Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Notices 58307

Reconstruct SE Hangar Pavement, Y2K

Assessment/Upgrade Security Access

Control, South Ramp Security Fence,

Taxiway D Reconstruction, SE Water

Main Extension, Upgrade Airfield

Lighting System, South Ramp Storm

Drain Extension, Environmental Study

for 10R/28L Service Road,

Environmental Study for Airport Road

Extension, Phases 2 and 3, North Side

Perimeter Fence Replacement, Upper

Mezzanine Elevator, Fire Apparatus

Pump Upgrade and Vegetation/Wildlife

Management Plan.

Class or classes of air carriers which

the public agency has requested not be

required to collect PFCs: Unscheduled/

intermittent part 135 Air Taxi/

commercial operators.

Any person may inspect the

application in person at the FAA office

listed above under FOR FURTHER

INFORMATION CONTACT and at the FAA

Regional Airports Division located at:

Federal Aviation Administration,

Airports Division, 15000 Aviation Blvd.,

Lawndale, CA 90261. In addition, any

person may, upon request, inspect the

application, notice and other documents

germane to the application in person at

the Monterey Peninsula Airport District.

Issued in Hawthorne, California, on

September 14, 2000.

Herman C. Bliss,

Manager, Airports Division, Western-Pacific

Region.

[FR Doc. 00–24936 Filed 9–27–00; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

[Policy Statement Number ACE–00–23.561–

01]

Issuance of Policy Statement, Methods

of Approval of Retrofit Shoulder

Harness Installation in Small Airplanes

AGENCY: Federal Aviation

Administration, DOT.

ACTION: Notice of policy statement.

SUMMARY: This document announces an

FAA general statement of policy

applicable to modifying small airplanes.

This document advises the public, in

particular, small airplane owners and

modifiers, of more information related

to acceptable methods of approval of

retrofit harness installations. This notice

is necessary to tell the public of FAA

policy.

FOR FURTHER INFORMATION CONTACT:

Michael Reyer, Federal Aviation

Administration, Small Airplane

Directorate, ACE–111, Room 301, 901

Locust, Kansas City, Missouri 64106;

telephone (816) 329–4131; fax 816–329–

4090; e-mail: michael.reyer@faa.gov.

SUPPLEMENTARY INFORMATION:

Background

This notice announces the following

policy statement, ACE–00–23.561–01.

The purpose of this statement is to

address methods of approval for retrofit

shoulder harness installations in small

airplanes.

What Is the General Effect of This

Policy?

The FAA is presenting this

information as a set of guidelines

suitable for use. However, we do not

intend that this policy set up a binding

norm; it does not form a new regulation

and the FAA would not apply or rely on

it as a regulation.

The FAA Aircraft Certification Offices

(ACO’s) and Flight Standards District

Offices (FSDO’s) that certify changes in

type design and approve alterations in

normal, utility, and acrobatic category

airplanes should try to follow this

policy when appropriate. Applicants

should expect the certificating officials

would consider this information when

making findings of compliance relevant

to retrofit shoulder harness installations.

As with all advisory material, this

statement of policy identifies one way,

but not the only way, of compliance.

General Statement of Policy

Summary

A retrofit shoulder harness

installation in a small airplane may

receive approval by Supplemental Type

Certificate (STC), Field Approval, or as

a minor change. An STC is the most

rigorous means of approval and offers

the highest assurance the installation

meets all the airworthiness regulations.

A Field Approval is a suitable method

of approval for a shoulder harness

installation that needs little or no

engineering. Shoulder harness

installations may receive approval as a

minor change in certain cases. In such

cases, the FAA certificated mechanic

who installs the shoulder harness

records it as a minor change by making

an entry in the maintenance log of the

airplane.

The FAA does not encourage the

approval of retrofit shoulder harness

installations as minor changes. The

preferred methods of approval are

Supplemental Type Certificate or Field

Approval. However, the FAA should not

forbid the approval of a retrofit shoulder

harness installation as a minor change

in:

• The front seats of those small

airplanes manufactured before July 19,

1978, and

• In other seats of those small

airplanes manufactured before

December 13, 1986.

A retrofit shoulder harness

installation may receive approval as a

minor change in these small airplanes if:

• The installation requires no change

of the structure (such as welding or

drilling holes).

• The certification basis of the

airplane is 14 CFR part 23 before

Amendment 23–20, part 3 of the Civil

Air Regulations, or a predecessor

regulation.

In addition, a minor change

installation should follow the guidance

for hardware, restraint angles, and

attachment locations provided in:

• Advisory Circular (AC) 43.13–2A,

Acceptable Methods, Techniques, and

Practices Aircraft Alterations.

• AC 21–34, Shoulder Harness—

Safety Installations.

• AC 23–4, Static Strength

Substantiation of Attachment Points for

Occupant Restraint System Installations.

Installations approved as a minor

change may not provide the occupant

with the protection required by

regulation (Civil Air Regulation (CAR)

3.386 or 14 CFR part 23, 23.561).

However, a properly installed retrofit

shoulder harness installation is a safety

improvement over occupant restraint by

seat belt alone.

Introduction

In January 1997, the Anchorage

Aircraft Certification Office (ACO)

Manager requested the Small Airplane

Directorate to study the issue of retrofit

shoulder harness installations in small

airplanes. The Anchorage ACO

specifically requested guidance for a

Supplemental Type Certificate (STC)

project to install shoulder harness in

Piper PA–18 series airplanes. Shoulder

harnesses are approved under Technical

Standard Order (TSO)–C114 Torso

Restraint Systems, or by other

acceptable means appropriate to the

certification basis of the airplane in

which they will be installed. This policy

statement addresses the approval of the

shoulder harness installation only.

During 1998, the Small Airplane

Directorate took part in the Aviation

Safety Program to increase the use and

effectiveness of occupant restraint

systems in general aviation airplanes.

This program supports the occupant

survivability element of the

Administrator’s Safety Agenda for

general aviation. The FAA has a goal of

significantly reducing the number of

fatal accidents over a ten-year period.

58308 Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Notices

Most of the content of this policy was

presented in a paper at the August 19,

1998, meeting of this Aviation Safety

Program.

The Manager of the Aircraft

Maintenance Division of Flight

Standards, AFS–300, has reviewed and

agrees with this policy.

General Discussion of Comments

Has FAA Taken Any Action to This

Point?

We issued a notice of policy

statement, request for comments. This

proposed policy appeared in the

Federal Register on June 14, 2000 (65

FR 37449) and the public comment

period closed July 14, 2000.

Was the Public Invited To Comment?

The FAA encouraged interested

people to join in making this proposed

policy. We received comments from 12

different commenters. Commenters

included pilots, operators, individuals,

manufacturers, and organizations

representing these groups. Most of the

commenters were supportive of the

proposed policy.

Commenters praised the proposed

policy for promoting safety, especially

on older airplanes. We will discuss the

general comments and concerns then we

will discuss comments that are more

specific.

General and Miscellaneous Comments

One individual wrote, ‘‘I would like

to give my support to the opportunity

for minor changes to allow shoulder

harness installations in older aircraft.’’

Another commenter noted, ‘‘This is

indicative of a long overdue recognition

that better is the enemy of the good, and

people need to make these reasonable

improvements even if they cannot be of

the standard of current regulations for

new aircraft. Well done!’’ A commenter

representing an organization wrote that

they had reviewed the policy

memorandum proposal on retrofit

shoulder harness on small airplanes and

agree.

Mandatory Harness Requirement

A pilot wrote, ‘‘Having actually been

in an aircraft crash situation, I feel quite

strongly that shoulder harnesses in all

aircraft seating positions should be

mandatory.’’

Removing many of the barriers

associated with installing retrofit

shoulder harnesses will allow owners of

older aircraft to have them installed in

their aircraft. With the removal of these

barriers, it is not necessary to place an

additional regulatory burden on aircraft

owners. The policy statement does not

form a new regulation and the FAA will

not apply or rely on it as a regulation.

Acceptable Harness for Minor Change

Installations

An operator and pilot commented,

‘‘Many of the racing industries

commonly available four and five point

safety harnesses are tested to standards

and loads that easily exceed the FAA’s

1,500 pound failure limit load. These

very affordable harnesses, much less

expensive shoulder and lap harnesses

could be easily installed with over the

counter hardware aviation hardware

and would be a highly positive safety

enhancement.’’ Similarly, a

manufacturer wrote that minor change

installations of retrofit shoulder

harnesses should include those

produced under a Parts Manufacturer

Approval (PMA), harnesses that meet

military specification requirements, and

harnesses that meet Society of

Automotive Engineers aircraft restraint

system requirements.

We agree that removing many of the

barriers associated with the installation

of retrofit shoulder harnesses will allow

owners of certain small aircraft to

increase the level of safety in their

aircraft. We also agree that we should

allow minor change installations that

use non-TSO–C114 harnesses. However,

apart from TSO–C114 harnesses, we

will accept only those harnesses that

meet the Society of Automotive

Engineers Aerospace Standard 8043,

harnesses produced under a Parts

Manufacturer Approval (PMA) or

harnesses that meet aircraft military

specification requirements. We have

revised the policy statement to include

these other harnesses.

Attachments to Unsupported Tubes

The same manufacturer also suggested

that:

• FAA allow attachments to

unsupported tube elements as minor

changes;

• The unsupported tube issue needs

more study;

• Companion guidance materiel to

the retrofit shoulder harness policy

statement should address restraint

attachment points; and

• FAA develop guidance regarding

replacement and maintenance of

existing seat belts and shoulder harness

installations.

We disagree. The FAA will study this

suggestion in further detail but we are

unwilling to change existing guidance

on methods of attachment. We agree

that we should develop companion

guidance that addresses the restraint

points and replacement and

maintenance.

Level of Safety, Attachment Methods,

and Material Variability

A second manufacturer wrote

concerning the policy that we address:

• Appropriate attachment methods in

the policy,

• Production material variability, and

• Improper installation and

attachment.

We agree with these comments and

address them in the policy statement.

This manufacturer also wants to see

the policy address the loading, level of

safety, head impact injury criteria, and

strength requirements of 14 CFR part 23,

§ 23.561.

The FAA disagrees. Installation of

shoulder harnesses may be

accomplished without FAA approval if

the installation is a minor change to the

airplane design. If the installation is a

major change, a Supplemental Type

Certificate or Field Approval must be

obtained.

For aircraft type certificated before the

effective date of Amendment 23–20, the

shoulder harnesses need not meet the

requirements of 14 CFR 23.561, and its

predecessor regulations, if the

installation of the harness is not

essential to the operation of the

airplane. A shoulder harness installed

as a minor change does not have to

provide the level of safety required in 14

CFR 23.561. The head impact injury

criteria and strength requirements of the

harnesses, including fitting factors, do

not have to be met for minor change

installations.

The Policy

References

1. Advisory Circular (AC) 21–34,

Shoulder Harness—Safety Belt

Installations, June 4, 1993.

2. AC 23–4, Static Strength

Substantiation of Attachment Points for

Occupant Restraint System Installations,

June 20, 1986.

3. AC 43.13–2A, Acceptable Methods,

Techniques, and Practices—Aircraft

Alternations, Revised 1977.

4. Order 8300.10, Airworthiness

Inspector’s Handbook, Change 12,

December 14, 1999, Volume II.

5. Technical Standard Order (TSO)–

C114, Torso Restraint Systems, March

27, 1987.

6. Technical Standard Order C–22f,

Safety Belts, May 1, 1972.

Discussion

What Are the Requirements?

1. Front seat shoulder harnesses

required. Section 23.785 of 14 CFR part

23 as amended by Amendment 23–19

effective July 18, 1977, required all

normal, utility, and acrobatic category

Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Notices 58309

airplanes for which application for type

certificate was made on or after July 18,

1977, to have an approved shoulder

harness for each front seat. Section

91.205(b)(14) requires all small civil

airplanes manufactured after July 18,

1978, to have an approved shoulder

harness for each front seat. The shoulder

must be designed to protect the

occupant from serious head injury when

the occupant experiences the ultimate

inertia forces specified in § 23.561(b)(2).

The inertia force requirements are

discussed in paragraph 3 below.

2. Shoulder harnesses required at all

seats. Section 91.205(b)(16) requires all

normal, utility, and acrobatic category

airplanes with a seating configuration of

9 or less, excluding pilot seats,

manufactured after December 12, 1986,

to have a shoulder harness, for forwardfacing and aft-facing seats, that meets

the requirements of § 23.785(g) [which

requires that the occupant be protected

from the ultimate inertia forces

specified in § 23.561(b)(2)]. Section

23.785(g) also provides: ‘‘For other seat

orientations, the seat and restraint

means must be designed to provide a

level of occupant protection equivalent

to that provided for forward and aftfacing seats with safety belts and

shoulder harnesses installed.’’ The

above part 91 operating rule stems from

§ 23.2, Special retroactive requirements,

Amendment 23–32, effective December

12, 1985.

3. Belts or harnesses provided for in

the design. Civil Air Regulation (CAR)

3.386 and part 23, § 23.561,

Amendments 23–0 through 23–34,

effective February 17, 1987, require

occupant protection from serious injury

during a minor crash landing when

‘‘proper use is made of belts or

harnesses provided for in the design,’’

when the occupants are subjected to the

following ultimate inertia forces:

Normal &

utility

category

Acrobatic

category

Forward ................. 9.0g 9.0g

Sideward ............... 1.5g 1.5g

Upward ................. 3.0g 4.5g

With Amendment 23–36, effective

September 14, 1998, the text of § 23.561

quoted above was changed to read:

‘‘proper use is made of seats, safety

belts, and shoulder harnesses provided

for in the design.’’ Section 23.785(b) was

also changed to read:

‘‘Each forward-facing or aft-facing

seat/restraint system in normal, utility,

or acrobatic category airplanes must

consist of a seat, safety belt, and

shoulder harness that are designed to

provide the occupant protection

provisions required in § 23.562 of this

part. Other seat orientations must

provide the same level of occupant

protection as a forward-facing or aftfacing seat with a safety belt and

shoulder harness, and provide the

protection provisions § 23.562 of this

part.’’

The emergency landing ultimate

inertia load factors have remained

unchanged from Amendment 23–36

through Amendment 23–52, effective

April 30, 1997. Amendment 23–52 is

the latest amendment level to part 23.

For inertia force requirements for

occupant protection preceding CAR 3,

refer to Table 1 in AC 21–34 which lists

the requirements for the regulations

dating from Bulletin 7–A to the original

part 23.

What Are the Methods of Approval for

Retrofit Shoulder Harness installations?

1. Supplemental Type Certificate

(STC). An STC is the most desirable and

most rigorous approval. The STC offers

the highest assurance that all of the

airworthiness regulations have been

met. The STC approvals are issued by

the FAA Aircraft Certification Offices

(ACOs). STC approvals are usually

obtained by a shoulder harness

installation kit supplier for multiple

airplane installations in an airplane

model or model series.

AC’s 21–34 and 23–4 (References 1

and 2) provide guidance and acceptable

means of compliance for shoulder

harness and seat belt installations. AC

23–4 specifically addresses part 23

installations. These AC’s are also

applicable to installations in airplanes

having a certification basis of

predecessor regulations (for example,

CAR 3).

An applicant for an STC may use a

salvaged airplane fuselage to

substantiate the strength of the fuselage

and the shoulder harness attachment

fittings by structural tests, since the

shoulder harness attachment structural

test may damage an airworthy fuselage.

It may be problem that the available test

airframe may be stronger than the

lowest strength production airframe.

This may be a problem in steel tube

airframes.

During many years of producing such

airframes, various specification

materials may have been used. For

example, many CAR 3 (and predecessor

regulations) airplanes were originally

produced from 1025 steel tubing and

later constructed from higher strength

4130 steel. In one case studied, two

different specification 1025 steel tubings

were used which may have an ultimate

tensile strength (UTS) ranging from

55,000 to 79,000 pounds per square inch

(psi). The UTS for 4130 steel is 90,000

to 95,000 psi.

The test article should be

representative of the lowest strength

production airframe. This may be

accomplished by a conformity

inspection using the production

drawings. The strength of materials of

parts affected by the modification needs

to be verified by the airframe

manufacturer’s process and production

records. The serial number of the test

article needs to be verified.

An alternative course of action would

be to determine, by appropriate tests (for

example, chemical analysis, hardness

tests, strength tests), the strength of the

parts of the test article affected by the

modification. Follow with testing to a

conservatively higher load that accounts

for the difference in strengths of the test

article and the lowest strength

production article. Determination of the

higher applied test load should take into

account any uncertainty in the test(s)

used to determine the strength of the

material.

Another alternative course of action

may be to conduct the harness pull test

on the available test airframe. The

applicant may then substantiate the

strength of other tubing specifications

by a combination of test results and

analysis.

AC 23–4 provides an acceptable

means of compliance for static strength

substantiation of attachment points for

occupant restraint system installations.

A test block is described to apply the

9.0-g forward inertia load. The safety

belt installation alone is tested to 100

percent of the load. The shoulder and

safety belt combined load is distributed

40 percent to the shoulder harness and

60 percent to the seat belt.

In airplanes having side-by-side seats,

the pull test may need to be applied

simultaneously to the harness fittings

for both seats. However, this depends on

the type of harness and where the upper

ends are anchored. Normally, this

would not be necessary for a single

diagonal belt shoulder harness attached

to the outboard fuselage side or wing

spar root end.

In the case of a pull test for a retrofit

shoulder harness installation in the

tandem seated tubular steel PA–18

fuselage, the forward inertia load was

applied simultaneously for both

harnesses. This was done for

convenience in applying and reacting

the loads. It was found, that due to the

tube geometry, the load at the aft

harness attachment caused a tension in

the rear spar carrythrough tube. The

front seat shoulder harness upper end

was attached to the rear spar

carrythrough tube. This enabled the

58310 Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Notices

front seat harness attachment to test to

a higher load than if the pull test was

done to each harness individually. In

such a case, the test loads for each

harness should be done individually.

Part 21, § 21.50(b) requires the holder

of an STC to furnish Instructions for

Continued Airworthiness, prepared in

accordance with § 23.1529.

An STC can not be used to modify an

aircraft without the permission of the

STC holder. FAA Notice 8110.69 dated

June 30, 1997, requires the STC holder

to provide the customer (installer or

airplane owner) with a signed

permission statement that includes the

following:

• Product (aircraft, engine, propeller,

or appliance) to be altered, including

serial number of the product;

• The STC number; and

• The person(s) who is being given

consent to use the STC.

The permission statement needs to be

kept as part of the aircraft records. The

requirement for this permission

statement originated in the Federal

Aviation Authorization Act of 1996

(Public Law 104–264). This provision

was put into law to try to stop the

pirating of STC’s.

2. Field Approval. A shoulder harness

installation in a small airplane may

receive a Field Approval (FAA Form

337) granted by a Flight Standards

Aviation Safety Inspector. Field

Approvals are appropriate for

alterations that involve little or no

engineering. If the installation requires

structural modifications, an Aircraft

Certification Office will need to assist in

the Field Approval process by

approving the structural aspects of the

installation. A Field Approval

constitutes a change to type design and

must meet the same regulatory

requirements as an STC.

AC 43.13–2A (Reference 3) contains

methods, techniques, and practices

acceptable to the Administrator for use

in altering civil aircraft. Chapter 9

covers shoulder harness installations.

Section 3 covers attachment methods.

Shoulder harnesses installed under

Field Approval must meet the same

regulatory requirements as an STC.

Therefore, the applicant should

demonstrate by test 9.0-g forward load

capability. The test load should be 814

pounds for Normal Category or 910

pounds for Utility or Acrobatic

Category, in accordance with AC 23–4.

Reference 4, Chapter 1, Perform Field

Approval of Major Repairs and Major

Alterations, Section 1, paragraph 5.D(2)

states: ‘‘Acceptable data that may be

used on an individual basis to obtain

approval are:

• AC’s 43.13–1A and 43.13–2A, as

amended*

• Manufacturer’s technical

information (for example, manuals,

bulletins, kits, and so on)

• FAA Field Approvals’’

* Note: Advisory Circular (AC) 43.13–1B,

dated September 8, 1998 superseded AC

43.13–1A.

When using a previous Field

Approval as acceptable data, the pull

test need not be done if it can be

determined that a previous pull test

applied 814 pounds for Normal

Category or 910 pounds for Utility or

Acrobatic Category. Field Approvals for

shoulder harness installations should

not be done by referencing a previous

Field Approval and deleting the pull

test, unless the attachment parts have a

Parts Manufacturer Approval (PMA), or

other FAA approval. If the attachment

parts have no FAA approval, the

strength is not known or assured, since

they have not been manufactured to an

FAA approved quality control system.

Shoulder harness installations

attaching to the center of an

unsupported wing carrythrough tube, or

other unsupported member, should not

receive a Field Approval without a

design approval from an Aircraft

Certification Office. Applying the test

load in such cases may cause damage or

permanent set to the affected structure.

Existing FAA guidance, including AC

43.13–2A and AC 21–34, recommend

against attachment to the center of

unsupported members. Figure 9–16 in

AC 43.13–2A shows typical shoulder

harness attachments to tubular

members. These are all at tube

intersections and not at the center of

unsupported tubes.

Figure 9–12 shows a typical wing

carrythrough member installation. This

appears to be in the center of the

carrythrough member that is a hat

section as found in metal skinned

airplanes. Part of the figure shows that

the hat section is riveted to sheet metal

skin (which would provide longitudinal

support).

Personnel performing the Field

Approval must ensure that both the

harness and belt are compatible and

have a TSO approval.

Flight Standards Information Bulletin

for Airworthiness (FSAW) 98–03, dated

January 30, 1998, (Reference 4) requires

that a Field Approval include

Instructions for Continued

Airworthiness prepared (in the case of

part 23 airplanes) under § 23.1529. The

Instructions will be documented on

FAA Form 337, and become a part of

either the inspection or maintenance

program of the aircraft, or both.

3. Minor change. Part 21 § 21.93(a),

Classification of changes in type design,

states: ‘‘A minor changes is one that has

no appreciable effect on the weight,

balance, structural strength, reliability,

operational characteristics, or other

characteristics affecting the

airworthiness of the product.’’

Information provided to us by the

Anchorage ACO indicates that some

shoulder harness installations, that

provide known safety improvements,

have been approved as a minor change.

In these situations, the FAA certificated

mechanic who installs it makes an entry

in the maintenance log of the airplane.

One shoulder harness installation kit

supplier uses this process (no FAA

approvals) to install shoulder harnesses

in PA–18 airplanes. The installation

does not require modification of the

airframe. The front seat harness attaches

to the center of the rear wing spar

carrythrough tube. However, it may not

meet the 9.0-g forward inertia load

required by CAR 3.386. The kit supplier

stated that some airplane owners who

had accidents reported that the harness

installation had saved their lives.

In general, shoulder harness

installations should not use the center

of an unsupported wing carrythrough

tube or other unsupported member as an

attachment point. This type of

attachment may pose a risk to the

structural integrity of the airplane.

Although the attachment may be a

clamp-on fitting that does not alter the

existing airframe, the installation may

result in a major change in the type

design. This is because the shoulder

harness attachment may introduce new

loading conditions into the carrythrough

tube.

It is acceptable for the carrythrough

structure to be damaged in an

emergency landing. However, it is

unacceptable for the tube to fail inflight. Carrythrough tubes, highly

loaded in compression, may experience

a beam-column buckling failure if the

occupant applies a load to the shoulder

harness attachment. In some cases, very

small loads on the shoulder harness

attachment may cause beam-column

buckling failures.

Some shoulder harnesses that have

been installed by minor change do not

have a TSO approval. TSO–C114, Torso

Restraint Systems, was issued March 27,

1987. Torso restraint systems

manufactured before that date did not

have to meet the prescribed Society of

Automotive Engineers standard,

Aerospace Standard 8043, Aircraft

Torso Restraint System, dated March

1986. AC 43.13–2A and AC 21–34

provide guidance for acceptable

Federal Register / Vol. 65, No. 189 / Thursday, September 28, 2000 / Notices 58311

harnesses. Acceptable harnesses for

minor change installations include:

• Harnesses that meet TSO–C114 or

Military Specification (MIL–SPEC)

requirements,

• Harnesses that have been produced

under a Parts Manufacturer Approval

(PMA), or

• Other harnesses appropriate to the

certification basis of the aircraft.

We have studied the circumstances

and legality of shoulder harness

installations done by minor change. An

airplane owner may wish to install

shoulder harnesses, but an STC or prior

Field Approval is not available for his

airplane. In this case, it is not likely that

an individual airplane owner would

apply for an STC or a Field Approval.

This is because of the costs involved in

hiring an engineering consultant to

perform the structural test and any

associated structural analysis. Also,

there is a possibility that the airframe

may be damaged during the pull test. In

such installations, a pull test would not

be done and there is no assurance that

the installation will provide occupant

protection to the ultimate inertia force

requirements (particularly the 9.0-g

forward force) of § 23.561 or CAR 3.386.

Concerning the legality of shoulder

harness installation by minor change,

we conclude: Since CAR 3.386 and

§ 23.561(b)(1) before Amendment 23–36

(which became effective September 14,

1988) state that ‘‘proper use is made of

belts or harnesses provided in the

design,’’ the previously approved seat

belt installation alone must meet the

prescribed ultimate inertia forces.

Civil Air Regulation 3.652, Functional

and installational requirements, states:

‘‘Each item of equipment which is

essential to the safe operation of the

airplane shall be found by the

Administrator to perform adequately the

functions for which it is to be used,

shall function properly when installed,

and shall be adequately labeled as to its

identification, function, operational

limitations, or any combination of these,

whichever is applicable.’’

Before Amendment 23–20 (which

became effective September 1, 1977),

§ 23.1301 contained essentially the same

requirement as CAR 3.652. Amendment

23–20 deleted the words ‘‘essential to

safe operation’’ and made the provisions

of § 23.1301 applicable to ‘‘each item of

installed equipment.’’

Regarding these rules we conclude

that if a shoulder harness is not required

equipment, it is not essential to the safe

operation of the airplane. Therefore,

CAR 3.652 and § 23.1301, before

Amendment 23–20, should not be used

as a basis to prohibit shoulder harness

installation by minor change. These

rules should be applied to shoulder

harness installations made by STC and

Field Approval.

The mechanic making such

installations should consult AC 43.13–

2A, Chapter 9, for information on

restraint systems, effective restraint

angles, attachment methods, and other

details of installation.

Issued in Kansas City, Missouri, on

September 19, 2000.

Michael Gallagher,

Manager, Small Airplane Directorate, Aircraft

Certification Service.

[FR Doc. 00–24934 Filed 9–27–00; 8:45 am]

BILLING CODE 4910–13–M

DEPARTMENT OF THE TREASURY

Community Development Financial

Institutions Fund Open Meeting of the

Community Development Advisory

Board

AGENCY: Community Development

Financial Institutions Fund, Department

of the Treasury.

ACTION: Notice of open meeting.

SUMMARY: This notice announces the

next meeting of the Community

Development Advisory Board, which

provides advice to the Director of the

Community Development Financial

Institutions Fund.

DATES: The next meeting of the

Community Development Advisory

Board will be held on Thursday,

October 19, 2000 at 10 a.m.

ADDRESSES: The Community

Development Advisory Board meeting

will be held at the Treasury Executive

Institute, 1255 22nd Street, NW., Suite

500, Washington, DC.

FOR FURTHER INFORMATION, CONTACT: The

Community Development Financial

Institutions Fund (the ‘‘Fund’’), U.S.

Department of Treasury, 601 13th Street,

NW., Suite 200 South, Washington, DC,

20005, (202) 622–8662 (this is not a toll

free number). Other information

regarding the Fund and its programs

may be obtained through the Fund’s

website at http://www.treas.gov/cdfi.

SUPPLEMENTARY INFORMATION: Section

104(d) of the Community Development

Banking and Financial Institutions Act

of 1994 (12 U.S.C. 4703(d)) established

the Community Development Advisory

Board (the ‘‘Advisory Board’’). The

charter for the Advisory Board has been

filed in accordance with the Federal

Advisory Committee Act, as amended (5

U.S.C. App.), and with the approval of

the Secretary of the Treasury.

The function of the Advisory Board is

to advise the Director of the Fund (who

has been delegated the authority to

administer the Fund) on the policies

regarding the activities of the Fund. The

Fund is a wholly owned corporation

within the Department of the Treasury.

The Advisory Board shall not advise the

Fund on the granting or denial of any

particular application for monetary or

non-monetary awards. The Advisory

Board shall meet at least annually.

It has been determined that this

document is not a major rule as defined

in Executive Order 12291 and therefore

regulatory impact analysis is not

required. In addition, this document

does not constitute a rule subject to the

Regulatory Flexibility Act (5 U.S.C.

Chapter 6).

The next meeting of the Advisory

Board, all of which will be open to the

public, will be held at the Treasury

Executive Institute, located at 1255

22nd Street, NW., Suite 500,

Washington, DC, on Thursday, October

19, 2000 at 10 a.m. The room will

accommodate 30 members of the public.

Seats are available on a first-come, firstserved basis. Participation in the

discussions at the meeting will be

limited to Advisory Board members and

Department of the Treasury staff.

Anyone who would like to have the

Advisory Board consider a written

statement must submit it to the Fund, at

the address of the Fund specified above

in the For Further Information, Contact

section, by 4 p.m., Monday, October 16,

2000.

The meeting will include a report

from the Director on the activities of the

CDFI Fund since the last Advisory

Board meeting, including programmatic,

fiscal and legislative initiatives for the

years 2000 and 2001.

Authority: 12 U.S.C. 4703; Chapter X, Pub.

L. 104–19, 109 Stat. 237.

Dated: September 25, 2000.

Maurice A. Jones,

Deputy Director for Policy and Programs,

Community Development Financial

Institutions Fund.

[FR Doc. 00–24926 Filed 9–27–00; 8:45 am]

BILLING CODE 4810–70–P