CFR NPRM

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[Federal Register: February 15, 1974 (Volume 39, Number 33)]
Page 5785

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DEPARTMENT OF TRANSPORTATION
Federal Aviation Agency
14 CFR Parts 21, 23, 25, 27, 29, 31, 33, 35, and 36
Docket No. 13542; Notice No. 74-5

Airworthiness Review Program, Notice of Invitation to Submit Proposals for Consideration During the 1974-75 Airworthiness Regulations Review

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AGENCY: Federal Aviation Agency, DOT
ACTION: Notice of Invitation to Submit Proposals for Consideration

SUMMARY:
The Federal Aviation Administration hereby gives public notice of the 1974-75 airworthiness review program. The airworthiness review encompasses the certification and operating regulations containing airworthiness standards and related procedural requirements. The program will be administered by the Airworthiness Review Staff, a new office created for that purpose and reporting directly to the Director of Flight Standards Service. The airworthiness review will proceed according to the schedule contained in Appendix A to this notice.
DATES: Comments must be received not later than April 15, 1974.


SUPPLEMENTARY INFORMATION:
Interested persons, including manufacturers and users of aircraft and their components, and the general public, both foreign and domestic, and foreign airworthiness authorities, are invited to submit any proposals they deem appropriate for amendments of the airworthiness regulations. All proposals should be submitted in duplicate to the Federal Aviation Administration, Flight Standards Service, Attention: Airworthiness Review Staff, AFS-77, 800 Independence Avenue SW., Washington, D.C. 20591. In order to receive proper consideration, proposals must be within the scope of the 1974-75 airworthiness review as set forth in this Notice and must be received not later than April 15, 1974. Proposals that are received after that date may be deferred for consideration during a future airworthiness review.
The scope of the 1974-75 airworthiness review includes the following Federal Aviation Regulations (FARs) contained in Title 14 of the Code of Federal Regulations (14 CFR):
(1)
Part 21 - Certification procedures for products and parts.
Part 23 - Airworthiness standards: normal, utility, and acrobatic category airplanes.
Part 25 - Airworthiness standards: transport category airplanes.
Part 27 - Airworthiness standards: normal category rotorcraft.
Part 29 - Airworthiness standards: transport category rotorcraft.
Part 31 - Airworthiness standards: manned free balloons.
Part 33 - Airworthiness standards: aircraft engines.
Part 35 - Airworthiness standards: propellers.
(2) Those sections of the following FAR Parts that contain airworthiness requirements or that contain performance operating limitations that are related to type certification performance requirements:
Part 91 - General operating and flight rules.
Part 121 - Certification and operations: domestic, flag, and supplemental air carriers and commercial operators of large aircraft.
Part 133 - Rotorcraft external-load operations.
Part 135 - Air taxi operators and commercial operators of small aircraft.
(3) Those sections of the following FAR Parts which may be related to proposals dealing with the above mentioned parts:
Part 36 - Noise standards: aircraft certification.
Part 37 - Technical standard order authorizations.
Part 43 - Maintenance, preventive maintenance, rebuilding, and alteration.
In order to facilitate evaluation of the large number of proposals expected in response to this Notice, it is essential that each proposal be clearly stated and accompanied by adequate justification. The following format should be followed:
TITLE - (Indicate subject matter and affected regulations, if applicable.)
PROPOSAL - (Give specific FAR section, if applicable, and suggested language and/or indicate the precise objective being sought.)
JUSTIFICATION - (Give background of problem and reasons for proposals. Include or refer to any available supporting data.)
Proposals received by April 15, 1974, will be processed by the FAA, and a compilation of the proposals, together with identification of their proponents and the supporting data offered as justification will be distributed, not later than May 30, 1974, to known interested persons, for comment. At the time of that distribution a notice of the availability of the compilation will be published in the Federal Register to give all other interested persons the opportunity to comment upon them. In addition to proposals received from the public, the FAA may include in the compilation of proposals others that it considers appropriate for consideration during the review.
All comments on the compilation of proposals that are received before August 1, 1974, will be considered in preparing the final Agenda for the 1974-75 Airworthiness Review Conference, to be held at the Shoreham Hotel; 2500 Calvert St., NW.; Washington, D.C. 20008, beginning at 9:00 a.m. EDT, December 2, 1974.
The conference, which will be open to the public, is scheduled for 8 full working days, December 2, 1974, through December 11, 1974, but may be extended, if necessary for completion of the Agenda.
The conference record will be used in developing a Notice of Proposed Rule Making (NPRM), scheduled for publication in the FEDERAL REGISTER by May 30, 1975. The NPRM will provide the opportunity for further public comment on specific proposed amendments to the FARs, with the comment period open until September 1, 1975. Final rules to be adopted as a result of the airworthiness review will be published in the form of amendments to the FARs after consideration of the comments received in response to the NPRM. The publication of such amendments will be made in the FEDERAL REGISTER by February 13, 1976.
It should be noted that not all the proposals received in response to this Notice would necessarily be included in the compilation of proposals scheduled for distribution on May 30, 1974. Nor would all proposals included in that document necessarily be included in the Final Agenda for the Airworthiness Review Conference. Some proposals may be straight forward, noncontroversial, and adequately justified. Since no useful purpose would be served by including such items on the agenda, they will be held for inclusion in the NPRM. On the other hand, proposals which are not adequately justified, which require further research, or which the FAA believes could not result in fruitful discussion at the conference will be dropped or deferred for further study and possible consideration during future airworthiness reviews.
Appendix B to this Notice contains information as of February 1, 1974, on the statue of the principal FARs involved in this review and a list of regulatory dockets concerning the airworthiness regulations. Some of those projects may be included for consideration in this airworthiness review; those that are at an advanced stage of processing may be completed independently of the airworthiness review.


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APPENDIX A - SCHEDULE OF 1974-75 AIRWORTHINESS REVIEW

February 15, 1974 - Notice initiating 1974-75 Airworthiness Review and requesting proposals for amendments to the FARs.
April 15, 1974 - End date for submittal of proposals.
May 30, 1974 - Distribution of the compilation of proposals.
August 1, 1974 - End date for submittal of comments on the proposals.
October 15, 1974 - Distribution of Final Agenda for Conference.
December 2-11, 1974 - Conference.
May 30, 1975 - Issue Notice of Proposed Rule Making.
September 1, 1975 - End date for comments on NPRM.
February 13, 1976 - Issue Amendments to FARs.

APPENDIX B - STATUS OF PRINCIPAL AIRWORTHINESS PARTS AND A LIST OF REGULATORY DOCKETS CONCERNING AIRWORTHINESS

GENERAL AND MISCELLANEOUS
1. Engine Airworthiness Review. The intent of this project is to update and improve the engine airworthiness standards in FAR 33 and related aircraft airworthiness rules in FAR's 1, 21, 23, 25, 27, and 29. Proposed changes were published in Notice 71-12 (36 FR 8383, May 5, 1971; Regulatory Docket No. 11010). Issuance of final amendments is anticipated in the near future.
2. Flight Systems, Inc., Petition to Amend FAR's 21, 61, 91. (Regulatory Docket No. 12492.) Petitioner requests, insofar as pertinent, amendment of FAR 21 to permit issuance of experimental certificates for aircraft used as test beds to conduct research and development and for amendment of FAR 91 to permit such aircraft to carry persons and cargo for compensation and hire.
3. ALPA Petition on Xenon Strobe Anti-Collision Lights (Regulatory Docket No. 13120). This project involves a petition to change FAR's 23, 25, 27, 29, and 91 to require white strobe anticollision lights on all aircraft.
4. Branson Engineering Company, Inc., Petition on Oxygen Supply (Regulatory Docket No. 13417). This petition seeks to amend the oxygen supply requirements of section 121.338(e)(2) and 135.165(b)(2).

PART 21 - CERTIFICATION PROCEDURE FOR PRODUCTS AND PARTS
The latest amendment to Part 21 is Amendment 21-39 (Published in 33 FR 29596, October 26, 1973), effective December 1, 1973. This amendment prescribes compliance with Part 36 noise standards for newly produced airplanes of older type designs. Regulatory projects in process that may affect Part 21 and their current status are given in items 1 and 2 under General and Miscellaneous.

PART 23 - AIRWORTHINESS STANDARDS: NORMAL, UTILITY, AND ACROBATIC CATEGORY AIRPLANES
The latest amendment to Part 23 is Amendment 23-14 (Published in 33 FR 31816, November 19, 1973), effective December 20, 1973. This amendment updated the airworthiness standards applicable to airplanes certificated under FAR 23. A regulatory project in process that may affect Part 23 and its current status is as follows (see also items 1 and 3 under General and Miscellaneous):
Crashworthiness for Small Airplanes (Regulatory Docket No. 10162). The purpose of this project is to consider improvement in the crashworthiness of small airplanes, including the installation of shoulder harnesses. Proposals were published in Notice 73-1 (Published in 33 FR-2085 January 31, 1973).

PART 25 - AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY AIRPLANES
The latest amendment to Part 25 is Amendment 25-34 (Published in 37 FR 25354, November 30, 1972), effective December 31, 1972. This amendment prescribes additional security requirements for certain large passenger-carrying turbojet airplanes operated under FAR's 121, 123, and 135. Regulatory projects in process that may affect this part and their status are as follows (also see items 1 and 3 under General and Miscellaneous):
1. Smoke Emission (Regulatory Docket No. 9611). The purpose of this project is to establish smoke emission standards for transport category airplane cabin interior materials. An Advance NPRM was issued on July 28, 1969. (Notice 69-30, published in 34 FR 12450, July 30, 1969).
2. ALPA Petition on Take-off Flap Setting (Regulatory Docket No. 9632). This involves a petition to require means to prevent incorrect flap settings on transport category airplanes during takeoff.
3. Cockpit Vision (Regulatory Docket No. 10769). The purpose of this project is to establish specific standards for cockpit vision. Proposed cockpit vision standards were promulgated in Notice 71-2B (Published in 37 FR 23574, November 4, 1972).
4. Aerospace Industries Association of America, Inc. (AIA) Petition for Miscellaneous Changes to FAR 25 (Regulatory Docket No. 11671). This petition seeks to change FAR's 25.251, 25.303, 25.305(b), 25.571(e)(2), 25.638, 25.934, 25.059, 25.1103(d), 25.1333(b), and 25.1435(a)(4).
5. Aviation Consumer Action Project Petition for Fuel System Inerting (Regulatory Docket No. 12274). This petition seeks to require fuel system inerting for turbine-powered transport airplanes.
6. ALPA Petition on Shoulder Harnesses (Regulatory Docket No. 13269). This petition seeks to require shoulder harnesses for all crewmembers of transport airplanes.
7. AIA Petition on Equipment, Systems, and Installations (Regulatory Docket No. 13353). This petition seeks to amend section 25.1309.

PART 27 - AIRWORTHINESS STANDARDS: NORMAL CATEGORY ROTORCRAFT
The latest amendment to this part is Amendment 27-8 (Published in 37 FR 20022, September 28, 1972), effective October 23, 1972. This amendment clarifies the requirements for rotorcraft manuals, markings, and placards. Regulatory projects in process that may affect this part and their status are given in items 1 and 3 under General and Miscellaneous.

PART 29 - AIRWORTHINESS STANDARDS: TRANSPORT CATEGORY ROTORCRAFT
The latest amendment to this part is Amendment 29-9 (Published in 36 FR 21278, November 5, 1971), effective November 5, 1971. This amendment provides for the installation of rear position lights with minor obstructions in the field of coverage. Regulatory projects in process that may affect this part, and their status, are given in items 1 and 3 under General and Miscellaneous.

PART 31 - AIRWORTHINESS STANDARDS: MANNED FREE BALLOONS
The latest amendment to this part is Amendment 31-2 (Published in 30 FR 3376, March 13, 1965), effective April 12, 1965. This amendment prescribes additional airworthiness requirements.

PART 33 - AIRWORTHINESS STANDARDS: AIRCRAFT ENGINES
The latest amendment to this part is Amendment 33-4 (Published in 36 FR 5490, March 21, 1971), effective on April 23, 1971. This amendment revised the fire detector and engine power response requirements. A project in process which affects this part is described in item 1 under General and Miscellaneous.

PART 35 - AIRWORTHINESS STANDARDS: PROPELLERS
The latest amendment to this part is Amendment 35-2 (Published in 32 FR 3788, March 4, 1967), effective on April 3, 1967. This amendment resulted in clarification and updating of the requirements of FAR 35.

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Issued in Washington, DC, on February 12, 1974.
James F. Rudolph,
Director, Flight Standards Services.
[FR Doc. 74-3768 Filed 2-14-74; 8:45 am]


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Other Notice of Proposed Rulemaking Actions:

Notice of Compilation of Proposals; Notice No. 74-5A; Issued on 5/22/74.
Notice of Availability of Agenda; Notice No. 74-5B; Issued on 10/3/74.
Notice of Clarifying Revisions; Notice No. 74-33; Issued on 10/3/74.
Notice of Conference; Notice No 74-5C; Issued on 11/25/74.
Notice of Availability of Conference Summary; Notice No. 74-5D; Issued on 2/4/75.
Notice of Airworthiness Review Program No. 2; Notice No. 75-10; Issued on 2/27/75.
Notice of Airworthiness Review Program No. 3; Notice No. 75-19; Issued on 5/13/75.
Notice of Airworthiness Review Program No. 4; Notice No. 75-20; Issued on 5/13/75.
Notice of Airworthiness Review Program No. 5; Notice No. 75-23; Issued on 5/19/75.
Notice of Airworthiness Review Program No. 6; Notice No. 75-25; Issued on 5/29/75.
Notice of Airworthiness Review Program No. 7; Notice No. 75-26; Issued on 6/9/75.
Notice of Airworthiness Review Program No. 8; Notice No. 75-31; Issued on 6/30/75.

Final Rule Actions:

Final Rule. Docket No. 11010; Issued on 09/20/74.
Final Rule. Docket No. 14052; Issued on 12/31/74.
Final Rule. Docket No. 14625; Issued on 02/03/76.
Final Rule. Docket No. 14324; Issued on 12/13/76.
Final Rule. Docket Nos. 14779, 14324; Issued on 8/27/80.