[Federal Register Volume 64, Number 250 (Thursday, December 30, 1999)]
[Proposed Rules]
[Page 73437]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33801]
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Proposed Rules
Federal Register
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This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 64, No. 250 / Thursday, December 30, 1999 /
Proposed Rules
[[Page 73437]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 23
[Docket No. 24494; Notice No. 85-7A]
RIN 2120-AA57
Airworthiness Standards; Crash Resistant Fuel Systems
AGENCY: Federal Aviation Administration, DOT.
ACTION: Notice of proposed rulemaking (NPRM); withdrawal.
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SUMMARY: The FAA is withdrawing a previously published Notice of
Proposed Rulemaking (NPRM) that proposed to amend the airworthiness
standards for normal, utility, acrobatic, and commuter category
airplanes. That notice proposed upgrades in the requirements for fuel
system components that would have improved crash resistance of these
systems by limiting fuel spillage near ignition sources and thus
provide additional time for survivors of the impact to evacuate the
airplane. As a result of the comments received, the FAA completed a
revised economic evaluation of these safety recommendations and has
concluded that the costs of the proposed change are not justified by
the potential benefits. Accordingly, the FAA is planning no additional
proposals on this issue.
FOR FURTHER INFORMATION CONTACT: Scott Sedgwick, Standards Office (ACE-
110), Small Airplane Directorate, Aircraft Certification Service,
Federal Aviation Administration, 601 East 12th Street, Kansas City,
Missouri 64106; telephone (816) 426-6941.
SUPPLEMENTARY INFORMATION:
Background
On February 28, 1990, the FAA published Notice of Proposed
Rulemaking No. 85-7A (55 FR 7280) that proposed an amendment to 14 CFR
part 23 and invited public comment. The comment period closed on June
28, 1990. Seventeen commenters responded to the notice.
Several commenters disagreed with the economic evaluation contained
in the NPRM and believed that either the benefits had been
overestimated, costs had been underestimated, or both. The FAA agrees,
and after completing an extensive economic evaluation of these safety
recommendations has determined that the costs of the proposed change
are not justified by the potential benefits.
Some commenters believed that the proposed Sec. 23.993(f) probably
would result in the incorporation of some sort of self-closing device
in fuel lines and that the reliability of such devices should be
addressed. The FAA agrees, and the referenced economic evaluation also
includes the effects of uncommanded operation of such devices.
Other Comments
There were both positive and negative overall comments on the NPRM
proposals. However, as the proposals are not economically feasible at
this time, every comment will not be addressed in specific detail. The
most pertinent comments are summarized as follows.
Several commenters suggested definitions of a ``survivable'' crash
along with specific improvements/changes to the proposed regulations.
The FAA agrees that a definition of a survivable crash would be
necessary to proceed with the proposal. Because the NPRM is being
withdrawn, the FAA has noted these definitions, along with the comments
specific to the actual wording of the proposed regulations, for
possible future reference.
Several commenters disagreed with either mandating the use of
flexible bladder tanks, certain aspects of their use, or both. The FAA
agrees it is more appropriate to specify an objective test for fuel
tanks (leaving the details of design and construction to the designer)
than to mandate the use of flexible bladder tanks. Because this NPRM is
being withdrawn, the FAA has noted these comments for possible future
reference.
There were both positive and negative comments regarding the
applicability of the proposal to previously type-certificated, newly
manufactured (in addition to newly type-certificated) airplanes. These
will not be addressed in specific detail because the NPRM is being
withdrawn. However, one commenter did suggest making the standards
applicable to newly manufactured airplanes on an individual model basis
rather than on an overall basis as proposed. The commenter refers to a
report by the FAA, DOT/FAA/CT-86/24, Study of General Aviation Fire
Accidents (1974-1983), which the commenter believes shows that some
airplane types are more prone to post-crash fires than others. The FAA
agrees with the observation that some airplane types are more prone to
post-crash fires than others. However, the FAA does not selectively
apply airworthiness standards (such as these proposed rules) to
specific airplane models. These standards define a minimum level of
safety that applies to all airplanes certificated in a given category.
Additionally, two commenters objected that the proposals did not
adhere to the recommendations made by the GASP II committee. The FAA's
rationale for not following those recommendations is contained in the
preamble to the NPRM and remains unchanged.
Several comments were beyond the scope of the NPRM and, though some
were commendable, they will not be addressed further.
Withdrawal of Proposed Rule
In consideration of those comments to Notice No. 85-7A regarding
the cost-benefit analysis, the Federal Aviation Administration has
decided to withdraw Notice No. 85-7A for further internal study.
Accordingly, Notice No. 85-7A, published on February 28, 1990 (55 FR
7280), is withdrawn.
Issued in Washington, D.C. on December 21, 1999.
Ronald T. Wojnar,
Acting Director, Aircraft Certification Service.
[FR Doc. 99-33801 Filed 12-29-99; 8:45 am]
BILLING CODE 4910-13-M
