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Department of Transportation Vol. 81 Monday, No. 49 March 14, 2016 Part II Department of Transportation Federal Aviation Administration 14 CFR Parts 21, 23, 35, et al. Revision of Airworthiness Standards for Normal, Utility, Acrobatic, and Commuter Category Airplanes; Proposed Rule VerDate Sep<11>2014 16:17 Mar 11, 2016 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\14MRP2.SGM 14MRP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 13452 Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Proposed Rules DEPARTMENT OF TRANSPORTATION a.m. and 5 p.m., Monday through B. New Safety Requirements Friday, except Federal holidays. C. Benefits for the Existing Fleet Federal Aviation Administration • Fax: Fax comments to Docket D. Conforming Amendments and Other Operations at 202–493–2251. Minor Amendments 14 CFR Parts 21, 23, 35, 43, 91, 121, Privacy: In accordance with 5 U.S.C. E. Public Policy Implementation 1. Regulatory Planning and Review and 135 553(c), DOT solicits comments from the 2. Consensus Standards public to better inform its rulemaking [Docket No.: FAA–2015–1621; Notice No. 3. International Cooperation Efforts for 16–01] process. DOT posts these comments, Reorganizing Part 23 without edit, including any personal F. Means of Compliance RIN 2120–AK65 information the commenter provides, to G. FAA Strategic Initiatives www.regulations.gov, as described in IV. Discussion of Proposal Revision of Airworthiness Standards the system of records notice (DOT/ALL– A. Reorganization of Airworthiness for Normal, Utility, Acrobatic, and 14 FDMS), which can be reviewed at Standards Based on Risk and Commuter Category Airplanes Performance http://www.dot.gov/privacy. B. Introduction of Simple Airplanes AGENCY: Federal Aviation Docket: Background documents or C. Establishing Performance-Based Administration (FAA), DOT. comments received may be read at Standards and the Use of Means of http://www.regulations.gov at any time. ACTION: Notice of proposed rulemaking Compliance (NPRM). Follow the online instructions for D. Crashworthiness as an Illustration of the accessing the docket or go to the Docket Benefits of Performance-Based SUMMARY: The FAA proposes to amend Operations in Room W12–140 of the Regulations its airworthiness standards for normal, West Building Ground Floor at 1200 E. Additional Requirements To Prevent New Jersey Avenue SE., Washington, Loss of Control utility, acrobatic, and commuter F. Additional Requirements for Flight in category airplanes by removing current DC, between 9 a.m. and 5 p.m., Monday Icing Conditions prescriptive design requirements and through Friday, except Federal holidays. G. Production of Replacement and replacing them with performance-based FOR FURTHER INFORMATION CONTACT: For Modification Articles airworthiness standards. The proposed technical questions concerning this V. Key Terms and Concepts Used in This standards would also replace the action, contact Lowell Foster, Document current weight and propulsion divisions Regulations and Policy, ACE–111, VI. Discussion of the Proposed Regulatory in small airplane regulations with Federal Aviation Administration, 901 Amendments performance- and risk-based divisions Locust St., Kansas City, MO 64106; A. Part 23, Airworthiness Standards 1. Subpart A—General for airplanes with a maximum seating telephone (816) 329–4125; email 2. Subpart B—Flight capacity of 19 passengers or less and a [email protected]. 3. Subpart C—Structures maximum takeoff weight of 19,000 SUPPLEMENTARY INFORMATION: Later in 4. Subpart D—Design and Construction pounds or less. The proposed this preamble, under the Additional 5. Subpart E—Powerplant airworthiness standards are based on, Information section, we discuss how 6. Subpart F—Equipment and would maintain, the level of safety you can comment on this proposal and 7. Subpart G—Flightcrew Interface and of the current small airplane how we will handle your comments. Other Information regulations. Finally, the FAA proposes This discussion includes related 8. Appendices to Part 23 to adopt additional airworthiness B. Miscellaneous Amendments information about the docket, privacy, 1. Production of Replacement and standards to address certification for and the handling of proprietary or Modification Articles (§ 21.9) flight in icing conditions, enhanced stall confidential business information. We 2. Designation of Applicable Regulations characteristics, and minimum control also discuss how you can get a copy of (§ 21.17) speed to prevent departure from this proposal and related rulemaking 3. Issuance of Type Certificate: Primary controlled flight for multiengine documents. Category Aircraft (§ 21.24) airplanes. This notice of proposed All sections of part 23 would contain 4. Flight Tests (§ 21.35) rulemaking addresses the Congressional proposed revisions, except the FAA 5. Instructions for Continued mandate set forth in the Small Airplane would not make any substantive Airworthiness and Manufacturer’s Revitalization Act of 2013. Maintenance Manuals Having changes to the following sections: Airworthiness Limitations Sections DATES: Send comments on or before §§ 23.1457, Cockpit Voice Recorders, (§ 21.50) May 13, 2016. and 23.1459, Flight Data Recorders. The 6. Designation of Applicable Regulations ADDRESSES: Send comments identified only proposed changes to § 23.1459 (§ 21.101) by docket number FAA–2015–1621 would be for the purpose of aligning 7. Applicability (§ 35.1) using any of the following methods: part 23 references. These sections are 8. Fatigue Limits and Evaluation (§ 35.37) • Federal eRulemaking Portal: Go to nevertheless included in this proposed 9. Altimeter System Test and Inspection revision for context. (Appendix E to Part 43) http://www.regulations.gov and follow 10. Powered Civil Aircraft With Standard the online instructions for sending your Table of Contents Category U.S. Airworthiness Certificates: comments electronically. Instrument and Equipment Requirements • Mail: Send comments to Docket I. Executive Summary (§ 91.205) Operations, M–30; U.S. Department of A. Purpose and History of the Proposed 11. Restricted Category Civil Aircraft: Transportation (DOT), 1200 New Jersey Performance-Based Standards Operating Limitations (§ 91.313) Avenue SE., Room W12–140, West B. Summary of Major Provisions 12. Increased Maximum Certification Building Ground Floor, Washington, DC 1. Performance Standards and Airplane Weights for Certain Airplanes Operated 20590–0001. Crashworthiness in Alaska (§ 91.323) • 2. Loss of Control 13. Second In Command Requirements Hand Delivery or Courier: Take 3. Icing Certification Standards (§ 91.531) comments to Docket Operations in C. Cost and Benefits 14. Additional Emergency Equipment Room W12–140 of the West Building II. Authority for This Rulemaking (§ 121.310) Ground Floor at 1200 New Jersey III. Background 15. Additional Airworthiness Avenue SE., Washington, DC, between 9 A. Part 23 History Requirements (§ 135.169) VerDate Sep<11>2014 16:17 Mar 11, 2016 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4702 E:\FR\FM\14MRP2.SGM 14MRP2 mstockstill on DSK4VPTVN1PROD with PROPOSALS2 Federal Register / Vol. 81, No. 49 / Monday, March 14, 2016 / Proposed Rules 13453 VII. Regulatory Notices and Analyses procedures and requirements are costly recommendations,4 published in 2013, A. Regulatory Evaluation Summary to the FAA and industry, act as barriers echo the CPS recommendations. B. Initial Regulatory Flexibility to certification, and discourage On January 7, 2013, Congress passed Determination innovation. Therefore, to encourage the the Federal Aviation Modernization and C. International Trade Impact Assessment installation of new safety-enhancing Reform Act of 2012 5 (Public Law 112– D. Unfunded Mandates Assessment E. Paperwork Reduction Act technology and streamline the 95; 49 U.S.C. 40101 note) (FAMRA), F. International Compatibility and certification process, the FAA proposes which requires the Administrator, in Cooperation replacing the prescriptive requirements consultation with the aviation industry, G. Environmental Analysis found in the current part 23 with to assess the aircraft certification and H. Regulations Affecting Intrastate performance-based standards. approval process. Based on the ARC Aviation in Alaska The FAA believes this proposed recommendations and in response to VIII. Executive Order Determination rulemaking would maintain the level of FAMRA, the FAA began work on this A. Executive Order 13132, Federalism safety associated with current part 23, proposed rulemaking on September 24, B. Executive Order 13211, Regulations while providing greater flexibility to 2013. Subsequently, on November 27, That Significantly Affect Energy Supply, applicants seeking certification of their 2013, Congress passed the Small Distribution, or Use IX. Additional Information airplane designs. By doing so, this Airplane Revitalization Act of 2013 A. Comments Invited proposed rulemaking would hasten the (Public Law 113–53, 49 U.S.C. 44704 B. Availability of Rulemaking Documents adoption of safety enhancing technology note) (SARA), which requires the FAA Appendix 1 to the Preamble—Current to in type-certificated products while to issue a final rule revising the Proposed Regulations Cross-Reference reducing regulatory time and cost certification requirements for small Table burdens for the aviation industry and airplanes by— Appendix 2 to the Preamble—Abbreviations FAA. This proposed rulemaking would • Creating a regulatory regime that and Acronyms Frequently Used In This also reflect the FAA’s safety continuum
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