[Federal Register Volume 61, Number 3 (Thursday, January 4, 1996)]
[Rules and Regulations]
[Pages 252-254]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-135]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 23

[Docket No. 26344; Amendment No. 23-43]
RIN 2120-AD30


Small Airplane Airworthiness Review Program Amendment No. 3; 
Correction

AGENCY: Federal Aviation Administration, DOT.

ACTION: Correction; final rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: This final rule contains corrections to the final regulation 
(Amendment 23-43), which was published April 9, 1993 (58 FR 18958). The 
regulation amended the powerplant and equipment airworthiness standards 
for normal, utility, acrobatic, and commuter category airplanes. This 

[[Page 253]]
amendment replaces two paragraphs that were inadvertently deleted by 
Amendment No. 23-43.

DATES: This final rule becomes effective January 4, 1996. Comments must 
be submitted on or before April 3, 1996.

ADDRESSES: Comments should be submitted in triplicate to: Federal 
Aviation Administration, Office of the Chief Counsel, Attention: Rules 
Docket (AGC-200), Docket No. 26344, 800 Independence Avenue, SW., 
Washington, DC 20591. Comments delivered must be marked Docket No. 
26344. Comments may be inspected in Room 915G weekdays between 8:30 
a.m. and 5:00 p.m., except on Federal holidays.
    In addition, the FAA is maintaining a duplicate information docket 
of comments in the Office of the Assistant Chief Counsel, ACE-7, 
Federal Aviation Administration, Central Region, 601 East 12th Street, 
Kansas City, Missouri 64106. Comments in the duplicate information 
docket may be inspected in the Office of the Assistant Chief Counsel 
weekdays, except Federal holidays, between the hours of 7:30 a.m. and 
4:00 p.m.

FOR FURTHER INFORMATION CONTACT:
Norman Vetter, ACE-111, Small Airplane Directorate, Aircraft 
Certification Service, Federal Aviation Administration, 601 East 12th 
Street, Kansas City, Missouri 64106; telephone (816) 426-5688.

SUPPLEMENTARY INFORMATION: 

Comments Invited

    Although this action is in the form of a final rule that involves 
requirements affecting immediate flight safety and, thus, was not 
preceded by notice and opportunity to comment, comments are invited on 
this rule. Interested persons are invited to comment on this rule by 
submitting such written data, views, or arguments as they may desire. 
Communications should identify the Rules Docket number and be submitted 
in triplicate to the address specified above. All communications 
received on or before the closing date for comments will be considered, 
and this rule may be amended in light of the comments received. Factual 
information that supports the commenter's ideas and suggestions is 
extremely helpful in determining whether additional rulemaking action 
would be needed.
    Comments are specifically invited on the overall regulatory, 
economic, environmental, and energy aspects of the rule that might 
suggest a need to modify the rule. All comments submitted will be 
available, both before and after the closing date for comments, in the 
Rules Docket for examination by interested persons. A report that 
summarizes each FAA-public contact concerned with the substance of this 
rule will be filed in the Rules Docket.
    Commenters wishing the FAA to acknowledge receipt of their comments 
submitted in response to this notice must submit a self-addressed, 
stamped postcard on which the following statement is made: ``Comments 
to Docket No. 26344.'' The postcard will be date stamped and returned 
to the commenter.
    The regulations adopted herein will not have substantial direct 
effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government. Therefore, in 
accordance with Executive Order 12612, it is determined that this final 
rule does not have sufficient federalism implications to warrant the 
preparation of a Federalism Assessment.
    The FAA has determined that this regulation is an emergency 
regulation and that must be issued immediately to correct an unsafe 
condition in aircraft, and is not a significant regulatory action under 
Executive Order 12866. It has been determined further that this action 
involves an emergency regulation under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979). If it is determined that 
this emergency regulation otherwise would be significant under DOT 
Regulatory Policies and Procedures, a final regulatory evaluation will 
be prepared and placed in the Rules Docket (otherwise, an evaluation is 
not required). A copy of it, if filed, may be obtained from the Rules 
Docket.

Availability

    Any person may obtain a copy of this amendment by submitting a 
request to the Federal Aviation Administration, Office of Public 
Affairs, Attention: Public Inquiry Center, APA-200, 800 Independence 
Avenue, SW., Washington, DC 20591, or by calling (202) 267-3484. 
Communications must identify the amendment number.
    Persons interested in being placed on the mailing list for future 
NPRM's and rules should request, from the above office, a copy of 
Advisory Circular No. 11-2A, Notice of Proposed Rulemaking Distribution 
System, which describes the application procedure.

Background

    The final regulations that are the subject of this amendment, 
Amendment 23-43 (58 FR 18958, April 9, 1993), inadvertently removed 
paragraphs Sec. 23.965 (b)(4) and (b)(5). These paragraphs were never 
intended to be removed and their removal was not proposed in the NPRM 
for Amendment 23-43.

Need for Correction

    As published, the final regulations contain inadvertently deleted 
paragraphs 23.965 (b)(4) and (b)(5), which contain substantive 
requirements that were not intended to be removed and are considered 
essential to aviation safety.

Discussion of Amendments

Section 23.965

    The FAA proposed to amend paragraphs (b)(1) through (b)(3) of 
Sec. 23.965 in Amendment 23-43. However, the amendatory language 
removed paragraphs (b)(4) and (b)(5). This amendment corrects the error 
by reinserting those paragraphs into the regulations.

List of Subjects in 14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.

The Amendments

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR part 23 to read as follows:

PART 23--AIRWORTHINESS STANDARDS: NORMAL, UTILITY, ACROBATIC, AND 
COMMUTER CATEGORY AIRPLANES

    1. The authority citation for part 23 continues to read as follows:

    Authority: 49 U.S.C. 40113 and 44701; 49 U.S.C. 106(g).

    2. Section 23.965, paragraph (b), is amended by adding paragraphs 
(b)(4) and (b)(5) to read as follows:


Sec. 23.965   Fuel tank tests.

    (b) * * *
    (4) Under paragraph (b)(3) (ii) and (iii) of this section, the time 
of test must be adjusted to accomplish the same number of vibration 
cycles that would be accomplished in 25 hours at the frequency 
specified in paragraph (b)(3)(i) of this section.
    (5) During the test, the tank assembly must be rocked at a rate of 
16 to 20 complete cycles per minute, through an angle of 15 deg. on 
either side of the horizontal (30 deg. total), about an axis parallel 
to the axis of the fuselage, for 25 hours.


[[Page 254]]

    Issued in Washington, DC, on December 28, 1995.
Michael Gallagher,
Acting Director, Aircraft Certification Service.
[FR Doc. 96-135 Filed 1-3-96; 8:45 am]
BILLING CODE 4910-13-M