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.

Proposed Rules Federal Register

5552

Vol. 62, No. 25

Thursday, February 6, 1997

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. 136CE, Special Condition 23–

ACE–88]

Special Conditions; Ballistic Recovery

Systems Cirrus SR–20 Installation

AGENCY: Federal Aviation

Administration (FAA), DOT.

ACTION: Notice of proposed special

conditions.

SUMMARY: This notice proposes special

conditions for the type certification of

the Ballistic Recovery Systems, Inc.,

(BRS) parachute recovery system

installed in the Cirrus SR–20 Model

airplane. This system is referred to as

the General Aviation Recovery Device

(GARD). Airplanes modified to use this

system will incorporate novel or

unusual design features for which the

applicable airworthiness regulations do

not contain adequate or appropriate

safety standards. These special

conditions contain the additional

airworthiness standards that the

Administrator considers necessary to

establish a level of safety equivalent to

the original certification basis for these

airplanes.

DATES: Comments must be received on

or before March 10, 1997.

ADDRESSES: Comments on this proposal

may be mailed in duplicate to: Federal

Aviation Administration, Office of the

Assistant Chief Counsel, ACE–7,

Attention: Rules Docket Clerk, Docket

No. 136CE, Room 1558, 601 East 12th

Street, Kansas City, Missouri 64106. All

comments must be marked: Docket No.

136CE. Comments may be inspected in

the Rules Docket weekdays, except

Federal holidays, between 7:30 a.m. and

4:00 p.m.

FOR FURTHER INFORMATION CONTACT:

Lowell Foster, Aerospace Engineer,

Standards Office (ACE–110), 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 these

special conditions by submitting such

written data, views, or arguments as

they may desire. Communications

should identify the regulatory docket or

notice number and be submitted in

duplicate to the address specified above.

All communication received on or

before the closing date for comments

specified above will be considered by

the Administrator before taking further

rulemaking action on this proposal.

Commenters wishing the FAA to

acknowledge receipt of their comments

submitted in response to this notice

must include a self-addressed, stamped

postcard on which the following

statement is made: ‘‘Comments to

Docket No. 136CE.’’ The postcard will

be date stamped and returned to the

commenter. The proposals contained in

this notice may be changed in light of

the 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 parties. A report summarizing

each substantive public contact with

FAA personnel concerned with this

rulemaking will be filed in the docket.

Background

On March 7, 1996, Cirrus Design,

4515 Taylor Circle, Duluth, MN 55811,

filed an application for a type certificate

(TC). Included in this TC application

was the provision to install the BRS

GARD parachute recovery system as

standard equipment on each Cirrus

Model SR–20 airplane. The parachute

recovery system is intended to recover

an airplane in emergency situations

such as mid-air collision, loss of engine

power, loss of airplane control, severe

structural failure, pilot disorientation, or

pilot incapacitation with a passenger on

board. The GARD system, which is only

used as a last resort, is intended to

prevent serious injuries to the airplane

occupants by parachuting the airplane

to the ground.

The parachute recovery system

consists of a parachute packed in a

canister mounted on the airframe. A

solid propellant rocket motor deploys

the canopy and is located on the side of

the canister. A door positioned above

the canister seals the canister, parachute

canopy, and rocket motor from the

elements and provides free exit when

the canopy is deployed. The system is

deployed by a mechanical pull handle

mounted so that the pilot and passenger

can reach it. At least two separate and

independent actions are required to

deploy the system.

A multi-cable bridle attaches the

canopy bridle to the airplane primary

structure. The cable lengths are sized to

provide the best airplane touchdown

attitude. The cables are routed from the

parachute canister thru the fuselage and

run externally to the fuselage attach

points. The external portion of these

cables are covered with small frangible

fairings.

Discussion

Special conditions may be issued and

amended, as necessary, as part of the

type certification basis if the

Administrator finds that the

airworthiness standards designated in

accordance with § 21.101(b)(1) do not

contain adequate or appropriate safety

standards because of the novel and

unusual design features of the airplane

modification. Special conditions, as

appropriate, are issued after public

notice in accordance with § 11.49 (as

amended September 25, 1989), as

required by §§ 11.28 and 11.29(b). The

special conditions become part of the

type certification basis, as provided by

§ 21.17(a)(2).

The installation of parachute recovery

systems in 14 CFR part 23 airplanes was

not envisioned when the certification

basis for these airplanes was

established. In addition, the

Administrator has determined that

current regulations do not contain

adequate or appropriate safety standards

for a parachute recovery system;

therefore, this system is considered a

novel and unusual design feature. The

flight test demonstration requirements

will ensure that the parachute recovery

system will perform its intended

function without exceeding its strength

capabilities. Demonstrations will be

required to show that the parachute will

deploy in specified flight conditions at

both ends of the flight envelope. These

conditions are a high speed deployment

and deployment during a one-turn spin

entry. If the airplane is spin resistant,
Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Proposed Rules 5553

the condition is the maneuver that

results from pro-spin control inputs

held for one turn, or three seconds,

whichever comes first.

Occupant restraint requirements will

ensure that the airplane is equipped

with a restraint system designed to

protect the occupants from injury

during parachute deployment and

ground impact. Each occupant seat must

meet the requirements of 14 CFR part

23, § 23.562 as part of the original

certification basis.

Requirements for parachute

performance will ensure all of the

following: (a) The parachute complies

with the applicable section of TSO-C23c

(SAE AS8015A) at the maximum

airplane weights. (b) The parachute

deployment loads do not exceed the

structural strength of the airplane. (c)

The system will provide a ground

impact that does not result in serious

injury of the passengers. (d) The system

will operate in adverse weather

conditions.

The requirements for the functions

and operations of the parachute

recovery system will ensure all of the

following: (a) There is no fire hazard

associated with the system. (b) The

failure of this system has to be shown

to be extremely improbable. The

installation of this system allows relief

from another part 23 requirement, spins.

For this reason, it will need to be a

dispatch item and have a high level of

reliability. (c) That the system will work

in all adverse weather conditions that

the airplane is approved to operate in,

including the IFR and icing

environments. (d) The sequence of

arming and activating the system will

prevent inadvertent deployment. (e) The

system can be activated from either the

pilot’s or the copilot’s position by

various sized people. (f) The system will

be labeled to show its identification

function and operating limitations. (g) A

warning placard will be located on the

fuselage near the rocket motor to warn

rescue crews of the ballistic system. (h)

The FAA-approved flight manual will

include a thorough explanation of

system’s operation and limitations as

well as the safe deployment envelope.

(i) The occupants are protected from

serious injury after touchdown in

adverse weather.

Requirements for protection of the

parachute recovery system will ensure

the following: the system is protected

from deterioration due to weathering,

corrosion, and abrasion; provisions are

made to provide adequate ventilation

and drainage of the airplane structure

that houses the parachute canister.

Requirements for a system inspection

provision will ensure that adequate

means are available to permit

examination of the parachute recovery

system components and that

instructions for continued airworthiness

are provided.

Requirements for the system to

function throughout the entire

operational flight envelope are

incorporated because it is reasonable to

expect pilots to deploy the system any

time that there is a catastrophic failure.

Requirements for operating

limitations of the parachute recovery

system will ensure that the system

operating limitations and deployment

envelope are prescribed, including

inspection, repacking, and replacing the

system’s parachute deployment

mechanism at approved intervals.

Conclusion

This action affects only novel and

unusual design features on specified

model/series airplanes. It is not a rule of

general applicability and affects only

those applicants who apply to the FAA

for approval of these features on these

airplanes.

List of Subjects in 14 CFR Part 23

Aircraft, Aviation safety, Signs and

symbols.

Citation

The authority citation for this special

condition is as follows:

Authority: 49 U.S.C. 106(g), 40113 and

44701; 14 CFR 21.16 and 101; and 14 CFR

11.28 and 11.49

The Proposed Special Conditions

Accordingly, pursuant to the

authority delegated to me by the

Administrator, the Federal Aviation

Administration proposes the following

special conditions as part of the type

certification basis for the Cirrus Model

SR–20 airplanes:

1. Flight Test Demonstration

(a) The system must be demonstrated

in flight to satisfactorily perform its

intended function, without exceeding

the system deployment design loads, for

the critical flight conditions.

(b) Satisfactory deployment of the

parachute must be demonstrated, at the

most critical airplane weight and

balance, for the following flight

conditions:

(1) One of the two maneuvers, (i) or

(ii), must be performed for the low

speed end of the flight envelope;

(i) Spin with deployment at one turn

or 3 seconds, whichever is longer; or (ii)

Deployment immediately following the

maneuver that results from a pro-spin

control input held for one turn or 3

seconds, whichever is longer.

(2) Never exceed speed with 1g

normal load.

2. Occupant Restraint

Each seat in the airplane must be

equipped with a restraint system,

consisting of a seat belt and shoulder

harness, that will protect the occupants

from head and upper torso injuries

during parachute deployment and

ground impact at the critical load

conditions.

3. Parachute Performance

(a) The parachute must comply with

the applicable requirements of TSO–

C23c, or an approved equivalent, for the

maximum airplane weight at paragraph

1(b)(2).

(b) The loads during deployment must

not exceed 80 percent of the ultimate

design load for the attaching structure,

the cabin structure surrounding the

occupants, and any interconnecting

structure of the airplane.

(c) It must be shown that, although

the airplane structure may be damaged,

the airplane impact during touchdown

will result in an occupant environment

in which serious injury to the occupants

is improbable.

(d) It must be shown that, with the

parachute deployed, the airplane can

impact the ground in various adverse

weather conditions, including winds up

to 15 knots, without endangering the

airplane occupants.

4. System Function and Operations

(a) It must be shown that there is no

fire hazard associated with activation of

the system.

(b) The system must be shown to

perform its intended function and

system failure must be shown to be

extremely improbable.

(c) It must be shown that reliable and

functional deployment in the adverse

weather conditions that the airplane is

approved for have been considered. For

example, if the aircraft is certified for

flight into known icing, and flight test

in actual icing reveals that ice may

cover the deployment area, then the

possible adverse effects of ice or an ice

layer covering the parachute

deployment area should be analyzed.

(d) It must be shown that arming and

activating the system can only be

accomplished in a sequence that makes

inadvertent deployment extremely

improbable.

(e) It must be demonstrated that the

system can be activated without

difficulty by various sized people, from

a 10th percentile female to a 90th

percentile male, while sitting in the

pilot or copilot seat.
5554 Federal Register / Vol. 62, No. 25 / Thursday, February 6, 1997 / Proposed Rules

(f) The system must be labeled to

show its identification, function, and

operating limitations.

(g) A warning placard must be located

on the fuselage near the rocket motor

warning of the rocket.

(h) The FAA-approved flight manual

must include a thorough explanation of

operation and limitations as well as the

safe deployment envelope.

(i) It must be shown that the

occupants will be protected from

serious injury after touchdown under

various adverse weather conditions,

including high winds.

5. System Protection

(a) All components of the system must

provide protection against deterioration

due to weathering, corrosion, and

abrasion.

(b) Adequate provisions must be made

for ventilation and drainage of the

parachute canister and associated

structure to ensure the sound condition

of the system.

6. System Inspection Provisions

(a) Instructions for continued

airworthiness must be prepared for the

system that meet the requirements of

§ 23.1529.

(b) Adequate means must be provided

to permit the close examination of the

parachute and other system components

to ensure proper functioning, alignment,

lubrication, and adjustment during the

required inspection of the system.

7. Operating Limitations

(a) Operating limitations must be

prescribed to ensure proper operation of

the system within its deployment

envelope. A detailed discussion of the

system, including operation, limitations

and deployment envelope must be

included in the Airplane Flight Manual.

(b) The deployment envelope of the

GARD system must be the same as the

normal operating envelope of the

airplane.

(c) Operating limitations must be

prescribed for inspecting, repacking,

and replacing the parachute and

deployment mechanism at approved

intervals.

Issued in Kansas City, Missouri on January

21, 1997.

Henry A. Armstrong,

Acting Manager, Small Airplane Directorate,

Aircraft Certification Service.

[FR Doc. 97–2960 Filed 2–5–97; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF LABOR

Mine Safety and Health Administration

30 CFR Parts 56, 57, 62, 70, and 71

RIN 1219–AA53

Health Standards for Occupational

Noise Exposure

AGENCY: Mine Safety and Health

Administration, (MSHA) Labor.

ACTION: Proposed rule; extension of

comment period and notice of hearings.

SUMMARY: MSHA is extending the

period for public comment regarding the

Agency’s proposed rule for occupational

noise exposure, which was published in

the Federal Register on December 17,

1996. The Agency also is announcing

that it intends to hold public hearings.

These hearings will be held under

section 101 of the Federal Mine Safety

and Health Act of 1977. The rulemaking

record will remain open until June 16,

1997.

DATES: Comments must be received on

or before April 21, 1997. All requests to

make oral presentations for the record

should be submitted at least 5 days prior

to each hearing date. However, you do

not have to give a written request to be

provided an opportunity to speak. The

public hearings are scheduled to be held

at the following locations on the dates

indicated:

May 6, 1997–Beaver, West Virginia

(Beckley)

May 8, 1997–St. Louis, Missouri

May 13, 1997–Denver, Colorado

May 15, 1997–Las Vegas, Nevada

May 20, 1997–Atlanta, Georgia

May 22, 1997–Washington, DC

Each hearing will last from 9:00 a.m.

to 5:00 p.m., but will continue into the

evening if necessary.

The record will remain open after the

hearings until June 16, 1997.

ADDRESSES: Comments on the proposed

rule may be transmitted by electronic

mail, fax, or mail. Comments by

electronic mail must be clearly

identified as such and sent to this e-mail

address: noise@msha.gov. Comments by

fax must be clearly identified as such

and sent to: MSHA, Office of Standards,

Regulations, and Variances, 703–235–

5551. Send mail comments to: MSHA,

Office of Standards, Regulations, and

Variances, Room 631, 4015 Wilson

Boulevard, Arlington, VA 22203–1984,

or any MSHA district or field office. The

Agency will have copies of the proposal

available for review by the mining

public at each district and field office

location, and each technical support

center. The document will also be

available for loan to interested members

of the public on an as needed basis.

MSHA will also accept written

comments from the mining public in the

field and district offices and technical

support centers. These comments will

be a part of the official rulemaking

record. Interested persons are

encouraged to supplement written

comments with computer files or disks;

please contact the Agency with any

questions about format.

Send requests to make oral

presentations to: MSHA, Office of

Standards, Regulations, and Variances,

Room 631, 4015 Wilson Boulevard,

Arlington, VA 22203–1984.

The hearings will be held at the

following locations:

May 6, 1997, National Mine Health &

Safety Academy, Auditorium, 1301

Airport Road, Beaver, West Virginia

(Beckley) 25813.

May 8, 1997, Harley Hotel, North

Ballroom, 3400 Rider Trail South, St.

Louis, Missouri 63134.

May 13, 1997, Four Points Sheraton

Hotel, Mount Evans Room, 3535

Quebec Street, Denver, Colorado

80207.

May 15, 1997, Quality Inn, 377 E.

Flamingo Road, Las Vegas, Nevada

89109.

May 20, 1997, Holiday Inn Airport, 5010

Old National Highway, Atlanta,

Georgia 30349.

May 22, 1997, Department of Labor,

Frances Perkins Building,

Auditorium, 200 Constitution

Avenue, NW., Washington, DC 20210.

FOR FURTHER INFORMATION CONTACT:

Patricia W. Silvey, Director, Office of

Standards, Regulations, and Variances,

MSHA, phone 703–235–1910.

SUPPLEMENTARY INFORMATION: On

December 17, 1996, MSHA published in

the Federal Register (61 FR 66348) a

proposed rule to revise the Agency’s

existing health standards for

occupational noise, allowing 60 days for

public comment. The Agency has

received a number of requests from the

mining community to extend the period

for comment. These requests include a

range of from 15 to 180 additional days.

The comment period was scheduled to

close on February 18, 1997. MSHA does

not believe that an extension of 180

days (until August 17, 1997) is

warranted. The Agency believes that a

more reasoned response is an extension

until April 21, 1997, an additional 60

days beyond the original comment

period. The Agency believes that this

extension will provide sufficient time

for all interested parties to review and

comment on the proposal, and does not