96-2081. Airworthiness Standards; Airframe Rules Based on European Joint Aviation Requirements  

  • [Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
    [Rules and Regulations]
    [Pages 5138-5151]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-2081]
    
    
    
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    DEPARTMENT OF TRANSPORTATION
    Federal Aviation Administration
    
    14 CFR Part 23
    
    [Docket No. 27805; Amendment No. 23-48]
    RIN 2120-AE62
    
    
    Airworthiness Standards; Airframe Rules Based on European Joint 
    Aviation Requirements
    
    AGENCY: Federal Aviation Administration, DOT.
    
    ACTION: Final rule.
    
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    SUMMARY: This final rule amends the airframe airworthiness standards 
    for normal, utility, acrobatic, and commuter category airplanes. This 
    amendment completes a portion of the Federal Aviation Administration 
    (FAA) and the European Joint Aviation Authorities (JAA) effort to 
    harmonize the Federal Aviation Regulations and the Joint Aviation 
    Requirements (JAR) for airplanes certificated in these categories. This 
    amendment will provide nearly uniform airframe airworthiness standards 
    for airplanes certificated in the United States under 14 CFR part 23 
    and in the JAA countries under Joint Aviation Requirements 23, 
    simplifying international airworthiness approval.
    
    EFFECTIVE DATE: March 11, 1996.
    
    FOR FURTHER INFORMATION CONTACT:
    Kenneth W. Payauys, ACE-111, Small Airplane Directorate, Aircraft 
    Certification Service, Federal Aviation Administration, 601 East 12th 
    Street, Kansas City, Missouri 64106; telephone (816) 426-5688.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        This amendment is based on Notice of Proposed Rulemaking (NPRM) No. 
    94-20 (59 FR 35196, July 8, 1994). All comments received in response to 
    Notice 94-20 have been considered in adopting this amendment.
        This amendment completes part of an effort to harmonize the 
    requirements of part 23 and JAR 23. The revisions to part 23 in this 
    amendment largely pertain to airframe airworthiness standards. Three 
    other final rules are being issued in this Federal Register that 
    pertain to airworthiness standards for systems and equipment, flight, 
    and powerplant. These related rulemakings are also part of the 
    harmonization effort. Interested persons should review all four final 
    rules to ensure that all revisions to part 23 are recognized.
        The harmonization effort was initiated at a meeting in June 1990 of 
    the JAA Council (consisting of JAA members from European countries) and 
    the FAA, during which the FAA Administrator committed the FAA to 
    support the harmonization of the U.S. regulations with the JAR that 
    were being developed. In response to the commitment, the FAA Small 
    Airplane Directorate established an FAA Harmonization Task Force to 
    work with the JAR 23 Study Group to harmonize part 23 with the proposed 
    JAR 23. The General Aviation Manufacturers Association (GAMA) also 
    established a JAR 23/part 23 committee to provide technical assistance.
        The FAA, JAA, GAMA, and the Association Europeenne des 
    Constructeurs de Material Aerospatial (AECMA), an organization of 
    European airframe manufacturers, met on several occasions in a 
    continuing harmonization effort.
        Near the end of the effort to harmonize the normal, utility, and 
    acrobatic category airplane airworthiness standards, the JAA requested 
    and received recommendations from its member countries on proposed 
    airworthiness standards for commuter category airplanes. Subsequent JAA 
    and FAA meetings on this issue resulted in proposals that were 
    reflected in Notice 94-20 to revise portions of the part 23 commuter 
    category airworthiness standards. Accordingly, this final rule adopts 
    the airframe airworthiness standards for all part 23 airplanes.
        In January 1991, the FAA established the Aviation Rulemaking 
    Advisory Committee (ARAC) (56 FR 2190, January 22, 1991). At an FAA/JAA 
    Harmonization Conference in Canada in June 1992, the FAA announced that 
    it would consolidate the harmonization effort within the ARAC 
    structure. The FAA assigned to ARAC the rulemakings related to JAR 23/
    part 23 harmonization, which ARAC assigned to the JAR/FAR 23 
    Harmonization Working Group. The proposal for airframe airworthiness 
    standards contained in Notice No. 94-20 were a result of both the 
    working group's efforts and the efforts at harmonization that occurred 
    before the formation of the working group.
        The JAA submitted comments to the FAA on January 20, 1994, in 
    response to the four draft proposals for harmonization of the part 23 
    airworthiness standards. The JAA submitted comments again during the 
    comment period of the NPRM. At the 
    
    [[Page 5139]]
    April 26, 1995, ARAC JAR/FAR 23 Harmonization Working Group meeting, 
    the JAA noted that many of the comments in the January 20 letter had 
    been satisfied or were no longer relevant. The few remaining items 
    concern issues that are considered beyond the scope of this rulemaking 
    and, therefore, will be dealt with at future FAA/JAA Harmonization 
    meetings.
    
    Discussion of Comments
    
    General
    
        Interested persons were invited to participate in the development 
    of these final rules by submitting written data, views, or arguments to 
    the regulatory docket on or before October 28, 1994. Five commenters 
    responded to Notice 94-20. Minor technical and editorial changes have 
    been made to the proposed rules based on relevant comments received, 
    consultation with the ARAC, and further review by the FAA
    
    Discussion of Amendments
    
    Section 23.301  Loads
    
        The FAA proposed to amend Sec. 23.301(d) by limiting the 
    applicability of Appendix A to part 23 to ``single-engine, excluding 
    turbines'' airplanes, rather than the current single-engine limitation. 
    The effect of the proposed changes would be to eliminate alternative 
    Appendix A airplane design requirements for turbine engines because the 
    JAA determined, and the FAA agrees, that only single-engine airplanes, 
    excluding turbines, were envisioned when Appendix A was introduced. 
    Turbine airplane designs could continue to be FAA certificated by 
    substantiation to part 23.
        No comments were received on the proposal for this section, and it 
    is adopted as proposed.
    
    Section 23.335  Design Airspeeds
    
        The FAA proposed to revise portions of Sec. 23.335 for 
    clarification and harmonization with JAR 23. The FAA proposed to revise 
    paragraph (a)(1) by adding the phrase ``wing loading at the design 
    maximum takeoff weight'' as a definition for W/S and by revising 
    paragraphs (a)(1)(i) and (ii) to correct the equations for design 
    cruise speed from ``33 W/S'' to ``33 (W/S)'' and from ``36 
    W/S'' to ``36 (W/S).''
        The FAA proposed to revise Sec. 23.335(b)(4) by adding a new 
    paragraph (b)(4)(iii) that includes a new mach number speed margin, 
    0.07M, for commuter category airplanes. Because commuter category 
    airplanes are normally operated at higher altitudes than normal, 
    utility, and acrobatic category airplanes, they experience greater 
    atmospheric variations, such as horizontal gusts and the penetration of 
    jet streams or cold fronts; therefore, a higher minimum speed margin is 
    required. The JAR proposed adding this mach number speed margin. The 
    original mach number speed margin of 0.05M would be retained for 
    normal, utility, and acrobatic category airplanes.
        An incorrect equation, ng Vs1, appears in 
    Sec. 23.335(d)(1). This equation for the design speed for maximum gust 
    intensity, VB, is corrected to Vs1 (ng).
        No comments were received on the proposals for this section, and 
    they are adopted as proposed.
    
    Section 23.337  Limit Maneuvering Load Factors
    
        The FAA proposed to revise Sec. 23.337(a)(1) by clarifying the 
    equation and by adding a definition for ``W.'' This definition of 
    ``W,'' ``design maximum takeoff weight,'' was requested by the JAA to 
    harmonize with JAR 23.
        No comments were received on the proposal for this section, and it 
    is adopted as proposed.
    
    Section 23.341  Gust Load Factors
    
        The FAA proposed to reorganize Sec. 23.341 to provide a new 
    paragraph (a), that would clarify that each airplane must be designed 
    to withstand loads of each lifting surface that result from gusts 
    specified in Sec. 23.333(c). It also proposed to reorganize the section 
    as follows: (1) Redesignate existing paragraphs (a) and (b) as (b) and 
    (c), respectively; (2) revise the text of new paragraph (b) to delete 
    the phrase ``considering the criteria of Sec. 23.333(c), to develop the 
    gust loading on each lifting surface'' since this requirement would be 
    located in proposed paragraph (a); and, (3) revise new paragraph (c) to 
    delete the phrase ``for conventional configurations'' because it is no 
    longer accurate, and to revise the definition for wing loading (W/S).
        No comments were received on the proposals for this section, and 
    they are adopted as proposed.
    
    Section 23.343  Design Fuel Loads
    
        The FAA proposed a new Sec. 23.343. The proposed requirement would 
    apply to all part 23 airplane categories, except paragraph (c), which 
    is limited to commuter category airplanes.
        Comment: The JAA states that while the JAR 23 Study Group supports 
    the technical intent of paragraph (c), since the JAA has no JAR 91 
    operating rule corresponding to part 91. The JAA must wait for an 
    operating rule to be developed. The JAA has proposed a Notice of 
    Proposed Action (NPA) to adopt paragraph (c) in JAR 23 if and when an 
    operating rule for a 45-minute fuel reserve is created.
        FAA Response: The FAA decided to continue with the final rule, as 
    proposed.
        This proposal is adopted as proposed.
    
    Section 23.345  High Lift Devices
    
        To place all ``flap'' requirements in one location, and to 
    harmonize the requirements with JAR 23, the FAA proposed to revise 
    Sec. 23.345 as follows: (1) Make minor organizational, and non-
    substantive, clarifying changes; (2) Change the term ``fully 
    deflected'' to ``fully extended'' because it more accurately describes 
    flap conditions and positions; (3) Remove the phrase ``resulting in 
    limit load factors'' because the requirement already exists in 
    Sec. 23.301(a); (4) Redesignate current paragraph (c) as paragraph (d) 
    and revise it to include the flap requirements of Sec. 23.457; (5) 
    Redesignate current paragraph (d) as paragraph (c); and (6) Incorporate 
    the flap requirements of Sec. 23.457 into Sec. 23.345(b) and 
    Sec. 23.345(d), as redesignated, and delete paragraph (e), which is 
    redundant.
        No comments were received on the proposals for this section, and 
    they are adopted as proposed.
    
    Section 23.347  Unsymmetrical Flight Conditions
    
        The FAA proposed to revise Sec. 23.347 to redesignate the existing 
    text as paragraph (a) and to add a new paragraph (b) to include 
    requirements for a flick maneuver (snap roll), if requested for 
    acrobatic category airplanes.
        No comments were received on the proposal for this section, and it 
    is adopted as proposed.
    
    Section 23.349  Rolling Conditions
    
        The FAA proposed to revised Sec. 23.349(a)(2) to simplify the 
    unsymmetric semispan load assumption for normal, utility, and commuter 
    category airplanes to 100 percent on one wing semispan and 75 percent 
    on the other wing semispan for all design weights up through 19,000 
    pounds. The preamble to the NPRM did not include the explanation that 
    the proposed 100 percent and 75 percent load distribution applied only 
    to normal, utility, and commuter category airplanes. The NPRM did not 
    include acrobatic category airplanes in this proposed requirement. 
    However, the proposed regulatory language for Sec. 23.349(c)(2) 
    correctly reflects the FAA's intent. 
    
    [[Page 5140]]
    While preparing the NPRM, the FAA had suggested varying the latter 
    percentage linearly between 70 percent and 77.5 percent to include 
    aircraft weighing up to 19,000 pounds. After discussion with the JAA, 
    the FAA agreed that 75 percent is an appropriate assumption for all 
    part 23 airplanes except acrobatic category airplanes.
        No comments were received on the proposal for this section, and it 
    is adopted as proposed.
    
    Section 23.369  Rear Lift Truss
    
        The FAA proposed to amend Sec. 23.369 by amending the equation and 
    by adding a definition for wing loading (W/S) to clarify the rule.
        No comments were received on the proposal for this section, and it 
    is adopted as proposed.
    
    Section 23.371  Gyroscopic and Aerodynamic Loads
    
        The FAA proposed to revise and reorganize Sec. 23.371 by 
    designating the existing text as paragraph (a) and adding new 
    paragraphs (b) and (c).
        The proposed revisions to the text of proposed paragraph (a) would 
    delete the limitation for turbine powered engines; add inertial loads; 
    and replace the word ``engines'' with ``engine(s) and propeller(s), if 
    applicable.'' The proposed changes clarify that these requirements 
    apply to all part 23 airplanes.
        The FAA proposed a new paragraph (b) to clarify and distinguish the 
    requirements for airplanes approved for aerobatic maneuvers.
        The FAA proposed new paragraph (c) to clarify that commuter 
    category airplanes must comply with the gust conditions in Sec. 23.341 
    in addition to the requirement of Sec. 23.371(a).
        Comment: The JAA recommended that the words ``In addition,'' which 
    appear at the beginning of JAR 23.371(b) but not in Sec. 23.371(b), 
    could result in misreading the requirements for airplanes approved for 
    aerobatic maneuvers. The JAA's concern is that a reader might think 
    that the requirements of paragraph (b) for airplanes approved for 
    aerobatic maneuvers are in place of, rather than in addition to, the 
    requirements of paragraph (a).
        FAA Response: The FAA is aware that the words ``in addition'' 
    appear in the JAR and understands that the JAA believes the words are 
    necessary to prevent an interpretation that airplanes approved for 
    aerobatic maneuvers need only comply with the requirements of paragraph 
    (b).
        Under standard rules of regulatory interpretation, it is not 
    necessary to add the words ``in addition'' since the applicability of 
    paragraph (a) should be based on its wording and not on the wording of 
    paragraph (b). However, the FAA concludes that JAA's concern can be 
    addressed by rewording paragraph (b) and new paragraph (c) to make it 
    clear that persons subject to those paragraphs must meet both 
    paragraphs (a) and certain additional requirements. As rewritten, 
    paragraph (b) states ``For airplanes approved for aerobatic maneuvers, 
    each engine mount and its supporting structure must meet the 
    requirements of paragraph (a) of this section and be designed to 
    withstand the load factors expected during combined maximum yaw and 
    pitch velocities.'' Paragraph (c) uses parallel language. Paragraph (c) 
    would apply to aircraft certificated in the commuter category, whereas, 
    as proposed, paragraph (b) would apply to aircraft ``approved for 
    aerobatic maneuvers,'' since this approval can be given for aircraft 
    not certificated in the acrobatic category.
        This proposal is adopted with the above changes.
    
    Section 23.391  Control Surface Loads
    
        The FAA proposed to revise Sec. 23.391 by deleting paragraph (b). 
    Paragraph (b) references Appendix B, which was removed by Amendment No. 
    23-42 (56 FR 344, January 3, 1991).
        No comments were received on the proposal for this section, and it 
    is adopted as proposed.
    
    Section 23.393  Loads Parallel to Hinge Line
    
        The FAA proposed a new Sec. 23.393. Proposed new Sec. 23.393 would 
    contain a modified version of the requirement of Sec. 23.657(c) 
    concerning loads parallel to the hinge line, which were proposed to be 
    deleted from Sec. 23.657.
        No comments were received on the proposal for this section, and it 
    is adopted as proposed.
    
    Section 23.399  Dual Control System
    
        The FAA proposed to redesignate the text of Sec. 23.399 as 
    paragraph (a), and to add a new paragraph (b) that addresses the forces 
    exerted on a dual control system when both pilots act together. This 
    would clarify that it is the greater of the forces that apply.
        No comments were received on the proposal for this section, and it 
    is adopted as proposed.
    
    Section 23.415  Ground Gust Conditions
    
        The FAA proposed to amend Sec. 23.415 by revising paragraph (a)(2) 
    to add a definition for wing loading (W/S). The FAA also proposed to 
    revise paragraph (c), which was added in Amendment No. 23-45 (58 FR 
    42136, August 6, 1993), to incorporate a more comprehensive tie-down 
    criteria.
        No comments were received on the proposals for this section, and it 
    is adopted as proposed.
    
    Section 23.441  Maneuvering Loads
    
        The FAA proposed to revise Sec. 23.441(b) to include a new design 
    requirement for the vertical tail of a commuter category airplane.
        Comment: The JAA comments that while the intent of the proposed 
    requirement is the same as the comparable requirement in JAR 23, the 
    wording is different. The JAA reported that the FAA proposed final rule 
    version will be considered for full harmonization by the JAA through 
    NPA action once the final rule is published.
        FAA Response: The proposal is adopted as proposed.
    
    Section 23.443  Gust Loads
    
        The FAA proposed to revise Sec. 23.443(c) by changing the format of 
    the formula, revising the definition of weight (``W''), and correcting 
    the subscripts of the distance to the lift center, (``lvt''). The 
    current definition reads ``W=airplane weight (lbs.).'' The new 
    definition reads ``W=the applicable weight of the airplane in the 
    particular load case (lbs.).'' These changes are for clarity.
        No comments were received on the proposal for this section, and it 
    is adopted as proposed.
    
    Sections 23.455  Ailerons
    
        The FAA proposed to amend the heading the precedes Sec. 23.455 by 
    deleting the term ``Wing Flaps'' so that the heading reads ``AILERONS 
    AND SPECIAL DEVICES.'' This change would reflect the deletion of the 
    wing flap requirements from Sec. 23.457 and their placement in 
    Sec. 23.345.
        No comments were received on this proposal, and it is adopted as 
    proposed.
    
    Section 23.457  Wing Flaps
    
        The FAA proposed to delete this section. As discussed under 
    Sec. 23.345, above, the wing flap requirements have been revised and 
    consolidated in Sec. 23.345 to group these requirements together.
        No comments were received on the proposal for this section, and it 
    is adopted as proposed.
    
    Section 23.473  Ground Load Conditions and Assumptions
    
        The FAA proposed to revise Sec. 23.473(c)(1) to change the 
    incorrect reference to ``Sec. 23.67 (a) or (b)(1)'' to ``Sec. 23.67 
    (b)(1) or (c).''
    
    [[Page 5141]]
    
        Because the FAA intended that turbine powered airplanes be included 
    in Sec. 23.473(c)(1), since these airplanes are required to be ``climb 
    positive'' with one engine inoperative, the FAA proposed that 
    Sec. 23.473(c)(1) also reference Sec. 23.67(c). The FAA also determined 
    that to achieve the intent described, Sec. 23.473(c)(1) should also 
    reference Sec. 23.67 (b)(1) or (c).
        The FAA also proposed to revise paragraph (f), which addresses 
    energy absorption tests, to parallel the language of JAR 23.473(f). No 
    substantive change from current paragraph (f) was proposed.
        No comments were received on the proposals for this section, and 
    they are adopted as proposed.
    
    Section 23.497  Supplementary Conditions for Tail Wheels
    
        The FAA proposed a new Sec. 23.497(c) to relocate tail wheel, 
    bumper, or energy absorption device design standards for airplanes with 
    aft-mounted propellers. These requirements currently exist in 
    Sec. 23.925(b). They are being moved because the FAA determined that 
    certain portions of the design standards for these devices more 
    properly belong in Subpart C--Structure.
        No comments were received on the proposal for this section, and it 
    is adopted as proposed.
    
    Section 23.499  Supplementary Conditions for Nose Wheels
    
        The FAA proposed to add new paragraphs (d) and (e) to Sec. 23.499 
    to establish nose wheel conditions for airplanes with a steerable nose 
    wheel controlled by hydraulic or other power and for airplanes with a 
    steerable wheel that has a direct mechanical connection to the rudder 
    pedals.
        Comment: The JAA comments that the phrase ``has a mechanical 
    connection to the rudder pedals'' in proposed paragraph (e), absent 
    appropriate advisory material, could be interpreted to require 
    different technical solutions than the comparable wording in JAR 23, 
    ``directly connected mechanically to the rudder pedals.''
        FAA Response: The FAA agrees that the proposed language in 
    paragraph (e) requires clarification; in the final rule, the word 
    ``direct'' is inserted before the word ``mechanical''. Also, the last 
    phrase of paragraph (e) is revised to read ``the mechanism must be 
    designed to withstand the steering torque for the maximum pilot forces 
    specified in Sec. 23.397(b).''
        This proposal is adopted with the above changes to paragraph (e).
    
    Section 23.521  Water Load Conditions
    
        The FAA proposed to amend Sec. 23.521 by deleting paragraph (c), 
    which deals with previously approved floats, because the FAA agreed 
    with the JAA that the requirements of paragraph (c) are covered by the 
    general requirements of paragraph (a).
        No comments were received on the proposal for this section, and it 
    is adopted as proposed.
    
    Section 23.561  General
    
        The FAA proposed to amend Sec. 23.561 by revising paragraphs (b) 
    and (d), and adding a new paragraph (e). These changes simplify, 
    clarify, and ``add references * * * to ensure.'' The FAA proposed to 
    revise paragraph (b), concerning occupant protection, to make it 
    correspond to 14 CFR part 25 and JAR 25 that cover large airplanes. The 
    proposed revision of paragraph (d), concerning turnovers would simplify 
    and clarify the requirements without making substantive changes. The 
    FAA proposed a new paragraph (e) to ensure that items of mass that 
    could injure an occupant are retained by the supporting structure.
        No comments were received on the proposals for this section, and 
    they are adopted as proposed.
    
    Section 23.571  Metallic Pressurized Cabin Structures
    
        The FAA proposed to revise Sec. 23.571 by changing the heading from 
    ``Pressurized cabin'' to ``Metallic pressurized cabin structures'' 
    because nonmetallic structure is addressed in Sec. 23.573(a). The FAA 
    proposed to revise the introductory text to limit the applicability to 
    normal, utility, and acrobatic categories because commuter category 
    airplanes are addressed separately. The FAA proposed to revise 
    paragraph (a) to require the fatigue strength investigation to show 
    that the structure can withstand repeated loads of variable magnitude 
    expected in service.
        Comment: The JAA comments that the JAR will be revised to delete 
    commuter category airplanes from this section. Kal-Aero comments that a 
    literal interpretation of the proposed changes to Secs. 23.571 and 
    23.572 ``would require that every subsequent modification to an 
    aircraft have a fatigue program to substantiate each major repair or 
    alteration.'' Kal-Aero states that this change is both uneconomical 
    (Kal-Aero estimates a part 23 fatigue test could cost at least $20 
    million per certification) and is unnecessary.
        FAA Response: The FAA does not agree that the proposed rule 
    language would require the result suggested by Kal-Aero. The intent is 
    to provide that there be some test evidence to verify the analysis 
    validity. The amount of test evidence needed would depend on the 
    complexity of the design. The FAA points out that this evidence would 
    be required only when fatigue analysis is used to satisfy the type 
    certification requirements.
        The proposals for this section are adopted as proposed.
    
    Section 23.572  Metallic Wing, Empennage, and Associated Structures
    
        The FAA proposed to revise the section heading to add the word 
    ``metallic,'' to revise paragraph (a) to limit the applicability to 
    normal, utility, and acrobatic category airplanes, and to make minor 
    editorial changes. Paragraph (a)(1) would be revised to harmonize with 
    JAR 23 by requiring tests, or analysis supported by test evidence, as 
    discussed under Sec. 23.571 of this preamble.
        The only comment received on this section is from Kal-Aero, and 
    applies to this section and to Sec. 23.571. The comment was discussed 
    under Sec. 23.571.
        The proposals are adopted as proposed.
    
    Section 23.573  Damage Tolerance and Fatigue Evaluation of Structure
    
        The FAA proposed to amend Sec. 23.573(a)(5) to make clear that the 
    limit load capacity of a bonded joint must be substantiated only if the 
    failure of the bonded joint would result in catastrophic loss of the 
    airplane.
        The FAA proposed to delete Sec. 23.573(c) because its requirements 
    for inspections and other procedures were proposed to be moved to 
    Sec. 23.575.
        No comments were received on the proposals for this section, and 
    they are adopted as proposed.
    
    Section 23.574  Metallic Damage Tolerance and Fatigue Evaluation of 
    Commuter Category Airplanes
    
        The FAA proposed to add a new Sec. 23.574 that addresses damage 
    tolerance and fatigue evaluation requirements for commuter category 
    airplanes. As discussed previously, Secs. 23.571 and 23.572 are being 
    revised to clarify that these sections apply only to normal, utility, 
    and acrobatic category airplanes. Newly type certificated commuter 
    category airplanes would have to meet proposed Sec. 23.574 instead of 
    Secs. 23.571 and 23.572.
        The only comment received on this proposed new section is a JAA 
    statement that this change will be considered for JAR 23. The proposal 
    is adopted as proposed.
    
    [[Page 5142]]
    
    
    Section 23.575  Inspections and Other Procedures
    
        The FAA proposed to add a new Sec. 23.575 to clarify that airplane 
    manufacturers are required to provide recommendations for inspections 
    frequencies, locations, and methods when a design is approved by the 
    FAA, and that these items must be included in the Limitations Section 
    of the Instructions for Continued Airworthiness required by 
    Sec. 23.1529.
        The requirements of Sec. 23.573(c) would be moved to Sec. 23.575 
    and the requirements are made applicable to Secs. 23.571, 23.572, 
    23.573 and 23.574.
        The only comment on this proposed new section is a JAA statement 
    that this change will be considered for JAR 23. The proposals are 
    adopted as proposed.
    
    Section 23.607  Fasteners
    
        The FAA proposed to amend Sec. 23.607 by changing the section 
    heading, by redesignating the existing text as paragraph (c), and by 
    adding new paragraphs (a) and (b), as outlined in the NPRM.
        Comment: Transport Canada comments that it is possible the language 
    of proposed paragraph (a) could be interpreted to mean that compliance 
    is satisfied by the use of a self-locking nut alone in certain 
    situations, such as when a bolt is not subject to rotation. Transport 
    Canada suggests adopting the wording of Sec. 27.607, which requires 
    ``two separate locking devices'' when the loss of a removable bolt, 
    screw, nut, pin or other fastener would jeopardize the safe operation 
    of the aircraft.
        FAA Response: The FAA agrees that the proposed language of 
    paragraph (a) could be misinterpreted and that the intent of the 
    section would be clearer if language comparable to Sec. 27.607 is used. 
    Also, the FAA finds that the section is clearer if it addresses all 
    removable fasteners without specific mention of bolts, screws, nuts, 
    pins, etc. Accordingly, paragraph (a) has been revised to read ``Each 
    removable fastener must incorporate two retaining devices if the loss 
    of such fastener would preclude continued safe flight and landing'' in 
    the final rule.
        This proposal is adopted with the noted change to paragraph (a).
    
    Section 23.611  Accessibility Provisions
    
        The FAA proposed to amend Sec. 23.611 to require that, for any part 
    requiring maintenance, such as an inspection or other servicing, there 
    must be a means of access incorporated into the aircraft design to 
    allow this servicing to be accomplished. The FAA pointed out in the 
    NPRM that whether the access provided is appropriate in a particular 
    case will depend on the nature of the item and the frequency and 
    complexity of the required inspection or maintenance actions.
        The only comment received on this proposed change is a JAA 
    statement that this change will be considered for the JAR. The proposal 
    is adopted as proposed.
    
    Section 23.629  Flutter
    
        The FAA proposed to revise Sec. 23.629 to require either flight 
    flutter tests and rational analysis, or flight flutter tests and 
    compliance with the FAA's ``Simplified Flutter Prevention Criteria.'' 
    Section 23.629 currently requires flutter substantiation by only one of 
    three methods: A rational analysis, flight flutter test, or compliance 
    with the ``Simplified Flutter Prevention Criteria.''
        The FAA also proposed to revise paragraph (d)(3)(i) to change the 
    phrase ``T-tail or boom tail'' to ``T-tail or other unconventional tail 
    configurations'' to be more inclusive and to represent the standard 
    used in current certification. The FAA also proposed to harmonize with 
    JAR 23 by amending paragraphs 23.629 (g) and (h) to remove the ``or 
    test'' phrase to require that substantiation be done only by analysis. 
    The FAA proposed a new paragraph (i) that would allow freedom from 
    flutter to be shown by tests (under paragraph (a)) or by analysis alone 
    if that analysis is based on previously approved data for an airplane 
    that has undergone modification that could affect its flutter 
    characteristics.
        No comments were received on the proposals for this section, and 
    they are adopted as proposed.
    
    Section 23.657  Hinges
    
        The FAA proposed to amend Sec. 23.657 by deleting paragraph (c) 
    that covers loads parallel to the hinge line because it would be 
    covered in proposed Sec. 23.393.
        No comments were received on the proposal for this section, and it 
    is adopted as proposed.
    
    Section 23.673  Primary Flight Controls
    
        The FAA proposed to revise Sec. 23.673 to delete the requirements 
    for two-control airplanes consistent with actions being taken in the 
    proposed rule on flight requirements for part 23 airplanes (Docket No. 
    27807, Notice No. 94-22; (59 FR 37878, July 25, 1994)) that affect 
    Secs. 23.177 and 23.201. The two-control requirements are considered 
    obsolete. Additionally, harmonization with JAR 23 would be accomplished 
    by this action.
        No comments were received on the proposal for this section, and it 
    is adopted as proposed.
    
    Section 23.725  Limit Drop Tests
    
        The FAA proposed to amend the effective weight equation in 
    Sec. 23.725(b) by adding mathematical brackets to the numerator and 
    parentheses to the denominator to clarify the equation.
        No comments were received on the proposal for this section, and it 
    is adopted as proposed.
    
    Section 23.755  Hulls
    
        The FAA proposed to amend Sec. 23.755 by deleting paragraph (b), 
    which provides, that hulls of hull seaplanes or amphibians of less than 
    1,500 pounds need not be compartmented, because paragraph (b) is 
    redundant. The applicable requirements are contained in paragraph (a). 
    The FAA also proposed to redesignate paragraph (c) as new paragraph (b) 
    and to edit it for clarification.
        No comments were received on the proposals for this section, and 
    they are adopted as proposed.
    
    Section 23.865  Fire Protection of Flight Controls, Engine Mounts, and 
    Other Flight Structures
    
        The FAA proposed to revise Sec. 23.865 by changing the words 
    ``engine compartment'' to ``designated fire zones'' for consistency 
    with recent revisions to Secs. 23.1203 and 23.1181. The proposed 
    revision would also add the phrase ``adjacent areas that would be 
    subjected to the effects of fire in the designated fire zones.''
        Comment: The JAA agrees that the technical intent of proposed 
    Sec. 23.865 is similar to the JAR 23 requirement. Changes to JAR 23 to 
    adopt the terms proposed in this part 23 section are being considered 
    by the JAA.
        FAA Response: No substantive comment was received, and the 
    proposals are adopted as proposed.
    
    Section 23.925  Propeller Clearance
    
        The FAA proposed to amend Sec. 23.925(b), Aft mounted propellers, 
    by removing the requirements on tail wheels, bumpers, and energy 
    absorption devices and moving them to Sec. 23.497, Supplementary 
    conditions for tail wheels, as discussed as discussed above. The FAA 
    also proposed to delete the inspection and replacement criteria for 
    tail wheel, bumper, and energy absorption devices because the 
    inspection and replacement requirements are stated in Sec. 23.1529.
        No comments were received on the proposals for this section, and 
    they are adopted as proposed.
    
    [[Page 5143]]
    
    
    Appendix A
    
        The FAA proposed to revise three areas of Appendix A: (1) A23.1 
    General; (2) A23.11 Control surface loads, paragraph (c), Surface 
    loading conditions; and (3) Table 2--Average limit control surface 
    loading. The FAA proposed to add a new figure to Appendix A: Figure A7, 
    Chordwise load distribution for stabilizer and elevator, or fin and 
    rudder. The revisions specify the configurations for which the wing and 
    tail surface loads, required by A23.7, are valid. The FAA discovered a 
    need for a clarification change in paragraph A23.a(a)(1) during the 
    post comment review period. The words ``excluding turbine powerplants'' 
    are clearer than the words ``excluding turbines.'' This revision is 
    included in the final rule to more clearly convey the intended meaning.
        No comments were received on the proposals for Appendix A, and they 
    are adopted with the change explained above.
    
    Final Regulatory Evaluation, Final Regulatory Flexibility 
    Determination, and Trade Impact Assessment
    
        Changes to Federal regulations must undergo several economic 
    analyses. First, Executive Order 12866 directs Federal agencies to 
    promulgate new regulations only if the potential benefits to society 
    justify its costs. Second, the Regulatory Flexibility Act of 1980 
    requires agencies to analyze the economic impact of regulatory changes 
    on small entities. Finally, the Office of Management and Budget directs 
    agencies to assess the effects of regulatory changes on international 
    trade. In conducting these assessments, the FAA has determined that 
    this rule: (1) Will generate benefits exceeding its costs and is 
    ``significant'' as defined in the Executive Order; (2) is 
    ``significant'' as defined in DOT's Policies and Procedures; (3) will 
    not have a significant impact on a substantial number of small 
    entities; and (4) will not constitute a barrier to international trade. 
    These analyses, available in the docket, are summarized below.
    
    Comments Related to the Economics of the Proposed Rule
    
        Two comments were received regarding the economic impact of the 
    proposals; one concerning Sec. 23.571, Metallic pressurized cabin 
    structures, and one concerning Sec. 23.572, Metallic wing, empennage, 
    and associated structures. Both of these comments, as well as the FAA's 
    responses, are included in the section ``Discussion of Amendments.''
    
    Regulatory Evaluation Summary
    
        The FAA has identified 6 sections that will result in additional 
    compliance costs, totalling between $10,000 and $17,000 per 
    certification. When amortized over a production run, these costs will 
    have a negligible impact on airplane price, less than $100 per 
    airplane.
        The primary benefit of the rule will be the cost efficiencies of 
    harmonization with the JAR for those manufacturers that market 
    airplanes in JAA countries as well as to manufacturers in JAA countries 
    that market airplanes in the United States. Other benefits of the rule 
    will be decreased reliance on special conditions, simplification of the 
    certification process through clarification of existing requirements, 
    and increased flexibility through optional designs.
    
    Regulatory Flexibility Determination
    
        The Regulatory Flexibility Act of 1980 (RFA) was enacted by 
    Congress to ensure that small entities are not unnecessarily and 
    disproportionately burdened by Federal regulations. The RFA requires a 
    Regulatory Flexibility Analysis if a rule will have a significant 
    economic impact, either detrimental or beneficial, on a substantial 
    number of small entities. Based on FAA Order 2100.14A, Regulatory 
    Flexibility Criteria and Guidance, the FAA has determined that the rule 
    will not have a significant economic impact on a substantial number of 
    small entities.
    
    International Trade Impact Assessment
    
        The rule will not constitute a barrier to international trade, 
    including the export of U.S. goods and services to foreign countries 
    and the import of foreign goods and services into the United States. 
    Instead, the airframe certification procedures have been harmonized 
    with those of the JAA and will lessen restraints on trade.
    
    Federalism Implications
    
        The regulations herein would not have substantial direct effects on 
    the States, on the relationship between the national government and the 
    States, or on the distribution of power and responsibilities among the 
    various levels of government. Therefore, in accordance with Executive 
    Order 12612, it is determined that this rule does not have sufficient 
    federalism implications to warrant the preparation of a Federalism 
    Assessment.
    
    Conclusion
    
        The FAA is revising the airframe airworthiness standards for 
    normal, utility, acrobatic, and commuter category airplanes to 
    harmonize them with the standards that were published for the same 
    categories of airplanes by the Joint Airworthiness Authorities in 
    Europe. The revisions reduce the regulatory burden on United States and 
    European airplane manufacturers by relieving them of the need to show 
    compliance with different standards each time they seek certification 
    approval of an airplane in the United States or in a country that is a 
    member of the JAA.
        For the reasons discussed in the preamble, and based on the 
    findings in the Regulatory Evaluation, the FAA has determined that this 
    rule is not significant under Executive Order 12866. In addition, the 
    FAA certifies that this rule will not have a significant economic 
    impact on a substantial number of small entities under the criteria of 
    the Regulatory Flexibility Act. This rule is considered not significant 
    under DOT Regulatory Policies and Procedures (44 FR 11034, February 26, 
    1979). A regulatory evaluation of the rule has been placed in the 
    docket. A copy may be obtained by contacting the person identified 
    under FOR FURTHER INFORMATION CONTACT.
    
    List of Subjects in 14 CFR Part 23
    
        Aircraft, Aviation safety, Signs and symbols.
    
    The Amendments
    
        In consideration of the foregoing, the Federal Aviation 
    Administration amends 14 CFR part 23 as follows:
    
    PART 23--AIRWORTHINESS STANDARDS: NORMAL, UTILITY, ACROBATIC, AND 
    COMMUTER CATEGORY AIRPLANES
    
        1. The authority citation for part 23 continues to read as follows:
    
        Authority: 49 U.S.C. 106(g), 40013, 44701, 44702, 44704.
    
        2. Section 23.301(d) is revised to read as follows:
    
    
    Sec. 23.301  Loads.
    
    * * * * *
        (d) Simplified structural design criteria may be used if they 
    result in design loads not less than those prescribed in Secs. 23.331 
    through 23.521. For airplane configurations described in appendix A, 
    Sec. 23.1, the design criteria of appendix A of this part are an 
    approved equivalent of Secs. 23.321 through 23.459. If appendix A of 
    this part is used, the entire appendix must be substituted for the 
    corresponding sections of this part.
        3. Section 23.335 is amended by revising paragraph (a)(1); by 
    removing the period and adding ``; and either--'' 
    
    [[Page 5144]]
    to the end of paragraph (b)(4)(i); by revising paragraph (b)(4)(ii); by 
    adding a new paragraph (b)(4)(iii); and by revising the introductory 
    text of paragraph (d)(1) to read as follows:
    
    
    Sec. 23.335  Design airspeeds.
    
    * * * * *
        (a) * * *
        (1) Where W/S'=wing loading at the design maximum takeoff weight, 
    Vc (in knots) may not be less than--
        (i) 33 (W/S) (for normal, utility, and commuter category 
    airplanes);
        (ii) 36 (W/S) (for acrobatic category airplanes).
    * * * * *
        (b) * * *
        (4) * * *
        (ii) Mach 0.05 for normal, utility, and acrobatic category 
    airplanes (at altitudes where MD is established); or
        (iii) Mach 0.07 for commuter category airplanes (at altitudes where 
    MD is established) unless a rational analysis, including the 
    effects of automatic systems, is used to determine a lower margin. If a 
    rational analysis is used, the minimum speed margin must be enough to 
    provide for atmospheric variations (such as horizontal gusts), and the 
    penetration of jet streams or cold fronts), instrument errors, airframe 
    production variations, and must not be less than Mach 0.05.
    * * * * *
        (d) * * *
        (1) VB may not be less than the speed determined by the 
    intersection of the line representing the maximum positive lift, 
    CN MAX, and the line representing the rough air gust velocity on 
    the gust V-n diagram, or VS1 ng, whichever is less, 
    where:
    * * * * *
        4. Section 23.337(a)(1) is revised to read as follows:
    
    
    Sec. 23.337  Limit maneuvering load factors.
    
        (a) * * *
        (1) 2.1+(24,000(W+10,000)) for normal and commuter category 
    airplanes, where W=design maximum takeoff weight, except that n need 
    not be more than 3.8;
    * * * * *
        5. Section 23.341 is amended by redesignating existing paragraphs 
    (a) and (b) as paragraphs (b) and (c), respectively; by adding a new 
    paragraph (a); by revising the redesignated paragraph (b); and by 
    revising the introductory text, the formula, and the definition of ``W/
    S'' in the redesignated paragraph (c) to read as follows:
    
    
    Sec. 23.341  Gust loads factors.
    
        (a) Each airplane must be designed to withstand loads on each 
    lifting surface resulting from gusts specified in Sec. 23.333(c).
        (b) The gust load for a canard or tandem wing configuration must be 
    computed using a rational analysis, or may be computed in accordance 
    with paragraph (c) of this section, provided that the resulting net 
    loads are shown to be conservative with respect to the gust criteria of 
    Sec. 23.333(c).
        (c) In the absence of a more rational analysis, the gust load 
    factors must be computed as follows--
    [GRAPHIC] [TIFF OMMITTED] TR09FE96.010
    
    * * * * *
    W/S=Wing loading (p.s.f.) due to the applicable weight of the airplane 
    in the particular load case.
    * * * * *
        6. A new Sec. 23.343 is added to read as follows:
    
    
    Sec. 23.343  Design fuel loads.
    
        (a) The disposable load combinations must include each fuel load in 
    the range from zero fuel to the selected maximum fuel load.
        (b) If fuel is carried in the wings, the maximum allowable weight 
    of the airplane without any fuel in the wing tank(s) must be 
    established as ``maximum zero wing fuel weight,'' if it is less than 
    the maximum weight.
        (c) For commuter category airplanes, a structural reserve fuel 
    condition, not exceeding fuel necessary for 45 minutes of operation at 
    maximum continuous power, may be selected. If a structural reserve fuel 
    condition is selected, it must be used as the minimum fuel weight 
    condition for showing compliance with the flight load requirements 
    prescribed in this part and--
        (1) The structure must be designed to withstand a condition of zero 
    fuel in the wing at limit loads corresponding to:
        (i) Ninety percent of the maneuvering load factors defined in 
    Sec. 23.337, and
        (ii) Gust velocities equal to 85 percent of the values prescribed 
    in Sec. 23.333(c).
        (2) The fatigue evaluation of the structure must account for any 
    increase in operating stresses resulting from the design condition of 
    paragraph (c)(1) of this section.
        (3) The flutter, deformation, and vibration requirements must also 
    be met with zero fuel in the wings.
        7. Section 23.345 is revised to read as follows:
    
    
    Sec. 23.345  High lift devices.
    
        (a) If flaps or similar high lift devices are to be used for 
    takeoff, approach or landing, the airplane, with the flaps fully 
    extended at VF, is assumed to be subjected to symmetrical 
    maneuvers and gusts within the range determined by--
        (1) Maneuvering, to a positive limit load factor of 2.0; and
        (2) Positive and negative gust of 25 feet per second acting normal 
    to the flight path in level flight.
        (b) VF must be assumed to be not less than 1.4 VS or 1.8 
    VSF, whichever is greater, where--
        (1) VS is the computed stalling speed with flaps retracted at 
    the design weight; and
        (2) VSF is the computed stalling speed with flaps fully 
    extended at the design weight.
        (3) If an automatic flap load limiting device is used, the airplane 
    may be designed for the critical combinations of airspeed and flap 
    position allowed by that device.
        (c) In determining external loads on the airplane as a whole, 
    thrust, slipstream, and pitching acceleration may be assumed to be 
    zero.
        (d) The flaps, their operating mechanism, and their supporting 
    structures, must be designed to withstand the conditions prescribed in 
    paragraph (a) of this section. In addition, with the flaps fully 
    extended at VF, the following conditions, taken separately, must 
    be accounted for:
        (1) A head-on gust having a velocity of 25 feet per second (EAS), 
    combined with propeller slipstream corresponding to 75 percent of 
    maximum continuous power; and
        (2) The effects of propeller slipstream corresponding to maximum 
    takeoff power.
        8. Section 23.347 is amended by designating the existing text as 
    paragraph (a) and by adding a new paragraph (b) to read as follows:
    
    
    Sec. 23.347  Unsymmetrical flight conditions.
    
    * * * * *
        (b) Acrobatic category airplanes certified for flick maneuvers 
    (snap roll) must be designed for additional asymmetric loads acting on 
    the wing and the horizontal tail.
        9. Section 23.349(a)(2) is revised to read as follows:
    
    
    Sec. 23.349  Rolling conditions.
    
    * * * * *
        (a) * * *
        (2) For normal, utility, and commuter categories, in Condition A, 
    assume that 100 percent of the semispan wing airload acts on one side 
    of the airplane and 75 percent of this load acts on the other side.
    * * * * *
        10. Section 23.369(a) is revised to read as follows:
        
    [[Page 5145]]
    
    
    
    Sec. 23.369  Rear lift truss.
    
        (a) If a rear lift truss is used, it must be designed to withstand 
    conditions of reversed airflow at a design speed of--
        V = 8.7 (W/S) + 8.7 (knots), where W/S = wing loading at 
    design maximum takeoff weight.
    * * * * *
        11. Section 23.371 is revised to read as follows:
    
    
    Sec. 23.371  Gyroscopic and aerodynamic loads.
    
        (a) Each engine mount and its supporting structure must be designed 
    for the gyroscopic, inertial, and aerodynamic loads that result, with 
    the engine(s) and propeller(s), if applicable, at maximum continuous 
    r.p.m., under either:
        (1) The conditions prescribed in Sec. 23.351 and Sec. 23.423; or
        (2) All possible combinations of the following--
        (i) A yaw velocity of 2.5 radians per second;
        (ii) A pitch velocity of 1.0 radian per second;
        (iii) A normal load factor of 2.5; and
        (iv) Maximum continuous thrust.
        (b) For airplanes approved for aerobatic maneuvers, each engine 
    mount and its supporting structure must meet the requirements of 
    paragraph (a) of this section and be designed to withstand the load 
    factors expected during combined maximum yaw and pitch velocities.
        (c) For airplanes certificated in the commuter category, each 
    engine mount and its supporting structure must meet the requirements of 
    paragraph (a) of this section and the gust conditions specified in 
    Sec. 23.341 of this part.
    
    
    Sec. 23.391  [Amended]
    
        12. Section 23.391 is amended by removing paragraph (b) and 
    removing the designation of ``(a)'' from the remaining text.
        13. A new Sec. 23.393 is added to read as follows:
    
    
    Sec. 23.393  Loads parallel to hinge line.
    
        (a) Control surfaces and supporting hinge brackets must be designed 
    to withstand inertial loads acting parallel to the hinge line.
        (b) In the absence of more rational data, the inertial loads may be 
    assumed to be equal to KW, where--
        (1) K = 24 for vertical surfaces;
        (2) K = 12 for horizontal surfaces; and
        (3) W = weight of the movable surfaces.
        14. Section 23.399 is revised to read as follows:
    
    
    Sec. 23.399  Dual control system.
    
        (a) Each dual control system must be designed to withstand the 
    force of the pilots operating in opposition, using individual pilot 
    forces not less than the greater of--
        (1) 0.75 times those obtained under Sec. 23.395; or
        (2) The minimum forces specified in Sec. 23.397(b).
        (b) Each dual control system must be designed to withstand the 
    force of the pilots applied together, in the same direction, using 
    individual pilot forces not less than 0.75 times those obtained under 
    Sec. 23.395.
        15. Section 23.415 is amended by revising paragraphs (a)(2) and (c) 
    to read as follows:
    
    
    Sec. 23.415  Ground gust conditions.
    
        (a) * * *
        (2) If pilot forces less than the minimums specified in 
    Sec. 23.397(b) are used for design, the effects of surface loads due to 
    ground gusts and taxiing downwind must be investigated for the entire 
    control system according to the formula:
    
    H = K c S q
    
    where--
    H = limit hinge moment (ft.-lbs.);
    c = mean chord of the control surface aft of the hinge line (ft.);
    S = area of control surface aft of the hinge line (sq. ft.);
    q = dynamic pressure (p.s.f.) based on a design speed not less than 
    14.6 (W/S) + 14.6 (f.p.s.) where W/S = wing loading at design 
    maximum weight, except that the design speed need not exceed 88 
    (f.p.s.);
    K = limit hinge moment factor for ground gusts derived in paragraph (b) 
    of this section. (For ailerons and elevators, a positive value of K 
    indicates a moment tending to depress the surface and a negative value 
    of K indicates a moment tending to raise the surface).
    * * * * *
        (c) At all weights between the empty weight and the maximum weight 
    declared for tie-down stated in the appropriate manual, any declared 
    tie-down points and surrounding structure, control system, surfaces and 
    associated gust locks, must be designed to withstand the limit load 
    conditions that exist when the airplane is tied down and that result 
    from wind speeds of up to 65 knots horizontally from any direction.
        16. Section 23.441 is amended by revising paragraph (a)(2) and 
    adding a new paragraph (b) to read as follows.
    
    
    Sec. 23.441  Maneuvering loads.
    
        (a) * * *
        (2) With the rudder deflected as specified in paragraph (a)(1) of 
    this section, it is assumed that the airplane yaws to the overswing 
    sideslip angle. In lieu of a rational analysis, an overswing angle 
    equal to 1.5 times the static sideslip angle of paragraph (a)(3) of 
    this section may be assumed.
    * * * * *
        (b) For commuter category airplanes, the loads imposed by the 
    following additional maneuver must be substantiated at speeds from 
    VA to VD/MD. When computing the tail loads--
        (1) The airplane must be yawed to the largest attainable steady 
    state sideslip angle, with the rudder at maximum deflection caused by 
    any one of the following:
        (i) Control surface stops;
        (ii) Maximum available booster effort;
        (iii) Maximum pilot rudder force as shown below:
    
    BILLING CODE 4910-13-M
    
    [[Page 5146]]
    [GRAPHIC] [TIFF OMMITTED] TR09FE96.006
    
    
    
    BILLING CODE 4910-13-C
    
    [[Page 5147]]
    
        (2) The rudder must be suddenly displaced from the maximum 
    deflection to the neutral position.
    * * * * *
        17. Section 23.443(c) is revised to read as follows:
    
    
    Sec. 23.443   Gust loads.
    
    * * * * *
        (c) In the absence of a more rational analysis, the gust load must 
    be computed as follows:
    [GRAPHIC] [TIFF OMMITTED] TR09FE96.000
    
    Where--
    
    Lvt=Vertical surface loads (lbs.);
    [GRAPHIC] [TIFF OMMITTED] TR09FE96.001
    
    [GRAPHIC] [TIFF OMMITTED] TR09FE96.002
    
    Ude=Derived gust velocity (f.p.s.);
    =Air density (slugs/cu.ft.);
    W=the applicable weight of the airplane in the particular load case 
    (lbs.);
    Svt=Area of vertical surface (ft.2);
    ct=Mean geometric chord of vertical surface (ft.);
    avt=Lift curve slope of vertical surface (per radian);
    K=Radius of gyration in yaw (ft.);
    lvt=Distance from airplane c.g. to lift center of vertical surface 
    (ft.);
    g=Acceleration due to gravity (ft./sec.2); and
    V=Equivalent airspeed (knots).
    
        18. The center heading ``AILERONS, WING FLAPS, AND SPECIAL 
    DEVICES'' that appears between Secs. 23.445 and 23.455 is revised to 
    read ``Ailerons and Special Devices''.
    
    
    Sec. 23.457   [Removed]
    
        19. Section 23.457 is removed.
        20. Section 23.473 is amended by revising paragraphs (c)(1) and (f) 
    to read as follows:
    
    
    Sec. 23.473   Ground load conditions and assumptions.
    
    * * * * *
        (c) * * *
        (1) The airplane meets the one-engine-inoperative climb 
    requirements of Sec. 23.67(b)(1) or (c); and
    * * * * *
        (f) If energy absorption tests are made to determine the limit load 
    factor corresponding to the required limit descent velocities, these 
    tests must be made under Sec. 23.723(a).
    * * * * *
        21. Section 23.497 is amended by adding a new paragraph (c) to read 
    as follows:
    
    
    Sec. 23.497   Supplementary conditions for tail wheels.
    
    * * * * *
        (c) If a tail wheel, bumper, or an energy absorption device is 
    provided to show compliance with Sec. 23.925(b), the following apply:
        (1) Suitable design loads must be established for the tail wheel, 
    bumper, or energy absorption device; and
        (2) The supporting structure of the tail wheel, bumper, or energy 
    absorption device must be designed to withstand the loads established 
    in paragraph (c)(1) of this section.
        22. Section 23.499 is amended by adding new paragraphs (d) and (e) 
    to read as follows:
    
    
    Sec. 23.499  Supplementary conditions for nose wheels.
    
    * * * * *
        (d) For airplanes with a steerable nose wheel that is controlled by 
    hydraulic or other power, at design takeoff weight with the nose wheel 
    in any steerable position, the application of 1.33 times the full 
    steering torque combined with a vertical reaction equal to 1.33 times 
    the maximum static reaction on the nose gear must be assumed. However, 
    if a torque limiting device is installed, the steering torque can be 
    reduced to the maximum value allowed by that device.
        (e) For airplanes with a steerable nose wheel that has a direct 
    mechanical connection to the rudder pedals, the mechanism must be 
    designed to withstand the steering torque for the maximum pilot forces 
    specified in Sec. 23.397(b).
    
    
    Sec. 23.521  [Amended]
    
        23. Section 23.521 is amended by removing paragraph (c).
        24. Section 23.561 is amended by revising paragraph (b) 
    introductory text; by revising paragraphs (d)(1); and by adding a new 
    paragraph (e) to read as follows:
    
    
    Sec. 23.561  General.
    
    * * * * *
        (b) The structure must be designed to give each occupant every 
    reasonable chance of escaping serious injury when--
    * * * * *
        (d) * * *
        (1) * * *
        (i) The most adverse combination of weight and center of gravity 
    position;
        (ii) Longitudinal load factor of 9.0g;
        (iii) Vertical load factor of 1.0g; and
        (iv) For airplanes with tricycle landing gear, the nose wheel strut 
    failed with the nose contacting the ground.
    * * * * *
        (e) Except as provided in Sec. 23.787(c), the supporting structure 
    must be designed to restrain, under loads up to those specified in 
    paragraph (b)(3) of this section, each item of mass that could injure 
    an occupant if it came loose in a minor crash landing.
        25. Section 23.571 is amended by revising the heading, the 
    introductory text, and paragraph (a), to read as follows:
    
    
    Sec. 23.571  Metallic pressurized cabin structures.
    
        For normal, utility, and acrobatic category airplanes, the 
    strength, detail design, and fabrication of the metallic structure of 
    the pressure cabin must be evaluated under one of the following:
        (a) A fatigue strength investigation in which the structure is 
    shown by tests, or by analysis supported by test evidence, to be able 
    to withstand the repeated loads of variable magnitude expected in 
    service; or
    * * * * *
        26. Section 23.572 is amended by revising the heading; by revising 
    paragraph (a) introductory text; and by revising paragraph (a)(1) to 
    read as follows:
    
    
    Sec. 23.572  Metallic wing, empennage, and associated structures.
    
        (a) For normal, utility, and acrobatic category airplanes, the 
    strength, detail design, and fabrication of those parts of the airframe 
    structure whose failure would be catastrophic must be evaluated under 
    one of the following unless it is shown that the structure, operating 
    stress level, materials and expected uses are comparable, from a 
    fatigue standpoint, to a similar design that has had extensive 
    satisfactory service experience:
        (1) A fatigue strength investigation in which the structure is 
    shown by tests, or by analysis supported by test evidence, to be able 
    to withstand the repeated loads of variable magnitude expected in 
    service; or
    * * * * *
        27. Section 23.573 is amended by removing the reference in 
    paragraph (b) ``Sec. 23.571(c)'' and adding the reference 
    ``Sec. 23.571(a)(3)'' in its place; by removing paragraph (c); and by 
    revising the introductory text of paragraph (a)(5) to read as follows:
    
    
    Sec. 23.573  Damage tolerance and fatigue evaluation of structure.
    
        (a) * * *
        
    [[Page 5148]]
    
        (5) For any bonded joint, the failure of which would result in 
    catastrophic loss of the airplane, the limit load capacity must be 
    substantiated by one of the following methods--
    * * * * *
        28. A new Sec. 23.574 is added to read as follows:
    
    
    Sec. 23.574  Metallic damage tolerance and fatigue evaluation of 
    commuter category airplanes.
    
        For commuter category airplanes--
        (a) Metallic damage tolerance. An evaluation of the strength, 
    detail design, and fabrication must show that catastrophic failure due 
    to fatigue, corrosion, defects, or damage will be avoided throughout 
    the operational life of the airplane. This evaluation must be conducted 
    in accordance with the provisions of Sec. 23.573, except as specified 
    in paragraph (b) of this section, for each part of the structure that 
    could contribute to a catastrophic failure.
        (b) Fatigue (safe-life) evaluation. Compliance with the damage 
    tolerance requirements of paragraph (a) of this section is not required 
    if the applicant establishes that the application of those requirements 
    is impractical for a particular structure. This structure must be 
    shown, by analysis supported by test evidence, to be able to withstand 
    the repeated loads of variable magnitude expected during its service 
    life without detectable cracks. Appropriate safe-life scatter factors 
    must be applied.
        29. A new Sec. 23.575 is added to read as follows:
    
    
    Sec. 23.575  Inspections and other procedures.
    
        Each inspection or other procedure, based on an evaluation required 
    by Secs. 23.571, 23.572, 23.573 or 23.574, must be established to 
    prevent catastrophic failure and must be included in the Limitations 
    Section of the Instructions for Continued Airworthiness required by 
    Sec. 23.1529.
        30. Section 23.607 is revised to read as follows:
    
    
    Sec. 23.607  Fasteners.
    
        (a) Each removable fastener must incorporate two retaining devices 
    if the loss of such fastener would preclude continued safe flight and 
    landing.
        (b) Fasteners and their locking devices must not be adversely 
    affected by the environmental conditions associated with the particular 
    installation.
        (c) No self-locking nut may be used on any bolt subject to rotation 
    in operation unless a non-friction locking device is used in addition 
    to the self-locking device.
        31. Section 23.611 is revised to read as follows:
    
    
    Sec. 23.611  Accessibility provisions.
    
        For each part that requires maintenance, inspection, or other 
    servicing, appropriate means must be incorporated into the aircraft 
    design to allow such servicing to be accomplished.
        32. Section 23.629 is amended by revising the introductory text of 
    paragraph (a); by redesignating existing paragraphs (b) and (c) as 
    paragraphs (c) and (b); by revising the introductory text of newly 
    redesignated (b); by revising newly redesignated paragraph (c); by 
    revising paragraph (d)(3)(i); by revising paragraphs (g) and (h); and 
    by adding a new paragraph (i) to read as follows:
    
    
    Sec. 23.629  Flutter.
    
        (a) It must be shown by the methods of paragraph (b) and either 
    paragraph (c) or (d) of this section, that the airplane is free from 
    flutter, control reversal, and divergence for any condition of 
    operation within the limit V-n envelope and at all speeds up to the 
    speed specified for the selected method. In addition--
    * * * * *
        (b) Flight flutter tests must be made to show that the airplane is 
    free from flutter, control reversal and divergence and to show that--
    * * * * *
        (c) Any rational analysis used to predict freedom from flutter, 
    control reversal and divergence must cover all speeds up to 1.2 
    VD.
        (d) * * *
        (3) * * *
        (i) Does not have a T-tail or other unconventional tail 
    configurations;
    * * * * *
        (g) For airplanes showing compliance with the fail-safe criteria of 
    Secs. 23.571 and 23.572, the airplane must be shown by analysis to be 
    free from flutter up to VD/MD after fatigue failure, or 
    obvious partial failure, of a principal structural element.
        (h) For airplanes showing compliance with the damage tolerance 
    criteria of Sec. 23.573, the airplane must be shown by analysis to be 
    free from flutter up to VD/MD with the extent of damage for 
    which residual strength is demonstrated.
        (i) For modifications to the type design that could affect the 
    flutter characteristics, compliance with paragraph (a) of this section 
    must be shown, except that analysis based on previously approved data 
    may be used alone to show freedom from flutter, control reversal and 
    divergence, for all speeds up to the speed specified for the selected 
    method.
    
    
    Sec. 23.657  [Amended]
    
        33. Section 23.657 is amended by removing paragraph (c).
    
    
    Sec. 23.673  [Amended]
    
        34. Section 23.673 is amended by removing paragraph (b) and the 
    paragraph designation ``(a)'' for the remaining paragraph.
        35. Section 23.725 is amended by revising the equation in paragraph 
    (b) to read as follows:
    
    
    Sec. 23.725  Limit drop tests.
    
    * * * * *
        (b) * * *
        [GRAPHIC] [TIFF OMMITTED] TR09FE96.003
        
    * * * * *
        36. Section 23.755 is amended by removing paragraph (b), and by 
    redesignating paragraph (c) as paragraph (b) and revising it to read as 
    follows:
    
    
    Sec. 23.755  Hulls.
    
    * * * * *
        (b) Watertight doors in bulkheads may be used for communication 
    between compartments.
        37. Section 23.865 is revised to read as follows:
    
    
    Sec. 23.865  Fire protection of flight controls, engine mounts, and 
    other flight structure.
    
        Flight controls, engine mounts, and other flight structure located 
    in designated fire zones, or in adjacent areas that would be subjected 
    to the effects of fire in the designated fire zones, must be 
    constructed of fireproof material or be shielded so that they are 
    capable of withstanding the effects of a fire. Engine vibration 
    isolators must incorporate suitable features to ensure that the engine 
    is retained if the non-fireproof portions of the isolators deteriorate 
    from the effects of a fire.
        38. Section 23.925 is amended by revising paragraph (b) to read as 
    follows:
    
    
    Sec. 23.925  Propeller clearance.
    
    * * * * *
        (b) Aft-mounted propellers. In addition to the clearances specified 
    in paragraph (a) of this section, an airplane with an aft mounted 
    propeller must be designed such that the propeller will not contact the 
    runway surface when the airplane is in the maximum pitch attitude 
    attainable during normal takeoffs and landings.
    * * * * *
        39. Appendix A is amended by revising the heading, section A23.1, 
    paragraphs A23.11 (c)(1) and (d), and Table 2; and by adding a new 
    Figure A7 to the end of the Appendix to read as follows:
    
    [[Page 5149]]
    
    
    Appendix A to Part 23 Simplified Design Load Criteria
    
    A23.1  General.
    
        (a) The design load criteria in this appendix are an approved 
    equivalent of those in Secs. 23.321 through 23.459 of this 
    subchapter for an airplane having a maximum weight of 6,000 pounds 
    or less and the following configuration:
        (1) A single engine excluding turbine powerplants;
        (2) A main wing located closer to the airplane's center of 
    gravity than to the aft, fuselage-mounted, empennage;
        (3) A main wing that contains a quarter-chord sweep angle of not 
    more than 15 degrees fore or aft;
        (4) A main wing that is equipped with trailing-edge controls 
    (ailerons or flaps, or both);
        (5) A main wing aspect ratio not greater than 7;
        (6) A horizontal tail aspect ratio not greater than 4;
        (7) A horizontal tail volume coefficient not less than 0.34;
        (8) A vertical tail aspect ratio not greater than 2;
        (9) A vertical tail platform area not greater than 10 percent of 
    the wing platform area; and
        (10) Symmetrical airfoils must be used in both the horizontal 
    and vertical tail designs.
        (b) Appendix A criteria may not be used on any airplane 
    configuration that contains any of the following design features:
        (1) Canard, tandem-wing, close-coupled, or tailless arrangements 
    of the lifting surfaces;
        (2) Biplane or multiplane wing arrangements;
        (3) T-tail, V-tail, or cruciform-tail (+) arrangements;
        (4) Highly-swept wing platform (more than 15-degrees of sweep at 
    the quarter-chord), delta planforms, or slatted lifting surfaces; or
        (5) Winglets or other wing tip devices, or outboard fins.
    * * * * *
    
    A23.11  Control surface loads.
    
    * * * * *
        (c) * * *
        (1) Simplified limit surface loadings for the horizontal tail, 
    vertical tail, aileron, wing flaps, and trim tabs are specified in 
    figures 5 and 6 of this appendix.
        (i) The distribution of load along the span of the surface, 
    irrespective of the chordwise load distribution, must be assumed 
    proportional to the total chord, except on horn balance surfaces.
        (ii) The load on the stabilizer and elevator, and the load on 
    fin and rudder, must be distributed chordwise as shown in figure 7 
    of this appendix.
        (iii) In order to ensure adequate torsional strength and to 
    account for maneuvers and gusts, the most severe loads must be 
    considered in association with every center of pressure position 
    between the leading edge and the half chord of the mean chord of the 
    surface (stabilizer and elevator, or fin and rudder).
        (iv) To ensure adequate strength under high leading edge loads, 
    the most severe stabilizer and fin loads must be further considered 
    as being increased by 50 percent over the leading 10 percent of the 
    chord with the loads aft of this appropriately decreased to retain 
    the same total load.
        (v) The most severe elevator and rudder loads should be further 
    considered as being distributed parabolically from three times the 
    mean loading of the surface (stabilizer and elevator, or fin and 
    rudder) at the leading edge of the elevator and rudder, 
    respectively, to zero at the trailing edge according to the 
    equation:
    [GRAPHIC] [TIFF OMMITTED] TR09FE96.004
    
          
    BILLING CODE 4910-13-M
    
    [GRAPHIC] [TIFF OMMITTED] TR09FE96.007
    
    
          
    BILLING CODE 4910-13-C
    
    Where--
    P(x)=local pressure at the chordwise stations x,
    c=chord length of the tail surface,
    cf=chord length of the elevator and rudder respectively, and
    w=average surface loading as specified in Figure A5.
    
     * * * * *
        (vi) The chordwise loading distribution for ailerons, wing 
    flaps, and trim tabs are specified in Table 2 of this appendix.
        (d) Outboard fins. Outboard fins must meet the requirements of 
    Sec. 23.445.
    * * * * *
    
    BILLING CODE 4910-13-M
    
    [[Page 5150]]
    [GRAPHIC] [TIFF OMMITTED] TR09FE96.008
    
    
    
          
    BILLING CODE 4910-13-C
    
    [[Page 5151]]
    
    * * * * *
    
    Figure A7.--Chordwise Load Distribution for Stabilizer and Elevator or 
    Fin and Rudder
    [GRAPHIC] [TIFF OMMITTED] TR09FE96.009
    
    
          
    BILLING CODE 4910-13-C
    
    [GRAPHIC] [TIFF OMMITTED] TR09FE96.005
    
    where:
    w=average surface loading (as specified in figure A.5)
    E=ratio of elevator (or rudder) chord to total stabilizer and 
    elevator (or fin and rudder) chord.
    d'=ratio of distance of center of pressure of a unit spanwise length 
    of combined stabilizer and elevator (or fin and rudder) measured 
    from stabilizer (or fin) leading edge to the local chord. Sign 
    convention is positive when center of pressure is behind leading 
    edge.
    c=local chord.
    
        Note: Positive values of w, P1 and P2 are all measured 
    in the same direction.
    
        Issued in Washington, DC, on January 29, 1996.
    David R. Hinson,
    Administrator.
    [FR Doc. 96-2081 Filed 2-8-96; 8:45 am]
    BILLING CODE 4910-13-M
    
    

Document Information

Effective Date:
3/11/1996
Published:
02/09/1996
Department:
Federal Aviation Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
96-2081
Dates:
March 11, 1996.
Pages:
5138-5151 (14 pages)
Docket Numbers:
Docket No. 27805, Amendment No. 23-48
RINs:
2120-AE62: JAR/FAR Harmonization Initiatives -- Airframe
RIN Links:
https://www.federalregister.gov/regulations/2120-AE62/jar-far-harmonization-initiatives-airframe
PDF File:
96-2081.pdf
CFR: (48)
14 CFR 23.301(a)
14 CFR 23.925(b)
14 CFR 23.725(b)
14 CFR 23.397(b)
14 CFR 23.333(c)
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