplane must be controllable and throughout the operating envelope.
maneuverable, without requiring exceptional (b) No airplane may exhibit any divergent
piloting skill, alertness, or strength, within
longitudinal stability characteristic so un-
the operating envelope—

stable as to increase the pilot’s workload or
(1) At all loading conditions for which cer-
otherwise endanger the airplane and its oc-
tification is requested;
(2) During all phases of flight; cupants.
373
§ 23.2150 Stall characteristics, stall warning, ning at any likely speed up to VMO/MMO, fol-
and spins. lowing—
(a) The airplane must have controllable (1) An inadvertent speed increase; and
stall characteristics in straight flight, turn- (2) A high-speed trim upset for airplanes
ing flight, and accelerated turning flight where dynamic pressure can impair the lon-
with a clear and distinctive stall warning gitudinal trim system operation.
that provides sufficient margin to prevent
inadvertent stalling. § 23.2165 Performance and flight character-
(b) Single-engine airplanes, not certified istics requirements for flight in icing con-
for aerobatics, must not have a tendency to ditions.
inadvertently depart controlled flight. (a) An applicant who requests certification
(c) Levels 1 and 2 multiengine airplanes, for flight in icing conditions defined in part
not certified for aerobatics, must not have a 1 of appendix C to part 25 of this chapter, or
tendency to inadvertently depart controlled an applicant who requests certification for
flight from thrust asymmetry after a critical flight in these icing conditions and any addi-
loss of thrust. tional atmospheric icing conditions, must
(d) Airplanes certified for aerobatics that show the following in the icing conditions
include spins must have controllable stall for which certification is requested under
characteristics and the ability to recover normal operation of the ice protection sys-
within one and one-half additional turns tem(s):
after initiation of the first control action (1) Compliance with each requirement of
from any point in a spin, not exceeding six this subpart, except those applicable to spins
turns or any greater number of turns for and any that must be demonstrated at
which certification is requested, while re- speeds in excess of—
maining within the operating limitations of
(i) 250 knots CAS;
the airplane.
(e) Spin characteristics in airplanes cer- (ii) VMO/MMO or VNE; or
tified for aerobatics that includes spins must (iii) A speed at which the applicant dem-
recover without exceeding limitations and onstrates the airframe will be free of ice ac-
may not result in unrecoverable spins— cretion.
(1) With any typical use of the flight or en- (2) The means by which stall warning is
gine power controls; or provided to the pilot for flight in icing condi-
(2) Due to pilot disorientation or incapaci- tions and non-icing conditions is the same.
tation. (b) If an applicant requests certification
for flight in icing conditions, the applicant
§ 23.2155 Ground and water handling char- must provide a means to detect any icing
acteristics. conditions for which certification is not re-
For airplanes intended for operation on quested and show the airplane’s ability to
land or water, the airplane must have con- avoid or exit those conditions.
trollable longitudinal and directional han- (c) The applicant must develop an oper-
dling characteristics during taxi, takeoff, ating limitation to prohibit intentional
and landing operations. flight, including takeoff and landing, into
icing conditions for which the airplane is not
§ 23.2160 Vibration, buffeting, and high-
speed characteristics. certified to operate.
(a) Vibration and buffeting, for operations
up to VD/MD, must not interfere with the con-
Subpart C—Structures
trol of the airplane or cause excessive fa- § 23.2200 Structural design envelope.
tigue to the flightcrew. Stall warning buffet
within these limits is allowable. The applicant must determine the struc-
(b) For high-speed airplanes and all air- tural design envelope, which describes the
planes with a maximum operating altitude range and limits of airplane design and oper-
greater than 25,000 feet (7,620 meters) pres- ational parameters for which the applicant
sure altitude, there must be no perceptible will show compliance with the requirements
buffeting in cruise configuration at 1g and at of this subpart. The applicant must account
any speed up to VMO/MMO, except stall buf- for all airplane design and operational pa-
feting. rameters that affect structural loads,
(c) For high-speed airplanes, the applicant strength, durability, and aeroelasticity, in-
must determine the positive maneuvering cluding:
load factors at which the onset of perceptible (a) Structural design airspeeds, landing de-
buffet occurs in the cruise configuration scent speeds, and any other airspeed limita-
within the operational envelope. Likely in- tion at which the applicant must show com-
advertent excursions beyond this boundary pliance to the requirements of this subpart.
must not result in structural damage. The structural design airspeeds must—
(d) High-speed airplanes must have recov- (1) Be sufficiently greater than the stalling
ery characteristics that do not result in speed of the airplane to safeguard against
structural damage or loss of control, begin- loss of control in turbulent air; and
374
(2) Provide sufficient margin for the estab- off, landing, and handling conditions on the
lishment of practical operational limiting applicable surface in normal and adverse at-
airspeeds. titudes and configurations.
(b) Design maneuvering load factors not
less than those, which service history shows, § 23.2225 Component loading conditions.
may occur within the structural design enve- The applicant must determine the struc-
lope. tural design loads acting on:
(c) Inertial properties including weight, (a) Each engine mount and its supporting
center of gravity, and mass moments of iner- structure such that both are designed to
tia, accounting for— withstand loads resulting from—
(1) Each critical weight from the airplane (1) Powerplant operation combined with
empty weight to the maximum weight; and flight gust and maneuver loads; and
(2) The weight and distribution of occu- (2) For non-reciprocating powerplants, sud-
pants, payload, and fuel. den powerplant stoppage.
(d) Characteristics of airplane control sys- (b) Each flight control and high-lift sur-
tems, including range of motion and toler- face, their associated system and supporting
ances for control surfaces, high lift devices, structure resulting from—
or other moveable surfaces. (1) The inertia of each surface and mass
(e) Each critical altitude up to the max- balance attachment;
imum altitude. (2) Flight gusts and maneuvers;
(3) Pilot or automated system inputs;
§ 23.2205 Interaction of systems and struc- (4) System induced conditions, including
tures. jamming and friction; and
For airplanes equipped with systems that (5) Taxi, takeoff, and landing operations on
modify structural performance, alleviate the the applicable surface, including downwind
impact of this subpart’s requirements, or taxi and gusts occurring on the applicable
provide a means of compliance with this sub- surface.
part, the applicant must account for the in- (c) A pressurized cabin resulting from the
fluence and failure of these systems when pressurization differential—
showing compliance with the requirements (1) From zero up to the maximum relief
of this subpart. pressure combined with gust and maneuver
loads;
STRUCTURAL LOADS (2) From zero up to the maximum relief
pressure combined with ground and water
§ 23.2210 Structural design loads. loads if the airplane may land with the cabin
(a) The applicant must: pressurized; and
(1) Determine the applicable structural de- (3) At the maximum relief pressure multi-
sign loads resulting from likely externally or plied by 1.33, omitting all other loads.
internally applied pressures, forces, or mo-
ments that may occur in flight, ground and § 23.2230 Limit and ultimate loads.
water operations, ground and water han- The applicant must determine—
dling, and while the airplane is parked or (a) The limit loads, which are equal to the
moored. structural design loads unless otherwise
(2) Determine the loads required by para- specified elsewhere in this part; and
graph (a)(1) of this section at all critical (b) The ultimate loads, which are equal to
combinations of parameters, on and within the limit loads multiplied by a 1.5 factor of
the boundaries of the structural design enve- safety unless otherwise specified elsewhere
lope. in this part.
(b) The magnitude and distribution of the
applicable structural design loads required STRUCTURAL PERFORMANCE
by this section must be based on physical
principles. § 23.2235 Structural strength.
The structure must support:
§ 23.2215 Flight load conditions. (a) Limit loads without—
The applicant must determine the struc- (1) Interference with the safe operation of
tural design loads resulting from the fol- the airplane; and
lowing flight conditions: (2) Detrimental permanent deformation.
(a) Atmospheric gusts where the mag- (b) Ultimate loads.
nitude and gradient of these gusts are based
on measured gust statistics. § 23.2240 Structural durability.
(b) Symmetric and asymmetric maneuvers. (a) The applicant must develop and imple-
(c) Asymmetric thrust resulting from the ment inspections or other procedures to pre-
failure of a powerplant unit. vent structural failures due to foreseeable
causes of strength degradation, which could

§ 23.2220 Ground and water load conditions. result in serious or fatal injuries, or ex-
The applicant must determine the struc- tended periods of operation with reduced
tural design loads resulting from taxi, take- safety margins. Each of the inspections or
375
other procedures developed under this sec- § 23.2255 Protection of structure.
tion must be included in the Airworthiness (a) The applicant must protect each part of
Limitations Section of the Instructions for the airplane, including small parts such as
Continued Airworthiness required by fasteners, against deterioration or loss of
§ 23.1529. strength due to any cause likely to occur in
(b) For Level 4 airplanes, the procedures the expected operational environment.
developed for compliance with paragraph (a) (b) Each part of the airplane must have
of this section must be capable of detecting adequate provisions for ventilation and
structural damage before the damage could drainage.
result in structural failure. (c) For each part that requires mainte-
(c) For pressurized airplanes: nance, preventive maintenance, or servicing,
(1) The airplane must be capable of contin- the applicant must incorporate a means into
ued safe flight and landing following a sud- the aircraft design to allow such actions to
den release of cabin pressure, including sud- be accomplished.
den releases caused by door and window fail-
ures. § 23.2260 Materials and processes.
(2) For airplanes with maximum operating (a) The applicant must determine the suit-
altitude greater than 41,000 feet, the proce- ability and durability of materials used for
dures developed for compliance with para- parts, articles, and assemblies, accounting
graph (a) of this section must be capable of for the effects of likely environmental condi-
detecting damage to the pressurized cabin tions expected in service, the failure of
structure before the damage could result in which could prevent continued safe flight
rapid decompression that would result in se- and landing.
rious or fatal injuries. (b) The methods and processes of fabrica-
(d) The airplane must be designed to mini- tion and assembly used must produce con-
mize hazards to the airplane due to struc- sistently sound structures. If a fabrication
tural damage caused by high-energy frag- process requires close control to reach this
ments from an uncontained engine or rotat- objective, the applicant must perform the
ing machinery failure. process under an approved process specifica-
§ 23.2245 Aeroelasticity. tion.
(c) Except as provided in paragraphs (f) and
(a) The airplane must be free from flutter,
(g) of this section, the applicant must select
control reversal, and divergence—
design values that ensure material strength
(1) At all speeds within and sufficiently be-
with probabilities that account for the criti-
yond the structural design envelope;
cality of the structural element. Design val-
(2) For any configuration and condition of
ues must account for the probability of
operation;
structural failure due to material varia-
(3) Accounting for critical degrees of free-
bility.
dom; and
(d) If material strength properties are re-
(4) Accounting for any critical failures or
quired, a determination of those properties
malfunctions.
must be based on sufficient tests of material
(b) The applicant must establish tolerances
meeting specifications to establish design
for all quantities that affect flutter.
values on a statistical basis.
DESIGN (e) If thermal effects are significant on a
critical component or structure under nor-
§ 23.2250 Design and construction prin- mal operating conditions, the applicant must
ciples. determine those effects on allowable stresses
(a) The applicant must design each part, used for design.
article, and assembly for the expected oper- (f) Design values, greater than the mini-
ating conditions of the airplane. mums specified by this section, may be used,
(b) Design data must adequately define the where only guaranteed minimum values are
part, article, or assembly configuration, its normally allowed, if a specimen of each indi-
design features, and any materials and proc- vidual item is tested before use to determine
esses used. that the actual strength properties of that
(c) The applicant must determine the suit- particular item will equal or exceed those
ability of each design detail and part having used in the design.
an important bearing on safety in oper- (g) An applicant may use other material
ations. design values if approved by the Adminis-
(d) The control system must be free from trator.
jamming, excessive friction, and excessive
deflection when the airplane is subjected to § 23.2265 Special factors of safety.
expected limit airloads. (a) The applicant must determine a special
(e) Doors, canopies, and exits must be pro- factor of safety for each critical design value
tected against inadvertent opening in flight, for each part, article, or assembly for which
unless shown to create no hazard when that critical design value is uncertain, and
opened in flight. for each part, article, or assembly that is—
376
(1) Likely to deteriorate in service before (2) Have a means to prevent the contents of
normal replacement; or the compartment from becoming a hazard by
(2) Subject to appreciable variability be- impacting occupants or shifting; and
cause of uncertainties in manufacturing (3) Protect any controls, wiring, lines,
processes or inspection methods. equipment, or accessories whose damage or
(b) The applicant must determine a special failure would affect safe operations.
factor of safety using quality controls and
specifications that account for each— Subpart D—Design and Construction
(1) Type of application;
(2) Inspection method; § 23.2300 Flight control systems.
(3) Structural test requirement; (a) The applicant must design airplane
(4) Sampling percentage; and flight control systems to:
(5) Process and material control. (1) Operate easily, smoothly, and positively
(c) The applicant must multiply the high- enough to allow proper performance of their
est pertinent special factor of safety in the functions.
design for each part of the structure by each (2) Protect against likely hazards.
limit and ultimate load, or ultimate load (b) The applicant must design trim sys-
only, if there is no corresponding limit load, tems, if installed, to:
such as occurs with emergency condition (1) Protect against inadvertent, incorrect,
loading. or abrupt trim operation.
(2) Provide a means to indicate—
STRUCTURAL OCCUPANT PROTECTION (i) The direction of trim control movement
relative to airplane motion;
§ 23.2270 Emergency conditions. (ii) The trim position with respect to the
(a) The airplane, even when damaged in an trim range;
emergency landing, must protect each occu- (iii) The neutral position for lateral and di-
pant against injury that would preclude rectional trim; and
egress when— (iv) The range for takeoff for all applicant
(1) Properly using safety equipment and requested center of gravity ranges and con-
features provided for in the design; figurations.
(2) The occupant experiences ultimate
static inertia loads likely to occur in an § 23.2305 Landing gear systems.
emergency landing; and (a) The landing gear must be designed to—
(3) Items of mass, including engines or aux- (1) Provide stable support and control to
iliary power units (APUs), within or aft of the airplane during surface operation; and
the cabin, that could injure an occupant, ex- (2) Account for likely system failures and
perience ultimate static inertia loads likely likely operation environments (including an-
to occur in an emergency landing. ticipated limitation exceedances and emer-
(b) The emergency landing conditions spec- gency procedures).
ified in paragraph (a)(1) and (a)(2) of this sec- (b) All airplanes must have a reliable
tion, must— means of stopping the airplane with suffi-
(1) Include dynamic conditions that are cient kinetic energy absorption to account
likely to occur in an emergency landing; and for landing. Airplanes that are required to
(2) Not generate loads experienced by the demonstrate aborted takeoff capability must
occupants, which exceed established human account for this additional kinetic energy.
injury criteria for human tolerance due to (c) For airplanes that have a system that
restraint or contact with objects in the air- actuates the landing gear, there is—
plane. (1) A positive means to keep the landing
(c) The airplane must provide protection gear in the landing position; and
for all occupants, accounting for likely (2) An alternative means available to bring
flight, ground, and emergency landing condi- the landing gear in the landing position
tions. when a non-deployed system position would
(d) Each occupant protection system must be a hazard.
perform its intended function and not create
a hazard that could cause a secondary injury § 23.2310 Buoyancy for seaplanes and am-
to an occupant. The occupant protection sys- phibians.
tem must not prevent occupant egress or Airplanes intended for operations on
interfere with the operation of the airplane water, must—
when not in use. (a) Provide buoyancy of 80 percent in ex-
(e) Each baggage and cargo compartment cess of the buoyancy required to support the
must— maximum weight of the airplane in fresh
(1) Be designed for its maximum weight of water; and
contents and for the critical load distribu- (b) Have sufficient margin so the airplane
tions at the maximum load factors cor- will stay afloat at rest in calm water with-
responding to the flight and ground load con- out capsizing in case of a likely float or hull
ditions determined under this part; flooding.
377
OCCUPANT SYSTEM DESIGN PROTECTION (3) For level 4 airplanes, materials in the
cockpit, cabin, baggage, and cargo compart-
§ 23.2315 Means of egress and emergency ments.
exits.
(b) The following materials must be flame
(a) With the cabin configured for takeoff or resistant—
landing, the airplane is designed to: (1) For levels 1, 2 and 3 airplanes, materials
(1) Facilitate rapid and safe evacuation of
in each compartment accessible in flight;
the airplane in conditions likely to occur fol-
and
lowing an emergency landing, excluding
ditching for level 1, level 2 and single engine (2) Any equipment associated with any
level 3 airplanes. electrical cable installation and that would
(2) Have means of egress (openings, exits or overheat in the event of circuit overload or
emergency exits), that can be readily located fault.
and opened from the inside and outside. The (c) Thermal/acoustic materials in the fuse-
means of opening must be simple and obvi- lage, if installed, must not be a flame propa-
ous and marked inside and outside the air- gation hazard.
plane. (d) Sources of heat within each baggage
(3) Have easy access to emergency exits and cargo compartment that are capable of
when present. igniting adjacent objects must be shielded
(b) Airplanes approved for aerobatics must and insulated to prevent such ignition.
have a means to egress the airplane in flight. (e) For level 4 airplanes, each baggage and
§ 23.2320 Occupant physical environment. cargo compartment must—
(a) The applicant must design the airplane (1) Be located where a fire would be visible
to— to the pilots, or equipped with a fire detec-
(1) Allow clear communication between the tion system and warning system; and
flightcrew and passengers; (2) Be accessible for the manual extin-
(2) Protect the pilot and flight controls guishing of a fire, have a built-in fire extin-
from propellers; and guishing system, or be constructed and
(3) Protect the occupants from serious in- sealed to contain any fire within the com-
jury due to damage to windshields, windows, partment.
and canopies. (f) There must be a means to extinguish
(b) For level 4 airplanes, each windshield any fire in the cabin such that—
and its supporting structure directly in front (1) The pilot, while seated, can easily ac-
of the pilot must withstand, without pene- cess the fire extinguishing means; and
tration, the impact equivalent to a two- (2) For levels 3 and 4 airplanes, passengers
pound bird when the velocity of the airplane
have a fire extinguishing means available
is equal to the airplane’s maximum approach
within the passenger compartment.
flap speed.
(c) The airplane must provide each occu- (g) Each area where flammable fluids or
pant with air at a breathable pressure, free vapors might escape by leakage of a fluid
of hazardous concentrations of gases, vapors, system must—
and smoke during normal operations and (1) Be defined; and
likely failures.. (2) Have a means to minimize the prob-
(d) If a pressurization system is installed ability of fluid and vapor ignition, and the
in the airplane, it must be designed to pro- resultant hazard, if ignition occurs.
tect against— (h) Combustion heater installations must
(1) Decompression to an unsafe level; and be protected from uncontained fire.
(2) Excessive differential pressure.
(e) If an oxygen system is installed in the § 23.2330 Fire protection in designated fire
airplane, it must— zones and adjacent areas.
(1) Effectively provide oxygen to each user (a) Flight controls, engine mounts, and
to prevent the effects of hypoxia; and other flight structures within or adjacent to
(2) Be free from hazards in itself, in its
designated fire zones must be capable of
method of operation, and its effect upon
withstanding the effects of a fire.
other components.
(b) Engines in a designated fire zone must
FIRE AND HIGH ENERGY PROTECTION remain attached to the airplane in the event
of a fire.
§ 23.2325 Fire protection. (c) In designated fire zones, terminals,
(a) The following materials must be self- equipment, and electrical cables used during
extinguishing— emergency procedures must be fire-resistant.
(1) Insulation on electrical wire and elec-
trical cable; § 23.2335 Lightning protection.

(2) For levels 1, 2, and 3 airplanes, mate-
The airplane must be protected against
rials in the baggage and cargo compartments
catastrophic effects from lightning.
inaccessible in flight; and
378
Subpart E—Powerplant § 23.2410 Powerplant installation hazard as-

sessment.
§ 23.2400 Powerplant installation. The applicant must assess each powerplant
(a) For the purpose of this subpart, the air- separately and in relation to other airplane
plane powerplant installation must include systems and installations to show that any
each component necessary for propulsion, hazard resulting from the likely failure of
any powerplant system, component, or ac-
which affects propulsion safety, or provides
cessory will not—
auxiliary power to the airplane.
(a) Prevent continued safe flight and land-
(b) Each airplane engine and propeller ing or, if continued safe flight and landing
must be type certificated, except for engines cannot be ensured, the hazard has been mini-
and propellers installed on level 1 low-speed mized;
airplanes, which may be approved under the (b) Cause serious injury that may be avoid-
airplane type certificate in accordance with ed; and
a standard accepted by the FAA that con- (c) Require immediate action by any crew-
tains airworthiness criteria the Adminis- member for continued operation of any re-
trator has found appropriate and applicable maining powerplant system.
to the specific design and intended use of the
engine or propeller and provides a level of § 23.2415 Powerplant ice protection.
safety acceptable to the FAA. (a) The airplane design, including the in-
(c) The applicant must construct and ar- duction and inlet system, must prevent fore-
range each powerplant installation to ac- seeable accumulation of ice or snow that ad-
count for— versely affects powerplant operation.
(1) Likely operating conditions, including (b) The powerplant installation design
foreign object threats; must prevent any accumulation of ice or
(2) Sufficient clearance of moving parts to snow that adversely affects powerplant oper-
other airplane parts and their surroundings; ation, in those icing conditions for which
(3) Likely hazards in operation including certification is requested.
hazards to ground personnel; and § 23.2420 Reversing systems.
(4) Vibration and fatigue.
Each reversing system must be designed so
(d) Hazardous accumulations of fluids, va- that—
pors, or gases must be isolated from the air- (a) No unsafe condition will result during
plane and personnel compartments, and be normal operation of the system; and
safely contained or discharged. (b) The airplane is capable of continued
(e) Powerplant components must comply safe flight and landing after any single fail-
with their component limitations and instal- ure, likely combination of failures, or mal-
lation instructions or be shown not to create function of the reversing system.
a hazard.
§ 23.2425 Powerplant operational character-
§ 23.2405 Automatic power or thrust control istics.
systems. (a) The installed powerplant must operate
(a) An automatic power or thrust control without any hazardous characteristics dur-
system intended for in-flight use must be de- ing normal and emergency operation within
signed so no unsafe condition will result dur- the range of operating limitations for the
ing normal operation of the system. airplane and the engine.
(b) Any single failure or likely combina- (b) The pilot must have the capability to
tion of failures of an automatic power or stop the powerplant in flight and restart the
thrust control system must not prevent con- powerplant within an established operational
tinued safe flight and landing of the air- envelope.
plane. § 23.2430 Fuel systems.
(c) Inadvertent operation of an automatic
(a) Each fuel system must—
power or thrust control system by the
(1) Be designed and arranged to provide
flightcrew must be prevented, or if not pre-
independence between multiple fuel storage
vented, must not result in an unsafe condi-
and supply systems so that failure of any one
tion.
component in one system will not result in
(d) Unless the failure of an automatic loss of fuel storage or supply of another sys-
power or thrust control system is extremely tem;
remote, the system must— (2) Be designed and arranged to prevent ig-
(1) Provide a means for the flightcrew to nition of the fuel within the system by direct
verify the system is in an operating condi- lightning strikes or swept lightning strokes
tion; to areas where such occurrences are highly
(2) Provide a means for the flightcrew to probable, or by corona or streamering at fuel
override the automatic function; and vent outlets;
(3) Prevent inadvertent deactivation of the (3) Provide the fuel necessary to ensure
system. each powerplant and auxiliary power unit
379
functions properly in all likely operating § 23.2440 Powerplant fire protection.
conditions; (a) A powerplant, auxiliary power unit, or
(4) Provide the flightcrew with a means to combustion heater that includes a flam-
determine the total useable fuel available mable fluid and an ignition source for that
and provide uninterrupted supply of that fuel fluid must be installed in a designated fire
when the system is correctly operated, ac- zone.
counting for likely fuel fluctuations; (b) Each designated fire zone must provide
(5) Provide a means to safely remove or a means to isolate and mitigate hazards to
isolate the fuel stored in the system from the airplane in the event of fire or overheat
the airplane; within the zone.
(6) Be designed to retain fuel under all (c) Each component, line, fitting, and con-
likely operating conditions and minimize trol subject to fire conditions must—
hazards to the occupants during any surviv- (1) Be designed and located to prevent haz-
able emergency landing. For level 4 air- ards resulting from a fire, including any lo-
planes, failure due to overload of the landing cated adjacent to a designated fire zone that
system must be taken into account; and may be affected by fire within that zone;
(7) Prevent hazardous contamination of the (2) Be fire resistant if carrying flammable
fuel supplied to each powerplant and auxil- fluids, gas, or air or required to operate in
iary power unit. event of a fire; and
(b) Each fuel storage system must— (3) Be fireproof or enclosed by a fire proof
(1) Withstand the loads under likely oper- shield if storing concentrated flammable
ating conditions without failure; fluids.
(2) Be isolated from personnel compart- (d) The applicant must provide a means to
ments and protected from hazards due to un- prevent hazardous quantities of flammable
intended temperature influences; fluids from flowing into, within or through
(3) Be designed to prevent significant loss each designated fire zone. This means must—
of stored fuel from any vent system due to (1) Not restrict flow or limit operation of
fuel transfer between fuel storage or supply any remaining powerplant or auxiliary
systems, or under likely operating condi- power unit, or equipment necessary for safe-
tions; ty;
(4) Provide fuel for at least one-half hour of (2) Prevent inadvertent operation; and
operation at maximum continuous power or (3) Be located outside the fire zone unless
thrust; and an equal degree of safety is provided with a
(5) Be capable of jettisoning fuel safely if means inside the fire zone.
required for landing. (e) A means to ensure the prompt detection
(c) Each fuel storage refilling or re- of fire must be provided for each designated
charging system must be designed to— fire zone—
(1) Prevent improper refilling or re- (1) On a multiengine airplane where detec-
charging; tion will mitigate likely hazards to the air-
(2) Prevent contamination of the fuel plane; or
stored during likely operating conditions; (2) That contains a fire extinguisher.
and (f) A means to extinguish fire within a fire
(3) Prevent the occurrence of any hazard to zone, except a combustion heater fire zone,
the airplane or to persons during refilling or must be provided for—
recharging. (1) Any fire zone located outside the pilot’s
view;
§ 23.2435 Powerplant induction and exhaust (2) Any fire zone embedded within the fuse-
systems. lage, which must also include a redundant
(a) The air induction system for each pow- means to extinguish fire; and
erplant or auxiliary power unit and their ac- (3) Any fire zone on a level 4 airplane.
cessories must—
(1) Supply the air required by that power- Subpart F—Equipment
plant or auxiliary power unit and its acces-
sories under likely operating conditions; § 23.2500 Airplane level systems require-
(2) Be designed to prevent likely hazards in ments.
the event of fire or backfire; This section applies generally to installed
(3) Minimize the ingestion of foreign mat- equipment and systems unless a section of
ter; and this part imposes requirements for a specific
(4) Provide an alternate intake if blockage piece of equipment, system, or systems.
of the primary intake is likely. (a) The equipment and systems required
(b) The exhaust system, including exhaust for an airplane to operate safely in the kinds
heat exchangers for each powerplant or aux- of operations for which certification is re-
iliary power unit, must— quested (Day VFR, Night VFR, IFR) must be
(1) Provide a means to safely discharge po- designed and installed to—
tential harmful material; and (1) Meet the level of safety applicable to
(2) Be designed to prevent likely hazards the certification and performance level of
from heat, corrosion, or blockage. the airplane; and
380
(2) Perform their intended function landing of the airplane, must be designed and
throughout the operating and environmental installed such that—
limits for which the airplane is certificated. (1) The function at the airplane level is not
(b) The systems and equipment not covered adversely affected during and after the time
by paragraph (a), considered separately and the airplane is exposed to the HIRF environ-
in relation to other systems, must be de- ment; and
signed and installed so their operation does (2) The system recovers normal operation
not have an adverse effect on the airplane or of that function in a timely manner after the
its occupants. airplane is exposed to the HIRF environ-
ment, unless the system’s recovery conflicts
§ 23.2505 Function and installation. with other operational or functional require-
When installed, each item of equipment ments of the system.
must function as intended. (b) For airplanes approved for IFR oper-
ations, each electrical and electronic system
§ 23.2510 Equipment, systems, and installa- that performs a function, the failure of
tions. which would significantly reduce the capa-
For any airplane system or equipment bility of the airplane or the ability of the
whose failure or abnormal operation has not flightcrew to respond to an adverse oper-
been specifically addressed by another re- ating condition, must be designed and in-
quirement in this part, the applicant must stalled such that the system recovers normal
design and install each system and equip- operation of that function in a timely man-
ment, such that there is a logical and accept- ner after the airplane is exposed to the HIRF
able inverse relationship between the aver- environment.
age probability and the severity of failure
conditions to the extent that: § 23.2525 System power generation, storage,
(a) Each catastrophic failure condition is and distribution.
extremely improbable; The power generation, storage, and dis-
(b) Each hazardous failure condition is ex- tribution for any system must be designed
tremely remote; and and installed to—
(c) Each major failure condition is remote. (a) Supply the power required for operation
of connected loads during all intended oper-
§ 23.2515 Electrical and electronic system ating conditions;
lightning protection. (b) Ensure no single failure or malfunction
An airplane approved for IFR operations of any one power supply, distribution sys-
must meet the following requirements, un- tem, or other utilization system will prevent
less an applicant shows that exposure to the system from supplying the essential
lightning is unlikely: loads required for continued safe flight and
(a) Each electrical or electronic system landing; and
that performs a function, the failure of (c) Have enough capacity, if the primary
which would prevent the continued safe source fails, to supply essential loads, in-
flight and landing of the airplane, must be cluding non-continuous essential loads for
designed and installed such that— the time needed to complete the function re-
(1) The function at the airplane level is not quired for continued safe flight and landing.
adversely affected during and after the time
the airplane is exposed to lightning; and § 23.2530 External and cockpit lighting.
(2) The system recovers normal operation (a) The applicant must design and install
of that function in a timely manner after the all lights to minimize any adverse effects on
airplane is exposed to lightning unless the the performance of flightcrew duties.
system’s recovery conflicts with other oper- (b) Any position and anti-collision lights,
ational or functional requirements of the if required by part 91 of this chapter, must
system. have the intensities, flash rate, colors, fields
(b) Each electrical and electronic system of coverage, and other characteristics to pro-
that performs a function, the failure of vide sufficient time for another aircraft to
which would significantly reduce the capa- avoid a collision.
bility of the airplane or the ability of the (c) Any position lights, if required by part
flightcrew to respond to an adverse oper- 91 of this chapter, must include a red light
ating condition, must be designed and in- on the left side of the airplane, a green light
stalled such that the system recovers normal on the right side of the airplane, spaced lat-
operation of that function in a timely man- erally as far apart as practicable, and a
ner after the airplane is exposed to light- white light facing aft, located on an aft por-
ning. tion of the airplane or on the wing tips.
(d) Any taxi and landing lights must be de-
§ 23.2520 High-intensity Radiated Fields signed and installed so they provide suffi-
(HIRF) protection. cient light for night operations.

(a) Each electrical and electronic systems (e) For seaplanes or amphibian airplanes,
that perform a function, the failure of which riding lights must provide a white light visi-
would prevent the continued safe flight and ble in clear atmospheric conditions.
381
§ 23.2535 Safety equipment. quired to operate the airplane, including
Safety and survival equipment, required by warnings, cautions, and normal indications
the operating rules of this chapter, must be to the responsible crewmember.
reliable, readily accessible, easily identifi- (c) Information concerning an unsafe sys-
able, and clearly marked to identify its tem operating condition must be provided in
method of operation. a timely manner to the crewmember respon-
sible for taking corrective action. The infor-
§ 23.2540 Flight in icing conditions. mation must be clear enough to avoid likely
An applicant who requests certification for crewmember errors.
flight in icing conditions defined in part 1 of
appendix C to part 25 of this chapter, or an § 23.2610 Instrument markings, control
applicant who requests certification for markings, and placards.
flight in these icing conditions and any addi- (a) Each airplane must display in a con-
tional atmospheric icing conditions, must spicuous manner any placard and instrument
show the following in the icing conditions marking necessary for operation.
for which certification is requested: (b) The design must clearly indicate the
(a) The ice protection system provides for function of each cockpit control, other than
safe operation. primary flight controls.
(b) The airplane design must provide pro- (c) The applicant must include instrument
tection from stalling when the autopilot is marking and placard information in the Air-
operating. plane Flight Manual.
§ 23.2545 Pressurized systems elements. § 23.2615 Flight, navigation, and powerplant
Pressurized systems must withstand appro- instruments.
priate proof and burst pressures. (a) Installed systems must provide the
§ 23.2550 Equipment containing high-energy flightcrew member who sets or monitors pa-
rotors. rameters for the flight, navigation, and pow-
erplant, the information necessary to do so
Equipment containing high-energy rotors
during each phase of flight. This information
must be designed or installed to protect the
must—
occupants and airplane from uncontained
fragments. (1) Be presented in a manner that the crew-
member can monitor the parameter and de-
Subpart G—Flightcrew Interface and termine trends, as needed, to operate the air-
plane; and
Other Information
(2) Include limitations, unless the limita-
§ 23.2600 Flightcrew interface. tion cannot be exceeded in all intended oper-
(a) The pilot compartment, its equipment, ations.
and its arrangement to include pilot view, (b) Indication systems that integrate the
must allow each pilot to perform his or her display of flight or powerplant parameters to
duties, including taxi, takeoff, climb, cruise, operate the airplane or are required by the
descent, approach, landing, and perform any operating rules of this chapter must—
maneuvers within the operating envelope of (1) Not inhibit the primary display of flight
the airplane, without excessive concentra- or powerplant parameters needed by any
tion, skill, alertness, or fatigue. flightcrew member in any normal mode of
(b) The applicant must install flight, navi- operation; and
gation, surveillance, and powerplant controls (2) In combination with other systems, be
and displays so qualified flightcrew can mon- designed and installed so information essen-
itor and perform defined tasks associated tial for continued safe flight and landing will
with the intended functions of systems and be available to the flightcrew in a timely
equipment. The system and equipment de- manner after any single failure or probable
sign must minimize flightcrew errors, which combination of failures.
could result in additional hazards.
(c) For level 4 airplanes, the flightcrew § 23.2620 Airplane flight manual.
interface design must allow for continued The applicant must provide an Airplane
safe flight and landing after the loss of vi- Flight Manual that must be delivered with
sion through any one of the windshield pan- each airplane.
els.
(a) The Airplane Flight Manual must con-
§ 23.2605 Installation and operation. tain the following information—
(a) Each item of installed equipment re- (1) Airplane operating limitations;
lated to the flightcrew interface must be (2) Airplane operating procedures;
labelled, if applicable, as to it identification, (3) Performance information;
function, or operating limitations, or any (4) Loading information; and

combination of these factors. (5) Other information that is necessary for
(b) There must be a discernible means of safe operation because of design, operating,
providing system operating parameters re- or handling characteristics.
382
(b) The following sections of the Airplane (3) Basic control and operation information
Flight Manual must be approved by the FAA describing how the airplane components and
in a manner specified by the administrator— systems are controlled and how they oper-
(1) For low-speed, level 1 and 2 airplanes, ate, including any special procedures and
those portions of the Airplane Flight Manual limitations that apply.
containing the information specified in para- (4) Servicing information that covers de-
graph (a)(1) of this section; and tails regarding servicing points, capacities of
(2) For high-speed level 1 and 2 airplanes tanks, reservoirs, types of fluids to be used,
and all level 3 and 4 airplanes, those portions pressures applicable to the various systems,
of the Airplane Flight Manual containing location of access panels for inspection and
the information specified in paragraphs (a)(1) servicing, locations of lubrication points, lu-
thru (a)(4) of this section. bricants to be used, equipment required for
servicing, tow instructions and limitations,
APPENDIX A TO PART 23—INSTRUCTIONS mooring, jacking, and leveling information.
FOR CONTINUED AIRWORTHINESS (b) Maintenance Instructions.
(1) Scheduling information for each part of
A23.1 General the airplane and its engines, auxiliary power
(a) This appendix specifies requirements units, propellers, accessories, instruments,
for the preparation of Instructions for Con- and equipment that provides the rec-
tinued Airworthiness as required by this ommended periods at which they should be
part. cleaned, inspected, adjusted, tested, and lu-
(b) The Instructions for Continued Air- bricated, and the degree of inspection, the
worthiness for each airplane must include applicable wear tolerances, and work rec-
the Instructions for Continued Airworthiness ommended at these periods. However, the ap-
for each engine and propeller (hereinafter plicant may refer to an accessory, instru-
ment, or equipment manufacturer as the
designated ‘‘products’’), for each appliance
source of this information if the applicant
required by this chapter, and any required
shows that the item has an exceptionally
information relating to the interface of
high degree of complexity requiring special-
those appliances and products with the air-
ized maintenance techniques, test equip-
plane. If Instructions for Continued Air-
ment, or expertise. The recommended over-
worthiness are not supplied by the manufac-
haul periods and necessary cross reference to
turer of an appliance or product installed in
the Airworthiness Limitations section of the
the airplane, the Instructions for Continued
manual must also be included. In addition,
Airworthiness for the airplane must include
the applicant must include an inspection
the information essential to the continued
program that includes the frequency and ex-
airworthiness of the airplane.
tent of the inspections necessary to provide
(c) The applicant must submit to the FAA
for the continued airworthiness of the air-
a program to show how changes to the In-
plane.
structions for Continued Airworthiness made
(2) Troubleshooting information describing
by the applicant or by the manufacturers of
probable malfunctions, how to recognize
products and appliances installed in the air-
those malfunctions, and the remedial action
plane will be distributed.
for those malfunctions.
A23.2 Format (3) Information describing the order and
method of removing and replacing products
(a) The Instructions for Continued Air- and parts with any necessary precautions to
worthiness must be in the form of a manual be taken.
or manuals as appropriate for the quantity (4) Other general procedural instructions
of data to be provided. including procedures for system testing dur-
(b) The format of the manual or manuals ing ground running, symmetry checks,
must provide for a practical arrangement. weighing and determining the center of grav-
ity, lifting and shoring, and storage limita-
A23.3 Content
tions.
The contents of the manual or manuals (c) Diagrams of structural access plates
must be prepared in the English language. and information needed to gain access for in-
The Instructions for Continued Airworthi- spections when access plates are not pro-
ness must contain the following manuals or vided.
sections and information: (d) Details for the application of special in-
(a) Airplane maintenance manual or sec- spection techniques including radiographic
tion. and ultrasonic testing where such processes
(1) Introduction information that includes are specified by the applicant.
an explanation of the airplane’s features and (e) Information needed to apply protective
data to the extent necessary for mainte- treatments to the structure after inspection.
nance or preventive maintenance. (f) All data relative to structural fasteners

(2) A description of the airplane and its such as identification, discard recommenda-
systems and installations including its en- tions, and torque values.
gines, propellers, and appliances. (g) A list of special tools needed.
383
(h) In addition, for level 4 airplanes, the 25.107 Takeoff speeds.
following information must be furnished— 25.109 Accelerate-stop distance.
(1) Electrical loads applicable to the var- 25.111 Takeoff path.
ious systems; 25.113 Takeoff distance and takeoff run.
(2) Methods of balancing control surfaces; 25.115 Takeoff flight path.
(3) Identification of primary and secondary 25.117 Climb: general.
structures; and 25.119 Landing climb: All-engines-operating.
(4) Special repair methods applicable to 25.121 Climb: One-engine-inoperative.
the airplane. 25.123 En route flight paths.
25.125 Landing.
A23.4 Airworthiness limitations section.
CONTROLLABILITY AND MANEUVERABILITY
The Instructions for Continued Airworthi-
ness must contain a section titled Airworthi- 25.143 General.
ness Limitations that is segregated and 25.145 Longitudinal control.
clearly distinguishable from the rest of the 25.147 Directional and lateral control.
document. This section must set forth each 25.149 Minimum control speed.
mandatory replacement time, structural in-
TRIM
spection interval, and related structural in-
spection procedure required for type certifi- 25.161 Trim.
cation. If the Instructions for Continued Air-
worthiness consist of multiple documents, STABILITY
the section required by this paragraph must 25.171 General.
be included in the principal manual. This 25.173 Static longitudinal stability.
section must contain a legible statement in 25.175 Demonstration of static longitudinal
a prominent location that reads ‘‘The Air- stability.
worthiness Limitations section is FAA ap- 25.177 Static lateral-directional stability.
proved and specifies maintenance required 25.181 Dynamic stability.
under §§ 43.16 and 91.403 of Title 14 of the Code
of Federal Regulations unless an alternative STALLS
program has been FAA approved.’’ 25.201 Stall demonstration.
25.203 Stall characteristics.
PART 25—AIRWORTHINESS STAND- 25.207 Stall warning.
ARDS: TRANSPORT CATEGORY GROUND AND WATER HANDLING
AIRPLANES CHARACTERISTICS
25.231 Longitudinal stability and control.
SPECIAL FEDERAL AVIATION REGULATION NO. 25.233 Directional stability and control.
13 25.235 Taxiing condition.
SPECIAL FEDERAL AVIATION REGULATION NO. 25.237 Wind velocities.
109 25.239 Spray characteristics, control, and
stability on water.
Subpart A—General
MISCELLANEOUS FLIGHT REQUIREMENTS
Sec.
25.1 Applicability. 25.251 Vibration and buffeting.
25.2 Special retroactive requirements. 25.253 High-speed characteristics.
25.3 Special provisions for ETOPS type de- 25.255 Out-of-trim characteristics.
sign approvals.
25.5 Incorporations by reference. Subpart C—Structure
GENERAL
Subpart B—Flight
25.301 Loads.
GENERAL 25.303 Factor of safety.
25.21 Proof of compliance. 25.305 Strength and deformation.
25.23 Load distribution limits. 25.307 Proof of structure.
25.25 Weight limits.
FLIGHT LOADS
25.27 Center of gravity limits.
25.29 Empty weight and corresponding cen- 25.321 General.
ter of gravity.
25.31 Removable ballast. FLIGHT MANEUVER AND GUST CONDITIONS
25.33 Propeller speed and pitch limits. 25.331 Symmetric maneuvering conditions.
25.333 Flight maneuvering envelope.
PERFORMANCE
25.335 Design airspeeds.

25.101 General. 25.337 Limit maneuvering load factors.
25.103 Stall speed. 25.341 Gust and turbulence loads.
25.105 Takeoff. 25.343 Design fuel and oil loads.
384
25.345 High lift devices. 25.537 Seawing loads.
25.349 Rolling conditions.
25.351 Yaw maneuver conditions. EMERGENCY LANDING CONDITIONS
25.561 General.
SUPPLEMENTARY CONDITIONS
25.562 Emergency landing dynamic condi-
25.361 Engine and auxiliary power unit tions.
torque. 25.563 Structural ditching provisions.
25.362 Engine failure loads.
25.363 Side load on engine and auxiliary FATIGUE EVALUATION
power unit mounts. 25.571 Damage—tolerance and fatigue eval-
25.365 Pressurized compartment loads. uation of structure.
25.367 Unsymmetrical loads due to engine
failure. LIGHTNING PROTECTION
25.371 Gyroscopic loads.
25.373 Speed control devices. 25.581 Lightning protection.
CONTROL SURFACE AND SYSTEM LOADS Subpart D—Design and Construction

25.391 Control surface loads: General. GENERAL
25.393 Loads parallel to hinge line.
25.395 Control system. 25.601 General.
25.397 Control system loads. 25.603 Materials.
25.399 Dual control system. 25.605 Fabrication methods.
25.405 Secondary control system. 25.607 Fasteners.
25.407 Trim tab effects. 25.609 Protection of structure.
25.409 Tabs. 25.611 Accessibility provisions.
25.415 Ground gust conditions. 25.613 Material strength properties and ma-
25.427 Unsymmetrical loads. terial design values.
25.445 Auxiliary aerodynamic surfaces. 25.619 Special factors.
25.457 Wing flaps. 25.621 Casting factors.
25.459 Special devices. 25.623 Bearing factors.
25.625 Fitting factors.
GROUND LOADS 25.629 Aeroelastic stability requirements.
25.471 General. 25.631 Bird strike damage.
25.473 Landing load conditions and assump-
tions. CONTROL SURFACES
25.477 Landing gear arrangement. 25.651 Proof of strength.
25.479 Level landing conditions. 25.655 Installation.
25.481 Tail-down landing conditions. 25.657 Hinges.
25.483 One-gear landing conditions.
25.485 Side load conditions. CONTROL SYSTEMS
25.487 Rebound landing condition.
25.671 General.
25.489 Ground handling conditions.
25.672 Stability augmentation and auto-
25.491 Taxi, takeoff and landing roll.
25.493 Braked roll conditions. matic and power-operated systems.
25.495 Turning. 25.675 Stops.
25.497 Tail-wheel yawing. 25.677 Trim systems.
25.499 Nose-wheel yaw and steering. 25.679 Control system gust locks.
25.503 Pivoting. 25.681 Limit load static tests.
25.507 Reversed braking. 25.683 Operation tests.
25.509 Towing loads. 25.685 Control system details.
25.511 Ground load: unsymmetrical loads on 25.689 Cable systems.
multiple-wheel units. 25.693 Joints.
25.519 Jacking and tie-down provisions. 25.697 Lift and drag devices, controls.
25.699 Lift and drag device indicator.
WATER LOADS 25.701 Flap and slat interconnection.
25.521 General. 25.703 Takeoff warning system.
25.523 Design weights and center of gravity LANDING GEAR
positions.
25.525 Application of loads. 25.721 General.
25.527 Hull and main float load factors. 25.723 Shock absorption tests.
25.529 Hull and main float landing condi- 25.725–25.727 [Reserved]
tions. 25.729 Retracting mechanism.
25.531 Hull and main float takeoff condi- 25.731 Wheels.

tion. 25.733 Tires.
25.533 Hull and main float bottom pressures. 25.735 Brakes and braking systems.
25.535 Auxiliary float loads. 25.737 Skis.
385
FLOATS AND HULLS 25.869 Fire protection: systems.
25.751 Main float buoyancy. MISCELLANEOUS
25.753 Main float design.
25.755 Hulls. 25.871 Leveling means.
25.875 Reinforcement near propellers.
PERSONNEL AND CARGO ACCOMMODATIONS 25.899 Electrical bonding and protection
against static electricity.
25.771 Pilot compartment.
25.772 Pilot compartment doors.
Subpart E—Powerplant
25.773 Pilot compartment view.
25.775 Windshields and windows. GENERAL
25.777 Cockpit controls.
25.779 Motion and effect of cockpit controls. 25.901 Installation.
25.781 Cockpit control knob shape. 25.903 Engines.
25.783 Fuselage doors. 25.904 Automatic takeoff thrust control sys-
25.785 Seats, berths, safety belts, and har- tem (ATTCS).
nesses. 25.905 Propellers.
25.787 Stowage compartments. 25.907 Propeller vibration and fatigue.
25.789 Retention of items of mass in pas- 25.925 Propeller clearance.
senger and crew compartments and gal- 25.929 Propeller deicing.
leys. 25.933 Reversing systems.
25.791 Passenger information signs and plac- 25.934 Turbojet engine thrust reverser sys-
ards. tem tests.
25.937 Turbopropeller-drag limiting sys-
25.793 Floor surfaces.
25.795 Security considerations. tems.
25.939 Turbine engine operating characteris-
EMERGENCY PROVISIONS tics.
25.941 Inlet, engine, and exhaust compat-
25.801 Ditching. ibility.
25.803 Emergency evacuation. 25.943 Negative acceleration.
25.807 Emergency exits. 25.945 Thrust or power augmentation sys-
25.809 Emergency exit arrangement. tem.
25.810 Emergency egress assist means and
escape routes. FUEL SYSTEM
25.811 Emergency exit marking.
25.951 General.
25.812 Emergency lighting.
25.952 Fuel system analysis and test.
25.813 Emergency exit access.
25.953 Fuel system independence.
25.815 Width of aisle.
25.954 Fuel system lightning protection.
25.817 Maximum number of seats abreast.
25.955 Fuel flow.
25.819 Lower deck service compartments
25.957 Flow between interconnected tanks.
(including galleys).
25.959 Unusable fuel supply.
25.820 Lavatory doors.
25.961 Fuel system hot weather operation.
VENTILATION AND HEATING 25.963 Fuel tanks: general.
25.965 Fuel tank tests.
25.831 Ventilation. 25.967 Fuel tank installations.
25.832 Cabin ozone concentration. 25.969 Fuel tank expansion space.
25.833 Combustion heating systems. 25.971 Fuel tank sump.
25.973 Fuel tank filler connection.
PRESSURIZATION
25.975 Fuel tank vents and carburetor vapor
25.841 Pressurized cabins. vents.
25.843 Tests for pressurized cabins. 25.977 Fuel tank outlet.
25.979 Pressure fueling system.
FIRE PROTECTION 25.981 Fuel tank ignition prevention.
25.851 Fire extinguishers. FUEL SYSTEM COMPONENTS
25.853 Compartment interiors.
25.854 Lavatory fire protection. 25.991 Fuel pumps.
25.855 Cargo or baggage compartments. 25.993 Fuel system lines and fittings.
25.856 Thermal/Acoustic insulation mate- 25.994 Fuel system components.
rials. 25.995 Fuel valves.
25.857 Cargo compartment classification. 25.997 Fuel strainer or filter.
25.858 Cargo or baggage compartment 25.999 Fuel system drains.
smoke or fire detection systems. 25.1001 Fuel jettisoning system.
25.859 Combustion heater fire protection.
OIL SYSTEM
25.863 Flammable fluid fire protection.

25.865 Fire protection of flight controls, en- 25.1011 General.
gine mounts, and other flight structure. 25.1013 Oil tanks.
25.867 Fire protection: other components. 25.1015 Oil tank tests.
386
25.1017 Oil lines and fittings. Subpart F—Equipment
25.1019 Oil strainer or filter.
25.1021 Oil system drains. GENERAL
25.1023 Oil radiators. 25.1301 Function and installation.
25.1025 Oil valves. 25.1302 Installed systems and equipment for
25.1027 Propeller feathering system. use by the flightcrew.
COOLING 25.1303 Flight and navigation instruments.
25.1305 Powerplant instruments.
25.1041 General. 25.1307 Miscellaneous equipment.
25.1043 Cooling tests. 25.1309 Equipment, systems, and installa-
25.1045 Cooling test procedures. tions.
25.1310 Power source capacity and distribu-
INDUCTION SYSTEM
tion.
25.1091 Air induction. 25.1316 Electrical and electronic system
25.1093 Induction system icing protection. lightning protection.
25.1101 Carburetor air preheater design. 25.1317 High-intensity Radiated Fields
25.1103 Induction system ducts and air duct (HIRF) Protection.
systems.
25.1105 Induction system screens. INSTRUMENTS: INSTALLATION
25.1107 Inter-coolers and after-coolers.
25.1321 Arrangement and visibility.
EXHAUST SYSTEM 25.1322 Flightcrew alerting.
25.1323 Airspeed indicating system.
25.1121 General. 25.1324 Angle of attack system.
25.1123 Exhaust piping. 25.1325 Static pressure systems.
25.1125 Exhaust heat exchangers. 25.1326 Pitot heat indication systems.
25.1127 Exhaust driven turbo-superchargers. 25.1327 Magnetic direction indicator.
POWERPLANT CONTROLS AND ACCESSORIES 25.1329 Flight guidance system.
25.1331 Instruments using a power supply.
25.1141 Powerplant controls: general. 25.1333 Instrument systems.
25.1142 Auxiliary power unit controls. 25.1337 Powerplant instruments.
25.1143 Engine controls.
25.1145 Ignition switches. ELECTRICAL SYSTEMS AND EQUIPMENT
25.1147 Mixture controls.
25.1351 General.
25.1149 Propeller speed and pitch controls.
25.1353 Electrical equipment and installa-
25.1153 Propeller feathering controls.
tions.
25.1155 Reverse thrust and propeller pitch
25.1355 Distribution system.
settings below the flight regime.
25.1157 Carburetor air temperature controls. 25.1357 Circuit protective devices.
25.1159 Supercharger controls. 25.1360 Precautions against injury.
25.1161 Fuel jettisoning system controls. 25.1362 Electrical supplies for emergency
25.1163 Powerplant accessories. conditions.
25.1165 Engine ignition systems. 25.1363 Electrical system tests.
25.1167 Accessory gearboxes. 25.1365 Electrical appliances, motors, and
transformers.
LIGHTS
25.1181 Designated fire zones; regions in-
cluded. 25.1381 Instrument lights.
25.1182 Nacelle areas behind firewalls, and 25.1383 Landing lights.
engine pod attaching structures con- 25.1385 Position light system installation.
taining flammable fluid lines. 25.1387 Position light system dihedral an-
25.1183 Flammable fluid-carrying compo- gles.
nents. 25.1389 Position light distribution and in-
25.1185 Flammable fluids. tensities.
25.1187 Drainage and ventilation of fire 25.1391 Minimum intensities in the hori-
zones. zontal plane of forward and rear position
25.1189 Shutoff means. lights.
25.1191 Firewalls. 25.1393 Minimum intensities in any vertical
25.1192 Engine accessory section diaphragm. plane of forward and rear position lights.
25.1193 Cowling and nacelle skin. 25.1395 Maximum intensities in overlapping
25.1195 Fire extinguishing systems. beams of forward and rear position
25.1197 Fire extinguishing agents. lights.
25.1199 Extinguishing agent containers. 25.1397 Color specifications.

25.1201 Fire extinguishing system materials. 25.1399 Riding light.
25.1203 Fire detector system. 25.1401 Anticollision light system.
25.1207 Compliance. 25.1403 Wing icing detection lights.
387
SAFETY EQUIPMENT 25.1545 Airspeed limitation information.
25.1547 Magnetic direction indicator.
25.1411 General.
25.1415 Ditching equipment. 25.1549 Powerplant and auxiliary power unit
25.1419 Ice protection. instruments.
25.1420 Supercooled large drop icing condi- 25.1551 Oil quantity indication.
tions. 25.1553 Fuel quantity indicator.
25.1421 Megaphones. 25.1555 Control markings.
25.1423 Public address system. 25.1557 Miscellaneous markings and plac-
ards.
MISCELLANEOUS EQUIPMENT 25.1561 Safety equipment.
25.1563 Airspeed placard.
25.1431 Electronic equipment.
25.1433 Vacuum systems. AIRPLANE FLIGHT MANUAL
25.1435 Hydraulic systems.
25.1438 Pressurization and pneumatic sys- 25.1581 General.
tems. 25.1583 Operating limitations.
25.1439 Protective breathing equipment. 25.1585 Operating procedures.
25.1441 Oxygen equipment and supply. 25.1587 Performance information.
25.1443 Minimum mass flow of supplemental
oxygen. Subpart H—Electrical Wiring
25.1445 Equipment standards for the oxygen Interconnection Systems (EWIS)
distributing system.
25.1447 Equipment standards for oxygen dis- 25.1701 Definition.
pensing units. 25.1703 Function and installation: EWIS.
25.1449 Means for determining use of oxy- 25.1705 Systems and functions: EWIS.
gen. 25.1707 System separation: EWIS.
25.1450 Chemical oxygen generators. 25.1709 System safety: EWIS.
25.1453 Protection of oxygen equipment 25.1711 Component identification: EWIS.
from rupture. 25.1713 Fire protection: EWIS.
25.1455 Draining of fluids subject to freez- 25.1715 Electrical bonding and protection
ing. against static electricity: EWIS.
25.1457 Cockpit voice recorders. 25.1717 Circuit protective devices: EWIS.
25.1459 Flight data recorders. 25.1719 Accessibility provisions: EWIS.
25.1461 Equipment containing high energy 25.1721 Protection of EWIS.
rotors. 25.1723 Flammable fluid fire protection:
EWIS.
Subpart G—Operating Limitations and 25.1725 Powerplants: EWIS.
Information 25.1727 Flammable fluid shutoff means:
EWIS.
25.1501 General. 25.1729 Instructions for Continued Air-
OPERATING LIMITATIONS worthiness: EWIS.
25.1731 Powerplant and APU fire detector
25.1503 Airspeed limitations: general. system: EWIS.
25.1505 Maximum operating limit speed. 25.1733 Fire detector systems, general:
25.1507 Maneuvering speed. EWIS.
25.1511 Flap extended speed.
25.1513 Minimum control speed. Subpart I—Special Federal Aviation
25.1515 Landing gear speeds. Regulations
25.1516 Other speed limitations.
25.1517 Rough air speed, VRA. 25.1801 SFAR No. 111—Lavatory Oxygen
25.1519 Weight, center of gravity, and Systems.
weight distribution. APPENDIX A TO PART 25
25.1521 Powerplant limitations. APPENDIX B TO PART 25
25.1522 Auxiliary power unit limitations. APPENDIX C TO PART 25
25.1523 Minimum flight crew. APPENDIX D TO PART 25
25.1525 Kinds of operation. APPENDIX E TO PART 25
25.1527 Ambient air temperature and oper- APPENDIX F TO PART 25
ating altitude. APPENDIX G TO PART 25—[RESERVED]
25.1529 Instructions for Continued Air- APPENDIX H TO PART 25—INSTRUCTIONS FOR
worthiness. CONTINUED AIRWORTHINESS
25.1531 Maneuvering flight load factors. APPENDIX I TO PART 25—INSTALLATION OF AN
25.1533 Additional operating limitations. AUTOMATIC TAKEOFF THRUST CONTROL
25.1535 ETOPS approval. SYSTEM (ATTCS)
APPENDIX J TO PART 25—EMERGENCY EVACU-

MARKINGS AND PLACARDS
ATION
25.1541 General. APPENDIX K TO PART 25—EXTENDED OPER-
25.1543 Instrument markings: general. ATIONS (ETOPS)
388
APPENDIX L TO PART 25—HIRF ENVIRON- power limitation for the airplane may be in-
MENTS AND EQUIPMENT HIRF TEST LEV- creased to more than 1,200 horsepower but
ELS not to more than 1,350 horsepower per engine
APPENDIX M TO PART 25—FUEL TANK SYSTEM if the increase in power does not adversely
FLAMMABILITY REDUCTION MEANS affect the flight characteristics of the air-
APPENDIX N TO PART 25—FUEL TANK FLAM- plane.
MABILITY EXPOSURE AND RELIABILITY (b) Increase in take-off power limitation to
ANALYSIS more than 1,350 horsepower. The engine take-
APPENDIX O TO PART 25—SUPERCOOLED LARGE off power limitation for the airplane may be
DROP ICING CONDITIONS increased to more than 1,350 horsepower per
AUTHORITY: 49 U.S.C. 106(g), 40113, 44701, engine if compliance is shown with the flight
44702 and 44704. characteristics and ground handling require-
ments of Part 4b.
13, 2016, the authority citation for Part 25 (c) Installation of engines of not more than
was revised, effective Mar. 13, 2017. For the 1,830 cubic inches displacement and not having
convenience of the user, the revised text is a certificated take-off rating of more than 1,350
set forth as follows: horsepower. Engines of not more than 1,830
AUTHORITY: 49 U.S.C. 106(f), 106(g), 40113, cubic inches displacement and not having a
44701, 44702 and 44704. certificated take-off rating of more than
1,350 horsepower which necessitate a major
SOURCE: Docket No. 5066, 29 FR 18291, Dec. modification of redesign of the engine instal-
24, 1964, unless otherwise noted. lation may be installed, if the engine fire
prevention and fire protection are equivalent
SPECIAL FEDERAL AVIATION REGULATION to that on the prior engine installation.
NO. 13 (d) Installation of engines of more than 1,830
1. Applicability. Contrary provisions of the cubic inches displacement or having certificated
Civil Air Regulations regarding certification take-off rating of more than 1,350 horsepower.
notwithstanding, 1 this regulation shall pro- Engines of more than 1,830 cubic inches dis-
vide the basis for approval by the Adminis- placement or having certificated take-off
trator of modifications of individual Douglas rating of more than 1,350 horsepower may be
DC–3 and Lockheed L–18 airplanes subse- installed if compliance is shown with the en-
quent to the effective date of this regulation. gine installation requirements of Part 4b:
2. General modifications. Except as modified Provided, That where literal compliance with
in sections 3 and 4 of this regulation, an ap- the engine installation requirements of Part
plicant for approval of modifications to a 4b is extremely difficult to accomplish and
DC–3 or L–18 airplane which result in would not contribute materially to the ob-
changes in design or in changes to approved jective sought, and the Administrator finds
limitations shall show that the modifica- that the experience with the DC–3 or L–18
tions were accomplished in accordance with airplanes justifies it, he is authorized to ac-
the rules of either Part 4a or Part 4b in ef- cept such measures of compliance as he finds
fect on September 1, 1953, which are applica- will effectively accomplish the basic objec-
ble to the modification being made: Provided, tive.
That an applicant may elect to accomplish a 4. Establishment of new maximum certificated
modification in accordance with the rules of weights. An applicant for approval of new
Part 4b in effect on the date of application maximum certificated weights shall apply
for the modification in lieu of Part 4a or for an amendment of the airworthiness cer-
Part 4b as in effect on September 1, 1953: And tificate of the airplane and shall show that
provided further, That each specific modifica- the weights sought have been established,
tion must be accomplished in accordance and the appropriate manual material ob-
with all of the provisions contained in the tained, as provided in this section.
elected rules relating to the particular modi- NOTE: Transport category performance re-
fication. quirements result in the establishment of
3. Specific conditions for approval. An appli- maximum certificated weights for various
cant for any approval of the following spe- altitudes.
cific changes shall comply with section 2 of (a) Weights–25,200 to 26,900 for the DC–3 and
this regulation as modified by the applicable 18,500 to 19,500 for the L–18. New maximum
provisions of this section. certificated weights of more than 25,200 but
(a) Increase in take-off power limitation— not more than 26,900 pounds for DC–3 and
1,200 to 1,350 horsepower. The engine take-off more than 18,500 but not more than 19,500
pounds for L–18 airplanes may be established
1 It is not intended to waive compliance in accordance with the transport category
with such airworthiness requirements as are performance requirements of either Part 4a

included in the operating parts of the Civil or Part 4b, if the airplane at the new max-
Air Regulations for specific types of oper- imum weights can meet the structural re-
ation. quirements of the elected part.
389
(b) Weights of more than 26,900 for the DC–3 (a) The passenger capacity may not exceed
and 19,500 for the L–18. New maximum certifi- 60. If more than 60 passenger seats are in-
cated weights of more than 26,900 pounds for stalled, then:
DC–3 and 19,500 pounds for L–18 airplanes (1) If the extra seats are not suitable for
shall be established in accordance with the occupancy during taxi, takeoff and landing,
structural performance, flight characteris- each extra seat must be clearly marked (e.g.,
tics, and ground handling requirements of a placard on the top of an armrest, or a
Part 4b: Provided, That where literal compli- placard sewn into the top of the back cush-
ance with the structural requirements of ion) that the seat is not to be occupied dur-
Part 4b is extremely difficult to accomplish ing taxi, takeoff and landing.
and would not contribute materially to the (2) If the extra seats are suitable for occu-
objective sought, and the Administrator pancy during taxi, takeoff and landing (i.e.,
meet all the strength and passenger injury
finds that the experience with the DC–3 or L–
criteria in part 25), then a note must be in-
18 airplanes justifies it, he is authorized to
cluded in the Limitations Section of the Air-
accept such measures of compliance as he
plane Flight Manual that there are extra
finds will effectively accomplish the basic seats installed but that the number of pas-
objective. sengers on the airplane must not exceed 60.
(c) Airplane flight manual-performance oper- Additionally, there must be a placard in-
ating information. An approved airplane flight stalled adjacent to each door that can be
manual shall be provided for each DC–3 and used as a passenger boarding door that states
L–18 airplane which has had new maximum that the maximum passenger capacity is 60.
certificated weights established under this The placard must be clearly legible to pas-
section. The airplane flight manual shall sengers entering the airplane.
contain the applicable performance informa- (b) For airplanes outfitted with interior
tion prescribed in that part of the regula- doors under paragraph 10 of this SFAR, the
tions under which the new certificated airplane flight manual (AFM) must include
weights were established and such additional an appropriate limitation that the airplane
information as may be necessary to enable must be staffed with at least the following
the application of the take-off, en route, and number of flight attendants who meet the re-
landing limitations prescribed for transport quirements of 14 CFR 91.533(b):
category airplanes in the operating parts of (1) The number of flight attendants re-
the Civil Air Regulations. quired by § 91.533(a)(1) and (2) of this chapter,
(d) Performance operating limitations. Each and
airplane for which new maximum certifi- (2) At least one flight attendant if the air-
cated weights are established in accordance plane model was originally certified for 75
with paragraphs (a) or (b) of this section passengers or more.
shall be considered a transport category air- (c) The AFM must include appropriate lim-
plane for the purpose of complying with the itation(s) to require a preflight passenger
performance operating limitations applica- briefing describing the appropriate functions
ble to the operations in which it is utilized. to be performed by the passengers and the
relevant features of the airplane to ensure
5. Reference. Unless otherwise provided, all
the safety of the passengers and crew.
references in this regulation to Part 4a and
(d) The airplane may not be offered for
Part 4b are those parts of the Civil Air Regu-
common carriage or operated for hire. The
lations in effect on September 1, 1953.
operating limitations section of the AFM
This regulation supersedes Special Civil must be revised to prohibit any operations
Air Regulation SR–398 and shall remain ef- involving the carriage of persons or property
fective until superseded or rescinded by the for compensation or hire. The operators may
Board. receive remuneration to the extent con-
[19 FR 5039, Aug. 11, 1954. Redesignated at 29 sistent with parts 125 and 91, subpart F, of
FR 19099, Dec. 30, 1964] this chapter.
(e) A placard stating that ‘‘Operations in-
SPECIAL FEDERAL AVIATION REGULATION volving the carriage of persons or property
for compensation or hire are prohibited,’’
NO. 109 must be located in the area of the Airworthi-
1. Applicability. Contrary provisions of 14 ness Certificate holder at the entrance to the
CFR parts 21, 25, and 119 of this chapter not- flightdeck.
(f) For passenger capacities of 45 to 60 pas-
withstanding, an applicant is entitled to an
sengers, analysis must be submitted that
amended type certificate or supplemental
demonstrates that the airplane can be evacu-
type certificate in the transport category, if
ated in less than 90 seconds under the condi-
the applicant complies with all applicable
tions specified in § 25.803 and appendix J to
provisions of this SFAR.
part 25.
Operations (g) In order for any airplane certified under
this SFAR to be placed in part 135 or part 121
2. General. operations, the airplane must be brought
390
back into full compliance with the applica- not exceed 130g. Pelvic acceleration data
ble operational part. must be processed as defined in FMVSS part
571.214, section S6.13.5 (49 CFR 571.214).
Equipment and Design (5) Body-to-Wall/Furnishing Contact. If the
3. General. Unless otherwise noted, compli- seat is installed aft of a structure—such as
ance is required with the applicable certifi- an interior wall or furnishing that may con-
cation basis for the airplane. Some provi- tact the pelvis, upper arm, chest, or head of
sions of this SFAR impose alternative re- an occupant seated next to the structure—
quirements to certain airworthiness stand- the structure or a conservative representa-
ards that do not apply to airplanes certifi- tion of the structure and its stiffness must
cated to earlier standards. Those airplanes be included in the tests. It is recommended,
with an earlier certification basis are not re- but not required, that the contact surface of
quired to comply with those alternative re- the actual structure be covered with at least
quirements. two inches of energy absorbing protective
4. Occupant Protection. padding (foam or equivalent) such as
(a) Firm Handhold. In lieu of the require- Ensolite.
ments of § 25.785(j), there must be means pro- (6) Shoulder Strap Loads. Where upper torso
vided to enable persons to steady themselves straps (shoulder straps) are used for sofa oc-
in moderately rough air while occupying cupants, the tension loads in individual
aisles that are along the cabin sidewall, or straps may not exceed 1,750 pounds. If dual
where practicable, bordered by seats (seat straps are used for restraining the upper
backs providing a 25-pound minimum break- torso, the total strap tension loads may not
away force are an acceptable means of com- exceed 2,000 pounds.
pliance). (7) Occupant Retention. All side-facing seats
(b) Injury criteria for multiple occupancy require end closures or other means to pre-
side-facing seats. The following require- vent the ATD’s pelvis from translating be-
ments are only applicable to airplanes that yond the end of the seat at any time during
are subject to § 25.562. testing.
(1) Existing Criteria. All injury protection (8) Test Parameters.
criteria of § 25.562(c)(1) through (c)(6) apply to (i) All seat positions need to be occupied by
the occupants of side-facing seating. The ATDs for the longitudinal tests.
Head Injury Criterion (HIC) assessments are (ii) A minimum of one longitudinal test,
only required for head contact with the seat
conducted in accordance with the conditions
and/or adjacent structures.
specified in § 25.562(b)(2), is required to assess
(2) Body-to-Body Contact. Contact between
the injury criteria as follows. Note that if a
the head, pelvis, torso or shoulder area of
seat is installed aft of structure (such as an
one Anthropomorphic Test Dummy (ATD)
interior wall or furnishing) that does not
with the head, pelvis, torso or shoulder area
have a homogeneous surface, an additional
of the ATD in the adjacent seat is not al-
test or tests may be required to demonstrate
lowed during the tests conducted in accord-
that the injury criteria are met for the area
ance with § 25.562(b)(1) and (b)(2). Contact
during rebound is allowed. which an occupant could contact. For exam-
(3) Thoracic Trauma. If the torso of an ATD ple, different yaw angles could result in dif-
at the forward-most seat place impacts the ferent injury considerations and may require
seat and/or adjacent structure during test- separate tests to evaluate.
ing, compliance with the Thoracic Trauma (A) For configurations without structure
Index (TTI) injury criterion must be substan- (such as a wall or bulkhead) installed di-
tiated by dynamic test or by rational anal- rectly forward of the forward seat place, Hy-
ysis based on previous test(s) of a similar brid II ATDs or equivalent must be in all
seat installation. TTI data must be acquired seat places.
with a Side Impact Dummy (SID), as defined (B) For configurations with structure (such
by 49 CFR part 572, subpart F, or an equiva- as a wall or bulkhead) installed directly for-
lent ATD or a more appropriate ATD and ward of the forward seat place, a side impact
must be processed as defined in Federal dummy or equivalent ATD or more appro-
Motor Vehicle Safety Standards (FMVSS) priate ATD must be in the forward seat place
part 571.214, section S6.13.5 (49 CFR 571.214). and a Hybrid II ATD or equivalent must be
The TTI must be less than 85, as defined in in all other seat places.
49 CFR part 572, subpart F. Torso contact (C) The test may be conducted with or
during rebound is acceptable and need not be without deformed floor.
measured. (D) The test must be conducted with either
(4) Pelvis. If the pelvis of an ATD at any no yaw or 10 degrees yaw for evaluating oc-
seat place impacts seat and/or adjacent cupant injury. Deviating from the no yaw
structure during testing, pelvic lateral accel- condition may not result in the critical area
eration injury criteria must be substantiated of contact not being evaluated. The upper
by dynamic test or by rational analysis torso restraint straps, where installed, must
based on previous test(s) of a similar seat in- remain on the occupant’s shoulder during
stallation. Pelvic lateral acceleration may the impact condition of § 25.562(b)(2).
391
(c) For the vertical test, conducted in ac- (a) The sign can be read from the aisle
cordance with the conditions specified in while directly facing the exit, and
§ 25.562(b)(1), Hybrid II ATDs or equivalent (b) The sign can be read from the aisle ad-
must be used in all seat positions. jacent to the passenger seat that is farthest
5. Direct View. In lieu of the requirements from the exit and that does not have an in-
of § 25.785(h)(2), to the extent practical with- tervening bulkhead/divider or exit.
out compromising proximity to a required 9. Emergency Lighting.
floor level emergency exit, the majority of (a) Exit Signs. In lieu of the requirements of
installed flight attendant seats must be lo- § 25.812(b)(1), for airplanes that have a pas-
cated to face the cabin area for which the senger seating configuration, excluding pilot
flight attendant is responsible. seats, of 19 seats or less, the emergency exit
6. Passenger Information Signs. Compliance signs required by § 25.811(d)(1), (2), and (3)
with § 25.791 is required except that for must have red letters at least 1-inch high on
§ 25.791(a), when smoking is to be prohibited, a white background at least 2 inches high.
notification to the passengers may be pro- These signs may be internally electrically il-
vided by a single placard so stating, to be luminated, or self illuminated by other than
conspicuously located inside the passenger electrical means, with an initial brightness
compartment, easily visible to all persons of at least 160 microlamberts. The color may
entering the cabin in the immediate vicinity be reversed in the case of a sign that is self-
of each passenger entry door. illuminated by other than electrical means.
7. Distance Between Exits. For an airplane (b) Floor Proximity Escape Path Marking. In
that is required to comply with § 25.807(f)(4), lieu of the requirements of § 25.812(e)(1), for
in effect as of July 24, 1989, which has more cabin seating compartments that do not
than one passenger emergency exit on each have the main cabin aisle entering and
side of the fuselage, no passenger emergency exiting the compartment, the following are
exit may be more than 60 feet from any adja- applicable:
cent passenger emergency exit on the same (1) After a passenger leaves any passenger
side of the same deck of the fuselage, as seat in the compartment, he/she must be
measured parallel to the airplane’s longitu- able to exit the compartment to the main
dinal axis between the nearest exit edges, cabin aisle using only markings and visual
unless the following conditions are met: features not more that 4 feet above the cabin
(a) Each passenger seat must be located floor, and
within 30 feet from the nearest exit on each (2) Proceed to the exits using the marking
side of the fuselage, as measured parallel to system necessary to accomplish the actions
the airplane’s longitudinal axis, between the in § 25.812(e)(1) and (e)(2).
nearest exit edge and the front of the seat (c) Transverse Separation of the Fuselage. In
bottom cushion. the event of a transverse separation of the
(b) The number of passenger seats located fuselage, compliance must be shown with
between two adjacent pairs of emergency § 25.812(l) except as follows:
exits (commonly referred to as a passenger (1) For each airplane type originally type
zone) or between a pair of exits and a bulk- certificated with a maximum passenger seat-
head or a compartment door (commonly re- ing capacity of 9 or less, not more than 50
ferred to as a ‘‘dead-end zone’’), may not ex- percent of all electrically illuminated emer-
ceed the following: gency lights required by § 25.812 may be ren-
(1) For zones between two pairs of exits, 50 dered inoperative in addition to the lights
percent of the combined rated capacity of that are directly damaged by the separation.
the two pairs of emergency exits. (2) For each airplane type originally type
(2) For zones between one pair of exits and certificated with a maximum passenger seat-
a bulkhead, 40 percent of the rated capacity ing capacity of 10 to 19, not more than 33 per-
of the pair of emergency exits. cent of all electrically illuminated emer-
(c) The total number of passenger seats in gency lights required by § 25.812 may be ren-
the airplane may not exceed 33 percent of the dered inoperative in addition to the lights
maximum seating capacity for the airplane that are directly damaged by the separation.
model using the exit ratings listed in 10. Interior doors. In lieu of the require-
§ 25.807(g) for the original certified exits or ments of § 25.813(e), interior doors may be in-
the maximum allowable after modification stalled between passenger seats and exits,
when exits are deactivated, whichever is less. provided the following requirements are met.
(d) A distance of more than 60 feet between (a) Each door between any passenger seat,
adjacent passenger emergency exits on the occupiable for taxi, takeoff, and landing, and
same side of the same deck of the fuselage, any emergency exit must have a means to
as measured parallel to the airplane’s longi- signal to the flightcrew, at the flightdeck,
tudinal axis between the nearest exit edges, that the door is in the open position for taxi,
is allowed only once on each side of the fuse- takeoff and landing.
lage. (b) Appropriate procedures/limitations

8. Emergency Exit Signs. In lieu of the re- must be established to ensure that any such
quirements of § 25.811(d)(1) and (2) a single door is in the open configuration for takeoff
sign at each exit may be installed provided: and landing.
392
(c) Each door between any passenger seat contents, e.g., soup, sauces, etc., from the ef-
and any exit must have dual means to retain fects of flight loads and turbulence. Re-
it in the open position, each of which is capa- straints must be provided to preclude haz-
ble of reacting the inertia loads specified in ardous movement of cookware and contents.
§ 25.561. These restraints must accommodate any
(d) Doors installed across a longitudinal cookware that is identified for use with the
aisle must translate laterally to open and cooktop. Restraints must be designed to be
close, e.g., pocket doors. easily utilized and effective in service. The
(e) Each door between any passenger seat cookware restraint system should also be de-
and any exit must be frangible in either di- signed so that it will not be easily disabled,
rection. thus rendering it unusable. Placarding must
(f) Each door between any passenger seat be installed which prohibits the use of
and any exit must be operable from either cookware that cannot be accommodated by
side, and if a locking mechanism is installed, the restraint system.
it must be capable of being unlocked from ei- (c) Placarding must be installed which pro-
ther side without the use of special tools. hibits the use of cooktops (i.e., power on any
11. Width of Aisle. Compliance is required burner) during taxi, takeoff, and landing.
with § 25.815, except that aisle width may be (d) Means must be provided to address the
reduced to 0 inches between passenger seats possibility of a fire occurring on or in the
during in-flight operations only, provided immediate vicinity of the cooktop. Two ac-
that the applicant demonstrates that all ceptable means of complying with this re-
areas of the cabin are easily accessible by a
quirement are as follows:
crew member in the event of an emergency
(1) Placarding must be installed that pro-
(e.g., in-flight fire, decompression). Addition-
hibits any burner from being powered when
ally, instructions must be provided at each
the cooktop is unattended. (NOTE: This
passenger seat for restoring the aisle width
would prohibit a single person from cooking
required by § 25.815. Procedures must be es-
tablished and documented in the AFM to en- on the cooktop and intermittently serving
sure that the required aisle widths are pro- food to passengers while any burner is pow-
vided during taxi, takeoff, and landing. ered.) A fire detector must be installed in the
12. Materials for Compartment Interiors. vicinity of the cooktop which provides an au-
Compliance is required with the applicable dible warning in the passenger cabin, and a
provisions of § 25.853, except that compliance fire extinguisher of appropriate size and ex-
with appendix F, parts IV and V, to part 25, tinguishing agent must be installed in the
need not be demonstrated if it can be shown immediate vicinity of the cooktop. Access to
by test or a combination of test and analysis the extinguisher may not be blocked by a
that the maximum time for evacuation of all fire on or around the cooktop.
occupants does not exceed 45 seconds under (2) An automatic, thermally activated fire
the conditions specified in appendix J to part suppression system must be installed to ex-
25. tinguish a fire at the cooktop and imme-
13. Fire Detection. For airplanes with a type diately adjacent surfaces. The agent used in
certificated passenger capacity of 20 or more, the system must be an approved total flood-
there must be means that meet the require- ing agent suitable for use in an occupied
ments of § 25.858(a) through (d) to signal the area. The fire suppression system must have
flightcrew in the event of a fire in any iso- a manual override. The automatic activation
lated room not occupiable for taxi, takeoff of the fire suppression system must also
and landing, which can be closed off from the automatically shut off power to the cooktop.
rest of the cabin by a door. The indication (e) The surfaces of the galley surrounding
must identify the compartment where the the cooktop which would be exposed to a fire
fire is located. This does not apply to lava- on the cooktop surface or in cookware on the
tories, which continue to be governed by cooktop must be constructed of materials
§ 25.854. that comply with the flammability require-
14. Cooktops. Each cooktop must be de- ments of part III of appendix F to part 25.
signed and installed to minimize any poten- This requirement is in addition to the flam-
tial threat to the airplane, passengers, and mability requirements typically required of
crew. Compliance with this requirement the materials in these galley surfaces. Dur-
must be found in accordance with the fol- ing the selection of these materials, consid-
lowing criteria: eration must also be given to ensure that the
(a) Means, such as conspicuous burner-on flammability characteristics of the mate-
indicators, physical barriers, or handholds, rials will not be adversely affected by the use
must be installed to minimize the potential of cleaning agents and utensils used to re-
for inadvertent personnel contact with hot move cooking stains.
surfaces of both the cooktop and cookware. (f) The cooktop must be ventilated with a
Conditions of turbulence must be considered. system independent of the airplane cabin and
(b) Sufficient design means must be in- cargo ventilation system. Procedures and
cluded to restrain cookware while in place time intervals must be established to inspect
on the cooktop, as well as representative and clean or replace the ventilation system
393
§ 25.1 14 CFR Ch. I (1–1–17 Edition)
to prevent a fire hazard from the accumula- § 25.2 Special retroactive require-
tion of flammable oils and be included in the ments.
instructions for continued airworthiness.
The ventilation system ducting must be pro- The following special retroactive re-
tected by a flame arrestor. [NOTE: The appli- quirements are applicable to an air-
cant may find additional useful information plane for which the regulations ref-
in Society of Automotive Engineers, Aero- erenced in the type certificate predate
space Recommended Practice 85, Rev. E, en- the sections specified below—
titled ‘‘Air Conditioning Systems for Sub- (a) Irrespective of the date of applica-
sonic Airplanes,’’ dated August 1, 1991.] tion, each applicant for a supplemental
(g) Means must be provided to contain type certificate (or an amendment to a
spilled foods or fluids in a manner that will
prevent the creation of a slipping hazard to
type certificate) involving an increase
occupants and will not lead to the loss of in passenger seating capacity to a total
structural strength due to airplane corro- greater than that for which the air-
sion. plane has been type certificated must
(h) Cooktop installations must provide show that the airplane concerned
adequate space for the user to immediately meets the requirements of:
escape a hazardous cooktop condition. (1) Sections 25.721(d), 25.783(g),
(i) A means to shut off power to the 25.785(c), 25.803(c)(2) through (9), 25.803
cooktop must be provided at the galley con- (d) and (e), 25.807 (a), (c), and (d), 25.809
taining the cooktop and in the cockpit. If ad- (f) and (h), 25.811, 25.812, 25.813 (a), (b),
ditional switches are introduced in the cock-
and (c), 25.815, 25.817, 25.853 (a) and (b),
pit, revisions to smoke or fire emergency
procedures of the AFM will be required. 25.855(a), 25.993(f), and 25.1359(c) in ef-
(j) If the cooktop is required to have a lid fect on October 24, 1967, and
to enclose the cooktop there must be a (2) Sections 25.803(b) and 25.803(c)(1)
means to automatically shut off power to in effect on April 23, 1969.
the cooktop when the lid is closed. (b) Irrespective of the date of applica-
15. Hand-Held Fire Extinguishers. tion, each applicant for a supplemental
(a) For airplanes that were originally type type certificate (or an amendment to a
certificated with more than 60 passengers, type certificate) for an airplane manu-
the number of hand-held fire extinguishers factured after October 16, 1987, must
must be the greater of— show that the airplane meets the re-
(1) That provided in accordance with the quirements of § 25.807(c)(7) in effect on
requirements of § 25.851, or
July 24, 1989.
(2) A number equal to the number of origi-
nally type certificated exit pairs, regardless (c) Compliance with subsequent revi-
of whether the exits are deactivated for the sions to the sections specified in para-
proposed configuration. graph (a) or (b) of this section may be
(b) Extinguishers must be evenly distrib- elected or may be required in accord-
uted throughout the cabin. These extin- ance with § 21.101(a) of this chapter.
guishers are in addition to those required by
paragraph 14 of this SFAR, unless it can be [Amdt. 25–72, 55 FR 29773, July 20, 1990, as
shown that the cooktop was installed in the amended by Amdt. 25–99, 65 FR 36266, June 7,
immediate vicinity of the original exits. 2000]
16. Security. The requirements of § 25.795 are
not applicable to airplanes approved in ac-
§ 25.3 Special provisions for ETOPS
cordance with this SFAR.
type design approvals.
(a) Applicability. This section applies
[Doc. No. FAA–2007–28250, 74 FR 21541, May 8,
2009] to an applicant for ETOPS type design
approval of an airplane:
(1) That has an existing type certifi-
Subpart A—General cate on February 15, 2007; or
(2) For which an application for an
original type certificate was submitted
(a) This part prescribes airworthiness before February 15, 2007.
standards for the issue of type certifi- (b) Airplanes with two engines. (1) For
cates, and changes to those certifi- ETOPS type design approval of an air-
cates, for transport category airplanes. plane up to and including 180 minutes,
(b) Each person who applies under an applicant must comply with
Part 21 for such a certificate or change § 25.1535, except that it need not comply
must show compliance with the appli- with the following provisions of Appen-
cable requirements in this part. dix K, K25.1.4, of this part:
394
(i) K25.1.4(a), fuel system pressure www.fire.tc.faa.gov/systems/fueltank/

and flow requirements; FTFAM.stm.
(ii) K25.1.4(a)(3), low fuel alerting; (2) [Reserved]
and [73 FR 42494, July 21, 2008]
(iii) K25.1.4(c), engine oil tank design.
(2) For ETOPS type design approval Subpart B—Flight
of an airplane beyond 180 minutes an
applicant must comply with § 25.1535. GENERAL
(c) Airplanes with more than two en-
gines. An applicant for ETOPS type de- § 25.21 Proof of compliance.
sign approval must comply with (a) Each requirement of this subpart
§ 25.1535 for an airplane manufactured must be met at each appropriate com-
on or after February 17, 2015, except bination of weight and center of grav-
that, for an airplane configured for a ity within the range of loading condi-
three person flight crew, the applicant tions for which certification is re-
need not comply with Appendix K, quested. This must be shown—
K25.1.4(a)(3), of this part, low fuel alert- (1) By tests upon an airplane of the
ing. type for which certification is re-
quested, or by calculations based on,
[Doc. No. FAA–2002–6717, 72 FR 1873, Jan. 16,
2007] and equal in accuracy to, the results of
testing; and
§ 25.5 Incorporations by reference. (2) By systematic investigation of
each probable combination of weight
(a) The materials listed in this sec- and center of gravity, if compliance
tion are incorporated by reference in cannot be reasonably inferred from
the corresponding sections noted. combinations investigated.
These incorporations by reference were (b) [Reserved]
approved by the Director of the Federal (c) The controllability, stability,
Register in accordance with 5 U.S.C. trim, and stalling characteristics of
552(a) and 1 CFR part 51. These mate- the airplane must be shown for each al-
rials are incorporated as they exist on titude up to the maximum expected in
the date of the approval, and notice of operation.
any change in these materials will be (d) Parameters critical for the test
published in the FEDERAL REGISTER. being conducted, such as weight, load-
The materials are available for pur- ing (center of gravity and inertia), air-
chase at the corresponding addresses speed, power, and wind, must be main-
noted below, and all are available for tained within acceptable tolerances of
inspection at the National Archives the critical values during flight test-
and Records Administration (NARA), ing.
and at FAA, Transport Airplane Direc- (e) If compliance with the flight
torate, Aircraft Certification Service, characteristics requirements is depend-
1601 Lind Avenue, SW., Renton, Wash- ent upon a stability augmentation sys-
ington 98057–3356. For information on tem or upon any other automatic or
the availability of this material at power-operated system, compliance
NARA, call 202–741–6030, or go to: http:// must be shown with §§ 25.671 and 25.672.
www.archives.gov/federallregister/ (f) In meeting the requirements of
codeloflfederallregulations/ §§ 25.105(d), 25.125, 25.233, and 25.237, the
ibrllocations.html. wind velocity must be measured at a
(b) The following materials are avail- height of 10 meters above the surface,
able for purchase from the following or corrected for the difference between
address: The National Technical Infor- the height at which the wind velocity
mation Services (NTIS), Springfield, is measured and the 10-meter height.
Virginia 22166. (g) The requirements of this subpart
(1) Fuel Tank Flammability Assess- associated with icing conditions apply
ment Method User’s Manual, dated only if the applicant is seeking certifi-
May 2008, document number DOT/FAA/ cation for flight in icing conditions.
AR–05/8, IBR approved for § 25.981 and (1) Paragraphs (g)(3) and (4) of this
Appendix N. It can also be obtained at section apply only to airplanes with
the following Web site: http:// one or both of the following attributes:
395
§ 25.23 14 CFR Ch. I (1–1–17 Edition)
(i) Maximum takeoff gross weight is (d) of Appendix O, assuming normal op-
less than 60,000 lbs; or eration of the airplane and its ice pro-
(ii) The airplane is equipped with re- tection system in accordance with the
versible flight controls. operating limitations and operating
(2) Each requirement of this subpart, procedures established by the applicant
except §§ 25.121(a), 25.123(c), 25.143(b)(1) and provided in the airplane flight
and (2), 25.149, 25.201(c)(2), 25.239, and manual.
25.251(b) through (e), must be met in
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
the icing conditions specified in Appen-
dix C of this part. Section 25.207(c) and 1970; Amdt. 25–42, 43 FR 2320, Jan. 16, 1978;
(d) must be met in the landing configu- Amdt. 25–72, 55 FR 29774, July 20, 1990; Amdt.
ration in the icing conditions specified 25–121, 72 FR 44665, Aug. 8, 2007 Amdt. 25–135,
in Appendix C, but need not be met for 76 FR 74654, Dec. 1, 2011; Amdt. 25–140, 79 FR
other configurations. Compliance must 65524, Nov. 4, 2014]
be shown using the ice accretions de-
fined in part II of Appendix C of this § 25.23 Load distribution limits.
part, assuming normal operation of the (a) Ranges of weights and centers of
airplane and its ice protection system gravity within which the airplane may
in accordance with the operating limi- be safely operated must be established.
tations and operating procedures estab- If a weight and center of gravity com-
lished by the applicant and provided in bination is allowable only within cer-
the airplane flight manual. tain load distribution limits (such as
(3) If the applicant does not seek cer- spanwise) that could be inadvertently
tification for flight in all icing condi- exceeded, these limits and the cor-
tions defined in Appendix O of this responding weight and center of grav-
part, each requirement of this subpart, ity combinations must be established.
except §§ 25.105, 25.107, 25.109, 25.111, (b) The load distribution limits may
25.113, 25.115, 25.121, 25.123, 25.143(b)(1), not exceed—
(b)(2), and (c)(1), 25.149, 25.201(c)(2), (1) The selected limits;
25.207(c), (d), and (e)(1), 25.239, and (2) The limits at which the structure
25.251(b) through (e), must be met in is proven; or
the Appendix O icing conditions for
(3) The limits at which compliance
which certification is not sought in
with each applicable flight require-
order to allow a safe exit from those
ment of this subpart is shown.
conditions. Compliance must be shown
using the ice accretions defined in part § 25.25 Weight limits.
II, paragraphs (b) and (d) of Appendix
O, assuming normal operation of the (a) Maximum weights. Maximum
airplane and its ice protection system weights corresponding to the airplane
in accordance with the operating limi- operating conditions (such as ramp,
tations and operating procedures estab- ground or water taxi, takeoff, en route,
lished by the applicant and provided in and landing), environmental conditions
the airplane flight manual. (such as altitude and temperature), and
(4) If the applicant seeks certifi- loading conditions (such as zero fuel
cation for flight in any portion of the weight, center of gravity position and
icing conditions of Appendix O of this weight distribution) must be estab-
part, each requirement of this subpart, lished so that they are not more than—
except §§ 25.121(a), 25.123(c), 25.143(b)(1) (1) The highest weight selected by
and (2), 25.149, 25.201(c)(2), 25.239, and the applicant for the particular condi-
25.251(b) through (e), must be met in tions; or
the Appendix O icing conditions for (2) The highest weight at which com-
which certification is sought. Section pliance with each applicable structural
25.207(c) and (d) must be met in the loading and flight requirement is
landing configuration in the Appendix shown, except that for airplanes
O icing conditions for which certifi- equipped with standby power rocket
cation is sought, but need not be met engines the maximum weight must not
for other configurations. Compliance be more than the highest weight estab-
must be shown using the ice accretions lished in accordance with appendix E of
defined in part II, paragraphs (c) and this part; or
396
(3) The highest weight at which com- must be one that is well defined and
pliance is shown with the certification can be easily repeated.
requirements of Part 36 of this chapter. [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
(b) Minimum weight. The minimum amended by Amdt. 25–42, 43 FR 2320, Jan. 16,
weight (the lowest weight at which 1978; Amdt. 25–72, 55 FR 29774, July 20, 1990]
compliance with each applicable re-
quirement of this part is shown) must § 25.31 Removable ballast.
be established so that it is not less Removable ballast may be used on
than— showing compliance with the flight re-
(1) The lowest weight selected by the quirements of this subpart.
applicant; § 25.33 Propeller speed and pitch lim-
(2) The design minimum weight (the its.
lowest weight at which compliance
(a) The propeller speed and pitch
with each structural loading condition
must be limited to values that will en-
of this part is shown); or sure—
(3) The lowest weight at which com- (1) Safe operation under normal oper-
pliance with each applicable flight re- ating conditions; and
quirement is shown. (2) Compliance with the performance
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as requirements of §§ 25.101 through 25.125.
amended by Amdt. 25–23, 35 FR 5671, Apr. 8, (b) There must be a propeller speed
1970; Amdt. 25–63, 53 FR 16365, May 6, 1988] limiting means at the governor. It
must limit the maximum possible gov-
§ 25.27 Center of gravity limits. erned engine speed to a value not ex-
ceeding the maximum allowable r.p.m.
The extreme forward and the extreme
(c) The means used to limit the low
aft center of gravity limitations must pitch position of the propeller blades
be established for each practicably sep- must be set so that the engine does not
arable operating condition. No such exceed 103 percent of the maximum al-
limit may lie beyond— lowable engine rpm or 99 percent of an
(a) The extremes selected by the ap- approved maximum overspeed, which-
plicant; ever is greater, with—
(b) The extremes within which the (1) The propeller blades at the low
structure is proven; or pitch limit and governor inoperative;
(c) The extremes within which com- (2) The airplane stationary under
pliance with each applicable flight re- standard atmospheric conditions with
quirement is shown. no wind; and
(3) The engines operating at the take-
§ 25.29 Empty weight and cor- off manifold pressure limit for recipro-
responding center of gravity. cating engine powered airplanes or the
maximum takeoff torque limit for tur-
(a) The empty weight and cor-
bopropeller engine-powered airplanes.
responding center of gravity must be
determined by weighing the airplane [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
with— amended by Amdt. 25–57, 49 FR 6848, Feb. 23,
1984; Amdt. 25–72, 55 FR 29774, July 20, 1990]
(1) Fixed ballast;
(2) Unusable fuel determined under PERFORMANCE
§ 25.959; and
(3) Full operating fluids, including— § 25.101 General.
(i) Oil; (a) Unless otherwise prescribed, air-
(ii) Hydraulic fluid; and planes must meet the applicable per-
(iii) Other fluids required for normal formance requirements of this subpart
operation of airplane systems, except for ambient atmospheric conditions
potable water, lavatory precharge and still air.
water, and fluids intended for injection (b) The performance, as affected by
engine power or thrust, must be based
in the engine.
(b) The condition of the airplane at on the following relative humidities;
(1) For turbine engine powered air-
the time of determining empty weight
planes, a relative humidity of—
397
§ 25.103 14 CFR Ch. I (1–1–17 Edition)
(i) 80 percent, at and below standard made in accordance with procedures es-
temperatures; and tablished by the applicant for oper-
(ii) 34 percent, at and above standard ation in service.
temperatures plus 50 °F. (g) Procedures for the execution of
Between these two temperatures, the balked landings and missed approaches
relative humidity must vary linearly. associated with the conditions pre-
(2) For reciprocating engine powered scribed in §§ 25.119 and 25.121(d) must be
airplanes, a relative humidity of 80 per- established.
cent in a standard atmosphere. Engine (h) The procedures established under
power corrections for vapor pressure paragraphs (f) and (g) of this section
must be made in accordance with the must—
following table: (1) Be able to be consistently exe-
cuted in service by crews of average
Vapor Specific humidity Density ratio
Altitude pressure e w (Lb. moisture r/s= skill;
H (ft.) (In. Hg.) per lb. dry air) 0.0023769 (2) Use methods or devices that are
0 0.403 0.00849 0.99508 safe and reliable; and
1,000 .354 .00773 .96672 (3) Include allowance for any time
2,000 .311 .00703 .93895 delays, in the execution of the proce-
3,000 .272 .00638 .91178
4,000 .238 .00578 .88514 dures, that may reasonably be expected
5,000 .207 .00523 .85910 in service.
6,000 .1805 .00472 .83361 (i) The accelerate-stop and landing
7,000 .1566 .00425 .80870
8,000 .1356 .00382 .78434 distances prescribed in §§ 25.109 and
9,000 .1172 .00343 .76053 25.125, respectively, must be deter-
10,000 .1010 .00307 .73722 mined with all the airplane wheel
15,000 .0463 .001710 .62868
20,000 .01978 .000896 .53263 brake assemblies at the fully worn
25,000 .00778 .000436 .44806 limit of their allowable wear range.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
(c) The performance must correspond amended by Amdt. 25–38, 41 FR 55466, Dec. 20,
to the propulsive thrust available 1976; Amdt. 25–92, 63 FR 8318, Feb. 18, 1998]
under the particular ambient atmos-
pheric conditions, the particular flight § 25.103 Stall speed.
condition, and the relative humidity
(a) The reference stall speed, VSR, is a
specified in paragraph (b) of this sec-
calibrated airspeed defined by the ap-
tion. The available propulsive thrust
plicant. VSR may not be less than a 1-g
must correspond to engine power or
stall speed. VSR is expressed as:
thrust, not exceeding the approved
power or thrust less— VCL MAX
(1) Installation losses; and VSR ≥
(2) The power or equivalent thrust n ZW
absorbed by the accessories and serv-
ices appropriate to the particular am- where:
bient atmospheric conditions and the VCLMAX = Calibrated airspeed obtained when
the load factor-corrected lift coefficient
particular flight condition.
(d) Unless otherwise prescribed, the
applicant must select the takeoff, en ⎛ n ZW W ⎞
⎜ ⎟
route, approach, and landing configura- ⎝ qS ⎠
tions for the airplane.
(e) The airplane configurations may is first a maximum during the maneuver
vary with weight, altitude, and tem- prescribed in paragraph (c) of this section. In
addition, when the maneuver is limited by a
perature, to the extent they are com- device that abruptly pushes the nose down at
patible with the operating procedures a selected angle of attack (e.g., a stick push-
required by paragraph (f) of this sec- er), VCLMAX may not be less than the speed ex-
tion. isting at the instant the device operates;
(f) Unless otherwise prescribed, in de- nZW = Load factor normal to the flight path
termining the accelerate-stop dis- at VCLMAX
tances, takeoff flight paths, takeoff W = Airplane gross weight;
ER26NO02.002</MATH>
distances, and landing distances, S = Aerodynamic reference wing area; and

q = Dynamic pressure.
changes in the airplane’s configura-
tion, speed, power, and thrust, must be (b) VCLMAX is determined with:
398
ER26NO02.001</MATH>
(1) Engines idling, or, if that result- part, as applicable, in accordance with
ant thrust causes an appreciable de- § 25.21(g):
crease in stall speed, not more than (i) The stall speed at maximum take-
zero thrust at the stall speed; off weight exceeds that in non-icing
(2) Propeller pitch controls (if appli- conditions by more than the greater of
cable) in the takeoff position; 3 knots CAS or 3 percent of VSR; or
(3) The airplane in other respects (ii) The degradation of the gradient
(such as flaps, landing gear, and ice ac- of climb determined in accordance with
cretions) in the condition existing in § 25.121(b) is greater than one-half of
the test or performance standard in the applicable actual-to-net takeoff
which VSR is being used; flight path gradient reduction defined
(4) The weight used when VSR is being in § 25.115(b).
used as a factor to determine compli- (b) No takeoff made to determine the
ance with a required performance data required by this section may re-
standard; quire exceptional piloting skill or
(5) The center of gravity position alertness.
that results in the highest value of ref- (c) The takeoff data must be based
erence stall speed; and on—
(6) The airplane trimmed for straight (1) In the case of land planes and am-
flight at a speed selected by the appli- phibians:
cant, but not less than 1.13VSR and not (i) Smooth, dry and wet, hard-sur-
greater than 1.3VSR. faced runways; and
(c) Starting from the stabilized trim (ii) At the option of the applicant,
condition, apply the longitudinal con- grooved or porous friction course wet,
trol to decelerate the airplane so that hard-surfaced runways.
the speed reduction does not exceed (2) Smooth water, in the case of sea-
one knot per second. planes and amphibians; and
(d) In addition to the requirements of (3) Smooth, dry snow, in the case of
paragraph (a) of this section, when a skiplanes.
device that abruptly pushes the nose (d) The takeoff data must include,
down at a selected angle of attack (e.g., within the established operational lim-
a stick pusher) is installed, the ref- its of the airplane, the following oper-
erence stall speed, VSR, may not be less ational correction factors:
than 2 knots or 2 percent, whichever is (1) Not more than 50 percent of nomi-
greater, above the speed at which the nal wind components along the takeoff
device operates. path opposite to the direction of take-
[Doc. No. 28404, 67 FR 70825, Nov. 26, 2002, as off, and not less than 150 percent of
amended by Amdt. 25–121, 72 FR 44665, Aug. 8, nominal wind components along the
2007] takeoff path in the direction of takeoff.
(2) Effective runway gradients.
§ 25.105 Takeoff.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
(a) The takeoff speeds prescribed by amended by Amdt. 25–92, 63 FR 8318, Feb. 18,
§ 25.107, the accelerate-stop distance 1998; Amdt. 25–121, 72 FR 44665, Aug. 8, 2007;
prescribed by § 25.109, the takeoff path Amdt. 25–140, 79 FR 65525, Nov. 4, 2014]
prescribed by § 25.111, the takeoff dis-
tance and takeoff run prescribed by § 25.107 Takeoff speeds.
§ 25.113, and the net takeoff flight path (a) V1 must be established in relation
prescribed by § 25.115, must be deter- to VEF as follows:
mined in the selected configuration for (1) VEF is the calibrated airspeed at
takeoff at each weight, altitude, and which the critical engine is assumed to
ambient temperature within the oper- fail. VEF must be selected by the appli-
ational limits selected by the applicant, but may not be less than VMCG de-
cant— termined under § 25.149(e).
(1) In non-icing conditions; and (2) V1, in terms of calibrated air-
(2) In icing conditions, if in the con- speed, is selected by the applicant;
figuration used to show compliance however, V1 may not be less than VEF
with § 25.121(b), and with the most crit- plus the speed gained with critical en-
ical of the takeoff ice accretion(s) de- gine inoperative during the time inter-
fined in appendices C and O of this val between the instant at which the
399
§ 25.107 14 CFR Ch. I (1–1–17 Edition)
critical engine is failed, and the in- reaching V2 before reaching a height of
stant at which the pilot recognizes and 35 feet above the takeoff surface; or
reacts to the engine failure, as indi- (iv) A speed that, if the airplane is
cated by the pilot’s initiation of the rotated at its maximum practicable
first action (e.g., applying brakes, re- rate, will result in a VLOF of not less
ducing thrust, deploying speed brakes) than —
to stop the airplane during accelerate- (A) 110 percent of VMU in the all-en-
stop tests. gines-operating condition, and 105 per-
(b) V2MIN, in terms of calibrated air- cent of VMU determined at the thrust-
speed, may not be less than— to-weight ratio corresponding to the
(1) 1.13 VSR for— one-engine-inoperative condition; or
(i) Two-engine and three-engine tur-
(B) If the VMU attitude is limited by
bopropeller and reciprocating engine
the geometry of the airplane (i.e., tail
powered airplanes; and
(ii) Turbojet powered airplanes with- contact with the runway), 108 percent
out provisions for obtaining a signifi- of VMU in the all-engines-operating
cant reduction in the one-engine-inop- condition, and 104 percent of VMU deter-
erative power-on stall speed; mined at the thrust-to-weight ratio
(2) 1.08 VSR for— corresponding to the one-engine-inop-
(i) Turbopropeller and reciprocating erative condition.
engine powered airplanes with more (2) For any given set of conditions
than three engines; and (such as weight, configuration, and
(ii) Turbojet powered airplanes with temperature), a single value of VR, ob-
provisions for obtaining a significant tained in accordance with this para-
reduction in the one-engine-inoper- graph, must be used to show compli-
ative power-on stall speed; and ance with both the one-engine-inoper-
(3) 1.10 times VMC established under ative and the all-engines-operating
§ 25.149. takeoff provisions.
(c) V2, in terms of calibrated air- (3) It must be shown that the one-en-
speed, must be selected by the appli- gine-inoperative takeoff distance,
cant to provide at least the gradient of using a rotation speed of 5 knots less
climb required by § 25.121(b) but may than VR established in accordance with
not be less than— paragraphs (e)(1) and (2) of this section,
(1) V2MIN; does not exceed the corresponding one-
(2) VR plus the speed increment at- engine-inoperative takeoff distance
tained (in accordance with § 25.111(c)(2)) using the established VR. The takeoff
before reaching a height of 35 feet distances must be determined in ac-
above the takeoff surface; and cordance with § 25.113(a)(1).
(3) A speed that provides the maneu- (4) Reasonably expected variations in
vering capability specified in § 25.143(h). service from the established takeoff
(d) VMU is the calibrated airspeed at procedures for the operation of the air-
and above which the airplane can safe- plane (such as over-rotation of the air-
ly lift off the ground, and continue plane and out-of-trim conditions) may
the takeoff. VMU speeds must be se- not result in unsafe flight characteris-
lected by the applicant throughout the tics or in marked increases in the
range of thrust-to-weight ratios to be
scheduled takeoff distances established
certificated. These speeds may be es-
in accordance with § 25.113(a).
tablished from free air data if these
data are verified by ground takeoff (f) VLOF is the calibrated airspeed at
tests. which the airplane first becomes air-
(e) VR, in terms of calibrated airborne.
speed, must be selected in accordance (g) VFTO, in terms of calibrated air-
with the conditions of paragraphs (e)(1) speed, must be selected by the appli-
through (4) of this section: cant to provide at least the gradient of
(1) VR may not be less than— climb required by § 25.121(c), but may
(i) V1; not be less than—
(ii) 105 percent of VMC; (1) 1.18 VSR; and

(iii) The speed (determined in accord- (2) A speed that provides the maneu-
ance with § 25.111(c)(2)) that allows vering capability specified in § 25.143(h).
400
(h) In determining the takeoff speeds the takeoff at the V1 for takeoff from a
V1, VR, and V2 for flight in icing condi- dry runway; and
tions, the values of VMCG, VMC, and VMU (ii) With all engines still operating,
determined for non-icing conditions come to a full stop on dry runway from
may be used. the speed reached as prescribed in para-
graph (a)(2)(i) of this section; plus
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–38, 41 FR 55466, Dec. 20, (iii) A distance equivalent to 2 sec-
1976; Amdt. 25–42, 43 FR 2320, Jan. 16, 1978; onds at the V1 for takeoff from a dry
Amdt. 25–92, 63 FR 8318, Feb. 18, 1998; Amdt. runway.
25–94, 63 FR 8848, Feb. 23, 1998; Amdt. 25–108, (b) The accelerate-stop distance on a
67 FR 70826, Nov. 26, 2002; Amdt. 25–121, 72 FR wet runway is the greater of the fol-
44665, Aug. 8, 2007; Amdt. 25–135, 76 FR 74654, lowing distances:
Dec. 1, 2011] (1) The accelerate-stop distance on a
dry runway determined in accordance
§ 25.109 Accelerate-stop distance.
with paragraph (a) of this section; or
(a) The accelerate-stop distance on a (2) The accelerate-stop distance de-
dry runway is the greater of the fol- termined in accordance with paragraph
lowing distances: (a) of this section, except that the run-
(1) The sum of the distances nec- way is wet and the corresponding wet
essary to— runway values of VEF and V1 are used.
(i) Accelerate the airplane from a In determining the wet runway accel-
standing start with all engines oper- erate-stop distance, the stopping force
ating to VEF for takeoff from a dry run- from the wheel brakes may never ex-
way; ceed:
(ii) Allow the airplane to accelerate (i) The wheel brakes stopping force
from VEF to the highest speed reached determined in meeting the require-
during the rejected takeoff, assuming ments of § 25.101(i) and paragraph (a) of
the critical engine fails at VEF and the this section; and
pilot takes the first action to reject (ii) The force resulting from the wet
the takeoff at the V1 for takeoff from a runway braking coefficient of friction
dry runway; and determined in accordance with para-
(iii) Come to a full stop on a dry run- graphs (c) or (d) of this section, as ap-
way from the speed reached as pre- plicable, taking into account the dis-
scribed in paragraph (a)(1)(ii) of this tribution of the normal load between
section; plus braked and unbraked wheels at the
(iv) A distance equivalent to 2 sec- most adverse center-of-gravity position
onds at the V1 for takeoff from a dry approved for takeoff.
runway. (c) The wet runway braking coeffi-
(2) The sum of the distances nec- cient of friction for a smooth wet run-
essary to— way is defined as a curve of friction co-
(i) Accelerate the airplane from a efficient versus ground speed and must
standing start with all engines oper- be computed as follows:
ating to the highest speed reached dur- (1) The maximum tire-to-ground wet
ing the rejected takeoff, assuming the runway braking coefficient of friction
pilot takes the first action to reject is defined as:
401
§ 25.109 14 CFR Ch. I (1–1–17 Edition)
Where— Effi-
Type of anti-skid system ciency
Tire Pressure = maximum airplane operating value
tire pressure (psi);
μt/gMAX = maximum tire-to-ground braking On-Off ........................................................................ 0.30
Quasi-Modulating ....................................................... 0.50
coefficient;
Fully Modulating ........................................................ 0.80
V = airplane true ground speed (knots); and
Linear interpolation may be used for tire
(d) At the option of the applicant, a
pressures other than those listed.
higher wet runway braking coefficient
(2) The maximum tire-to-ground wet of friction may be used for runway sur-
runway braking coefficient of friction faces that have been grooved or treated
must be adjusted to take into account with a porous friction course material.
the efficiency of the anti-skid system For grooved and porous friction course
on a wet runway. Anti-skid system op- runways, the wet runway braking
eration must be demonstrated by flight coefficent of friction is defined as ei-
testing on a smooth wet runway, and ther:
its efficiency must be determined. Un- (1) 70 percent of the dry runway brak-
less a specific anti-skid system effi- ing coefficient of friction used to deter-
mine the dry runway accelerate-stop
ciency is determined from a quan-
distance; or
titative analysis of the flight testing
(2) The wet runway braking coeffi-
on a smooth wet runway, the max-
cient defined in paragraph (c) of this
imum tire-to-ground wet runway brak- section, except that a specific anti-skid
ing coefficient of friction determined system efficiency, if determined, is ap-
in paragraph (c)(1) of this section must propriate for a grooved or porous fric-
be multiplied by the efficiency value tion course wet runway, and the max-
associated with the type of anti-skid imum tire-to-ground wet runway brak-
system installed on the airplane: ing coefficient of friction is defined as:
402
ER18FE98.004</GPH>
Where— teristics of the stopway and the vari-

Tire Pressure = maximum airplane operating ations in these characteristics with
tire pressure (psi); seasonal weather conditions (such as
μt/gMAX = maximum tire-to-ground braking temperature, rain, snow, and ice) with-
coefficient; in the established operational limits.
V = airplane true ground speed (knots); and
Linear interpolation may be used for tire (i) A flight test demonstration of the
pressures other than those listed. maximum brake kinetic energy accel-
erate-stop distance must be conducted
(e) Except as provided in paragraph with not more than 10 percent of the
(f)(1) of this section, means other than allowable brake wear range remaining
wheel brakes may be used to determine on each of the airplane wheel brakes.
the accelerate-stop distance if that
means— [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
(1) Is safe and reliable; amended by Amdt. 25–42, 43 FR 2321, Jan. 16,
(2) Is used so that consistent results 1978; Amdt. 25–92, 63 FR 8318, Feb. 18, 1998]
can be expected under normal oper- § 25.111 Takeoff path.
ating conditions; and
(3) Is such that exceptional skill is (a) The takeoff path extends from a
not required to control the airplane. standing start to a point in the takeoff
(f) The effects of available reverse at which the airplane is 1,500 feet above
thrust— the takeoff surface, or at which the
(1) Shall not be included as an addi- transition from the takeoff to the en
tional means of deceleration when de- route configuration is completed and
termining the accelerate-stop distance VFTO is reached, whichever point is
on a dry runway; and higher. In addition—
(2) May be included as an additional (1) The takeoff path must be based on
means of deceleration using rec- the procedures prescribed in § 25.101(f);
ommended reverse thrust procedures (2) The airplane must be accelerated
when determining the accelerate-stop on the ground to VEF, at which point
distance on a wet runway, provided the the critical engine must be made inop-
requirements of paragraph (e) of this erative and remain inoperative for the
section are met. rest of the takeoff; and
(g) The landing gear must remain ex- (3) After reaching VEF, the airplane
tended throughout the accelerate-stop must be accelerated to V2.
distance. (b) During the acceleration to speed
(h) If the accelerate-stop distance in- V2, the nose gear may be raised off the
cludes a stopway with surface charac- ground at a speed not less than VR.
teristics substantially different from However, landing gear retraction may
those of the runway, the takeoff data not be begun until the airplane is air-
must include operational correction borne.
factors for the accelerate-stop dis- (c) During the takeoff path deter-
tance. The correction factors must ac- mination in accordance with para-
count for the particular surface charac- graphs (a) and (b) of this section—
403
ER18FE98.005</GPH>
§ 25.113 14 CFR Ch. I (1–1–17 Edition)
(1) The slope of the airborne part of ment and must correspond to the most
the takeoff path must be positive at critical condition prevailing in the seg-
each point; ment;
(2) The airplane must reach V2 before (3) The flight path must be based on
it is 35 feet above the takeoff surface the airplane’s performance without
and must continue at a speed as close ground effect; and
as practical to, but not less than V2, (4) The takeoff path data must be
until it is 400 feet above the takeoff checked by continuous demonstrated
surface; takeoffs up to the point at which the
(3) At each point along the takeoff airplane is out of ground effect and its
path, starting at the point at which the speed is stabilized, to ensure that the
airplane reaches 400 feet above the path is conservative relative to the
takeoff surface, the available gradient continous path.
of climb may not be less than—
(i) 1.2 percent for two-engine air- The airplane is considered to be out of
planes; the ground effect when it reaches a
(ii) 1.5 percent for three-engine air- height equal to its wing span.
planes; and (e) For airplanes equipped with
(iii) 1.7 percent for four-engine air- standby power rocket engines, the
planes. takeoff path may be determined in ac-
(4) The airplane configuration may cordance with section II of appendix E.
not be changed, except for gear retrac- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
tion and automatic propeller feath- amended by Amdt. 25–6, 30 FR 8468, July 2,
ering, and no change in power or thrust 1965; Amdt. 25–42, 43 FR 2321, Jan. 16, 1978;
that requires action by the pilot may Amdt. 25–54, 45 FR 60172, Sept. 11, 1980; Amdt.
be made until the airplane is 400 feet 25–72, 55 FR 29774, July 20, 1990; Amdt. 25–94,
above the takeoff surface; and 63 FR 8848, Feb. 23, 1998; Amdt. 25–108, 67 FR
(5) If § 25.105(a)(2) requires the takeoff 70826, Nov. 26, 2002; Amdt. 25–115, 69 FR 40527,
July 2, 2004; Amdt. 25–121, 72 FR 44666; Aug.
path to be determined for flight in
8, 2007; Amdt. 25–140, 79 FR 65525, Nov. 4, 2014]
icing conditions, the airborne part of
the takeoff must be based on the air- § 25.113 Takeoff distance and takeoff
plane drag: run.
(i) With the most critical of the take-
off ice accretion(s) defined in Appen- (a) Takeoff distance on a dry runway
dices C and O of this part, as applica- is the greater of—
ble, in accordance with § 25.21(g), from (1) The horizontal distance along the
a height of 35 feet above the takeoff takeoff path from the start of the take-
surface up to the point where the air- off to the point at which the airplane is
plane is 400 feet above the takeoff sur- 35 feet above the takeoff surface, deter-
face; and mined under § 25.111 for a dry runway;
(ii) With the most critical of the final or
takeoff ice accretion(s) defined in Ap- (2) 115 percent of the horizontal dis-
pendices C and O of this part, as appli- tance along the takeoff path, with all
cable, in accordance with § 25.21(g), engines operating, from the start of the
from the point where the airplane is 400 takeoff to the point at which the air-
feet above the takeoff surface to the plane is 35 feet above the takeoff sur-
end of the takeoff path. face, as determined by a procedure con-
(d) The takeoff path must be deter- sistent with § 25.111.
mined by a continuous demonstrated (b) Takeoff distance on a wet runway
takeoff or by synthesis from segments. is the greater of—
If the takeoff path is determined by the (1) The takeoff distance on a dry run-
segmental method— way determined in accordance with
(1) The segments must be clearly de- paragraph (a) of this section; or
fined and must be related to the dis- (2) The horizontal distance along the
tinct changes in the configuration, takeoff path from the start of the take-
power or thrust, and speed; off to the point at which the airplane is
(2) The weight of the airplane, the 15 feet above the takeoff surface,
configuration, and the power or thrust achieved in a manner consistent with
must be constant throughout each seg- the achievement of V2 before reaching
404
35 feet above the takeoff surface, deter- (determined in accordance with § 25.111
mined under § 25.111 for a wet runway. and with paragraph (a) of this section)
(c) If the takeoff distance does not in- reduced at each point by a gradient of
clude a clearway, the takeoff run is climb equal to—
equal to the takeoff distance. If the (1) 0.8 percent for two-engine air-
takeoff distance includes a clearway— planes;
(1) The takeoff run on a dry runway (2) 0.9 percent for three-engine air-
is the greater of— planes; and
(i) The horizontal distance along the (3) 1.0 percent for four-engine air-
takeoff path from the start of the take- planes.
off to a point equidistant between the (c) The prescribed reduction in climb
point at which VLOF is reached and the gradient may be applied as an equiva-
point at which the airplane is 35 feet lent reduction in acceleration along
above the takeoff surface, as deter- that part of the takeoff flight path at
mined under § 25.111 for a dry runway; which the airplane is accelerated in
or level flight.
(ii) 115 percent of the horizontal dis- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
tance along the takeoff path, with all amended by Amdt. 25–92, 63 FR 8320, Feb. 18,
engines operating, from the start of the 1998]
takeoff to a point equidistant between
the point at which VLOF is reached and § 25.117 Climb: general.
the point at which the airplane is 35 Compliance with the requirements of
feet above the takeoff surface, deter- §§ 25.119 and 25.121 must be shown at
mined by a procedure consistent with each weight, altitude, and ambient
§ 25.111. temperature within the operational
(2) The takeoff run on a wet runway limits established for the airplane and
is the greater of— with the most unfavorable center of
(i) The horizontal distance along the gravity for each configuration.
takeoff path from the start of the take-
off to the point at which the airplane is § 25.119 Landing climb: All-engines-op-
15 feet above the takeoff surface, erating.
achieved in a manner consistent with In the landing configuration, the
the achievement of V2 before reaching steady gradient of climb may not be
35 feet above the takeoff surface, as de- less than 3.2 percent, with the engines
termined under § 25.111 for a wet run- at the power or thrust that is available
way; or 8 seconds after initiation of movement
(ii) 115 percent of the horizontal dis- of the power or thrust controls from
tance along the takeoff path, with all the minimum flight idle to the go-
engines operating, from the start of the around power or thrust setting—
takeoff to a point equidistant between (a) In non-icing conditions, with a
the point at which VLOF is reached and climb speed of VREF determined in ac-
the point at which the airplane is 35 cordance with § 25.125(b)(2)(i); and
feet above the takeoff surface, deter- (b) In icing conditions with the most
mined by a procedure consistent with critical of the landing ice accretion(s)
§ 25.111. defined in Appendices C and O of this
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as part, as applicable, in accordance with
amended by Amdt. 25–23, 35 FR 5671, Apr. 8, § 25.21(g), and with a climb speed of
1970; Amdt. 25–92, 63 FR 8320, Feb. 18, 1998] VREF determined in accordance with
§ 25.125(b)(2)(ii).
§ 25.115 Takeoff flight path.
[Amdt. 25–121, 72 FR 44666; Aug. 8, 2007, as
(a) The takeoff flight path shall be amended by Amdt. 25–,140, 79 FR 65525, Nov.
considered to begin 35 feet above the 4, 2014]
takeoff surface at the end of the take-
off distance determined in accordance § 25.121 Climb: One-engine-inoper-
with § 25.113(a) or (b), as appropriate for ative.
the runway surface condition. (a) Takeoff; landing gear extended. In
(b) The net takeoff flight path data the critical takeoff configuration exist-
must be determined so that they rep- ing along the flight path (between the
resent the actual takeoff flight paths points at which the airplane reaches
405
§ 25.121 14 CFR Ch. I (1–1–17 Edition)
VLOF and at which the landing gear is icing conditions by more than the
fully retracted) and in the configura- greater of 3 knots CAS or 3 percent of
tion used in § 25.111 but without ground VSR; or
effect, the steady gradient of climb (B) The degradation of the gradient
must be positive for two-engine air- of climb determined in accordance with
planes, and not less than 0.3 percent for § 25.121(b) is greater than one-half of
three-engine airplanes or 0.5 percent the applicable actual-to-net takeoff
for four-engine airplanes, at VLOF and flight path gradient reduction defined
with— in § 25.115(b).
(1) The critical engine inoperative (c) Final takeoff. In the en route con-
and the remaining engines at the power figuration at the end of the takeoff
or thrust available when retraction of path determined in accordance with
the landing gear is begun in accordance § 25.111:
with § 25.111 unless there is a more crit- (1) The steady gradient of climb may
ical power operating condition existing not be less than 1.2 percent for two-en-
later along the flight path but before gine airplanes, 1.5 percent for three-en-
the point at which the landing gear is gine airplanes, and 1.7 percent for four-
fully retracted; and engine airplanes, at VFTO with—
(2) The weight equal to the weight (i) The critical engine inoperative
existing when retraction of the landing and the remaining engines at the avail-
gear is begun, determined under able maximum continuous power or
§ 25.111. thrust; and
(b) Takeoff; landing gear retracted. In (ii) The weight equal to the weight
the takeoff configuration existing at existing at the end of the takeoff path,
the point of the flight path at which determined under § 25.111.
the landing gear is fully retracted, and (2) The requirements of paragraph
in the configuration used in § 25.111 but (c)(1) of this section must be met:
without ground effect: (i) In non-icing conditions; and
(1) The steady gradient of climb may (ii) In icing conditions with the most
not be less than 2.4 percent for two-en- critical of the final takeoff ice accre-
gine airplanes, 2.7 percent for three-en- tion(s) defined in Appendices C and O of
gine airplanes, and 3.0 percent for four- this part, as applicable, in accordance
engine airplanes, at V2 with: with § 25.21(g), if in the configuration
(i) The critical engine inoperative, used to show compliance with § 25.121(b)
the remaining engines at the takeoff with the takeoff ice accretion used to
power or thrust available at the time show compliance with § 25.111(c)(5)(i):
the landing gear is fully retracted, de- (A) The stall speed at maximum
termined under § 25.111, unless there is takeoff weight exceeds that in non-
a more critical power operating condi- icing conditions by more than the
tion existing later along the flight path greater of 3 knots CAS or 3 percent of
but before the point where the airplane VSR; or
reaches a height of 400 feet above the (B) The degradation of the gradient
takeoff surface; and of climb determined in accordance with
(ii) The weight equal to the weight § 25.121(b) is greater than one-half of
existing when the airplane’s landing the applicable actual-to-net takeoff
gear is fully retracted, determined flight path gradient reduction defined
under § 25.111. in § 25.115(b).
(2) The requirements of paragraph (d) Approach. In a configuration cor-
(b)(1) of this section must be met: responding to the normal all-engines-
(i) In non-icing conditions; and operating procedure in which VSR for
(ii) In icing conditions with the most this configuration does not exceed 110
critical of the takeoff ice accretion(s) percent of the VSR for the related all-
defined in Appendices C and O of this engines-operating landing configura-
part, as applicable, in accordance with tion:
§ 25.21(g), if in the configuration used to (1) The steady gradient of climb may
show compliance with § 25.121(b) with not be less than 2.1 percent for two-en-
this takeoff ice accretion: gine airplanes, 2.4 percent for three-en-
(A) The stall speed at maximum gine airplanes, and 2.7 percent for four-
takeoff weight exceeds that in non- engine airplanes, with—
406
(i) The critical engine inoperative, three-engine airplanes, and 1.6 percent
the remaining engines at the go-around for four-engine airplanes—
power or thrust setting; (1) In non-icing conditions; and
(ii) The maximum landing weight; (2) In icing conditions with the most
(iii) A climb speed established in con- critical of the en route ice accretion(s)
nection with normal landing proce- defined in Appendices C and O of this
dures, but not exceeding 1.4 VSR; and part, as applicable, in accordance with
(iv) Landing gear retracted. § 25.21(g), if:
(2) The requirements of paragraph (i) A speed of 1.18 ‘‘VSR0 with the en
(d)(1) of this section must be met: route ice accretion exceeds the en
(i) In non-icing conditions; and route speed selected for non-icing con-
ditions by more than the greater of 3
(ii) In icing conditions with the most
knots CAS or 3 percent of VSR; or
critical of the approach ice accretion(s)
(ii) The degradation of the gradient
defined in Appendices C and O of this
of climb is greater than one-half of the
part, as applicable, in accordance with
applicable actual-to-net flight path re-
§ 25.21(g). The climb speed selected for
duction defined in paragraph (b) of this
non-icing conditions may be used if the
section.
climb speed for icing conditions, com-
(c) For three- or four-engine air-
puted in accordance with paragraph
planes, the two-engine-inoperative net
(d)(1)(iii) of this section, does not ex-
flight path data must represent the ac-
ceed that for non-icing conditions by
tual climb performance diminished by
more than the greater of 3 knots CAS
a gradient of climb of 0.3 percent for
or 3 percent.
three-engine airplanes and 0.5 percent
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as for four-engine airplanes.
amended by Amdt. 25–84, 60 FR 30749, June 9,
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
1995; Amdt. 25–108, 67 FR 70826, Nov. 26, 2002;
amended by Amdt. 25–121, 72 FR 44666; Aug. 8,
Amdt. 25–121, 72 FR 44666; Aug. 8, 2007; Amdt.
2007; Amdt. 25–140, 79 FR 65525, Nov. 4, 2014]
25–140, 79 FR 65525, Nov. 4, 2014]
§ 25.125 Landing.
§ 25.123 En route flight paths.
(a) The horizontal distance necessary
(a) For the en route configuration, to land and to come to a complete stop
the flight paths prescribed in para- (or to a speed of approximately 3 knots
graph (b) and (c) of this section must for water landings) from a point 50 feet
be determined at each weight, altitude, above the landing surface must be de-
and ambient temperature, within the termined (for standard temperatures,
operating limits established for the at each weight, altitude, and wind
airplane. The variation of weight along within the operational limits estab-
the flight path, accounting for the pro- lished by the applicant for the air-
gressive consumption of fuel and oil by plane):
the operating engines, may be included (1) In non-icing conditions; and
in the computation. The flight paths (2) In icing conditions with the most
must be determined at a speed not less critical of the landing ice accretion(s)
than VFTO, with— defined in Appendices C and O of this
(1) The most unfavorable center of part, as applicable, in accordance with
gravity; § 25.21(g), if VREF for icing conditions ex-
(2) The critical engines inoperative; ceeds VREF for non-icing conditions by
(3) The remaining engines at the more than 5 knots CAS at the max-
available maximum continuous power imum landing weight.
or thrust; and (b) In determining the distance in
(4) The means for controlling the en- paragraph (a) of this section:
gine-cooling air supply in the position (1) The airplane must be in the land-
that provides adequate cooling in the ing configuration.
hot-day condition. (2) A stabilized approach, with a cali-
(b) The one-engine-inoperative net brated airspeed of not less than VREF,
flight path data must represent the ac- must be maintained down to the 50-foot
tual climb performance diminished by height.

a gradient of climb of 1.1 percent for (i) In non-icing conditions, VREF may
two-engine airplanes, 1.4 percent for not be less than:
407
§ 25.143 14 CFR Ch. I (1–1–17 Edition)
(A) 1.23 VSR0; posite to the direction of landing, and

(B) VMCL established under § 25.149(f); not less than 150 percent of the nomi-
and nal wind components along the landing
(C) A speed that provides the maneu- path in the direction of landing.
vering capability specified in § 25.143(h). (g) If any device is used that depends
(ii) In icing conditions, VREF may not on the operation of any engine, and if
be less than: the landing distance would be notice-
(A) The speed determined in para- ably increased when a landing is made
graph (b)(2)(i) of this section; with that engine inoperative, the land-
(B) 1.23 VSR0 with the most critical of ing distance must be determined with
the landing ice accretion(s) defined in that engine inoperative unless the use
Appendices C and O of this part, as ap- of compensating means will result in a
plicable, in accordance with § 25.21(g), if landing distance not more than that
that speed exceeds VREF selected for with each engine operating.
non-icing conditions by more than 5
[Amdt. 25–121, 72 FR 44666; Aug. 8, 2007; 72 FR
knots CAS; and
50467, Aug. 31, 2007; Amdt. 25–140, 79 FR 65525,
(C) A speed that provides the maneu- Nov. 4, 2014]
vering capability specified in § 25.143(h)
with the most critical of the landing CONTROLLABILITY AND
ice accretion(s) defined in Appendices C MANEUVERABILITY
and O of this part, as applicable, in ac-
cordance with § 25.21(g). § 25.143 General.
(3) Changes in configuration, power (a) The airplane must be safely con-
or thrust, and speed, must be made in trollable and maneuverable during—
accordance with the established proce-
(1) Takeoff;
dures for service operation.
(2) Climb;
(4) The landing must be made with-
out excessive vertical acceleration, (3) Level flight;
tendency to bounce, nose over, ground (4) Descent; and
loop, porpoise, or water loop. (5) Landing.
(5) The landings may not require ex- (b) It must be possible to make a
ceptional piloting skill or alertness. smooth transition from one flight con-
(c) For landplanes and amphibians, dition to any other flight condition
the landing distance on land must be without exceptional piloting skill,
determined on a level, smooth, dry, alertness, or strength, and without
hard-surfaced runway. In addition— danger of exceeding the airplane limit-
(1) The pressures on the wheel brak- load factor under any probable oper-
ing systems may not exceed those spec- ating conditions, including—
ified by the brake manufacturer; (1) The sudden failure of the critical
(2) The brakes may not be used so as engine;
to cause excessive wear of brakes or (2) For airplanes with three or more
tires; and engines, the sudden failure of the sec-
(3) Means other than wheel brakes ond critical engine when the airplane is
may be used if that means— in the en route, approach, or landing
(i) Is safe and reliable; configuration and is trimmed with the
(ii) Is used so that consistent results critical engine inoperative; and
can be expected in service; and (3) Configuration changes, including
(iii) Is such that exceptional skill is deployment or retraction of decelera-
not required to control the airplane. tion devices.
(d) For seaplanes and amphibians, (c) The airplane must be shown to be
the landing distance on water must be safely controllable and maneuverable
determined on smooth water. with the most critical of the ice accre-
(e) For skiplanes, the landing dis- tion(s) appropriate to the phase of
tance on snow must be determined on flight as defined in Appendices C and O
smooth, dry, snow. of this part, as applicable, in accord-
(f) The landing distance data must ance with § 25.21(g), and with the crit-
include correction factors for not more ical engine inoperative and its pro-
than 50 percent of the nominal wind peller (if applicable) in the minimum
components along the landing path op- drag position:
408
(2) During an approach and go- (f) When demonstrating compliance

around; and with the control force limitations for
(3) During an approach and landing. long term application that are pre-
(d) The following table prescribes, for scribed in paragraph (d) of this section,
conventional wheel type controls, the the airplane must be in trim, or as near
maximum control forces permitted to being in trim as practical.
during the testing required by para- (g) When maneuvering at a constant
graph (a) through (c) of this section: airspeed or Mach number (up to VFC/
Force, in pounds, applied to the MFC), the stick forces and the gradient
Pitch Roll Yaw
control wheel or rudder pedals of the stick force versus maneuvering
For short term application for load factor must lie within satisfactory
pitch and roll control—two limits. The stick forces must not be so
hands available for control .... 75 50 great as to make excessive demands on
For short term application for
pitch and roll control—one the pilot’s strength when maneuvering
hand available for control ...... 50 25 the airplane, and must not be so low
For short term application for that the airplane can easily be over-
yaw control ............................. 150
For long term application .......... 10 5 20
stressed inadvertently. Changes of gra-
dient that occur with changes of load
(e) Approved operating procedures or factor must not cause undue difficulty
conventional operating practices must in maintaining control of the airplane,
be followed when demonstrating com- and local gradients must not be so low
pliance with the control force limita- as to result in a danger of overcontrol-
tions for short term application that ling.
are prescribed in paragraph (d) of this (h) The maneuvering capabilities in a
section. The airplane must be in trim, constant speed coordinated turn at for-
or as near to being in trim as practical, ward center of gravity, as specified in
in the preceding steady flight condi- the following table, must be free of
tion. For the takeoff condition, the air- stall warning or other characteristics
plane must be trimmed according to that might interfere with normal ma-
the approved operating procedures. neuvering:
Maneuvering
Configuration Speed bank angle in a Thrust/power setting
coordinated turn
Takeoff .......... V2 30° Asymmetric WAT-Limited. 1

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

with § 25.143 in icing conditions— exceeding a pull control force of 50
(1) Controllability must be dem- pounds; and
onstrated with the most critical of the (3) Any changes in force that the
ice accretion(s) for the particular pilot must apply to the pitch control to
flight phase as defined in Appendices C maintain speed with increasing sideslip
and O of this part, as applicable, in ac- angle must be steadily increasing with
cordance with § 25.21(g); no force reversals, unless the change in
(2) It must be shown that a push force control force is gradual and easily con-
is required throughout a pushover ma- trollable by the pilot without using ex-
neuver down to a zero g load factor, or ceptional piloting skill, alertness, or
the lowest load factor obtainable if
strength.
limited by elevator power or other de- (j) For flight in icing conditions be-
sign characteristic of the flight control
fore the ice protection system has been
system. It must be possible to prompt-
409
§ 25.145 14 CFR Ch. I (1–1–17 Edition)
activated and is performing its in- (5) Repeat paragraph (b)(4) except
tended function, it must be dem- with flaps extended.
onstrated in flight with the most crit- (6) With power off, flaps extended,
ical of the ice accretion(s) defined in and the airplane trimmed at 1.3 VSR1,
Appendix C, part II, paragraph (e) of obtain and maintain airspeeds between
this part and Appendix O, part II, para- VSW and either 1.6 VSR1 or VFE, which-
graph (d) of this part, as applicable, in ever is lower.
accordance with § 25.21(g), that: (c) It must be possible, without ex-
(1) The airplane is controllable in a ceptional piloting skill, to prevent loss
pull-up maneuver up to 1.5 g load fac- of altitude when complete retraction of
tor; and the high lift devices from any position
(2) There is no pitch control force re- is begun during steady, straight, level
versal during a pushover maneuver flight at 1.08 VSR1 for propeller powered
down to 0.5 g load factor. airplanes, or 1.13 VSR1 for turbojet pow-
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as ered airplanes, with—
amended by Amdt. 25–42, 43 FR 2321, Jan. 16, (1) Simultaneous movement of the
1978; Amdt. 25–84, 60 FR 30749, June 9, 1995; power or thrust controls to the go-
Amdt. 25–108, 67 FR 70826, Nov. 26, 2002; around power or thrust setting;
Amdt. 25–121, 72 FR 44667, Aug. 8, 2007; Amdt.
25–129, 74 FR 38339, Aug. 3, 2009; Amdt. 25–140, (2) The landing gear extended; and
79 FR 65525, Nov. 4, 2014] (3) The critical combinations of land-
ing weights and altitudes.
§ 25.145 Longitudinal control. (d) If gated high-lift device control
(a) It must be possible, at any point positions are provided, paragraph (c) of
between the trim speed prescribed in this section applies to retractions of
§ 25.103(b)(6) and stall identification (as the high-lift devices from any position
defined in § 25.201(d)), to pitch the nose from the maximum landing position to
downward so that the acceleration to the first gated position, between gated
this selected trim speed is prompt with positions, and from the last gated posi-
(1) The airplane trimmed at the trim tion to the fully retracted position.
speed prescribed in § 25.103(b)(6); The requirements of paragraph (c) of
(2) The landing gear extended; this section also apply to retractions
(3) The wing flaps (i) retracted and from each approved landing position to
(ii) extended; and the control position(s) associated with
(4) Power (i) off and (ii) at maximum the high-lift device configuration(s)
continuous power on the engines. used to establish the go-around proce-
(b) With the landing gear extended, dure(s) from that landing position. In
no change in trim control, or exertion addition, the first gated control posi-
of more than 50 pounds control force tion from the maximum landing posi-
(representative of the maximum short tion must correspond with a configura-
term force that can be applied readily tion of the high-lift devices used to es-
by one hand) may be required for the tablish a go-around procedure from a
following maneuvers: landing configuration. Each gated con-
(1) With power off, flaps retracted, trol position must require a separate
and the airplane trimmed at 1.3 VSR1, and distinct motion of the control to
extend the flaps as rapidly as possible pass through the gated position and
while maintaining the airspeed at ap- must have features to prevent inad-
proximately 30 percent above the ref- vertent movement of the control
erence stall speed existing at each in- through the gated position. It must
stant throughout the maneuver. only be possible to make this separate
(2) Repeat paragraph (b)(1) except ini- and distinct motion once the control
tially extend the flaps and then retract has reached the gated position.
them as rapidly as possible.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
(3) Repeat paragraph (b)(2), except at
the go-around power or thrust setting. 1970; Amdt. 25–72, 55 FR 29774, July 20, 1990;
(4) With power off, flaps retracted,
Amdt. 25–84, 60 FR 30749, June 9, 1995; Amdt.

and the airplane trimmed at 1.3 VSR1, 25–98, 64 FR 6164, Feb. 8, 1999; 64 FR 10740,
rapidly set go-around power or thrust Mar. 5, 1999; Amdt. 25–108, 67 FR 70827, Nov.
while maintaining the same airspeed. 26, 2002]
410
§ 25.147 Directional and lateral con- the speeds likely to be used with one
trol. engine inoperative, to provide a roll
(a) Directional control; general. It must rate necessary for safety without ex-
be possible, with the wings level, to cessive control forces or travel.
yaw into the operative engine and to (e) Lateral control; airplanes with four
safely make a reasonably sudden or more engines. Airplanes with four or
change in heading of up to 15 degrees in more engines must be able to make 20°
the direction of the critical inoperative banked turns, with and against the in-
engine. This must be shown at 1.3 VSR1 operative engines, from steady flight at
for heading changes up to 15 degrees a speed equal to 1.3 VSR1, with max-
(except that the heading change at imum continuous power, and with the
which the rudder pedal force is 150 airplane in the configuration pre-
pounds need not be exceeded), and scribed by paragraph (b) of this section.
with— (f) Lateral control; all engines oper-
(1) The critical engine inoperative ating. With the engines operating, roll
and its propeller in the minimum drag response must allow normal maneuvers
position; (such as recovery from upsets produced
(2) The power required for level flight by gusts and the initiation of evasive
at 1.3 VSR1, but not more than max- maneuvers). There must be enough ex-
imum continuous power; cess lateral control in sideslips (up to
(3) The most unfavorable center of sideslip angles that might be required
gravity; in normal operation), to allow a lim-
(4) Landing gear retracted; ited amount of maneuvering and to
(5) Flaps in the approach position; correct for gusts. Lateral control must
and be enough at any speed up to VFC/MFC
(6) Maximum landing weight. to provide a peak roll rate necessary
(b) Directional control; airplanes with for safety, without excessive control
four or more engines. Airplanes with forces or travel.
four or more engines must meet the re- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
quirements of paragraph (a) of this sec- amended by Amdt. 25–42, 43 FR 2321, Jan. 16,
tion except that— 1978; Amdt. 25–72, 55 FR 29774, July 20, 1990;
(1) The two critical engines must be Amdt. 25–108, 67 FR 70827, Nov. 26, 2002;
inoperative with their propellers (if ap- Amdt. 25–115, 69 FR 40527, July 2, 2004]
plicable) in the minimum drag posi-
tion; § 25.149 Minimum control speed.
(2) [Reserved] (a) In establishing the minimum con-
(3) The flaps must be in the most fa- trol speeds required by this section, the
vorable climb position. method used to simulate critical en-
(c) Lateral control; general. It must be gine failure must represent the most
possible to make 20° banked turns, with critical mode of powerplant failure
and against the inoperative engine, with respect to controllability ex-
from steady flight at a speed equal to pected in service.
1.3 VSR1, with— (b) VMC is the calibrated airspeed at
(1) The critical engine inoperative which, when the critical engine is sud-
and its propeller (if applicable) in the denly made inoperative, it is possible
minimum drag position; to maintain control of the airplane
(2) The remaining engines at max- with that engine still inoperative and
imum continuous power; maintain straight flight with an angle
(3) The most unfavorable center of of bank of not more than 5 degrees.
gravity; (c) VMC may not exceed 1.13 VSR
(4) Landing gear (i) retracted and (ii) with—
extended; (1) Maximum available takeoff power
(5) Flaps in the most favorable climb or thrust on the engines;
position; and (2) The most unfavorable center of
(6) Maximum takeoff weight. gravity;
(d) Lateral control; roll capability. With (3) The airplane trimmed for takeoff;
the critical engine inoperative, roll re- (4) The maximum sea level takeoff
sponse must allow normal maneuvers. weight (or any lesser weight necessary
Lateral control must be sufficient, at to show VMC);
411
§ 25.149 14 CFR Ch. I (1–1–17 Edition)
(5) The airplane in the most critical (4) The airplane trimmed for takeoff;
takeoff configuration existing along and
the flight path after the airplane be- (5) The most unfavorable weight in
comes airborne, except with the land- the range of takeoff weights.
ing gear retracted; (f) VMCL, the minimum control speed
(6) The airplane airborne and the during approach and landing with all
ground effect negligible; and engines operating, is the calibrated air-
(7) If applicable, the propeller of the speed at which, when the critical en-
inoperative engine— gine is suddenly made inoperative, it is
(i) Windmilling; possible to maintain control of the air-
(ii) In the most probable position for plane with that engine still inoper-
the specific design of the propeller con- ative, and maintain straight flight
trol; or with an angle of bank of not more than
(iii) Feathered, if the airplane has an 5 degrees. VMCL must be established
automatic feathering device acceptable with—
for showing compliance with the climb (1) The airplane in the most critical
requirements of § 25.121. configuration (or, at the option of the
(d) The rudder forces required to applicant, each configuration) for ap-
maintain control at VMC may not ex- proach and landing with all engines op-
ceed 150 pounds nor may it be nec- erating;
essary to reduce power or thrust of the (2) The most unfavorable center of
operative engines. During recovery, the gravity;
airplane may not assume any dan- (3) The airplane trimmed for ap-
gerous attitude or require exceptional proach with all engines operating;
piloting skill, alertness, or strength to
(4) The most favorable weight, or, at
prevent a heading change of more than
the option of the applicant, as a func-
20 degrees.
tion of weight;
(e) VMCG, the minimum control speed
on the ground, is the calibrated air- (5) For propeller airplanes, the pro-
speed during the takeoff run at which, peller of the inoperative engine in the
when the critical engine is suddenly position it achieves without pilot ac-
made inoperative, it is possible to tion, assuming the engine fails while at
maintain control of the airplane using the power or thrust necessary to main-
the rudder control alone (without the tain a three degree approach path
use of nosewheel steering), as limited angle; and
by 150 pounds of force, and the lateral (6) Go-around power or thrust setting
control to the extent of keeping the on the operating engine(s).
wings level to enable the takeoff to be (g) For airplanes with three or more
safely continued using normal piloting engines, VMCL-2, the minimum control
skill. In the determination of VMCG, as- speed during approach and landing
suming that the path of the airplane with one critical engine inoperative, is
accelerating with all engines operating the calibrated airspeed at which, when
is along the centerline of the runway, a second critical engine is suddenly
its path from the point at which the made inoperative, it is possible to
critical engine is made inoperative to maintain control of the airplane with
the point at which recovery to a direc- both engines still inoperative, and
tion parallel to the centerline is com- maintain straight flight with an angle
pleted may not deviate more than 30 of bank of not more than 5 degrees.
feet laterally from the centerline at VMCL-2 must be established with—
any point. VMCG must be established (1) The airplane in the most critical
with— configuration (or, at the option of the
(1) The airplane in each takeoff con- applicant, each configuration) for ap-
figuration or, at the option of the approach and landing with one critical
plicant, in the most critical takeoff engine inoperative;
configuration; (2) The most unfavorable center of
(2) Maximum available takeoff power gravity;
or thrust on the operating engines; (3) The airplane trimmed for ap-
(3) The most unfavorable center of proach with one critical engine inoper-
gravity; ative;
412
(4) The most unfavorable weight, or, ther the primary controls or their cor-
at the option of the applicant, as a responding trim controls by the pilot
function of weight; or the automatic pilot.
(5) For propeller airplanes, the pro- (b) Lateral and directional trim. The
peller of the more critical inoperative airplane must maintain lateral and di-
engine in the position it achieves with- rectional trim with the most adverse
out pilot action, assuming the engine lateral displacement of the center of
fails while at the power or thrust nec- gravity within the relevant operating
essary to maintain a three degree ap-
limitations, during normally expected
proach path angle, and the propeller of
the other inoperative engine feathered; conditions of operation (including op-
(6) The power or thrust on the oper- eration at any speed from 1.3 VSR1 to
ating engine(s) necessary to maintain VMO/MMO).
an approach path angle of three de- (c) Longitudinal trim. The airplane
grees when one critical engine is inop- must maintain longitudinal trim dur-
erative; and ing—
(7) The power or thrust on the oper- (1) A climb with maximum contin-
ating engine(s) rapidly changed, imme- uous power at a speed not more than
diately after the second critical engine 1.3 VSR1, with the landing gear re-
is made inoperative, from the power or tracted, and the flaps (i) retracted and
thrust prescribed in paragraph (g)(6) of (ii) in the takeoff position;
this section to— (2) Either a glide with power off at a
(i) Minimum power or thrust; and speed not more than 1.3 VSR1, or an ap-
(ii) Go-around power or thrust set-
proach within the normal range of ap-
ting.
proach speeds appropriate to the
(h) In demonstrations of VMCL and
VMCL-2— weight and configuration with power
(1) The rudder force may not exceed settings corresponding to a 3 degree
150 pounds; glidepath, whichever is the most se-
(2) The airplane may not exhibit haz- vere, with the landing gear extended,
ardous flight characteristics or require the wing flaps (i) retracted and (ii) ex-
exceptional piloting skill, alertness, or tended, and with the most unfavorable
strength; combination of center of gravity posi-
(3) Lateral control must be sufficient tion and weight approved for landing;
to roll the airplane, from an initial and
condition of steady flight, through an (3) Level flight at any speed from 1.3
angle of 20 degrees in the direction nec- VSR1, to VMO/MMO, with the landing gear
essary to initiate a turn away from the and flaps retracted, and from 1.3 VSR1 to
inoperative engine(s), in not more than VLE with the landing gear extended.
5 seconds; and (d) Longitudinal, directional, and lat-
(4) For propeller airplanes, hazardous
eral trim. The airplane must maintain
flight characteristics must not be ex-
hibited due to any propeller position longitudinal, directional, and lateral
achieved when the engine fails or dur- trim (and for the lateral trim, the
ing any likely subsequent movements angle of bank may not exceed five de-
of the engine or propeller controls. grees) at 1.3 VSR1 during climbing flight
with—
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–42, 43 FR 2321, Jan. 16,
(1) The critical engine inoperative;
1978; Amdt. 25–72, 55 FR 29774, July 20, 1990; 55 (2) The remaining engines at max-
FR 37607, Sept. 12, 1990; Amdt. 25–84, 60 FR imum continuous power; and
30749, June 9, 1995; Amdt. 25–108, 67 FR 70827, (3) The landing gear and flaps re-
Nov. 26, 2002] tracted.
TRIM (e) Airplanes with four or more en-
gines. Each airplane with four or more
§ 25.161 Trim. engines must also maintain trim in
(a) General. Each airplane must meet rectilinear flight with the most unfa-
the trim requirements of this section vorable center of gravity and at the
after being trimmed, and without fur- climb speed, configuration, and power
ther pressure upon, or movement of, ei- required by § 25.123(a) for the purpose of
413
§ 25.171 14 CFR Ch. I (1–1–17 Edition)
establishing the en route flight paths speeds above or below the desired trim
with two engines inoperative. speeds if exceptional attention on the
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
part of the pilot is not required to re-
amended by Amdt. 25–23, 35 FR 5671, Apr. 8, turn to and maintain the desired trim
1970; Amdt. 25–38, 41 FR 55466, Dec. 20, 1976; speed and altitude.
Amdt. 25–108, 67 FR 70827, Nov. 26, 2002;
[Amdt. 25–7, 30 FR 13117, Oct. 15, 1965]
Amdt. 25–115, 69 FR 40527, July 2, 2004]
STABILITY § 25.175 Demonstration of static longi-

tudinal stability.
§ 25.171 General. Static longitudinal stability must be
The airplane must be longitudinally, shown as follows:
directionally, and laterally stable in (a) Climb. The stick force curve must
accordance with the provisions of have a stable slope at speeds between
§§ 25.173 through 25.177. In addition, 85 and 115 percent of the speed at which
suitable stability and control feel the airplane—
(static stability) is required in any con- (1) Is trimmed, with—
dition normally encountered in service, (i) Wing flaps retracted;
if flight tests show it is necessary for (ii) Landing gear retracted;
safe operation. (iii) Maximum takeoff weight; and
(iv) 75 percent of maximum contin-
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–7, 30 FR 13117, Oct. 15, uous power for reciprocating engines or
1965] the maximum power or thrust selected
by the applicant as an operating limi-
§ 25.173 Static longitudinal stability. tation for use during climb for turbine
Under the conditions specified in engines; and
§ 25.175, the characteristics of the eleva- (2) Is trimmed at the speed for best
tor control forces (including friction) rate-of-climb except that the speed
must be as follows: need not be less than 1.3 VSR1.
(a) A pull must be required to obtain (b) Cruise. Static longitudinal sta-
and maintain speeds below the speci- bility must be shown in the cruise con-
fied trim speed, and a push must be re- dition as follows:
quired to obtain and maintain speeds (1) With the landing gear retracted at
above the specified trim speed. This high speed, the stick force curve must
must be shown at any speed that can be have a stable slope at all speeds within
obtained except speeds higher than the a range which is the greater of 15 per-
landing gear or wing flap operating cent of the trim speed plus the result-
limit speeds or VFC/MFC, whichever is ing free return speed range, or 50 knots
appropriate, or lower than the min- plus the resulting free return speed
imum speed for steady unstalled flight. range, above and below the trim speed
(b) The airspeed must return to with- (except that the speed range need not
in 10 percent of the original trim speed include speeds less than 1.3 VSR1, nor
for the climb, approach, and landing speeds greater than VFC/MFC, nor speeds
conditions specified in § 25.175 (a), (c), that require a stick force of more than
and (d), and must return to within 7.5 50 pounds), with—
percent of the original trim speed for (i) The wing flaps retracted;
the cruising condition specified in (ii) The center of gravity in the most
§ 25.175(b), when the control force is adverse position (see § 25.27);
slowly released from any speed within (iii) The most critical weight be-
the range specified in paragraph (a) of tween the maximum takeoff and max-
this section. imum landing weights;
(c) The average gradient of the stable (iv) 75 percent of maximum contin-
slope of the stick force versus speed uous power for reciprocating engines or
curve may not be less than 1 pound for for turbine engines, the maximum
each 6 knots. cruising power selected by the appli-
(d) Within the free return speed range cant as an operating limitation (see
specified in paragraph (b) of this sec- § 25.1521), except that the power need
tion, it is permissible for the airplane, not exceed that required at VMO/MMO;
without control forces, to stabilize on and
414
(v) The airplane trimmed for level (4) The airplane trimmed at 1.3 VSR1
flight with the power required in para- with enough power to maintain level
graph (b)(1)(iv) of this section. flight at this speed.
(2) With the landing gear retracted at (d) Landing. The stick force curve
low speed, the stick force curve must must have a stable slope, and the stick
have a stable slope at all speeds within force may not exceed 80 pounds, at
a range which is the greater of 15 per- speeds between VSW and 1.7 VSR0 with—
cent of the trim speed plus the result- (1) Wing flaps in the landing position;
ing free return speed range, or 50 knots (2) Landing gear extended;
plus the resulting free return speed (3) Maximum landing weight;
range, above and below the trim speed (4) The airplane trimmed at 1.3 VSR0
(except that the speed range need not with—
include speeds less than 1.3 VSR1, nor (i) Power or thrust off, and
speeds greater than the minimum (ii) Power or thrust for level flight.
speed of the applicable speed range pre- (5) The airplane trimmed at 1.3 VSR0
scribed in paragraph (b)(1), nor speeds with power or thrust off.
that require a stick force of more than [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
50 pounds), with— amended by Amdt. 25–7, 30 FR 13117, Oct. 15,
(i) Wing flaps, center of gravity posi- 1965; Amdt. 25–108, 67 FR 70827, Nov. 26, 2002;
tion, and weight as specified in para- Amdt. 25–115, 69 FR 40527, July 2, 2004]
graph (b)(1) of this section;
(ii) Power required for level flight at § 25.177 Static lateral-directional sta-
a speed equal to (VMO + 1.3 VSR1)/2; and bility.
(iii) The airplane trimmed for level (a) The static directional stability
flight with the power required in para- (as shown by the tendency to recover
graph (b)(2)(ii) of this section. from a skid with the rudder free) must
(3) With the landing gear extended, be positive for any landing gear and
the stick force curve must have a sta- flap position and symmetric power con-
ble slope at all speeds within a range dition, at speeds from 1.13 VSR1, up to
which is the greater of 15 percent of the VFE, VLE, or VFC/MFC (as appropriate for
trim speed plus the resulting free re- the airplane configuration).
turn speed range, or 50 knots plus the (b) The static lateral stability (as
resulting free return speed range, shown by the tendency to raise the low
above and below the trim speed (except wing in a sideslip with the aileron con-
that the speed range need not include trols free) for any landing gear and flap
speeds less than 1.3 VSR1, nor speeds position and symmetric power condi-
greater than VLE, nor speeds that re- tion, may not be negative at any air-
quire a stick force of more than 50 speed (except that speeds higher than
pounds), with— VFE need not be considered for flaps ex-
(i) Wing flap, center of gravity posi- tended configurations nor speeds high-
tion, and weight as specified in para- er than VLE for landing gear extended
graph (b)(1) of this section; configurations) in the following air-
(ii) 75 percent of maximum contin- speed ranges:
uous power for reciprocating engines (1) From 1.13 VSR1 to VMO/MMO.
or, for turbine engines, the maximum (2) From VMO/MMO to VFC/MFC, unless
cruising power selected by the appli- the divergence is—
cant as an operating limitation, except (i) Gradual;
that the power need not exceed that re- (ii) Easily recognizable by the pilot;
quired for level flight at VLE; and and
(iii) The aircraft trimmed for level (iii) Easily controllable by the pilot.
flight with the power required in para- (c) The following requirement must
graph (b)(3)(ii) of this section. be met for the configurations and speed
(c) Approach. The stick force curve specified in paragraph (a) of this sec-
must have a stable slope at speeds be- tion. In straight, steady sideslips over
tween VSW and 1.7 VSR1, with— the range of sideslip angles appropriate
(1) Wing flaps in the approach posi- to the operation of the airplane, the ai-
tion; leron and rudder control movements

(2) Landing gear retracted; and forces must be substantially pro-
(3) Maximum landing weight; and portional to the angle of sideslip in a
415
§ 25.181 14 CFR Ch. I (1–1–17 Edition)
stable sense. This factor of proportion- STALLS

ality must lie between limits found
necessary for safe operation. The range § 25.201 Stall demonstration.
of sideslip angles evaluated must in- (a) Stalls must be shown in straight
clude those sideslip angles resulting flight and in 30 degree banked turns
from the lesser of: with—
(1) One-half of the available rudder (1) Power off; and
control input; and (2) The power necessary to maintain
(2) A rudder control force of 180 level flight at 1.5 VSR1 (where VSR1 cor-
pounds. responds to the reference stall speed at
(d) For sideslip angles greater than maximum landing weight with flaps in
those prescribed by paragraph (c) of the approach position and the landing
this section, up to the angle at which gear retracted).
full rudder control is used or a rudder (b) In each condition required by
control force of 180 pounds is obtained, paragraph (a) of this section, it must
the rudder control forces may not re- be possible to meet the applicable re-
verse, and increased rudder deflection quirements of § 25.203 with—
must be needed for increased angles of (1) Flaps, landing gear, and decelera-
sideslip. Compliance with this require- tion devices in any likely combination
ment must be shown using straight, of positions approved for operation;
steady sideslips, unless full lateral con- (2) Representative weights within the
trol input is achieved before reaching range for which certification is re-
either full rudder control input or a quested;
rudder control force of 180 pounds; a (3) The most adverse center of grav-
straight, steady sideslip need not be ity for recovery; and
maintained after achieving full lateral (4) The airplane trimmed for straight
control input. This requirement must flight at the speed prescribed in
be met at all approved landing gear and § 25.103(b)(6).
flap positions for the range of oper- (c) The following procedures must be
ating speeds and power conditions ap- used to show compliance with § 25.203;
propriate to each landing gear and flap (1) Starting at a speed sufficiently
position with all engines operating. above the stalling speed to ensure that
[Amdt. 25–135, 76 FR 74654, Dec. 1, 2011] a steady rate of speed reduction can be
established, apply the longitudinal
§ 25.181 Dynamic stability. control so that the speed reduction
does not exceed one knot per second
(a) Any short period oscillation, not until the airplane is stalled.
including combined lateral-directional (2) In addition, for turning flight
oscillations, occurring between 1.13 VSR stalls, apply the longitudinal control
and maximum allowable speed appro- to achieve airspeed deceleration rates
priate to the configuration of the air- up to 3 knots per second.
plane must be heavily damped with the (3) As soon as the airplane is stalled,
primary controls— recover by normal recovery techniques.
(1) Free; and (d) The airplane is considered stalled
(2) In a fixed position. when the behavior of the airplane gives
(b) Any combined lateral-directional the pilot a clear and distinctive indica-
oscillations (‘‘Dutch roll’’) occurring tion of an acceptable nature that the
between 1.13 VSR and maximum allow- airplane is stalled. Acceptable indica-
able speed appropriate to the configu- tions of a stall, occurring either indi-
ration of the airplane must be posi- vidually or in combination, are—
tively damped with controls free, and (1) A nose-down pitch that cannot be
must be controllable with normal use readily arrested;
of the primary controls without requir- (2) Buffeting, of a magnitude and se-
ing exceptional pilot skill. verity that is a strong and effective de-
terrent to further speed reduction; or
[Amdt. 25–42, 43 FR 2322, Jan. 16, 1978, as

amended by Amdt. 25–72, 55 FR 29775, July 20, (3) The pitch control reaches the aft
1990; 55 FR 37607, Sept. 12, 1990; Amdt. 25–108, stop and no further increase in pitch
67 FR 70827, Nov. 26, 2002] attitude occurs when the control is
416
held full aft for a short time before re- acceptable by itself. If a warning de-
covery is initiated. vice is used, it must provide a warning
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
in each of the airplane configurations
amended by Amdt. 25–84, 60 FR 30750, June 9, prescribed in paragraph (a) of this sec-
1995; Amdt. 25–108, 67 FR 70827, Nov. 26, 2002] tion at the speed prescribed in para-
graphs (c) and (d) of this section. Ex-
§ 25.203 Stall characteristics. cept for the stall warning prescribed in
(a) It must be possible to produce and paragraph (h)(3)(ii) of this section, the
to correct roll and yaw by unreversed stall warning for flight in icing condi-
use of the aileron and rudder controls, tions must be provided by the same
up to the time the airplane is stalled. means as the stall warning for flight in
No abnormal nose-up pitching may non-icing conditions.
occur. The longitudinal control force (c) When the speed is reduced at rates
must be positive up to and throughout not exceeding one knot per second,
the stall. In addition, it must be pos- stall warning must begin, in each nor-
sible to promptly prevent stalling and mal configuration, at a speed, VSW, ex-
to recover from a stall by normal use ceeding the speed at which the stall is
of the controls. identified in accordance with § 25.201(d)
(b) For level wing stalls, the roll oc- by not less than five knots or five per-
curring between the stall and the com- cent CAS, whichever is greater. Once
pletion of the recovery may not exceed initiated, stall warning must continue
approximately 20 degrees. until the angle of attack is reduced to
(c) For turning flight stalls, the ac- approximately that at which stall
tion of the airplane after the stall may warning began.
not be so violent or extreme as to (d) In addition to the requirement of
make it difficult, with normal piloting paragraph (c) of this section, when the
skill, to effect a prompt recovery and speed is reduced at rates not exceeding
to regain control of the airplane. The
one knot per second, in straight flight
maximum bank angle that occurs dur-
with engines idling and at the center-
ing the recovery may not exceed—
of-gravity position specified in
(1) Approximately 60 degrees in the
§ 25.103(b)(5), VSW, in each normal con-
original direction of the turn, or 30 de-
grees in the opposite direction, for de- figuration, must exceed VSR by not less
celeration rates up to 1 knot per sec- than three knots or three percent CAS,
ond; and whichever is greater.
(2) Approximately 90 degrees in the (e) In icing conditions, the stall
original direction of the turn, or 60 de- warning margin in straight and turn-
grees in the opposite direction, for de- ing flight must be sufficient to allow
celeration rates in excess of 1 knot per the pilot to prevent stalling (as defined
second. in § 25.201(d)) when the pilot starts a re-
covery maneuver not less than three
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
seconds after the onset of stall warn-
amended by Amdt. 25–84, 60 FR 30750, June 9,
1995] ing. When demonstrating compliance
with this paragraph, the pilot must
§ 25.207 Stall warning. perform the recovery maneuver in the
(a) Stall warning with sufficient mar- same way as for the airplane in non-
gin to prevent inadvertent stalling icing conditions. Compliance with this
with the flaps and landing gear in any requirement must be demonstrated in
normal position must be clear and dis- flight with the speed reduced at rates
tinctive to the pilot in straight and not exceeding one knot per second,
turning flight. with—
(b) The warning must be furnished ei- (1) The most critical of the takeoff
ther through the inherent aerodynamic ice and final takeoff ice accretions de-
qualities of the airplane or by a device fined in Appendices C and O of this
that will give clearly distinguishable part, as applicable, in accordance with
indications under expected conditions § 25.21(g), for each configuration used in
of flight. However, a visual stall warn- the takeoff phase of flight;

ing device that requires the attention (2) The most critical of the en route
of the crew within the cockpit is not ice accretion(s) defined in Appendices C
417
§ 25.231 14 CFR Ch. I (1–1–17 Edition)
and O of this part, as applicable, in ac- gin in straight and turning flight must
cordance with § 25.21(g), for the en be sufficient to allow the pilot to pre-
route configuration; vent stalling without encountering any
(3) The most critical of the holding adverse flight characteristics when:
ice accretion(s) defined in Appendices C (1) The speed is reduced at rates not
and O of this part, as applicable, in ac- exceeding one knot per second;
cordance with § 25.21(g), for the holding (2) The pilot performs the recovery
configuration(s); maneuver in the same way as for flight
(4) The most critical of the approach in non-icing conditions; and
ice accretion(s) defined in Appendices C (3) The recovery maneuver is started
and O of this part, as applicable, in ac- no earlier than:
cordance with § 25.21(g), for the ap- (i) One second after the onset of stall
proach configuration(s); and warning if stall warning is provided by
(5) The most critical of the landing the same means as for flight in non-
ice accretion(s) defined in Appendices C icing conditions; or
and O of this part, as applicable, in ac- (ii) Three seconds after the onset of
cordance with § 25.21(g), for the landing stall warning if stall warning is pro-
and go-around configuration(s). vided by a different means than for
(f) The stall warning margin must be flight in non-icing conditions.
sufficient in both non-icing and icing (i) In showing compliance with para-
conditions to allow the pilot to prevent graph (h) of this section, if stall warn-
stalling when the pilot starts a recov- ing is provided by a different means in
ery maneuver not less than one second icing conditions than for non-icing con-
after the onset of stall warning in slow- ditions, compliance with § 25.203 must
down turns with at least 1.5 g load fac- be shown using the accretion defined in
tor normal to the flight path and air- appendix C, part II(e) of this part. Com-
speed deceleration rates of at least 2 pliance with this requirement must be
knots per second. When demonstrating shown using the demonstration pre-
compliance with this paragraph for scribed by § 25.201, except that the de-
icing conditions, the pilot must per- celeration rates of § 25.201(c)(2) need not
form the recovery maneuver in the be demonstrated.
same way as for the airplane in non-
icing conditions. Compliance with this [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
requirement must be demonstrated in
1965; Amdt. 25–42, 43 FR 2322, Jan. 16, 1978;
flight with— Amdt. 25–108, 67 FR 70827, Nov. 26, 2002;
(1) The flaps and landing gear in any Amdt. 25–121, 72 FR 44668, Aug. 8, 2007; Amdt.
normal position; 25–129, 74 FR 38339, Aug. 3, 2009; Amdt. 25–140,
(2) The airplane trimmed for straight 79 FR 65526, Nov. 4, 2014]
flight at a speed of 1.3 VSR; and
(3) The power or thrust necessary to GROUND AND WATER HANDLING
maintain level flight at 1.3 VSR. CHARACTERISTICS
(g) Stall warning must also be pro-
vided in each abnormal configuration § 25.231 Longitudinal stability and
control.
of the high lift devices that is likely to
be used in flight following system fail- (a) Landplanes may have no uncon-
ures (including all configurations cov- trollable tendency to nose over in any
ered by Airplane Flight Manual proce- reasonably expected operating condi-
dures). tion or when rebound occurs during
(h) The following stall warning mar- landing or takeoff. In addition—
gin is required for flight in icing condi- (1) Wheel brakes must operate
tions before the ice protection system smoothly and may not cause any undue
has been activated and is performing tendency to nose over; and
its intended function. Compliance must (2) If a tail-wheel landing gear is
be shown using the most critical of the used, it must be possible, during the
ice accretion(s) defined in Appendix C, takeoff ground run on concrete, to
part II, paragraph (e) of this part and maintain any attitude up to thrust line
Appendix O, part II, paragraph (d) of level, at 75 percent of VSR1.

this part, as applicable, in accordance (b) For seaplanes and amphibians,
with § 25.21(g). The stall warning mar- the most adverse water conditions safe
418
for takeoff, taxiing, and landing, must (3) The landing crosswind component
be established. must be established for:
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
(i) Non-icing conditions, and
amended by Amdt. 25–108, 67 FR 70828, Nov. (ii) Icing conditions with the most
26, 2002] critical of the landing ice accretion(s)
defined in Appendices C and O of this
§ 25.233 Directional stability and con- part, as applicable, in accordance with
trol. § 25.21(g).
(a) There may be no uncontrollable (b) For seaplanes and amphibians,
ground-looping tendency in 90° cross the following applies:
winds, up to a wind velocity of 20 knots (1) A 90-degree cross component of
or 0.2 VSR0, whichever is greater, except wind velocity, up to which takeoff and
that the wind velocity need not exceed landing is safe under all water condi-
25 knots at any speed at which the air- tions that may reasonably be expected
plane may be expected to be operated in normal operation, must be estab-
on the ground. This may be shown lished and must be at least 20 knots or
while establishing the 90° cross compo- 0.2 VSR0, whichever is greater, except
nent of wind velocity required by that it need not exceed 25 knots.
§ 25.237. (2) A wind velocity, for which taxiing
(b) Landplanes must be satisfactorily is safe in any direction under all water
controllable, without exceptional pilot- conditions that may reasonably be ex-
ing skill or alertness, in power-off land- pected in normal operation, must be es-
ings at normal landing speed, without tablished and must be at least 20 knots
using brakes or engine power to main- or 0.2 VSR0, whichever is greater, except
tain a straight path. This may be that it need not exceed 25 knots.
shown during power-off landings made [Amdt. 25–42, 43 FR 2322, Jan. 16, 1978, as
in conjunction with other tests. amended by Amdt. 25–108, 67 FR 70827, Nov.
(c) The airplane must have adequate 26, 2002; Amdt. 25–121, 72 FR 44668, Aug. 8,
directional control during taxiing. This 2007; Amdt. 25–140, 79 FR 65525, Nov. 4, 2014]
may be shown during taxiing prior to
takeoffs made in conjunction with § 25.239 Spray characteristics, control,
other tests. and stability on water.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as (a) For seaplanes and amphibians,
amended by Amdt. 25–23, 35 FR 5671, Apr. 8, during takeoff, taxiing, and landing,
1970; Amdt. 25–42, 43 FR 2322, Jan. 16, 1978; and in the conditions set forth in para-
Amdt. 25–94, 63 FR 8848, Feb. 23, 1998; Amdt. graph (b) of this section, there may be
25–108, 67 FR 70828, Nov. 26, 2002] no—
(1) Spray characteristics that would
§ 25.235 Taxiing condition. impair the pilot’s view, cause damage,
The shock absorbing mechanism may or result in the taking in of an undue
not damage the structure of the air- quantity of water;
plane when the airplane is taxied on (2) Dangerously uncontrollable
the roughest ground that may reason- porpoising, bounding, or swinging tend-
ably be expected in normal operation. ency; or
(3) Immersion of auxiliary floats or
§ 25.237 Wind velocities. sponsons, wing tips, propeller blades,
(a) For land planes and amphibians, or other parts not designed to with-
the following applies: stand the resulting water loads.
(1) A 90-degree cross component of (b) Compliance with the require-
wind velocity, demonstrated to be safe ments of paragraph (a) of this section
for takeoff and landing, must be estab- must be shown—
lished for dry runways and must be at (1) In water conditions, from smooth
least 20 knots or 0.2 VSR0, whichever is to the most adverse condition estab-
greater, except that it need not exceed lished in accordance with § 25.231;
25 knots. (2) In wind and cross-wind velocities,
(2) The crosswind component for water currents, and associated waves
takeoff established without ice accre- and swells that may reasonably be ex-
tions is valid in icing conditions. pected in operation on water;
419
§ 25.251 14 CFR Ch. I (1–1–17 Edition)
(3) At speeds that may reasonably be cient range of speeds and load factors
expected in operation on water; for normal operations. Probable inad-
(4) With sudden failure of the critical vertent excursions beyond the bound-
engine at any time while on water; and aries of the buffet onset envelopes may
(5) At each weight and center of grav- not result in unsafe conditions.
ity position, relevant to each operating [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
condition, within the range of loading amended by Amdt. 25–23, 35 FR 5671, Apr. 8,
conditions for which certification is re- 1970; Amdt. 25–72, 55 FR 29775, July 20, 1990;
quested. Amdt. 25–77, 57 FR 28949, June 29, 1992]
(c) In the water conditions of para-
graph (b) of this section, and in the § 25.253 High-speed characteristics.
corresponding wind conditions, the sea- (a) Speed increase and recovery charac-
plane or amphibian must be able to teristics. The following speed increase
drift for five minutes with engines in- and recovery characteristics must be
operative, aided, if necessary, by a sea met:
anchor. (1) Operating conditions and charac-
teristics likely to cause inadvertent
MISCELLANEOUS FLIGHT REQUIREMENTS speed increases (including upsets in
pitch and roll) must be simulated with
§ 25.251 Vibration and buffeting.
the airplane trimmed at any likely
(a) The airplane must be dem- cruise speed up to VMO/MMO. These con-
onstrated in flight to be free from any ditions and characteristics include gust
vibration and buffeting that would pre- upsets, inadvertent control move-
vent continued safe flight in any likely ments, low stick force gradient in rela-
operating condition. tion to control friction, passenger
(b) Each part of the airplane must be movement, leveling off from climb, and
demonstrated in flight to be free from descent from Mach to airspeed limit al-
excessive vibration under any appro- titudes.
priate speed and power conditions up to (2) Allowing for pilot reaction time
VDF/MDF. The maximum speeds shown after effective inherent or artificial
must be used in establishing the oper- speed warning occurs, it must be shown
ating limitations of the airplane in ac- that the airplane can be recovered to a
cordance with § 25.1505. normal attitude and its speed reduced
(c) Except as provided in paragraph to VMO/MMO, without—
(d) of this section, there may be no buf- (i) Exceptional piloting strength or
feting condition, in normal flight, in- skill;
cluding configuration changes during (ii) Exceeding VD/MD, VDF/MDF, or the
cruise, severe enough to interfere with structural limitations; and
the control of the airplane, to cause ex- (iii) Buffeting that would impair the
cessive fatigue to the crew, or to cause pilot’s ability to read the instruments
structural damage. Stall warning buf- or control the airplane for recovery.
feting within these limits is allowable. (3) With the airplane trimmed at any
(d) There may be no perceptible buf- speed up to VMO/MMO, there must be no
feting condition in the cruise configu- reversal of the response to control
ration in straight flight at any speed input about any axis at any speed up to
up to VMO/MMO, except that stall warn- VDF/MDF. Any tendency to pitch, roll, or
ing buffeting is allowable. yaw must be mild and readily control-
(e) For an airplane with MD greater lable, using normal piloting tech-
than .6 or with a maximum operating niques. When the airplane is trimmed
altitude greater than 25,000 feet, the at VMO/MMO, the slope of the elevator
positive maneuvering load factors at control force versus speed curve need
which the onset of perceptible buf- not be stable at speeds greater than
feting occurs must be determined with VFC/MFC, but there must be a push force
the airplane in the cruise configuration at all speeds up to VDF/MDF and there
for the ranges of airspeed or Mach must be no sudden or excessive reduc-
number, weight, and altitude for which tion of elevator control force as VDF/
the airplane is to be certificated. The MDF is reached.

envelopes of load factor, speed, alti- (4) Adequate roll capability to assure
tude, and weight must provide a suffi- a prompt recovery from a lateral upset
420
condition must be available at any controllability with the degree of out-

speed up to VDF/MDF. of-trim in both the airplane nose-up
(5) With the airplane trimmed at and nose-down directions, which re-
VMO/MMO, extension of the speedbrakes sults from the greater of—
over the available range of movements (1) A three-second movement of the
of the pilot’s control, at all speeds longitudinal trim system at its normal
above VMO/MMO, but not so high that rate for the particular flight condition
VDF/MDF would be exceeded during the with no aerodynamic load (or an equiv-
maneuver, must not result in: alent degree of trim for airplanes that
(i) An excessive positive load factor do not have a power-operated trim sys-
when the pilot does not take action to tem), except as limited by stops in the
counteract the effects of extension; trim system, including those required
(ii) Buffeting that would impair the by § 25.655(b) for adjustable stabilizers;
pilot’s ability to read the instruments or
or control the airplane for recovery; or (2) The maximum mistrim that can
(iii) A nose down pitching moment, be sustained by the autopilot while
unless it is small. maintaining level flight in the high
(b) Maximum speed for stability charac- speed cruising condition.
teristics, VFC/MFC. VFC/MFC is the max- (b) In the out-of-trim condition speci-
imum speed at which the requirements fied in paragraph (a) of this section,
of §§ 25.143(g), 25.147(f), 25.175(b)(1), when the normal acceleration is varied
25.177(a) through (c), and 25.181 must be from + 1 g to the positive and negative
met with flaps and landing gear re- values specified in paragraph (c) of this
tracted. Except as noted in § 25.253(c), section—
VFC/MFC may not be less than a speed (1) The stick force vs. g curve must
midway between VMO/MMO and VDF/MDF, have a positive slope at any speed up to
except that, for altitudes where Mach and including VFC/MFC; and
number is the limiting factor, MFC need (2) At speeds between VFC/MFC and
not exceed the Mach number at which VDF/MDF the direction of the primary
effective speed warning occurs. longitudinal control force may not re-
(c) Maximum speed for stability charac- verse.
teristics in icing conditions. The max- (c) Except as provided in paragraphs
imum speed for stability characteris- (d) and (e) of this section, compliance
tics with the most critical of the ice with the provisions of paragraph (a) of
accretions defined in Appendices C and
this section must be demonstrated in
O of this part, as applicable, in accord-
flight over the acceleration range—
ance with § 25.21(g), at which the re-
(1) ¥1 g to + 2.5 g; or
quirements of §§ 25.143(g), 25.147(f),
(2) 0 g to 2.0 g, and extrapolating by
25.175(b)(1), 25.177(a) through (c), and
an acceptable method to ¥1 g and + 2.5
25.181 must be met, is the lower of:
g.
(1) 300 knots CAS;
(d) If the procedure set forth in para-
(2) VFC; or
(3) A speed at which it is dem- graph (c)(2) of this section is used to
onstrated that the airframe will be free demonstrate compliance and marginal
of ice accretion due to the effects of in- conditions exist during flight test with
creased dynamic pressure. regard to reversal of primary longitu-
dinal control force, flight tests must be
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as accomplished from the normal accel-
amended by Amdt. 25–23, 35 FR 5671, Apr. 8, eration at which a marginal condition
1970; Amdt. 25–54, 45 FR 60172, Sept. 11, 1980;
is found to exist to the applicable limit
Amdt. 25–72, 55 FR 29775, July 20, 1990; Amdt.
25–84, 60 FR 30750, June 9, 1995; Amdt. 25–121, specified in paragraph (b)(1) of this sec-
72 FR 44668, Aug. 8, 2007; Amdt. 25–135, 76 FR tion.
74654, Dec. 1, 2011; Amdt. 25–140,79 FR 65525, (e) During flight tests required by
Nov. 4, 2014] paragraph (a) of this section, the limit
maneuvering load factors prescribed in
§ 25.255 Out-of-trim characteristics. §§ 25.333(b) and 25.337, and the maneu-
(a) From an initial condition with vering load factors associated with
the airplane trimmed at cruise speeds probable inadvertent excursions be-

up to VMO/MMO, the airplane must have yond the boundaries of the buffet onset
satisfactory maneuvering stability and envelopes determined under § 25.251(e),
421
§ 25.301 14 CFR Ch. I (1–1–17 Edition)
need not be exceeded. In addition, the termining those loading conditions are
entry speeds for flight test demonstra- shown to be reliable.
tions at normal acceleration values (c) If deflections under load would
less than 1 g must be limited to the ex- significantly change the distribution of
tent necessary to accomplish a recov- external or internal loads, this redis-
ery without exceeding VDF/MDF. tribution must be taken into account.
(f) In the out-of-trim condition speci-
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
fied in paragraph (a) of this section, it
must be possible from an overspeed 1970]
condition at VDF/MDF to produce at
least 1.5 g for recovery by applying not § 25.303 Factor of safety.
more than 125 pounds of longitudinal
Unless otherwise specified, a factor of
control force using either the primary
safety of 1.5 must be applied to the pre-
longitudinal control alone or the pri-
scribed limit load which are considered
mary longitudinal control and the lon-
gitudinal trim system. If the longitu- external loads on the structure. When a
dinal trim is used to assist in pro- loading condition is prescribed in
ducing the required load factor, it must terms of ultimate loads, a factor of
be shown at VDF/MDF that the longitu- safety need not be applied unless other-
dinal trim can be actuated in the air- wise specified.
plane nose-up direction with the pri- [Amdt. 25–23, 35 FR 5672, Apr. 8, 1970]
mary surface loaded to correspond to
the least of the following airplane § 25.305 Strength and deformation.
nose-up control forces: (a) The structure must be able to
(1) The maximum control forces ex- support limit loads without detri-
pected in service as specified in §§ 25.301 mental permanent deformation. At any
and 25.397. load up to limit loads, the deformation
(2) The control force required to may not interfere with safe operation.
produce 1.5 g. (b) The structure must be able to
(3) The control force corresponding to support ultimate loads without failure
buffeting or other phenomena of such for at least 3 seconds. However, when
intensity that it is a strong deterrent proof of strength is shown by dynamic
to further application of primary longi- tests simulating actual load condi-
tudinal control force. tions, the 3-second limit does not
[Amdt. 25–42, 43 FR 2322, Jan. 16, 1978] apply. Static tests conducted to ulti-
mate load must include the ultimate
Subpart C—Structure deflections and ultimate deformation
induced by the loading. When analyt-
GENERAL ical methods are used to show compli-
ance with the ultimate load strength
§ 25.301 Loads. requirements, it must be shown that—
(a) Strength requirements are speci- (1) The effects of deformation are not
fied in terms of limit loads (the max- significant;
imum loads to be expected in service) (2) The deformations involved are
and ultimate loads (limit loads multi- fully accounted for in the analysis; or
plied by prescribed factors of safety). (3) The methods and assumptions
Unless otherwise provided, prescribed used are sufficient to cover the effects
loads are limit loads. of these deformations.
(b) Unless otherwise provided, the (c) Where structural flexibility is
specified air, ground, and water loads such that any rate of load application
must be placed in equilibrium with in- likely to occur in the operating condi-
ertia forces, considering each item of tions might produce transient stresses
mass in the airplane. These loads must appreciably higher than those cor-
be distributed to conservatively ap- responding to static loads, the effects
proximate or closely represent actual of this rate of application must be con-
conditions. Methods used to determine sidered.
load intensities and distribution must (d) [Reserved]

be validated by flight load measure- (e) The airplane must be designed to
ment unless the methods used for de- withstand any vibration and buffeting
422
that might occur in any likely oper- weight of the airplane. A positive load
ating condition up to VD/MD, including factor is one in which the aerodynamic
stall and probable inadvertent excur- force acts upward with respect to the
sions beyond the boundaries of the buf- airplane.
fet onset envelope. This must be shown (b) Considering compressibility ef-
by analysis, flight tests, or other tests fects at each speed, compliance with
found necessary by the Administrator. the flight load requirements of this
(f) Unless shown to be extremely im- subpart must be shown—
probable, the airplane must be designed (1) At each critical altitude within
to withstand any forced structural vi- the range of altitudes selected by the
bration resulting from any failure, applicant;
malfunction or adverse condition in (2) At each weight from the design
the flight control system. These must minimum weight to the design max-
be considered limit loads and must be imum weight appropriate to each par-
investigated at airspeeds up to VC/MC. ticular flight load condition; and
(3) For each required altitude and
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–23, 35 FR 5672, Apr. 8, weight, for any practicable distribution
1970; Amdt. 25–54, 45 FR 60172, Sept. 11, 1980; of disposable load within the operating
Amdt. 25–77, 57 FR 28949, June 29, 1992; Amdt. limitations recorded in the Airplane
25–86, 61 FR 5220, Feb. 9, 1996] Flight Manual.
(c) Enough points on and within the
§ 25.307 Proof of structure. boundaries of the design envelope must
(a) Compliance with the strength and be investigated to ensure that the max-
deformation requirements of this sub- imum load for each part of the airplane
part must be shown for each critical structure is obtained.
loading condition. Structural analysis (d) The significant forces acting on
may be used only if the structure con- the airplane must be placed in equi-
forms to that for which experience has librium in a rational or conservative
shown this method to be reliable. In manner. The linear inertia forces must
other cases, substantiating tests must be considered in equilibrium with the
be made to load levels that are suffi- thrust and all aerodynamic loads,
cient to verify structural behavior up while the angular (pitching) inertia
to loads specified in § 25.305. forces must be considered in equi-
(b)–(c) [Reserved] librium with thrust and all aero-
(d) When static or dynamic tests are dynamic moments, including moments
used to show compliance with the re- due to loads on components such as
quirements of § 25.305(b) for flight tail surfaces and nacelles. Critical
structures, appropriate material cor- thrust values in the range from zero to
rection factors must be applied to the maximum continuous thrust must be
test results, unless the structure, or considered.
part thereof, being tested has features [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
such that a number of elements con- amended by Amdt. 25–23, 35 FR 5672, Apr. 8,
tribute to the total strength of the 1970; Amdt. 25–86, 61 FR 5220, Feb. 9, 1996]
structure and the failure of one ele-
ment results in the redistribution of FLIGHT MANEUVER AND GUST
the load through alternate load paths. CONDITIONS
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as § 25.331 Symmetric maneuvering con-
amended by Amdt. 25–23, 35 FR 5672, Apr. 8, ditions.
1970; Amdt. 25–54, 45 FR 60172, Sept. 11, 1980;
Amdt. 25–72, 55 FR 29775, July 20, 1990; 79 FR (a) Procedure. For the analysis of the
59429, Oct. 2, 2014] maneuvering flight conditions specified
in paragraphs (b) and (c) of this sec-
FLIGHT LOADS tion, the following provisions apply:
(1) Where sudden displacement of a
§ 25.321 General. control is specified, the assumed rate
(a) Flight load factors represent the of control surface displacement may
ratio of the aerodynamic force compo- not be less than the rate that could be
nent (acting normal to the assumed applied by the pilot through the con-
longitudinal axis of the airplane) to the trol system.
423
§ 25.331 14 CFR Ch. I (1–1–17 Edition)
(2) In determining elevator angles positive limit load factor prescribed in

and chordwise load distribution in the § 25.337 is achieved. As a separate condi-
maneuvering conditions of paragraphs tion, nose-down checked pitching ma-
(b) and (c) of this section, the effect of neuvers must be analyzed in which a
corresponding pitching velocities must limit load factor of 0g is achieved. In
be taken into account. The in-trim and defining the airplane loads, the flight
out-of-trim flight conditions specified deck pitch control motions described
in § 25.255 must be considered. in paragraphs (c)(2)(i) through (iv) of
(b) Maneuvering balanced conditions. this section must be used:
Assuming the airplane to be in equi- (i) The airplane is assumed to be fly-
librium with zero pitching accelera- ing in steady level flight at any speed
tion, the maneuvering conditions A between VA and VD and the flight deck
through I on the maneuvering envelope pitch control is moved in accordance
in § 25.333(b) must be investigated. with the following formula:
(c) Maneuvering pitching conditions.
d(t) = d1 sin(wt) for 0 ≤ t ≤ tmax
The following conditions must be in-
vestigated: Where—
(1) Maximum pitch control displacement d1 = the maximum available displacement of
at VA. The airplane is assumed to be the flight deck pitch control in the ini-
flying in steady level flight (point A1, tial direction, as limited by the control
§ 25.333(b)) and the cockpit pitch con- system stops, control surface stops, or by
trol is suddenly moved to obtain ex- pilot effort in accordance with § 25.397(b);
d(t) = the displacement of the flight deck
treme nose up pitching acceleration. In
pitch control as a function of time. In
defining the tail load, the response of the initial direction, d(t) is limited to d1.
the airplane must be taken into ac- In the reverse direction, d(t) may be
count. Airplane loads that occur subse- truncated at the maximum available dis-
quent to the time when normal accel- placement of the flight deck pitch con-
eration at the c.g. exceeds the positive trol as limited by the control system
limit maneuvering load factor (at point stops, control surface stops, or by pilot
A2 in § 25.333(b)), or the resulting effort in accordance with 25.397(b);
tailplane normal load reaches its max- tmax = 3π/2w;
w = the circular frequency (radians/second) of
imum, whichever occurs first, need not the control deflection taken equal to the
be considered. undamped natural frequency of the short
(2) Checked maneuver between VA and period rigid mode of the airplane, with
VD. Nose-up checked pitching maneu- active control system effects included
vers must be analyzed in which the where appropriate; but not less than:
Where necessary to ensure that the normal

V = the speed of the airplane at entry to the acceleration at the center of gravity
maneuver. does not go below 0g.
VA = the design maneuvering speed pre- (iii) In addition, for cases where the
scribed in § 25.335(c). airplane response to the specified flight
deck pitch control motion does not
(ii) For nose-up pitching maneuvers,
achieve the prescribed limit load fac-
the complete flight deck pitch control
tors, then the following flight deck
displacement history may be scaled
pitch control motion must be used:
down in amplitude to the extent nec-
essary to ensure that the positive limit d(t) = d1 sin(wt) for 0 ≤ t ≤ t1
load factor prescribed in § 25.337 is not d(t) = d1 for t1 ≤ t ≤ t2
d(t) = d1 sin(w[t + t1 ¥ t2]) for t2 ≤ t ≤
exceeded. For nose-down pitching ma-
tmax
neuvers, the complete flight deck con-
trol displacement history may be Where—
scaled down in amplitude to the extent t1 = π/2w
424
ER11DE14.023</GPH>
t2 = t1 + Dt to be achieved in the initial direction,
tmax = t2 + π/w; but it need not exceed five seconds (see
Dt = the minimum period of time necessary figure below).
to allow the prescribed limit load factor
(iv) In cases where the flight deck (C) tmax..

pitch control motion may be affected [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
by inputs from systems (for example, amended by Amdt. 25–23, 35 FR 5672, Apr. 8,
by a stick pusher that can operate at 1970; Amdt. 25–46, 43 FR 50594, Oct. 30, 1978; 43
high load factor as well as at 1g), then FR 52495, Nov. 13, 1978; 43 FR 54082, Nov. 20,
the effects of those systems shall be 1978; Amdt. 25–72, 55 FR 29775, July 20, 1990; 55
taken into account. FR 37607, Sept. 12, 1990; Amdt. 25–86, 61 FR
5220, Feb. 9, 1996; Amdt. 25–91, 62 FR 40704,
(v) Airplane loads that occur beyond July 29, 1997; Amdt. 25–141, 79 FR 73466, Dec.
the following times need not be consid- 11, 2014]
ered:
(A) For the nose-up pitching maneu- § 25.333 Flight maneuvering envelope.
ver, the time at which the normal ac- (a) General. The strength require-
celeration at the center of gravity goes ments must be met at each combina-
below 0g; tion of airspeed and load factor on and
(B) For the nose-down pitching ma- within the boundaries of the represent-
neuver, the time at which the normal ative maneuvering envelope (V-n dia-
acceleration at the center of gravity gram) of paragraph (b) of this section.
goes above the positive limit load fac- This envelope must also be used in de-
tor prescribed in § 25.337; termining the airplane structural oper-
ating limitations as specified in
§ 25.1501.
(b) Maneuvering envelope.
425
ER11DE14.024</GPH>
§ 25.335 14 CFR Ch. I (1–1–17 Edition)
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as amended by Amdt. 25–86, 61 FR 5220, Feb. 9, 1996]
§ 25.335 Design airspeeds. (1) From an initial condition of sta-

bilized flight at VC/MC, the airplane is
The selected design airspeeds are
upset, flown for 20 seconds along a
equivalent airspeeds (EAS). Estimated
flight path 7.5° below the initial path,
values of VS0 and VS1 must be conserv-
and then pulled up at a load factor of
ative.
1.5g (0.5g acceleration increment). The
(a) Design cruising speed, VC. For VC,
speed increase occurring in this maneu-
the following apply:
ver may be calculated if reliable or
(1) The minimum value of VC must be
conservative aerodynamic data is used.
sufficiently greater than VB to provide
Power as specified in § 25.175(b)(1)(iv) is
for inadvertent speed increases likely
assumed until the pullup is initiated,
to occur as a result of severe atmos-
pheric turbulence. at which time power reduction and the
use of pilot controlled drag devices
(2) Except as provided in § 25.335(d)(2),
may be assumed;
VC may not be less than VB + 1.32 U REF
(with UREF as specified in (2) The minimum speed margin must
§ 25.341(a)(5)(i)). However VC need not be enough to provide for atmospheric
exceed the maximum speed in level variations (such as horizontal gusts,
flight at maximum continuous power and penetration of jet streams and cold
for the corresponding altitude. fronts) and for instrument errors and
(3) At altitudes where VD is limited airframe production variations. These
by Mach number, VC may be limited to factors may be considered on a prob-
a selected Mach number. ability basis. The margin at altitude
(b) Design dive speed, VD. VD must be where MC is limited by compressibility
selected so that VC/MC is not greater effects must not less than 0.07M unless
than 0.8 VD/MD, or so that the minimum a lower margin is determined using a
speed margin between VC/MC and VD/MD rational analysis that includes the ef-
is the greater of the following values: fects of any automatic systems. In any
426
EC28SE91.035</GPH>
case, the margin may not be reduced to greater than the operating speed rec-
less than 0.05M. ommended for the corresponding stage
(c) Design maneuvering speed VA. For of flight (including balked landings) to
VA, the following apply: allow for probable variations in control
(1) VA may not be less than VS1 √n of airspeed and for transition from one
where— flap position to another.
(i) n is the limit positive maneu- (2) If an automatic flap positioning or
vering load factor at VC; and load limiting device is used, the speeds
(ii) VS1 is the stalling speed with flaps and corresponding flap positions pro-
retracted. grammed or allowed by the device may
(2) VA and VS must be evaluated at be used.
the design weight and altitude under (3) VF may not be less than—
consideration. (i) 1.6 VS1 with the flaps in takeoff po-
(3) VA need not be more than VC or sition at maximum takeoff weight;
the speed at which the positive CN max
(ii) 1.8 VS1 with the flaps in approach
curve intersects the positive maneuver
position at maximum landing weight,
load factor line, whichever is less.
and
(d) Design speed for maximum gust in-
tensity, VB. (iii) 1.8 VS0 with the flaps in landing
(1) VB may not be less than position at maximum landing weight.
(f) Design drag device speeds, VDD. The
12 selected design speed for each drag de-
⎡ K g U ref Vc a ⎤ vice must be sufficiently greater than
VS1 ⎢1 + ⎥ the speed recommended for the oper-
⎣ 498w ⎦ ation of the device to allow for prob-
where— able variations in speed control. For
VS1 = the 1-g stalling speed based on CNAmax drag devices intended for use in high
with the flaps retracted at the particular speed descents, VDD may not be less
weight under consideration; than VD. When an automatic drag de-
Vc = design cruise speed (knots equivalent
vice positioning or load limiting means
airspeed);
Uref = the reference gust velocity (feet per is used, the speeds and corresponding
second equivalent airspeed) from drag device positions programmed or
§ 25.341(a)(5)(i); allowed by the automatic means must
w = average wing loading (pounds per square be used for design.
foot) at the particular weight under con-
sideration. [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
.88 μ 1970; Amdt. 25–86, 61 FR 5220, Feb. 9, 1996;
Kg = Amdt. 25–91, 62 FR 40704, July 29, 1997]
5.3 + μ § 25.337 Limit maneuvering load fac-
tors.
2w
μ= (a) Except where limited by max-
ρcag imum (static) lift coefficients, the air-
r = density of air (slugs/ft3); plane is assumed to be subjected to
c = mean geometric chord of the wing (feet); symmetrical maneuvers resulting in
g = acceleration due to gravity (ft/sec2); the limit maneuvering load factors pre-
a = slope of the airplane normal force coeffi- scribed in this section. Pitching veloci-
cient curve, CNA per radian; ties appropriate to the corresponding
(2) At altitudes where VC is limited pull-up and steady turn maneuvers
by Mach number— must be taken into account.
(i) VB may be chosen to provide an (b) The positive limit maneuvering
optimum margin between low and high load factor n for any speed up to Vn
speed buffet boundaries; and, may not be less than 2.1 + 24,000/ (W +
(ii) VB need not be greater than VC. 10,000) except that n may not be less
(e) Design flap speeds, VF. For VF, the than 2.5 and need not be greater than
following apply: 3.8—where W is the design maximum
(1) The design flap speed for each flap takeoff weight.
ER09FE96.017</MATH>
position (established in accordance (c) The negative limit maneuvering

with § 25.697(a)) must be sufficiently load factor—
427
ER09fe96.016</MATH>
§ 25.341 14 CFR Ch. I (1–1–17 Edition)
(1) May not be less than ¥1.0 at (i) At airplane speeds between VB and
speeds up to VC; and VC: Positive and negative gusts with
(2) Must vary linearly with speed reference gust velocities of 56.0 ft/sec
from the value at VC to zero at VD. EAS must be considered at sea level.
(d) Maneuvering load factors lower The reference gust velocity may be re-
than those specified in this section duced linearly from 56.0 ft/sec EAS at
may be used if the airplane has design sea level to 44.0 ft/sec EAS at 15,000
features that make it impossible to ex- feet. The reference gust velocity may
ceed these values in flight. be further reduced linearly from 44.0 ft/
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as sec EAS at 15,000 feet to 20.86 ft/sec
amended by Amdt. 25–23, 35 FR 5672, Apr. 8, EAS at 60,000 feet.
1970] (ii) At the airplane design speed VD:
The reference gust velocity must be 0.5
§ 25.341 Gust and turbulence loads. times the value obtained under
(a) Discrete Gust Design Criteria. The § 25.341(a)(5)(i).
airplane is assumed to be subjected to (6) The flight profile alleviation fac-
symmetrical vertical and lateral gusts tor, Fg, must be increased linearly from
in level flight. Limit gust loads must the sea level value to a value of 1.0 at
be determined in accordance with the the maximum operating altitude de-
provisions: fined in § 25.1527. At sea level, the flight
(1) Loads on each part of the struc- profile alleviation factor is determined
ture must be determined by dynamic by the following equation:
analysis. The analysis must take into
account unsteady aerodynamic charac-
teristics and all significant structural (
Fg = 0.5 Fgz + Fgm )
degrees of freedom including rigid body
motions. Where:
(2) The shape of the gust must be:
Z mo
U ⎡ ⎛ πs ⎞ ⎤ Fgz = 1 − ;
U = ds ⎢1- Cos⎜ ⎟ ⎥ 250000
2 ⎣ ⎝ H ⎠⎦
πR1 ⎞
for 0 ≤s ≤2H Fgm = R 2 Tan ⎛ 4⎠;
where— ⎝
s = distance penetrated into the gust (feet);
Uds = the design gust velocity in equivalent Maximum Landing Weight
airspeed specified in paragraph (a)(4) of R1 = ;
this section; and
H = the gust gradient which is the distance
Maximum Take-off Weight
(feet) parallel to the airplane’s flight
path for the gust to reach its peak veloc- Maximum Zero Fuel Weight
ity. R2 = ;
Maximum Take-off Weight
(3) A sufficient number of gust gra-
dient distances in the range 30 feet to Zmo = Maximum operating altitude defined in
§ 25.1527 (feet).
350 feet must be investigated to find
the critical response for each load (7) When a stability augmentation
quantity. system is included in the analysis, the
(4) The design gust velocity must be: effect of any significant system non-
linearities should be accounted for
( )
16
U ds = U ref Fg H 350 when deriving limit loads from limit
gust conditions.
EN08MR96.004</MATH>
where— (b) Continuous turbulence design cri-

Uref = the reference gust velocity in equiva- teria. The dynamic response of the air-
lent airspeed defined in paragraph (a)(5) plane to vertical and lateral contin-
of this section. uous turbulence must be taken into ac-
Fg = the flight profile alleviation factor de- count. The dynamic analysis must take
fined in paragraph (a)(6) of this section.

ER09FE96.019</MATH>
into account unsteady aerodynamic

(5) The following reference gust ve- characteristics and all significant
locities apply: structural degrees of freedom including
428
ER09FE96.018</MATH>
rigid body motions. The limit loads Where—

must be determined for all critical alti- PL = limit load;
tudes, weights, and weight distribu- PL¥1g = steady 1g load for the condition;
tions as specified in § 25.321(b), and all A = ratio of root-mean-square incremental
load for the condition to root-mean-
critical speeds within the ranges indi- square turbulence velocity; and
cated in § 25.341(b)(3). Uσ = limit turbulence intensity in true air-
(1) Except as provided in paragraphs speed, specified in paragraph (b)(3) of this
(b)(4) and (5) of this section, the fol- section.
lowing equation must be used: (2) Values of A must be determined
PL = PL¥1g ± UσĀ according to the following formula:
Where— lates the loads in the aircraft structure

H(W) = the frequency response function, de- to the atmospheric turbulence; and
termined by dynamic analysis, that re- F(W) = normalized power spectral density of
atmospheric turbulence given by—
Where— (iv) At all speeds, both positive and

W = reduced frequency, radians per foot; and negative incremental loads due to con-
L = scale of turbulence = 2,500 ft. tinuous turbulence must be considered.
(4) When an automatic system affect-
(3) The limit turbulence intensities,
ing the dynamic response of the air-
Uσ, in feet per second true airspeed re-
plane is included in the analysis, the
quired for compliance with this para-
effects of system non-linearities on
graph are— loads at the limit load level must be
(i) At airplane speeds between VB and taken into account in a realistic or
VC: conservative manner.
Uσ = Uσref Fg (5) If necessary for the assessment of
Where— loads on airplanes with significant non-
Uσref is the reference turbulence intensity
linearities, it must be assumed that
that varies linearly with altitude from 90 the turbulence field has a root-mean-
fps (TAS) at sea level to 79 fps (TAS) at square velocity equal to 40 percent of
24,000 feet and is then constant at 79 fps the Uσ values specified in paragraph
(TAS) up to the altitude of 60,000 feet. (b)(3) of this section. The value of limit
Fg is the flight profile alleviation factor de- load is that load with the same prob-
fined in paragraph (a)(6) of this section; ability of exceedance in the turbulence
field as AUσ of the same load quantity
(ii) At speed VD: Uσ is equal to 1⁄2 the
in a linear approximated model.
values obtained under paragraph
(c) Supplementary gust conditions for
(b)(3)(i) of this section.
wing-mounted engines. For airplanes
(iii) At speeds between VC and VD: Uσ equipped with wing-mounted engines,

ER11DE14.026</GPH>
is equal to a value obtained by linear the engine mounts, pylons, and wing
interpolation. supporting structure must be designed
429
ER11DE14.025</GPH>
§ 25.343 14 CFR Ch. I (1–1–17 Edition)
for the maximum response at the na- ently tuned to the maximum response
celle center of gravity derived from the in accordance with § 25.341(a). The pene-
following dynamic gust conditions ap- tration of the airplane in the combined
plied to the airplane: gust field and the phasing of the
(1) A discrete gust determined in ac- vertical and lateral component gusts
cordance with § 25.341(a) at each angle must be established to develop the
normal to the flight path, and sepa- maximum response to the gust pair. In
rately, the absence of a more rational anal-
(2) A pair of discrete gusts, one ysis, the following formula must be
vertical and one lateral. The length of used for each of the maximum engine
each of these gusts must be independ- loads in all six degrees of freedom:
Where— design condition of paragraph (b)(1) of

PL = limit load; this section; and
PL-1g = steady 1g load for the condition; (3) The flutter, deformation, and vi-
LV = peak incremental response load due to bration requirements must also be met
a vertical gust according to § 25.341(a); with zero fuel.
and
LL = peak incremental response load due to [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
a lateral gust according to § 25.341(a). amended by Amdt. 25–18, 33 FR 12226, Aug. 30,
1968; Amdt. 25–72, 55 FR 37607, Sept. 12, 1990;
[Doc. No. 27902, 61 FR 5221, Feb. 9, 1996; 61 FR
Amdt. 25–86, 61 FR 5221, Feb. 9, 1996; Amdt.
9533, Mar. 8, 1996; Doc. No. FAA–2013–0142; 79 25–141, 79 FR 73468, Dec. 11, 2014]
FR 73467, Dec. 11, 2014; Amdt. 25–141, 80 FR
4762, Jan. 29, 2015; 80 FR 6435, Feb. 5, 2015] § 25.345 High lift devices.
§ 25.343 Design fuel and oil loads. (a) If wing flaps are to be used during
(a) The disposable load combinations takeoff, approach, or landing, at the
must include each fuel and oil load in design flap speeds established for these
stages of flight under § 25.335(e) and
the range from zero fuel and oil to the
with the wing flaps in the cor-
selected maximum fuel and oil load. A
responding positions, the airplane is
structural reserve fuel condition, not
assumed to be subjected to symmet-
exceeding 45 minutes of fuel under the
rical maneuvers and gusts. The result-
operating conditions in § 25.1001(e) and
ing limit loads must correspond to the
(f), as applicable, may be selected.
conditions determined as follows:
(b) If a structural reserve fuel condi-
(1) Maneuvering to a positive limit
tion is selected, it must be used as the
load factor of 2.0; and
minimum fuel weight condition for (2) Positive and negative gusts of 25
showing compliance with the flight ft/sec EAS acting normal to the flight
load requirements as prescribed in this path in level flight. Gust loads result-
subpart. In addition— ing on each part of the structure must
(1) The structure must be designed be determined by rational analysis.
for a condition of zero fuel and oil in The analysis must take into account
the wing at limit loads corresponding the unsteady aerodynamic characteris-
to— tics and rigid body motions of the air-
(i) A maneuvering load factor of + craft. The shape of the gust must be as
2.25; and described in § 25.341(a)(2) except that—
(ii) The gust and turbulence condi-
tions of § 25.341(a) and (b), but assuming Uds = 25 ft/sec EAS;
85% of the gust velocities prescribed in H = 12.5 c; and
c = mean geometric chord of the wing (feet).
§ 25.341(a)(4) and 85% of the turbulence
intensities prescribed in § 25.341(b)(3). (b) The airplane must be designed for
(2) Fatigue evaluation of the struc- the conditions prescribed in paragraph

ture must account for any increase in (a) of this section, except that the air-
operating stresses resulting from the plane load factor need not exceed 1.0,
430
ER11DE14.027</GPH>
taking into account, as separate condi- (1) Conditions corresponding to

tions, the effects of— steady rolling velocities must be inves-
(1) Propeller slipstream cor- tigated. In addition, conditions cor-
responding to maximum continuous responding to maximum angular accel-
power at the design flap speeds VF, and eration must be investigated for air-
with takeoff power at not less than 1.4 planes with engines or other weight
times the stalling speed for the par- concentrations outboard of the fuse-
ticular flap position and associated lage. For the angular acceleration con-
maximum weight; and ditions, zero rolling velocity may be
(2) A head-on gust of 25 feet per sec- assumed in the absence of a rational
ond velocity (EAS). time history investigation of the ma-
(c) If flaps or other high lift devices neuver.
are to be used in en route conditions, (2) At VA, a sudden deflection of the
and with flaps in the appropriate posi- aileron to the stop is assumed.
tion at speeds up to the flap design (3) At VC, the aileron deflection must
speed chosen for these conditions, the be that required to produce a rate of
airplane is assumed to be subjected to roll not less than that obtained in
symmetrical maneuvers and gusts paragraph (a)(2) of this section.
within the range determined by— (4) At VD, the aileron deflection must
(1) Maneuvering to a positive limit be that required to produce a rate of
load factor as prescribed in § 25.337(b); roll not less than one-third of that in
and paragraph (a)(2) of this section.
(2) The vertical gust and turbulence (b) Unsymmetrical gusts. The airplane
conditions prescribed in § 25.341(a) and is assumed to be subjected to unsym-
(b). metrical vertical gusts in level flight.
(d) The airplane must be designed for The resulting limit loads must be de-
a maneuvering load factor of 1.5 g at termined from either the wing max-
the maximum take-off weight with the imum airload derived directly from
wing-flaps and similar high lift devices § 25.341(a), or the wing maximum air-
in the landing configurations. load derived indirectly from the
vertical load factor calculated from
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as § 25.341(a). It must be assumed that 100
amended by Amdt. 25–46, 43 FR 50595, Oct. 30, percent of the wing air load acts on one
1978; Amdt. 25–72, 55 FR 37607, Sept. 17, 1990;
Amdt. 25–86, 61 FR 5221, Feb. 9, 1996; Amdt.
side of the airplane and 80 percent of
25–91, 62 FR 40704, July 29, 1997; Amdt. 25–141, the wing air load acts on the other
79 FR 73468, Dec. 11, 2014] side.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
§ 25.349 Rolling conditions. amended by Amdt. 25–23, 35 FR 5672, Apr. 8,
The airplane must be designed for 1970; Amdt. 25–86, 61 FR 5222, Feb. 9, 1996;
loads resulting from the rolling condi- Amdt. 25–94, 63 FR 8848, Feb. 23, 1998]
tions specified in paragraphs (a) and (b)
of this section. Unbalanced aero- § 25.351 Yaw maneuver conditions.
dynamic moments about the center of The airplane must be designed for
gravity must be reacted in a rational loads resulting from the yaw maneuver
or conservative manner, considering conditions specified in paragraphs (a)
the principal masses furnishing the re- through (d) of this section at speeds
acting inertia forces. from VMC to VD. Unbalanced aero-
(a) Maneuvering. The following condi- dynamic moments about the center of
tions, speeds, and aileron deflections gravity must be reacted in a rational
(except as the deflections may be lim- or conservative manner considering the
ited by pilot effort) must be considered airplane inertia forces. In computing
in combination with an airplane load the tail loads the yawing velocity may
factor of zero and of two-thirds of the be assumed to be zero.
positive maneuvering factor used in de- (a) With the airplane in unacceler-
sign. In determining the required aile- ated flight at zero yaw, it is assumed
ron deflections, the torsional flexi- that the cockpit rudder control is sud-
bility of the wing must be considered denly displaced to achieve the result-
in accordance with § 25.301(b): ing rudder deflection, as limited by:
431
§ 25.361 14 CFR Ch. I (1–1–17 Edition)
(1) The control system on control a rational analysis, a factor of 1.6 must
surface stops; or be used.
(2) A limit pilot force of 300 pounds (2) The limit engine torque to be con-
from VMC to VA and 200 pounds from VC/ sidered under paragraph (a)(1) of this
MC to VD/MD, with a linear variation section must be obtained by—
between VA and VC/MC. (i) For turbopropeller installations,
(b) With the cockpit rudder control multiplying mean engine torque for the
deflected so as always to maintain the specified power/thrust and speed by a
maximum rudder deflection available factor of 1.25;
within the limitations specified in (ii) For other turbine engines, the
paragraph (a) of this section, it is as- limit engine torque must be equal to
sumed that the airplane yaws to the the maximum accelerating torque for
overswing sideslip angle. the case considered.
(c) With the airplane yawed to the (3) The engine mounts, pylons, and
static equilibrium sideslip angle, it is adjacent supporting airframe structure
assumed that the cockpit rudder con- must be designed to withstand 1g level
trol is held so as to achieve the max- flight loads acting simultaneously with
imum rudder deflection available with- the limit engine torque loads imposed
in the limitations specified in para- by each of the following conditions to
graph (a) of this section. be considered separately:
(d) With the airplane yawed to the (i) Sudden maximum engine decelera-
static equilibrium sideslip angle of tion due to malfunction or abnormal
paragraph (c) of this section, it is as- condition; and
sumed that the cockpit rudder control (ii) The maximum acceleration of en-
is suddenly returned to neutral. gine.
(b) For auxiliary power unit installa-
[Amdt. 25–91, 62 FR 40704, July 29, 1997]
tions, the power unit mounts and adja-
SUPPLEMENTARY CONDITIONS cent supporting airframe structure
must be designed to withstand 1g level
§ 25.361 Engine and auxiliary power flight loads acting simultaneously with
unit torque. the limit torque loads imposed by each
of the following conditions to be con-
(a) For engine installations—
sidered separately:
(1) Each engine mount, pylon, and ad-
(1) Sudden maximum auxiliary power
jacent supporting airframe structures
unit deceleration due to malfunction,
must be designed for the effects of—
abnormal condition, or structural fail-
(i) A limit engine torque cor- ure; and
responding to takeoff power/thrust and, (2) The maximum acceleration of the
if applicable, corresponding propeller auxiliary power unit.
speed, acting simultaneously with 75%
of the limit loads from flight condition [Amdt. 25–141, 79 FR 73468, Dec. 11, 2014]
A of § 25.333(b);
(ii) A limit engine torque cor- § 25.362 Engine failure loads.
responding to the maximum contin- (a) For engine mounts, pylons, and
uous power/thrust and, if applicable, adjacent supporting airframe struc-
corresponding propeller speed, acting ture, an ultimate loading condition
simultaneously with the limit loads must be considered that combines 1g
from flight condition A of § 25.333(b); flight loads with the most critical
and transient dynamic loads and vibra-
(iii) For turbopropeller installations tions, as determined by dynamic anal-
only, in addition to the conditions ysis, resulting from failure of a blade,
specified in paragraphs (a)(1)(i) and (ii) shaft, bearing or bearing support, or
of this section, a limit engine torque bird strike event. Any permanent de-
corresponding to takeoff power and formation from these ultimate load
propeller speed, multiplied by a factor conditions must not prevent continued
accounting for propeller control sys- safe flight and landing.
tem malfunction, including quick (b) The ultimate loads developed

feathering, acting simultaneously with from the conditions specified in para-
1g level flight loads. In the absence of graph (a) of this section are to be—
432
(1) Multiplied by a factor of 1.0 when (e) Any structure, component or part,
applied to engine mounts and pylons; inside or outside a pressurized com-
and partment, the failure of which could
(2) Multiplied by a factor of 1.25 when interfere with continued safe flight and
applied to adjacent supporting air- landing, must be designed to withstand
frame structure. the effects of a sudden release of pres-
sure through an opening in any com-
[Amdt. 25–141, 79 FR 73468, Dec. 11, 2014]
partment at any operating altitude re-
§ 25.363 Side load on engine and auxil- sulting from each of the following con-
iary power unit mounts. ditions:
(1) The penetration of the compart-
(a) Each engine and auxiliary power
ment by a portion of an engine fol-
unit mount and its supporting struc-
lowing an engine disintegration;
ture must be designed for a limit load
(2) Any opening in any pressurized
factor in lateral direction, for the side
compartment up to the size Ho in
load on the engine and auxiliary power
square feet; however, small compart-
unit mount, at least equal to the max-
ments may be combined with an adja-
imum load factor obtained in the yaw-
cent pressurized compartment and both
ing conditions but not less than—
considered as a single compartment for
(1) 1.33; or
openings that cannot reasonably be ex-
(2) One-third of the limit load factor pected to be confined to the small com-
for flight condition A as prescribed in partment. The size Ho must be com-
§ 25.333(b). puted by the following formula:
(b) The side load prescribed in para-
graph (a) of this section may be as- Ho = PAs
sumed to be independent of other flight where,
conditions. Ho = Maximum opening in square feet, need
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as not exceed 20 square feet.
amended by Amdt. 25–23, 35 FR 5672, Apr. 8, P = (As/6240) + .024
1970; Amdt. 25–91, 62 FR 40704, July 29, 1997] As = Maximum cross-sectional area of the
pressurized shell normal to the longitu-
§ 25.365 Pressurized compartment dinal axis, in square feet; and
loads. (3) The maximum opening caused by
For airplanes with one or more pres- airplane or equipment failures not
surized compartments the following shown to be extremely improbable.
apply: (f) In complying with paragraph (e) of
(a) The airplane structure must be this section, the fail-safe features of
strong enough to withstand the flight the design may be considered in deter-
loads combined with pressure differen- mining the probability of failure or
tial loads from zero up to the max- penetration and probable size of open-
imum relief valve setting. ings, provided that possible improper
(b) The external pressure distribution operation of closure devices and inad-
in flight, and stress concentrations and vertent door openings are also consid-
fatigue effects must be accounted for. ered. Furthermore, the resulting dif-
(c) If landings may be made with the ferential pressure loads must be com-
compartment pressurized, landing bined in a rational and conservative
loads must be combined with pressure manner with 1–g level flight loads and
differential loads from zero up to the any loads arising from emergency de-
maximum allowed during landing. pressurization conditions. These loads
(d) The airplane structure must be may be considered as ultimate condi-
designed to be able to withstand the tions; however, any deformations asso-
pressure differential loads cor- ciated with these conditions must not
responding to the maximum relief interfere with continued safe flight and
valve setting multiplied by a factor of landing. The pressure relief provided by
1.33 for airplanes to be approved for op- intercompartment venting may also be
eration to 45,000 feet or by a factor of considered.
1.67 for airplanes to be approved for op- (g) Bulkheads, floors, and partitions
eration above 45,000 feet, omitting in pressurized compartments for occu-
other loads. pants must be designed to withstand
433
§ 25.367 14 CFR Ch. I (1–1–17 Edition)
the conditions specified in paragraph § 25.371 Gyroscopic loads.

(e) of this section. In addition, reason-
The structure supporting any engine
able design precautions must be taken
or auxiliary power unit must be de-
to minimize the probability of parts
signed for the loads, including gyro-
becoming detached and injuring occu- scopic loads, arising from the condi-
pants while in their seats. tions specified in §§ 25.331, 25.341, 25.349,
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as 25.351, 25.473, 25.479, and 25.481, with the
amended by Amdt. 25–54, 45 FR 60172, Sept. engine or auxiliary power unit at the
11, 1980; Amdt. 25–71, 55 FR 13477, Apr. 10, maximum rotating speed appropriate
1990; Amdt. 25–72, 55 FR 29776, July 20, 1990; to the condition. For the purposes of
Amdt. 25–87, 61 FR 28695, June 5, 1996] compliance with this paragraph, the
pitch maneuver in § 25.331(c)(1) must be
§ 25.367 Unsymmetrical loads due to carried out until the positive limit ma-
engine failure.
neuvering load factor (point A2 in
(a) The airplane must be designed for § 25.333(b)) is reached.
the unsymmetrical loads resulting
[Amdt. 25–141, 79 FR 73468, Dec. 11, 2014]
from the failure of the critical engine.
Turbopropeller airplanes must be de- § 25.373 Speed control devices.
signed for the following conditions in
combination with a single malfunction If speed control devices (such as
of the propeller drag limiting system, spoilers and drag flaps) are installed
considering the probable pilot correc- for use in en route conditions—
tive action on the flight controls: (a) The airplane must be designed for
(1) At speeds between VMC and VD, the the symmetrical maneuvers prescribed
loads resulting from power failure be- in §§ 25.333 and 25.337, the yawing ma-
cause of fuel flow interruption are con- neuvers in § 25.351, and the vertical and
sidered to be limit loads. lateral gust and turbulence conditions
prescribed in § 25.341(a) and (b) at each
(2) At speeds between VMC and VC, the
setting and the maximum speed associ-
loads resulting from the disconnection
ated with that setting; and
of the engine compressor from the tur-
(b) If the device has automatic oper-
bine or from loss of the turbine blades
ating or load limiting features, the air-
are considered to be ultimate loads.
plane must be designed for the maneu-
(3) The time history of the thrust
ver and gust conditions prescribed in
decay and drag build-up occurring as a
paragraph (a) of this section, at the
result of the prescribed engine failures speeds and corresponding device posi-
must be substantiated by test or other tions that the mechanism allows.
data applicable to the particular en-
gine-propeller combination. [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
(4) The timing and magnitude of the amended by Amdt. 25–72, 55 FR 29776, July 20,
1990; Amdt. 25–86, 61 FR 5222, Feb. 9, 1996;
probable pilot corrective action must Amdt. 25–141, 79 FR 73468, Dec. 11, 2014]
be conservatively estimated, consid-
ering the characteristics of the par- CONTROL SURFACE AND SYSTEM LOADS
ticular engine-propeller-airplane com-
bination. § 25.391 Control surface loads: Gen-
(b) Pilot corrective action may be as- eral.
sumed to be initiated at the time max- The control surfaces must be de-
imum yawing velocity is reached, but signed for the limit loads resulting
not earlier than two seconds after the from the flight conditions in §§ 25.331,
engine failure. The magnitude of the 25.341(a) and (b), 25.349, and 25.351, con-
corrective action may be based on the sidering the requirements for—
control forces specified in § 25.397(b) ex- (a) Loads parallel to hinge line, in
cept that lower forces may be assumed § 25.393;
where it is shown by anaylsis or test (b) Pilot effort effects, in § 25.397;
that these forces can control the yaw (c) Trim tab effects, in § 25.407;
and roll resulting from the prescribed (d) Unsymmetrical loads, in § 25.427;
engine failure conditions. and
434
(e) Auxiliary aerodynamic surfaces, imum values specified for the aileron
in § 25.445. and elevator may be used if control
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as surface hinge moments are based on re-
amended by Amdt. 25–86, 61 FR 5222, Feb. 9, liable data. In applying this criterion,
1996; Amdt. 25–141, 79 FR 73468, Dec. 11, 2014] the effects of servo mechanisms, tabs,
and automatic pilot systems, must be
§ 25.393 Loads parallel to hinge line. considered.
(a) Control surfaces and supporting (c) Limit pilot forces and torques. The
hinge brackets must be designed for in- limit pilot forces and torques are as
ertia loads acting parallel to the hinge follows:
line.
(b) In the absence of more rational Maximum Minimum
Control forces or forces or
data, the inertia loads may be assumed torques torques
to be equal to KW, where—
(1) K = 24 for vertical surfaces; Aileron:
(2) K = 12 for horizontal surfaces; and Stick .............................. 100 lbs ............ 40 lbs.
Wheel 1 .......................... 80 D in.-lbs 2 ... 40 D in.-lbs.
(3) W = weight of the movable sur-
Elevator:
faces. Stick .............................. 250 lbs ............ 100 lbs.
Wheel (symmetrical) ..... 300 lbs ............ 100 lbs.
§ 25.395 Control system. Wheel (unsymmetrical) 3 ......................... 100 lbs.
(a) Longitudinal, lateral, directional, Rudder .............................. 300 lbs ............ 130 lbs.
and drag control system and their sup- 1 The critical parts of the aileron control system must be de-
porting structures must be designed for signed for a single tangential force with a limit value equal to
1.25 times the couple force determined from these criteria.
loads corresponding to 125 percent of 2 D = wheel diameter (inches).
the computed hinge moments of the 3 The unsymmetrical forces must be applied at one of the
movable control surface in the condi- normal handgrip points on the periphery of the control wheel.
tions prescribed in § 25.391.
(b) The system limit loads of para- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
graph (a) of this section need not ex- amended by Amdt. 25–38, 41 FR 55466, Dec. 20,
1976; Amdt. 25–72, 55 FR 29776, July 20, 1990]
ceed the loads that can be produced by
the pilot (or pilots) and by automatic
§ 25.399 Dual control system.
or power devices operating the con-
trols. (a) Each dual control system must be
(c) The loads must not be less than designed for the pilots operating in op-
those resulting from application of the position, using individual pilot forces
minimum forces prescribed in not less than—
§ 25.397(c). (1) 0.75 times those obtained under
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as § 25.395; or
amended by Amdt. 25–23, 35 FR 5672, Apr. 8, (2) The minimum forces specified in
1970; Amdt. 25–72, 55 FR 29776, July 20, 1990; § 25.397(c).
Amdt. 25–141, 79 FR 73468, Dec. 11, 2014]
(b) The control system must be de-
§ 25.397 Control system loads. signed for pilot forces applied in the
same direction, using individual pilot
(a) General. The maximum and min-
forces not less than 0.75 times those ob-
imum pilot forces, specified in para-
tained under § 25.395.
graph (c) of this section, are assumed
to act at the appropriate control grips § 25.405 Secondary control system.
or pads (in a manner simulating flight
conditions) and to be reacted at the at- Secondary controls, such as wheel
tachment of the control system to the brake, spoiler, and tab controls, must
control surface horn. be designed for the maximum forces
(b) Pilot effort effects. In the control that a pilot is likely to apply to those
surface flight loading condition, the air controls. The following values may be
loads on movable surfaces and the cor- used:
responding deflections need not exceed
those that would result in flight from
the application of any pilot force with-

in the ranges specified in paragraph (c)
of this section. Two-thirds of the max-
435
§ 25.407 14 CFR Ch. I (1–1–17 Edition)
PILOT CONTROL FORCE LIMITS (SECONDARY loads generated when the airplane is
CONTROLS) subjected to a horizontal 65-knot
ground gust from any direction while
Control Limit pilot forces
taxiing and while parked. For airplanes
Miscellaneous: equipped with control system gust
*Crank, wheel, or lever .. ((1 + R) / 3) × 50 lbs., but not locks, the taxiing condition must be
less than 50 lbs. nor more evaluated with the controls locked and
than 150 lbs. (R = radius).
(Applicable to any angle with- unlocked, and the parked condition
in 20° of plane of control). must be evaluated with the controls
Twist ............................... 133 in.–lbs. locked.
Push-pull ........................ To be chosen by applicant.
(b) The control system and surface
*Limited to flap, tab, stabilizer, spoiler, and landing gear op- loads due to ground gust may be as-
eration controls.
sumed to be static loads, and the hinge
§ 25.407 Trim tab effects. moments H must be computed from the
formula:
The effects of trim tabs on the con- H = K (1/2) ro V2 c S
trol surface design conditions must be
accounted for only where the surface Where—
loads are limited by maximum pilot ef- K = hinge moment factor for ground gusts
fort. In these cases, the tabs are con- derived in paragraph (c) of this section;
sidered to be deflected in the direction ro = density of air at sea level;
that would assist the pilot, and the de- V = 65 knots relative to the aircraft;
flections are— S = area of the control surface aft of the
hinge line;
(a) For elevator trim tabs, those re-
c = mean aerodynamic chord of the control
quired to trim the airplane at any surface aft of the hinge line.
point within the positive portion of the
pertinent flight envelope in § 25.333(b), (c) The hinge moment factor K for
except as limited by the stops; and ground gusts must be taken from the
(b) For aileron and rudder trim tabs, following table:
those required to trim the airplane in Position of
the critical unsymmetrical power and Surface K controls
loading conditions, with appropriate
(1) Aileron .................... 0.75 Control column locked
allowance for rigging tolerances. or lashed in mid-po-
sition.
§ 25.409 Tabs. (2) Aileron .................... * ±0.50 Ailerons at full throw.
(3) Elevator .................. * ±0.75 Elevator full down.
(a) Trim tabs. Trim tabs must be de-
(4) Elevator .................. * ±0.75 Elevator full up.
signed to withstand loads arising from (5) Rudder .................... 0.75 Rudder in neutral.
all likely combinations of tab setting, (6) Rudder .................... 0.75 Rudder at full throw.
primary control position, and airplane * A positive value of K indicates a moment tending to de-
speed (obtainable without exceeding press the surface, while a negative value of K indicates a mo-
ment tending to raise the surface.
the flight load conditions prescribed
for the airplane as a whole), when the (d) The computed hinge moment of
effect of the tab is opposed by pilot ef- paragraph (b) of this section must be
fort forces up to those specified in used to determine the limit loads due
§ 25.397(b). to ground gust conditions for the con-
(b) Balancing tabs. Balancing tabs trol surface. A 1.25 factor on the com-
must be designed for deflections con- puted hinge moments must be used in
sistent with the primary control sur- calculating limit control system loads.
face loading conditions. (e) Where control system flexibility
(c) Servo tabs. Servo tabs must be de- is such that the rate of load applica-
signed for deflections consistent with tion in the ground gust conditions
the primary control surface loading might produce transient stresses appre-
conditions obtainable within the pilot ciably higher than those corresponding
maneuvering effort, considering pos- to static loads, in the absence of a ra-
sible opposition from the trim tabs. tional analysis substantiating a dif-
ferent dynamic factor, an additional
§ 25.415 Ground gust conditions. factor of 1.6 must be applied to the con-
(a) The flight control systems and trol system loads of paragraph (d) of
surfaces must be designed for the limit this section to obtain limit loads. If a
436
rational analysis is used, the addi- (1) 100 percent of the maximum load-
tional factor must not be less than 1.2. ing from the symmetrical maneuver
(f) For the condition of the control conditions of § 25.331 and the vertical
locks engaged, the control surfaces, the gust conditions of § 25.341(a) acting sep-
control system locks, and the parts of arately on the surface on one side of
any control systems between the sur- the plane of symmetry; and
faces and the locks must be designed to (2) 80 percent of these loadings acting
the resultant limit loads. Where con- on the other side.
trol locks are not provided, then the (c) For empennage arrangements
control surfaces, the control system where the horizontal tail surfaces have
stops nearest the surfaces, and the dihedral angles greater than plus or
parts of any control systems between minus 10 degrees, or are supported by
the surfaces and the stops must be de- the vertical tail surfaces, the surfaces
signed to the resultant limit loads. If and the supporting structure must be
the control system design is such as to designed for gust velocities specified in
allow any part of the control system to § 25.341(a) acting in any orientation at
impact with the stops due to flexi- right angles to the flight path.
bility, then the resultant impact loads (d) Unsymmetrical loading on the
must be taken into account in deriving empennage arising from buffet condi-
the limit loads due to ground gust. tions of § 25.305(e) must be taken into
(g) For the condition of taxiing with account.
the control locks disengaged, or where [Doc. No. 27902, 61 FR 5222, Feb. 9, 1996]
control locks are not provided, the fol-
lowing apply: § 25.445 Auxiliary aerodynamic sur-
(1) The control surfaces, the control faces.
system stops nearest the surfaces, and (a) When significant, the aero-
the parts of any control systems be- dynamic influence between auxiliary
tween the surfaces and the stops must aerodynamic surfaces, such as out-
be designed to the resultant limit board fins and winglets, and their sup-
loads. porting aerodynamic surfaces, must be
(2) The parts of the control systems taken into account for all loading con-
between the stops nearest the surfaces ditions including pitch, roll, and yaw
and the flight deck controls must be maneuvers, and gusts as specified in
designed to the resultant limit loads, § 25.341(a) acting at any orientation at
except that the parts of the control right angles to the flight path.
system where loads are eventually re- (b) To provide for unsymmetrical
acted by the pilot need not exceed: loading when outboard fins extend
(i) The loads corresponding to the above and below the horizontal surface,
maximum pilot loads in § 25.397(c) for the critical vertical surface loading
each pilot alone; or (load per unit area) determined under
(ii) 0.75 times these maximum loads § 25.391 must also be applied as follows:
for each pilot when the pilot forces are (1) 100 percent to the area of the
applied in the same direction. vertical surfaces above (or below) the
[Amdt. 25–141, 79 FR 73468, Dec. 11, 2014] horizontal surface.
(2) 80 percent to the area below (or
§ 25.427 Unsymmetrical loads. above) the horizontal surface.
(a) In designing the airplane for lat- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
eral gust, yaw maneuver and roll ma- amended by Amdt. 25–86, 61 FR 5222, Feb. 9,
neuver conditions, account must be 1996]
taken of unsymmetrical loads on the
empennage arising from effects such as § 25.457 Wing flaps.
slipstream and aerodynamic inter- Wing flaps, their operating mecha-
ference with the wing, vertical fin and nisms, and their supporting structures
other aerodynamic surfaces. must be designed for critical loads oc-
(b) The horizontal tail must be as- curring in the conditions prescribed in
sumed to be subjected to unsymmet- § 25.345, accounting for the loads occur-

rical loading conditions determined as ring during transition from one flap po-
follows: sition and airspeed to another.
437
§ 25.459 14 CFR Ch. I (1–1–17 Edition)
§ 25.459 Special devices. § 25.473 Landing load conditions and

assumptions.
The loading for special devices using
aerodynamic surfaces (such as slots, (a) For the landing conditions speci-
slats and spoilers) must be determined fied in § 25.479 to § 25.485 the airplane is
from test data. assumed to contact the ground—
(1) In the attitudes defined in § 25.479
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as and § 25.481;
amended by Amdt. 25–72, 55 FR 29776, July 20, (2) With a limit descent velocity of 10
1990] fps at the design landing weight (the
maximum weight for landing condi-
GROUND LOADS tions at maximum descent velocity);
and
§ 25.471 General. (3) With a limit descent velocity of 6
(a) Loads and equilibrium. For limit fps at the design take-off weight (the
ground loads— maximum weight for landing condi-
(1) Limit ground loads obtained tions at a reduced descent velocity).
under this subpart are considered to be (4) The prescribed descent velocities
external forces applied to the airplane may be modified if it is shown that the
structure; and airplane has design features that make
(2) In each specified ground load con- it impossible to develop these veloci-
dition, the external loads must be ties.
placed in equilibrium with the linear (b) Airplane lift, not exceeding air-
plane weight, may be assumed unless
and angular inertia loads in a rational
the presence of systems or procedures
or conservative manner.
significantly affects the lift.
(b) Critical centers of gravity. The crit- (c) The method of analysis of air-
ical centers of gravity within the range plane and landing gear loads must take
for which certification is requested into account at least the following ele-
must be selected so that the maximum ments:
design loads are obtained in each land- (1) Landing gear dynamic character-
ing gear element. Fore and aft, istics.
vertical, and lateral airplane centers of (2) Spin-up and springback.
gravity must be considered. Lateral (3) Rigid body response.
displacements of the c.g. from the air- (4) Structural dynamic response of
plane centerline which would result in the airframe, if significant.
main gear loads not greater than 103 (d) The landing gear dynamic charac-
percent of the critical design load for teristics must be validated by tests as
symmetrical loading conditions may be defined in § 25.723(a).
selected without considering the ef- (e) The coefficient of friction between
fects of these lateral c.g. displacements the tires and the ground may be estab-
on the loading of the main gear ele- lished by considering the effects of
ments, or on the airplane structure skidding velocity and tire pressure.
provided— However, this coefficient of friction
(1) The lateral displacement of the need not be more than 0.8.
c.g. results from random passenger or [Amdt. 25–91, 62 FR 40705, July 29, 1997; Amdt.
cargo disposition within the fuselage or 25–91, 62 FR 45481, Aug. 27, 1997; Amdt. 25–103,
from random unsymmetrical fuel load- 66 FR 27394, May 16, 2001]
ing or fuel usage; and
§ 25.477 Landing gear arrangement.
(2) Appropriate loading instructions
for random disposable loads are in- Sections 25.479 through 25.485 apply
cluded under the provisions of to airplanes with conventional ar-
§ 25.1583(c)(1) to ensure that the lateral rangements of main and nose gears, or
displacement of the center of gravity is main and tail gears, when normal oper-
maintained within these limits. ating techniques are used.
(c) Landing gear dimension data. Fig- § 25.479 Level landing conditions.
ure 1 of appendix A contains the basic

(a) In the level attitude, the airplane
landing gear dimension data.
is assumed to contact the ground at
[Amdt. 25–23, 35 FR 5673, Apr. 8, 1970] forward velocity components, ranging
438
from VL1 to 1.25 VL2 parallel to the (ii) The shock absorber and tire de-
ground under the conditions prescribed flections must be assumed to be 75% of
in § 25.473 with— the deflection corresponding to the
(1) VL1 equal to VS0 (TAS) at the ap- maximum ground reaction of
propriate landing weight and in stand- § 25.473(a)(2). This load case need not be
ard sea level conditions; and considered in combination with flat
(2) VL2 equal to VS0 (TAS) at the ap- tires.
propriate landing weight and altitudes (3) The combination of vertical and
in a hot day temperature of 41 degrees drag components is considered to be
F. above standard. acting at the wheel axle centerline.
(3) The effects of increased contact
[Amdt. 25–91, 62 FR 40705, July 29, 1997; Amdt.
speed must be investigated if approval 25–91, 62 FR 45481, Aug. 27, 1997]
of downwind landings exceeding 10
knots is requested. § 25.481 Tail-down landing conditions.
(b) For the level landing attitude for
(a) In the tail-down attitude, the air-
airplanes with tail wheels, the condi-
plane is assumed to contact the ground
tions specified in this section must be
at forward velocity components, rang-
investigated with the airplane hori-
ing from VL1 to VL2 parallel to the
zontal reference line horizontal in ac-
ground under the conditions prescribed
cordance with Figure 2 of Appendix A
in § 25.473 with—
of this part.
(1) VL1 equal to VS0 (TAS) at the ap-
(c) For the level landing attitude for
propriate landing weight and in stand-
airplanes with nose wheels, shown in
ard sea level conditions; and
Figure 2 of Appendix A of this part, the
conditions specified in this section (2) VL2 equal to VS0 (TAS) at the ap-
must be investigated assuming the fol- propriate landing weight and altitudes
lowing attitudes: in a hot day temperature of 41 degrees
(1) An attitude in which the main F. above standard.
wheels are assumed to contact the (3) The combination of vertical and
ground with the nose wheel just clear drag components considered to be act-
of the ground; and ing at the main wheel axle centerline.
(2) If reasonably attainable at the (b) For the tail-down landing condi-
specified descent and forward veloci- tion for airplanes with tail wheels, the
ties, an attitude in which the nose and main and tail wheels are assumed to
main wheels are assumed to contact contact the ground simultaneously, in
the ground simultaneously. accordance with figure 3 of appendix A.
(d) In addition to the loading condi- Ground reaction conditions on the tail
tions prescribed in paragraph (a) of this wheel are assumed to act—
section, but with maximum vertical (1) Vertically; and
ground reactions calculated from para- (2) Up and aft through the axle at 45
graph (a), the following apply: degrees to the ground line.
(1) The landing gear and directly af- (c) For the tail-down landing condi-
fected attaching structure must be de- tion for airplanes with nose wheels, the
signed for the maximum vertical airplane is assumed to be at an atti-
ground reaction combined with an aft tude corresponding to either the stall-
acting drag component of not less than ing angle or the maximum angle allow-
25% of this maximum vertical ground ing clearance with the ground by each
reaction. part of the airplane other than the
(2) The most severe combination of main wheels, in accordance with figure
loads that are likely to arise during a 3 of appendix A, whichever is less.
lateral drift landing must be taken [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
into account. In absence of a more ra- amended by Amdt. 25–91, 62 FR 40705, July 29,
tional analysis of this condition, the 1997; Amdt. 25–94, 63 FR 8848, Feb. 23, 1998]
following must be investigated:
(i) A vertical load equal to 75% of the § 25.483 One-gear landing conditions.
maximum ground reaction of § 25.473 For the one-gear landing conditions,
must be considered in combination the airplane is assumed to be in the

with a drag and side load of 40% and level attitude and to contact the
25% respectively of that vertical load. ground on one main landing gear, in
439
§ 25.485 14 CFR Ch. I (1–1–17 Edition)
accordance with Figure 4 of Appendix maximum weight for ground handling

A of this part. In this attitude— conditions). No wing lift may be con-
(a) The ground reactions must be the sidered. The shock absorbers and tires
same as those obtained on that side may be assumed to be in their static
under § 25.479(d)(1), and position.
(b) Each unbalanced external load
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
must be reacted by airplane inertia in amended by Amdt. 25–23, 35 FR 5673, Apr. 8,
a rational or conservative manner. 1970]
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–91, 62 FR 40705, July 29, § 25.491 Taxi, takeoff and landing roll.
1997] Within the range of appropriate
§ 25.485 Side load conditions. ground speeds and approved weights,
the airplane structure and landing gear
In addition to § 25.479(d)(2) the fol- are assumed to be subjected to loads
lowing conditions must be considered: not less than those obtained when the
(a) For the side load condition, the aircraft is operating over the roughest
airplane is assumed to be in the level ground that may reasonably be ex-
attitude with only the main wheels pected in normal operation.
contacting the ground, in accordance
with figure 5 of appendix A. [Amdt. 25–91, 62 FR 40705, July 29, 1997]
(b) Side loads of 0.8 of the vertical re-
action (on one side) acting inward and § 25.493 Braked roll conditions.
0.6 of the vertical reaction (on the (a) An airplane with a tail wheel is
other side) acting outward must be assumed to be in the level attitude
combined with one-half of the max- with the load on the main wheels, in
imum vertical ground reactions ob- accordance with figure 6 of appendix A.
tained in the level landing conditions. The limit vertical load factor is 1.2 at
These loads are assumed to be applied the design landing weight and 1.0 at
at the ground contact point and to be the design ramp weight. A drag reac-
resisted by the inertia of the airplane. tion equal to the vertical reaction mul-
The drag loads may be assumed to be tiplied by a coefficient of friction of
zero. 0.8, must be combined with the vertical
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as ground reaction and applied at the
amended by Amdt. 25–91, 62 FR 40705, July 29, ground contact point.
1997] (b) For an airplane with a nose wheel
the limit vertical load factor is 1.2 at
§ 25.487 Rebound landing condition. the design landing weight, and 1.0 at
(a) The landing gear and its sup- the design ramp weight. A drag reac-
porting structure must be investigated tion equal to the vertical reaction,
for the loads occurring during rebound multiplied by a coefficient of friction
of the airplane from the landing sur- of 0.8, must be combined with the
face. vertical reaction and applied at the
(b) With the landing gear fully ex- ground contact point of each wheel
tended and not in contact with the with brakes. The following two atti-
ground, a load factor of 20.0 must act tudes, in accordance with figure 6 of
on the unsprung weights of the landing appendix A, must be considered:
gear. This load factor must act in the (1) The level attitude with the wheels
direction of motion of the unsprung contacting the ground and the loads
weights as they reach their limiting distributed between the main and nose
positions in extending with relation to gear. Zero pitching acceleration is as-
the sprung parts of the landing gear. sumed.
(2) The level attitude with only the
§ 25.489 Ground handling conditions. main gear contacting the ground and
Unless otherwise prescribed, the with the pitching moment resisted by
landing gear and airplane structure angular acceleration.
must be investigated for the conditions (c) A drag reaction lower than that
in §§ 25.491 through 25.509 with the air- prescribed in this section may be used
plane at the design ramp weight (the if it is substantiated that an effective
440
drag force of 0.8 times the vertical re- § 25.495 Turning.

action cannot be attained under any In the static position, in accordance
likely loading condition. with figure 7 of appendix A, the air-
(d) An airplane equipped with a nose plane is assumed to execute a steady
gear must be designed to withstand the turn by nose gear steering, or by appli-
loads arising from the dynamic pitch- cation of sufficient differential power,
ing motion of the airplane due to sud- so that the limit load factors applied at
den application of maximum braking the center of gravity are 1.0 vertically
force. The airplane is considered to be and 0.5 laterally. The side ground reac-
at design takeoff weight with the nose tion of each wheel must be 0.5 of the
and main gears in contact with the vertical reaction.
ground, and with a steady-state
§ 25.497 Tail-wheel yawing.
vertical load factor of 1.0. The steady-
state nose gear reaction must be com- (a) A vertical ground reaction equal
bined with the maximum incremental to the static load on the tail wheel, in
nose gear vertical reaction caused by combination with a side component of
the sudden application of maximum equal magnitude, is assumed.
braking force as described in para- (b) If there is a swivel, the tail wheel
is assumed to be swiveled 90° to the air-
graphs (b) and (c) of this section.
plane longitudinal axis with the result-
(e) In the absence of a more rational ant load passing through the axle.
analysis, the nose gear vertical reac- (c) If there is a lock, steering device,
tion prescribed in paragraph (d) of this or shimmy damper the tail wheel is
section must be calculated according also assumed to be in the trailing posi-
to the following formula: tion with the side load acting at the
ground contact point.
WT ⎡ fμAE ⎤
VN = ⎢B + ⎥ § 25.499 Nose-wheel yaw and steering.
A+B⎣ A + B + μE ⎦ (a) A vertical load factor of 1.0 at the
Where: airplane center of gravity, and a side
VN = Nose gear vertical reaction. component at the nose wheel ground
WT = Design takeoff weight. contact equal to 0.8 of the vertical
A = Horizontal distance between the c.g. of ground reaction at that point are as-
the airplane and the nose wheel. sumed.
B = Horizontal distance between the c.g. of (b) With the airplane assumed to be
the airplane and the line joining the cen- in static equilibrium with the loads re-
ters of the main wheels. sulting from the use of brakes on one
E = Vertical height of the c.g. of the airplane side of the main landing gear, the nose
above the ground in the 1.0 g static con- gear, its attaching structure, and the
dition. fuselage structure forward of the cen-
μ = Coefficient of friction of 0.80. ter of gravity must be designed for the
f = Dynamic response factor; 2.0 is to be used following loads:
unless a lower factor is substantiated. In (1) A vertical load factor at the cen-
the absence of other information, the dy- ter of gravity of 1.0.
namic response factor f may be defined (2) A forward acting load at the air-
by the equation:
plane center of gravity of 0.8 times the
vertical load on one main gear.
⎛ −πξ ⎞ (3) Side and vertical loads at the
f = 1 + exp⎜ ⎟ ground contact point on the nose gear
⎜ 1− ξ2 ⎟
⎝ ⎠ that are required for static equi-
librium.
Where: (4) A side load factor at the airplane
x is the effective critical damping ratio of center of gravity of zero.
the rigid body pitching mode about the (c) If the loads prescribed in para-
main landing gear effective ground con- graph (b) of this section result in a
tact point. nose gear side load higher than 0.8
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as times the vertical nose gear load, the
ER27MY98.018</GPH>
amended by Amdt. 25–23, 35 FR 5673, Apr. 8, design nose gear side load may be lim-
1970; Amdt. 25–97, 63 FR 29072, May 27, 1998] ited to 0.8 times the vertical load, with
441
ER27MY98.017</GPH>
§ 25.503 14 CFR Ch. I (1–1–17 Edition)
unbalanced yawing moments assumed (c) For airplanes with tail wheels, the
to be resisted by airplane inertia resultant of the ground reactions must
forces. pass through the center of gravity of
(d) For other than the nose gear, its the airplane.
attaching structure, and the forward
fuselage structure, the loading condi- § 25.509 Towing loads.
tions are those prescribed in paragraph (a) The towing loads specified in
(b) of this section, except that— paragraph (d) of this section must be
(1) A lower drag reaction may be used considered separately. These loads
if an effective drag force of 0.8 times must be applied at the towing fittings
the vertical reaction cannot be reached and must act parallel to the ground. In
under any likely loading condition; and addition—
(2) The forward acting load at the (1) A vertical load factor equal to 1.0
center of gravity need not exceed the must be considered acting at the center
maximum drag reaction on one main of gravity;
gear, determined in accordance with (2) The shock struts and tires must
§ 25.493(b). be in their static positions; and
(e) With the airplane at design ramp (3) With WT as the design ramp
weight, and the nose gear in any steer- weight, the towing load, FTOW, is—
able position, the combined application (i) 0.3 WT for WT less than 30,000
of full normal steering torque and pounds;
vertical force equal to 1.33 times the (ii) (6WT + 450,000)/70 for WT between
maximum static reaction on the nose 30,000 and 100,000 pounds; and
gear must be considered in designing (iii) 0.15 WT for WT over 100,000
the nose gear, its attaching structure, pounds.
and the forward fuselage structure. (b) For towing points not on the
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as landing gear but near the plane of sym-
amended by Amdt. 25–23, 35 FR 5673, Apr. 8, metry of the airplane, the drag and
1970; Amdt. 25–46, 43 FR 50595, Oct. 30, 1978; side tow load components specified for
Amdt. 25–91, 62 FR 40705, July 29, 1997] the auxiliary gear apply. For towing
points located outboard of the main
§ 25.503 Pivoting. gear, the drag and side tow load compo-
(a) The airplane is assumed to pivot nents specified for the main gear apply.
about one side of the main gear with Where the specified angle of swivel
the brakes on that side locked. The cannot be reached, the maximum ob-
limit vertical load factor must be 1.0 tainable angle must be used.
and the coefficient of friction 0.8. (c) The towing loads specified in
(b) The airplane is assumed to be in paragraph (d) of this section must be
static equilibrium, with the loads being reacted as follows:
applied at the ground contact points, (1) The side component of the towing
in accordance with figure 8 of appendix load at the main gear must be reacted
A. by a side force at the static ground line
of the wheel to which the load is ap-
§ 25.507 Reversed braking. plied.
(a) The airplane must be in a three (2) The towing loads at the auxiliary
point static ground attitude. Hori- gear and the drag components of the
zontal reactions parallel to the ground towing loads at the main gear must be
and directed forward must be applied reacted as follows:
at the ground contact point of each (i) A reaction with a maximum value
wheel with brakes. The limit loads equal to the vertical reaction must be
must be equal to 0.55 times the vertical applied at the axle of the wheel to
load at each wheel or to the load devel- which the load is applied. Enough air-
oped by 1.2 times the nominal max- plane inertia to achieve equilibrium
imum static brake torque, whichever is must be applied.
less. (ii) The loads must be reacted by air-
(b) For airplanes with nose wheels, plane inertia.

the pitching moment must be balanced (d) The prescribed towing loads are as
by rotational inertia. follows:
442
Load
Tow point Position
Main gear ............................... ................................................ 0.75 FTOW per main 1 Forward, parallel to drag axis.
gear unit. 2 Forward, at 30° to drag axis.
3 Aft, parallel to drag axis.
4 Aft, at 30° to drag axis.
Auxiliary gear ......................... Swiveled forward .................... 1.0 FTOW ................... 5 Forward.
6 Aft.
Swiveled aft ............................ ......do ....................... 7 Forward.
8 Aft.
Swiveled 45° from forward ..... 0.5 FTOW ................... 9 Forward, in plane of wheel.
Swiveled 45° from aft ............. ......do ....................... 11 Forward, in plane of wheel.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as amended by Amdt. 25–23, 35 FR 5673, Apr. 8, 1970]
§ 25.511 Ground load: unsymmetrical (3) Any unequal tire inflation pres-
loads on multiple-wheel units. sure, assuming the maximum variation
(a) General. Multiple-wheel landing to be ±5 percent of the nominal tire in-
gear units are assumed to be subjected flation pressure.
to the limit ground loads prescribed in (4) A runway crown of zero and a run-
this subpart under paragraphs (b) way crown having a convex upward
through (f) of this section. In addi- shape that may be approximated by a
tion— slope of 11⁄2 percent with the hori-
(1) A tandem strut gear arrangement zontal. Runway crown effects must be
is a multiple-wheel unit; and considered with the nose gear unit on
(2) In determining the total load on a either slope of the crown.
gear unit with respect to the provisions (5) The airplane attitude.
of paragraphs (b) through (f) of this (6) Any structural deflections.
section, the transverse shift in the load (c) Deflated tires. The effect of de-
centroid, due to unsymmetrical load flated tires on the structure must be
distribution on the wheels, may be ne- considered with respect to the loading
glected. conditions specified in paragraphs (d)
(b) Distribution of limit loads to wheels; through (f) of this section, taking into
tires inflated. The distribution of the account the physical arrangement of
limit loads among the wheels of the the gear components. In addition—
landing gear must be established for (1) The deflation of any one tire for
each landing, taxiing, and ground han- each multiple wheel landing gear unit,
dling condition, taking into account and the deflation of any two critical
the effects of the following factors: tires for each landing gear unit using
(1) The number of wheels and their four or more wheels per unit, must be
physical arrangements. For truck type considered; and
landing gear units, the effects of any (2) The ground reactions must be ap-
seesaw motion of the truck during the plied to the wheels with inflated tires
landing impact must be considered in except that, for multiple-wheel gear
determining the maximum design loads units with more than one shock strut,
for the fore and aft wheel pairs. a rational distribution of the ground
(2) Any differentials in tire diameters reactions between the deflated and in-
resulting from a combination of manu- flated tires, accounting for the dif-
facturing tolerances, tire growth, and ferences in shock strut extensions re-
tire wear. A maximum tire-diameter sulting from a deflated tire, may be
differential equal to 2⁄3 of the most un- used.
favorable combination of diameter (d) Landing conditions. For one and
variations that is obtained when tak- for two deflated tires, the applied load
ing into account manufacturing toler- to each gear unit is assumed to be 60

ances, tire growth, and tire wear, may percent and 50 percent, respectively, of
be assumed. the limit load applied to each gear for
443
§ 25.519 14 CFR Ch. I (1–1–17 Edition)
each of the prescribed landing condi- (2) For jacking by other airplane
tions. However, for the drift landing structure at maximum approved jack-
condition of § 25.485, 100 percent of the ing weight:
vertical load must be applied. (i) The airplane structure must be de-
(e) Taxiing and ground handling condi- signed for a vertical load of 1.33 times
tions. For one and for two deflated the vertical reaction at each jacking
tires— point acting singly and in combination
(1) The applied side or drag load fac- with a horizontal load of 0.33 times the
tor, or both factors, at the center of vertical static reaction applied in any
gravity must be the most critical value direction.
up to 50 percent and 40 percent, respec- (ii) The jacking pads and local struc-
tively, of the limit side or drag load ture must be designed for a vertical
factors, or both factors, corresponding load of 2.0 times the vertical static re-
to the most severe condition resulting action at each jacking point, acting
from consideration of the prescribed singly and in combination with a hori-
taxiing and ground handling condi- zontal load of 0.33 times the vertical
tions; static reaction applied in any direc-
(2) For the braked roll conditions of tion.
§ 25.493 (a) and (b)(2), the drag loads on (c) Tie-down. If tie-down points are
each inflated tire may not be less than provided, the main tie-down points and
those at each tire for the symmetrical local structure must withstand the
load distribution with no deflated tires; limit loads resulting from a 65-knot
(3) The vertical load factor at the horizontal wind from any direction.
center of gravity must be 60 percent [Doc. No. 26129, 59 FR 22102, Apr. 28, 1994]
and 50 percent, respectively, of the fac-
tor with no deflated tires, except that WATER LOADS
it may not be less than 1g; and
(4) Pivoting need not be considered. § 25.521 General.
(f) Towing conditions. For one and for (a) Seaplanes must be designed for
two deflated tires, the towing load, the water loads developed during take-
FTOW, must be 60 percent and 50 percent, off and landing, with the seaplane in
respectively, of the load prescribed. any attitude likely to occur in normal
operation, and at the appropriate for-
§ 25.519 Jacking and tie-down provi- ward and sinking velocities under the
sions. most severe sea conditions likely to be
(a) General. The airplane must be de- encountered.
signed to withstand the limit load con- (b) Unless a more rational analysis of
ditions resulting from the static the water loads is made, or the stand-
ground load conditions of paragraph (b) ards in ANC–3 are used, §§ 25.523
of this section and, if applicable, para- through 25.537 apply.
graph (c) of this section at the most (c) The requirements of this section
critical combinations of airplane and §§ 25.523 through 25.537 apply also to
weight and center of gravity. The max- amphibians.
imum allowable load at each jack pad
must be specified. § 25.523 Design weights and center of
(b) Jacking. The airplane must have gravity positions.
provisions for jacking and must with- (a) Design weights. The water load re-
stand the following limit loads when quirements must be met at each oper-
the airplane is supported on jacks— ating weight up to the design landing
(1) For jacking by the landing gear at weight except that, for the takeoff con-
the maximum ramp weight of the air- dition prescribed in § 25.531, the design
plane, the airplane structure must be water takeoff weight (the maximum
designed for a vertical load of 1.33 weight for water taxi and takeoff run)
times the vertical static reaction at must be used.
each jacking point acting singly and in (b) Center of gravity positions. The
combination with a horizontal load of critical centers of gravity within the

0.33 times the vertical static reaction limits for which certification is re-
applied in any direction. quested must be considered to reach
444
maximum design loads for each part of (3) VS0 = seaplane stalling speed in
the seaplane structure. knots with flaps extended in the appro-
priate landing position and with no
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–23, 35 FR 5673, Apr. 8, slipstream effect.
1970] (4) b = angle of dead rise at the longi-
tudinal station at which the load fac-
§ 25.525 Application of loads. tor is being determined in accordance
with figure 1 of appendix B.
(a) Unless otherwise prescribed, the
(5) W= seaplane design landing
seaplane as a whole is assumed to be
weight in pounds.
subjected to the loads corresponding to
(6) K1 = empirical hull station weigh-
the load factors specified in § 25.527.
ing factor, in accordance with figure 2
(b) In applying the loads resulting
of appendix B.
from the load factors prescribed in (7) rx = ratio of distance, measured
§ 25.527, the loads may be distributed parallel to hull reference axis, from the
over the hull or main float bottom (in center of gravity of the seaplane to the
order to avoid excessive local shear hull longitudinal station at which the
loads and bending moments at the lo- load factor is being computed to the ra-
cation of water load application) using dius of gyration in pitch of the sea-
pressures not less than those pre- plane, the hull reference axis being a
scribed in § 25.533(b). straight line, in the plane of sym-
(c) For twin float seaplanes, each metry, tangential to the keel at the
float must be treated as an equivalent main step.
hull on a fictitious seaplane with a (c) For a twin float seaplane, because
weight equal to one-half the weight of of the effect of flexibility of the attach-
the twin float seaplane. ment of the floats to the seaplane, the
(d) Except in the takeoff condition of factor K1 may be reduced at the bow
§ 25.531, the aerodynamic lift on the and stern to 0.8 of the value shown in
seaplane during the impact is assumed figure 2 of appendix B. This reduction
to be 2⁄3 of the weight of the seaplane. applies only to the design of the carry-
through and seaplane structure.
§ 25.527 Hull and main float load fac-
tors. [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
(a) Water reaction load factors nW
1970]
must be computed in the following
manner: § 25.529 Hull and main float landing
(1) For the step landing case conditions.
(a) Symmetrical step, bow, and stern
C1VS 0 2 landing. For symmetrical step, bow,
nw =
⎛ Tan 23 β ⎞ W 13 and stern landings, the limit water re-
action load factors are those computed
⎝ ⎠ under § 25.527. In addition—
(2) For the bow and stern landing (1) For symmetrical step landings,
cases the resultant water load must be ap-
plied at the keel, through the center of
C1VS 0 2 K1 gravity, and must be directed per-
nw = 1 × 2 pendicularly to the keel line;
⎛ Tan 23 β ⎞ W
( )
3 3 (2) For symmetrical bow landings,
⎝ ⎠ 1 + rx 2 the resultant water load must be ap-
plied at the keel, one-fifth of the longi-
(b) The following values are used: tudinal distance from the bow to the
(1) nW = water reaction load factor step, and must be directed perpendicu-
(that is, the water reaction divided by larly to the keel line; and
seaplane weight). (3) For symmetrical stern landings,
(2) C1 = empirical seaplane operations the resultant water load must be ap-
factor equal to 0.012 (except that this plied at the keel, at a point 85 percent
EC28SE91.037</MATH>
factor may not be less than that nec- of the longitudinal distance from the
essary to obtain the minimum value of step to the stern post, and must be di-
step load factor of 2.33). rected perpendicularly to the keel line.
445
EC28SE91.036</MATH>
§ 25.531 14 CFR Ch. I (1–1–17 Edition)
(b) Unsymmetrical landing for hull and W = design water takeoff weight in pounds.
single float seaplanes. Unsymmetrical [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
step, bow, and stern landing conditions amended by Amdt. 25–23, 35 FR 5673, Apr. 8,
must be investigated. In addition— 1970]
(1) The loading for each condition
consists of an upward component and a § 25.533 Hull and main float bottom
pressures.
side component equal, respectively, to
0.75 and 0.25 tan b times the resultant (a) General. The hull and main float
load in the corresponding symmetrical structure, including frames and bulk-
landing condition; and heads, stringers, and bottom plating,
(2) The point of application and di- must be designed under this section.
rection of the upward component of the (b) Local pressures. For the design of
the bottom plating and stringers and
load is the same as that in the sym-
their attachments to the supporting
metrical condition, and the point of ap-
structure, the following pressure dis-
plication of the side component is at
tributions must be applied:
the same longitudinal station as the
(1) For an unflared bottom, the pres-
upward component but is directed insure at the chine is 0.75 times the pres-
ward perpendicularly to the plane of sure at the keel, and the pressures be-
symmetry at a point midway between tween the keel and chine vary linearly,
the keel and chine lines. in accordance with figure 3 of appendix
(c) Unsymmetrical landing; twin float B. The pressure at the keel (psi) is
seaplanes. The unsymmetrical loading computed as follows:
consists of an upward load at the step
of each float of 0.75 and a side load of K 2 VS12
0.25 tan b at one float times the step Pk = C2 ×
landing load reached under § 25.527. The tan β k
side load is directed inboard, per- where—
pendicularly to the plane of symmetry Pk = pressure (p.s.i.) at the keel;
midway between the keel and chine C2 = 0.00213;
lines of the float, at the same longitu- K2 = hull station weighing factor, in accord-
dinal station as the upward load. ance with figure 2 of appendix B;
VS1 = seaplane stalling speed (Knots) at the
§ 25.531 Hull and main float takeoff design water takeoff weight with flaps
condition. extended in the appropriate takeoff posi-
tion; and
For the wing and its attachment to bK = angle of dead rise at keel, in accordance
the hull or main float— with figure 1 of appendix B.
(a) The aerodynamic wing lift is as-
(2) For a flared bottom, the pressure
sumed to be zero; and at the beginning of the flare is the
(b) A downward inertia load, cor- same as that for an unflared bottom,
responding to a load factor computed and the pressure between the chine and
from the following formula, must be the beginning of the flare varies lin-
applied: early, in accordance with figure 3 of ap-
pendix B. The pressure distribution is
C TO VS12 the same as that prescribed in para-
n= graph (b)(1) of this section for an
⎛ tan 23 β ⎞ W 13 unflared bottom except that the pres-
⎝ ⎠ sure at the chine is computed as fol-
where— lows:
EC28SE91.040</MATH>
n = inertia load factor;

K 2 VS12
CTO = empirical seaplane operations factor
Pch = C3 ×
equal to 0.004;
tan β
design takeoff weight with the flaps ex- where—
tended in the appropriate takeoff posi- Pch = pressure (p.s.i.) at the chine;
EC28SE91.039</MATH>
tion; C3 = 0.0016;
b = angle of dead rise at the main step (de- K2 = hull station weighing factor, in accord-
grees); and ance with figure 2 of appendix B;
446
EC28SE91.038</MATH>
VS1 = seaplane stalling speed at the design must be designed for the conditions
water takeoff weight with flaps extended prescribed in this section. In the cases
in the appropriate takeoff position; and specified in paragraphs (b) through (e)
b = angle of dead rise at appropriate station.
of this section, the prescribed water
The area over which these pressures loads may be distributed over the float
are applied must simulate pressures oc- bottom to avoid excessive local loads,
curring during high localized impacts using bottom pressures not less than
on the hull or float, but need not ex- those prescribed in paragraph (g) of
tend over an area that would induce this section.
critical stresses in the frames or in the (b) Step loading. The resultant water
overall structure. load must be applied in the plane of
(c) Distributed pressures. For the de- symmetry of the float at a point three-
sign of the frames, keel, and chine fourths of the distance from the bow to
structure, the following pressure dis- the step and must be perpendicular to
tributions apply: the keel. The resultant limit load is
(1) Symmetrical pressures are com- computed as follows, except that the
puted as follows: value of L need not exceed three times
the weight of the displaced water when
K 2 VS 0 2 the float is completely submerged:
P = C4 ×
tan β 2
where—
C5 VS 2 W 3
P = pressure (p.s.i.); L = 0
( )
2 2
C4 = 0.078 C1 (with C1 computed under
tan 3 β s 1 + ry
2 3
§ 25.527);
K2 = hull station weighing factor, deter-
where—
mined in accordance with figure 2 of ap-
pendix B; L = limit load (lbs.);
VS0 = seaplane stalling speed (Knots) with C5 = 0.0053;
landing flaps extended in the appropriate VS0 = seaplane stalling speed (knots) with
position and with no slipstream effect; landing flaps extended in the appropriate
and position and with no slipstream effect;
VS0 = seaplane stalling speed with landing W = seaplane design landing weight in
flaps extended in the appropriate posi- pounds;
tion and with no slipstream effect; and b bS = angle of dead rise at a station 3⁄4 of the
= angle of dead rise at appropriate sta- distance from the bow to the step, but
tion. need not be less than 15 degrees; and
ry = ratio of the lateral distance between the
(2) The unsymmetrical pressure dis- center of gravity and the plane of sym-
tribution consists of the pressures pre- metry of the float to the radius of gyra-
scribed in paragraph (c)(1) of this section in roll.
tion on one side of the hull or main (c) Bow loading. The resultant limit
float centerline and one-half of that load must be applied in the plane of
pressure on the other side of the hull or symmetry of the float at a point one-
main float centerline, in accordance fourth of the distance from the bow to
with figure 3 of appendix B. the step and must be perpendicular to
These pressures are uniform and must the tangent to the keel line at that
be applied simultaneously over the en- point. The magnitude of the resultant
tire hull or main float bottom. The load is that specified in paragraph (b)
loads obtained must be carried into the of this section.
sidewall structure of the hull proper, (d) Unsymmetrical step loading. The re-
but need not be transmitted in a fore sultant water load consists of a compo-
and aft direction as shear and bending nent equal to 0.75 times the load speci-
loads. fied in paragraph (a) of this section and
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as a side component equal to 3.25 tan b
amended by Amdt. 25–23, 35 FR 5673, Apr. 8, times the load specified in paragraph
1970] (b) of this section. The side load must
be applied perpendicularly to the plane
§ 25.535 Auxiliary float loads.

EC28SE91.042</MATH>
of symmetry of the float at a point

(a) General. Auxiliary floats and their midway between the keel and the
attachments and supporting structures chine.
447
EC28SE91.041</MATH>
§ 25.537 14 CFR Ch. I (1–1–17 Edition)
(e) Unsymmetrical bow loading. The re- EMERGENCY LANDING CONDITIONS

sultant water load consists of a compo-
nent equal to 0.75 times the load speci- § 25.561 General.
fied in paragraph (b) of this section and (a) The airplane, although it may be
a side component equal to 0.25 tan b damaged in emergency landing condi-
times the load specified in paragraph tions on land or water, must be de-
(c) of this section. The side load must signed as prescribed in this section to
be applied perpendicularly to the plane protect each occupant under those con-
of symmetry at a point midway be- ditions.
tween the keel and the chine. (b) The structure must be designed to
(f) Immersed float condition. The re- give each occupant every reasonable
chance of escaping serious injury in a
sultant load must be applied at the
minor crash landing when—
centroid of the cross section of the
(1) Proper use is made of seats, belts,
float at a point one-third of the dis- and all other safety design provisions;
tance from the bow to the step. The (2) The wheels are retracted (where
limit load components are as follows: applicable); and
(3) The occupant experiences the fol-
vertical= ρgV lowing ultimate inertia forces acting
2 2 separately relative to the surrounding
aft = Cx 2ρ V ⎛ KVS ⎞ structure:
3
⎝ 0 ⎠
(i) Upward, 3.0g
(ii) Forward, 9.0g
2 2 (iii) Sideward, 3.0g on the airframe;
side = Cy 2ρ V
3 ⎛ KV ⎞ and 4.0g on the seats and their attach-
⎝ S0 ⎠ ments.
where— (iv) Downward, 6.0g
r = mass density of water (slugs/ft.2); (v) Rearward, 1.5g
V = volume of float (ft.2); (c) For equipment, cargo in the pas-
Cx = coefficient of drag force, equal to 0.133; senger compartments and any other
Cy = coefficient of side force, equal to 0.106; large masses, the following apply:
K = 0.8, except that lower values may be used (1) Except as provided in paragraph
if it is shown that the floats are incapa- (c)(2) of this section, these items must
ble of submerging at a speed of 0.8 VS0 in be positioned so that if they break
normal operations; loose they will be unlikely to:
VS0 = seaplane stalling speed (knots) with (i) Cause direct injury to occupants;
landing flaps extended in the appropriate (ii) Penetrate fuel tanks or lines or
position and with no slipstream effect; cause fire or explosion hazard by dam-
and age to adjacent systems; or
g = acceleration due to gravity (ft./sec.2). (iii) Nullify any of the escape facili-
(g) Float bottom pressures. The float ties provided for use after an emer-
bottom pressures must be established gency landing.
under § 25.533, except that the value of (2) When such positioning is not prac-
tical (e.g. fuselage mounted engines or
K2 in the formulae may be taken as 1.0.
auxiliary power units) each such item
The angle of dead rise to be used in de-
of mass shall be restrained under all
termining the float bottom pressures is loads up to those specified in paragraph
set forth in paragraph (b) of this sec- (b)(3) of this section. The local attach-
tion. ments for these items should be de-
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as signed to withstand 1.33 times the spec-
amended by Amdt. 25–23, 35 FR 5673, Apr. 8, ified loads if these items are subject to
1970] severe wear and tear through frequent
removal (e.g. quick change interior
§ 25.537 Seawing loads. items).
Seawing design loads must be based (d) Seats and items of mass (and
their supporting structure) must not
on applicable test data.

deform under any loads up to those
specified in paragraph (b)(3) of this sec-
tion in any manner that would impede
448
EC28SE91.043</MATH>
subsequent rapid evacuation of occu- grees either right or left, whichever

pants. would cause the greatest likelihood of
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as the upper torso restraint system
amended by Amdt. 25–23, 35 FR 5673, Apr. 8, (where installed) moving off the occu-
1970; Amdt. 25–64, 53 FR 17646, May 17, 1988; pant’s shoulder, and with the wings
Amdt. 25–91, 62 FR 40706, July 29, 1997] level. Peak floor deceleration must
occur in not more than 0.09 seconds
§ 25.562 Emergency landing dynamic after impact and must reach a min-
conditions. imum of 16g. Where floor rails or floor
(a) The seat and restraint system in fittings are used to attach the seating
the airplane must be designed as pre- devices to the test fixture, the rails or
scribed in this section to protect each fittings must be misaligned with re-
occupant during an emergency landing spect to the adjacent set of rails or fit-
condition when— tings by at least 10 degrees vertically
(1) Proper use is made of seats, safety (i.e., out of Parallel) with one rolled 10
belts, and shoulder harnesses provided degrees.
for in the design; and (c) The following performance meas-
(2) The occupant is exposed to loads ures must not be exceeded during the
resulting from the conditions pre- dynamic tests conducted in accordance
scribed in this section. with paragraph (b) of this section:
(b) Each seat type design approved (1) Where upper torso straps are used
for crew or passenger occupancy during for crewmembers, tension loads in indi-
takeoff and landing must successfully vidual straps must not exceed 1,750
complete dynamic tests or be dem- pounds. If dual straps are used for re-
onstrated by rational analysis based on straining the upper torso, the total
dynamic tests of a similar type seat, in strap tension loads must not exceed
accordance with each of the following 2,000 pounds.
emergency landing conditions. The
(2) The maximum compressive load
tests must be conducted with an occu-
measured between the pelvis and the
pant simulated by a 170-pound
anthropomorphic test dummy, as de- lumbar column of the anthropomorphic
fined by 49 CFR Part 572, Subpart B, or dummy must not exceed 1,500 pounds.
its equivalent, sitting in the normal (3) The upper torso restraint straps
upright position. (where installed) must remain on the
(1) A change in downward vertical ve- occupant’s shoulder during the impact.
locity (D v) of not less than 35 feet per (4) The lap safety belt must remain
second, with the airplane’s longitu- on the occupant’s pelvis during the im-
dinal axis canted downward 30 degrees pact.
with respect to the horizontal plane (5) Each occupant must be protected
and with the wings level. Peak floor de- from serious head injury under the con-
celeration must occur in not more than ditions prescribed in paragraph (b) of
0.08 seconds after impact and must this section. Where head contact with
reach a minimum of 14g. seats or other structure can occur, pro-
(2) A change in forward longitudinal tection must be provided so that the
velocity (D v) of not less than 44 feet head impact does not exceed a Head In-
per second, with the airplane’s longitu- jury Criterion (HIC) of 1,000 units. The
dinal axis horizontal and yawed 10 de- level of HIC is defined by the equation:
⎧ ⎡ 1 ⎤ ⎫⎪
2 .5
⎪
HIC = ⎨( t 2 − t 1 )⎢
t2
∫ a(t )dt ⎥⎥ ⎬
⎢⎣ ( t 2 − t 1 ) t1
⎪⎩ ⎦ ⎪⎭ max
Where: a(t) is the total acceleration vs. time curve

t1 is the initial integration time, for the head strike, and where
t2 is the final integration time, and
449
EC28SE91.044</MATH>
§ 25.563 14 CFR Ch. I (1–1–17 Edition)
(t) is in seconds, and (a) is in units of gravity catastrophic failure of the airplane;
(g). and
(6) Where leg injuries may result (iii) An analysis, supported by test
from contact with seats or other struc- evidence, of the principal structural
ture, protection must be provided to elements and detail design points iden-
prevent axially compressive loads ex- tified in paragraph (a)(1)(ii) of this sec-
ceeding 2,250 pounds in each femur. tion.
(7) The seat must remain attached at (2) The service history of airplanes of
all points of attachment, although the similar structural design, taking due
structure may have yielded. account of differences in operating con-
(8) Seats must not yield under the ditions and procedures, may be used in
tests specified in paragraphs (b)(1) and the evaluations required by this sec-
(b)(2) of this section to the extent they tion.
would impede rapid evacuation of the (3) Based on the evaluations required
airplane occupants. by this section, inspections or other
procedures must be established, as nec-
[Amdt. 25–64, 53 FR 17646, May 17, 1988] essary, to prevent catastrophic failure,
and must be included in the Airworthi-
§ 25.563 Structural ditching provi- ness Limitations section of the In-
sions. structions for Continued Airworthiness
Structural strength considerations of required by § 25.1529. The limit of valid-
ditching provisions must be in accord- ity of the engineering data that sup-
ance with § 25.801(e). ports the structural maintenance pro-
gram (hereafter referred to as LOV),
FATIGUE EVALUATION stated as a number of total accumu-
lated flight cycles or flight hours or
§ 25.571 Damage—tolerance and fa- both, established by this section must
tigue evaluation of structure.
also be included in the Airworthiness
(a) General. An evaluation of the Limitations section of the Instructions
strength, detail design, and fabrication for Continued Airworthiness required
must show that catastrophic failure by § 25.1529. Inspection thresholds for
due to fatigue, corrosion, manufac- the following types of structure must
turing defects, or accidental damage, be established based on crack growth
will be avoided throughout the oper- analyses and/or tests, assuming the
ational life of the airplane. This eval- structure contains an initial flaw of
uation must be conducted in accord- the maximum probable size that could
ance with the provisions of paragraphs exist as a result of manufacturing or
(b) and (e) of this section, except as service-induced damage:
specified in paragraph (c) of this sec- (i) Single load path structure, and
tion, for each part of the structure that (ii) Multiple load path ‘‘fail-safe’’
could contribute to a catastrophic fail- structure and crack arrest ‘‘fail-safe’’
ure (such as wing, empennage, control structure, where it cannot be dem-
surfaces and their systems, the fuse- onstrated that load path failure, par-
lage, engine mounting, landing gear, tial failure, or crack arrest will be de-
and their related primary attach- tected and repaired during normal
ments). For turbojet powered air- maintenance, inspection, or operation
planes, those parts that could con- of an airplane prior to failure of the re-
tribute to a catastrophic failure must maining structure.
also be evaluated under paragraph (d) (b) Damage-tolerance evaluation. The
of this section. In addition, the fol- evaluation must include a determina-
lowing apply: tion of the probable locations and
(1) Each evaluation required by this modes of damage due to fatigue, corro-
section must include— sion, or accidental damage. Repeated
(i) The typical loading spectra, tem- load and static analyses supported by
peratures, and humidities expected in test evidence and (if available) service
service; experience must also be incorporated
(ii) The identification of principal in the evaluation. Special consider-

structural elements and detail design ation for widespread fatigue damage
points, the failure of which could cause must be included where the design is
450
such that this type of damage could pressures during 1 g level flight) multi-
occur. An LOV must be established plied by a factor of 1.15, omitting other
that corresponds to the period of time, loads.
stated as a number of total accumu- (6) For landing gear and directly-af-
lated flight cycles or flight hours or fected airframe structure, the limit
both, during which it is demonstrated ground loading conditions specified in
that widespread fatigue damage will §§ 25.473, 25.491, and 25.493.
not occur in the airplane structure. If significant changes in structural
This demonstration must be by full- stiffness or geometry, or both, follow
scale fatigue test evidence. The type from a structural failure, or partial
certificate may be issued prior to com- failure, the effect on damage tolerance
pletion of full-scale fatigue testing, must be further investigated.
provided the Administrator has ap- (c) Fatigue (safe-life) evaluation. Com-
proved a plan for completing the re- pliance with the damage-tolerance re-
quired tests. In that case, the Air- quirements of paragraph (b) of this sec-
worthiness Limitations section of the tion is not required if the applicant es-
Instructions for Continued Airworthi- tablishes that their application for par-
ness required by § 25.1529 must specify ticular structure is impractical. This
that no airplane may be operated be- structure must be shown by analysis,
yond a number of cycles equal to 1⁄2 the supported by test evidence, to be able
number of cycles accumulated on the to withstand the repeated loads of vari-
fatigue test article, until such testing able magnitude expected during its
is completed. The extent of damage for service life without detectable cracks.
residual strength evaluation at any Appropriate safe-life scatter factors
time within the operational life of the must be applied.
airplane must be consistent with the (d) Sonic fatigue strength. It must be
initial detectability and subsequent shown by analysis, supported by test
growth under repeated loads. The resid- evidence, or by the service history of
ual strength evaluation must show airplanes of similar structural design
that the remaining structure is able to and sonic excitation environment,
withstand loads (considered as static that—
ultimate loads) corresponding to the
(1) Sonic fatigue cracks are not prob-
following conditions:
able in any part of the flight structure
(1) The limit symmetrical maneu-
subject to sonic excitation; or
vering conditions specified in § 25.337 at
(2) Catastrophic failure caused by
all speeds up to Vc and in § 25.345.
sonic cracks is not probable assuming
(2) The limit gust conditions speci-
that the loads prescribed in paragraph
fied in § 25.341 at the specified speeds up
(b) of this section are applied to all
to VC and in § 25.345.
areas affected by those cracks.
(3) The limit rolling conditions speci-
(e) Damage-tolerance (discrete source)
fied in § 25.349 and the limit unsymmet-
evaluation. The airplane must be capa-
rical conditions specified in §§ 25.367
ble of successfully completing a flight
and 25.427 (a) through (c), at speeds up
during which likely structural damage
to VC.
occurs as a result of—
(4) The limit yaw maneuvering condi-
tions specified in § 25.351(a) at the spec- (1) Impact with a 4-pound bird when
ified speeds up to VC. the velocity of the airplane relative to
(5) For pressurized cabins, the fol- the bird along the airplane’s flight
lowing conditions: path is equal to Vc at sea level or 0.85Vc
(i) The normal operating differential at 8,000 feet, whichever is more critical;
pressure combined with the expected (2) Uncontained fan blade impact;
external aerodynamic pressures applied (3) Uncontained engine failure; or
simultaneously with the flight loading (4) Uncontained high energy rotating
conditions specified in paragraphs machinery failure.
(b)(1) through (4) of this section, if they The damaged structure must be able to
have a significant effect. withstand the static loads (considered
(ii) The maximum value of normal as ultimate loads) which are reason-
operating differential pressure (includ- ably expected to occur on the flight.
ing the expected external aerodynamic Dynamic effects on these static loads
451
§ 25.581 14 CFR Ch. I (1–1–17 Edition)
need not be considered. Corrective ac- (a) Be established on the basis of ex-
tion to be taken by the pilot following perience or tests;
the incident, such as limiting maneu- (b) Conform to approved specifica-
vers, avoiding turbulence, and reducing tions (such as industry or military
speed, must be considered. If signifi- specifications, or Technical Standard
cant changes in structural stiffness or Orders) that ensure their having the
geometry, or both, follow from a struc- strength and other properties assumed
tural failure or partial failure, the ef- in the design data; and
fect on damage tolerance must be fur- (c) Take into account the effects of
ther investigated. environmental conditions, such as tem-
[Amdt. 25–45, 43 FR 46242, Oct. 5, 1978, as perature and humidity, expected in
amended by Amdt. 25–54, 45 FR 60173, Sept. service.
11, 1980; Amdt. 25–72, 55 FR 29776, July 20,
1990; Amdt. 25–86, 61 FR 5222, Feb. 9, 1996; [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
Amdt. 25–96, 63 FR 15714, Mar. 31, 1998; 63 FR amended by Amdt. 25–38, 41 FR 55466, Dec. 20,
23338, Apr. 28, 1998; Amdt. 25–132, 75 FR 69781, 1976; Amdt. 25–46, 43 FR 50595, Oct. 30, 1978]
Nov. 15, 2010]
§ 25.605 Fabrication methods.
LIGHTNING PROTECTION (a) The methods of fabrication used
must produce a consistently sound
§ 25.581 Lightning protection.
structure. If a fabrication process (such
(a) The airplane must be protected as gluing, spot welding, or heat treat-
against catastrophic effects from lighting) requires close control to reach this
ning. objective, the process must be per-
(b) For metallic components, compli- formed under an approved process spec-
ance with paragraph (a) of this section ification.
may be shown by— (b) Each new aircraft fabrication
(1) Bonding the components properly method must be substantiated by a
to the airframe; or test program.
(2) Designing the components so that
a strike will not endanger the airplane. [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
(c) For nonmetallic components, amended by Amdt. 25–46, 43 FR 50595, Oct. 30,
compliance with paragraph (a) of this 1978]
section may be shown by—
§ 25.607 Fasteners.
(1) Designing the components to min-
imize the effect of a strike; or (a) Each removable bolt, screw, nut,
(2) Incorporating acceptable means of pin, or other removable fastener must
diverting the resulting electrical cur- incorporate two separate locking de-
rent so as not to endanger the airplane. vices if—
[Amdt. 25–23, 35 FR 5674, Apr. 8, 1970]
(1) Its loss could preclude continued
flight and landing within the design
limitations of the airplane using nor-
Subpart D—Design and mal pilot skill and strength; or
Construction (2) Its loss could result in reduction
GENERAL in pitch, yaw, or roll control capability
or response below that required by
§ 25.601 General. Subpart B of this chapter.
(b) The fasteners specified in para-
The airplane may not have design
graph (a) of this section and their lock-
features or details that experience has
ing devices may not be adversely af-
shown to be hazardous or unreliable.
fected by the environmental conditions
The suitability of each questionable
associated with the particular installa-
design detail and part must be estab-
tion.
lished by tests.
(c) No self-locking nut may be used
§ 25.603 Materials. on any bolt subject to rotation in oper-
ation unless a nonfriction locking de-
The suitability and durability of ma-
vice is used in addition to the self-lock-

terials used for parts, the failure of
ing device.
which could adversely affect safety,
must— [Amdt. 25–23, 35 FR 5674, Apr. 8, 1970]
452
§ 25.609 Protection of structure. (2) For redundant structure, in which

the failure of individual elements
Each part of the structure must—
would result in applied loads being
(a) Be suitably protected against de-
safely distributed to other load car-
terioration or loss of strength in serv-
rying members, 90 percent probability
ice due to any cause, including—
with 95 percent confidence.
(1) Weathering;
(c) The effects of environmental con-
(2) Corrosion; and
ditions, such as temperature and mois-
(3) Abrasion; and
ture, on material design values used in
(b) Have provisions for ventilation
an essential component or structure
and drainage where necessary for pro-
must be considered where these effects
tection.
are significant within the airplane op-
§ 25.611 Accessibility provisions. erating envelope.
(d) [Reserved]
(a)Means must be provided to allow (e) Greater material design values
inspection (including inspection of may be used if a ‘‘premium selection’’
principal structural elements and con- of the material is made in which a
trol systems), replacement of parts specimen of each individual item is
normally requiring replacement, ad- tested before use to determine that the
justment, and lubrication as necessary actual strength properties of that par-
for continued airworthiness. The in- ticular item will equal or exceed those
spection means for each item must be used in design.
practicable for the inspection interval (f) Other material design values may
for the item. Nondestructive inspection be used if approved by the Adminis-
aids may be used to inspect structural trator.
elements where it is impracticable to
provide means for direct visual inspec- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
tion if it is shown that the inspection amended by Amdt. 25–46, 43 FR 50595, Oct. 30,
is effective and the inspection proce- 1978; Amdt. 25–72, 55 FR 29776, July 20, 1990;
Amdt. 25–112, 68 FR 46431, Aug. 5, 2003]
dures are specified in the maintenance
manual required by § 25.1529. § 25.619 Special factors.
(b) EWIS must meet the accessibility
requirements of § 25.1719. The factor of safety prescribed in
§ 25.303 must be multiplied by the high-
[Amdt. 25–23, 35 FR 5674, Apr. 8, 1970, as est pertinent special factor of safety
prescribed in §§ 25.621 through 25.625 for
2007]
each part of the structure whose
§ 25.613 Material strength properties strength is—
and material design values. (a) Uncertain;
(b) Likely to deteriorate in service
(a) Material strength properties must
before normal replacement; or
be based on enough tests of material
meeting approved specifications to es- (c) Subject to appreciable variability
tablish design values on a statistical because of uncertainties in manufac-
basis. turing processes or inspection methods.
(b) Material design values must be [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
chosen to minimize the probability of amended by Amdt. 25–23, 35 FR 5674, Apr. 8,
structural failures due to material var- 1970]
iability. Except as provided in para-
graphs (e) and (f) of this section, com- § 25.621 Casting factors.
pliance must be shown by selecting ma- (a) General. For castings used in
terial design values which assure mate- structural applications, the factors,
rial strength with the following prob- tests, and inspections specified in para-
ability: graphs (b) through (d) of this section
(1) Where applied loads are eventu- must be applied in addition to those
ally distributed through a single mem- necessary to establish foundry quality
ber within an assembly, the failure of control. The inspections must meet ap-
which would result in loss of structural proved specifications. Paragraphs (c)

integrity of the component, 99 percent and (d) of this section apply to any
probability with 95 percent confidence. structural castings, except castings
453
§ 25.621 14 CFR Ch. I (1–1–17 Edition)
that are pressure tested as parts of hy- (iii) One casting undergoes a static
draulic or other fluid systems and do test and is shown to meet the strength
not support structural loads. and deformation requirements of
(b) Bearing stresses and surfaces. The § 25.305(a) and (b).
casting factors specified in paragraphs (2) A casting factor of 1.25 or greater
(c) and (d) of this section— may be used, provided that—
(1) Need not exceed 1.25 with respect (i) Each casting receives:
to bearing stresses regardless of the (A) Inspection of 100 percent of its
method of inspection used; and surface, using visual inspection and liq-
(2) Need not be used with respect to uid penetrant or equivalent inspection
the bearing surfaces of a part whose methods; and
bearing factor is larger than the appli- (B) Inspection of structurally signifi-
cable casting factor. cant internal areas and areas where de-
(c) Critical castings. Each casting fects are likely to occur, using radio-
whose failure could preclude continued graphic or equivalent inspection meth-
safe flight and landing of the airplane ods.
or could result in serious injury to oc- (ii) Three castings undergo static
cupants is a critical casting. Each crit- tests and are shown to meet:
ical casting must have a factor associ- (A) The strength requirements of
ated with it for showing compliance § 25.305(b) at an ultimate load cor-
with strength and deformation require- responding to a casting factor of 1.25;
ments of § 25.305, and must comply with and
the following criteria associated with (B) The deformation requirements of
that factor: § 25.305(a) at a load of 1.15 times the
(1) A casting factor of 1.0 or greater limit load.
may be used, provided that— (3) A casting factor of 1.50 or greater
(i) It is demonstrated, in the form of may be used, provided that—
process qualification, proof of product, (i) Each casting receives:
and process monitoring that, for each (A) Inspection of 100 percent of its
casting design and part number, the surface, using visual inspection and liq-
castings produced by each foundry and uid penetrant or equivalent inspection
process combination have coefficients methods; and
of variation of the material properties (B) Inspection of structurally signifi-
that are equivalent to those of wrought cant internal areas and areas where de-
alloy products of similar composition. fects are likely to occur, using radio-
Process monitoring must include test- graphic or equivalent inspection meth-
ing of coupons cut from the prolonga- ods.
tions of each casting (or each set of (ii) One casting undergoes a static
castings, if produced from a single pour test and is shown to meet:
into a single mold in a runner system) (A) The strength requirements of
and, on a sampling basis, coupons cut § 25.305(b) at an ultimate load cor-
from critical areas of production cast- responding to a casting factor of 1.50;
ings. The acceptance criteria for the and
process monitoring inspections and (B) The deformation requirements of
tests must be established and included § 25.305(a) at a load of 1.15 times the
in the process specifications to ensure limit load.
the properties of the production cast- (d) Non-critical castings. For each
ings are controlled to within levels casting other than critical castings, as
used in design. specified in paragraph (c) of this sec-
(ii) Each casting receives: tion, the following apply:
(A) Inspection of 100 percent of its (1) A casting factor of 1.0 or greater
surface, using visual inspection and liq- may be used, provided that the require-
uid penetrant or equivalent inspection ments of (c)(1) of this section are met,
methods; and or all of the following conditions are
(B) Inspection of structurally signifi- met:
cant internal areas and areas where de- (i) Castings are manufactured to ap-
fects are likely to occur, using radio- proved specifications that specify the
graphic or equivalent inspection meth- minimum mechanical properties of the
ods. material in the casting and provides
454
for demonstration of these properties (b) No bearing factor need be used for
by testing of coupons cut from the a part for which any larger special fac-
castings on a sampling basis. tor is prescribed.
(ii) Each casting receives:
(A) Inspection of 100 percent of its § 25.625 Fitting factors.
surface, using visual inspection and liq- For each fitting (a part or terminal
uid penetrant or equivalent inspection used to join one structural member to
methods; and another), the following apply:
(B) Inspection of structurally signifi- (a) For each fitting whose strength is
cant internal areas and areas where de- not proven by limit and ultimate load
fects are likely to occur, using radio- tests in which actual stress conditions
graphic or equivalent inspection meth- are simulated in the fitting and sur-
ods. rounding structures, a fitting factor of
(iii) Three sample castings undergo at least 1.15 must be applied to each
static tests and are shown to meet the part of—
strength and deformation requirements (1) The fitting;
of § 25.305(a) and (b).
(2) The means of attachment; and
(2) A casting factor of 1.25 or greater
(3) The bearing on the joined mem-
may be used, provided that each cast-
bers.
ing receives:
(b) No fitting factor need be used—
(i) Inspection of 100 percent of its sur-
face, using visual inspection and liquid (1) For joints made under approved
penetrant or equivalent inspection practices and based on comprehensive
methods; and test data (such as continuous joints in
(ii) Inspection of structurally signifi- metal plating, welded joints, and scarf
cant internal areas and areas where de- joints in wood); or
fects are likely to occur, using radio- (2) With respect to any bearing sur-
graphic or equivalent inspection meth- face for which a larger special factor is
ods. used.
(3) A casting factor of 1.5 or greater (c) For each integral fitting, the part
may be used, provided that each cast- must be treated as a fitting up to the
ing receives inspection of 100 percent of point at which the section properties
its surface using visual inspection and become typical of the member.
liquid penetrant or equivalent inspec- (d) For each seat, berth, safety belt,
tion methods. and harness, the fitting factor specified
(4) A casting factor of 2.0 or greater in § 25.785(f)(3) applies.
may be used, provided that each cast- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
ing receives inspection of 100 percent of amended by Amdt. 25–23, 35 FR 5674, Apr. 8,
its surface using visual inspection 1970; Amdt. 25–72, 55 FR 29776, July 20, 1990]
methods.
(5) The number of castings per pro- § 25.629 Aeroelastic stability require-
duction batch to be inspected by non- ments.
visual methods in accordance with (a) General. The aeroelastic stability
paragraphs (d)(2) and (3) of this section evaluations required under this section
may be reduced when an approved qual- include flutter, divergence, control re-
ity control procedure is established. versal and any undue loss of stability
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as and control as a result of structural de-
amended by Amdt. 25–139, 79 FR 59429, Oct. 2, formation. The aeroelastic evaluation
2014] must include whirl modes associated
with any propeller or rotating device
§ 25.623 Bearing factors. that contributes significant dynamic
(a) Except as provided in paragraph forces. Compliance with this section
(b) of this section, each part that has must be shown by analyses, wind tun-
clearance (free fit), and that is subject nel tests, ground vibration tests, flight
to pounding or vibration, must have a tests, or other means found necessary
bearing factor large enough to provide by the Administrator.

for the effects of normal relative mo- (b) Aeroelastic stability envelopes. The
tion. airplane must be designed to be free
455
§ 25.629 14 CFR Ch. I (1–1–17 Edition)
from aeroelastic instability for all con- (4) Failure of any single element of
figurations and design conditions with- the structure supporting any engine,
in the aeroelastic stability envelopes independently mounted propeller shaft,
as follows: large auxiliary power unit, or large ex-
(1) For normal conditions without ternally mounted aerodynamic body
failures, malfunctions, or adverse con- (such as an external fuel tank).
ditions, all combinations of altitudes (5) For airplanes with engines that
and speeds encompassed by the VD/MD have propellers or large rotating de-
versus altitude envelope enlarged at all vices capable of significant dynamic
points by an increase of 15 percent in forces, any single failure of the engine
equivalent airspeed at both constant structure that would reduce the rigid-
Mach number and constant altitude. In ity of the rotational axis.
addition, a proper margin of stability (6) The absence of aerodynamic or gy-
must exist at all speeds up to VD/MD roscopic forces resulting from the most
and, there must be no large and rapid adverse combination of feathered pro-
reduction in stability as VD/MD is ap- pellers or other rotating devices capa-
proached. The enlarged envelope may ble of significant dynamic forces. In
be limited to Mach 1.0 when MD is less addition, the effect of a single feath-
than 1.0 at all design altitudes, and ered propeller or rotating device must
(2) For the conditions described in be coupled with the failures of para-
§ 25.629(d) below, for all approved alti- graphs (d)(4) and (d)(5) of this section.
tudes, any airspeed up to the greater (7) Any single propeller or rotating
airspeed defined by; device capable of significant dynamic
forces rotating at the highest likely
(i) The VD/MD envelope determined by
overspeed.
§ 25.335(b); or,
(8) Any damage or failure condition,
(ii) An altitude-airspeed envelope de- required or selected for investigation
fined by a 15 percent increase in equiv- by § 25.571. The single structural fail-
alent airspeed above VC at constant al- ures described in paragraphs (d)(4) and
titude, from sea level to the altitude of (d)(5) of this section need not be consid-
the intersection of 1.15 VC with the ex- ered in showing compliance with this
tension of the constant cruise Mach section if;
number line, MC, then a linear vari- (i) The structural element could not
ation in equivalent airspeed to MC + .05 fail due to discrete source damage re-
at the altitude of the lowest VC/MC sulting from the conditions described
intersection; then, at higher altitudes, in § 25.571(e), and
up to the maximum flight altitude, the (ii) A damage tolerance investigation
boundary defined by a .05 Mach in- in accordance with § 25.571(b) shows
crease in MC at constant altitude. that the maximum extent of damage
(c) Balance weights. If concentrated assumed for the purpose of residual
balance weights are used, their effec- strength evaluation does not involve
tiveness and strength, including sup- complete failure of the structural ele-
porting structure, must be substan- ment.
tiated. (9) Any damage, failure, or malfunc-
(d) Failures, malfunctions, and adverse tion considered under §§ 25.631, 25.671,
conditions. The failures, malfunctions, 25.672, and 25.1309.
and adverse conditions which must be (10) Any other combination of fail-
considered in showing compliance with ures, malfunctions, or adverse condi-
this section are: tions not shown to be extremely im-
(1) Any critical fuel loading condi- probable.
tions, not shown to be extremely im- (e) Flight flutter testing. Full scale
probable, which may result from mis- flight flutter tests at speeds up to VDF/
management of fuel. MDF must be conducted for new type
(2) Any single failure in any flutter designs and for modifications to a type
damper system. design unless the modifications have
(3) For airplanes not approved for op- been shown to have an insignificant ef-
eration in icing conditions, the max- fect on the aeroelastic stability. These
imum likely ice accumulation expected tests must demonstrate that the air-
as a result of an inadvertent encounter. plane has a proper margin of damping
456
at all speeds up to VDF/MDF, and that (b) If an adjustable stabilizer is used,

there is no large and rapid reduction in it must have stops that will limit its
damping as VDF/MDF, is approached. If a range of travel to the maximum for
failure, malfunction, or adverse condi- which the airplane is shown to meet
tion is simulated during flight test in the trim requirements of § 25.161.
showing compliance with paragraph (d)
of this section, the maximum speed in- § 25.657 Hinges.
vestigated need not exceed VFC/MFC if it (a) For control surface hinges, in-
is shown, by correlation of the flight cluding ball, roller, and self-lubricated
test data with other test data or anal- bearing hinges, the approved rating of
yses, that the airplane is free from any the bearing may not be exceeded. For
aeroelastic instability at all speeds nonstandard bearing hinge configura-
within the altitude-airspeed envelope tions, the rating must be established
described in paragraph (b)(2) of this on the basis of experience or tests and,
section. in the absence of a rational investiga-
tion, a factor of safety of not less than
[Doc. No. 26007, 57 FR 28949, June 29, 1992] 6.67 must be used with respect to the
ultimate bearing strength of the soft-
§ 25.631 Bird strike damage. est material used as a bearing.
The empennage structure must be de- (b) Hinges must have enough
signed to assure capability of contin- strength and rigidity for loads parallel
ued safe flight and landing of the air- to the hinge line.
plane after impact with an 8-pound bird [Amdt. 25–23, 35 FR 5674, Apr. 8, 1970]
when the velocity of the airplane (rel-
ative to the bird along the airplane’s CONTROL SYSTEMS
flight path) is equal to VC at sea level,
selected under § 25.335(a). Compliance § 25.671 General.
with this section by provision of redun- (a) Each control and control system
dant structure and protected location must operate with the ease, smooth-
of control system elements or protec- ness, and positiveness appropriate to
tive devices such as splitter plates or its function.
energy absorbing material is accept- (b) Each element of each flight con-
able. Where compliance is shown by trol system must be designed, or dis-
analysis, tests, or both, use of data on tinctively and permanently marked, to
airplanes having similar structural de- minimize the probability of incorrect
sign is acceptable. assembly that could result in the mal-
[Amdt. 25–23, 35 FR 5674, Apr. 8, 1970]
functioning of the system.
(c) The airplane must be shown by
CONTROL SURFACES analysis, tests, or both, to be capable
of continued safe flight and landing
§ 25.651 Proof of strength. after any of the following failures or
jamming in the flight control system
(a) Limit load tests of control sur- and surfaces (including trim, lift, drag,
faces are required. These tests must in- and feel systems), within the normal
clude the horn or fitting to which the flight envelope, without requiring ex-
control system is attached. ceptional piloting skill or strength.
(b) Compliance with the special fac- Probable malfunctions must have only
tors requirements of §§ 25.619 through minor effects on control system oper-
25.625 and 25.657 for control surface ation and must be capable of being
hinges must be shown by analysis or readily counteracted by the pilot.
individual load tests. (1) Any single failure, excluding jam-
ming (for example, disconnection or
§ 25.655 Installation. failure of mechanical elements, or
(a) Movable tail surfaces must be in- structural failure of hydraulic compo-
stalled so that there is no interference nents, such as actuators, control spool
between any surfaces when one is held housing, and valves).
in its extreme position and the others (2) Any combination of failures not
are operated through their full angular shown to be extremely improbable, ex-
movement. cluding jamming (for example, dual
457
§ 25.672 14 CFR Ch. I (1–1–17 Edition)
electrical or hydraulic system failures, (1) The airplane is safely controllable

or any single failure in combination when the failure or malfunction occurs
with any probable hydraulic or elec- at any speed or altitude within the ap-
trical failure). proved operating limitations that is
(3) Any jam in a control position nor- critical for the type of failure being
mally encountered during takeoff, considered;
climb, cruise, normal turns, descent, (2) The controllability and maneuver-
and landing unless the jam is shown to ability requirements of this part are
be extremely improbable, or can be al- met within a practical operational
leviated. A runaway of a flight control flight envelope (for example, speed, al-
to an adverse position and jam must be titude, normal acceleration, and air-
accounted for if such runaway and sub- plane configurations) which is de-
sequent jamming is not extremely im- scribed in the Airplane Flight Manual;
probable. and
(d) The airplane must be designed so (3) The trim, stability, and stall char-
that it is controllable if all engines acteristics are not impaired below a
fail. Compliance with this requirement level needed to permit continued safe
may be shown by analysis where that flight and landing.
method has been shown to be reliable.
[Amdt. 25–23, 35 FR 5675 Apr. 8, 1970]
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
§ 25.675 Stops.
1970]
(a) Each control system must have
§ 25.672 Stability augmentation and stops that positively limit the range of
automatic and power-operated sys- motion of each movable aerodynamic
tems. surface controlled by the system.
If the functioning of stability aug- (b) Each stop must be located so that
mentation or other automatic or wear, slackness, or take-up adjust-
power-operated systems is necessary to ments will not adversely affect the
show compliance with the flight char- control characteristics of the airplane
acteristics requirements of this part, because of a change in the range of sur-
such systems must comply with § 25.671 face travel.
and the following: (c) Each stop must be able to with-
(a) A warning which is clearly distin- stand any loads corresponding to the
guishable to the pilot under expected design conditions for the control sys-
flight conditions without requiring his tem.
attention must be provided for any
failure in the stability augmentation [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
system or in any other automatic or amended by Amdt. 25–38, 41 FR 55466, Dec. 20,
1976]
power-operated system which could re-
sult in an unsafe condition if the pilot
§ 25.677 Trim systems.
were not aware of the failure. Warning
systems must not activate the control (a) Trim controls must be designed to
systems. prevent inadvertent or abrupt oper-
(b) The design of the stability aug- ation and to operate in the plane, and
mentation system or of any other auto- with the sense of motion, of the air-
matic or power-operated system must plane.
permit initial counteraction of failures (b) There must be means adjacent to
of the type specified in § 25.671(c) with- the trim control to indicate the direc-
out requiring exceptional pilot skill or tion of the control movement relative
strength, by either the deactivation of to the airplane motion. In addition,
the system, or a failed portion thereof, there must be clearly visible means to
or by overriding the failure by move- indicate the position of the trim device
ment of the flight controls in the nor- with respect to the range of adjust-
mal sense. ment. The indicator must be clearly
(c) It must be shown that after any marked with the range within which it
single failure of the stability aug- has been demonstrated that takeoff is
mentation system or any other auto- safe for all center of gravity positions
matic or power-operated system— approved for takeoff.
458
(c) Trim control systems must be de- in normal operation, the system is free
signed to prevent creeping in flight. from—
Trim tab controls must be irreversible (1) Jamming;
unless the tab is appropriately bal- (2) Excessive friction; and
anced and shown to be free from flut- (3) Excessive deflection.
ter. (b) It must be shown by analysis and,
(d) If an irreversible tab control sys- where necessary, by tests, that in the
tem is used, the part from the tab to presence of deflections of the airplane
the attachment of the irreversible unit structure due to the separate applica-
to the airplane structure must consist tion of pitch, roll, and yaw limit ma-
of a rigid connection. neuver loads, the control system, when
loaded to obtain these limit loads and
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–23, 35 FR 5675, Apr. 8, operated within its operational range
1970; Amdt. 25–115, 69 FR 40527, July 2, 2004] of deflections, can be exercised about
all control axes and remain free from—
§ 25.679 Control system gust locks. (1) Jamming;
(a) There must be a device to prevent (2) Excessive friction;
damage to the control surfaces (includ- (3) Disconnection; and
ing tabs), and to the control system, (4) Any form of permanent damage.
from gusts striking the airplane while (c) It must be shown that under vi-
it is on the ground or water. If the de- bration loads in the normal flight and
vice, when engaged, prevents normal ground operating conditions, no hazard
operation of the control surfaces by the can result from interference or contact
pilot, it must— with adjacent elements.
(1) Automatically disengage when the [Amdt. 25–139, 79 FR 59430, Oct. 2, 2014]
pilot operates the primary flight con-
trols in a normal manner; or § 25.685 Control system details.
(2) Limit the operation of the air- (a) Each detail of each control sys-
plane so that the pilot receives unmis- tem must be designed and installed to
takable warning at the start of takeoff. prevent jamming, chafing, and inter-
(b) The device must have means to ference from cargo, passengers, loose
preclude the possibility of it becoming objects, or the freezing of moisture.
inadvertently engaged in flight. (b) There must be means in the cock-
pit to prevent the entry of foreign ob-
§ 25.681 Limit load static tests. jects into places where they would jam
(a) Compliance with the limit load the system.
requirements of this Part must be (c) There must be means to prevent
shown by tests in which— the slapping of cables or tubes against
(1) The direction of the test loads other parts.
produces the most severe loading in the (d) Sections 25.689 and 25.693 apply to
control system; and cable systems and joints.
(2) Each fitting, pulley, and bracket [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
used in attaching the system to the amended by Amdt. 25–38, 41 FR 55466, Dec. 20,
main structure is included. 1976]
(b) Compliance must be shown (by
analyses or individual load tests) with § 25.689 Cable systems.
the special factor requirements for (a) Each cable, cable fitting, turn-
control system joints subject to angu- buckle, splice, and pulley must be ap-
lar motion. proved. In addition—
(1) No cable smaller than 1⁄8 inch in
§ 25.683 Operation tests. diameter may be used in the aileron,
(a) It must be shown by operation elevator, or rudder systems; and
tests that when portions of the control (2) Each cable system must be de-
system subject to pilot effort loads are signed so that there will be no haz-
loaded to 80 percent of the limit load ardous change in cable tension
specified for the system and the pow- throughout the range of travel under
ered portions of the control system are operating conditions and temperature
loaded to the maximum load expected variations.
459
§ 25.693 14 CFR Ch. I (1–1–17 Edition)
(b) Each kind and size of pulley must (c) The rate of motion of the surfaces
correspond to the cable with which it is in response to the operation of the con-
used. Pulleys and sprockets must have trol and the characteristics of the
closely fitted guards to prevent the ca- automatic positioning or load limiting
bles and chains from being displaced or device must give satisfactory flight
fouled. Each pulley must lie in the and performance characteristics under
plane passing through the cable so that steady or changing conditions of air-
the cable does not rub against the pul- speed, engine power, and airplane atti-
ley flange. tude.
(c) Fairleads must be installed so (d) The lift device control must be
that they do not cause a change in designed to retract the surfaces from
cable direction of more than three de- the fully extended position, during
grees. steady flight at maximum continuous
(d) Clevis pins subject to load or mo- engine power at any speed below VF +
tion and retained only by cotter pins 9.0 (knots).
may not be used in the control system. [Amdt. 25–23, 35 FR 5675, Apr. 8, 1970, as
(e) Turnbuckles must be attached to amended by Amdt. 25–46, 43 FR 50595, Oct. 30,
parts having angular motion in a man- 1978; Amdt. 25–57, 49 FR 6848, Feb. 23, 1984]
ner that will positively prevent binding
throughout the range of travel. § 25.699 Lift and drag device indicator.
(f) There must be provisions for vis- (a) There must be means to indicate
ual inspection of fairleads, pulleys, ter- to the pilots the position of each lift or
minals, and turnbuckles. drag device having a separate control
in the cockpit to adjust its position. In
§ 25.693 Joints. addition, an indication of unsymmet-
Control system joints (in push-pull rical operation or other malfunction in
systems) that are subject to angular the lift or drag device systems must be
motion, except those in ball and roller provided when such indication is nec-
bearing systems, must have a special essary to enable the pilots to prevent
factor of safety of not less than 3.33 or counteract an unsafe flight or
with respect to the ultimate bearing ground condition, considering the ef-
strength of the softest material used as fects on flight characteristics and per-
a bearing. This factor may be reduced formance.
to 2.0 for joints in cable control sys- (b) There must be means to indicate
tems. For ball or roller bearings, the to the pilots the takeoff, en route, ap-
approved ratings may not be exceeded. proach, and landing lift device posi-
tions.
[Amdt. 25–72, 55 FR 29777, July 20, 1990]
(c) If any extension of the lift and
§ 25.697 Lift and drag devices, con- drag devices beyond the landing posi-
trols. tion is possible, the controls must be
clearly marked to identify this range
(a) Each lift device control must be of extension.
designed so that the pilots can place
the device in any takeoff, en route, ap- [Amdt. 25–23, 35 FR 5675, Apr. 8, 1970]
proach, or landing position established
under § 25.101(d). Lift and drag devices § 25.701 Flap and slat interconnection.
must maintain the selected positions, (a) Unless the airplane has safe flight
except for movement produced by an characteristics with the flaps or slats
automatic positioning or load limiting retracted on one side and extended on
device, without further attention by the other, the motion of flaps or slats
the pilots. on opposite sides of the plane of sym-
(b) Each lift and drag device control metry must be synchronized by a me-
must be designed and located to make chanical interconnection or approved
inadvertent operation improbable. Lift equivalent means.
and drag devices intended for ground (b) If a wing flap or slat interconnec-
operation only must have means to tion or equivalent means is used, it
prevent the inadvertant operation of must be designed to account for the ap-
their controls in flight if that oper- plicable unsymmetrical loads, includ-
ation could be hazardous. ing those resulting from flight with the
460
engines on one side of the plane of sym- weights, altitudes, and temperatures
metry inoperative and the remaining for which certification is requested.
engines at takeoff power. [Amdt. 25–42, 43 FR 2323, Jan. 16, 1978]
(c) For airplanes with flaps or slats
that are not subjected to slipstream LANDING GEAR
conditions, the structure must be de-
signed for the loads imposed when the § 25.721 General.
wing flaps or slats on one side are car- (a) The landing gear system must be
rying the most severe load occurring in designed so that when it fails due to
the prescribed symmetrical conditions overloads during takeoff and landing,
and those on the other side are car- the failure mode is not likely to cause
rying not more than 80 percent of that spillage of enough fuel to constitute a
load. fire hazard. The overloads must be as-
(d) The interconnection must be de- sumed to act in the upward and aft di-
signed for the loads resulting when rections in combination with side loads
interconnected flap or slat surfaces on acting inboard and outboard. In the ab-
one side of the plane of symmetry are sence of a more rational analysis, the
jammed and immovable while the sur- side loads must be assumed to be up to
faces on the other side are free to move 20 percent of the vertical load or 20 per-
and the full power of the surface actu- cent of the drag load, whichever is
ating system is applied. greater.
(b) The airplane must be designed to
[Amdt. 25–72, 55 FR 29777, July 20, 1990] avoid any rupture leading to the spill-
age of enough fuel to constitute a fire
§ 25.703 Takeoff warning system. hazard as a result of a wheels-up land-
A takeoff warning system must be in- ing on a paved runway, under the fol-
stalled and must meet the following re- lowing minor crash landing conditions:
quirements: (1) Impact at 5 feet-per-second
(a) The system must provide to the vertical velocity, with the airplane
pilots an aural warning that is auto- under control, at Maximum Design
matically activated during the initial Landing Weight—
(i) With the landing gear fully re-
portion of the takeoff roll if the air-
tracted; and
plane is in a configuration, including
(ii) With any one or more landing
any of the following, that would not
gear legs not extended.
allow a safe takeoff:
(2) Sliding on the ground, with—
(1) The wing flaps or leading edge de- (i) The landing gear fully retracted
vices are not within the approved range and with up to a 20° yaw angle; and
of takeoff positions. (ii) Any one or more landing gear
(2) Wing spoilers (except lateral con- legs not extended and with 0° yaw
trol spoilers meeting the requirements angle.
of § 25.671), speed brakes, or longitu- (c) For configurations where the en-
dinal trim devices are in a position gine nacelle is likely to come into con-
that would not allow a safe takeoff. tact with the ground, the engine pylon
(b) The warning required by para- or engine mounting must be designed
graph (a) of this section must continue so that when it fails due to overloads
until— (assuming the overloads to act pre-
(1) The configuration is changed to dominantly in the upward direction
allow a safe takeoff; and separately, predominantly in the
(2) Action is taken by the pilot to aft direction), the failure mode is not
terminate the takeoff roll; likely to cause the spillage of enough
(3) The airplane is rotated for take- fuel to constitute a fire hazard.
off; or [Amdt. 25–139, 79 FR 59430, Oct. 2, 2014]
(4) The warning is manually deacti-
vated by the pilot. § 25.723 Shock absorption tests.
(c) The means used to activate the (a) The analytical representation of
system must function properly the landing gear dynamic characteris-
throughout the ranges of takeoff tics that is used in determining the
461
§§ 25.725–25.727 14 CFR Ch. I (1–1–17 Edition)
landing loads must be validated by en- flaps in the approach position at design
ergy absorption tests. A range of tests landing weight), and
must be conducted to ensure that the (iii) Any load factor up to those spec-
analytical representation is valid for ified in § 25.345(a) for the wing-flaps ex-
the design conditions specified in tended condition.
§ 25.473. (2) Unless there are other means to
(1) The configurations subjected to decelerate the airplane in flight at this
energy absorption tests at limit design speed, the landing gear, the retracting
conditions must include at least the mechanism, and the airplane structure
design landing weight or the design (including wheel well doors) must be
takeoff weight, whichever produces the designed to withstand the flight loads
greater value of landing impact energy. occurring with the landing gear in the
(2) The test attitude of the landing extended position at any speed up to
gear unit and the application of appro- 0.67 VC.
priate drag loads during the test must (3) Landing gear doors, their oper-
simulate the airplane landing condi- ating mechanism, and their supporting
tions in a manner consistent with the structures must be designed for the
development of rational or conserv- yawing maneuvers prescribed for the
ative limit loads. airplane in addition to the conditions
(b) The landing gear may not fail in of airspeed and load factor prescribed
a test, demonstrating its reserve en- in paragraphs (a)(1) and (2) of this sec-
ergy absorption capacity, simulating a tion.
descent velocity of 12 f.p.s. at design (b) Landing gear lock. There must be
landing weight, assuming airplane lift positive means to keep the landing
not greater than airplane weight act- gear extended in flight and on the
ing during the landing impact. ground. There must be positive means
(c) In lieu of the tests prescribed in to keep the landing gear and doors in
this section, changes in previously ap- the correct retracted position in flight,
proved design weights and minor unless it can be shown that lowering of
changes in design may be substantiated the landing gear or doors, or flight
by analyses based on previous tests with the landing gear or doors ex-
conducted on the same basic landing tended, at any speed, is not hazardous.
gear system that has similar energy (c) Emergency operation. There must
absorption characteristics. be an emergency means for extending
the landing gear in the event of—
[Doc. No. 1999–5835, 66 FR 27394, May 16, 2001] (1) Any reasonably probable failure in
the normal retraction system; or
§§ 25.725–25.727 [Reserved] (2) The failure of any single source of
hydraulic, electric, or equivalent en-
§ 25.729 Retracting mechanism.
ergy supply.
(a) General. For airplanes with re- (d) Operation test. The proper func-
tractable landing gear, the following tioning of the retracting mechanism
apply: must be shown by operation tests.
(1) The landing gear retracting mech- (e) Position indicator and warning de-
anism, wheel well doors, and sup- vice. If a retractable landing gear is
porting structure, must be designed used, there must be a landing gear po-
for— sition indicator easily visible to the
(i) The loads occurring in the flight pilot or to the appropriate crew mem-
conditions when the gear is in the re- bers (as well as necessary devices to ac-
tracted position, tuate the indicator) to indicate with-
(ii) The combination of friction out ambiguity that the retractable
loads, inertia loads, brake torque loads, units and their associated doors are se-
air loads, and gyroscopic loads result- cured in the extended (or retracted) po-
ing from the wheels rotating at a pe- sition. The means must be designed as
ripheral speed equal to 1.23VSR (with follows:
the wing-flaps in take-off position at (1) If switches are used, they must be
design take-off weight), occurring dur- located and coupled to the landing gear
ing retraction and extension at any mechanical systems in a manner that
airspeed up to 1.5 VSR1 (with the wing- prevents an erroneous indication of
462
‘‘down and locked’’ if the landing gear corresponding static ground reaction
is not in a fully extended position, or of with—
‘‘up and locked’’ if the landing gear is (1) Design maximum weight; and
not in the fully retracted position. The (2) Critical center of gravity.
switches may be located where they (c) The maximum limit load rating of
are operated by the actual landing gear each wheel must equal or exceed the
locking latch or device. maximum radial limit load determined
(2) The flightcrew must be given an under the applicable ground load re-
aural warning that functions continu- quirements of this part.
ously, or is periodically repeated, if a (d) Overpressure burst prevention.
landing is attempted when the landing Means must be provided in each wheel
gear is not locked down. to prevent wheel failure and tire burst
(3) The warning must be given in suf- that may result from excessive pressur-
ficient time to allow the landing gear ization of the wheel and tire assembly.
to be locked down or a go-around to be (e) Braked wheels. Each braked wheel
made. must meet the applicable requirements
(4) There must not be a manual shut- of § 25.735.
off means readily available to the
flightcrew for the warning required by [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
paragraph (e)(2) of this section such amended by Amdt. 25–72, 55 FR 29777, July 20,
1990; Amdt. 25–107, 67 FR 20420, Apr. 24, 2002]
that it could be operated instinctively,
inadvertently, or by habitual reflexive § 25.733 Tires.
action.
(5) The system used to generate the (a) When a landing gear axle is fitted
aural warning must be designed to with a single wheel and tire assembly,
minimize false or inappropriate alerts. the wheel must be fitted with a suit-
(6) Failures of systems used to in- able tire of proper fit with a speed rat-
hibit the landing gear aural warning, ing approved by the Administrator
that would prevent the warning system that is not exceeded under critical con-
from operating, must be improbable. ditions and with a load rating approved
(7) A flightcrew alert must be pro- by the Administrator that is not ex-
vided whenever the landing gear posi- ceeded under—
tion is not consistent with the landing (1) The loads on the main wheel tire,
gear selector lever position. corresponding to the most critical
(f) Protection of equipment on landing combination of airplane weight (up to
gear and in wheel wells. Equipment that maximum weight) and center of grav-
is essential to the safe operation of the ity position, and
airplane and that is located on the (2) The loads corresponding to the
landing gear and in wheel wells must ground reactions in paragraph (b) of
be protected from the damaging effects this section, on the nose wheel tire, ex-
of— cept as provided in paragraphs (b)(2)
(1) A bursting tire; and (b)(3) of this section.
(2) A loose tire tread, unless it is (b) The applicable ground reactions
shown that a loose tire tread cannot for nose wheel tires are as follows:
cause damage. (1) The static ground reaction for the
(3) Possible wheel brake tempera- tire corresponding to the most critical
tures. combination of airplane weight (up to
maximum ramp weight) and center of
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–23, 35 FR 5676, Apr. 8, gravity position with a force of 1.0g
1970; Amdt. 25–42, 43 FR 2323, Jan. 16, 1978; acting downward at the center of grav-
Amdt. 25–72, 55 FR 29777, July 20, 1990; Amdt. ity. This load may not exceed the load
25–75, 56 FR 63762, Dec. 5, 1991; Amdt. 25–136, rating of the tire.
77 FR 1617, Jan. 11, 2012] (2) The ground reaction of the tire
corresponding to the most critical
§ 25.731 Wheels. combination of airplane weight (up to
(a) Each main and nose wheel must maximum landing weight) and center
be approved. of gravity position combined with

(b) The maximum static load rating forces of 1.0g downward and 0.31g for-
of each wheel may not be less than the ward acting at the center of gravity.
463
§ 25.735 14 CFR Ch. I (1–1–17 Edition)
The reactions in this case must be dis- shown that the tire liner material will
tributed to the nose and main wheels not produce a volatile gas when heated
by the principles of statics with a drag or that means are provided to prevent
reaction equal to 0.31 times the tire temperatures from reaching unsafe
vertical load at each wheel with brakes levels.
capable of producing this ground reac-
[Amdt. 25–48, 44 FR 68752, Nov. 29, 1979; Amdt.
tion. This nose tire load may not ex- 25–72, 55 FR 29777, July 20, 1990, as amended
ceed 1.5 times the load rating of the by Amdt. 25–78, 58 FR 11781, Feb. 26, 1993]
tire.
(3) The ground reaction of the tire § 25.735 Brakes and braking systems.
corresponding to the most critical
(a) Approval. Each assembly con-
combination of airplane weight (up to
sisting of a wheel(s) and brake(s) must
maximum ramp weight) and center of
be approved.
gravity position combined with forces
(b) Brake system capability. The brake
of 1.0g downward and 0.20g forward act-
system, associated systems and compo-
ing at the center of gravity. The reac-
nents must be designed and con-
tions in this case must be distributed
structed so that:
to the nose and main wheels by the
principles of statics with a drag reac- (1) If any electrical, pneumatic, hy-
tion equal to 0.20 times the vertical draulic, or mechanical connecting or
load at each wheel with brakes capable transmitting element fails, or if any
of producing this ground reaction. This single source of hydraulic or other
nose tire load may not exceed 1.5 times brake operating energy supply is lost,
the load rating of the tire. it is possible to bring the airplane to
(c) When a landing gear axle is fitted rest with a braked roll stopping dis-
with more than one wheel and tire as- tance of not more than two times that
sembly, such as dual or dual-tandem, obtained in determining the landing
each wheel must be fitted with a suit- distance as prescribed in § 25.125.
able tire of proper fit with a speed rat- (2) Fluid lost from a brake hydraulic
ing approved by the Administrator system following a failure in, or in the
that is not exceeded under critical con- vicinity of, the brakes is insufficient to
ditions, and with a load rating ap- cause or support a hazardous fire on
proved by the Administrator that is the ground or in flight.
not exceeded by— (c) Brake controls. The brake controls
(1) The loads on each main wheel must be designed and constructed so
tire, corresponding to the most critical that:
combination of airplane weight (up to (1) Excessive control force is not re-
maximum weight) and center of grav- quired for their operation.
ity position, when multiplied by a fac- (2) If an automatic braking system is
tor of 1.07; and installed, means are provided to:
(2) Loads specified in paragraphs (i) Arm and disarm the system, and
(a)(2), (b)(1), (b)(2), and (b)(3) of this (ii) Allow the pilot(s) to override the
section on each nose wheel tire. system by use of manual braking.
(d) Each tire installed on a retract- (d) Parking brake. The airplane must
able landing gear system must, at the have a parking brake control that,
maximum size of the tire type expected when selected on, will, without further
in service, have a clearance to sur- attention, prevent the airplane from
rounding structure and systems that is rolling on a dry and level paved runway
adequate to prevent unintended con- when the most adverse combination of
tact between the tire and any part of maximum thrust on one engine and up
the structure or systems. to maximum ground idle thrust on any,
(e) For an airplane with a maximum or all, other engine(s) is applied. The
certificated takeoff weight of more control must be suitably located or be
than 75,000 pounds, tires mounted on adequately protected to prevent inad-
braked wheels must be inflated with vertent operation. There must be indi-
dry nitrogen or other gases shown to be cation in the cockpit when the parking
inert so that the gas mixture in the brake is not fully released.
tire does not contain oxygen in excess (e) Antiskid system. If an antiskid sys-
of 5 percent by volume, unless it can be tem is installed:
464
(1) It must operate satisfactorily over (g) Brake condition after high kinetic
the range of expected runway condi- energy dynamometer stop(s). Following
tions, without external adjustment. the high kinetic energy stop dem-
(2) It must, at all times, have pri- onstration(s) required by paragraph (f)
ority over the automatic braking sys- of this section, with the parking brake
tem, if installed. promptly and fully applied for at least
(f) Kinetic energy capacity—(1) Design 3 minutes, it must be demonstrated
landing stop. The design landing stop is that for at least 5 minutes from appli-
an operational landing stop at max- cation of the parking brake, no condi-
imum landing weight. The design land- tion occurs (or has occurred during the
ing stop brake kinetic energy absorp- stop), including fire associated with
tion requirement of each wheel, brake,
the tire or wheel and brake assembly,
and tire assembly must be determined.
that could prejudice the safe and com-
It must be substantiated by dynamom-
eter testing that the wheel, brake and plete evacuation of the airplane.
tire assembly is capable of absorbing (h) Stored energy systems. An indica-
not less than this level of kinetic en- tion to the flightcrew of the usable
ergy throughout the defined wear stored energy must be provided if a
range of the brake. The energy absorp- stored energy system is used to show
tion rate derived from the airplane compliance with paragraph (b)(1) of
manufacturer’s braking requirements this section. The available stored en-
must be achieved. The mean decelera- ergy must be sufficient for:
tion must not be less than 10 fps 2. (1) At least 6 full applications of the
(2) Maximum kinetic energy accelerate- brakes when an antiskid system is not
stop. The maximum kinetic energy ac- operating; and
celerate-stop is a rejected takeoff for (2) Bringing the airplane to a com-
the most critical combination of air- plete stop when an antiskid system is
plane takeoff weight and speed. The ac- operating, under all runway surface
celerate-stop brake kinetic energy ab- conditions for which the airplane is
sorption requirement of each wheel, certificated.
brake, and tire assembly must be de-
(i) Brake wear indicators. Means must
termined. It must be substantiated by
be provided for each brake assembly to
dynamometer testing that the wheel,
indicate when the heat sink is worn to
brake, and tire assembly is capable of
absorbing not less than this level of ki- the permissible limit. The means must
netic energy throughout the defined be reliable and readily visible.
wear range of the brake. The energy (j) Overtemperature burst prevention.
absorption rate derived from the air- Means must be provided in each braked
plane manufacturer’s braking require- wheel to prevent a wheel failure, a tire
ments must be achieved. The mean de- burst, or both, that may result from
celeration must not be less than 6 fps2. elevated brake temperatures. Addition-
(3) Most severe landing stop. The most ally, all wheels must meet the require-
severe landing stop is a stop at the ments of § 25.731(d).
most critical combination of airplane (k) Compatibility. Compatibility of
landing weight and speed. The most se- the wheel and brake assemblies with
vere landing stop brake kinetic energy the airplane and its systems must be
absorption requirement of each wheel, substantiated.
brake, and tire assembly must be de-
termined. It must be substantiated by [Doc. No. FAA–1999–6063, 67 FR 20420, Apr. 24,
dynamometer testing that, at the de- 2002, as amended by Amdt. 25–108, 67 FR
70827, Nov. 26, 2002; 68 FR 1955, Jan. 15, 2003]
clared fully worn limit(s) of the brake
heat sink, the wheel, brake and tire as- § 25.737 Skis.
sembly is capable of absorbing not less
than this level of kinetic energy. The Each ski must be approved. The max-
most severe landing stop need not be imum limit load rating of each ski
considered for extremely improbable must equal or exceed the maximum
failure conditions or if the maximum limit load determined under the appli-
kinetic energy accelerate-stop energy cable ground load requirements of this
is more severe. part.
465
§ 25.751 14 CFR Ch. I (1–1–17 Edition)
FLOATS AND HULLS rain or snow, it will not leak in a man-

ner that will distract the crew or harm
§ 25.751 Main float buoyancy. the structure.
Each main float must have— (e) Vibration and noise characteris-
(a) A buoyancy of 80 percent in excess tics of cockpit equipment may not
of that required to support the max- interfere with safe operation of the air-
imum weight of the seaplane or am- plane.
phibian in fresh water; and
(b) Not less than five watertight com- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
partments approximately equal in vol-
1965]
ume.
§ 25.753 Main float design. § 25.772 Pilot compartment doors.
Each main float must be approved For an airplane that has a lockable
and must meet the requirements of door installed between the pilot com-
§ 25.521. partment and the passenger compart-
ment:
§ 25.755 Hulls. (a) For airplanes with a maximum
(a) Each hull must have enough wa- passenger seating configuration of
tertight compartments so that, with more than 20 seats, the emergency exit
any two adjacent compartments flood- configuration must be designed so that
ed, the buoyancy of the hull and auxil- neither crewmembers nor passengers
iary floats (and wheel tires, if used) require use of the flightdeck door in
provides a margin of positive stability order to reach the emergency exits pro-
great enough to minimize the prob- vided for them; and
ability of capsizing in rough, fresh (b) Means must be provided to enable
water. flight crewmembers to directly enter
(b) Bulkheads with watertight doors the passenger compartment from the
may be used for communication be- pilot compartment if the cockpit door
tween compartments. becomes jammed.
(c) There must be an emergency
PERSONNEL AND CARGO means to enable a flight attendant to
ACCOMMODATIONS enter the pilot compartment in the
event that the flightcrew becomes in-
§ 25.771 Pilot compartment.
capacitated.
(a) Each pilot compartment and its
equipment must allow the minimum [Doc. No. 24344, 55 FR 29777, July 20, 1990, as
flight crew (established under § 25.1523) amended by Amdt. 25–106, 67 FR 2127, Jan. 15,
2002]
to perform their duties without unrea-
sonable concentration or fatigue. § 25.773 Pilot compartment view.
(b) The primary controls listed in
§ 25.779(a), excluding cables and control (a) Nonprecipitation conditions. For
rods, must be located with respect to nonprecipitation conditions, the fol-
the propellers so that no member of the lowing apply:
minimum flight crew (established (1) Each pilot compartment must be
under § 25.1523), or part of the controls, arranged to give the pilots a suffi-
lies in the region between the plane of ciently extensive, clear, and undis-
rotation of any inboard propeller and torted view, to enable them to safely
the surface generated by a line passing perform any maneuvers within the op-
through the center of the propeller hub erating limitations of the airplane, in-
making an angle of five degrees for- cluding taxiing takeoff, approach, and
ward or aft of the plane of rotation of landing.
the propeller. (2) Each pilot compartment must be
(c) If provision is made for a second free of glare and reflection that could
pilot, the airplane must be controllable interfere with the normal duties of the
with equal safety from either pilot minimum flight crew (established
seat. under § 25.1523). This must be shown in

(d) The pilot compartment must be day and night flight tests under non-
constructed so that, when flying in precipitation conditions.
466
(b) Precipitation conditions. For pre- (i) Any system failure or combina-
cipitation conditions, the following tion of failures which is not extremely
apply: improbable, in accordance with
(1) The airplane must have a means § 25.1309, under the precipitation condi-
to maintain a clear portion of the tions specified in paragraph (b)(1) of
windshield, during precipitation condi- this section.
tions, sufficient for both pilots to have (ii) An encounter with severe hail,
a sufficiently extensive view along the birds, or insects.
flight path in normal flight attitudes (c) Internal windshield and window
of the airplane. This means must be de- fogging. The airplane must have a
signed to function, without continuous means to prevent fogging of the inter-
attention on the part of the crew, in— nal portions of the windshield and win-
(i) Heavy rain at speeds up to 1.5 VSR1 dow panels over an area which would
with lift and drag devices retracted; provide the visibility specified in para-
and graph (a) of this section under all in-
(ii) The icing conditions specified in ternal and external ambient condi-
Appendix C of this part and the fol- tions, including precipitation condi-
lowing icing conditions specified in Ap- tions, in which the airplane is intended
pendix O of this part, if certification to be operated.
for flight in icing conditions is sought: (d) Fixed markers or other guides
(A) For airplanes certificated in ac- must be installed at each pilot station
cordance with § 25.1420(a)(1), the icing to enable the pilots to position them-
conditions that the airplane is certified selves in their seats for an optimum
to safely exit following detection. combination of outside visibility and
(B) For airplanes certificated in ac- instrument scan. If lighted markers or
cordance with § 25.1420(a)(2), the icing guides are used they must comply with
conditions that the airplane is certified the requirements specified in § 25.1381.
to safely operate in and the icing con-
ditions that the airplane is certified to [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
safely exit following detection. amended by Amdt. 25–23, 35 FR 5676, Apr. 8,
(C) For airplanes certificated in ac- 1970; Amdt. 25–46, 43 FR 50595, Oct. 30, 1978;
Amdt. 25–72, 55 FR 29778, July 20, 1990; Amdt.
cordance with § 25.1420(a)(3) and for air-
25–108, 67 FR 70827, Nov. 26, 2002; Amdt. 25–
planes not subject to § 25.1420, all icing 121, 72 FR 44669, Aug. 8, 2007; Amdt. 25–136, 77
conditions. FR 1618, Jan. 11, 2012; Amdt. 25–140, 79 FR
(2) No single failure of the systems 65525, Nov. 4, 2014]
used to provide the view required by
paragraph (b)(1) of this section must
13, 2016, § 25.773 was amended by adding para-
cause the loss of that view by both pi- graph (e), effective Mar. 13, 2017. For the con-
lots in the specified precipitation convenience of the user, the added text is set
ditions. forth as follows:
(3) The first pilot must have a win-
dow that— § 25.773 Pilot compartment view.
(i) Is openable under the conditions
prescribed in paragraph (b)(1) of this * * * * *
section when the cabin is not pressur- (e) Vision systems with transparent displays.
ized; A vision system with a transparent display
(ii) Provides the view specified in surface located in the pilot’s outside field of
paragraph (b)(1) of this section; and view, such as a head up-display, head mount-
(iii) Provides sufficient protection ed display, or other equivalent display, must
from the elements against impairment meet the following requirements in non-
of the pilot’s vision. precipitation and precipitation conditions:
(4) The openable window specified in (1) While the vision system display is in op-
eration, it must compensate for interference
paragraph (b)(3) of this section need with the pilot’s outside field of view such
not be provided if it is shown that an that the combination of what is visible in
area of the transparent surface will re-
the display and what remains visible through

main clear sufficient for at least one and around it, enables the pilot to perform
pilot to land the airplane safely in the the maneuvers and normal duties of para-
event of— graph (a) of this section.
467
§ 25.775 14 CFR Ch. I (1–1–17 Edition)
(2) The pilot’s view of the external scene panels must be capable of withstanding
may not be distorted by the transparent dis- the maximum cabin pressure differen-
play surface or by the vision system im- tial loads combined with critical aero-
agery. When the vision system displays im-
agery or any symbology that is referenced to dynamic pressure and temperature ef-
the imagery and outside scene topography, fects after any single failure in the in-
including attitude symbology, flight path stallation or associated systems. It
vector, and flight path angle reference cue, may be assumed that, after a single
that imagery and symbology must be aligned failure that is obvious to the flight
with, and scaled to, the external scene. crew (established under § 25.1523), the
(3) The vision system must provide a cabin pressure differential is reduced
means to allow the pilot using the display to
immediately deactivate and reactivate the from the maximum, in accordance with
vision system imagery, on demand, without appropriate operating limitations, to
removing the pilot’s hands from the primary allow continued safe flight of the air-
flight controls or thrust controls. plane with a cabin pressure altitude of
(4) When the vision system is not in oper- not more than 15,000 feet.
ation it may not restrict the pilot from per- (e) The windshield panels in front of
forming the maneuvers specified in para-
graph (a)(1) of this section or the pilot com-
the pilots must be arranged so that, as-
partment from meeting the provisions of suming the loss of vision through any
paragraph (a)(2) of this section. one panel, one or more panels remain
available for use by a pilot seated at a
§ 25.775 Windshields and windows. pilot station to permit continued safe
(a) Internal panes must be made of flight and landing.
nonsplintering material. [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
(b) Windshield panes directly in front amended by Amdt. 25–23, 35 FR 5676, Apr. 8,
of the pilots in the normal conduct of 1970; Amdt. 25–38, 41 FR 55466, Dec. 20, 1976]
their duties, and the supporting struc-
tures for these panes, must withstand, § 25.777 Cockpit controls.
without penetration, the impact of a
(a) Each cockpit control must be lo-
four-pound bird when the velocity of
cated to provide convenient operation
the airplane (relative to the bird along
and to prevent confusion and inad-
the airplane’s flight path) is equal to
vertent operation.
the value of VC, at sea level, selected
under § 25.335(a). (b) The direction of movement of
(c) Unless it can be shown by analysis cockpit controls must meet the re-
or tests that the probability of occur- quirements of § 25.779. Wherever prac-
rence of a critical windshield frag- ticable, the sense of motion involved in
mentation condition is of a low order, the operation of other controls must
the airplane must have a means to correspond to the sense of the effect of
minimize the danger to the pilots from the operation upon the airplane or
flying windshield fragments due to bird upon the part operated. Controls of a
impact. This must be shown for each variable nature using a rotary motion
transparent pane in the cockpit that— must move clockwise from the off posi-
(1) Appears in the front view of the tion, through an increasing range, to
airplane; the full on position.
(2) Is inclined 15 degrees or more to (c) The controls must be located and
the longitudinal axis of the airplane; arranged, with respect to the pilots’
and seats, so that there is full and unre-
(3) Has any part of the pane located stricted movement of each control
where its fragmentation will constitute without interference from the cockpit
a hazard to the pilots. structure or the clothing of the min-
(d) The design of windshields and imum flight crew (established under
windows in pressurized airplanes must § 25.1523) when any member of this
be based on factors peculiar to high al- flight crew, from 5′2″ to 6′3″ in height,
titude operation, including the effects is seated with the seat belt and shoul-
of continuous and cyclic pressurization der harness (if provided) fastened.
loadings, the inherent characteristics (d) Identical powerplant controls for
of the material used, and the effects of each engine must be located to prevent
temperatures and temperature dif- confusion as to the engines they con-
ferentials. The windshield and window trol.
468
(e) Wing flap controls and other aux- Controls Motion and effect
iliary lift device controls must be lo-
Aileron ......................... Right (clockwise) for right wing
cated on top of the pedestal, aft of the down.
throttles, centrally or to the right of Elevator ....................... Rearward for nose up.
the pedestal centerline, and not less Rudder ......................... Right pedal forward for nose right.
than 10 inches aft of the landing gear
control. (2) Secondary.
(f) The landing gear control must be
Controls Motion and effect
located forward of the throttles and
must be operable by each pilot when Flaps (or auxiliary lift Forward for flaps up; rearward for
seated with seat belt and shoulder har- devices). flaps down.
ness (if provided) fastened. Trim tabs (or equiva- Rotate to produce similar rotation of
lent). the airplane about an axis parallel
(g) Control knobs must be shaped in to the axis of the control.
accordance with § 25.781. In addition,
the knobs must be of the same color, (b) Powerplant and auxiliary con-
and this color must contrast with the trols:
color of control knobs for other pur- (1) Powerplant.
poses and the surrounding cockpit.
(h) If a flight engineer is required as Controls Motion and effect
part of the minimum flight crew (es-
Power or thrust ............ Forward to increase forward thrust
tablished under § 25.1523), the airplane and rearward to increase rear-
must have a flight engineer station lo- ward thrust.
cated and arranged so that the flight Propellers .................... Forward to increase rpm.
crewmembers can perform their func- Mixture ......................... Forward or upward for rich.
tions efficiently and without inter- Carburetor air heat ...... Forward or upward for cold.
Supercharger ............... Forward or upward for low blower.
fering with each other. For turbosuperchargers, forward,
upward, or clockwise, to increase
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
pressure.
1978]
(2) Auxiliary.
§ 25.779 Motion and effect of cockpit
Controls Motion and effect
controls.
Cockpit controls must be designed so Landing gear ............... Down to extend.
that they operate in accordance with
the following movement and actuation: [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
(a) Aerodynamic controls: amended by Amdt. 25–72, 55 FR 29778, July 20,
(1) Primary. 1990]
§ 25.781 Cockpit control knob shape.

Cockpit control knobs must conform to the general shapes (but not necessarily
the exact sizes or specific proportions) in the following figure:
469
§ 25.783 14 CFR Ch. I (1–1–17 Edition)
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as amended by Amdt. 25–72, 55 FR 29779, July 20, 1990]
§ 25.783 Fuselage doors. tion as a secondary bulkhead under the

prescribed failure conditions of part 25.
(a) General. This section applies to fu-
These doors must meet the require-
selage doors, which includes all doors, ments of this section, taking into ac-
hatches, openable windows, access pan- count both pressurized and unpres-
els, covers, etc., on the exterior of the surized flight, and must be designed as
fuselage that do not require the use of follows:
tools to open or close. This also applies (1) Each door must have means to
to each door or hatch through a pres- safeguard against opening in flight as a

sure bulkhead, including any bulkhead result of mechanical failure, or failure
that is specifically designed to func- of any single structural element.
470
EC28SE91.048</GPH>
(2) Each door that could be a hazard cated pressurization prevention means
if it unlatches must be designed so that if, from every possible position of the
unlatching during pressurized and un- door, it will remain open to the extent
pressurized flight from the fully closed, that it prevents pressurization or safe-
latched, and locked condition is ex- ly close and latch as pressurization
tremely improbable. This must be takes place. This must also be shown
shown by safety analysis. with any single failure and malfunc-
(3) Each element of each door oper- tion, except that—
ating system must be designed or, (i) With failures or malfunctions in
where impracticable, distinctively and the latching mechanism, it need not
permanently marked, to minimize the latch after closing; and
probability of incorrect assembly and (ii) With jamming as a result of me-
adjustment that could result in a mal- chanical failure or blocking debris, the
function. door need not close and latch if it can
(4) All sources of power that could be shown that the pressurization loads
initiate unlocking or unlatching of any on the jammed door or mechanism
door must be automatically isolated would not result in an unsafe condi-
from the latching and locking systems tion.
prior to flight and it must not be pos- (d) Latching and locking. The latching
sible to restore power to the door dur- and locking mechanisms must be de-
ing flight. signed as follows:
(5) Each removable bolt, screw, nut, (1) There must be a provision to latch
pin, or other removable fastener must each door.
meet the locking requirements of
(2) The latches and their operating
§ 25.607.
mechanism must be designed so that,
(6) Certain doors, as specified by
under all airplane flight and ground
§ 25.807(h), must also meet the applica-
loading conditions, with the door
ble requirements of §§ 25.809 through
latched, there is no force or torque
25.812 for emergency exits.
tending to unlatch the latches. In addi-
(b) Opening by persons. There must be
tion, the latching system must include
a means to safeguard each door against
a means to secure the latches in the
opening during flight due to inad-
latched position. This means must be
vertent action by persons. In addition,
independent of the locking system.
design precautions must be taken to
minimize the possibility for a person to (3) Each door subject to pressuriza-
open a door intentionally during flight. tion, and for which the initial opening
If these precautions include the use of movement is not inward, must—
auxiliary devices, those devices and (i) Have an individual lock for each
their controlling systems must be de- latch;
signed so that— (ii) Have the lock located as close as
(1) No single failure will prevent practicable to the latch; and
more than one exit from being opened; (iii) Be designed so that, during pres-
and surized flight, no single failure in the
(2) Failures that would prevent open- locking system would prevent the
ing of the exit after landing are im- locks from restraining the latches nec-
probable. essary to secure the door.
(c) Pressurization prevention means. (4) Each door for which the initial
There must be a provision to prevent opening movement is inward, and
pressurization of the airplane to an un- unlatching of the door could result in a
safe level if any door subject to pres- hazard, must have a locking means to
surization is not fully closed, latched, prevent the latches from becoming dis-
and locked. engaged. The locking means must en-
(1) The provision must be designed to sure sufficient latching to prevent
function after any single failure, or opening of the door even with a single
after any combination of failures not failure of the latching mechanism.
shown to be extremely improbable. (5) It must not be possible to position
(2) Doors that meet the conditions the lock in the locked position if the
described in paragraph (h) of this sec- latch and the latching mechanism are
tion are not required to have a dedi- not in the latched position.
471
§ 25.783 14 CFR Ch. I (1–1–17 Edition)
(6) It must not be possible to unlatch lighting conditions, or by means of a

the latches with the locks in the flashlight or equivalent light source.
locked position. Locks must be de- (g) Certain maintenance doors, remov-
signed to withstand the limit loads re- able emergency exits, and access panels.
sulting from— Some doors not normally opened ex-
(i) The maximum operator effort cept for maintenance purposes or emer-
when the latches are operated manu- gency evacuation and some access pan-
ally; els need not comply with certain para-
(ii) The powered latch actuators, if graphs of this section as follows:
installed; and (1) Access panels that are not subject
(iii) The relative motion between the to cabin pressurization and would not
latch and the structural counterpart. be a hazard if open during flight need
(7) Each door for which unlatching not comply with paragraphs (a)
would not result in a hazard is not re- through (f) of this section, but must
quired to have a locking mechanism have a means to prevent inadvertent
meeting the requirements of para- opening during flight.
graphs (d)(3) through (d)(6) of this sec- (2) Inward-opening removable emer-
tion. gency exits that are not normally re-
(e) Warning, caution, and advisory in- moved, except for maintenance pur-
dications. Doors must be provided with poses or emergency evacuation, and
the following indications: flight deck-openable windows need not
(1) There must be a positive means to comply with paragraphs (c) and (f) of
indicate at each door operator’s station this section.
that all required operations to close, (3) Maintenance doors that meet the
latch, and lock the door(s) have been conditions of paragraph (h) of this sec-
completed. tion, and for which a placard is pro-
(2) There must be a positive means vided limiting use to maintenance ac-
clearly visible from each operator sta- cess, need not comply with paragraphs
tion for any door that could be a haz- (c) and (f) of this section.
ard if unlatched to indicate if the door (h) Doors that are not a hazard. For
is not fully closed, latched, and locked. the purposes of this section, a door is
(3) There must be a visual means on considered not to be a hazard in the un-
the flight deck to signal the pilots if latched condition during flight, pro-
any door is not fully closed, latched, vided it can be shown to meet all of the
and locked. The means must be de- following conditions:
signed such that any failure or com- (1) Doors in pressurized compart-
bination of failures that would result ments would remain in the fully closed
in an erroneous closed, latched, and position if not restrained by the
locked indication is improbable for— latches when subject to a pressure
(i) Each door that is subject to pres- greater than 1⁄2 psi. Opening by persons,
surization and for which the initial either inadvertently or intentionally,
opening movement is not inward; or need not be considered in making this
(ii) Each door that could be a hazard determination.
if unlatched. (2) The door would remain inside the
(4) There must be an aural warning airplane or remain attached to the air-
to the pilots prior to or during the ini- plane if it opens either in pressurized
tial portion of takeoff roll if any door or unpressurized portions of the flight.
is not fully closed, latched, and locked, This determination must include the
and its opening would prevent a safe consideration of inadvertent and inten-
takeoff and return to landing. tional opening by persons during either
(f) Visual inspection provision. Each pressurized or unpressurized portions
door for which unlatching of the door of the flight.
could be a hazard must have a provi- (3) The disengagement of the latches
sion for direct visual inspection to de- during flight would not allow depres-
termine, without ambiguity, if the surization of the cabin to an unsafe
door is fully closed, latched, and level. This safety assessment must in-
locked. The provision must be perma- clude the physiological effects on the
nent and discernible under operational occupants.
472
(4) The open door during flight would (e) Each berth must be designed so
not create aerodynamic interference that the forward part has a padded end
that could preclude safe flight and board, canvas diaphragm, or equivalent
landing. means, that can withstand the static
(5) The airplane would meet the load reaction of the occupant when
structural design requirements with subjected to the forward inertia force
the door open. This assessment must specified in § 25.561. Berths must be free
include the aeroelastic stability re- from corners and protuberances likely
quirements of § 25.629, as well as the to cause injury to a person occupying
strength requirements of subpart C of the berth during emergency conditions.
this part. (f) Each seat or berth, and its sup-
(6) The unlatching or opening of the porting structure, and each safety belt
door must not preclude safe flight and or harness and its anchorage must be
landing as a result of interaction with designed for an occupant weight of 170
other systems or structures. pounds, considering the maximum load
[Doc. No. 2003–14193, 69 FR 24501, May 3, 2004] factors, inertia forces, and reactions
among the occupant, seat, safety belt,
§ 25.785 Seats, berths, safety belts, and and harness for each relevant flight
harnesses. and ground load condition (including
(a) A seat (or berth for a nonambu- the emergency landing conditions pre-
lant person) must be provided for each scribed in § 25.561). In addition—
occupant who has reached his or her (1) The structural analysis and test-
second birthday. ing of the seats, berths, and their sup-
(b) Each seat, berth, safety belt, har- porting structures may be determined
ness, and adjacent part of the airplane by assuming that the critical load in
at each station designated as occupi- the forward, sideward, downward, up-
able during takeoff and landing must ward, and rearward directions (as de-
be designed so that a person making termined from the prescribed flight,
proper use of these facilities will not ground, and emergency landing condi-
suffer serious injury in an emergency tions) acts separately or using selected
landing as a result of the inertia forces combinations of loads if the required
specified in §§ 25.561 and 25.562. strength in each specified direction is
(c) Each seat or berth must be ap- substantiated. The forward load factor
proved. need not be applied to safety belts for
(d) Each occupant of a seat that berths.
makes more than an 18-degree angle (2) Each pilot seat must be designed
with the vertical plane containing the for the reactions resulting from the ap-
airplane centerline must be protected plication of the pilot forces prescribed
from head injury by a safety belt and in § 25.395.
an energy absorbing rest that will sup- (3) The inertia forces specified in
port the arms, shoulders, head, and § 25.561 must be multiplied by a factor
spine, or by a safety belt and shoulder of 1.33 (instead of the fitting factor pre-
harness that will prevent the head scribed in § 25.625) in determining the
from contacting any injurious object. strength of the attachment of each
Each occupant of any other seat must seat to the structure and each belt or
be protected from head injury by a harness to the seat or structure.
safety belt and, as appropriate to the (g) Each seat at a flight deck station
type, location, and angle of facing of must have a restraint system con-
each seat, by one or more of the fol- sisting of a combined safety belt and
lowing: shoulder harness with a single-point re-
(1) A shoulder harness that will pre- lease that permits the flight deck occu-
vent the head from contacting any in- pant, when seated with the restraint
jurious object. system fastened, to perform all of the
(2) The elimination of any injurious occupant’s necessary flight deck func-
object within striking radius of the tions. There must be a means to secure
head. each combined restraint system when
(3) An energy absorbing rest that will not in use to prevent interference with
support the arms, shoulders, head, and the operation of the airplane and with
spine. rapid egress in an emergency.
473
§ 25.787 14 CFR Ch. I (1–1–17 Edition)
(h) Each seat located in the pas- ducting the necessary enroute inspec-
senger compartment and designated for tion.
use during takeoff and landing by a
[Amdt. 25–72, 55 FR 29780, July 20, 1990, as
flight attendant required by the oper- amended by Amdt. 25–88, 61 FR 57956, Nov. 8,
ating rules of this chapter must be: 1996]
(1) Near a required floor level emer-
gency exit, except that another loca- § 25.787 Stowage compartments.
tion is acceptable if the emergency (a) Each compartment for the stow-
egress of passengers would be enhanced age of cargo, baggage, carry-on arti-
with that location. A flight attendant cles, and equipment (such as life rafts),
seat must be located adjacent to each and any other stowage compartment,
Type A or B emergency exit. Other must be designed for its placarded max-
flight attendant seats must be evenly imum weight of contents and for the
distributed among the required floor- critical load distribution at the appro-
level emergency exits to the extent priate maximum load factors cor-
feasible. responding to the specified flight and
(2) To the extent possible, without ground load conditions, and to those
compromising proximity to a required emergency landing conditions of
floor level emergency exit, located to § 25.561(b)(3) for which the breaking
provide a direct view of the cabin area loose of the contents of such compart-
for which the flight attendant is re- ments in the specified direction could—
sponsible. (1) Cause direct injury to occupants;
(3) Positioned so that the seat will (2) Penetrate fuel tanks or lines or
not interfere with the use of a passage- cause fire or explosion hazard by dam-
way or exit when the seat is not in use. age to adjacent systems; or
(4) Located to minimize the prob- (3) Nullify any of the escape facilities
ability that occupants would suffer in- provided for use after an emergency
jury by being struck by items dislodged landing.
from service areas, stowage compart-
ments, or service equipment. If the airplane has a passenger-seating
(5) Either forward or rearward facing configuration, excluding pilot seats, of
with an energy absorbing rest that is 10 seats or more, each stowage com-
designed to support the arms, shoul- partment in the passenger cabin, ex-
ders, head, and spine. cept for under seat and overhead com-
(6) Equipped with a restraint system partments for passenger convenience,
consisting of a combined safety belt must be completely enclosed.
and shoulder harness unit with a single (b) There must be a means to prevent
point release. There must be means to the contents in the compartments from
secure each restraint system when not becoming a hazard by shifting, under
in use to prevent interference with the loads specified in paragraph (a) of
rapid egress in an emergency. this section. For stowage compart-
(i) Each safety belt must be equipped ments in the passenger and crew cabin,
with a metal to metal latching device. if the means used is a latched door, the
(j) If the seat backs do not provide a design must take into consideration
firm handhold, there must be a hand- the wear and deterioration expected in
grip or rail along each aisle to enable service.
persons to steady themselves while (c) If cargo compartment lamps are
using the aisles in moderately rough installed, each lamp must be installed
air. so as to prevent contact between lamp
(k) Each projecting object that would bulb and cargo.
injure persons seated or moving about [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
the airplane in normal flight must be amended by Amdt. 25–32, 37 FR 3969, Feb. 24,
padded. 1972; Amdt. 25–38, 41 FR 55466, Dec. 20, 1976;
(l) Each forward observer’s seat re- Amdt. 25–51, 45 FR 7755, Feb. 4, 1980; Amdt.
quired by the operating rules must be 25–139, 79 FR 59430, Oct. 2, 2014]
shown to be suitable for use in con-
474
§ 25.789 Retention of items of mass in (e) Symbols that clearly express the
passenger and crew compartments intent of the sign or placard may be
and galleys. used in lieu of letters.
(a) Means must be provided to pre- [Amdt. 25–72, 55 FR 29780, July 20, 1990]
vent each item of mass (that is part of
the airplane type design) in a passenger § 25.793 Floor surfaces.
or crew compartment or galley from The floor surface of all areas which
becoming a hazard by shifting under are likely to become wet in service
the appropriate maximum load factors must have slip resistant properties.
corresponding to the specified flight
and ground load conditions, and to the [Amdt. 25–51, 45 FR 7755, Feb. 4, 1980]
emergency landing conditions of
§ 25.561(b). § 25.795 Security considerations.
(b) Each interphone restraint system (a) Protection of flightcrew compart-
must be designed so that when sub- ment. If a flightdeck door is required by
jected to the load factors specified in operating rules:
§ 25.561(b)(3), the interphone will re- (1) The bulkhead, door, and any other
main in its stowed position. accessible boundary separating the
flightcrew compartment from occupied
[Amdt. 25–32, 37 FR 3969, Feb. 24, 1972, as
areas must be designed to resist forc-
1978]
ible intrusion by unauthorized persons
and be capable of withstanding impacts
§ 25.791 Passenger information signs of 300 joules (221.3 foot pounds).
and placards. (2) The bulkhead, door, and any other
accessible boundary separating the
(a) If smoking is to be prohibited,
flightcrew compartment from occupied
there must be at least one placard so areas must be designed to resist a con-
stating that is legible to each person stant 250 pound (1,113 Newtons) tensile
seated in the cabin. If smoking is to be load on accessible handholds, including
allowed, and if the crew compartment the doorknob or handle.
is separated from the passenger com- (3) The bulkhead, door, and any other
partment, there must be at least one boundary separating the flightcrew
sign notifying when smoking is prohib- compartment from any occupied areas
ited. Signs which notify when smoking must be designed to resist penetration
is prohibited must be operable by a by small arms fire and fragmentation
member of the flightcrew and, when il- devices to a level equivalent to level
luminated, must be legible under all IIIa of the National Institute of Justice
probable conditions of cabin illumina- (NIJ) Standard 0101.04.
tion to each person seated in the cabin. (b) Airplanes with a maximum cer-
(b) Signs that notify when seat belts tificated passenger seating capacity of
should be fastened and that are in- more than 60 persons or a maximum
stalled to comply with the operating certificated takeoff gross weight of
rules of this chapter must be operable over 100,000 pounds (45,359 Kilograms)
by a member of the flightcrew and, must be designed to limit the effects of
when illuminated, must be legible an explosive or incendiary device as
under all probable conditions of cabin follows:
illumination to each person seated in (1) Flightdeck smoke protection. Means
the cabin. must be provided to limit entry of
(c) A placard must be located on or smoke, fumes, and noxious gases into
adjacent to the door of each receptacle the flightdeck.
used for the disposal of flammable (2) Passenger cabin smoke protection.
waste materials to indicate that use of Means must be provided to prevent pas-
the receptacle for disposal of ciga- senger incapacitation in the cabin re-
rettes, etc., is prohibited. sulting from smoke, fumes, and nox-
(d) Lavatories must have ‘‘No Smok- ious gases as represented by the initial
ing’’ or ‘‘No Smoking in Lavatory’’ combined volumetric concentrations of

placards conspicuously located on or 0.59% carbon monoxide and 1.23% car-
adjacent to each side of the entry door. bon dioxide.
475
§ 25.795 14 CFR Ch. I (1–1–17 Edition)
(3) Cargo compartment fire suppression. limited by the forward bulkhead and
An extinguishing agent must be capa- the aft bulkhead of the passenger cabin
ble of suppressing a fire. All cargo- and cargo compartment beyond which
compartment fire suppression systems only one-half the sphere is applied.
must be designed to withstand the fol- (ii) Where compliance with paragraph
lowing effects, including support struc- (c)(2)(i) of this section is impracticable,
ture displacements or adjacent mate- other design precautions must be taken
rials displacing against the distribu- to maximize the survivability of those
tion system: systems.
(i) Impact or damage from a 0.5-inch (3) Interior design to facilitate searches.
diameter aluminum sphere traveling at Design features must be incorporated
430 feet per second (131.1 meters per that will deter concealment or promote
second); discovery of weapons, explosives, or
(ii) A 15-pound per square-inch (103.4 other objects from a simple inspection
kPa) pressure load if the projected sur- in the following areas of the airplane
face area of the component is greater cabin:
than 4 square feet. Any single dimen-
(i) Areas above the overhead bins
sion greater than 4 feet (1.22 meters)
must be designed to prevent objects
may be assumed to be 4 feet (1.22 me-
from being hidden from view in a sim-
ters) in length; and
ple search from the aisle. Designs that
(iii) A 6-inch (0.152 meters) displace-
prevent concealment of objects with
ment, except where limited by the fu-
volumes 20 cubic inches and greater
selage contour, from a single point
satisfy this requirement.
force applied anywhere along the dis-
tribution system where relative move- (ii) Toilets must be designed to pre-
ment between the system and its at- vent the passage of solid objects great-
tachment can occur. er than 2.0 inches in diameter.
(iv) Paragraphs (b)(3)(i) through (iii) (iii) Life preservers or their storage
of this section do not apply to compo- locations must be designed so that
nents that are redundant and separated tampering is evident.
in accordance with paragraph (c)(2) of (d) Each chemical oxygen generator
this section or are installed remotely or its installation must be designed to
from the cargo compartment. be secure from deliberate manipulation
(c) An airplane with a maximum cer- by one of the following:
tificated passenger seating capacity of (1) By providing effective resistance
more than 60 persons or a maximum to tampering,
certificated takeoff gross weight of (2) By providing an effective com-
over 100,000 pounds (45,359 Kilograms) bination of resistance to tampering and
must comply with the following: active tamper-evident features,
(1) Least risk bomb location. An air- (3) By installation in a location or
plane must be designed with a des- manner whereby any attempt to access
ignated location where a bomb or other the generator would be immediately
explosive device could be placed to best obvious, or
protect flight-critical structures and (4) By a combination of approaches
systems from damage in the case of specified in paragraphs (d)(1), (d)(2) and
detonation. (d)(3) of this section that the Adminis-
(2) Survivability of systems. (i) Except trator finds provides a secure installa-
where impracticable, redundant air- tion.
plane systems necessary for continued (e) Exceptions. Airplanes used solely
safe flight and landing must be phys- to transport cargo only need to meet
ically separated, at a minimum, by an the requirements of paragraphs (b)(1),
amount equal to a sphere of diameter (b)(3), and (c)(2) of this section.
(f) Material Incorporated by Reference.
D=2 ( H 0 /π ) You must use National Institute of
Justice (NIJ) Standard 0101.04, Ballistic
(where H0 is defined under § 25.365(e)(2) Resistance of Personal Body Armor,
of this part and D need not exceed 5.05 June 2001, Revision A, to establish bal-
feet (1.54 meters)). The sphere is ap- listic resistance as required by para-
plied everywhere within the fuselage— graph (a)(3) of this section.
476
ER28OC08.003</MATH>
(1) The Director of the Federal Reg- this provision is shown by buoyancy
ister approved the incorporation by ref- and trim computations, appropriate al-
erence of this document under 5 U.S.C. lowances must be made for probable
552(a) and 1 CFR part 51. structural damage and leakage. If the
(2) You may review copies of NIJ airplane has fuel tanks (with fuel jetti-
Standard 0101.04 at the: soning provisions) that can reasonably
(i) FAA Transport Airplane Direc- be expected to withstand a ditching
torate, 1601 Lind Avenue, SW., Renton, without leakage, the jettisonable vol-
Washington 98055; ume of fuel may be considered as buoy-
(ii) National Institute of Justice ancy volume.
(NIJ), http://www.ojp.usdoj.gov/nij, tele- (e) Unless the effects of the collapse
phone (202) 307–2942; or of external doors and windows are ac-
(iii) National Archives and Records counted for in the investigation of the
Administration (NARA). For informa- probable behavior of the airplane in a
tion on the availability of this mate- water landing (as prescribed in para-
rial at NARA go to http:// graphs (c) and (d) of this section), the
www.archives.gov/federallregister/ external doors and windows must be
codeloflfederallregulations/ designed to withstand the probable
ibrllocations.html or call (202) 741–6030. maximum local pressures.
(3) You may obtain copies of NIJ
Standard 0101.04 from the National [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
Criminal Justice Reference Service, amended by Amdt. 25–72, 55 FR 29781, July 20,
P.O. Box 6000, Rockville, MD 20849–6000, 1990]
telephone (800) 851–3420.
§ 25.803 Emergency evacuation.
[Amdt. 25–127; 121–341, 73 FR 63879, Oct. 28,
2008, as amended at 74 FR 22819, May 15, 2009; (a) Each crew and passenger area
Amdt. 25–138, 79 FR 13519, Mar. 11, 2014] must have emergency means to allow
rapid evacuation in crash landings,
EMERGENCY PROVISIONS with the landing gear extended as well
as with the landing gear retracted, con-
§ 25.801 Ditching. sidering the possibility of the airplane
(a) If certification with ditching pro- being on fire.
visions is requested, the airplane must (b) [Reserved]
meet the requirements of this section (c) For airplanes having a seating ca-
and §§ 25.807(e), 25.1411, and 25.1415(a). pacity of more than 44 passengers, it
(b) Each practicable design measure, must be shown that the maximum
compatible with the general character- seating capacity, including the number
istics of the airplane, must be taken to of crewmembers required by the oper-
minimize the probability that in an ating rules for which certification is
emergency landing on water, the be- requested, can be evacuated from the
havior of the airplane would cause im- airplane to the ground under simulated
mediate injury to the occupants or emergency conditions within 90 sec-
would make it impossible for them to onds. Compliance with this require-
escape. ment must be shown by actual dem-
(c) The probable behavior of the air- onstration using the test criteria out-
plane in a water landing must be inves- lined in appendix J of this part unless
tigated by model tests or by compari- the Administrator finds that a com-
son with airplanes of similar configura- bination of analysis and testing will
tion for which the ditching characteris- provide data equivalent to that which
tics are known. Scoops, flaps, projec- would be obtained by actual dem-
tions, and any other factor likely to af- onstration.
fect the hydrodynamic characteristics (d)–(e) [Reserved]
of the airplane, must be considered.
(d) It must be shown that, under rea- [Doc. No. 24344, 55 FR 29781, July 20, 1990]
sonably probable water conditions, the
flotation time and trim of the airplane § 25.807 Emergency exits.
will allow the occupants to leave the (a) Type. For the purpose of this part,
airplane and enter the liferafts re- the types of exits are defined as fol-
quired by § 25.1415. If compliance with lows:
477
§ 25.807 14 CFR Ch. I (1–1–17 Edition)
(1) Type I. This type is a floor-level (9) Type C. This type is a floor-level
exit with a rectangular opening of not exit with a rectangular opening of not
less than 24 inches wide by 48 inches less than 30 inches wide by 48 inches
high, with corner radii not greater high, with corner radii not greater
than eight inches. than 10 inches.
(2) Type II. This type is a rectangular (b) Step down distance. Step down dis-
opening of not less than 20 inches wide tance, as used in this section, means
by 44 inches high, with corner radii not the actual distance between the bot-
greater than seven inches. Type II exits tom of the required opening and a usa-
must be floor-level exits unless located ble foot hold, extending out from the
over the wing, in which case they must fuselage, that is large enough to be ef-
not have a step-up inside the airplane fective without searching by sight or
of more than 10 inches nor a step-down feel.
outside the airplane of more than 17 (c) Over-sized exits. Openings larger
inches. than those specified in this section,
(3) Type III. This type is a rectan- whether or not of rectangular shape,
gular opening of not less than 20 inches may be used if the specified rectan-
wide by 36 inches high with corner gular opening can be inscribed within
radii not greater than seven inches, the opening and the base of the in-
and with a step-up inside the airplane scribed rectangular opening meets the
of not more than 20 inches. If the exit specified step-up and step-down
is located over the wing, the step-down heights.
outside the airplane may not exceed 27 (d) Asymmetry. Exits of an exit pair
inches. need not be diametrically opposite
(4) Type IV. This type is a rectan- each other nor of the same size; how-
gular opening of not less than 19 inches ever, the number of passenger seats
wide by 26 inches high, with corner permitted under paragraph (g) of this
radii not greater than 6.3 inches, lo- section is based on the smaller of the
cated over the wing, with a step-up in- two exits.
side the airplane of not more than 29 (e) Uniformity. Exits must be distrib-
inches and a step-down outside the air- uted as uniformly as practical, taking
plane of not more than 36 inches. into account passenger seat distribu-
(5) Ventral. This type is an exit from tion.
the passenger compartment through (f) Location. (1) Each required pas-
the pressure shell and the bottom fuse- senger emergency exit must be acces-
lage skin. The dimensions and physical sible to the passengers and located
configuration of this type of exit must where it will afford the most effective
allow at least the same rate of egress means of passenger evacuation.
as a Type I exit with the airplane in (2) If only one floor-level exit per side
the normal ground attitude, with land- is prescribed, and the airplane does not
ing gear extended. have a tailcone or ventral emergency
(6) Tailcone. This type is an aft exit exit, the floor-level exits must be in
from the passenger compartment the rearward part of the passenger
through the pressure shell and through compartment unless another location
an openable cone of the fuselage aft of affords a more effective means of pas-
the pressure shell. The means of open- senger evacuation.
ing the tailcone must be simple and ob- (3) If more than one floor-level exit
vious and must employ a single oper- per side is prescribed, and the airplane
ation. does not have a combination cargo and
(7) Type A. This type is a floor-level passenger configuration, at least one
exit with a rectangular opening of not floor-level exit must be located in each
less than 42 inches wide by 72 inches side near each end of the cabin.
high, with corner radii not greater (4) For an airplane that is required to
than seven inches. have more than one passenger emer-
(8) Type B. This type is a floor-level gency exit for each side of the fuselage,
exit with a rectangular opening of not no passenger emergency exit shall be
less than 32 inches wide by 72 inches more than 60 feet from any adjacent
high, with corner radii not greater passenger emergency exit on the same
than six inches. side of the same deck of the fuselage,
478
as measured parallel to the airplane’s (8) If a Type A, Type B, or Type C

longitudinal axis between the nearest exit is installed, there must be at least
exit edges. two Type C or larger exits in each side
(g) Type and number required. The of the fuselage.
maximum number of passenger seats (9) If a passenger ventral or tailcone
permitted depends on the type and exit is installed and that exit provides
number of exits installed in each side at least the same rate of egress as a
of the fuselage. Except as further re- Type III exit with the airplane in the
stricted in paragraphs (g)(1) through most adverse exit opening condition
(g)(9) of this section, the maximum that would result from the collapse of
number of passenger seats permitted one or more legs of the landing gear, an
for each exit of a specific type installed increase in the passenger seating con-
in each side of the fuselage is as fol- figuration is permitted as follows:
lows: (i) For a ventral exit, 12 additional
Type A 110 passenger seats.
Type B 75 (ii) For a tailcone exit incorporating
Type C 55 a floor level opening of not less than 20
Type I 45 inches wide by 60 inches high, with cor-
Type II 40 ner radii not greater than seven inches,
Type III 35 in the pressure shell and incorporating
Type IV 9
an approved assist means in accordance
(1) For a passenger seating configura- with § 25.810(a), 25 additional passenger
tion of 1 to 9 seats, there must be at seats.
least one Type IV or larger overwing (iii) For a tailcone exit incorporating
exit in each side of the fuselage or, if an opening in the pressure shell which
overwing exits are not provided, at is at least equivalent to a Type III
least one exit in each side that meets emergency exit with respect to dimen-
the minimum dimensions of a Type III sions, step-up and step-down distance,
exit. and with the top of the opening not
(2) For a passenger seating configura- less than 56 inches from the passenger
tion of more than 9 seats, each exit compartment floor, 15 additional pas-
must be a Type III or larger exit. senger seats.
(3) For a passenger seating configura- (h) Other exits. The following exits
tion of 10 to 19 seats, there must be at also must meet the applicable emer-
least one Type III or larger exit in each gency exit requirements of §§ 25.809
side of the fuselage. through 25.812, and must be readily ac-
(4) For a passenger seating configura- cessible:
tion of 20 to 40 seats, there must be at (1) Each emergency exit in the pas-
least two exits, one of which must be a senger compartment in excess of the
Type II or larger exit, in each side of minimum number of required emer-
the fuselage. gency exits.
(5) For a passenger seating configura- (2) Any other floor-level door or exit
tion of 41 to 110 seats, there must be at that is accessible from the passenger
least two exits, one of which must be a compartment and is as large or larger
Type I or larger exit, in each side of than a Type II exit, but less than 46
the fuselage. inches wide.
(6) For a passenger seating configura- (3) Any other ventral or tail cone
tion of more than 110 seats, the emer- passenger exit.
gency exits in each side of the fuselage (i) Ditching emergency exits for pas-
must include at least two Type I or sengers. Whether or not ditching cer-
larger exits. tification is requested, ditching emer-
(7) The combined maximum number gency exits must be provided in accord-
of passenger seats permitted for all ance with the following requirements,
Type III exits is 70, and the combined unless the emergency exits required by
maximum number of passenger seats paragraph (g) of this section already
permitted for two Type III exits in meet them:
each side of the fuselage that are sepa- (1) For airplanes that have a pas-
rated by fewer than three passenger senger seating configuration of nine or
seat rows is 65. fewer seats, excluding pilot seats, one
479
§ 25.809 14 CFR Ch. I (1–1–17 Edition)
exit above the waterline in each side of ternal walls of the fuselage, allowing
the airplane, meeting at least the dian unobstructed opening to the out-
mensions of a Type IV exit. side. In addition, each emergency exit
(2) For airplanes that have a pas- must have means to permit viewing of
senger seating configuration of 10 of the conditions outside the exit when
more seats, excluding pilot seats, one the exit is closed. The viewing means
exit above the waterline in a side of the may be on or adjacent to the exit pro-
airplane, meeting at least the dimen- vided no obstructions exist between the
sions of a Type III exit for each unit (or exit and the viewing means. Means
part of a unit) of 35 passenger seats, must also be provided to permit view-
but no less than two such exits in the ing of the likely areas of evacuee
passenger cabin, with one on each side ground contact. The likely areas of
of the airplane. The passenger seat/ evacuee ground contact must be
exit ratio may be increased through viewable during all lighting conditions
the use of larger exits, or other means, with the landing gear extended as well
provided it is shown that the evacu- as in all conditions of landing gear col-
ation capability during ditching has lapse.
been improved accordingly. (b) Each emergency exit must be
(3) If it is impractical to locate side openable from the inside and the out-
exits above the waterline, the side side except that sliding window emer-
exits must be replaced by an equal gency exits in the flight crew area need
number of readily accessible overhead not be openable from the outside if
hatches of not less than the dimensions other approved exits are convenient
of a Type III exit, except that for air- and readily accessible to the flight
planes with a passenger configuration crew area. Each emergency exit must
of 35 or fewer seats, excluding pilot be capable of being opened, when there
seats, the two required Type III side is no fuselage deformation—
exits need be replaced by only one (1) With the airplane in the normal
overhead hatch. ground attitude and in each of the atti-
(j) Flightcrew emergency exits. For air- tudes corresponding to collapse of one
planes in which the proximity of pas- or more legs of the landing gear; and
senger emergency exits to the (2) Within 10 seconds measured from
flightcrew area does not offer a conven- the time when the opening means is ac-
ient and readily accessible means of tuated to the time when the exit is
evacuation of the flightcrew, and for fully opened.
all airplanes having a passenger seat- (3) Even though persons may be
ing capacity greater than 20, flightcrew crowded against the door on the inside
exits shall be located in the flightcrew of the airplane.
area. Such exits shall be of sufficient (c) The means of opening emergency
size and so located as to permit rapid exits must be simple and obvious; may
evacuation by the crew. One exit shall not require exceptional effort; and
be provided on each side of the air- must be arranged and marked so that
plane; or, alternatively, a top hatch it can be readily located and operated,
shall be provided. Each exit must en- even in darkness. Internal exit-opening
compass an unobstructed rectangular means involving sequence operations
opening of at least 19 by 20 inches un- (such as operation of two handles or
less satisfactory exit utility can be latches, or the release of safety
demonstrated by a typical crew- catches) may be used for flightcrew
member. emergency exits if it can be reasonably
[Amdt. 25–72, 55 FR 29781, July 20, 1990, as established that these means are sim-
amended by Amdt. 25–88, 61 FR 57956, Nov. 8, ple and obvious to crewmembers
1996; 62 FR 1817, Jan. 13, 1997; Amdt. 25–94, 63 trained in their use.
FR 8848, Feb. 23, 1998; 63 FR 12862, Mar. 16, (d) If a single power-boost or single
1998; Amdt. 25–114, 69 FR 24502, May 3, 2004] power-operated system is the primary
system for operating more than one
§ 25.809 Emergency exit arrangement. exit in an emergency, each exit must
(a) Each emergency exit, including be capable of meeting the requirements

each flightcrew emergency exit, must of paragraph (b) of this section in the
be a moveable door or hatch in the ex- event of failure of the primary system.
480
Manual operation of the exit (after the case of Type A or Type B exits, it
failure of the primary system) is ac- must be capable of carrying simulta-
ceptable. neously two parallel lines of evacuees.
(e) Each emergency exit must be In addition, the assisting means must
shown by tests, or by a combination of be designed to meet the following re-
analysis and tests, to meet the require- quirements—
ments of paragraphs (b) and (c) of this (i) It must be automatically deployed
section. and deployment must begin during the
(f) Each door must be located where interval between the time the exit
persons using them will not be endan- opening means is actuated from inside
gered by the propellers when appro- the airplane and the time the exit is
priate operating procedures are used. fully opened. However, each passenger
(g) There must be provisions to mini- emergency exit which is also a pas-
mize the probability of jamming of the senger entrance door or a service door
emergency exits resulting from fuse- must be provided with means to pre-
lage deformation in a minor crash vent deployment of the assisting means
landing.
when it is opened from either the in-
(h) When required by the operating
side or the outside under non-
rules for any large passenger-carrying
emergency conditions for normal use.
turbojet-powered airplane, each ven-
tral exit and tailcone exit must be— (ii) Except for assisting means in-
(1) Designed and constructed so that stalled at Type C exits, it must be
it cannot be opened during flight; and automatically erected within 6 seconds
(2) Marked with a placard readable after deployment is begun. Assisting
from a distance of 30 inches and in- means installed at Type C exits must
stalled at a conspicuous location near be automatically erected within 10 sec-
the means of opening the exit, stating onds from the time the opening means
that the exit has been designed and of the exit is actuated.
constructed so that it cannot be opened (iii) It must be of such length after
during flight. full deployment that the lower end is
(i) Each emergency exit must have a self-supporting on the ground and pro-
means to retain the exit in the open vides safe evacuation of occupants to
position, once the exit is opened in an the ground after collapse of one or
emergency. The means must not re- more legs of the landing gear.
quire separate action to engage when (iv) It must have the capability, in
the exit is opened, and must require 25-knot winds directed from the most
positive action to disengage. critical angle, to deploy and, with the
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as assistance of only one person, to re-
amended by Amdt. 25–15, 32 FR 13264, Sept. main usable after full deployment to
20, 1967; Amdt. 25–32, 37 FR 3970, Feb. 24, 1972; evacuate occupants safely to the
Amdt. 25–34, 37 FR 25355, Nov. 30, 1972; Amdt. ground.
25–46, 43 FR 50597, Oct. 30, 1978; Amdt. 25–47, (v) For each system installation
44 FR 61325, Oct. 25, 1979; Amdt. 25–72, 55 FR
(mockup or airplane installed), five
29782, July 20, 1990; Amdt. 25–114, 69 FR 24502,
May 3, 2004; Amdt. 25–116, 69 FR 62788, Oct. 27, consecutive deployment and inflation
2004] tests must be conducted (per exit)
without failure, and at least three tests
§ 25.810 Emergency egress assist of each such five-test series must be
means and escape routes. conducted using a single representative
(a) Each non over-wing Type A, Type sample of the device. The sample de-
B or Type C exit, and any other non vices must be deployed and inflated by
over-wing landplane emergency exit the system’s primary means after
more than 6 feet from the ground with being subjected to the inertia forces
the airplane on the ground and the specified in § 25.561(b). If any part of the
landing gear extended, must have an system fails or does not function prop-
approved means to assist the occupants erly during the required tests, the
in descending to the ground. cause of the failure or malfunction
(1) The assisting means for each pas- must be corrected by positive means
senger emergency exit must be a self- and after that, the full series of five
supporting slide or equivalent; and, in consecutive deployment and inflation
481
§ 25.811 14 CFR Ch. I (1–1–17 Edition)
tests must be conducted without fail- at which the escape route required in
ure. paragraph (c) of this section termi-
(2) The assisting means for flightcrew nates is more than 6 feet from the
emergency exits may be a rope or any ground with the airplane on the ground
other means demonstrated to be suit- and the landing gear extended, for all
able for the purpose. If the assisting other exit types.
means is a rope, or an approved device (1) If the escape route is over the
equivalent to a rope, it must be— flap, the height of the terminal edge
(i) Attached to the fuselage structure must be measured with the flap in the
at or above the top of the emergency takeoff or landing position, whichever
exit opening, or, for a device at a pi- is higher from the ground.
lot’s emergency exit window, at an- (2) The assisting means must be usa-
other approved location if the stowed ble and self-supporting with one or
device, or its attachment, would reduce more landing gear legs collapsed and
the pilot’s view in flight; under a 25-knot wind directed from the
(ii) Able (with its attachment) to most critical angle.
withstand a 400-pound static load. (3) The assisting means provided for
(b) Assist means from the cabin to each escape route leading from a Type
the wing are required for each type A A or B emergency exit must be capable
or Type B exit located above the wing of carrying simultaneously two par-
and having a stepdown unless the exit allel lines of evacuees; and, the assist-
without an assist-means can be shown ing means leading from any other exit
to have a rate of passenger egress at type must be capable of carrying as
least equal to that of the same type of many parallel lines of evacuees as
non over-wing exit. If an assist means there are required escape routes.
is required, it must be automatically (4) The assisting means provided for
deployed and automatically erected each escape route leading from a Type
concurrent with the opening of the C exit must be automatically erected
exit. In the case of assist means in- within 10 seconds from the time the
stalled at Type C exits, it must be self- opening means of the exit is actuated,
supporting within 10 seconds from the and that provided for the escape route
time the opening means of the exits is leading from any other exit type must
actuated. For all other exit types, it be automatically erected within 10 sec-
must be self-supporting 6 seconds after onds after actuation of the erection
deployment is begun. system.
(c) An escape route must be estab- (e) If an integral stair is installed in
lished from each overwing emergency a passenger entry door that is qualified
exit, and (except for flap surfaces suit- as a passenger emergency exit, the
able as slides) covered with a slip re- stair must be designed so that, under
sistant surface. Except where a means the following conditions, the effective-
for channeling the flow of evacuees is ness of passenger emergency egress will
provided— not be impaired:
(1) The escape route from each Type (1) The door, integral stair, and oper-
A or Type B passenger emergency exit, ating mechanism have been subjected
or any common escape route from two to the inertia forces specified in
Type III passenger emergency exits, § 25.561(b)(3), acting separately relative
must be at least 42 inches wide; that to the surrounding structure.
from any other passenger emergency (2) The airplane is in the normal
exit must be at least 24 inches wide; ground attitude and in each of the atti-
and tudes corresponding to collapse of one
(2) The escape route surface must or more legs of the landing gear.
have a reflectance of at least 80 per- [Amdt. 25–72, 55 FR 29782, July 20, 1990, as
cent, and must be defined by markings amended by Amdt. 25–88, 61 FR 57958, Nov. 8,
with a surface-to-marking contrast 1996; 62 FR 1817, Jan. 13, 1997; Amdt. 25–114, 69
ratio of at least 5:1. FR 24502, May 3, 2004]
(d) Means must be provided to assist
evacuees to reach the ground for all § 25.811 Emergency exit marking.
Type C exits located over the wing and, (a) Each passenger emergency exit,
if the place on the airplane structure its means of access, and its means of
482
opening must be conspicuously (i) With a red arrow, with a shaft at

marked. least three-fourths of an inch wide and
(b) The identity and location of each a head twice the width of the shaft, ex-
passenger emergency exit must be rec- tending along at least 70 degrees of arc
ognizable from a distance equal to the at a radius approximately equal to
width of the cabin. three-fourths of the handle length.
(c) Means must be provided to assist (ii) So that the centerline of the exit
the occupants in locating the exits in handle is within ±1 inch of the pro-
conditions of dense smoke. jected point of the arrow when the han-
(d) The location of each passenger dle has reached full travel and has re-
emergency exit must be indicated by a leased the locking mechanism, and
sign visible to occupants approaching (iii) With the word ‘‘open’’ in red let-
along the main passenger aisle (or ters 1 inch high, placed horizontally
aisles). There must be— near the head of the arrow.
(1) A passenger emergency exit loca-
(f) Each emergency exit that is re-
tor sign above the aisle (or aisles) near
quired to be openable from the outside,
each passenger emergency exit, or at
and its means of opening, must be
another overhead location if it is more
practical because of low headroom, ex- marked on the outside of the airplane.
cept that one sign may serve more In addition, the following apply:
than one exit if each exit can be seen (1) The outside marking for each pas-
readily from the sign; senger emergency exit in the side of
(2) A passenger emergency exit mark- the fuselage must include a 2-inch col-
ing sign next to each passenger emer- ored band outlining the exit.
gency exit, except that one sign may (2) Each outside marking including
serve two such exits if they both can be the band, must have color contrast to
seen readily from the sign; and be readily distinguishable from the sur-
(3) A sign on each bulkhead or divider rounding fuselage surface. The contrast
that prevents fore and aft vision along must be such that if the reflectance of
the passenger cabin to indicate emer- the darker color is 15 percent or less,
gency exits beyond and obscured by the the reflectance of the lighter color
bulkhead or divider, except that if this must be at least 45 percent. ‘‘Reflec-
is not possible the sign may be placed tance’’ is the ratio of the luminous flux
at another appropriate location. reflected by a body to the luminous
(e) The location of the operating han- flux it receives. When the reflectance
dle and instructions for opening exits of the darker color is greater than 15
from the inside of the airplane must be percent, at least a 30-percent difference
shown in the following manner: between its reflectance and the reflec-
(1) Each passenger emergency exit tance of the lighter color must be pro-
must have, on or near the exit, a mark- vided.
ing that is readable from a distance of (3) In the case of exists other than
30 inches. those in the side of the fuselage, such
(2) Each Type A, Type B, Type C or as ventral or tailcone exists, the exter-
Type I passenger emergency exit oper- nal means of opening, including in-
ating handle must—
structions if applicable, must be con-
(i) Be self-illuminated with an initial spicuously marked in red, or bright
brightness of at least 160 micro-
chrome yellow if the background color
lamberts; or
is such that red is inconspicuous. When
(ii) Be conspicuously located and well
the opening means is located on only
illuminated by the emergency lighting
one side of the fuselage, a conspicuous
even in conditions of occupant crowd-
ing at the exit. marking to that effect must be pro-
vided on the other side.
(3) [Reserved]
(4) Each Type A, Type B, Type C, (g) Each sign required by paragraph
Type I, or Type II passenger emergency (d) of this section may use the word
exit with a locking mechanism re-

leased by rotary motion of the handle
must be marked—
483
§ 25.812 14 CFR Ch. I (1–1–17 Edition)
‘‘exit’’ in its legend in place of the may be reversed in the case of a sign
term ‘‘emergency exit’’. that is self-illuminated by other than
[Amdt. 25–15, 32 FR 13264, Sept. 20, 1967, as electrical means.
amended by Amdt. 25–32, 37 FR 3970, Feb. 24, (2) For airplanes that have a pas-
1972; Amdt. 25–46, 43 FR 50597, Oct. 30, 1978; 43 senger seating configuration, excluding
FR 52495, Nov. 13, 1978; Amdt. 25–79, 58 FR pilot seats, of nine seats or less, that
45229, Aug. 26, 1993; Amdt. 25–88, 61 FR 57958, are required by § 25.811(d)(1), (2), and (3)
Nov. 8, 1996]
must have red letters at least 1 inch
§ 25.812 Emergency lighting. high on a white background at least 2
inches high. These signs may be inter-
(a) An emergency lighting system, nally electrically illuminated, or self-
independent of the main lighting sys- illuminated by other than electrical
tem, must be installed. However, the
means, with an initial brightness of at
sources of general cabin illumination
least 160 microlamberts. The colors
may be common to both the emergency
may be reversed in the case of a sign
and the main lighting systems if the
power supply to the emergency light- that is self-illuminated by other than
ing system is independent of the power electrical means.
supply to the main lighting system. (c) General illumination in the pas-
The emergency lighting system must senger cabin must be provided so that
include: when measured along the centerline of
(1) Illuminated emergency exit mark- main passenger aisle(s), and cross
ing and locating signs, sources of gen- aisle(s) between main aisles, at seat
eral cabin illumination, interior light- arm-rest height and at 40-inch inter-
ing in emergency exit areas, and floor vals, the average illumination is not
proximity escape path marking. less than 0.05 foot-candle and the illu-
(2) Exterior emergency lighting. mination at each 40-inch interval is not
(b) Emergency exit signs— less than 0.01 foot-candle. A main pas-
(1) For airplanes that have a passenger aisle(s) is considered to extend
senger seating configuration, excluding along the fuselage from the most for-
pilot seats, of 10 seats or more must ward passenger emergency exit or
meet the following requirements: cabin occupant seat, whichever is far-
(i) Each passenger emergency exit lo- ther forward, to the most rearward pas-
cator sign required by § 25.811(d)(1) and senger emergency exit or cabin occu-
each passenger emergency exit mark- pant seat, whichever is farther aft.
ing sign required by § 25.811(d)(2) must (d) The floor of the passageway lead-
have red letters at least 11⁄2 inches high ing to each floor-level passenger emer-
on an illuminated white background, gency exit, between the main aisles
and must have an area of at least 21 and the exit openings, must be pro-
square inches excluding the letters. vided with illumination that is not less
The lighted background-to-letter con-
than 0.02 foot-candle measured along a
trast must be at least 10:1. The letter
line that is within 6 inches of and par-
height to stroke-width ratio may not
allel to the floor and is centered on the
be more than 7:1 nor less than 6:1.
These signs must be internally elec- passenger evacuation path.
trically illuminated with a background (e) Floor proximity emergency es-
brightness of at least 25 foot-lamberts cape path marking must provide emer-
and a high-to-low background contrast gency evacuation guidance for pas-
no greater than 3:1. sengers when all sources of illumina-
(ii) Each passenger emergency exit tion more than 4 feet above the cabin
sign required by § 25.811(d)(3) must have aisle floor are totally obscured. In the
red letters at least 11⁄2 inches high on a dark of the night, the floor proximity
white background having an area of at emergency escape path marking must
least 21 square inches excluding the enable each passenger to—
letters. These signs must be internally (1) After leaving the passenger seat,
electrically illuminated or self-illumi- visually identify the emergency escape
nated by other than electrical means path along the cabin aisle floor to the
and must have an initial brightness of first exits or pair of exits forward and
at least 400 microlamberts. The colors aft of the seat; and
484
(2) Readily identify each exit from direction of the incident light) where
the emergency escape path by ref- an evacuee using the established escape
erence only to markings and visual fea- route would normally make first con-
tures not more than 4 feet above the tact with the ground.
cabin floor. (2) At each non-overwing emergency
(f) Except for subsystems provided in exit not required by § 25.810(a) to have
accordance with paragraph (h) of this descent assist means the illumination
section that serve no more than one as- must be not less than 0.03 foot-candle
sist means, are independent of the air- (measured normal to the direction of
plane’s main emergency lighting sys- the incident light) on the ground sur-
tem, and are automatically activated face with the landing gear extended
when the assist means is erected, the where an evacuee is likely to make
emergency lighting system must be de- first contact with the ground outside
signed as follows. the cabin.
(1) The lights must be operable (h) The means required in
manually from the flight crew station §§ 25.810(a)(1) and (d) to assist the occu-
and from a point in the passenger com- pants in descending to the ground must
partment that is readily accessible to a be illuminated so that the erected as-
normal flight attendant seat. sist means is visible from the airplane.
(2) There must be a flight crew warn- (1) If the assist means is illuminated
ing light which illuminates when power by exterior emergency lighting, it
is on in the airplane and the emergency must provide illumination of not less
lighting control device is not armed. than 0.03 foot-candle (measured normal
(3) The cockpit control device must to the direction of the incident light)
have an ‘‘on,’’ ‘‘off,’’ and ‘‘armed’’ posi- at the ground end of the erected assist
tion so that when armed in the cockpit means where an evacuee using the es-
or turned on at either the cockpit or tablished escape route would normally
flight attendant station the lights will make first contact with the ground,
either light or remain lighted upon with the airplane in each of the atti-
interruption (except an interruption tudes corresponding to the collapse of
caused by a transverse vertical separa- one or more legs of the landing gear.
tion of the fuselage during crash land- (2) If the emergency lighting sub-
ing) of the airplane’s normal electric system illuminating the assist means
power. There must be a means to safe- serves no other assist means, is inde-
guard against inadvertent operation of pendent of the airplane’s main emer-
the control device from the ‘‘armed’’ or gency lighting system, and is auto-
‘‘on’’ positions. matically activated when the assist
(g) Exterior emergency lighting must means is erected, the lighting provi-
be provided as follows: sions—
(1) At each overwing emergency exit (i) May not be adversely affected by
the illumination must be— stowage; and
(i) Not less than 0.03 foot-candle (ii) Must provide illumination of not
(measured normal to the direction of less than 0.03 foot-candle (measured
the incident light) on a 2-square-foot normal to the direction of incident
area where an evacuee is likely to light) at the ground and of the erected
make his first step outside the cabin; assist means where an evacuee would
(ii) Not less than 0.05 foot-candle normally make first contact with the
(measured normal to the direction of ground, with the airplane in each of
the incident light) for a minimum the attitudes corresponding to the col-
width of 42 inches for a Type A lapse of one or more legs of the landing
overwing emergency exit and two feet gear.
for all other overwing emergency exits (i) The energy supply to each emer-
along the 30 percent of the slip-resist- gency lighting unit must provide the
ant portion of the escape route re- required level of illumination for at
quired in § 25.810(c) that is farthest least 10 minutes at the critical ambient
from the exit; and conditions after emergency landing.
(iii) Not less than 0.03 foot-candle on (j) If storage batteries are used as the
the ground surface with the landing energy supply for the emergency light-
gear extended (measured normal to the ing system, they may be recharged
485
§ 25.813 14 CFR Ch. I (1–1–17 Edition)
from the airplane’s main electric power least one floor level exit per side must
system: Provided, That, the charging be located near each end of the cabin,
circuit is designed to preclude inad- except that this provision does not
vertent battery discharge into charg- apply to combination cargo/passenger
ing circuit faults. configurations. In addition—
(k) Components of the emergency (a) There must be a passageway lead-
lighting system, including batteries, ing from the nearest main aisle to each
wiring relays, lamps, and switches Type A, Type B, Type C, Type I, or
must be capable of normal operation Type II emergency exit and between in-
after having been subjected to the iner- dividual passenger areas. Each passage-
tia forces listed in § 25.561(b). way leading to a Type A or Type B exit
(l) The emergency lighting system must be unobstructed and at least 36
must be designed so that after any sin- inches wide. Passageways between indi-
gle transverse vertical separation of vidual passenger areas and those lead-
the fuselage during crash landing— ing to Type I, Type II, or Type C emer-
(1) Not more than 25 percent of all gency exits must be unobstructed and
electrically illuminated emergency at least 20 inches wide. Unless there
lights required by this section are ren- are two or more main aisles, each Type
dered inoperative, in addition to the A or B exit must be located so that
lights that are directly damaged by the there is passenger flow along the main
separation; aisle to that exit from both the forward
(2) Each electrically illuminated exit and aft directions. If two or more main
sign required under § 25.811(d)(2) re- aisles are provided, there must be un-
mains operative exclusive of those that obstructed cross-aisles at least 20
are directly damaged by the separa- inches wide between main aisles. There
tion; and must be—
(3) At least one required exterior (1) A cross-aisle which leads directly
emergency light for each side of the to each passageway between the near-
airplane remains operative exclusive of est main aisle and a Type A or B exit;
those that are directly damaged by the and
separation. (2) A cross-aisle which leads to the
immediate vicinity of each passageway
[Amdt. 25–15, 32 FR 13265, Sept. 20, 1967, as between the nearest main aisle and a
1971; Amdt. 25–32, 37 FR 3971, Feb. 24, 1972;
Type 1, Type II, or Type III exit; except
Amdt. 25–46, 43 FR 50597, Oct. 30, 1978; Amdt. that when two Type III exits are lo-
25–58, 49 FR 43186, Oct. 26, 1984; Amdt. 25–88, cated within three passenger rows of
61 FR 57958, Nov. 8, 1996; Amdt. 25–116, 69 FR each other, a single cross-aisle may be
62788, Oct. 27, 2004; Amdt. 25–128, 74 FR 25645, used if it leads to the vicinity between
May 29, 2009] the passageways from the nearest main
aisle to each exit.
§ 25.813 Emergency exit access. (b) Adequate space to allow crew-
Each required emergency exit must member(s) to assist in the evacuation
be accessible to the passengers and lo- of passengers must be provided as fol-
cated where it will afford an effective lows:
means of evacuation. Emergency exit (1) Each assist space must be a rec-
distribution must be as uniform as tangle on the floor, of sufficient size to
practical, taking passenger distribu- enable a crewmember, standing erect,
tion into account; however, the size to effectively assist evacuees. The as-
and location of exits on both sides of sist space must not reduce the unob-
the cabin need not be symmetrical. If structed width of the passageway below
only one floor level exit per side is pre- that required for the exit.
scribed, and the airplane does not have (2) For each Type A or B exit, assist
a tailcone or ventral emergency exit, space must be provided at each side of
the floor level exit must be in the rear- the exit regardless of whether an assist
ward part of the passenger compart- means is required by § 25.810(a).
ment, unless another location affords a (3) For each Type C, I or II exit in-
more effective means of passenger stalled in an airplane with seating for

evacuation. Where more than one floor more than 80 passengers, an assist
level exit per side is prescribed, at space must be provided at one side of
486
the passageway regardless of whether on the airplane, and from the forward
an assist means is required by edge of the forward passageway to the
§ 25.810(a). aft edge of the aft passageway. The exit
(4) For each Type C, I or II exit, an opening must be totally within the fore
assist space must be provided at one and aft bounds of the unobstructed
side of the passageway if an assist space.
means is required by § 25.810(a). (2) In addition to the access—
(5) For any tailcone exit that quali- (i) For airplanes that have a pas-
fies for 25 additional passenger seats senger seating configuration of 20 or
under the provisions of § 25.807(g)(9)(ii), more, the projected opening of the exit
an assist space must be provided, if an provided must not be obstructed and
assist means is required by § 25.810(a). there must be no interference in open-
(6) There must be a handle, or han- ing the exit by seats, berths, or other
dles, at each assist space, located to protrusions (including any seatback in
enable the crewmember to steady him- the most adverse position) for a dis-
self or herself: tance from that exit not less than the
(i) While manually activating the as- width of the narrowest passenger seat
sist means (where applicable) and, installed on the airplane.
(ii) While assisting passengers during (ii) For airplanes that have a pas-
an evacuation. senger seating configuration of 19 or
(c) The following must be provided fewer, there may be minor obstructions
for each Type III or Type IV exit—(1) in this region, if there are compen-
There must be access from the nearest sating factors to maintain the effec-
aisle to each exit. In addition, for each tiveness of the exit.
Type III exit in an airplane that has a (3) For each Type III exit, regardless
passenger seating configuration of 60 or of the passenger capacity of the air-
more— plane in which it is installed, there
(i) Except as provided in paragraph must be placards that—
(c)(1)(ii), the access must be provided (i) Are readable by all persons seated
by an unobstructed passageway that is adjacent to and facing a passageway to
at least 10 inches in width for interior the exit;
arrangements in which the adjacent (ii) Accurately state or illustrate the
seat rows on the exit side of the aisle proper method of opening the exit, in-
contain no more than two seats, or 20 cluding the use of handholds; and
inches in width for interior arrange- (iii) If the exit is a removable hatch,
ments in which those rows contain state the weight of the hatch and indi-
three seats. The width of the passage- cate an appropriate location to place
way must be measured with adjacent the hatch after removal.
seats adjusted to their most adverse (d) If it is necessary to pass through
position. The centerline of the required a passageway between passenger com-
passageway width must not be dis- partments to reach any required emer-
placed more than 5 inches horizontally gency exit from any seat in the pas-
from that of the exit. senger cabin, the passageway must be
(ii) In lieu of one 10- or 20-inch pas- unobstructed. However, curtains may
sageway, there may be two passage- be used if they allow free entry
ways, between seat rows only, that through the passageway.
must be at least 6 inches in width and (e) No door may be installed between
lead to an unobstructed space adjacent any passenger seat that is occupiable
to each exit. (Adjacent exits must not for takeoff and landing and any pas-
share a common passageway.) The senger emergency exit, such that the
width of the passageways must be door crosses any egress path (including
measured with adjacent seats adjusted aisles, crossaisles and passageways).
to their most adverse position. The un- (f) If it is necessary to pass through a
obstructed space adjacent to the exit doorway separating any crewmember
must extend vertically from the floor seat (except those seats on the
to the ceiling (or bottom of sidewall flightdeck), occupiable for takeoff and
stowage bins), inboard from the exit for landing, from any emergency exit, the
a distance not less than the width of door must have a means to latch it in
the narrowest passenger seat installed the open position. The latching means
487
§ 25.815 14 CFR Ch. I (1–1–17 Edition)
must be able to withstand the loads conditions. The routes must provide for
imposed upon it when the door is sub- the evacuation of incapacitated per-
jected to the ultimate inertia forces, sons, with assistance. The use of the
relative to the surrounding structure, evacuation routes may not be depend-
listed in § 25.561(b). ent on any powered device. The routes
[Amdt. 25–1, 30 FR 3204, Mar. 9, 1965, as
must be designed to minimize the pos-
amended by Amdt. 25–15, 32 FR 13265, Sept. sibility of blockage which might result
20, 1967; Amdt. 25–32, 37 FR 3971, Feb. 24, 1972; from fire, mechanical or structural
Amdt. 25–46, 43 FR 50597, Oct. 30, 1978; Amdt. failure, or persons standing on top of or
25–72, 55 FR 29783, July 20, 1990; Amdt. 25–76, against the escape routes. In the event
57 FR 19244, May 4, 1992; Amdt. 25–76, 57 FR the airplane’s main power system or
29120, June 30, 1992; Amdt. 25–88, 61 FR 57958, compartment main lighting system
Nov. 8, 1996; Amdt. 25–116, 69 FR 62788, Oct. should fail, emergency illumination for
27, 2004; Amdt. 25–128, 74 FR 25645, May 29,
2009]
each lower deck service compartment
must be automatically provided.
§ 25.815 Width of aisle. (b) There must be a means for two-
way voice communication between the
The passenger aisle width at any
flight deck and each lower deck service
point between seats must equal or ex-
compartment, which remains available
ceed the values in the following table:
following loss of normal electrical
Minimum passenger power generating system.
aisle width (inches) (c) There must be an aural emer-
Passenger seating capacity gency alarm system, audible during
Less than 25 in. and
25 in. from more from normal and emergency conditions, to
floor floor
enable crewmembers on the flight deck
10 or less ....................................... 1 12 15 and at each required floor level emer-
11 through 19 ................................ 12 20
20 or more ..................................... 15 20
gency exit to alert occupants of each
lower deck service compartment of an
1 A narrower width not less than 9 inches may be approved
when substantiated by tests found necessary by the emergency situation.
Administrator. (d) There must be a means, readily
detectable by occupants of each lower
[Amdt. 25–15, 32 FR 13265, Sept. 20, 1967, as deck service compartment, that indi-
amended by Amdt. 25–38, 41 FR 55466, Dec. 20, cates when seat belts should be fas-
1976]
tened.
§ 25.817 Maximum number of seats (e) If a public address system is in-
abreast. stalled in the airplane, speakers must
be provided in each lower deck service
On airplanes having only one pas-
compartment.
senger aisle, no more than three seats
(f) For each occupant permitted in a
abreast may be placed on each side of
lower deck service compartment, there
the aisle in any one row.
must be a forward or aft facing seat
[Amdt. 25–15, 32 FR 13265, Sept. 20, 1967] which meets the requirements of
§ 25.785(d), and must be able to with-
§ 25.819 Lower deck service compart- stand maximum flight loads when oc-
ments (including galleys). cupied.
For airplanes with a service compart- (g) For each powered lift system in-
ment located below the main deck, stalled between a lower deck service
which may be occupied during taxi or compartment and the main deck for
flight but not during takeoff or land- the carriage of persons or equipment,
ing, the following apply: or both, the system must meet the fol-
(a) There must be at least two emer- lowing requirements:
gency evacuation routes, one at each (1) Each lift control switch outside
end of each lower deck service com- the lift, except emergency stop but-
partment or two having sufficient sepa- tons, must be designed to prevent the
ration within each compartment, activation of the life if the lift door, or
which could be used by each occupant the hatch required by paragraph (g)(3)
of the lower deck service compartment of this section, or both are open.
to rapidly evacuate to the main deck (2) An emergency stop button, that
under normal and emergency lighting when activated will immediately stop
488
the lift, must be installed within the in paragraph (b) of this section are met
lift and at each entrance to the lift. after reasonably probable failures or
(3) There must be a hatch capable of malfunctioning of the ventilating,
being used for evacuating persons from heating, pressurization, or other sys-
the lift that is openable from inside tems and equipment.
and outside the lift without tools, with (d) If accumulation of hazardous
the lift in any position. quantities of smoke in the cockpit area
[Amdt. 25–53, 45 FR 41593, June 19, 1980; 45 FR is reasonably probable, smoke evacu-
43154, June 26, 1980; Amdt. 25–110; 68 FR 36883, ation must be readily accomplished,
June 19, 2003] starting with full pressurization and
without depressurizing beyond safe
§ 25.820 Lavatory doors. limits.
All lavatory doors must be designed (e) Except as provided in paragraph
to preclude anyone from becoming (f) of this section, means must be pro-
trapped inside the lavatory. If a lock- vided to enable the occupants of the
ing mechanism is installed, it must be following compartments and areas to
capable of being unlocked from the control the temperature and quantity
outside without the aid of special tools. of ventilating air supplied to their
[Doc. No. 2003–14193, 69 FR 24502, May 3, 2004] compartment or area independently of
the temperature and quantity of air
VENTILATION AND HEATING supplied to other compartments and
areas:
§ 25.831 Ventilation. (1) The flight crew compartment.
(a) Under normal operating condi- (2) Crewmember compartments and
tions and in the event of any probable areas other than the flight crew com-
failure conditions of any system which partment unless the crewmember com-
would adversely affect the ventilating partment or area is ventilated by air
air, the ventilation system must be de- interchange with other compartments
signed to provide a sufficient amount or areas under all operating conditions.
of uncontaminated air to enable the (f) Means to enable the flight crew to
crewmembers to perform their duties control the temperature and quantity
without undue discomfort or fatigue of ventilating air supplied to the flight
and to provide reasonable passenger
crew compartment independently of
comfort. For normal operating condi-
the temperature and quantity of ven-
tions, the ventilation system must be
tilating air supplied to other compart-
designed to provide each occupant with
ments are not required if all of the fol-
an airflow containing at least 0.55
lowing conditions are met:
pounds of fresh air per minute.
(b) Crew and passenger compartment (1) The total volume of the flight
air must be free from harmful or haz- crew and passenger compartments is
ardous concentrations of gases or va- 800 cubic feet or less.
pors. In meeting this requirement, the (2) The air inlets and passages for air
following apply: to flow between flight crew and pas-
(1) Carbon monoxide concentrations senger compartments are arranged to
in excess of 1 part in 20,000 parts of air provide compartment temperatures
are considered hazardous. For test pur- within 5 degrees F. of each other and
poses, any acceptable carbon monoxide adequate ventilation to occupants in
detection method may be used. both compartments.
(2) Carbon dioxide concentration dur- (3) The temperature and ventilation
ing flight must be shown not to exceed controls are accessible to the flight
0.5 percent by volume (sea level equiva- crew.
lent) in compartments normally occu- (g) The exposure time at any given
pied by passengers or crewmembers. temperature must not exceed the val-
(c) There must be provisions made to ues shown in the following graph after
ensure that the conditions prescribed any improbable failure condition.
489
§ 25.832 14 CFR Ch. I (1–1–17 Edition)
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as amended by Amdt. 25–41, 42 FR 36970, July 18, 1977;
Amdt. 25–87, 61 FR 28695, June 5, 1996; Amdt. 25–89, 61 FR 63956, Dec. 2, 1996]
§ 25.832 Cabin ozone concentration. § 25.833 Combustion heating systems.

(a) The airplane cabin ozone con- Combustion heaters must be ap-
centration during flight must be shown proved.
not to exceed—
[Amdt. 25–72, 55 FR 29783, July 20, 1990]
(1) 0.25 parts per million by volume,
sea level equivalent, at any time above PRESSURIZATION
flight level 320; and
(2) 0.1 parts per million by volume, § 25.841 Pressurized cabins.
sea level equivalent, time-weighted av-
erage during any 3-hour interval above (a) Pressurized cabins and compart-
flight level 270. ments to be occupied must be equipped
(b) For the purpose of this section, to provide a cabin pressure altitude of
‘‘sea level equivalent’’ refers to condi- not more than 8,000 feet at the max-
tions of 25 °C and 760 millimeters of imum operating altitude of the air-
mercury pressure. plane under normal operating condi-
(c) Compliance with this section tions.
must be shown by analysis or tests (1) If certification for operation
based on airplane operational proce- above 25,000 feet is requested, the air-
dures and performance limitations, plane must be designed so that occu-
that demonstrate that either— pants will not be exposed to cabin pres-
(1) The airplane cannot be operated sure altitudes in excess of 15,000 feet
at an altitude which would result in after any probable failure condition in
cabin ozone concentrations exceeding the pressurization system.
the limits prescribed by paragraph (a) (2) The airplane must be designed so
of this section; or that occupants will not be exposed to a
(2) The airplane ventilation system, cabin pressure altitude that exceeds
including any ozone control equipment, the following after decompression from
will maintain cabin ozone concentra- any failure condition not shown to be
tions at or below the limits prescribed extremely improbable:
by paragraph (a) of this section. (i) Twenty-five thousand (25,000) feet
[Amdt. 25–50, 45 FR 3883, Jan. 1, 1980, as for more than 2 minutes; or

amended by Amdt. 25–56, 47 FR 58489, Dec. 30, (ii) Forty thousand (40,000) feet for
1982; Amdt. 25–94, 63 FR 8848, Feb. 23, 1998] any duration.
490
ER05JN96.007</GPH>
(3) Fuselage structure, engine and (8) The pressure sensors necessary to
system failures are to be considered in meet the requirements of paragraphs
evaluating the cabin decompression. (b)(5) and (b)(6) of this section and
(b) Pressurized cabins must have at § 25.1447(c), must be located and the
least the following valves, controls, sensing system designed so that, in the
and indicators for controlling cabin event of loss of cabin pressure in any
pressure: passenger or crew compartment (in-
(1) Two pressure relief valves to auto- cluding upper and lower lobe galleys),
matically limit the positive pressure the warning and automatic presen-
differential to a predetermined value tation devices, required by those provi-
at the maximum rate of flow delivered sions, will be actuated without any
by the pressure source. The combined delay that would significantly increase
capacity of the relief valves must be the hazards resulting from decompres-
large enough so that the failure of any sion.
one valve would not cause an appre-
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
ciable rise in the pressure differential. amended by Amdt. 25–38, 41 FR 55466, Dec. 20,
The pressure differential is positive 1976; Amdt. 25–87, 61 FR 28696, June 5, 1996]
when the internal pressure is greater
than the external. § 25.843 Tests for pressurized cabins.
(2) Two reverse pressure differential
(a) Strength test. The complete pres-
relief valves (or their equivalents) to
surized cabin, including doors, win-
automatically prevent a negative pres-
dows, and valves, must be tested as a
sure differential that would damage
pressure vessel for the pressure dif-
the structure. One valve is enough,
ferential specified in § 25.365(d).
however, if it is of a design that rea-
sonably precludes its malfunctioning. (b) Functional tests. The following
functional tests must be performed:
(3) A means by which the pressure
differential can be rapidly equalized. (1) Tests of the functioning and ca-
pacity of the positive and negative
(4) An automatic or manual regulator
pressure differential valves, and of the
for controlling the intake or exhaust
airflow, or both, for maintaining the emergency release valve, to stimulate
required internal pressures and airflow the effects of closed regulator valves.
rates. (2) Tests of the pressurization system
(5) Instruments at the pilot or flight to show proper functioning under each
engineer station to show the pressure possible condition of pressure, tem-
differential, the cabin pressure alti- perature, and moisture, up to the max-
tude, and the rate of change of the imum altitude for which certification
cabin pressure altitude. is requested.
(6) Warning indication at the pilot or (3) Flight tests, to show the perform-
flight engineer station to indicate ance of the pressure supply, pressure
when the safe or preset pressure dif- and flow regulators, indicators, and
ferential and cabin pressure altitude warning signals, in steady and stepped
limits are exceeded. Appropriate warn- climbs and descents at rates cor-
ing markings on the cabin pressure dif- responding to the maximum attainable
ferential indicator meet the warning within the operating limitations of the
requirement for pressure differential airplane, up to the maximum altitude
limits and an aural or visual signal (in for which certification is requested.
addition to cabin altitude indicating (4) Tests of each door and emergency
means) meets the warning requirement exit, to show that they operate prop-
for cabin pressure altitude limits if it erly after being subjected to the flight
warns the flight crew when the cabin tests prescribed in paragraph (b)(3) of
pressure altitude exceeds 10,000 feet. this section.
(7) A warning placard at the pilot or
flight engineer station if the structure FIRE PROTECTION
is not designed for pressure differen-
tials up to the maximum relief valve § 25.851 Fire extinguishers.

setting in combination with landing (a) Hand fire extinguishers. (1) The fol-
loads. lowing minimum number of hand fire
491
§ 25.853 14 CFR Ch. I (1–1–17 Edition)
extinguishers must be conveniently lo- (i) No extinguishing agent likely to

cated and evenly distributed in pas- enter personnel compartments will be
senger compartments: hazardous to the occupants; and
(ii) No discharge of the extinguisher
Passenger capacity No. of extinguishers
can cause structural damage.
7 through 30 ............................... 1 (2) The capacity of each required
31 through 60 ............................. 2 built-in fire extinguishing system must
61 through 200 ........................... 3 be adequate for any fire likely to occur
201 through 300 ............................ 4
in the compartment where used, con-
301 through 400 ............................ 5
401 through 500 ............................ 6 sidering the volume of the compart-
501 through 600 ............................ 7 ment and the ventilation rate. The ca-
601 through 700 ............................ 8 pacity of each system is adequate if
there is sufficient quantity of agent to
(2) At least one hand fire extin- extinguish the fire or suppress the fire
guisher must be conveniently located anywhere baggage or cargo is placed
in the pilot compartment. within the cargo compartment for the
(3) At least one readily accessible duration required to land and evacuate
hand fire extinguisher must be avail- the airplane.
able for use in each Class A or Class B
[Amdt. 25–74, 56 FR 15456, Apr. 16, 1991, as
cargo or baggage compartment and in amended by Doc. No. Docket FAA–2014–0001,
each Class E or Class F cargo or bag- Amdt. 25–142, 81 FR 7703, Feb. 16, 2016]
gage compartment that is accessible to
crewmembers in flight. § 25.853 Compartment interiors.
(4) At least one hand fire extin- For each compartment occupied by
guisher must be located in, or readily the crew or passengers, the following
accessible for use in, each galley lo- apply:
cated above or below the passenger (a) Materials (including finishes or
compartment. decorative surfaces applied to the ma-
(5) Each hand fire extinguisher must terials) must meet the applicable test
be approved. criteria prescribed in part I of appendix
(6) At least one of the required fire F of this part, or other approved equiv-
extinguishers located in the passenger alent methods, regardless of the pas-
compartment of an airplane with a passenger capacity of the airplane.
senger capacity of at least 31 and not (b) [Reserved]
more than 60, and at least two of the (c) In addition to meeting the re-
fire extinguishers located in the pas- quirements of paragraph (a) of this sec-
senger compartment of an airplane tion, seat cushions, except those on
with a passenger capacity of 61 or more flight crewmember seats, must meet
must contain Halon 1211 the test requirements of part II of ap-
(bromochlorodifluoromethane CBrC1 pendix F of this part, or other equiva-
F2), or equivalent, as the extinguishing lent methods, regardless of the pas-
agent. The type of extinguishing agent senger capacity of the airplane.
used in any other extinguisher required (d) Except as provided in paragraph
by this section must be appropriate for (e) of this section, the following inte-
the kinds of fires likely to occur where rior components of airplanes with pas-
used. senger capacities of 20 or more must
(7) The quantity of extinguishing also meet the test requirements of
agent used in each extinguisher re- parts IV and V of appendix F of this
quired by this section must be appro- part, or other approved equivalent
priate for the kinds of fires likely to method, in addition to the flamma-
occur where used. bility requirements prescribed in para-
(8) Each extinguisher intended for graph (a) of this section:
use in a personnel compartment must (1) Interior ceiling and wall panels,
be designed to minimize the hazard of other than lighting lenses and win-
toxic gas concentration. dows;
(b) Built-in fire extinguishers. If a (2) Partitions, other than transparent
built-in fire extinguisher is provided— panels needed to enhance cabin safety;

(1) Each built-in fire extinguishing (3) Galley structure, including ex-
system must be installed so that— posed surfaces of stowed carts and
492
standard containers and the cavity senger cabin that would be readily de-
walls that are exposed when a full com- tected by a flight attendant; and
plement of such carts or containers is (b) Each lavatory must be equipped
not carried; and with a built-in fire extinguisher for
(4) Large cabinets and cabin stowage each disposal receptacle for towels,
compartments, other than underseat paper, or waste, located within the lav-
stowage compartments for stowing atory. The extinguisher must be de-
small items such as magazines and signed to discharge automatically into
maps. each disposal receptacle upon occur-
(e) The interiors of compartments, rence of a fire in that receptacle.
such as pilot compartments, galleys,
lavatories, crew rest quarters, cabinets [Amdt. 25–74, 56 FR 15456, Apr. 16, 1991]
and stowage compartments, need not
§ 25.855 Cargo or baggage compart-
meet the standards of paragraph (d) of ments.
this section, provided the interiors of
such compartments are isolated from For each cargo or baggage compart-
the main passenger cabin by doors or ment, the following apply:
equivalent means that would normally (a) The compartment must meet one
be closed during an emergency landing of the class requirements of § 25.857.
condition. (b) Each of the following cargo or
(f) Smoking is not allowed in lava- baggage compartments, as defined in
tories. If smoking is allowed in any § 25.857, must have a liner that is sepa-
area occupied by the crew or pas- rate from, but may be attached to, the
sengers, an adequate number of self- airplane structure:
contained, removable ashtrays must be (1) Any Class B through Class E cargo
provided in designated smoking sec- or baggage compartment, and
tions for all seated occupants. (2) Any Class F cargo or baggage
(g) Regardless of whether smoking is compartment, unless other means of
allowed in any other part of the air- containing a fire and protecting crit-
plane, lavatories must have self-con- ical systems and structure are pro-
tained, removable ashtrays located vided.
conspicuously on or near the entry side (c) Ceiling and sidewall liner panels
of each lavatory door, except that one of Class C cargo or baggage compart-
ashtray may serve more than one lava- ments, and ceiling and sidewall liner
tory door if the ashtray can be seen panels in Class F cargo or baggage
readily from the cabin side of each lav- compartments, if installed to meet the
atory served. requirements of paragraph (b)(2) of this
(h) Each receptacle used for the dis- section, must meet the test require-
posal of flammable waste material ments of part III of appendix F of this
must be fully enclosed, constructed of part or other approved equivalent
at least fire resistant materials, and methods.
must contain fires likely to occur in it (d) All other materials used in the
under normal use. The capability of the construction of the cargo or baggage
receptacle to contain those fires under compartment must meet the applicable
all probable conditions of wear, mis- test criteria prescribed in part I of ap-
alignment, and ventilation expected in pendix F of this part or other approved
service must be demonstrated by test. equivalent methods.
[Amdt. 25–83, 60 FR 6623, Feb. 2, 1995, as (e) No compartment may contain any
amended by Amdt. 25–116, 69 FR 62788, Oct. controls, lines, equipment, or acces-
27, 2004] sories whose damage or failure would
affect safe operation, unless those
§ 25.854 Lavatory fire protection. items are protected so that—
For airplanes with a passenger capac- (1) They cannot be damaged by the
ity of 20 or more: movement of cargo in the compart-
(a) Each lavatory must be equipped ment, and
with a smoke detector system or equiv- (2) Their breakage or failure will not
alent that provides a warning light in create a fire hazard.

the cockpit, or provides a warning (f) There must be means to prevent
light or audible warning in the pas- cargo or baggage from interfering with
493
§ 25.856 14 CFR Ch. I (1–1–17 Edition)
the functioning of the fire protective ment does not apply to thermal/acous-
features of the compartment. tic insulation installations that the
(g) Sources of heat within the com- FAA finds would not contribute to fire
partment must be shielded and insu- penetration resistance.
lated to prevent igniting the cargo or [Amdt. 25–111, 68 FR 45059, July 31, 2003]
baggage.
(h) Flight tests must be conducted to § 25.857 Cargo compartment classifica-
show compliance with the provisions of tion.
§ 25.857 concerning— (a) Class A; A Class A cargo or bag-
(1) Compartment accessibility, gage compartment is one in which—
(2) The entries of hazardous quan- (1) The presence of a fire would be
tities of smoke or extinguishing agent easily discovered by a crewmember
into compartments occupied by the while at his station; and
crew or passengers, and (2) Each part of the compartment is
(3) The dissipation of the extin- easily accessible in flight.
guishing agent in all Class C compart- (b) Class B. A Class B cargo or bag-
ments and, if applicable, in any Class F gage compartment is one in which—
compartments. (1) There is sufficient access in flight
(i) During the above tests, it must be to enable a crewmember, standing at
shown that no inadvertent operation of any one access point and without step-
smoke or fire detectors in any com- ping into the compartment, to extin-
partment would occur as a result of guish a fire occurring in any part of
fire contained in any other compart- the compartment using a hand fire ex-
ment, either during or after extin- tinguisher;
guishment, unless the extinguishing (2) When the access provisions are
system floods each such compartment being used, no hazardous quantity of
simultaneously. smoke, flames, or extinguishing agent,
(j) Cargo or baggage compartment will enter any compartment occupied
electrical wiring interconnection sys- by the crew or passengers;
tem components must meet the re- (3) There is a separate approved
quirements of § 25.1721. smoke detector or fire detector system
[Amdt. 25–72, 55 FR 29784, July 20, 1990, as to give warning at the pilot or flight
amended by Amdt. 25–93, 63 FR 8048, Feb. 17, engineer station.
1998; Amdt. 25–116, 69 FR 62788, Oct. 27, 2004; (c) Class C. A Class C cargo or bag-
Amdt. 25–123, 72 FR 63405, Nov. 8, 2007; Doc. gage compartment is one not meeting
No. Docket FAA–2014–0001, Amdt. 25–142, 81 the requirements for either a Class A
FR 7704, Feb. 16, 2016] or B compartment but in which—
(1) There is a separate approved
§ 25.856 Thermal/Acoustic insulation smoke detector or fire detector system
materials.
to give warning at the pilot or flight
(a) Thermal/acoustic insulation ma- engineer station;
terial installed in the fuselage must (2) There is an approved built-in fire
meet the flame propagation test re- extinguishing or suppression system
quirements of part VI of Appendix F to controllable from the cockpit.
this part, or other approved equivalent (3) There are means to exclude haz-
test requirements. This requirement ardous quantities of smoke, flames, or
does not apply to ‘‘small parts,’’ as de- extinguishing agent, from any com-
fined in part I of Appendix F of this partment occupied by the crew or pas-
part. sengers;
(b) For airplanes with a passenger ca- (4) There are means to control ven-
pacity of 20 or greater, thermal/acous- tilation and drafts within the compart-
tic insulation materials (including the ment so that the extinguishing agent
means of fastening the materials to the used can control any fire that may
fuselage) installed in the lower half of start within the compartment.
the airplane fuselage must meet the (d) [Reserved]
flame penetration resistance test re- (e) Class E. A Class E cargo compart-
quirements of part VII of Appendix F ment is one on airplanes used only for
to this part, or other approved equiva- the carriage of cargo and in which—
lent test requirements. This require- (1) [Reserved]
494
(2) There is a separate approved operating configurations and condi-

smoke or fire detector system to give tions.
warning at the pilot or flight engineer [Amdt. 25–54, 45 FR 60173, Sept. 11, 1980, as
station; amended by Amdt. 25–93, 63 FR 8048, Feb. 17,
(3) There are means to shut off the 1998]
ventilating airflow to, or within, the
compartment, and the controls for § 25.859 Combustion heater fire pro-
these means are accessible to the flight tection.
crew in the crew compartment; (a) Combustion heater fire zones. The
(4) There are means to exclude haz- following combustion heater fire zones
ardous quantities of smoke, flames, or must be protected from fire in accord-
noxious gases, from the flight crew ance with the applicable provisions of
compartment; and §§ 25.1181 through 25.1191 and §§ 25.1195
(5) The required crew emergency through 25.1203;
exits are accessible under any cargo (1) The region surrounding the heat-
loading condition. er, if this region contains any flam-
(f) Class F. A Class F cargo or bag- mable fluid system components (ex-
gage compartment must be located on cluding the heater fuel system), that
the main deck and is one in which— could—
(1) There is a separate approved (i) Be damaged by heater malfunc-
smoke detector or fire detector system tioning; or
to give warning at the pilot or flight (ii) Allow flammable fluids or vapors
engineer station; to reach the heater in case of leakage.
(2) There are means to extinguish or (2) The region surrounding the heat-
control a fire without requiring a crew- er, if the heater fuel system has fit-
member to enter the compartment; and tings that, if they leaked, would allow
(3) There are means to exclude haz- fuel or vapors to enter this region.
ardous quantities of smoke, flames, or (3) The part of the ventilating air
extinguishing agent from any compart- passage that surrounds the combustion
ment occupied by the crew or pas-
chamber. However, no fire extinguish-
sengers.
ment is required in cabin ventilating
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as air passages.
amended by Amdt. 25–32, 37 FR 3972, Feb. 24, (b) Ventilating air ducts. Each ven-
1972; Amdt. 25–60, 51 FR 18243, May 16, 1986; tilating air duct passing through any
Amdt. 25–93, 63 FR 8048, Feb. 17, 1998; Doc.
fire zone must be fireproof. In addi-
No. Docket FAA–2014–0001, Amdt. 25–142, 81
FR 7704, Feb. 16, 2016] tion—
(1) Unless isolation is provided by
§ 25.858 Cargo or baggage compart- fireproof valves or by equally effective
ment smoke or fire detection sys- means, the ventilating air duct down-
tems. stream of each heater must be fireproof
If certification with cargo or baggage for a distance great enough to ensure
compartment smoke or fire detection that any fire originating in the heater
provisions is requested, the following can be contained in the duct; and
must be met for each cargo or baggage (2) Each part of any ventilating duct
compartment with those provisions: passing through any region having a
(a) The detection system must pro- flammable fluid system must be con-
vide a visual indication to the flight structed or isolated from that system
crew within one minute after the start so that the malfunctioning of any com-
of a fire. ponent of that system cannot intro-
(b) The system must be capable of de- duce flammable fluids or vapors into
tecting a fire at a temperature signifi- the ventilating airstream.
cantly below that at which the struc- (c) Combustion air ducts. Each com-
tural integrity of the airplane is sub- bustion air duct must be fireproof for a
stantially decreased. distance great enough to prevent dam-
(c) There must be means to allow the age from backfiring or reverse flame
crew to check in flight, the functioning propagation. In addition—
of each fire detector circuit. (1) No combustion air duct may have
(d) The effectiveness of the detection a common opening with the ventilating
system must be shown for all approved airstream unless flames from backfires
495
§ 25.863 14 CFR Ch. I (1–1–17 Edition)
or reverse burning cannot enter the §§ 25.1121 and 25.1123. In addition, there
ventilating airstream under any oper- must be provisions in the design of the
ating condition, including reverse flow heater exhaust system to safely expel
or malfunctioning of the heater or its the products of combustion to prevent
associated components; and the occurrence of—
(2) No combustion air duct may re- (1) Fuel leakage from the exhaust to
strict the prompt relief of any backfire surrounding compartments;
that, if so restricted, could cause heat- (2) Exhaust gas impingement on sur-
er failure. rounding equipment or structure;
(d) Heater controls; general. Provision (3) Ignition of flammable fluids by
must be made to prevent the hazardous the exhaust, if the exhaust is in a com-
accumulation of water or ice on or in partment containing flammable fluid
any heater control component, control lines; and
system tubing, or safety control. (4) Restriction by the exhaust of the
(e) Heater safety controls. For each prompt relief of backfires that, if so re-
combustion heater there must be the stricted, could cause heater failure.
following safety control means: (h) Heater fuel systems. Each heater
(1) Means independent of the compo- fuel system must meet each power-
nents provided for the normal contin- plant fuel system requirement affect-
uous control of air temperature, air- ing safe heater operation. Each heater
flow, and fuel flow must be provided, fuel system component within the ven-
for each heater, to automatically shut tilating airstream must be protected
off the ignition and fuel supply to that by shrouds so that no leakage from
heater at a point remote from that those components can enter the ven-
heater when any of the following oc- tilating airstream.
curs: (i) Drains. There must be means to
(i) The heat exchanger temperature safely drain fuel that might accumu-
exceeds safe limits. late within the combustion chamber or
(ii) The ventilating air temperature the heat exchanger. In addition—
exceeds safe limits. (1) Each part of any drain that oper-
(iii) The combustion airflow becomes ates at high temperatures must be pro-
inadequate for safe operation. tected in the same manner as heater
(iv) The ventilating airflow becomes exhausts; and
inadequate for safe operation. (2) Each drain must be protected
(2) The means of complying with from hazardous ice accumulation under
paragraph (e)(1) of this section for any any operating condition.
individual heater must— [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
(i) Be independent of components amended by Amdt. 25–11, 32 FR 6912, May 5,
serving any other heater whose heat 1967; Amdt. 25–23, 35 FR 5676, Apr. 8, 1970]
output is essential for safe operation;
and § 25.863 Flammable fluid fire protec-
(ii) Keep the heater off until re- tion.
started by the crew. (a) In each area where flammable
(3) There must be means to warn the fluids or vapors might escape by leak-
crew when any heater whose heat out- age of a fluid system, there must be
put is essential for safe operation has means to minimize the probability of
been shut off by the automatic means ignition of the fluids and vapors, and
prescribed in paragraph (e)(1) of this the resultant hazards if ignition does
section. occur.
(f) Air intakes. Each combustion and (b) Compliance with paragraph (a) of
ventilating air intake must be located this section must be shown by analysis
so that no flammable fluids or vapors or tests, and the following factors must
can enter the heater system under any be considered:
operating condition— (1) Possible sources and paths of fluid
(1) During normal operation; or leakage, and means of detecting leak-
(2) As a result of the malfunctioning age.
of any other component. (2) Flammability characteristics of

(g) Heater exhaust. Heater exhaust fluids, including effects of any combus-
systems must meet the provisions of tible or absorbing materials.
496
(3) Possible ignition sources, includ- smoke protection requirements of

ing electrical faults, overheating of §§ 25.831(c) and 25.863.
equipment, and malfunctioning of pro- (2) Equipment that is located in des-
tective devices. ignated fire zones and is used during
(4) Means available for controlling or emergency procedures must be at least
extinguishing a fire, such as stopping fire resistant.
flow of fluids, shutting down equip- (3) EWIS components must meet the
ment, fireproof containment, or use of requirements of § 25.1713.
extinguishing agents. (b) Each vacuum air system line and
(5) Ability of airplane components fitting on the discharge side of the
that are critical to safety of flight to pump that might contain flammable
withstand fire and heat.
vapors or fluids must meet the require-
(c) If action by the flight crew is re-
ments of § 25.1183 if the line or fitting is
quired to prevent or counteract a fluid
in a designated fire zone. Other vacuum
fire (e.g., equipment shutdown or actu-
air systems components in designated
ation of a fire extinguisher) quick act-
ing means must be provided to alert fire zones must be at least fire resist-
the crew. ant.
(d) Each area where flammable fluids (c) Oxygen equipment and lines
or vapors might escape by leakage of a must—
fluid system must be identified and de- (1) Not be located in any designated
fined. fire zone,
(2) Be protected from heat that may
[Amdt. 25–23, 35 FR 5676, Apr. 8, 1970, as
be generated in, or escape from, any
1978] designated fire zone, and
(3) Be installed so that escaping oxy-
§ 25.865 Fire protection of flight con- gen cannot cause ignition of grease,
trols, engine mounts, and other fluid, or vapor accumulations that are
flight structure. present in normal operation or as a re-
Essential flight controls, engine sult of failure or malfunction of any
mounts, and other flight structures lo- system.
cated in designated fire zones or in ad-
[Amdt. 25–72, 55 FR 29784, July 20, 1990, as
jacent areas which would be subjected
amended by Amdt. 25–113, 69 FR 12530, Mar.
to the effects of fire in the fire zone 16, 2004; Amdt. 25–123, 72 FR 63405, Nov. 8,
must be constructed of fireproof mate- 2007]
rial or shielded so that they are capa-
ble of withstanding the effects of fire. MISCELLANEOUS
[Amdt. 25–23, 35 FR 5676, Apr. 8, 1970]
§ 25.871 Leveling means.
§ 25.867 Fire protection: other compo- There must be means for determining
nents. when the airplane is in a level position
(a) Surfaces to the rear of the na- on the ground.
celles, within one nacelle diameter of
[Amdt. 25–23, 35 FR 5676, Apr. 8, 1970]
the nacelle centerline, must be at least
fire-resistant. § 25.875 Reinforcement near propel-
(b) Paragraph (a) of this section does lers.
not apply to tail surfaces to the rear of
the nacelles that could not be readily (a) Each part of the airplane near the
affected by heat, flames, or sparks propeller tips must be strong and stiff
coming from a designated fire zone or enough to withstand the effects of the
engine compartment of any nacelle. induced vibration and of ice thrown
from the propeller.
[Amdt. 25–23, 35 FR 5676, Apr. 8, 1970]
(b) No window may be near the pro-
§ 25.869 Fire protection: systems. peller tips unless it can withstand the
most severe ice impact likely to occur.

(a) Electrical system components:
(1) Components of the electrical sys-
tem must meet the applicable fire and
497
§ 25.899 14 CFR Ch. I (1–1–17 Edition)
§ 25.899 Electrical bonding and protec- function or probable combination of

tion against static electricity. failures will jeopardize the safe oper-
(a) Electrical bonding and protection ation of the airplane except that the
against static electricity must be de- failure of structural elements need not
signed to minimize accumulation of be considered if the probability of such
electrostatic charge that would cause— failure is extremely remote.
(1) Human injury from electrical (d) Each auxiliary power unit instal-
shock, lation must meet the applicable provi-
(2) Ignition of flammable vapors, or sions of this subpart.
(3) Interference with installed elec- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
trical/electronic equipment. amended by Amdt. 25–23, 35 FR 5676, Apr. 8,
(b) Compliance with paragraph (a) of 1970; Amdt. 25–40, 42 FR 15042, Mar. 17, 1977;
this section may be shown by— Amdt. 25–46, 43 FR 50597, Oct. 30, 1978; Amdt.
(1) Bonding the components properly 25–126, 73 FR 63345, Oct. 24, 2008]
to the airframe; or
(2) Incorporating other acceptable § 25.903 Engines.
means to dissipate the static charge so (a) Engine type certificate. (1) Each en-
as not to endanger the airplane, per- gine must have a type certificate and
sonnel, or operation of the installed must meet the applicable requirements
electrical/electronic systems. of part 34 of this chapter.
[Amdt. 25–123, 72 FR 63405, Nov. 8, 2007] (2) Each turbine engine must comply
with one of the following:
Subpart E—Powerplant (i) Sections 33.76, 33.77 and 33.78 of
this chapter in effect on December 13,
GENERAL 2000, or as subsequently amended; or
(ii) Sections 33.77 and 33.78 of this
§ 25.901 Installation. chapter in effect on April 30, 1998, or as
(a) For the purpose of this part, the subsequently amended before Decem-
airplane powerplant installation in- ber 13, 2000; or
cludes each component that— (iii) Comply with § 33.77 of this chap-
(1) Is necessary for propulsion; ter in effect on October 31, 1974, or as
(2) Affects the control of the major subsequently amended prior to April
propulsive units; or 30, 1998, unless that engine’s foreign ob-
(3) Affects the safety of the major ject ingestion service history has re-
propulsive units between normal in- sulted in an unsafe condition; or
spections or overhauls. (iv) Be shown to have a foreign object
(b) For each powerplant— ingestion service history in similar in-
(1) The installation must comply stallation locations which has not re-
with— sulted in any unsafe condition.
(i) The installation instructions pro-
NOTE: § 33.77 of this chapter in effect on Oc-
vided under §§ 33.5 and 35.3 of this chap- tober 31, 1974, was published in 14 CFR parts
ter; and 1 to 59, Revised as of January 1, 1975. See 39
(ii) The applicable provisions of this FR 35467, October 1, 1974.
subpart;
(2) The components of the installa- (3) Each turbine engine must comply
tion must be constructed, arranged, with one of the following paragraphs:
and installed so as to ensure their con- (i) Section 33.68 of this chapter in ef-
tinued safe operation between normal fect on January 5, 2015, or as subse-
inspections or overhauls; quently amended; or
(3) The installation must be acces- (ii) Section 33.68 of this chapter in ef-
sible for necessary inspections and fect on February 23, 1984, or as subse-
maintenance; and quently amended before January 5,
(4) The major components of the in- 2015, unless that engine’s ice accumula-
stallation must be electrically bonded tion service history has resulted in an
to the other parts of the airplane. unsafe condition; or
(c) For each powerplant and auxiliary (iii) Section 33.68 of this chapter in
power unit installation, it must be es- effect on October 1, 1974, or as subse-
tablished that no single failure or mal- quently amended prior to February 23,
498
1984, unless that engine’s ice accumula- a restart capability within that enve-
tion service history has resulted in an lope.
unsafe condition; or (3) For turbine engine powered air-
(iv) Be shown to have an ice accumu- planes, if the minimum windmilling
lation service history in similar instal- speed of the engines, following the
lation locations which has not resulted inflight shutdown of all engines, is in-
in any unsafe conditions. sufficient to provide the necessary
(b) Engine isolation. The powerplants electrical power for engine ignition, a
must be arranged and isolated from power source independent of the en-
each other to allow operation, in at gine-driven electrical power generating
least one configuration, so that the system must be provided to permit in-
failure or malfunction of any engine, or flight engine ignition for restarting.
of any system that can affect the en- (f) Auxiliary Power Unit. Each auxil-
gine, will not— iary power unit must be approved or
(1) Prevent the continued safe oper- meet the requirements of the category
ation of the remaining engines; or for its intended use.
(2) Require immediate action by any
crewmember for continued safe oper- [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
ation. amended by Amdt. 25–23, 35 FR 5676, Apr. 8,
1970; Amdt. 25–40, 42 FR 15042, Mar. 17, 1977;
(c) Control of engine rotation. There
Amdt. 25–57, 49 FR 6848, Feb. 23, 1984; Amdt.
must be means for stopping the rota-
25–72, 55 FR 29784, July 20, 1990; Amdt. 25–73,
tion of any engine individually in 55 FR 32861, Aug. 10, 1990; Amdt. 25–94, 63 FR
flight, except that, for turbine engine 8848, Feb. 23, 1998; Amdt. 25–95, 63 FR 14798,
installations, the means for stopping Mar. 26, 1998; Amdt. 25–100, 65 FR 55854, Sept.
the rotation of any engine need be pro- 14, 2000; Amdt. 25–140, 79 FR 65525, Nov. 4,
vided only where continued rotation 2014]
could jeopardize the safety of the air-
plane. Each component of the stopping § 25.904 Automatic takeoff thrust con-
system on the engine side of the fire- trol system (ATTCS).
wall that might be exposed to fire must Each applicant seeking approval for
be at least fire-resistant. If hydraulic installation of an engine power control
propeller feathering systems are used system that automatically resets the
for this purpose, the feathering lines
power or thrust on the operating en-
must be at least fire resistant under
gine(s) when any engine fails during
the operating conditions that may be
expected to exist during feathering. the takeoff must comply with the re-
quirements of appendix I of this part.
(d) Turbine engine installations. For
turbine engine installations— [Amdt. 25–62, 52 FR 43156, Nov. 9, 1987]
(1) Design precautions must be taken
to minimize the hazards to the airplane § 25.905 Propellers.
in the event of an engine rotor failure (a) Each propeller must have a type
or of a fire originating within the en- certificate.
gine which burns through the engine (b) Engine power and propeller shaft
case. rotational speed may not exceed the
(2) The powerplant systems associ- limits for which the propeller is certifi-
ated with engine control devices, sys- cated.
tems, and instrumentation, must be de-
(c) The propeller blade pitch control
signed to give reasonable assurance
that those engine operating limitations system must meet the requirements of
that adversely affect turbine rotor §§ 35.21, 35.23, 35.42 and 35.43 of this
structural integrity will not be exceed- chapter.
ed in service. (d) Design precautions must be taken
(e) Restart capability. (1) Means to re- to minimize the hazards to the airplane
start any engine in flight must be pro- in the event a propeller blade fails or is
vided. released by a hub failure. The hazards
(2) An altitude and airspeed envelope which must be considered include dam-
must be established for in-flight engine age to structure and vital systems due
restarting, and each engine must have to impact of a failed or released blade
499
§ 25.907 14 CFR Ch. I (1–1–17 Edition)
and the unbalance created by such fail- (2) The effects of airplane and pro-
ure or release. peller operating and airworthiness lim-
itations.
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
amended by Amdt. 25–54, 45 FR 60173, Sept. [Amdt. 25–126, 73 FR 63345, Oct. 24, 2008]
11, 1980; Amdt. 25–57, 49 FR 6848, Feb. 23, 1984;
Amdt. 25–72, 55 FR 29784, July 20, 1990; Amdt. § 25.925 Propeller clearance.
25–126, 73 FR 63345, Oct. 24, 2008] Unless smaller clearances are sub-
stantiated, propeller clearances with
§ 25.907 Propeller vibration and fa-
the airplane at maximum weight, with
tigue.
the most adverse center of gravity, and
This section does not apply to fixed- with the propeller in the most adverse
pitch wood propellers of conventional pitch position, may not be less than
design. the following:
(a) The applicant must determine the (a) Ground clearance. There must be a
magnitude of the propeller vibration clearance of at least seven inches (for
stresses or loads, including any stress each airplane with nose wheel landing
peaks and resonant conditions, gear) or nine inches (for each airplane
throughout the operational envelope of with tail wheel landing gear) between
the airplane by either: each propeller and the ground with the
(1) Measurement of stresses or loads landing gear statically deflected and in
through direct testing or analysis the level takeoff, or taxiing attitude,
based on direct testing of the propeller whichever is most critical. In addition,
on the airplane and engine installation there must be positive clearance be-
for which approval is sought; or tween the propeller and the ground
when in the level takeoff attitude with
(2) Comparison of the propeller to
the critical tire(s) completely deflated
similar propellers installed on similar
and the corresponding landing gear
airplane installations for which these
strut bottomed.
measurements have been made.
(b) Water clearance. There must be a
(b) The applicant must demonstrate clearance of at least 18 inches between
by tests, analysis based on tests, or each propeller and the water, unless
previous experience on similar designs compliance with § 25.239(a) can be
that the propeller does not experience shown with a lesser clearance.
harmful effects of flutter throughout (c) Structural clearance. There must
the operational envelope of the air- be—
plane. (1) At least one inch radial clearance
(c) The applicant must perform an between the blade tips and the airplane
evaluation of the propeller to show structure, plus any additional radial
that failure due to fatigue will be clearance necessary to prevent harmful
avoided throughout the operational life vibration;
of the propeller using the fatigue and (2) At least one-half inch longitudinal
structural data obtained in accordance clearance between the propeller blades
with part 35 of this chapter and the vi- or cuffs and stationary parts of the air-
bration data obtained from compliance plane; and
with paragraph (a) of this section. For (3) Positive clearance between other
the purpose of this paragraph, the pro- rotating parts of the propeller or spin-
peller includes the hub, blades, blade ner and stationary parts of the air-
retention component and any other plane.
propeller component whose failure due [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
to fatigue could be catastrophic to the amended by Amdt. 25–72, 55 FR 29784, July 20,
airplane. This evaluation must include: 1990]
(1) The intended loading spectra in-
cluding all reasonably foreseeable pro- § 25.929 Propeller deicing.
peller vibration and cyclic load pat- (a) If certification for flight in icing
terns, identified emergency conditions, is sought there must be a means to pre-
allowable overspeeds and overtorques, vent or remove hazardous ice accumu-

and the effects of temperatures and hu- lations that could form in the icing
midity expected in service. conditions defined in Appendix C of
500
this part and in the portions of Appen- ered if this kind of failure is extremely
dix O of this part for which the air- remote.
plane is approved for flight on propel- (2) Compliance with this section may
lers or on accessories where ice accu- be shown by failure analysis or testing,
mulation would jeopardize engine per- or both, for propeller systems that
formance. allow propeller blades to move from
(b) If combustible fluid is used for the flight low-pitch position to a posi-
propeller deicing, §§ 25.1181 through tion that is substantially less than
25.1185 and 25.1189 apply. that at the normal flight low-pitch po-
[ Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as sition. The analysis may include or be
amended by Amdt. 25–140, 79 FR 65525, Nov. 4, supported by the analysis made to
2014] show compliance with the require-
ments of § 35.21 of this chapter for the
§ 25.933 Reversing systems. propeller and associated installation
(a) For turbojet reversing systems— components.
(1) Each system intended for ground [Amdt. 25–72, 55 FR 29784, July 20, 1990]
operation only must be designed so
that during any reversal in flight the § 25.934 Turbojet engine thrust re-
engine will produce no more than flight verser system tests.
idle thrust. In addition, it must be Thrust reversers installed on tur-
shown by analysis or test, or both, bojet engines must meet the require-
that— ments of § 33.97 of this chapter.
(i) Each operable reverser can be re-
stored to the forward thrust position; [Amdt. 25–23, 35 FR 5677, Apr. 8, 1970]
and
§ 25.937 Turbopropeller-drag limiting
(ii) The airplane is capable of contin- systems.
ued safe flight and landing under any
possible position of the thrust reverser. Turbopropeller power airplane pro-
(2) Each system intended for inflight peller-drag limiting systems must be
use must be designed so that no unsafe designed so that no single failure or
condition will result during normal op- malfunction of any of the systems dur-
eration of the system, or from any failing normal or emergency operation re-
ure (or reasonably likely combination sults in propeller drag in excess of that
of failures) of the reversing system, for which the airplane was designed
under any anticipated condition of op- under § 25.367. Failure of structural ele-
eration of the airplane including ments of the drag limiting systems
ground operation. Failure of structural need not be considered if the prob-
elements need not be considered if the ability of this kind of failure is ex-
probability of this kind of failure is extremely remote.
tremely remote.
§ 25.939 Turbine engine operating
(3) Each system must have means to characteristics.
prevent the engine from producing
more than idle thrust when the revers- (a) Turbine engine operating charac-
ing system malfunctions, except that it teristics must be investigated in flight
may produce any greater forward to determine that no adverse charac-
thrust that is shown to allow direc- teristics (such as stall, surge, or flame-
tional control to be maintained, with out) are present, to a hazardous degree,
aerodynamic means alone, under the during normal and emergency oper-
most critical reversing condition ex- ation within the range of operating
pected in operation. limitations of the airplane and of the
(b) For propeller reversing systems— engine.
(1) Each system intended for ground (b) [Reserved]
operation only must be designed so (c) The turbine engine air inlet sys-
that no single failure (or reasonably tem may not, as a result of air flow dis-
likely combination of failures) or mal- tortion during normal operation, cause
function of the system will result in vibration harmful to the engine.
unwanted reverse thrust under any ex- [Amdt. 25–11, 32 FR 6912, May 5, 1967, as
pected operating condition. Failure of amended by Amdt. 25–40, 42 FR 15043, Mar. 17,
structural elements need not be consid- 1977]
501
§ 25.941 14 CFR Ch. I (1–1–17 Edition)
§ 25.941 Inlet, engine, and exhaust (b) Fluid tanks. Each augmentation
compatibility. system fluid tank must meet the fol-
lowing requirements:
For airplanes using variable inlet or
(1) Each tank must be able to with-
exhaust system geometry, or both—
stand without failure the vibration, in-
(a) The system comprised of the ertia, fluid, and structural loads that it
inlet, engine (including thrust aug- may be subject to in operation.
mentation systems, if incorporated), (2) The tanks as mounted in the air-
and exhaust must be shown to function plane must be able to withstand with-
properly under all operating conditions out failure or leakage an internal pres-
for which approval is sought, including sure 1.5 times the maximum operating
all engine rotating speeds and power pressure.
settings, and engine inlet and exhaust (3) If a vent is provided, the venting
configurations; must be effective under all normal
(b) The dynamic effects of the oper- flight conditions.
ation of these (including consideration (4) [Reserved]
of probable malfunctions) upon the aer- (5) Each tank must have an expan-
odynamic control of the airplane may sion space of not less than 2 percent of
not result in any condition that would the tank capacity. It must be impos-
require exceptional skill, alertness, or sible to fill the expansion space inad-
strength on the part of the pilot to vertently with the airplane in the nor-
avoid exceeding an operational or mal ground attitude.
structural limitation of the airplane; (c) Augmentation system drains
and must be designed and located in ac-
(c) In showing compliance with para- cordance with § 25.1455 if—
graph (b) of this section, the pilot (1) The augmentation system fluid is
strength required may not exceed the subject to freezing; and
limits set forth in § 25.143(d), subject to (2) The fluid may be drained in flight
the conditions set forth in paragraphs or during ground operation.
(e) and (f) of § 25.143. (d) The augmentation liquid tank ca-
pacity available for the use of each en-
[Amdt. 25–38, 41 FR 55467, Dec. 20, 1976, as gine must be large enough to allow op-
amended by Amdt. 25–121, 72 FR 44669, Aug. 8, eration of the airplane under the ap-
2007] proved procedures for the use of liquid-
augmented power. The computation of
§ 25.943 Negative acceleration. liquid consumption must be based on
No hazardous malfunction of an en- the maximum approved rate appro-
gine, an auxiliary power unit approved priate for the desired engine output
for use in flight, or any component or and must include the effect of tempera-
system associated with the powerplant ture on engine performance as well as
or auxiliary power unit may occur any other factors that might vary the
when the airplane is operated at the amount of liquid required.
negative accelerations within the (e) This section does not apply to fuel
flight envelopes prescribed in § 25.333. injection systems.
This must be shown for the greatest [Amdt. 25–40, 42 FR 15043, Mar. 17, 1977, as
duration expected for the acceleration. amended by Amdt. 25–72, 55 FR 29785, July 20,
1990; Amdt. 25–115, 69 FR 40527, July 2, 2004]
[Amdt. 25–40, 42 FR 15043, Mar. 17, 1977]
FUEL SYSTEM
§ 25.945 Thrust or power augmentation
system. § 25.951 General.
(a) General. Each fluid injection sys- (a) Each fuel system must be con-
tem must provide a flow of fluid at the structed and arranged to ensure a flow
rate and pressure established for proper of fuel at a rate and pressure estab-
engine functioning under each intended lished for proper engine and auxiliary
operating condition. If the fluid can power unit functioning under each
freeze, fluid freezing may not damage likely operating condition, including
the airplane or adversely affect air- any maneuver for which certification is
plane performance. requested and during which the engine
502
or auxiliary power unit is permitted to (a) Direct lightning strikes to areas

be in operation. having a high probability of stroke at-
(b) Each fuel system must be ar- tachment;
ranged so that any air which is intro- (b) Swept lightning strokes to areas
duced into the system will not result where swept strokes are highly prob-
in— able; and
(1) Power interruption for more than (c) Corona and streamering at fuel
20 seconds for reciprocating engines; or vent outlets.
(2) Flameout for turbine engines.
[Amdt. 25–14, 32 FR 11629, Aug. 11, 1967]
(c) Each fuel system for a turbine en-
gine must be capable of sustained oper- § 25.955 Fuel flow.
ation throughout its flow and pressure
range with fuel initially saturated with (a) Each fuel system must provide at
water at 80 °F and having 0.75cc of free least 100 percent of the fuel flow re-
water per gallon added and cooled to quired under each intended operating
the most critical condition for icing condition and maneuver. Compliance
likely to be encountered in operation. must be shown as follows:
(d) Each fuel system for a turbine en- (1) Fuel must be delivered to each en-
gine powered airplane must meet the gine at a pressure within the limits
applicable fuel venting requirements of specified in the engine type certificate.
part 34 of this chapter. (2) The quantity of fuel in the tank
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
may not exceed the amount established
amended by Amdt. 25–23, 35 FR 5677, Apr. 8, as the unusable fuel supply for that
1970; Amdt. 25–36, 39 FR 35460, Oct. 1, 1974; tank under the requirements of § 25.959
Amdt. 25–38, 41 FR 55467, Dec. 20, 1976; Amdt. plus that necessary to show compliance
25–73, 55 FR 32861, Aug. 10, 1990] with this section.
(3) Each main pump must be used
§ 25.952 Fuel system analysis and test. that is necessary for each operating
(a) Proper fuel system functioning condition and attitude for which com-
under all probable operating conditions pliance with this section is shown, and
must be shown by analysis and those the appropriate emergency pump must
tests found necessary by the Adminis- be substituted for each main pump so
trator. Tests, if required, must be made used.
using the airplane fuel system or a test (4) If there is a fuel flowmeter, it
article that reproduces the operating must be blocked and the fuel must flow
characteristics of the portion of the through the meter or its bypass.
fuel system to be tested. (b) If an engine can be supplied with
(b) The likely failure of any heat ex- fuel from more than one tank, the fuel
changer using fuel as one of its fluids system must—
may not result in a hazardous condi-
(1) For each reciprocating engine,
tion.
supply the full fuel pressure to that en-
[Amdt. 25–40, 42 FR 15043, Mar. 17, 1977] gine in not more than 20 seconds after
switching to any other fuel tank con-
§ 25.953 Fuel system independence. taining usable fuel when engine mal-
Each fuel system must meet the re- functioning becomes apparent due to
quirements of § 25.903(b) by— the depletion of the fuel supply in any
(a) Allowing the supply of fuel to tank from which the engine can be fed;
each engine through a system inde- and
pendent of each part of the system sup- (2) For each turbine engine, in addi-
plying fuel to any other engine; or tion to having appropriate manual
(b) Any other acceptable method. switching capability, be designed to
prevent interruption of fuel flow to
§ 25.954 Fuel system lightning protec- that engine, without attention by the
tion. flight crew, when any tank supplying
The fuel system must be designed fuel to that engine is depleted of usable
and arranged to prevent the ignition of fuel during normal operation, and any
fuel vapor within the system by— other tank, that normally supplies fuel
503
§ 25.957 14 CFR Ch. I (1–1–17 Edition)
to that engine alone, contains usable lected for showing the takeoff flight
fuel. path, and at maximum continuous
[Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
power for the rest of the climb.
amended by Amdt. 25–11, 32 FR 6912, May 5, (3) The weight of the airplane must
1967] be the weight with full fuel tanks, min-
imum crew, and the ballast necessary
§ 25.957 Flow between interconnected to maintain the center of gravity with-
tanks. in allowable limits.
If fuel can be pumped from one tank (4) The climb airspeed may not ex-
to another in flight, the fuel tank ceed—
vents and the fuel transfer system (i) For reciprocating engine powered
must be designed so that no structural airplanes, the maximum airspeed es-
damage to the tanks can occur because tablished for climbing from takeoff to
of overfilling. the maximum operating altitude with
the airplane in the following configura-
§ 25.959 Unusable fuel supply. tion:
The unusable fuel quantity for each (A) Landing gear retracted.
fuel tank and its fuel system compo- (B) Wing flaps in the most favorable
nents must be established at not less position.
than the quantity at which the first (C) Cowl flaps (or other means of con-
evidence of engine malfunction occurs trolling the engine cooling supply) in
under the most adverse fuel feed condi- the position that provides adequate
tion for all intended operations and cooling in the hot-day condition.
flight maneuvers involving fuel feeding (D) Engine operating within the max-
from that tank. Fuel system compo- imum continuous power limitations.
nent failures need not be considered. (E) Maximum takeoff weight; and
(ii) For turbine engine powered air-
[Amdt. 25–23, 35 FR 5677, Apr. 8, 1970, as planes, the maximum airspeed estab-
amended by Amdt. 25–40, 42 FR 15043, Mar. 17,
1977]
lished for climbing from takeoff to the
maximum operating altitude.
§ 25.961 Fuel system hot weather oper- (5) The fuel temperature must be at
ation. least 110 °F.
(a) The fuel system must perform (b) The test prescribed in paragraph
satisfactorily in hot weather operation. (a) of this section may be performed in
This must be shown by showing that flight or on the ground under closely
the fuel system from the tank outlets simulated flight conditions. If a flight
to each engine is pressurized, under all test is performed in weather cold
intended operations, so as to prevent enough to interfere with the proper
vapor formation, or must be shown by conduct of the test, the fuel tank sur-
climbing from the altitude of the air- faces, fuel lines, and other fuel system
port elected by the applicant to the parts subject to cold air must be insu-
maximum altitude established as an lated to simulate, insofar as prac-
operating limitation under § 25.1527. If a ticable, flight in hot weather.
climb test is elected, there may be no [Amdt. 25–11, 32 FR 6912, May 5, 1967, as
evidence of vapor lock or other mal- amended by Amdt. 25–57, 49 FR 6848, Feb. 23,
functioning during the climb test con- 1984]
ducted under the following conditions:
(1) For reciprocating engine powered § 25.963 Fuel tanks: general.
airplanes, the engines must operate at (a) Each fuel tank must be able to
maximum continuous power, except withstand, without failure, the vibra-
that takeoff power must be used for the tion, inertia, fluid, and structural loads
altitudes from 1,000 feet below the crit- that it may be subjected to in oper-
ical altitude through the critical alti- ation.
tude. The time interval during which (b) Flexible fuel tank liners must be
takeoff power is used may not be less approved or must be shown to be suit-
than the takeoff time limitation. able for the particular application.
(2) For turbine engine powered air- (c) Integral fuel tanks must have fa-
planes, the engines must operate at cilities for interior inspection and re-
takeoff power for the time interval se- pair.
504
(d) Fuel tanks must, so far as it is (B) Fuel pressures resulting from the
practicable, be designed, located, and accelerations as specified in
installed so that no fuel is released in § 25.561(b)(3) considering a fuel volume
or near the fuselage, or near the en- beyond 85 percent of the maximum per-
gines, in quantities that would con- missible volume in each tank using the
stitute a fire hazard in otherwise sur- static head associated with the 85 per-
vivable emergency landing conditions, cent fuel level. A typical density of the
and— appropriate fuel may be used. For in-
(1) Fuel tanks must be able to resist board and outboard conditions, an ac-
rupture and retain fuel under ultimate celeration of 1.5g may be used in lieu of
hydrostatic design conditions in which 3.0g as specified in § 25.561(b)(3).
the pressure P within the tank varies (3) Fuel tank internal barriers and
in accordance with the formula: baffles may be considered as solid
boundaries if shown to be effective in
P = KrgL
limiting fuel flow.
Where— (4) For each fuel tank and sur-
P = fuel pressure at each point within the rounding airframe structure, the ef-
tank fects of crushing and scraping actions
r = typical fuel density with the ground must not cause the
g = acceleration due to gravity spillage of enough fuel, or generate
L = a reference distance between the point of temperatures that would constitute a
pressure and the tank farthest boundary
in the direction of loading
fire hazard under the conditions speci-
K = 4.5 for the forward loading condition for fied in § 25.721(b).
those parts of fuel tanks outside the fu- (5) Fuel tank installations must be
selage pressure boundary such that the tanks will not rupture as
K = 9 for the forward loading condition for a result of the landing gear or an en-
those parts of fuel tanks within the fuse- gine pylon or engine mount tearing
lage pressure boundary, or that form part away as specified in § 25.721(a) and (c).
of the fuselage pressure boundary (e) Fuel tank access covers must
K = 1.5 for the aft loading condition comply with the following criteria in
K = 3.0 for the inboard and outboard loading
order to avoid loss of hazardous quan-
conditions for those parts of fuel tanks
within the fuselage pressure boundary, or tities of fuel:
that form part of the fuselage pressure (1) All covers located in an area
boundary where experience or analysis indicates
K = 1.5 for the inboard and outboard loading a strike is likely must be shown by
conditions for those parts of fuel tanks analysis or tests to minimize penetra-
outside the fuselage pressure boundary tion and deformation by tire frag-
K = 6 for the downward loading condition ments, low energy engine debris, or
K = 3 for the upward loading condition other likely debris.
(2) For those parts of wing fuel tanks (2) All covers must be fire resistant
near the fuselage or near the engines, as defined in part 1 of this chapter.
the greater of the fuel pressures result- (f) For pressurized fuel tanks, a
ing from paragraphs (d)(2)(i) or (d)(2)(ii) means with fail-safe features must be
of this section must be used: provided to prevent the buildup of an
(i) The fuel pressures resulting from excessive pressure difference between
paragraph (d)(1) of this section, and the inside and the outside of the tank.
(ii) The lesser of the two following [Doc. No. 5066, 29 FR 18291, Dec. 24, 1964, as
conditions: amended by Amdt. 25–40, 42 FR 15043, Mar. 17,
(A) Fuel pressures resulting from the 1977; Amdt. 25–69, 54 FR 40354, Sept. 29, 1989;
accelerations specified in § 25.561(b)(3) Amdt. 25–139, 79 FR 59430, Oct. 2, 2014]
considering the fuel tank full of fuel at
maximum fuel density. Fuel pressures § 25.965 Fuel tank tests.
based on the 9.0g forward acceleration (a) It must be shown by tests that the
may be calculated using the fuel static fuel tanks, as mounted in the airplane,
head equal to the streamwise local can withstand, without failure or leak-
chord of the tank. For inboard and out- age, the more critical of the pressures
board conditions, an acceleration of resulting from the conditions specified

1.5g may be used in lieu of 3.0g as speci- i

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Title 14—Aeronautics

CHAPTER I—Federal Aviation Administration, Department

SUBCHAPTER A—DEFINITIONS AND GENERAL REQUIREMENTS

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

21 Certification procedures for products and articles 131

33 Airworthiness standards: Aircraft engines .............. 886

PART 1—DEFINITIONS AND gines), and landing gear of an aircraft

display of the forward external scene Extended over-water operation means—

water at a horizontal distance of more gating a flame, beyond safe limits,

cerned. ward horizontal distance, from the

District of Columbia and another place use of lift-enhancing devices (VS1) of

weight and most critical center of Major alteration means an alteration

Positive control means control of all of these governments; or an aircraft ex-

State, the District of Columbia, or a (ii) The aircraft is operated in the

developed statically under standard sea Rotorcraft-load combination means the

powered aircraft with a framed piv- radar.

CAMP means continuous airworthi- MALSR means medium intensity ap-

IFR altitude. tions.

VSR means reference stall speed. clude the plural;

(3) Words importing the masculine separate from, attached to or inscribed

limited to, paper, microfilm, identifica- on a type-certificated product.

PART 5—SAFETY MANAGEMENT September 9, 2015. The implementation

Subpart A—General § 5.5 Definitions.

normal to emergency operations in ac- certificate(s).

be conducted under the certificate (a) Delegation of emergency author-

(c) Explains why safety actions have management processes as described in

PART 11—GENERAL RULEMAKING PUBLIC MEETINGS AND OTHER PROCEEDINGS

Sec. PETITIONS FOR RULEMAKING AND FOR

11.45 Where and when do I file my com-

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

stantive issues raised by commenters that applies to a particular aircraft de-

first issuing an ANPRM or NPRM in comment, we may incorporate the

may withdraw the direct final rule in annual regulatory agenda.

comment for rules of particular appli- during rulemaking appears in appendix

WRITTEN COMMENTS only if they do not significantly delay

(b) Submit a petition for rulemaking proposed action on small businesses,

to that provided by the rule from § 11.87 Are there circumstances in

questing it; and (b) That we made an important fac-

(c) That we did not correctly inter- 14 CFR part or

Doc. FAA–2014–0554, Amdt. 11–60, 81 FR 33117,

APPENDIX 1 TO PART 11—ORAL COMMU- each contact or group of related contacts in

Subpart E—Orders of Compliance Under

Subpart B—Administrative Actions 13.81 Order of immediate compliance.

Subpart G—Rules of Practice in FAA Civil

13.233 Appeal from initial decision. § 13.3 Investigations (general).

mailed to each person named in the tain a photostatic or duplicate copy

Subpart C—Legal Enforcement (c) The minimum and maximum

(5) The action involves an aircraft order of the Administrator shall be

(4) Unless a petition for review is Counsel.

decisionmaker involving a violation of tion safety inspector, authorized in an

Chief Counsel, may summarily seize an conditioned on payment of the penalty,

of assessment or a compromise order promise any civil penalty action where

(3) The Administrator, if the request 110(b) of the Hazardous Materials

action is initiated by sending a notice civil penalty.

§ 13.47 Withdrawal of notice or request Any objection that is not so raised is

the custody of such an employee at a § 13.61 Argument and submittals.

son may make written objection to the 1997]

§ 13.73 Notice of proposed order of (1) A proposed order of compliance;

submitted to the official who issued (b) An order of immediate compli-

by telephone or telegram, and a writ- § 13.83 Appeal.

[Doc. No. 18884, 44 FR 63723, Nov. 5, 1979, as

§ 13.85 Filing, service and computation § 13.105 Notification.

communications sent to a party or wit- for inclusion in the record.

or the receipt of an exhibit in accord- of a party or a person testifying or pro-