94-16612. Airworthiness Standards; Airframe Proposals Based on European Joint Aviation Requirements Proposals  

  • [Federal Register Volume 59, Number 130 (Friday, July 8, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-16612]
    
    
    [[Page Unknown]]
    
    [Federal Register: July 8, 1994]
    
    
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    Part III
    
    
    
    
    
    Department of Transportation
    
    
    
    
    
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    Federal Aviation Administration
    
    
    
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    14 CFR Part 23
    
    
    
    Airworthiness Standards; Proposed Rule
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    DEPARTMENT OF TRANSPORTATION
    
    Federal Aviation Administration
    
    14 CFR Part 23
    
    [Docket No. 27805; Notice No. 94-20]
    RIN 2120-AE62
    
     
    
    Airworthiness Standards; Airframe Proposals Based on European 
    Joint Aviation Requirements Proposals
    
    AGENCY: Federal Aviation Administration, DOT.
    
    ACTION: Notice of proposed rulemaking.
    
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    SUMMARY: This document proposes changes to the airframe airworthiness 
    standards for normal, utility, acrobatic, and commuter category 
    airplanes. These proposals arise from the joint effort of the Federal 
    Aviation Administration (FAA) and the European Joint Aviation 
    Authorities (JAA) to harmonize the Federal Aviation Regulations (FAR) 
    and the Joint Aviation Requirements (JAR) for airplanes that will be 
    certified in these categories. The proposed changes would provide 
    nearly uniform airframe airworthiness standards for airplanes 
    certificated in the United States under 14 CFR part 23 (part 23) and in 
    the JAA countries under Joint Aviation Requirements 23 (JAR 23) 
    simplifying airworthiness approvals for import and export purposes.
    
    DATES: Comments must be submitted on or before November 7, 1994.
    
    ADDRESSES: Comments on this document should be mailed in triplicate to: 
    Federal Aviation Administration, Office of the Chief Counsel, 
    Attention: Rules Docket (AGC-200), Docket No. 27805, 800 Independence 
    Avenue SW., Washington, DC 20591. Comments delivered must be marked 
    Docket No. 27805. Comments may be inspected in Room 915G weekdays 
    between 8:30 a.m. and 5 p.m., except on Federal holidays.
        In addition, the FAA is maintaining an 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 p.m.
    
    FOR FURTHER INFORMATION CONTACT:
    Kenneth W. Payauys, ACE-112, 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
    
        Interested persons are invited to participate in the making of the 
    proposed rule by submitting such written data, views, or arguments as 
    they may desire. Comments relating to the environmental, energy, or 
    economic impact that might result from adopting the proposals in this 
    notice are also invited. Substantive comments should be accompanied by 
    cost estimates. Comments should identify the regulatory docket or 
    notice number and should be submitted in triplicate to the Rules Docket 
    address specified above. All comments received on or before the 
    specified closing date for comments will be considered by the 
    Administrator before taking action on this proposed rulemaking. The 
    proposals contained in this notice may be changed in light of comments 
    received. All comments received will be available, both before and 
    after the closing date for comments, in the Rules Docket for 
    examination by interested persons. A report summarizing each FAA-public 
    contact concerned with the substance of this proposal will be filed in 
    the docket. Commenters wishing the FAA to acknowledge receipt of their 
    comments submitted in response to this notice must include a 
    preaddressed, stamped postcard on which the following statement is 
    made: ``Comments to Docket No. 27805.'' The postcard will be date 
    stamped and returned to the commenter.
    
    Availability of NPRM
    
        Any person may obtain a copy of this Notice of Proposed Rulemaking 
    (NPRM) 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 notice number of this NPRM.
        Persons interested in being placed on the mailing list for future 
    NPRM's 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
    
        At the June 1990 meeting of the JAA Council (consisting of JAA 
    members from European countries) and the FAA, the FAA Administrator 
    committed the FAA to support the harmonization of the FAR with the JAR 
    being developed for use by the European authorities who are members of 
    the JAA. In response to this commitment, the FAA Small Airplane 
    Directorate established an FAA Harmonization Task Force to work with 
    the JAR 23 Study Group to harmonize part 23 and the proposed JAR 23. 
    The General Aviation Manufacturers Association (GAMA) also established 
    a JAR 23/part 23 Committee to provide technical assistance in this 
    effort.
        Following a review of the first draft of proposed JAR 23, members 
    of the FAA Harmonization Task Force and the GAMA Committee met in 
    Brussels, Belgium for the October 1990 meeting of the JAR 23 Study 
    Group. Representatives from the Association Europeenne des 
    Constructeures de Material Aerospatial (AECMA), an organization of 
    European airframe manufacturers, also attended. The main agenda item 
    for this meeting was the establishment of procedures to accomplish 
    harmonization of the airworthiness standards for normal, utility, and 
    acrobatic category airplanes. The JAA had decided that its initial 
    rulemaking effort should be limited to these three categories and that 
    commuter category airworthiness standards should be addressed 
    separately.
        After that meeting, technical representatives from each of the four 
    organizations (GAMA, AECMA, FAA and JAA) met to resolve differences 
    between the proposed JAR and part 23. This portion of the harmonization 
    effort involved a number of separate meetings of specialists in the 
    flight, airframe, powerplant, and systems disciplines. These meetings 
    showed that harmonization would require revisions to both part 23 and 
    the proposed JAR 23.
        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. The JAA and 
    the FAA held specialist and study group meetings to discuss these 
    recommendations, which resulted in proposals to revise portions of the 
    part 23 commuter category airworthiness standards.
        Unlike the European rules, where commuter category airworthiness 
    standards are separate, for U.S. rulemaking it is advantageous to adopt 
    normal, utility, acrobatic, and commuter category airworthiness 
    standards simultaneously, since commuter category airworthiness 
    standards are already contained in part 23. Accordingly, this NPRM 
    proposes to revise the airframe airworthiness standards for all part 23 
    airplanes.
        During the part 23 harmonization effort, the FAA established an 
    Aviation Rulemaking Advisory Committee (ARAC) (56 FR 2190, January 22, 
    1991), which held its first meeting on May 23, 1991. The ARAC on 
    General Aviation and Business Airplane (GABA) Issues was established at 
    that meeting to provide advice and recommendations to the Director, 
    Aircraft Certification Service, FAA, regarding the airworthiness 
    standards in part 23 as well as related provisions of parts 91 and 135 
    of the regulations.
        The FAA announced, on June 2-5, 1992, at the JAA/FAA Harmonization 
    Conference in Toronto, Ontario, Canada, that it would consolidate 
    within the ARAC structure an ongoing objective to ``harmonize'' the JAR 
    and the FAR. Coinciding with that announcement, the FAA assigned the 
    ARAC on GABA Issues those rulemaking projects related to JAR/part 23 
    harmonization that were in final coordination between the JAA and the 
    FAA. The harmonization process included the intention to present the 
    results of JAA/FAA coordination to the public as NPRM's. Subsequently, 
    the ARAC on GABA Issues established an ARAC-JAR 23 Study Group.
        The JAR 23 Study Group made recommendations to the ARAC on GABA 
    Issues concerning the FAA disposition of the rulemaking issues 
    coordinated between the JAA and the FAA. The draft NPRM's previously 
    prepared by the FAA harmonization team were made available to the 
    harmonization working group to assist them in their effort.
        A notice of the formation of the JAR/FAR 23 Harmonization Working 
    Group was published on November 30, 1992 (57 FR 56626). The group held 
    its first meeting on February 2, 1993. These efforts resulted in the 
    proposals for airframe airworthiness standards contained in this 
    notice. The ARAC on GABA Issues agreed with these proposals.
        The FAA received unsolicited comments from the JAA dated January 
    20, 1994, concerning issues that were left unresolved with the JAR 23 
    Study Group. The JAR/FAR 23 Harmonization Working Group did not address 
    some of the unresolved issues because the JAA had not yet reached 
    positions on those issues. Unresolved issues will be dealt with at 
    future FAR/JAR Harmonization meetings. With respect to other issues 
    unresolved by the JAR 23 Study Group, the JAR/FAR 23 Harmonization 
    Working Group recommendations did not reflect harmonization, but 
    reflected the technical discussion of the merits of each issue that had 
    been thoroughly debated at the JAR/FAR Harmonization meetings. (The 
    Working Group Chairperson had been present at the Harmonization 
    meetings.) The JAA comments have been placed in the docket for this 
    proposal, and will be considered along with those received during the 
    comment period.
        Following completion of these harmonization efforts, the FAA 
    determined that the proposed revisions to part 23 were too numerous for 
    a single NPRM. The FAA decided to simplify the issues by issuing four 
    NPRM's. These NPRM's address the airworthiness standards in the 
    specific areas of systems and equipment, powerplant, flight, and 
    airframe. These NPRM's propose changes in all seven subparts of part 
    23. Since there is some overlap, interested persons are advised to 
    review all four NPRMs to identify all proposed changes to a particular 
    section.
    
    Discussion of Proposals
    
    Section 23.301  Loads
    
        This proposal would amend Sec. 23.301(d) by limiting the 
    applicability of Appendix A to ``single-engine, excluding turbines'' 
    airplanes rather than the current single-engine limitation. The JAA 
    proposed ``single reciprocating engine'' instead of ``single-engine,'' 
    which appears in the current regulations. The FAA proposes ``single-
    engine, excluding turbines'' for the reasons explained in the preamble 
    to Appendix A. The effect 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 may continue to be FAA certificated by 
    substantiation to part 23, Subpart C, requirements plus any special 
    conditions as prescribed under Sec. 21.16. The proposed changes to this 
    section clarify that Appendix A applies only to single-engine 
    airplanes, except turbines.
        In Sec. 23.301(d), the phrase ``For conventional, single-engine 
    airplanes of 6,000 pounds or less'' would be replaced by the phrase 
    ``For airplane configurations described in Appendix A23.1.''
    
    Section 23.335  Design Airspeeds
    
        Portions of Sec. 23.335 would be revised for clarification and 
    harmonization with JAR 23. Paragraph (a)(1) would be revised by adding 
    a definition for W/S as ``wing loading at the design maximum takeoff 
    weight.'' Paragraph (a)(1)(i) and (ii) would be revised 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).''
        Section 23.335(b)(4) would be revised 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 is 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, would be corrected to VS1 ng.
    
    Section 23.337  Limit Maneuvering Load Factors
    
        Section 23.337(a)(1) would be revised 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.
    
    Section 23.341  Gust Load Factors
    
        Section 23.341 would be reorganized to provide a new paragraph (a) 
    that clarifies that each airplane must be designed to withstand loads 
    on each lifting surface that result from gusts specified in 
    Sec. 23.333(c). Existing paragraphs (a) and (b) would be redesignated 
    as (b) and (c), respectively. The text of the proposed paragraph (b) 
    would be revised to eliminate 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). The 
    reference to paragraph (b) in redesignated Sec. 23.341(b) is changed to 
    paragraph (c) to conform. The text for the redesignated paragraph (c) 
    would be revised to delete the phrase ``for conventional 
    configurations'' because it is no longer accurate, and to revise the 
    definition for wing loading (W/S). These changes are being proposed at 
    the request of the JAA to harmonize with JAR 23.
    
    Section 23.343  Design Fuel Loads
    
        Proposed new Sec. 23.343 would harmonize with the corresponding JAR 
    except for paragraph (c). This proposed requirement, which is a 
    modified version of Sec. 25.343 that covers transport category, would 
    apply to all part 23 airplane categories, except one paragraph that 
    would be limited to commuter category airplanes.
        Airplanes already exist with ``maximum zero fuel'' weight limits 
    that apply to zero fuel in the airplane (wing, fuselage, and so forth), 
    rather than in the wing only. Therefore, ``maximum wing zero fuel'' 
    weight was suggested for use when it is appropriate for the type of 
    fuel system in the design.
        The FAA agreed, in a JAA/FAA Harmonization Study Group Meeting in 
    Vienna, in July 1992, to propose the requirements in three paragraphs. 
    The JAA would only propose paragraphs (a) and (b) for JAR 23 because 
    they do not have a 45-minute fuel reserve operating rule. Also, the JAA 
    decided to put paragraph (c) into a Notice of Proposed Action (NPA) to 
    await the creation of the necessary operating rule. In February 1993, 
    the same group agreed to have paragraph (b) address ``maximum zero wing 
    fuel'' weight, instead of ``maximum zero fuel'' weight as mentioned 
    above. The group agreed not to refer to the Operating Limitation 
    Section of the Airplane Flight Manual (AFM) required by proposed 
    Sec. 23.1583(c)(6) (as presented in the Flight Harmonization NPRM) 
    since that section already contains a reference to Sec. 23.343.
    
    Section 23.345  High Lift Devices
    
        Revised Sec. 23.345(a) would have minor, non-substantive, 
    clarifying changes. The term ``fully deflected'' would be changed to 
    ``fully extended'' because it more accurately describes flap conditions 
    and positions. The phrase ``resulting in limit load factors'' would be 
    removed because the requirement already exists in Sec. 23.301(a). 
    Current paragraph (d) would be redesignated as paragraph (c) without 
    change.
        Current paragraph (c) would be redesignated as paragraph (d) and 
    revised by including the requirements of Sec. 23.457. Paragraph (e) 
    would be deleted since it merely references the requirements of 
    Sec. 23.457, which have been moved to Sec. 23.345(d). This arrangement 
    places all ``flap'' requirements in one location, and would harmonize 
    the requirements with JAR 23.
    
    Section 23.347  Unsymmetrical Flight Conditions
    
        The proposed revision to Sec. 23.347 would redesignate the existing 
    text as paragraph (a) and add a new paragraph (b) that includes 
    requirements for a flick maneuver (snap roll), if requested for 
    aerobatic category airplanes. This change is being made to harmonize 
    with the JAR.
    
    Section 23.349  Rolling Conditions
    
        Section 23.349(a)(2) would be revised to simplify the unsymmetric 
    semispan load assumption to 100 percent and 75 percent for all design 
    weights up through 19,000 pounds. 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 agrees that 75 percent is an appropriate assumption 
    for all part 23 airplanes.
    
    Section 23.369  Special Conditions for Rear Lift Truss
    
        This proposal would amend Sec. 23.369 by amending the equation and 
    by adding a definition for wing loading (W/S) for clarification and to 
    harmonize with JAR 23.
    
    Section 23.371  Gyroscopic and Aerodynamic Loads
    
        Section 23.371(a) would be revised and reorganized by designating 
    the existing text as paragraph (a) and adding new paragraphs (b) and 
    (c).
        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.'' These changes would clarify that these requirements apply 
    to all part 23 airplanes.
        Proposed new paragraph (b) would clarify and distinguish the 
    requirements for airplanes approved for acrobatic maneuvers. These 
    clarifications are needed to harmonize with the JAR.
        Proposed new paragraph (c) would 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). This clarification is 
    necessary to harmonize with the JAR.
    
    Section 23.391  Control Surface Loads
    
        This proposal would revise Sec. 23.391 by deleting paragraph (b) 
    and removing the designation for paragraph (a). Current paragraph (b) 
    is a reference to alternative values of control loading in Appendix B. 
    Appendix B was previously removed by Amendment No. 23-42 (56 FR 344, 
    January 3, 1991).
    
    Section 23.393  Loads Parallel to Hinge Line
    
        Proposed new Sec. 23.393, as suggested by the JAA, would contain a 
    modified version of the requirement of Sec. 23.657(c) concerning loads 
    parallel to the hinge line, which would be deleted from Sec. 23.657. 
    The requirement would specify minimum inertial load values, and be 
    included in new Sec. 23.393(b) to group the load factors in consecutive 
    sections.
    
    Section 23.399  Dual Control System
    
        Existing Sec. 23.399 does not address the forces exerted on a dual 
    control system when both pilots act together. The JAA has proposed 
    adding a new paragraph (b) to account for these pilot forces. The 
    material in present Sec. 23.399 would be reorganized as paragraph (a), 
    revised to clarify that it is the greater of the forces that apply, and 
    a new paragraph (b) would be added to include the JAA suggestion and 
    harmonize the rules.
    
    Section 23.415  Ground Gust Conditions
    
        This proposal would amend Sec. 23.415 by revising paragraph (a)(2) 
    to add a definition for wing loading (W/S) to harmonize with JAR 23. It 
    would also revise paragraph (c). Before paragraph (c) was added in 
    Amendment No. 23-45, the FAA agreed to a more comprehensive version of 
    the tie-down criteria that was suggested by the JAA. This amendment 
    would implement that agreement and harmonize the rules.
    
    Section 23.441  Maneuvering Loads
    
        The JAA suggested that Sec. 23.441(b) be revised to include a new 
    design requirement for the vertical tail of a commuter category 
    airplane. The JAA determined that the vertical tail structure must be 
    shown to be adequate for the loads imposed when the airplane is yawed 
    by rudder deflection to the maximum attainable angle and is suddenly 
    allowed to return by neutralizing the rudder. The maximum yaw condition 
    is governed by any of several constraining conditions; for example, 
    control surface stops, maximum available booster effort, or the various 
    maximum pilot rudder forces that may be imposed. The JAA stressed that 
    the design yaw excursions need to be examined throughout the full range 
    of speeds of the flight envelope. The FAA agrees. Although this is a 
    significant departure from the structural design philosophy depicted in 
    part 23 (full use of all controls at maneuvering speed) the addition of 
    a similar requirement to part 25 has served to reduce the static 
    overload failures in part 25 airplanes. It is expected that the 
    addition of the proposed requirement to Sec. 23.441(b) would reduce 
    this type failure in commuter category airplanes.
        In addition, the permissible overswing angle that may be assumed 
    under Sec. 23.441(a)(2) would be changed from 1.3 to 1.5 times the 
    static sideslip angle of paragraph (a)(3). The JAA suggested that the 
    1.5 figure more closely represents reality. The FAA agrees and the rule 
    is changed to harmonize with the JAR. Finally, for clarification, the 
    word ``resulting'' is changed to ``overswing'' in the first sentence of 
    paragraph (a)(2).
    
    Section 23.443  Gust Loads
    
        Section 23.443(c) would be revised by changing the format of the 
    formula, revising the definition of weight, ``W,'' and correcting the 
    subscripts of the distance to the lift center, ``1vt.'' The 
    current definition reads ``W = airplane weight (lbs.).'' The proposed 
    definition reads ``W = the applicable weight of the airplane in the 
    particular load case (lbs.).'' The proposed changes are for clarity and 
    harmonization with JAR 23.
    
    Section 23.455  Ailerons
    
        The heading the precedes Sec. 23.455 would be amended by deleting 
    the term ``Wing Flaps'' so that the heading reads ``AILERONS AND 
    SPECIAL DEVICES.'' This change reflects the proposed deletion of the 
    wing flap requirements from Sec. 23.457 and their placement in 
    Sec. 23.345.
    
    Section 23.457  Wing Flaps
    
        The FAA proposes to delete this section. As discussed under 
    Sec. 23.345, above, the wing flap requirements have been revised and 
    consolidated in proposed Sec. 23.345 to group these requirements 
    together.
    
    Section 23.473  Ground Load Conditions and Assumptions
    
        The reference in Sec. 23.473(c)(1) would be revised. In amendment 
    No. 23-42 (January 3, 1991, 56 FR 344), Sec. 23.473(c)(1) incorrectly 
    continued to reference ``Sec. 23.67(a) or (b)(1).'' The reference in 
    Sec. 23.473(c)(1) should have been changed to ``Sec. 23.67(b)(1).''
        The FAA also intends that turbine powered airplanes be included in 
    Sec. 23.473(c)(1) because these airplanes are required to be ``climb 
    positive'' with one engine inoperative. Therefore, Sec. 23.473(c)(1) 
    must also reference ``Sec. 23.67(c).''
        Originally, the FAA intended to harmonize Sec. 23.473(c)(1) by 
    citing only Sec. 23.67. However, after considering the two issues noted 
    above, the FAA has determined that the intent described is lost unless 
    Sec. 23.473(c)(1) specifically includes ``Sec. 23.67(b)(1) or (c).''
        Paragraph (f), which addresses energy absorption tests, would be 
    revised to parallel the language of JAR 23.473(f) with no substantive 
    change from current paragraph (f).
    
    Section 23.497  Supplementary Conditions for Tail Wheels
    
        Proposed new Sec. 23.497(c) would establish design standards for 
    the aft-mounted propellers of Sec. 23.925(b). The FAA has determined 
    that certain portions of the design standards for aft-mounted 
    propellers more properly belong in subpart C on structure. The 
    remainder of the standards would remain in subpart E.
    
    Section 23.499  Supplementary Conditions for Nose Wheels
    
        Proposed new Secs. 23.499 (d) and (e) would 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. Initial 
    versions of these two paragraphs were introduced at the Second 
    Structures Specialist Meeting, revised, and ratified by the JAR 23 
    Study Group in April 1991. The new paragraphs codify current 
    certification practice and distinguish the two types of control systems 
    to harmonize with JAR 23.
    
    Section 23.521  Water Load Conditions
    
        This proposal would amend Sec. 23.521 by deleting paragraph (c), 
    which was added by Amendment No. 23-45. The JAA pointed out that 
    paragraph (c) contains requirements already covered in paragraph (a). 
    The FAA agrees, and proposes to delete paragraph (c).
    
    Section 23.561  General
    
        This proposal would amend Secs. 23.561 (b), (d), and (e) by 
    revising the existing requirements to harmonize with JAR 23. Revised 
    paragraph (b), concerning occupant protection, proposes language 
    similar to part 25/JAR 25. Paragraph (d), concerning turnovers, would 
    be revised to simplify and clarify the requirements without making 
    substantive changes. Proposed new paragraph (e), concerning supporting 
    structure, would be revised to add references to Sec. 23.561(b)(3) and 
    Sec. 23.787(c) to ensure that items of mass are retained to higher 
    accelerations than the occupant for occupant protection.
    
    Section 23.571  Metallic Pressurized Cabin Structures
    
        Section 23.571 would be revised by changing the heading from 
    ``Pressurized cabin'' to ``Metallic pressurized cabin structure'' 
    because nonmetallic structure is addressed in Sec. 23.573(a). The 
    introductory text would be revised to limit the applicability to 
    normal, utility, and acrobatic category only because commuter category 
    airplanes are addressed separately. Paragraph (a) would be revised to 
    require the fatigue strength investigation to show that the structure 
    can withstand repeated loads of variable magnitude expected in service. 
    Currently, fatigue strength may be shown by tests or analysis or both. 
    Under the proposed revision, structural strength must be shown by tests 
    or by analysis supported by test evidence.
    
    Section 23.572  Metallic Wing, Empennage, and Associated Structures
    
        This proposal would revise the heading to add the word ``metallic'' 
    and revise Sec. 23.572(a) to limit the applicability to normal, 
    utility, and acrobatic category airplanes and to make minor editorial 
    changes. Paragraph (a)(1) is revised to harmonize with JAR 23 by 
    requiring tests or analysis supported by test evidence, as discussed 
    under Sec. 23.571 of this preamble.
    
    Section 23.573  Damage Tolerance and Fatigue Evaluation of Structure
    
        This proposal would amend Sec. 23.573(a)(5) to clarify the 
    regulation because, as written, it could be easily misread. The 
    rewritten requirement uses the word ``any'' rather than ``each'' to 
    indicate that another limiting factor exists. It also changes the order 
    of the clauses to prevent the regulation from addressing ``failure of 
    the limit load capacity.'' The rewritten text makes it clear that 
    ``Each bonded joint is required to be substantiated by tests'' is not 
    the desired result.
        The FAA is not proposing a revision to paragraph (b) even though it 
    is not identical in format to JAR 23.573(b). While current FAR 
    Sec. 23.573(b) of title 14 contains two subparagraphs and JAR 23.573(b) 
    (JAR 23-Post Consultation) contains six subparagraphs, the two are 
    technically identical.
        This proposal would delete Sec. 23.573(c). Inspections and other 
    procedures would be moved to Sec. 23.575 and be made applicable to four 
    sections pertaining to fatigue evaluation, namely, Secs. 23.571, 
    23.572, 23.573 and 23.574.
        Technically, these actions harmonize with the efforts taken by the 
    JAA in similar paragraphs of JAR 23. JAR 23 contains identical 
    inspection requirements in JAR 23.571(b), JAR 23.572(c) and JAR 
    23.573(c). The FAA format is different from the JAR 23 presentation. 
    JAR 23 uses three paragraphs; proposed Sec. 23.575 uses one section to 
    accomplish the identical end result.
    
    Section 23.574  Metallic Damage Tolerance and Fatigue Evaluation of 
    Commuter Category Airplanes
    
        This proposal would add a new Sec. 23.574 that would delineate the 
    damage tolerance and fatigue evaluation requirement for commuter 
    category airplanes. The United Kingdom Civil Aviation Authority 
    proposed to revise JAR 23.571 and 23.572 to require commuter category 
    airplanes to meet the fail-safe provisions of those sections, and, 
    thus, remove the safe-life provisions. The FAA representative agree 
    with the intent of the proposal but could not agree with any specific 
    recommendation because the FAA was in the process of determining 
    requirements for commuter category airplanes in the aging aircraft 
    program. The majority of the subgroup decided they would not recommend 
    the United Kingdom Civil Aviation Authority proposal.
        In the evaluation of aging aircraft, the FAA determined that new 
    commuter category airplanes must meet damage tolerance requirements. 
    The FAA then evaluated the damage tolerance procedures added by 
    Amendment No. 23-44, and the FAA is now proposing to add new 
    Sec. 23.574 that would require commuter category airplanes to comply 
    with the damage tolerance and fatigue evaluation of Sec. 23.573. 
    Accordingly, as discussed previously, Secs. 23.571 and 23.572 would be 
    revised to clarify that these sections would 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.
        JAR 23 Structures Specialists and the JAR 23 Study Group agree with 
    these requirements and consider the impact upon the JAR 23 effort; they 
    decided to place JAR 23.574 on the NPA list. By these actions, the JAA 
    and the FAA will propose the same damage tolerance provisions for newly 
    certificated commuter category airplanes.
    
    Section 23.575  Inspections and Other Procedures
    
        This proposal would add a new Sec. 23.575 that would clarify that 
    airplane manufacturers are required to provide recommendations for 
    inspection frequencies, locations and methods when the design is 
    approved by the FAA. Whether these inspections and procedures are 
    required has been unclear for the past 20 years. This proposal 
    clarifies that. Both safe-life and damage-tolerant airplane designs 
    would be involved. Also, both composite and metallic airplanes would be 
    included.
        Section 23.573(c) would be moved to Sec. 23.575 and revised. The 
    revision consists of naming those requirements that are included, 
    namely Secs. 23.571, 23.572, 23.573 and 23.574. These four sections 
    address pressurized cabin, wing, empennage (tail), and associated 
    structures for metallic airplanes. They also provide standards for 
    damage tolerance and fatigue evaluations of both composite and metallic 
    airplane structures. Proposed Sec. 23.575 would harmonize these rules 
    with JAR 23 technically, but a simple format.
    
    Section 23.607  Fasteners
    
        This proposal would amend Sec. 23.607 by changing the section 
    heading, by redesignating the existing requirement as paragraph (c), 
    and by adding new paragraphs (a) and (b) to require the following: if 
    the loss of a non-selflocking fastener would preclude continued safe 
    flight and landing, a locking device must be incorporated, and the 
    fastener must not be adversely affected by environmental conditions 
    such as temperature or vibration. These requirements would be added for 
    harmonization.
    
    Section 23.611  Accessibility Provisions
    
        Structural specialists from both the JAA and FAA agreed that 
    Sec. 23.611, Accessibility, is unclear in its intent and examples would 
    be an aid to understanding.
        The proposed revision would clarify the requirement. In the 
    Instructions for Continued Airworthiness required under Sec. 23.1529, 
    recommended or required inspection items to which access must be 
    provided are identified. Following are examples of such items: (1) 
    Principle structural elements and control system components that 
    require inspection; (2) replaceable parts; and (3) parts that require 
    adjustment or lubrication. Section 23.611 requires that, for any part 
    requiring servicing, there must be a means of access incorporated into 
    the aircraft design to allow this servicing to be accomplished. Whether 
    the access provided is appropriate will depend on the nature of the 
    item, and the frequency and complexity of the required inspection or 
    maintenance actions.
    
    Section 23.629  Flutter
    
        Section 23.629 would be revised 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 JAA argues that unless 
    the rational analysis or simplified analysis is verified by some flight 
    flutter tests, the validity of such an analysis is unknown. The JAA 
    also points out that the extent of flight flutter testing depends upon 
    the analysis prepared and the experience with similar designs. The FAA 
    structures specialist agreed with these arguments and with harmonizing 
    this section, even though it would represent an increased requirement 
    for substantiation. These changes would be enacted by proposed 
    revisions to Sec. 23.629 (a), (b), and (c), noting that the 
    designations of paragraphs (b) and (c) would be switched. Paragraph 
    (d)(3)(i) would be revised 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.
        Also, Amendment No. 23-45 added Sec. 23.629 (g) and (h), which 
    contain the phrase ``by analysis or test'' and is consistent with the 
    original part 23 requirement in Sec. 23.629(a); that is, the applicant 
    is able to choose the method of substantiation. JAR 23.629 (g) and (h) 
    propose that substantiation be done only ``by analysis.'' The JAA 
    argues that the analysis required by the rule must be based upon a 
    previously verified flutter analysis model. The JAA notes that this 
    requirement exists in Sec. 23.629(a), which generally states that full 
    scale flight flutter tests must be conducted when the adequacy of 
    flutter analysis and wind tunnel tests have not been established by 
    previous experience with airplanes having similar design features, and 
    when modifications to the type design have a significant effect upon 
    the critical flutter modes. The FAA proposes to harmonize with JAR 23 
    by amending Sec. 23.629 (g) and (h) to remove the ``or test'' phrase. 
    For an airplane that has undergone modification that could affect its 
    flutter characteristics, proposed paragraph (i) 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.
    
    Section 23.657  Hinges
    
        This proposal would amend Sec. 23.657 by deleting paragraph (c), 
    which covers loads parallel to the hinge line. As discussed above, this 
    requirement would be moved to keep the load factors in consecutive 
    regulatory sections.
    
    Section 23.673  Primary Flight Controls
    
        A proposed revision to Sec. 23.673 would delete the requirements 
    for two-control airplanes consistent with actions being taken in the 
    Flight Harmonization NPRM Secs. 23.177 and 23.201. The two-control 
    airplane regulations were introduced in 1945 but no two-control 
    airplanes have been certificated for several decades and no need is 
    foreseen for these regulations. If an applicant proposes a two-control 
    airplane, the FAA would issue special conditions. Accordingly, 
    Sec. 23.673(b) and the paragraph (a) indicator, since it is no longer 
    needed, are deleted.
        Additional harmonization with JAR 23 is accomplished by this 
    action.
    
    Section 23.725  Limit Drop Tests
    
        This proposal would amend Sec. 23.725 by adding brackets to clarify 
    the effective weight equation in paragraph (b).
    
    Section 23.755  Hulls
    
        This proposal would amend Sec. 23.755 by deleting paragraph (b), 
    which provides that keels of hull seaplanes or amphibians of less than 
    1,500 pounds need not be compartmented and which is redundant with 
    paragraph (a). The proposal would also redesignate paragraph (c) as new 
    paragraph (b) and edit it for clarification.
    
    Section 23.865  Fire Protection of Flight Controls, Engine Mounts, and 
    Other Flight Structures
    
        This section on fireproof material and shielding would be revised 
    by changing the words ``engine compartment'' to ``designated fire 
    zones'' to be consistent with recent revisions to Secs. 23.1203 and 
    23.1181. The revision would include the phrase ``adjacent areas that 
    would be subjected to the effects of fire in the designated fire 
    zones.'' Adding this phrase clarifies FAA practice that areas in and 
    around a designated fire zone must also be protected, and harmonizes 
    the rule with JAR 23.
    
    Section 23.925  Propeller Clearance
    
        This proposal would 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 above. The inspection/
    replacement criteria for tail wheel, bumper, and energy absorption 
    device would be deleted because the inspection/replacement is required 
    in Sec. 23.1529 and does not need to be repeated here.
    
    Appendix A
    
        Three areas of Appendix A would be revised: (1) A23.1 General; (2) 
    A23.11 Control surface loads, paragraph (c), Surface loading 
    conditions; and (3) Table 2--Average limit control surface loading. A 
    new figure would be added to Appendix A: Figure A7, Chordwise load 
    distribution for stabilizer and elevator, or fin and rudder. These 
    proposed revisions are based upon limitations in JAR 23, Appendix A. 
    They are needed to specify the configurations for which the wing and 
    tail surface loads, required in A23.7, are valid.
        The title of Appendix A is revised by removing the words ``for 
    conventional, single-engine airplanes of 6,000 pounds or less maximum 
    weight,'' because the weight limitation is unnecessary in the title and 
    appears in paragraph A23.1(a).
        In A23.1, existing paragraph (a) would be revised extensively, and 
    existing paragraph (b) would be deleted and replaced by new paragraph 
    (b). The word ``conventional'' would be removed and replaced by ten 
    subparagraphs that more accurately describe what is meant by that term. 
    The term ``single engine'' is changed to ``single engine, excluding 
    turbines'' to clarify the applicability of the Appendix. This change 
    would permit the use of a rotary engine. Note that this was 
    accomplished in JAR-VLA and AC 23-11 by using the term ``single engine 
    (spark- or compression-ignition).'' The format differs from that 
    originally proposed and agreed to by JAA/FAA structures specialists. 
    However, the technical content remains the same. The JAA believes that 
    these criteria represent those envisioned when Appendix A was first 
    introduced.
        Clarifying changes would be made to A23.11, paragraph (c)(1). Then, 
    six paragraphs and a diagram, with defined terms, would be added to 
    specify and clarify the conditions that apply. Paragraph (d) would be 
    revised to correct a section reference.
        The Chordwise Distribution for the Horizontal Tail I portion of 
    Table 2 would be deleted and replaced by the reference ``See Figure 
    A7'' so that a more appropriate design load may be applied. The 
    Vertical Tail II portion of Table 2 would be corrected by removing the 
    (a) and (b) references, and duplicate statements, so that ``Right and 
    Left,'' ``Figure A5 Curve (1),'' and ``Same as above'' remain in the 
    columns.
        A new Figure A7 would be added to define both the chordwise load 
    distribution and its corresponding parameters.
    
    Regulatory Evaluation Summary
    
    Preliminary Regulatory Evaluation, Initial Regulatory Flexibility 
    Determination, and Trade Impact Assessment
    
        Proposed changes to Federal regulations must undergo several 
    economic analyses. First, Executive Order 12866 directs that each 
    Federal Agency shall propose or adopt a regulation only upon a reasoned 
    determination that the benefits of the intended regulation justify its 
    costs. Second, the Regulatory Flexibility Act of 1980 requires agencies 
    to analyze the economic effects of regulatory changes on small 
    entities. Third, the Office of Management and Budget directs agencies 
    to assess the effects of regulatory changes on international trade. In 
    conducting these analyses, the FAA has determined that this rule: (1) 
    would generate benefits that justify its costs and is not a 
    ``significant regulatory action'' as defined in the Executive Order; 
    (2) is not significant as defined in DOT's Policies and Procedures; (3) 
    would not have a significant impact on a substantial number of small 
    entities; and (4) would not constitute a barrier to international 
    trade. These analyses, available in the docket, are summarized below.
    
    Regulatory Evaluation Summary
    
        Of the part 23 sections that would be amended or added, the FAA has 
    identified only 6 that would result in additional compliance costs, 
    totalling between $12,000 and $20,000 per certification. When amortized 
    over a production run, these costs would have a negligible impact on 
    the cost per airplane. The FAA solicits comments concerning the 
    incremental certification/development costs attributable to the 
    proposed rule.
        The primary benefit of the proposed rule would be the cost 
    efficiencies of harmonization with the JAR for those manufacturers who 
    choose to market airplanes in JAA countries as well as to manufacturers 
    in JAA countries who choose to market airplanes in the United States. 
    Other benefits of the proposed rule would 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 proposed rule would 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 proposed amendments would not have a significant economic 
    impact on a substantial number of small entities.
    
    International Trade Impact Assessment
    
        The proposed rule would not constitute a barrier to international 
    trade, including the export of American goods and services to foreign 
    countries and the import of foreign goods and services into the United 
    States. Instead, the proposed airframe certification procedures would 
    be harmonized with those of the JAA and would lessen restraints on 
    trade.
    
    Federalism Implications
    
        The regulations proposed 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, 
    according to Executive Order 12612, it is determined that this proposal 
    would not have sufficient federalism implications to warrant the 
    preparation of a Federalism Assessment.
    
    Conclusion
    
        The FAA proposes to revise the airframe airworthiness standards for 
    normal, utility, acrobatic, and commuter category airplanes to 
    harmonize them with the standards that were published for the same 
    category airplanes by the Joint Airworthiness Authorities in Europe. If 
    adopted, the proposed revisions would 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 a different country.
        For the reasons discussed in the preamble, and based on the 
    findings in the Regulatory Evaluation, the FAA has determined that this 
    proposed regulation is not significant under Executive Order 12866. In 
    addition, the FAA certifies that this proposal, if adopted, would not 
    have a significant economic impact on a substantial number of small 
    entities under the criteria of the Regulatory Flexibility Act. This 
    proposal is not considered significant under DOT Regulatory Policies 
    and Procedures (44 FR 11034, February 26, 1979). An initial regulatory 
    evaluation of the proposal 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 Proposed Amendment
    
        In consideration of the foregoing, the Federal Aviation 
    Administration proposes to amend part 23 of the Federal Aviation 
    Regulations (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. app. 1344, 1354(a), 1355, 1421, 1423, 1425, 
    1428, 1429, 1430; 49 U.S.C. 106(g).
    
        2. Section 23.301 is amended by revising paragraph (d) 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, 
    section A23.1, 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 paragraphs (a)(1) 
    introductory text, (a)(1)(i), and (a)(1)(ii); by removing the period 
    and adding ``; and either'' 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 is amended by revising paragraph (a)(1) to read 
    as follows:
    
    
    Sec. 23.337  Limit maneuvering load factors.
    
        (a) * * *
    
    TP08JY94.004
    
    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:
    
    TP08JY94.005
    
    * * * * *
    W/S=Wing loading (p.s.f.) due to 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 
    1.8VSF, 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.
        However, 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 on the other side.
    * * * * *
        10. Section 23.369(a) is revised to read as follows:
    
    
    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 acrobatic maneuvers, each engine 
    mount and its supporting structures must be designed to withstand the 
    combined maximum yaw velocity, pitch velocity, and corresponding load 
    factors expected during such maneuvers.
        (c) For commuter category airplanes, the gust conditions specified 
    in Sec. 23.341 must be added to the conditions required by paragraph 
    (a) of this section.
    
    
    Sec. 23.391  [Amended]
    
        12. Section 23.391 is amended by removing paragraph (b) and 
    removing the designation ``(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
    
    TP08JY94.010
    
    
    BILLING CODE 4910-13-C
        (2) The rudder must be suddenly displaced from the maximum 
    deflection to the neutral position.
    * * * * *
        17. Section 23.443 is amended by revising paragraph (c) 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:
    
    TP08JY94.006
    
    where--
    
    Lvt=Vertical surface loads (lbs.);
    
    TP08JY94.007
    
    
    TP08JY94.008
    
    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 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 paragraph (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 mechanical 
    connection to the rudder pedals, the steering torque must be designed 
    to withstand 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 the introductory text of 
    paragraph (b); by revising paragraphs (d)(1)(i) through (d)(1)(iv); by 
    removing paragraph (d)(1)(v); 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 and by 
    revising paragraphs (a) introductory text and (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 in its place 
    ``Sec. 23.571(a)(3)''; 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) * * *
        (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 non-self-locking bolt, screw, nut, pin, or other fastener 
    must, if its loss would preclude continued safe flight and landing, 
    incorporate a locking device.
        (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 paragraph (b) as paragraph (c) 
    and revising it; by redesignating existing paragraph (c) as paragraph 
    (b) and revising its introductory text; 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) * * *
    
    TP08JY94.014
    
    * * * * *
        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 designed 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 title, section A23.1, 
    paragraphs A23.11 (c)(1) and (d), and Table 2; and by adding Figure A7 
    to the end of the Appendix read as follows:
    
    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 turbines;
        (2) A main wing located closer to the airplane's center of 
    gravity than the aft, fuselage-mounted, empennage;
        (3) A main wing that contains a quarter-chord sweep angle of not 
    more that 15 degrees fore and 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 planform area not greater than 10 percent of 
    the wing planform area; and
        (10) Symmetrical airfoils must be used in both the horizontal 
    and vertical tail designs.
        (b) This 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 planforms (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 balanced surfaces.
        (ii) The load on the stabilizer and elevator, and the load on 
    fin and rudder, must be distributed chordwise as shown in Figure A7 
    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:
    
    TP08JY94.009
    
    
    BILLING CODE 4910-13-M
    
    TP08JY94.011
    
    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
    
    TP08JY94.012
    
    
    TP08JY94.013
    
    
    BILLING CODE 4910-13-C
        Issued in Washington, DC, on July 5, 1994.
    Thomas E. McSweeny,
    Director, Aircraft Certification Service.
    [FR Doc. 94-16612 Filed 7-7-94; 8:45 am]
    BILLING CODE 4910-13-M
    
    
    

Document Information

Published:
07/08/1994
Department:
Federal Aviation Administration
Entry Type:
Uncategorized Document
Action:
Notice of proposed rulemaking.
Document Number:
94-16612
Dates:
Comments must be submitted on or before November 7, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: July 8, 1994, Docket No. 27805, Notice No. 94-20
RINs:
2120-AE62: JAR/FAR Harmonization Initiatives -- Airframe
RIN Links:
https://www.federalregister.gov/regulations/2120-AE62/jar-far-harmonization-initiatives-airframe
CFR: (47)
14 CFR 23.573(b)
14 CFR 23.673(b)
14 CFR 23.397(b)
14 CFR 23.473(c)(1)
14 CFR 23.787(c)
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