[Federal Register Volume 61, Number 3 (Thursday, January 4, 1996)]
[Rules and Regulations]
[Pages 252-254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-135]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 23
[Docket No. 26344; Amendment No. 23-43]
RIN 2120-AD30
Small Airplane Airworthiness Review Program Amendment No. 3;
Correction
AGENCY: Federal Aviation Administration, DOT.
ACTION: Correction; final rule with request for comments.
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SUMMARY: This final rule contains corrections to the final regulation
(Amendment 23-43), which was published April 9, 1993 (58 FR 18958). The
regulation amended the powerplant and equipment airworthiness standards
for normal, utility, acrobatic, and commuter category airplanes. This
[[Page 253]]
amendment replaces two paragraphs that were inadvertently deleted by
Amendment No. 23-43.
DATES: This final rule becomes effective January 4, 1996. Comments must
be submitted on or before April 3, 1996.
ADDRESSES: Comments should be submitted in triplicate to: Federal
Aviation Administration, Office of the Chief Counsel, Attention: Rules
Docket (AGC-200), Docket No. 26344, 800 Independence Avenue, SW.,
Washington, DC 20591. Comments delivered must be marked Docket No.
26344. Comments may be inspected in Room 915G weekdays between 8:30
a.m. and 5:00 p.m., except on Federal holidays.
In addition, the FAA is maintaining a duplicate information docket
of comments in the Office of the Assistant Chief Counsel, ACE-7,
Federal Aviation Administration, Central Region, 601 East 12th Street,
Kansas City, Missouri 64106. Comments in the duplicate information
docket may be inspected in the Office of the Assistant Chief Counsel
weekdays, except Federal holidays, between the hours of 7:30 a.m. and
4:00 p.m.
FOR FURTHER INFORMATION CONTACT:
Norman Vetter, 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:
Comments Invited
Although this action is in the form of a final rule that involves
requirements affecting immediate flight safety and, thus, was not
preceded by notice and opportunity to comment, comments are invited on
this rule. Interested persons are invited to comment on this rule by
submitting such written data, views, or arguments as they may desire.
Communications should identify the Rules Docket number and be submitted
in triplicate to the address specified above. All communications
received on or before the closing date for comments will be considered,
and this rule may be amended in light of the comments received. Factual
information that supports the commenter's ideas and suggestions is
extremely helpful in determining whether additional rulemaking action
would be needed.
Comments are specifically invited on the overall regulatory,
economic, environmental, and energy aspects of the rule that might
suggest a need to modify the rule. All comments submitted will be
available, both before and after the closing date for comments, in the
Rules Docket for examination by interested persons. A report that
summarizes each FAA-public contact concerned with the substance of this
rule will be filed in the Rules Docket.
Commenters wishing the FAA to acknowledge receipt of their comments
submitted in response to this notice must submit a self-addressed,
stamped postcard on which the following statement is made: ``Comments
to Docket No. 26344.'' The postcard will be date stamped and returned
to the commenter.
The regulations adopted herein will 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 final
rule does not have sufficient federalism implications to warrant the
preparation of a Federalism Assessment.
The FAA has determined that this regulation is an emergency
regulation and that must be issued immediately to correct an unsafe
condition in aircraft, and is not a significant regulatory action under
Executive Order 12866. It has been determined further that this action
involves an emergency regulation under DOT Regulatory Policies and
Procedures (44 FR 11034, February 26, 1979). If it is determined that
this emergency regulation otherwise would be significant under DOT
Regulatory Policies and Procedures, a final regulatory evaluation will
be prepared and placed in the Rules Docket (otherwise, an evaluation is
not required). A copy of it, if filed, may be obtained from the Rules
Docket.
Availability
Any person may obtain a copy of this amendment by submitting a
request to the Federal Aviation Administration, Office of Public
Affairs, Attention: Public Inquiry Center, APA-200, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling (202) 267-3484.
Communications must identify the amendment number.
Persons interested in being placed on the mailing list for future
NPRM's and rules should request, from the above office, a copy of
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution
System, which describes the application procedure.
Background
The final regulations that are the subject of this amendment,
Amendment 23-43 (58 FR 18958, April 9, 1993), inadvertently removed
paragraphs Sec. 23.965 (b)(4) and (b)(5). These paragraphs were never
intended to be removed and their removal was not proposed in the NPRM
for Amendment 23-43.
Need for Correction
As published, the final regulations contain inadvertently deleted
paragraphs 23.965 (b)(4) and (b)(5), which contain substantive
requirements that were not intended to be removed and are considered
essential to aviation safety.
Discussion of Amendments
Section 23.965
The FAA proposed to amend paragraphs (b)(1) through (b)(3) of
Sec. 23.965 in Amendment 23-43. However, the amendatory language
removed paragraphs (b)(4) and (b)(5). This amendment corrects the error
by reinserting those paragraphs into the regulations.
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 to read 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. 40113 and 44701; 49 U.S.C. 106(g).
2. Section 23.965, paragraph (b), is amended by adding paragraphs
(b)(4) and (b)(5) to read as follows:
Sec. 23.965 Fuel tank tests.
(b) * * *
(4) Under paragraph (b)(3) (ii) and (iii) of this section, the time
of test must be adjusted to accomplish the same number of vibration
cycles that would be accomplished in 25 hours at the frequency
specified in paragraph (b)(3)(i) of this section.
(5) During the test, the tank assembly must be rocked at a rate of
16 to 20 complete cycles per minute, through an angle of 15 deg. on
either side of the horizontal (30 deg. total), about an axis parallel
to the axis of the fuselage, for 25 hours.
[[Page 254]]
Issued in Washington, DC, on December 28, 1995.
Michael Gallagher,
Acting Director, Aircraft Certification Service.
[FR Doc. 96-135 Filed 1-3-96; 8:45 am]
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