[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Rules and Regulations]
[Pages 5151-5171]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2083]



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DEPARTMENT OF TRANSPORTATION
14 CFR Parts 23 and 91

[Docket No. 27806; Amendment No. 23-49, 91-247]
RIN 2120-AE59


Airworthiness Standards; Systems and Equipment Rules Based on 
European Joint Aviation Requirements

AGENCY: Federal Aviation Administration, DOT.

ACTION: Final rule.

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SUMMARY: This final rule amends the systems and equipment airworthiness 
standards for normal, utility, acrobatic, and commuter category 
airplanes. This amendment completes a portion of the Federal Aviation 
Administration (FAA) and the European Joint Aviation Authorities (JAA) 
effort to harmonize the Federal Aviation Regulations and the Joint 
Aviation Requirements (JAR) for airplanes certified in these 
categories. This amendment will provide nearly uniform systems and 
equipment standards for airplanes certificated in the United States 
under 14 CFR part 23 and in JAA countries under Joint Aviation 
Requirements 23, simplifying international airworthiness approval.

EFFECTIVE DATE: March 11, 1996.

FOR FURTHER INFORMATION CONTACT:
Earsa Tankesley, Aerospace Engineer, Standards Office (ACE-100), Small 
Airplane Directorate, Federal Aviation Administration, 601 East 12th 
Street, Kansas City, Missouri 64106, telephone (816) 426-6932.

SUPPLEMENTARY INFORMATION:

Background

    This amendment is based on Notice of Proposed Rulemaking (NPRM) No. 
94-21 (59 FR 37620, July 22, 1994). All comments received in response 
to Notice 94-21 have been considered in adopting this amendment.
    This amendment completes part of an effort to harmonize the 
requirements of part 23 and JAR 23. The revisions to part 23 in this 
amendment pertain to systems and equipment airworthiness standards. 
Three other final rules are being issued in this Federal Register that 
pertain to airworthiness standards for flight, powerplant, and 
airframe. These related rulemakings are also part of the harmonization 
effort. Interested persons should review all four final rules to ensure 
that all revisions to part 23 are recognized.
    The harmonization effort was initiated at a meeting in June 1990 of 
the JAA Council (consisting of JAA members from European countries) and 
the FAA, during which the FAA Administrator committed the FAA to 
support the harmonization of the U.S. regulations with the JAR that 
were being developed. In response to the commitment, the FAA Small 
Airplane Directorate established an FAA Harmonization Task Force to 
work with the JAR 23 Study Group to harmonize part 23 with the proposed 
JAR 23. The General Aviation Manufacturers Association (GAMA) also 
established a JAR 23/part 23 committee to provide technical assistance.
    The FAA, JAA, GAMA, and the Association Europeenne des 
Constructeurs de Material Aerospatial (AECMA), an organization of 
European airframe manufacturers, met on several occasions in a 
continuing harmonization effort.
    Near the end of the effort to harmonize the normal, utility, and 
acrobatic category airplane airworthiness standards, the JAA requested 
and received recommendations from its member countries on proposed 
airworthiness standards for commuter category airplanes. Subsequent JAA 
and FAA meetings on this issue resulted in proposals that were 
reflected in Notice 94-21 to revise portions of the part 23 

[[Page 5152]]
commuter category airworthiness standards. Accordingly, this final rule 
adopts the systems and equipment airworthiness standards for all part 
23 airplanes.
    In January 1991, the FAA established the Aviation Rulemaking 
Advisory Committee (ARAC) (56 FR 2190, January 22, 1991). At an FAA/JAA 
Harmonization Conference in Canada in June 1992, the FAA announced that 
it would consolidate the harmonization effort within the ARAC 
structure. The FAA assigned to ARAC the rulemakings related to JAR/part 
23 harmonization, which ARAC assigned to the JAR/FAR 23 Harmonization 
Working Group. The proposals for systems and equipment airworthiness 
standards contained in Notice 94-21 were a result of both the working 
group's efforts and the efforts at harmonization that occurred before 
the formation of the working group.
    The JAA submitted comments to the FAA on January 20, 1994, in 
response to the four draft proposals for harmonization of the part 23 
airworthiness standards. The JAA submitted comments again during the 
comment period of the NPRM. At the April 26, 1995, ARAC JAR/FAR 23 
Harmonization Working Group meeting, the JAA noted that many of the 
comments in the January 20 letter had been satisfied or were no longer 
relevant. The few remaining items concern issues that are considered 
beyond the scope of this rulemaking and, therefore, will be dealt with 
at future FAA/JAA Harmonization meetings.

Discussion of Comments

General

    Interested persons were invited to participate in the development 
of these final rules by submitting written data, views, or arguments to 
the regulatory docket on or before November 21, 1994. Six commenters 
responded to Notice 94-21. Two of these commenters, the Civil Aviation 
Authority (CAA) and the Joint Aviation Authorities (JAA), submitted 
comments that were identical; therefore, the responses to both 
commenters are the same. Minor technical and editorial changes have 
been made to the proposed rules based on relevant comments received and 
after further review by the FAA.
    One general comment was received from Transport Canada. It 
expressed concurrence with the notice. The comment also noted that the 
proposals (the comment did not identify the specific sections) are 
applicable to JAR Very Light Aircraft (VLA) standards for night 
operations and that it will consider adding these proposals to the 
Canadian standards for VLA approved for night and Instrument Flight 
Rule (IFR) operations. It suggests that the FAA may wish to consider 
this as well.

Discussion of Comments to Specific Sections of Parts 23 and 91

Section 23.677  Trim Systems

    Proposed Sec. 23.677(a) would clarify the need to mark the lateral 
and directional trim indicators with the neutral trim position. Since 
trim indicators on most airplanes are currently marked with the neutral 
position of the trimming device, this proposal would standardize the 
cockpit markings for all airplanes.
    Revised paragraph (a) would also add a requirement for the pitch 
trim indicator to be marked with the proper pitch trim range for the 
takeoff of the airplane. Some takeoff accidents, including some 
involving fatalities, have occurred because the pitch trim was not set 
to the proper range needed for the airplane takeoff.
    No comments were received on the proposals for this section. On 
reviewing the published notice, the FAA discovered the phrase ``center 
or gravity'' should have read ``center of gravity.''
    The proposals are adopted with the above correction.

Section 23.691  Artificial Stall Barrier System

    The requirements of Sec. 23.201(c) provide criteria for the in-
flight demonstration of wings level stall. The requirements also 
specify the means of identifying when a stall has occurred. Amendment 
No. 23-45 (58 FR 42136, August 6, 1993) revised Sec. 23.201(c) by 
adding the activation of an artificial stall barrier as an acceptable 
means of identifying when a stall has occurred. Proposed new 
Sec. 23.691 would provide standards for artificial stall barrier 
systems if such a system is used to show compliance with 
Sec. 23.201(c).
    Two comments were received on this proposal in which the JAA and 
the CAA note that the proposal has not been fully discussed by JAA 
specialists and recommend that the proposal be withdrawn. The JAA also 
provides a list of 12 issues to be considered if the FAA proceeds with 
the adoption of the proposal.
    The FAA has reviewed the handling of this proposal from the time 
that it was identified in the original 1990 FAA comments on an early 
draft of JAR 23. This item was first presented to the JAA specialists 
for review in 1991 and since that time it has been thoroughly 
coordinated with the JAA. The JAA's current JAR 23 Notice of Proposed 
Amendment list contains an item for the inclusion of 23.691 in JAR 23, 
based on the text in a draft of this final rule. The FAA understands 
that the JAA expects to adopt the item following the finalization of 
this rule. Under these circumstances, the FAA does not find it 
necessary to defer adoption for further consideration.
    Moreover, the FAA has reviewed each of the 12 issues that the JAA 
provided for FAA's consideration, and prepared a response which has 
been included in the Rules Docket. Since the issues are beyond the 
scope of the proposal, the FAA has not included them in this final rule 
publication.
    In the course of the FAA's review, however, the FAA noted that the 
word ``necessary'' in the introductory paragraph of Sec. 23.691 should 
be changed to ``used,'' to make it clear that the equipment 
requirements of this section are applicable if a stick pusher system is 
used in the airplane to show compliance with Sec. 23.201(c).
    Section 23.691 is adopted with the above change.

Section 23.697  Wing Flap Controls

    Proposed new Sec. 23.697(c) would provide safety standards for the 
wing flap control levers installed in airplanes that use wing flap 
settings other than fully retracted when showing compliance with 
Sec. 23.145.
    No comments were received on the proposal for this section, and it 
is adopted as proposed.

Section 23.701  Flap Interconnection

    Section 23.701 (a)(1) and (a)(2) would be revised to clarify the 
requirements for flap systems installed on part 23 airplanes.
    No comments were received on the proposals for this section, and 
they are adopted as proposed.

Section 23.703  Takeoff Warning System

    This proposed new section would require a takeoff warning system on 
some commuter category airplanes. The requirement would be applicable 
if the certification flight evaluation showed that an unsafe takeoff 
condition would result if lift devices or longitudinal trim devices are 
set to any position outside the approved takeoff range. If the 
evaluation shows that no unsafe condition would result at any setting 
of these devices, a takeoff warning system would not be required. For 
those airplanes on which a warning system must be installed, the 
proposal would provide requirements for the installation of the system.

[[Page 5153]]

    No comments were received on the proposal for this section, and it 
is adopted as proposed.

Section 23.723  Shock Absorption Tests

    To correct a grammatical error in the rules, paragraph (b) of this 
section would be revised by changing the word ``reserved'' in the 
phrase ``reserved energy absorption capacity'' to ``reserve.''
    No comments were received on the proposal for this section, and it 
is adopted as proposed.

Section 23.729  Landing Gear Extension and Retraction System

    This proposal would revise Sec. 23.729(e) to clarify that a landing 
gear indicator is required for each gear. This proposal would also add 
a new Sec. 23.729(g) requiring that if the landing gear bay is used as 
the location for equipment other than landing gear, that equipment must 
be designed to minimize damage from items such as a tire burst, or 
rocks, water, and slush that may enter the landing gear bay.
    One comment was received on this section, which suggested that the 
current requirements do not properly include a standard for amphibious 
operation. The comment specifically identified the warning horn or 
similar aural device as confusing and a source of pilot error during 
operations of an amphibian airplane. The commenter provided a 
suggestion for a landing gear position indicator on an amphibian 
airplane that would assist in clarifying this confusion.
    Although this comment has merit, the proposed rule did not consider 
such a requirement, and no action has been taken to include the 
suggested landing gear position indicator for amphibian airplanes in 
this final rule. This comment will be retained and the suggestion for 
an amphibian landing gear indicator will be presented at a future 
harmonization meeting for specialist consideration and possible future 
inclusion in part 23/JAR 23.
    Although not proposed in the notice, the text of paragraph (g) has 
been revised to identify sources of equipment damage that should be 
considered in the application of this requirement.
    Section 23.729 is adopted with the above changes.

Section 23.735  Brakes

    Section 23.735(a) would be revised to state clearly that wheel 
brakes must be provided. A proposed new Sec. 23.735(c) would require 
the brake system to be designed so that the brake manufacturer's 
specified brake pressures are not exceeded during the landing distance 
determined in accordance with Sec. 23.75. Proposed new Sec. 23.735(e), 
applicable to commuter category airplanes, would require establishing 
the minimum rejected takeoff brake kinetic energy capacity rating of 
each main wheel brake assembly.
    One comment was received on the proposal for Sec. 23.735(e), which 
noted that the factor, ``0.0443'' is not defined for the kinetic energy 
formula. The commenter recommends that V be stated in units such as, 
feet-per-second (or mph, or knots, as required). The commenter notes 
that the recommended clarification should reduce possible future 
misunderstanding and confusion, as well as improper brake capacity 
calculations.
    The FAA agrees. The units for ``V'' in the definition of the 
kinetic energy formula were inadvertently omitted from the proposal for 
this section. To correct this omission, the definition is being revised 
to read: ``V=Ground speed, in knots, associated with the maximum value 
of V1 selected in accordance with Sec. 23.51(c)(1).''
    The proposal is adopted with the above change.

Section 23.745  Nose/Tail Wheel Steering

    Proposed new Sec. 23.745 would provide requirements that apply if 
nose/tail wheel steering is installed.
    No comments were received on the proposal for this section, and it 
is adopted as proposed.

Section 23.775  Windshields and Windows

    Section 23.775(a) would be revised to allow internal glass panels 
of windshields and windows to be constructed of nonsplintering 
material, as well as nonsplintering glass. Section 23.775(c) would be 
revised to clarify that the requirement of this section applies to 
pressurized airplanes if certification for operation up to and 
including 25,000 feet is requested.
    Section 23.775(h), introductory text, and paragraph (h)(1) would be 
added to require windshield panes of commuter category airplanes that 
are directly in front of the pilots to withstand the impact of a two-
pound bird strike. This requirement is based on a Joint Aviation 
Authority recommendation to add windshield bird strike protection for 
commuter category airplanes.
    No comments were received on the proposals for this section, and 
they are adopted as proposed.

Section 23.783  Doors

    Proposed paragraph (b) would add a requirement that passenger doors 
must not be located near any propeller disk or any other potential 
hazard that could endanger persons using the door. The propeller disk 
remains the prominent hazard but other items, such as hot deicer 
surfaces or sharp objects on the airplane structure, are also hazards.
    Proposed new paragraph (g) would require lavatory doors, if 
installed, that would not trap occupants inside a closed and locked 
lavatory compartment.
    No comments were received on the changes proposed for this section, 
and they are adopted as proposed.

Section 23.785  Seats, Berths, Litters, Safety Belts, and Shoulder 
Harnesses

    Seat requirements of part 23 would be clarified by moving the seat 
provisions from current Sec. 23.1307(a), which requires a seat or berth 
for each occupant, to the introductory text of Sec. 23.785. The notice 
proposed to reference the requirements of Sec. 23.1413, for a metal-to-
metal latching device for seat belts and shoulder harnesses, in 
Sec. 23.785(b). These proposed changes were intended to combine related 
seat requirements in one section. The JAA and CAA comments note that 
the phrase ``with metal-to-metal latching device'' is also reflected in 
Sec. 23.1413, but with different applicability.
    The FAA agrees. The proposed changes to this section were made to 
clarify the seat requirements by including, or referencing, all of the 
seat requirements in one section. The notice proposal to add the phrase 
``with metal-to-metal latching devices as required by Sec. 23.1413'' to 
paragraph (b) would provide this clarification for normal, utility, or 
acrobatic category airplanes. However, because this paragraph is not 
applicable to all categories of airplanes, this change, along with the 
retention of Sec. 23.1413 could be confusing.
    To accomplish the originally intended clarification of the seat 
requirements, and to correct the applicability differences noted by the 
commenters, Sec. 23.1413 is being removed and the phrase, ``with metal-
to-metal latching device'' is being added to Secs. 23.785(b) and 
23.785(c). Also, to make Sec. 23.785(c) clearer, it has been divided 
into two sentences.
    Section 23.785 is amended by adopting the introductory text and the 
revision of paragraphs (b) and (c) as identified above.

[[Page 5154]]


Section 23.787  Baggage and Cargo Compartments

    Section 23.787 would be revised by extending the present 
requirements for cargo compartments to baggage compartments. As 
proposed, future baggage compartments on all airplane categories would 
be required to: be placarded for their maximum weight capacity; have a 
means to prevent the baggage from shifting; and have a means to protect 
controls, wiring, lines, and equipment or accessories that are located 
in the compartment and whose damage or failure would affect safe 
operation of the airplane. This revision would result in the commuter 
category requirements of Sec. 23.787(g) being redundant, and that 
requirement is being removed.
    Proposed revisions to this section would also move the requirements 
of paragraphs (d) and (f) to a proposed new Sec. 23.855, which would 
address cargo and baggage compartment fire protection. Proposed new 
paragraph (c) of this section would require flight crew emergency exits 
on airplanes that are used only for the carriage of cargo to meet the 
requirements of Sec. 23.807.
    No comments were received on the proposal for this section, and 
they are adopted as proposed.

Section 23.791  Passenger Information Signs

    This proposed new section would require at least one illuminated 
sign to notify passengers when seat belts should be fastened on those 
airplanes in whit the flightcrew members cannot observe the other 
occupants' seats or where the flightcrew members' compartment is 
separated from the passenger compartment. One comment was received on 
this proposal, which noted the JAA's support of the proposal to require 
all airplanes, where the flightcrew members cannot observe the 
passenger seats, to be equipped with a ``fasten seat belt'' sign. The 
JAA also identified its intent to take NPA action to propose the same 
requirement.
    Section 23.791 is adopted as proposed.

Section 23.807  Emergency Exits

    Proposed new Sec. 23.807(a)(4) would provide the same protection 
from any propeller disk and other potential hazard for a person who 
uses emergency exits as that provided by proposed Sec. 23.783(b) for a 
person who uses a passenger door.
    The proposed revision of Sec. 23.807(b) would provide that the 
inside handles of emergency exits that open outward must be designed so 
that the emergency exit is protected against inadvertent operation.
    The proposed revisions to Sec. 23.807(b)(5) and new 
Sec. 23.807(b)(6) would apply to acrobatic and utility category 
airplanes that are approved for maneuvers, such as spinning. The 
proposed rule would require that emergency exits for these category 
airplanes allow the occupants to abandon the airplane at certain speeds 
related to such maneuvers.
    No comments were received on the proposals for this section, and 
they are adopted as proposed.

Section 23.841  Pressurized Cabins

    The proposed revision to Sec. 23.841(a) would extend the cabin 
pressure requirements of current paragraph (a), which now apply to 
airplanes certificated for operation above 31,000 feet, to airplanes 
certificated for operation over 25,000 feet.
    No comments were received on this proposal, and it is adopted as 
proposed.

Section 23.853  Passenger and Crew Compartment Interiors

    This proposal would revise the section heading from ``Compartment 
interiors'' to ``Passenger and crew compartment interiors'' to clarify 
the content of the section.
    No comments were received on the proposal for this section, and it 
is adopted as proposed.

Section 23.855  Cargo and Baggage Compartment Fire Protection

    This proposed new section would require the following:
    Proposed paragraph (a) would require all sources of heat that are 
capable of igniting the contents of each cargo and baggage compartment 
to be shielded and insulated to prevent such ignition.
    Proposed paragraph (b) would require cargo and baggage compartments 
to be constructed of materials that meet the appropriate provisions of 
Sec. 23.853(d)(3). Currently these requirements apply to commuter 
category airplanes and to the materials used in the compartments of 
these airplanes. The proposed new requirement would expand this 
applicability to the cargo and baggage compartments of all part 23 
airplanes. In effect, the proposed new requirement would require 
materials that are self-extinguishing rather than flame resistant as 
currently required under Sec. 23.787(d).
    Proposed new paragraph (c) would add new fire protection 
requirements for cargo and baggage compartments for commuter category 
airplanes. The proposed rule would require one of the following 
alternatives: (1) Either the compartment must be located where pilots 
seated at their duty station would easily discover the fire or the 
compartment must be equipped with a smoke or fire detector system to 
provide a warning at the pilot's station. Access to the compartment 
with a fire extinguisher must also be provided; (2) If the cargo or 
baggage compartment is inaccessible to the flightcrew, it must be 
equipped with a fire detector system that provides a warning at the 
pilot's station, and the compartment must have ceiling and sidewall 
floor panels constructed of materials that have been subjected to and 
meet the vertical self-extinguishing tests of appendix F of part 23; 
(3) The Compartment must be constructed and sealed to contain any fire.
    Two comments were received on this proposal. The JAA and the CAA 
comment that proposed paragraph (b) would extend the self-extinguishing 
standards of Sec. 23.853(d)(3) to the baggage and cargo compartments of 
all airplanes. JAR 23.855 requires this self-extinguishing standard for 
commuter category only. The commenters noted that the proposed 
applicability of this standard to all airplanes has not been agreed to 
for JAR 23.
    There were no objections to the proposal or suggestions for 
changes, and Sec. 23.855 is adopted as proposed.

Section 23.867  Electrical Bonding and Protection Against Lightning and 
Static Electricity

    This proposed revision would change the heading that precedes 
Sec. 23.867 from ``Lightning Evaluation'' to ``Electrical Bonding and 
Lightning Protection.'' It would also revise the section heading from 
``Lightning protection of structures'' to ``Electrical bonding and 
protection against lightning and static electricity.'' The proposed 
revisions more accurately clarify the content of the section.
    No comments were received on this proposal, and it is adopted as 
proposed.

Section 23.1303  Flight and Navigation Instruments

    The introductory text of Sec. 23.1303 would be revised to clarify 
that the section contains the minimum required instruments. Also, 
Sec. 23.1303(d) would add a requirement for those airplanes whose 
performance must be based on weight, altitude, and temperature to be 
equipped with a free air temperature indicator. A new sentence added to 
Sec. 23.1303(e)(2) would state that nuisance overspeed warnings should 
not occur at lower speeds where pilots might ignore the warning. A new 
paragraph (f) would propose requirements for attitude instruments 

[[Page 5155]]
that include a means for flightcrew members to adjust the relative 
position of the attitude reference symbol and the horizon line. 
Finally, a new paragraph (g) would be added to identify certain 
specific instruments required for a commuter category airplane.
    Two comments were received, which note that the additional 
instruments proposed for commuter category airplanes are not included 
in JAR 23. The JAA and the CAA also note that consideration of this 
proposal is being deferred by the JAA pending the publication of JAR-
OPS and a review of the proposal by JAA specialists. (JAR-OPS are the 
JAR operations requirements issued by JAA.)
    The requirement for Sec. 23.1303 is adopted as proposed.

Section 23.1307  Miscellaneous Equipment

    This proposal would remove Sec. 23.1307(a); these requirements are 
being added to Sec. 23.785. The discussion of Sec. 23.785 above 
addresses this change.
    Also, the provisions of Sec. 23.1307(b) are being removed from 
Sec. 23.1307 as proposed. These requirements are stated in 
Secs. 23.1361, 23.1351, and 23.1357, respectively, and are being 
removed to prevent confusion. The designation of paragraph (c) would be 
removed since it would no longer be necessary.
    Two comments were received on this proposal. In these comments, the 
JAA and the CAA note that paragraph (c), adopted by Amendment 24-43, is 
pending a review by the JAA specialist for JAR 23.
    The proposal is adopted as proposed.

Section 23.1309  Equipment, Systems, and Installation

    Proposed new Sec. 23.1309(a)(4) would correct an omission that 
occurred when the FAA issued Amendment No. 23-41 (55 FR 43306, October 
26, 1990). To correct this oversight, and to continue the single fault 
provision of this paragraph, Sec. 23.1309(a)(4) was proposed.
    Two comments were received on this proposal. The JAA and the CAA 
note that, although the proposal for Sec. 23.1309(a)(4) is not included 
in JAR 23, they support it, and will be considered for adoption in JAR 
23.
    Section 23.1309(a)(4) is adopted as proposed.

Section 23.1311  Electronic Display Instrument Systems

    This proposal would revise Sec. 23.1311 to remove redundant 
requirements and to clarify which secondary instruments are required 
and the visibility requirements for these instruments.
    No comments were received on the proposal, and it is adopted as 
proposed.

Section 23.1321  Arrangement and Visibility

    The proposed revision to Sec. 23.1321(d) would remove the wording 
that limits the instrument location to airplanes certificated for 
flight under instrument flight rules or airplanes weighing more than 
6,000 pounds. Instruments are for the pilot and should be located near 
that pilot's vertical plane of vision without regard to what flight 
rules are approved for the airplane's operation or the maximum weight 
of the airplane.
    No comments were received on the proposal, and it is adopted as 
proposed.

Section 23.1323  Airspeed Indicating System

    The proposed new Sec. 23.1323(c) would add a requirement that each 
airspeed indicating system design and installation should provide 
positive drainage of moisture from the system.
    To better organize the requirements that are applicable to the 
airspeed systems on all part 23 airplane categories and those that 
would be additional requirements for the airspeed systems of commuter 
category airplanes, the FAA proposed to redesignate existing paragraphs 
(c) and (e), respectively, as paragraphs (e) and (d). By this 
redesignation, paragraphs (a), (b), (c), and (d) would apply to all 
airplanes, and paragraphs (e) and (f) would include additional 
requirements applicable to commuter category airplanes.
    The proposal for redesignated paragraph (e) would also remove the 
words ``in flight and'' from the first sentence of that paragraph. 
Proposed new Sec. 23.1323(f) would provide that, on those commuter 
airplanes where duplicate airspeed indicators are required, the 
airspeed pitot tubes must be located far enough apart so that both 
tubes would not be damaged by a single bird strike.
    No comments were received on the proposals for this section, and 
they are adopted as proposed.

Section 23.1325  Static Pressure System

    Current Sec. 23.1325(g) exempts from the requirements of 
Sec. 23.1325(b)(3) airplanes that are prohibited from flight in 
instrument meteorological conditions in accordance with 
Sec. 23.1559(b). The notice proposed to revise Sec. 23.1325(g) by 
adding airplanes that are prohibited from flight in icing conditions to 
the airplanes that are currently exempted from the requirements of 
Sec. 23.1325(b)(3).
    No comments were received on the proposal for this section, and it 
is adopted as proposed.

Section 23.1326  Pitot Heat Indication Systems

    Proposed new Sec. 23.1326 would require the installation of a pitot 
tube heat indicating system on those airplanes required to be equipped 
with a heated pitot tube.
    The comments received from the JAA and the CAA show that this 
existing requirement in JAR 23 is applicable to commuter category 
airplanes only. They state that the FAA proposal would be applicable to 
all airplanes and would result in a continuous indication of pitot heat 
non-selection in every case. The JAA and the CAA do not support the 
applicability of this section to all airplanes.
    The FAA does not agree that the proposal would be applicable to all 
airplanes. The proposal would apply only to these airplanes that are 
required, by Sec. 23.1323(d), to be equipped with a heated pitot tube. 
By this applicability, airplanes that are approved for instrument 
flight, or for flight in icing conditions, would be required to be 
equipped with a heated pitot tube and a heated pitot tube indicator. 
These are the flight conditions where the pilot needs to be alerted if 
the pitot heat has not been turned on or if the heater fails. By this 
applicability, an airplane owner who has installed a heated pitot tube 
as optional equipment may continue to operate the airplane without a 
heated pitot tube indicator.
    The preamble of the NPRM discusses the safety benefits that would 
be provided by this change.
    The proposal is adopted as proposed.

Section 23.1329  Automatic Pilot System

    Section 23.1329(b), as adopted by Amendment No. 23-24 (58 FR 18958, 
April 9, 1993), does not state clearly that stick controlled airplanes 
must be equipped with the same autopilot quick release controls that 
are required for airplanes with control wheels. The proposed revision 
of Sec. 23.1329(b) would make it clear that a quick release control 
must be installed on each control stick of an airplane that can be 
operated from either pilot seat.
    No comments were received on the proposal for this section, and it 
is adopted as proposed.

Section 23.1337  Powerplant Instruments Installation

    This proposal would revise the heading of this section to 
accurately reflect the powerplant instrument 

[[Page 5156]]
installation requirements that it contains. The difference between this 
section and Sec. 23.1305 is clarified by this change.
    Section 23.1337(b) would be revised by removing the wording that 
authorizes installation of only those fuel indicators marked in gallons 
and pounds. Section 23.1337(b) would also be revised by adding the word 
``usable'' to the first sentence of this section. Proposed new 
Sec. 23.1337(b)(4) would require a ``means to indicate'' the amount of 
usable fuel in each tank when the airplane is on the ground.
    No comments were received on the proposals for this section, and 
they are adopted as proposed.

Section 23.1351  General

    The proposal would revise current Sec. 23.1351 by removing portions 
of paragraphs (b)(2) and (b)(3) and by removing paragraph (b)(4). The 
requirements proposed for removal are applicable to alternators that 
depend upon the battery for initial excitation or for stabilization.
    Revised Sec. 23.1351(c)(3) would require an automatic means for 
reverse current protection.
    Section 23.1351(f) would be revised by adding a provision that 
would require the ground power receptacle to be located where its use 
will not result in a hazard to the airplane or to people on the ground 
using the receptacle.
    No comments were received on the proposals. The proposals are 
adopted as proposed, except that paragraph (c)(3) has been revised to 
clarify that protection for any generator/alternator and the airplane 
electrical system must be provided.

Section 23.1353  Storage Battery Design and Installation

    Proposed new Sec. 23.1353(h) would require that, in the event of a 
complete loss of the primary electrical power generating system, 
airplane battery capacity must be sufficient to supply at least 30 
minutes of electrical power to those loads essential to the continued 
safe flight and landing of the airplane.
    No comments were received on this proposal, and it is adopted as 
proposed.

Section 23.1359  Electrical System Fire Protection

    Proposed new Sec. 23.1359 would require smoke and fire protection 
for electrical system installations. Proposed Sec. 23.1359(a) would 
state that electrical systems must meet the applicable requirements of 
Secs. 23.863 and 23.1182.
    Proposed Sec. 23.1359(b) would require that the electrical systems 
components installed in designated fire zones and used during emergency 
procedures be fire resistant. This provision is needed to clarify the 
requirements for electrical system components that may be installed in 
the designated fire zones identified in Sec. 23.1181.
    Finally, Sec. 23.1359(c) would provide burn criteria for electrical 
wire and cables. A revision to appendix F of part 23 that would add 
appropriate wire testing criteria was also included in this proposal.
    No comments were received on the proposals, and they are adopted as 
proposed.

Section 23.1361  Master Switch Arrangementt

    To harmonize with the JAR this proposal would revise 
Sec. 23.1361(c) by making an editorial change to remove the last two 
words of the paragraph that read ``in flight.'' This change will not 
alter the meaning of the requirement.
    No comments were received on the proposal for this section, and it 
is adopted as proposed.

Section 23.1365  Electrical Cables and Equipment

    This proposal would revise Sec. 23.1365(b) and would add three new 
paragraphs.
    Section 23.1365(b) would be revised in relation to proposed new 
Sec. 23.1359(c), which would require self-extinguishing insulated 
electrical wires and cables. The proposed revisions to Sec. 23.1365(b) 
would remove the reference to electrical cables from the flame 
resistance requirement since the cables would be required to have self-
extinguishing insulation under Sec. 23.1359(c). The proposed revision 
retains the requirement for electrical cables and associated equipment 
to not emit dangerous quantities of toxic fumes when they overheat. The 
phrase ``at least flame resistant'' in Sec. 23.1365(b) would also be 
revised by removing the words ``at least.''
    The three paragraphs that would be added by this proposal would 
require: (1) The identification of electrical cables, terminals, and 
connectors; (2) the protection of electrical cables from damage by 
external sources; and (3) installation criteria for cables that cannot 
be protected by a circuit protection device.
    No comments were received on the proposals, and they are adopted as 
proposed.

Section 23.1383  Taxi and Landing Lights

    The landing light requirements of Sec. 23.1383 would be revised by 
adding taxi lights to this section.
    Current Sec. 23.1383(a), which requires the lights to be 
acceptable, would be deleted because it is unnecessary to state this. 
The paragraphs would be redesignated accordingly.
    Current Sec. 23.1383(b)(3) requires that a landing light must be 
installed to provide enough light for a night landing. Proposed 
Sec. 23.1383(c) would revise ``night landing'' to ``night operation'' 
since the requirements would also cover taxiing and parking. Proposed 
new paragraph (d) would require the lights to be installed so that they 
do not cause a fire hazard.
    No comments were received on the proposals for this section, and 
they are adopted as proposed.

Section 23.1401  Anticollision Light System

    This proposal would revise Sec. 23.1401 to require the installation 
of an anticollision light system on all part 23 airplanes.
    No comments were received on the proposal for this section, and it 
is adopted as proposed.

Section 23.1413  Safety Belts and Harnesses

    The proposals in the notice did not include a revision that would 
remove this section. However, comments received on the notice proposal 
for Sec. 23.785 showed that the proposed change, along with the 
retention of this section could be confusing and, thereby, not 
accomplish the FAA's intent to clarify the seat requirement.
    Section 23.1413 is being removed, and the phrase ``with metal-to-
metal latching device'' is being added to Secs. 23.785(b) and 23.785(c) 
to accomplish the intended clarification identified in this notice. 
This change will not add a substantive requirement.

Section 23.1431  Electronic Equipment

    This proposal would add three new paragraphs to Sec. 23.1431. 
Proposed new paragraph (c) would provide that airplanes required to be 
operated by more than one flightcrew member be evaluated to determine 
if the flightcrew members can converse without difficulty when they are 
seated at their duty stations. Proposed new paragraph (d) would require 
installed communication equipment to use ``off-on'' transmitter 
switching that will ensure that the transmitter is turned off when it 
is not being used. Proposed new paragraph (e) would require that, if 
provisions for communication headsets are provided, the applicant must 
demonstrate that flightcrew members will receive all warnings when a 
headset is being used. The 

[[Page 5157]]
demonstration must be made under actual cockpit noise conditions.
    The Air Line Pilots Association (ALPA) submitted the only comment 
on this proposal. ALPA expressed concern over the cockpit noise 
conditions that would be used in the determination of compliance with 
proposed paragraphs (c) and (e).
    This notice preamble identified an earlier harmonization 
consideration to include text in JAR 23 and this proposal that would 
have required compliance under actual cockpit noise conditions. The 
preamble explained that this text was not included because it may be 
misinterpreted and result in demonstrations being conducted under more 
severe noise conditions than are needed. ALPA understood this 
explanation to mean that the FAA had made a determination that 
compliance demonstrations should not be conducted under the actual 
cockpit noise conditions that exist when the airplane is being 
operated. ALPA recommends that the FAA re-evaluate its position.
    The FAA has reviewed the record of earlier harmonization 
discussions where the concerns about noise conditions were first 
considered. During these discussions, which included industry 
representatives, it was decided that any requirement for testing under 
noise conditions could be interpreted to require testing under 
conditions that were more severe than needed. Accordingly, it was 
decided that such text should not be included in either JAR or part 23. 
The FAA agreed with the position reached in these discussions; 
therefore, these proposals did not include any requirements for testing 
under noise conditions, and the explanation was placed in the notice to 
identify why such requirements were not included.
    Earlier harmonization and this comment make it clear that the 
proposals, with or without the requirements for testing under noise 
conditions, may be misinterpreted. ALPA's interpretation that the FAA 
had determined that the demonstrations of compliance with these 
requirements should not be conducted under actual cockpit noise 
conditions, is not correct. The test for compliance with the 
requirements should be done under the actual noise conditions.
    To clarify the conditions under which these evaluations should be 
conducted, not withstanding earlier harmonization agreements, these two 
paragraphs are being revised to include the phrase, ``under actual 
cockpit noise conditions when the airplane is being operated.''
    The proposals for Sec. 23.1431 are adopted with the above-
identified revision of paragraphs (c) and (e).

Section 23.1435  Hydraulic Systems

    Since the adoption of Amendment No. 23-43 (58 FR 18958, April 9, 
1993), the FAA has received questions about the installation of 
hydraulic accumulators that are permitted by Sec. 23.1435(c). These 
questions have shown that applicants find Sec. 23.1435(c) difficult to 
understand. The notice proposed a revision of Sec. 23.1435(c) to 
clarify the type and size of a hydraulic accumulator or reservoir that 
may be installed on the engine side of any firewall.
    No comments were received on the proposal for this section, and it 
is adopted as proposed.

Section 23.1447  Equipment Standards for Oxygen Dispensing Units

    If radio equipment is installed, proposed new Sec. 23.1447(a)(4) 
would require that flightcrew oxygen dispensing units be designed to 
allow the use of communication equipment when oxygen is being used.
    Revisions to Sec. 23.1447(d) would require the flightcrew oxygen 
dispensing units to either be the quick donning type or be 
automatically presented before the cabin pressure altitude exceeds 
15,000 feet, if the airplane is certificated for operation above 25,000 
feet. The passenger oxygen requirements of former paragraph (e) and 
(e)(1) have not been revised, but are now contained in new paragraph 
(e). Proposed paragraph (d) would be revised to provide the flightcrew 
and the airplane passengers the same level of safety as required by 
other airworthiness standards (14 CFR part 25). This proposed revision 
is also consistent with the proposed revision of Sec. 23.841.
    No comments were received on the proposals for this section, and 
they are adopted as proposed.

Section 23.1451  Fire Protection for Oxygen Equipment

    This proposed new section would specify fire protection for oxygen 
equipment installations. Section 23.1451(a) and (b) would, 
respectively, prohibit the installation of oxygen equipment in 
designated fire zones and require that oxygen system components be 
protected from the heat from designated fire zones. Proposed 
Sec. 23.1451(c) would require oxygen equipment and lines to be 
installed so that escaping oxygen cannot come in contact with grease, 
fluids, or vapors that may be present.
    No comments were received on the proposal for this section, and it 
is adopted as proposed.

Section 23.1453  Protection of Oxygen Equipment From Rupture

    Proposed new Sec. 23.1453 would clarify the rupture protection 
needed for oxygen system installation. Rupture protection for oxygen 
systems is currently required by the application of the structure load 
requirements of part 23. The addition of Sec. 23.1453(a) would clarify 
the application of these load requirements and would identify the need 
to consider maximum temperatures and pressures that may be present. 
Section 23.1453(b) would identify the protection to be provided for 
high pressure oxygen sources and the pressure lines that connect such 
sources to the oxygen system shutoff valves.
    The comments received on this proposal from the JAA and the CAA 
noted that the word ``high'' in paragraph (b) could lead to confusion 
and require interpretation. Accordingly, they suggested that the words 
``High pressure oxygen sources'' be revised to read as follows: 
``Oxygen pressure sources.'' This is the same text that is used in JAR 
23.
    The FAA agrees with the suggested wording change. When the proposal 
was originally drafted, the FAA was considering the oxygen source side 
of the oxygen regulator, the high pressure side, and the passenger 
dispensing side of the regulator, the low pressure side; thus, the word 
``high'' was used.
    The suggested change will not alter the requirement's applicability 
and will be more clearly understood. It is also noted that the 
suggested text change will more closely align with the same requirement 
in Sec. 25.1453. Section 23.1453 is changed by revising the first four 
words of proposed paragraph (b) to read, ``Oxygen pressure sources.''
    This section is adopted with the above change.

Section 23.1461  Equipment Containing High Energy Rotors

    This proposal would revise paragraph (a) of this section to clarify 
that the requirements apply to high energy rotors included in an 
auxiliary power unit (APU).
    One comment was received on this proposal. The JAA and the CAA 
noted that the JAA does not agree that the requirements of this section 
are applicable to APU's. They suggest that the proposed changes to 
paragraph (a) not be adopted.
    In the preamble of the notice, the FAA identified policy issued 
after this 

[[Page 5158]]
section was adopted. That policy indicated that the section was 
applicable to ``equipment such as APU's and constant speed drives,'' 
but this policy was not widely distributed to all FAA offices. The 
proposal in the notice does not alter the policy applicability, but it 
does clarify the policy.
    Removing the proposed change would not alter the situation. The FAA 
defines ``Equipment containing high energy rotors'' to include APU's 
and constant speed drives. In cases where rotor containment has been 
demonstrated by complying with JAA-APU or FAA TSO C77a, this compliance 
will be examined by the FAA office responsible for the airplane 
certification. If it is found that this demonstration also meets the 
requirements of Sec. 23.1461, it will be accepted for the airplane's 
compliance.
    The proposal for Sec. 23.1461 is adopted as proposed.

Appendix F to Part 23--Test Procedure

    This proposal would revise appendix F to provide the procedures 
needed to test electrical wire to ensure that the wire meets the burn 
requirements of Sec. 23.1359. It would also add procedures for meeting 
the 45 degree and 60 degree angle burn test requirement proposed in 
Secs. 23.855(c)(2) and 23.1359(c), respectively. Paragraph (b) would 
clarify the specimen configuration to be used in the proposed testing 
procedures.
    No comments were received on the proposals, and they are adopted as 
proposed.

Section 91.205  Powered Civil Aircraft With Standard Category U.S. 
Airworthiness Certificates: Instrument and Equipment Requirements

    Proposed new Sec. 91.205(b)(11) would require that airplanes 
certificated under Sec. 23.1401 be equipped with an anticollision light 
system for day visual flight rule (VFR) operations. Day VFR operations 
are discussed under Sec. 23.1401 of the notice.
    No comments were received on the proposed addition to this section, 
and that addition is adopted as proposed.

Section 91.209  Aircraft Lights

    Proposed new Sec. 91.209(b) would require that airplanes equipped 
with an anticollision light system be operated with the anticollision 
light system lighted during all types of operations, except when the 
pilot determines that, because of operating conditions, it would be in 
the interest of safety to turn the lights off.
    One commenter believes that the proposal is unacceptable to 
aircraft operators. This commenter contends that the midair collision 
statistics are purely conjectural and that any safety benefits are 
merely guesswork. The commenter also notes that this change would 
affect an aircraft's dispatch capability, and questions why an airplane 
that is perfectly capable of being flown should be grounded from 
daytime flight because something, such as a lamp, is defective.
    The FAA agrees that there will be incidents where an airplane will 
be temporarily grounded from daylight operations until a failure in the 
light system can be repaired. However, the additional safety cue 
provided to pilots by operating anticollision light systems will 
outweigh the cost of maintaining the light system.
    The proposed revision of Sec. 91.209 is adopted as proposed.

Regulatory Evaluation, Regulatory Flexibility Determination, and Trade 
Impact Assessment

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs that Federal agencies 
promulgate new regulations or modify existing regulations only if the 
potential benefits to society justify its costs. Second, the Regulatory 
Flexibility Act of 1980 requires agencies to analyze the economic 
effect of regulatory changes on small entities. Finally, the Office of 
Management and Budget directs agencies to assess the effects of 
regulatory changes on international trade. In conducting these 
assessments, the FAA has determined that this rule: (1) Will generate 
benefits exceeding its costs and is ``significant'' as defined in the 
Executive Order 12866; (2) is ``significant'' as defined in DOT's 
Policies and Procedures; (3) will not have a significant impact on a 
substantial number of small entities; and (4) will not constitute a 
barrier to international trade. These analyses, available in the 
docket, are summarized below.

Regulatory Evaluation Summary

    This section summarizes the costs and benefits of each provision of 
the final rule. Many of the provisions in the final rule will impose 
either no cost or a negligible cost. Such provisions are typically 
administrative, editorial, clarifying, relieving, or conforming in 
nature. In addition, the FAA holds that certain provisions have a 
potential safety benefit that can be achieved with no incremental cost, 
due primarily to the fact that this rule will apply to future 
certificated airplanes and retrofitting will not be required. All 
provisions of the final rule, including those with no or negligible 
costs, are summarized below. Only those provisions with non-negligible 
costs are further evaluated in the section that follows. It should be 
noted that the various cost impacts are not additive since the 
individual provisions often apply to different airplane types included 
under part 23. The reader is directed to the full regulatory evaluation 
in the docket for additional information.

------------------------------------------------------------------------
           Section              Incremental cost           Benefit      
------------------------------------------------------------------------
Section 23.677  Trim systems  Negligible..........  Safety.             
Section 23.691  Artificial    None................  Administrative.     
 stall barrier system.                                                  
Section 23.697  Wing flap     $480 per              Nominal safety and  
 controls.                     certification and     relief.            
                               $100 per airplane                        
                               for affected                             
                               airplanes.                               
Section 23.701  Flap          None................  Clarification.      
 interconnection.                                                       
Section 23.703  Takeoff       $240 per              Nominal safety and  
 warning system.               certification for     relief.            
                               evaluation. Where                        
                               necessary, $5,120                        
                               per certification,                       
                               $1,000 per airplane                      
                               and $100 per year.                       
Section 23.723  Shock         None................  Editorial.          
 absorption tests.                                                      
Section 23.729  Landing gear  para. (e). None.....  Clarification.      
 extension and retraction                                               
 system.                                                                
                              para. (g).            Minor; general      
                               Negligible, general   practice.          
                               practice.                                
Section 23.735  Brakes......  para. (a). None.....  Editorial           
                                                     clarification.     
                              para. (c). None.....  Administrative.     
                              para. (e). $240 per   Minor safety.       
                               certification.                           
Section 23.745  Nose/Tail     None................  Minor. Avoids       
 wheel steering.                                     special conditions.
Section 23.775  Windshields   para. (a). None.....  Relieving.          
 and windows.                                                           
                              para. (c). None.....  Clarification.      

[[Page 5159]]
                                                                        
                              para. (h). Up to      Safety.             
                               $350,000 per                             
                               certification.                           
Section 23.783  Doors.......  para. (b). None.....  Minor safety.       
                              para. (g). $25 per    Safety.             
                               airplane.                                
Section 23.785  Seats,        None................  Editorial           
 births, litters, safety                             organization.      
 belts and shoulder                                                     
 harnesses.                                                             
Section 23.787  Baggage and   para. (a)$1 per       Minor safety.       
 cargo compartments.           airplane.                                
                              para. (b). $60 per    Safety.             
                               certification and                        
                               up to $100 per                           
                               airplane.                                
                              para. (c). None.....  Clarification.      
Section 23.791  Passenger     $60 per               Safety.             
 information signs.            clarification, up                        
                               to $200 per                              
                               airplane, and a                          
                               negligible effect                        
                               on operating costs.                      
Section 23.807  Emergency     para. (a)(4).         Minor safety.       
 exists.                       Expected negligible.                     
                              para. (b) and         Clarification and   
                               (b)(5). None.         editorial.         
                              para. (b)(6). Where   Safety.             
                               chosen, $10,000 per                      
                               certification and                        
                               $500 per airplane.                       
Section 23.841  Pressurized   $1,000 per            Safety.             
 cabins.                       certification and                        
                               $2,000 per airplane.                     
Section 23.853  Passenger     None................  Editorial.          
 and crew compartment                                                   
 interiors.                                                             
Section 23.855  Cargo and     para. (a). Less than  Minor safety.       
 baggage compartment fire      $40 per airplane.                        
 protection.                                                            
                              para. (b). Less than  Safety.             
                               $200 per airplane.                       
                              para. (c).            Safety.             
                               Potentially as high                      
                               as $1,800 per                            
                               certification,                           
                               $4,550 per                               
                               airplane, and $100                       
                               per year.                                
Section 23.867  Electrical    None................  Editorial.          
 bonding and protection                                                 
 against lightning and                                                  
 static electricity.                                                    
Section 23.1303  Flight and   Introduction. None..  Clarification.      
 navigation instruments.                                                
                              para. (d).            Safety.             
                               Negligible.                              
                              para. (e)(2). None..  Minor safety.       
                              para. (f). None.....  Minor safety.       
                              para. (g)(1). Up to   Safety.             
                               $2,000 per airplane.                     
                              para. (g)(2). None..  Minor safety.       
                              para. (g)(3). Up to   Safety.             
                               $3,600 per                               
                               certification and                        
                               $7,000 per airplane.                     
Section 23.1307               None................  Editorial and       
 Miscellaneous equipment.                            conforming.        
Section 23.1309  Equipment,   None................  Minor safety.       
 systems, and installations.                                            
Section 23.1311  Electronic   None................  Clarifying,         
 display instrument systems.                         editorial, and     
                                                     relieving.         
Section 23.1321  Arrangement  None................  Minor safety.       
 and visibility.                                                        
Section 23.1323  Airspeed     None................  Minor safety.       
 indicating system.                                                     
Section 23.1325  Static       None................  Relieving.          
 pressure system.                                                       
Section 23.1326  Pitot heat   $2,800 per            Safety.             
 indication system.            certification,                           
                               $1,600 per airplane.                     
Section 23.1329  Automatic    None................  Clarifying.         
 pilot system.                                                          
Section 23.1337  Powerplant   Heading and para.     Clarifying,         
 instruments installation.     (b). None.            relieving.         
                              para. (b)(4).         Safety.             
                               Negligible.                              
Section 23.1351  General....  para. (b). None.....  Administrative.     
                              para. (c)(3). None..  Clarifying.         
                              para. (f). None.....  Minor safety.       
Section 23.1353  Storage      Where necessary, up   Safety.             
 battery design and            to $30 per five                          
 installation.                 years capital, up                        
                               to $10 per year                          
                               operating, and $600                      
                               per certification.                       
Section 23.1359  Electrical   para. (a). None.....  Clarifying emphasis.
 system fire protection.                                                
                              para. (b).            Clarifying.         
                               Negligible.                              
                              para. (c). $240 per   Safety.             
                               certification.                           
Section 23.1361  Master       None................  Editorial.          
 switch arrangement.                                                    
Section 23.1365  Electrical   para. (b). None.....  Conforming          
 cables and equipment.                               editorial.         
                              para. (d). $4,400     Safety.             
                               per certification                        
                               and $100 per                             
                               airplane.                                
                              para. (e). None.....  Minor safety.       
                              para. (f).            Minor safety.       
                               Negligible.                              
Section 23.1383  Taxi and     None................  Editorial update.   
 landing lights.                                                        
Section 23.1401               Where necessary,      Safety.             
 Anticollision light system.   $2,400 per                               
                               certification and                        
                               $1,600 per airplane.                     
Section 23.1431  Electronic   para. (c). Where      Safety.             
 equipment.                    necessary, up to                         
                               $1,200 per                               
                               certification and                        
                               $1,600 per airplane.                     
                              para. (d).            Minor safety.       
                               Negligible.                              
                               Included above.                          
                              para. (e). None or    Safety.             
                               negligible.                              

[[Page 5160]]
                                                                        
Section 23.1435  Hydraulic    None................  Clarifying.         
 systems.                                                               
Section 23.1447  Equipment    para. (a)(4). Up to   Safety.             
 standards for oxygen          $2,000 per airplane.                     
 dispensing units.                                                      
                              para.'s (d) and (e).  Minor safety.       
                               None.                                    
Section 23.1451  Fire         None................  Safety.             
 protection for oxygen                                                  
 equipment.                                                             
Section 23.1453  Protection   $960 per              Safety.             
 of oxygen equipment from      certification.                           
 rupture.                                                               
Section 23.1461  Equipment    None................  Clarifying.         
 containing high energy                                                 
 rotors.                                                                
Appendix F to Part 23--Test   None. Considered      Minor safety.       
 Procedure.                    above.                                   
Section 91.205  Powered       None................  Safety, considered  
 civil aircraft with                                 above.             
 standard category U.S.                                                 
 airworthiness certificates:                                            
 Instrument and equipment                                               
 requirements.                                                          
Section 91.209  Aircraft      $25 per year per      Safety, considered  
 lights.                       airplane.             above.             
------------------------------------------------------------------------



Evaluation of Provisions With Non-Negligible Projected Costs

    This section describes and evaluates those provisions of the rule 
that are expected to impose costs that are not negligible.

Section 23.697  Wing Flap Controls

    New Sec. 23.697(c) provides safety standards for the wing flap 
control lever installed in airplanes that use wing flap settings other 
than fully retracted when showing compliance with Sec. 23.145. The FAA 
estimates that an aerospace engineer could design the flap control 
lever to meet the requirement in 8 hours at a burdened rate of $60 per 
hour, totalling $480 per certification. The control lever itself would 
impose an incremental cost, including installation, of approximately 
$100 per airplane.
    The nominal benefits of this provision will derive from the 
increased safety afforded the pilot in positively selecting the proper 
flap setting to maintain longitudinal control. In fact, if a flap 
position other than fully retracted were needed to maintain 
longitudinal control: (1) That position would be necessary to prevent 
an unsafe condition, (2) the airplane would not be certificated under 
that design, and (3) the airplane would have to be redesigned so that 
intermediate flap positions would not be needed for control. Paragraph 
(c) will allow the identification of an intermediate flap position and 
the positive means of selecting that position. This alternative would 
rectify the unsafe condition without requiring the manufacturer to 
redesign the airplane.

Section 23.703  Takeoff Warning System

    This new section requires that a takeoff warning system on some 
commuter category airplanes. The requirement will apply if a flight 
evaluation shows that an unsafe takeoff condition would result when 
lift devices on longitudinal trim devices are set to any position 
outside the approved takeoff range. If the evaluation shows that no 
unsafe condition could result at any setting of these devices, a 
takeoff warning system will not be required. For those airplanes on 
which a warning system must be installed, the rule will provide 
requirements for the installation of the system.
    The FAA estimates that an evaluation to determine whether a takeoff 
warning system is needed will cost $240 (4 hours of engineering at a 
burdened rate of $60 per hour). Where needed, the integration design of 
a warning system will cost $2,400 (40 hours at $60 per hour). In 
addition, an incremental 4 hours of flight testing at a cost of $2,720 
($500 per hour for two test pilots and $180 per hour for fuel) will be 
needed to demonstrate the system's performance. The FAA estimates that 
the system, including acquisition, wiring, micro switches, and labor, 
will add approximately $1,000 to the cost of each airplane required to 
have one. Maintenance of such a system will cost approximately $100 per 
year.
    The nominal benefit of this provision derive from the increased 
safety provided by the takeoff warning system that would activate 
whenever lift or longitudinal trim devices are not set within their 
approved takeoff ranges. If an evaluation showed that positions of the 
lift or longitudinal trim devices could create an unsafe condition on 
takeoff, the manufacturer is required, under existing regulations, to 
redesign the devices so that the unsafe positions could not be 
obtained. The new section will provide relief by allowing the applicant 
to install a warning system rather than redesigning the trim device(s).

Section 23.735  Brakes

    New Sec. 23.735(e), applicable to commuter category airplanes, 
requires establishing the minimum rejected takeoff brake kinetic energy 
capacity rating of each main wheel brake assembly. Based on the 
operating experience of airplanes used in passenger-carrying 
operations, existing Sec. 23.45 requires the determination of the 
accelerate-stop distance for commuter category airplanes. New 
Sec. 23.735 is needed to ensure that the brakes will perform safely 
under accelerate-stop conditions.
    Under the final rule, manufacturers of commuter airplanes may 
determine the kinetic energy absorption requirements either through a 
conservation, rational analysis of the sequence of events expected 
during a rejected takeoff, or by using the formula in new 
Sec. 23.735(e)(2). The FAA estimates that the determination will cost 
$240, based on four hours of engineering at a burdened rate of $60 per 
hour. The potential benefits of the requirement derive from the added 
safety that will be provided by establishing beforehand the minimum 
necessity kinetic energy capacity rating of each main wheel brake 
assembly under rejected takeoff conditions.

Section 23.775  Windshields and Windows

    Introductory text and paragraph (h)(1) are added to require that 
commuter category windshield panes that are directly in front of the 
pilots be able to withstand the impact of a two pound bird at maximum 
approach flap speed. By requiring full protection against the strike of 
a two-pound bird at approach speed, additional protection will also be 
provided if the airplane strikes a larger bird or strikes a bird at a 
higher speed.
    New Sec. 23.775(h)(2) further requires the panels of the windshield 
to be so 

[[Page 5161]]
arranged that, if one is damaged, other panels will remain to provide 
visibility for continuous safe flight and landing.
    The potential cost of Sec. 23.775(h) will vary depending on 
circumstances of the affected manufacturer. Industry sources estimate 
that the total nonrecurring cost per certification will range from 
$250,000 to $350,000, consisting of: (1) Up to $200,000 for a bird 
strike test article (``bird gun'') if the manufacturer does not have 
one; and (2) up to $150,000 of time and materials cost for the actual 
testing.
    A manufacturer that has a bird strike test article will not incur 
additional capital test costs. Most manufacturers will incur up to 
$150,000 in time and materials costs for the actual testing, but even 
these costs could be mitigated by the existing need of most 
manufacturers to perform such tests for export sales to JAA member 
countries.
    Industry sources estimate that there will be no identifiable 
increment in design or tooling costs since the windshield is an 
integral part of the initial design. Similarly, little or no recurring 
costs per airplane (incremental materials, installation, or weight) are 
projected since it is reasonable to assume that the pressure load, as 
compared to bird strike resistance, will be the controlling factor in 
windshield design strength.
    The benefit of the revision is the incremental protection against 
bird strikes that would be afforded to commuter category airplanes. The 
FAA has reviewed International Civil Aviation Organization (ICAO) data 
on bird strikes that occurred on member country airplanes weighing 
19,000 or fewer pounds from 1981 through 1989. These data shows that 
approximately 550 strikes occurred and that one out of seven hits the 
windshield. The data show that:
    1. Almost 52 percent of the strikes occurred at altitudes of less 
than 100 feet, and 26.7 percent occurred between 101 and 1000 feet.
    2. Eighty-five percent of the strikes occurred at airspeeds of 150 
knots or less.
    3. Where bird types were reported, 27.6 percent of strikes involved 
small birds and 58.6 involved medium size birds (2 pounds or less).
    4. Incidents where the airplane was damaged showed that 16.9 
percent resulted from small bird strikes and 64 percent resulted from 
medium size bird strikes.
    These data show that most bird strikes occur at takeoff and landing 
airspeeds, and that birds weighing two pounds or less are struck most 
often. The standards of the final rule are based on these statistics. 
Few fatalities and injuries resulted from the bird strikes reported in 
the ICAO data. Similarly, a review of NTSB accident records between 
1982 and 1992 revealed no U.S. accidents resulting from bird strikes to 
the windshields of commuter category airplanes. As a result, the FAA 
cannot justify this provision solely on the basis of historical 
accidents. Instead, the standards are based on the expert 
recommendations of the ARAC. It is also noted that this standard will 
be applied to JAA certifications and that U.S. manufacturers wishing to 
export to JAA countries will be required to meet the standard.

Section 23.783  Doors

    New paragraph (g) requires that the locks on lavatory doors, if 
installed, be designed so that they will not trap occupants. Lavatory 
door locks used in transport category airplanes (see Sec. 25.783) meet 
the requirements of this rule. The FAA estimates that the incremental 
cost of this provision would be no more than $25 per lock. The rule 
will reduce the likelihood that occupants would be trapped in a locked 
lavatory, both in emergency and non-emergency situations.

Section 23.787  Baggage and Cargo Compartments

    The final rule extends to normal, utility, and acrobatic airplanes 
the existing commuter requirement to prevent baggage from hazardous 
shifting. The FAA estimates that an aerospace engineer can analyze the 
subject loads that would need to be constrained in 1 hour, at a 
burdened cost of $60 per hour. Tiedowns will cost approximately $50 per 
baggage compartment, or no more than $100 per airplane. These 
additional costs apply to normal, utility, and acrobatic airplanes 
since commuter category airplanes are already subject to the 
requirement under the existing rule.
    The potential benefits of the provision include the reduced 
likelihood: (1) That baggage compartments would be overloaded, (2) that 
stowed baggage would shift dangerously, and (3) that essential co-
located equipment or wiring would be damaged.

Section 23.791  Passenger Information Signs

    This new section requires at least one illuminated sign notifying 
all passengers when seat belts should be fastened. The requirement will 
apply only to airplanes where flightcrew members cannot observe 
occupant seats or where the flightcrew compartment is separated from 
the passenger compartment. The signs will have to be legible to all 
seated passengers and to be operable from a crewmember station.
    The FAA estimates that an aerospace engineer could design the 
required sign in 1 hour, at a burdened rate of $60 per hour. The sign 
would cost approximately $200 per airplane, including parts and 
installation. Maintenance costs for bulb replacement will be 
negligible. The weight penalty associated with the light system would 
also be minor (no more than 2 pounds).
    The safety benefits of the change will derive from the increased 
likelihood that passengers will know when their seat belts should be 
fastened.

Section 23.807  Emergency Exits

    New Sec. 23.807(a)(4) provides the same hazard protection for a 
person using an emergency exit as that provided by revised 
Sec. 23.783(b) for a person who uses a passenger door. Emergency exits 
will not be allowed to be located with respect to a propeller disk or 
any other hazard in a manner that will endanger persons using that 
exit.
    The FAA holds that no incremental cost will be incurred to meet the 
standards of the provision for newly certificated airplanes. No 
comments to the NPRM were received on the potential costs and methods 
of compliance that manufacturers would choose to comply with this 
requirement.
    Section 23.807(b)(5) revises the current egress requirements for 
acrobatic airplanes. Section 23.807(b)(6) establishes similar egress 
standards for utility category airplanes that are certificated for 
spinning. Industry sources estimate that an aerobatic, quick-release 
door will cost an incremental $10,000 in engineering design per 
affected airplane model and an additional $500 per production airplane. 
Little or no additional weight is expected. These costs will apply only 
in cases where the manufacturer determines that the marketplace return 
of a combination type certificate would outweigh the additional costs 
of design and production.

Section 23.841  Pressurized Cabins

    The revision to Sec. 23.841(a) extends the cabin pressure 
requirements of current paragraph (a), which apply to airplanes 
certificated for operation above 31,000 feet, to airplanes certificated 
for operation above 25,000 feet. Current part 25, JAR 25, and proposed 
JAR 23 include the same requirement. This revision is intended to 
protect airplane occupants if a malfunction occurs at altitudes where 
symptoms of hypoxia occur, usually above 25,000 feet.

[[Page 5162]]

    For airplanes that will be certificated for maximum altitude 
operation between 25,000 feet and 31,000 feet, the provision requires 
two additional pressure altitude regulators and associated plumbing. 
Industry sources estimate that the requirement will cost an incremental 
$1,000 in engineering design per affected airplane model and $2,000 per 
production airplane. Any additional weight will be negligible.
    The benefits of the proposal derive from the incremental protection 
against hypoxia afforded to occupants of airplanes certificated for 
maximum altitudes between 25,000 and 31,000 feet. Due to the increasing 
use of turbine engines, more part 23 airplanes are likely to be 
approved for operation above 25,000 feet. In the absence of this rule, 
an increasing number of occupants would be exposed to the potential for 
harm in the event of a failure or malfunction of the pressure system on 
these airplanes.

Section 23.855  Cargo and Baggage Compartment Fire Protection

    Paragraph (a) requires all sources of heat within each cargo and 
baggage compartment that are capable of igniting the compartment 
contents to be shielded and insulated to prevent such ignition. 
Existing Sec. 23.787(f) requires that cargo compartment lamps be 
installed so as to prevent contact between the lamp bulb and cargo. The 
final rule will clarify and extend this provision to include all 
sources of heat for baggage as well as cargo compartments.
    Lights and (rarely) heaters for pets are typically the only sources 
of heat located in a baggage or cargo compartment. A wire cage, costing 
no more than $20, around the heat source would meet these requirements. 
The FAA estimates that the total cost of compliance per airplane will 
be no more than $40 in those rare cases where such protection would not 
have been provided anyway. The benefit of the proposed provision is a 
reduction in the possibility of fire caused by the ignition of 
compartment contents by lights or heaters.
    Paragraph (b) requires cargo and baggage compartments to be 
constructed of materials that meet the appropriate provisions of 
Sec. 23.853(d)(3). Currently these requirements apply to commuter 
category airplanes and to the materials used in the compartments of 
these airplanes. The new requirement extends this applicability to the 
cargo and baggage compartments of all part 23 airplanes. In effect, the 
new requirement requires materials that are self-extinguishing, rather 
than flame resistant, as currently required under Sec. 23.787(d).
    Information provided by manufacturers shows that materials that 
meet self-extinguishing flame requirements are available at a slightly 
higher cost than materials that meet only flame resistant requirements. 
The FAA conservatively estimates that the incremental costs of 
complying with Sec. 23.855(b) will be less than $200 per airplane. The 
safety benefits of this provision will be an increase in cargo and 
baggage compartment fire protection.
    New paragraph (c) adds new fire protection requirements for cargo 
and baggage compartments for commuter category airplanes. The rule 
requires one of the following three alternatives:
    (1) The compartment must be located where pilots seated at their 
duty station would easily discover the fire, or the compartment must be 
equipped with a smoke or fire detector system to provide a warning at 
the pilot's station. The compartment must also be accessible for fire 
extinguisher application.
    (2) The compartment may be inaccessible, but must be equipped with 
a fire detector system that provides a warning at the pilot's station, 
and the compartment must have ceiling and sidewall floor panels 
constructed of materials that have been subjected to and meet the 
vertical self-extinguishing tests of appendix F to part 23.
    (3) The compartment must be constructed and sealed to contain any 
fire.
    The FAA cannot predict the designs of cargo and baggage 
compartments for future airplanes. If manufacturers choose to use smoke 
detectors, however, no more than 2 smoke detectors would be required 
per airplane. An aerospace engineer can design the smoke detector 
system in approximately 30 hours at a burdened rate of $60 per hour, 
for a total cost of $1,800 per certification. Two detectors, including 
wiring and installation, are estimated to cost about $4,550. 
Maintenance costs for the smoke detectors will cost approximately $100 
per year.
    Materials that meet the vertical self-extinguishing tests of 
appendix F (alternative 2 in the discussion above) will result in 
incremental costs of less than $200 per airplane. For alternative 3, 
the FAA estimates that it will cost $500 to construct a sealed 
compartment, or a total of $1,000 for 2 compartments, if the 
manufacturer chooses that method of complying with the proposed 
requirement.
    Irrespective of the individual compliance method, the benefits of 
the provision will come from the increased likelihood that a cargo or 
baggage compartment fire could either be extinguished or contained.

Section 23.1303  Flight and Navigation Instruments

    Revised Sec. 23.1303(d) adds the requirement for a free air 
temperature indicator for those airplanes whose performance must be 
based on weight, altitude, and temperature. This requirement already 
applies to turbine-powered airplanes. The final rule extends the 
requirement to reciprocating engine-powered airplanes of more than 
6,000 pounds. Manufacturers currently include free air temperature 
indicators as standard equipment on all part 23 airplanes, and would 
continue to do so in future designs in the absence of the requirement. 
Since the provision formalizes current practice, any costs would be 
negligible. Benefits will accrue from the requirement that the 
information necessary to determine the performance envelope of the 
airplane be available to the pilot.
    New Sec. 23.1303(g) identifies specific instruments, and the limits 
of those instruments, required for commuter category airplanes. New 
Sec. 23.1303(g)(1) states that if airspeed limitations vary with 
altitude, the airspeed indicators must show the variation of the 
maximum operating limit speed (VMO) with altitude. Industry 
sources indicate that an airspeed indicator with a VMO ``pointer'' 
would cost $1,000 more than one without. Since two airspeed indicators 
are required on commuter airplanes, the incremental cost of this 
requirement will be $2,000 per commuter category airplane produced. The 
potential safety benefit of the requirement derives from the 
requirement that the information necessary to determine the maximum 
operating limit speed be available at all altitudes.
    New Sec. 23.1303(g)(3) requires (for commuter category IFR-approved 
airplanes with passenger seating configurations of 10 or more) a third, 
independent, attitude indicator (AI). Industry sources estimate that an 
aerospace engineer can design and document a third attitude instrument 
system in 100 hours at a burdened rate of $60 per hour, totalling 
$6,000 per certification. It is estimated that an AI will cost 
approximately $8,000, including a standby battery, and that the 
installation will cost $2,200 for 40 hours of a mechanic's time at a 
burdened rate of $55 per hour. However, Sec. 23.1311(a)(5), discussed 
below, deletes the requirement for a rate-of-turn indicator when an 
independent attitude indicator is installed. The costs 

[[Page 5163]]
associated with a rate-of-turn indicator include: 40 hours of design 
and documentation costs, $1,000 per indicator, and 40 hours of 
installation. Therefore, the incremental cost for an IFR-approved 
airplane with a passenger seating capacity of 10 or more will be $3,600 
per certification for 60 hours of engineering (100 hours for the AI, 
minus 40 hours for the rate-of-turn indicator); and $7,000 per airplane 
for the instrument ($8,000 for the AI, minus $1,000 for the rate-of-
turn indicator); and no additional cost for the installation (40 hours 
for the AI, minus 40 hours for the rate-of-turn indicator).
    The potential safety benefits of a third, independent attitude 
indicator derive from the reduced potential for erroneous attitude 
information. Currently, two attitude instruments are required for a ten 
passenger, IFR-approved commuter category airplane. Service experience 
has shown that a failure can occur whereby an attitude indicator can 
appear to be working when it is actually providing incorrect 
information. During such a failure, pilots may have difficulty 
determining which instrument to follow, and hazardous flight attitudes 
may result. A third attitude indicator will allow the crew to retain 
reliable attitude information even in cases where one instrument is not 
operating correctly.

Section 23.1326  Pitot Heat Indication System

    New Sec. 23.1326 requires the installation of a pitot tube heat 
indicating system on those airplanes required to be equipped with a 
heated pitot tube. Heated pitot tubes ensure that moisture will not 
freeze in the tube and block or partially block the airspeed system.
    A pitot heat indicating system, including an in-line current 
sensor, panel light, and associated wiring, costs approximately $500. 
According to industry sources, an aerospace engineer can design and 
document such a system in 20 hours at a burdened rate of $60 per hour, 
totalling $1,200. A mechanic can install the system in 20 hours at a 
burdened rate of $55 per hour, totalling $1,100. The estimated non-
recurring cost per certification, therefore, will total $2,800 ($1,200 
for design, $500 for the certification airplane's indicator, and $1,100 
for installation of that indicator). The estimated cost per production 
airplane will be $1,600 ($500 for the system and $1,100 for 
installation).
    A pitot heat indicating system can advise the pilots of any 
inoperative heating element in the pitot tube and that subsequent 
inaccuracies could result. The provision will reduce the likelihood 
that pilots would rely on inaccurate airspeed information resulting 
from a blocked or partially blocked pitot tube.

Section 23.1353  Storage Battery Design and Installation

    New Sec. 23.1353(h) requires that, in the event of a complete loss 
of the primary electrical power generating system, airplane battery 
capacity must be sufficient to supply at least 30 minutes of electrical 
power to those loads essential to the continued safe flight and landing 
of the airplane.
    In some cases, manufacturers may need to install larger batteries 
with greater capacities to comply with the requirements. The FAA 
estimates that the size and capacity of a larger battery will add no 
more than a few pounds (incremental operating costs of less than $10 
per year) and $20 to $30 of additional cost for the battery.
    On some airplanes, a ``load shedding'' procedure, where the pilot 
would sequentially turn off certain equipment, could be required either 
in place of or in addition to a larger battery. The procedure would be 
provided in the pilot's operating handbook (POH). The FAA estimates 
that an aerospace engineer can establish a load shedding procedure in 
10 hours at a burdened rate of $60 per hour, for a total cost of $600 
per affected certification.
    Irrespective of the method of compliance, the provision will 
increase the likelihood that sufficient electrical power will be 
available to safely land the airplane in the event of an electrical 
generating system failure.

Section 23.1359  Electrical System Fire Protection

    Revised Sec. 23.1359(c) provides burn criteria for electrical wire 
and cables. A revision to appendix F to part 23 adds appropriate wire 
testing criteria. Demonstrating and documenting that electrical wires 
and cables meet the requirements of this provision will take an 
aerospace engineer approximately 4 hours at a burdened rate of $60 per 
hour, for a total cost of $240 per certification. The requirement and 
testing criteria increase the likelihood that necessary wires and 
cables will continue to function in the event of a fire.

Section 23.1365  Electrical Cables and Equipment

    Section 23.1365(d) adds a requirement for the identification of 
electrical cables, terminals, and connectors. Different colored wires 
and/or tags could be used in conjunction with a wiring diagram to 
identify the cables, terminals, and connectors. The FAA estimates that 
a draftsman can design and document this identification system in 80 
hours at a burdened rate of $55 per hour, a total of $4,400 per 
certification. Incremental installation costs will be approximately 
$100 per airplane.
    The increasing use of electrical systems in part 23 airplanes has 
added to the difficulty of wiring installation. The requirement for 
cable identification will increase the likelihood that cables are 
correctly installed initially and will be correctly reinstalled as part 
of later maintenance or modification.

Section 23.1401  Anticollision Light System

    The final rule revises Sec. 13.1401 to require the installation of 
an anticollision light system on all part 23 airplanes. Existing 
Sec. 23.1401 requires an anticollision light system only if 
certification for night operations is requested. Many manufacturers 
currently install anticollision light systems on all airplanes they 
produce.
    Industry sources estimate that an aerospace engineer can design and 
document an anticollision light system in 40 hours at a burdened rate 
of $60 per hour, for a total of $2,400 per affected certification. The 
system will cost $500 and will take a mechanic approximately 20 hours 
to install at a burdened rate of $55 per hour, a total of $1,600 per 
affected airplane ($500 + (20 hours  x  $55 per hour) = $1,600). The 
weight penalty will be negligible. Only those future models that would 
not otherwise have anticollision light systems will actually incur 
incremental costs as a result of this provision.
    The increasing speeds resulting from improved technology, 
especially turbine engines, warrant the use of anticollision lights for 
day operations as well as night. The reports of midair collisions for 
1984 through 1990 document that 269 aircraft were involved in midair 
collisions in which 108 fatalities occurred. After data were filtered 
(to account for night operations, IFR conditions, and aircraft not 
affected by this rule), 167 airplanes were involved in collisions that 
occurred in daytime VFR conditions. The reports do not reveal whether 
the airplanes were using anticollision lights at the time of the 
accidents.
    The FAA holds that requiring the installation of anticollision 
lights on all newly certificated airplanes, and requiring their use 
during day operations (revised Sec. 91.209), will reduce the number of 
daylight midair accidents. Even if the requirement were 

[[Page 5164]]
only 25 percent effective, the accident history indicates that 
approximately 17 fatalities could be avoided during a similar 6-year 
period.

Section 23.1431  Electronic Equipment

    The final rule adds three new paragraphs to Sec. 23.1431. New 
paragraph (c) states that airplanes required to be operated by more 
than one flightcrew member must be evaluated to determine if the 
flightcrew members, when they are seated at their duty stations, can 
converse without difficulty under the actual cockpit noise conditions 
when the airplane is being operated. If the required evaluation shows 
that the noise level does not impair conversation, no further action 
would be required. If the evaluation shows that conversation would be 
difficult, however, an intercommunication system will be required.
    The FAA estimates that an evaluation of cockpit noise could be 
conducted in conjunction with other certification testing, therefore, 
no incremental costs are associated with the evaluation. An aerospace 
engineer could design an intercom system in 20 hours at a burdened rate 
of $60 per hour, for a total of $1,200 per affected certification. The 
FAA estimates that the addition of an intercom system will cost 
approximately $500 per airplane. A mechanic could install the system in 
approximately 20 hours at a burdened rate of $55 per hour. The total 
incremental production cost for an affected airplane, therefore, will 
be $1,600 ($500 + (20 hours  x  $55 per hour)).
    New paragraph (d) requires that, if the communication equipment 
that is installed includes any means of switching from the receive mode 
to the transmit mode, the equipment must use ``off-on'' transmitter 
switching that turns the transmitter off when it is not being used. The 
cost of this feature is included in the $500 cost of the intercom, 
described above.
    NTSB investigations of at least two commuter accidents determined 
that excessive cockpit noise levels probably adversely affected the 
ability of the flight crews to communicate. (Bar Harbor Airlines, 
Flight 1808, August 25, 1985, 8 fatalities; and Henson Airlines, Flight 
1517, September 23, 1985, 14 fatalities.) As a result, the Board 
recommended (Recommendation No. A-86-113) that the FAA require the 
installation and use of crew interphone systems in the cockpit of 
airplanes operating under part 135. The benefit of the new requirement 
derives from the increased likelihood that flightcrew members will be 
able to converse without difficulty and that the safety hazard of 
miscommunication will be reduced.

Section 23.1447  Equipment Standards for Oxygen Dispensing Units

    New Sec. 23.1447(a)(4) requires that if radio equipment is 
installed in an airplane, flightcrew oxygen dispensing units must be 
designed to allow use of the communication equipment when oxygen is 
being used.
    Industry sources estimate that an oxygen mask with an integral 
microphone costs $1,000 more than an oxygen mask without a microphone. 
The costs per affected airplane, therefore, will be $2,000 for two 
masks. The benefit of the requirement is that it will allow flightcrew 
communication under all operating conditions, including operations when 
oxygen is required.

Section 23.1453  Protection of Oxygen Equipment From Rupture

    This new section clarifies the rupture protection needed for oxygen 
system installation. Rupture protection for oxygen systems is currently 
required by the application of the structures load requirements of part 
23. The addition of Sec. 23.1453(a) clarifies the application of these 
load requirements and identifies the need to consider maximum 
temperatures and pressures that may be present. Section 23.1453(b) 
identifies the protection to be provided for oxygen pressure sources 
and the lines that connect these sources to the oxygen system shutoff 
valves.
    Industry sources estimate that an aerospace engineer could analyze 
and document the loads on each element of the oxygen system in 16 hours 
at a burdened rate of $60 per hour, for a total cost of $960. The 
routing of oxygen pressure sources and lines to protect them from 
unsafe temperatures and crash landings would be part of an airplane's 
basic design and will not impose incremental costs.

Section 91.209  Aircraft Lights

    New Sec. 91.209(b) requires airplanes equipped with an 
anticollision light system to operate those lights during all 
operations, including daytime VFR.
    The incremental cost of this provision consists of light bulb 
replacement. The FAA estimates that a light bulb for an anticollision 
light system costs approximately $50 and that this provision would 
necessitate an incremental bulb replacement every two years. 
Accordingly, the cost is projected to equal $25 per year, per affected 
operating airplane. The FAA holds that any grounding of an airplane due 
to a faulty bulb or light system will be rare and quickly corrected. 
The cost of such grounding will be negligible, when compared with the 
safety benefits of operating anticollision light systems.
    In summary, the FAA holds that the benefits of the rule, though not 
directly quantifiable, will exceed the expected costs. Each of the 
provisions, as well as the entire final rule, will be cost beneficial.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (RFA) was enacted by 
Congress to ensure that small entities are not unnecessarily or 
disproportionately burdened by Government regulations. The RFA requires 
a Regulatory Flexibility Analysis if a proposed or final rule would 
have a significant economic impact, either detrimental or beneficial, 
on a substantial number of small entities. FAA Order 2100.14A, 
Regulatory Flexibility Criteria and Guidance, establishes threshold 
cost values and small entity size standards for complying with RFA 
review requirements in FAA rulemaking actions. The Order defines 
``small entities'' in terms of thresholds, ``significant economic 
impact'' in terms of annualized costs thresholds, and ``substantial 
number'' as a number which is not less than eleven and which is more 
than one-third of the small entities subject to the proposed or final 
rule.
    Order 2100.14A specifies a size threshold for classification as a 
small manufacturer as 75 or fewer employees. There are approximately 8 
small part 23 airplane manufacturers. The annualized cost threshold for 
significant impact, expressed in 1995 dollars, is $18,700. No part 23 
airplane manufacturer's annualized cost will exceed this cost 
threshold.
    Order 2100.14A specifies a size threshold for classification as a 
small operator as 9 aircraft owned. The annualized cost threshold for 
significant impact, expressed in 1995 dollars, are $67,000 for air 
carriers whose fleet has a seating capacity of fewer than 60 and $4,700 
for an unscheduled operator. No part 23 airplane operator's annualized 
cost will exceed this cost threshold.
    The amendments in the final rule, therefore, will not have a 
significant economic impact on a substantial number of small entities.

Trade Impact Assessment

    The rule will not constitute a barrier to international trade, 
including the export of U.S. airplanes to foreign countries and the 
import of foreign airplanes into the United States. Instead, 

[[Page 5165]]
the systems airworthiness standards have been harmonized with those of 
the Joint Aviation Authorities and will result in cost savings to 
manufacturers in the United States and in JAA member countries.

Federalism Implications

    The regulations adopted herein do 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.

Conclusion

    The FAA is revising the airworthiness standards to provide systems 
and equipment standards for normal, utility, acrobatic, and commuter 
category airplanes that are substantively the same as the standards 
that will be proposed for the same category airplanes by the Joint 
Aviation Authorities in Europe. The revision will reduce the regulatory 
burden on the United States and European airplane manufacturers by 
relieving them of the need to show compliance with different standards 
each time they seek certification approval of an airplane in the United 
States or in a country that is a member of the JAA.
    For the reasons discussed in the preamble, and based on the 
findings in the Regulatory Evaluation, the FAA has determined that this 
regulation is significant under Executive Order 12866. In addition, the 
FAA certifies that this regulation, will not have a significant 
economic impact, positive or negative, on a substantial number of small 
entities under the criteria of the Regulatory Flexibility Act. This 
final rule is considered significant under DOT Regulatory Policies and 
Procedures (44 FR 11034, February 26, 1979). A regulatory evaluation of 
the rule has been placed in the docket. A copy may be obtained by 
contacting the person identified under FOR FURTHER INFORMATION CONTACT.

List of Subjects

14 CFR Part 23

    Aircraft, Aviation safety, Signs and symbols.

14 CFR Part 91

    Aircraft, Aviation safety, Safety.

The Amendment

    In consideration of the foregoing, the Federal Aviation 
Administration amends 14 CFR parts 23 and 91 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. 106(g), 40113, 44701, 44702, 44704.

    2. Section 23.677(a) is revised to read as follows:


Sec. 23.677  Trim systems.

    (a) Proper precautions must be taken to prevent inadvertent, 
improper, or abrupt trim tab operation. There must be means near the 
trim control to indicate to the pilot the direction of trim control 
movement relative to airplane motion. In addition, there must be means 
to indicate to the pilot the position of the trim device with respect 
to both the range of adjustment and, in the case of lateral and 
directional trim, the neutral position. This means must be visible to 
the pilot and must be located and designed to prevent confusion. The 
pitch trim indicator must be clearly marked with a position or range 
within which it has been demonstrated that take-off is safe for all 
center of gravity positions and each flap position approved for 
takeoff.
* * * * *
    3. A new Sec. 23.691 is added to read as follows:


Sec. 23.691  Artificial stall barrier system.

    If the function of an artificial stall barrier, for example, stick 
pusher, is used to show compliance with Sec. 23.201(c), the system must 
comply with the following:
    (a) With the system adjusted for operation, the plus and minus 
airspeeds at which downward pitching control will be provided must be 
established.
    (b) Considering the plus and minus airspeed tolerances established 
by paragraph (a) of this section, an airspeed must be selected for the 
activation of the downward pitching control that provides a safe margin 
above any airspeed at which any unsatisfactory stall characteristics 
occur.
    (c) In addition to the stall warning required Sec. 23.07, a warning 
that is clearly distinguishable to the pilot under all expected flight 
conditions without requiring the pilot's attention, must be provided 
for faults that would prevent the system from providing the required 
pitching motion.
    (d) Each system must be designed so that the artificial stall 
barrier can be quickly and positively disengaged by the pilots to 
prevent unwanted downward pitching of the airplane by a quick release 
(emergency) control that meets the requirements of Sec. 23.1329(b).
    (e) A preflight check of the complete system must be established 
and the procedure for this check made available in the Airplane Flight 
Manual (AFM). Preflight checks that are critical to the safety of the 
airplane must be included in the limitations section of the AFM.
    (f) For those airplanes whose design includes an autopilot system:
    (1) A quick release (emergency) control installed in accordance 
with Sec. 23.1329(b) may be used to meet the requirements of paragraph 
(d), of this section, and
    (2) The pitch servo for that system may be used to provide the 
stall downward pitching motion.
    (g) In showing compliance with Sec. 23.1309, the system must be 
evaluated to determine the effect that any announced or unannounced 
failure may have on the continued safe flight and landing of the 
airplane or the ability of the crew to cope with any adverse conditions 
that may result from such failures. This evaluation must consider the 
hazards that would result from the airplane's flight characteristics if 
the system was not provided, and the hazard that may result from 
unwanted downward pitching motion, which could result from a failure at 
airspeeds above the selected stall speed.
    4. Section 23.697(c) is added to read as follows:


Sec. 23.697  Wing flap controls

* * * * *
    (c) If compliance with Sec. 23.145(b)(3) necessitates wing flap 
retraction to positions that are not fully retracted, the wing flap 
control lever settings corresponding to those positions must be 
positively located such that a definite change of direction of movement 
of the lever is necessary to select settings beyond those settings.
    5. Section 23.701 is amended by revising paragraphs (a)(1) and 
(a)(2) to read as follows:


Sec. 23.701  Flap interconnection.

    (a) * * *
    (1) Be synchronized by a mechanical interconnection between the 
movable flap surfaces that is independent of the flap drive system; or 
by an approved equivalent means; or
    (2) Be designed so that the occurrence of any failure of the flap 
system that would result in an unsafe flight 

[[Page 5166]]
characteristic of the airplane is extremely improbable; or
* * * * *
    6. A new Sec. 23.703 is added to read as follows:


Sec. 23.703  Takeoff warning system.

    For commuter category airplanes, unless it can be shown that a lift 
or longitudinal trim device that affects the takeoff performance of the 
aircraft would not give an unsafe takeoff configuration when selection 
out of an approved takeoff position, a takeoff warning system must be 
installed and meet the following requirements:
    (a) The system must provide to the pilots an aural warning that is 
automatically activated during the initial portion of the takeoff role 
if the airplane is in a configuration that would not allow a safe 
takeoff. The warning must continue until--
    (1) The configuration is changed to allow safe takeoff, or
    (2) Action is taken by the pilot to abandon the takeoff roll.
    (b) The means used to activate the system must function properly 
for all authorized takeoff power settings and procedures and throughout 
the ranges of takeoff weights, altitudes, and temperatures for which 
certification is requested.


Sec. 23.723  [Amended]

    7. Section 23.723(b) is amended by changing the word ``reserved'' 
to ``reserve''.
    8. Section 23.729 is amended by revising paragraph (e) and by 
adding a new paragraph (g) to read as follows:


Sec. 23.729  Landing gear extension and retraction system.

* * * * *
    (e) Position indicator. If a retractable landing gear is used, 
there must be a landing gear position indicator (as well as necessary 
switches to actuate the indicator) or other means to inform the pilot 
that each gear is secured in the extended (or retracted) position. If 
switches are used, they must be located and coupled to the landing gear 
mechanical system in a manner that prevents an erroneous indication of 
either ``down and locked'' if each gear is not in the fully extended 
position, or ``up and locked'' if each landing gear is not in the fully 
retracted position.
* * * * *
    (g) Equipment located in the landing gear bay. If the landing gear 
bay is used as the location for equipment other than the landing gear, 
that equipment must be designed and installed to minimize damage from 
items such as a tire burst, or rocks, water, and slush that may enter 
the landing gear bay.
    9. Section 23.735 is amended by redesignating paragraph (c) as 
paragraph (d), by revising the introductory text of paragraph (a), and 
by adding new paragraphs (c) and (e) to read as follows:


Sec. 23.735  Brakes.

    (a) Brakes must be provided. The landing brake kinetic energy 
capacity rating of each main wheel brake assembly must not be less than 
the kinetic energy absorption requirements determined under either of 
the following methods:
* * * * *
    (c) During the landing distance determination required by 
Sec. 23.75, the pressure on the wheel braking system must not exceed 
the pressure specified by the brake manufacturer.
* * * * *
    (e) In addition, for commuter category airplanes, the rejected 
takeoff brake kinetic energy capacity rating of each main wheel brake 
assembly must not be less than the kinetic energy absorption 
requirements determined under either of the following methods--
    (1) The brake kinetic energy absorption requirements must be based 
on a conservative rational analysis of the sequence of events expected 
during a rejected takeoff at the design takeoff weight.
    (2) Instead of a rational analysis, the kinetic energy absorption 
requirements for each main wheel brake assembly may be derived from the 
following formula--

KE=0.0443 WV\2\N

where,
KE=Kinetic energy per wheel (ft.-lbs.);
W=Design takeoff weight (lbs.);
V=Ground speed, in knots, associated with the maximum value of V1 
selected in accordance with Sec. 23.51(c)(1);
N=Number of main wheels with brakes.

    10. A new Sec. 23.745 is added to read as follows:


Sec. 23.745  Nose/tail wheel steering.

    (a) If nose/tail wheel steering is installed, it must be 
demonstrated that its use does not require exceptional pilot skill 
during takeoff and landing, in crosswinds, or in the event of an engine 
failure; or its use must be limited to low speed maneuvering.
    (b) Movement of the pilot's steering control must not interfere 
with the retraction or extension of the landing gear.
    11. Section 23.775 is amended by revising paragraphs (a) and (c); 
by redesignating paragraphs (d) and (e) as paragraphs (e) and (d); by 
revising the newly designated paragraph (e); and by adding a new 
paragraph (h) to read as follows:


Sec. 23.775  Windshields and windows.

    (a) The internal panels of windshields and windows must be 
constructed of a nonsplintering material, such as nonsplintering safety 
glass.
* * * * *
    (c) On pressurized airplanes, if certification for operation up to 
and including 25,000 feet is requested, an enclosure canopy including a 
representative part of the installation must be subjected to special 
tests to account for the combined effects of continuous and cyclic 
pressurization loadings and flight loads, or compliance with the fail-
safe requirements of paragraph (d) of this section must be shown.
* * * * *
    (e) The windshield and side windows forward of the pilot's back 
when the pilot is seated in the normal flight position must have a 
luminous transmittance value of not less than 70 percent.
* * * * *
    (h) In addition, for commuter category airplanes, the following 
applies:
    (1) Windshield panes directly in front of the pilots in the normal 
conduct of their duties, and the supporting structures for these panes, 
must withstand, without penetration, the impact of a two-pound bird 
when the velocity of the airplane (relative to the bird along the 
airplane's flight path) is equal to the airplane's maximum approach 
flap speed.
    (2) The windshield panels in front of the pilots must be arranged 
so that, assuming the loss of vision through any one panel, one or more 
panels remain available for use by a pilot seated at a pilot station to 
permit continued safe flight and landing.
    12. Section 23.783 is amended by revising paragraph (b) and by 
adding a new paragraph (g) to read as follows:


Sec. 23.783  Doors.

* * * * *
    (b) Passenger doors must not be located with respect to any 
propeller disk or any other potential hazard so as to endanger persons 
using the door.
* * * * *
    (g) If lavatory doors are installed, they must be designed to 
preclude an occupant from becoming trapped inside the lavatory. If a 
locking mechanism is installed, it must be capable of being unlocked 
from outside of the lavatory.

[[Page 5167]]

    13. Section 23.785 is amended by adding introductory text and by 
revising paragraphs (b) and (c) to read as follows:


Sec. 23.785  Seats, berths, litters, safety belts and shoulder 
harnesses.

    There must be a seat or berth for each occupant that meets the 
following:
* * * * *
    (b) Each forward-facing or aft-facing seat/restraint system in 
normal, utility, or acrobatic category airplanes must consist of a 
seat, a safety belt, and a shoulder harness, with a metal-to-metal 
latching device, that are designed to provide the occupant protection 
provisions required in Sec. 23.562. Other seat orientations must 
provide the same level of occupant protection as a forward-facing or 
aft-facing seat with a safety belt and a shoulder harness, and must 
provide the protection provisions of Sec. 23.562.
    (c) For commuter category airplanes, each seat and the supporting 
structure must be designed for occupants weighing at least 170 pounds 
when subjected to the inertia loads resulting from the ultimate static 
load factors prescribed in Sec. 23.561(b)(2) of this part. Each 
occupant must be protected from serious head injury when subjected to 
the inertia loads resulting from these load factors by a safety belt 
and shoulder harness, with a metal-to-metal latching device, for the 
front seats and a safety belt, or a safety belt and shoulder harness, 
with a metal-to-metal latching device, for each seat other than the 
front seats.
* * * * *
    14. Section 23.787 is revised to read as follows:


Sec. 23.787  Baggage and cargo compartments.

    (a) Each baggage and cargo compartment must:
    (1) Be designed for its placarded maximum weight of contents and 
for the critical load distributions at the appropriate maximum load 
factors corresponding to the flight and ground load conditions of this 
part.
    (2) Have means to prevent the contents of any compartment from 
becoming a hazard by shifting, and to protect any controls, wiring, 
lines, equipment or accessories whose damage or failure would affect 
safe operations.
    (3) Have a means to protect occupants from injury by the contents 
of any compartment, located aft of the occupants and separated by 
structure, when the ultimate forward inertial load factor is 9g and 
assuming the maximum allowed baggage or cargo weight for the 
compartment.
    (b) Designs that provide for baggage or cargo to be carried in the 
same compartment as passengers must have a means to protect the 
occupants from injury when the baggage or cargo is subjected to the 
inertial loads resulting from the ultimate static load factors of 
Sec. 23.561(b)(3), assuming the maximum allowed baggage or cargo weight 
for the compartment.
    (c) For airplanes that are used only for the carriage of cargo, the 
flightcrew emergency exits must meet the requirements of Sec. 23.807 
under any cargo loading conditions.
    15. A new Sec. 23.791 is added to read as follows:


Sec. 23.791  Passenger information signs.

    For those airplanes in which the flightcrew members cannot observe 
the other occupants' seats or where the flightcrew members' compartment 
is separated from the passenger compartment, there must be at least one 
illuminated sign (using either letters or symbols) notifying all 
passengers when seat belts should be fastened. Signs that notify when 
seat belts should be fastened must:
    (a) When illuminated, be legible to each person seated in the 
passenger compartment under all probable lighting conditions; and
    (b) Be installed so that a flightcrew member can, when seated at 
the flightcrew member's station, turn the illumination on and off.
    16. Section 23.807 is amended by revising paragraphs (b) 
introductory text and (b)(5) and by adding new paragraphs (a)(4) and 
(b)(6) to read as follows:


Sec. 23.807  Emergency exits.

    (a) * * *
    (4) Emergency exits must not be located with respect to any 
propeller disk or any other potential hazard so as to endanger persons 
using that exit.
    (b) Type and operation. Emergency exits must be movable windows, 
panels, canopies, or external doors, openable from both inside and 
outside the airplane, that provide a clear and unobstructed opening 
large enough to admit a 19-by-26-inch ellipse. Auxiliary locking 
devices used to secure the airplane must be designed to be overridden 
by the normal internal opening means. The inside handles of emergency 
exits that open outward must be adequately protected against 
inadvertent operation. In addition, each emergency exit must--
* * * * *
    (5) In the case of acrobatic category airplanes, allow each 
occupant to abandon the airplane at any speed between VSO and 
VD; and
    (6) In the case of utility category airplanes certificated for 
spinning, allow each occupant to abandon the airplane at the highest 
speed likely to be achieved in the maneuver for which the airplane is 
certificated.
* * * * *


Sec. 23.841  [Amended]

    17. Section 23.841 is amended in paragraph (a) by removing the 
number ``31,000'' and replacing it with ``25,000''.
    18. Section 23.853 is amended by revising the section heading to 
read as follows:


Sec. 23.853  Passenger and crew compartment interiors.

* * * * *
    19. A new Sec. 23.855 is added to read as follows:


Sec. 23.855  Cargo and baggage compartment fire protection.

    (a) Sources of heat within each cargo and baggage compartment that 
are capable of igniting the compartment contents must be shielded and 
insulated to prevent such ignition.
    (b) Each cargo and baggage compartment must be constructed of 
materials that meet the appropriate provisions of Sec. 23.853(d)(3).
    (c) In addition, for commuter category airplanes, each cargo and 
baggage compartment must:
    (1) Be located where the presence of a fire would be easily 
discovered by the pilots when seated at their duty station, or it must 
be equipped with a smoke or fire detector system to give a warning at 
the pilots' station, and provide sufficient access to enable a pilot to 
effectively reach any part of the compartment with the contents of a 
hand held fire extinguisher, or
    (2) Be equipped with a smoke or fire detector system to give a 
warning at the pilots' station and have ceiling and sidewall liners and 
floor panels constructed of materials that have been subjected to and 
meet the 45 degree angle test of Appendix F of this part. The flame may 
not penetrate (pass through) the material during application of the 
flame or subsequent to its removal. The average flame time after 
removal of the flame source may not exceed 15 seconds, and the average 
glow time may not exceed 10 seconds. The compartment must be 
constructed to provide fire protection that is not less than that 
required of its individual panels; or
    (3) Be constructed and sealed to contain any fire within the 
compartment.

[[Page 5168]]

    20. Section 23.867 is amended by revising the heading that precedes 
the section and the section heading to read as follows:

Electrical Bonding and Lighting Protection


Sec. 23.867  Electrical bonding and protection against lightning and 
static electricity.

* * * * *
    21. Section 23.1303 is amended by revising the introductory text; 
by amending paragraph (d) by inserting the words ``reciprocating 
engine-powered airplanes of more than 6,000 pounds maximum weight and'' 
between the words ``For'' and ``turbine''; by amending paragraph (e) 
concluding text by adding a line to read, ``The lower limit of the 
warning device must be set to minimize nuisance warning;'' at the end 
of the paragraph and by adding new paragraphs (f) and (g) to read as 
follows:


Sec. 23.1303  Flight and navigation instruments.

    The following are the minimum required flight and navigation 
instruments:
* * * * *
    (f) When an attitude display is installed, the instrument design 
must not provide any means, accessible to the flightcrew, of adjusting 
the relative positions of the attitude reference symbol and the horizon 
line beyond that necessary for parallax correction.
    (g) In addition, for commuter category airplanes:
    (1) If airspeed limitations vary with altitude, the airspeed 
indicator must have a maximum allowable airspeed indicator showing the 
variation of VMO with altitude.
    (2) The altimeter must be a sensitive type.
    (3) Having a passenger seating configuration of 10 or more, 
excluding the pilot's seats and that are approved for IFR operations, a 
third attitude instrument must be provided that:
    (i) Is powered from a source independent of the electrical 
generating system;
    (ii) Continues reliable operation for a minimum of 30 minutes after 
total failure of the electrical generating system;
    (iii) Operates independently of any other attitude indicating 
system;
    (iv) Is operative without selection after total failure of the 
electrical generating system;
    (v) Is located on the instrument panel in a position acceptable to 
the Administrator that will make it plainly visible to and usable by 
any pilot at the pilot's station; and
    (vi) Is appropriately lighted during all phases of operation.


Sec. 23.1307  [Amended]

    22. Section 23.1307 is amended by removing paragraphs (a) and (b); 
and by removing the designation from paragraph (c).
    23. Section 23.1309(a)(4) is added to read as follows:


Sec. 23.1309  Equipment, systems, and installations.

    (a) * * *
    (4) In a commuter category airplane, must be designed to safeguard 
against hazards to the airplane in the event of their malfunction or 
failure.
* * * * *
    24. Section 23.1311 is revised to read as follows:


Sec. 23.1311  Electronic display instrument systems.

    (a) Electronic display indicators, including those with features 
that make isolation and independence between powerplant instrument 
systems impractical, must:
    (1) Meet the arrangement and visibility requirements of 
Sec. 23.1321.
    (2) Be easily legible under all lighting conditions encountered in 
the cockpit, including direct sunlight, considering the expected 
electronic display brightness level at the end of an electronic display 
indictor's useful life. Specific limitations on display system useful 
life must be contained in the Instructions for Continued Airworthiness 
required by Sec. 23.1529.
    (3) Not inhibit the primary display of attitude, airspeed, 
altitude, or powerplant parameters needed by any pilot to set power 
within established limitations, in any normal mode of operation.
    (4) Not inhibit the primary display of engine parameters needed by 
any pilot to properly set or monitor powerplant limitations during the 
engine starting mode of operation.
    (5) Have an independent magnetic direction indicator and either an 
independent secondary mechanical altimeter, airspeed indicator, and 
attitude instrument or individual electronic display indicators for the 
altitude, airspeed, and attitude that are independent from the 
airplane's primary electrical power system. These secondary instruments 
may be installed in panel positions that are displaced from the primary 
positions specified by Sec. 23.1321(d), but must be located where they 
meet the pilot's visibility requirements of Sec. 23.1321(a).
    (6) Incorporate sensory cues for the pilot that are equivalent to 
those in the instrument being replaced by the electronic display 
indicators.
    (7) Incorporate visual displays of instrument markings, required by 
Secs. 23.1541 through 23.1553, or visual displays that alert the pilot 
to abnormal operational values or approaches to established limitation 
values, for each parameter required to be displayed by this part.
    (b) The electronic display indicators, including their systems and 
installations, and considering other airplane systems, must be designed 
so that one display of information essential for continued safe flight 
and landing will remain available to the crew, without need for 
immediate action by any pilot for continued safe operation, after any 
single failure or probable combination of failures.
    (c) As used in this section, ``instrument'' includes devices that 
are physically contained in one unit, and devices that are composed of 
two or more physically separate units or components connected together 
(such as a remote indicating gyroscopic direction indicator that 
includes a magnetic sensing element, a gyroscopic unit, an amplifier, 
and an indicator connected together). As used in this section, 
``primary'' display refers to the display of a parameter that is 
located in the instrument panel such that the pilot looks at it first 
when wanting to view that parameter.


Sec. 23.1321  [Amended]

    25. Section 23.1321 is amended by removing the words ``certificated 
for flight under instrument flight rules or of more than 6,000 pounds 
maximum weight'' from paragraph (d) introductory text.
    26. Section 23.1323 is amended by removing paragraph (d); 
redesignating paragraph (e) as (d) and paragraph (c) as (e); by 
removing the words ``in flight and'' from the first sentence of 
redesignated paragraph (e); and by adding new paragraphs (c) and (f) to 
read as follows:


Sec. 23.1323  Airspeed indicating system.

* * * * *
    (c) The design and installation of each airspeed indicating system 
must provide positive drainage of moisture from the pitot static 
plumbing.
* * * * *
    (f) For commuter category airplanes, where duplicate airspeed 
indicators are required, their respective pitot tubes must be far 
enough apart to avoid damage to both tubes in a collision with a bird.

[[Page 5169]]



Sec. 23.1325  [Amended]

    27. Section 23.1325 is amended by inserting the words ``or icing'' 
between the words ``meteorological'' and ``conditions'' in paragraph 
(g).
    28. A new Sec. 23.1326 is added to read as follows:


Sec. 23.1326  Pitot heat indication systems.

    If a flight instrument pitot heating system is installed to meet 
the requirements specified in Sec. 23.1323(d), an indication system 
must be provided to indicate to the flight crew when that pitot heating 
system is not operating. The indication system must comply with the 
following requirements:
    (a) The indication provided must incorporate an amber light that is 
in clear view of a flightcrew member.
    (b) The indication provided must be designed to alert the flight 
crew if either of the following conditions exist:
    (1) The pitot heating system is switched ``off.''
    (2) The pitot heating system is switched ``on'' and any pitot tube 
heating element is inoperative.


Sec. 23.1329  [Amended]

    29. Section 23.1329(b) is amended by adding the parenthetical 
phrase ``(both stick controls, if the airplane can be operated from 
either pilot seat)'' between the words, ``or on the stick control,'' 
and the word ``such''.
    30. Section 23.1337 is amended by revising the section heading, by 
revising the introductory text of paragraph (b), by redesignating 
paragraphs (b)(4) and (b)(5) as paragraph (b)(5) and (b)(6), 
respectively, and by adding a new paragraph (b)(4) to read as follows:


Sec. 23.1337  Powerplant instruments installation.

* * * * *
    (b) Fuel quantity indication. There must be a means to indicate to 
the flightcrew members the quantity of usable fuel in each tank during 
flight. An indicator calibrated in appropriate units and clearly marked 
to indicate those units must be used. In addition:
* * * * *
    (4) There must be a means to indicate the amount of usable fuel in 
each tank when the airplane is on the ground (such as by a stick 
gauge);
* * * * *
    31. Section 23.1351 is amended by removing paragraph (b)(4), by 
redesignating paragraph (b)(5) as (b)(4), by adding a sentence to the 
end of paragraph (f) that reads, ``The external power connection must 
be located so that its use will not result in a hazard to the airplane 
or ground personnel'', and by revising paragraphs (b)(2), (b)(3), and 
(c)(3) to read as follows:


Sec. 23.1351  General.

* * * * *
    (b) * * *
    (2) Electric power sources must function properly when connected in 
combination or independently.
    (3) No failure or malfunction of any electric power source may 
impair the ability of any remaining source to supply load circuits 
essential for safe operation.
* * * * *
    (c) * * *
    (3) Automatic means must be provided to prevent damage to any 
generator/alternator and adverse effects on the airplane electrical 
system due to reverse current. A means must also be provided to 
disconnect each generator/alternator from the battery and other 
generators/alternators.
* * * * *
    32. Section 23.1353(h) is added to read as follows:


Sec. 23.1353  Storage battery design and installation.

* * * * *
    (h) In the event of a complete loss of the primary electrical power 
generating system, the battery must be capable of providing at least 30 
minutes of electrical power to those loads that are essential to 
continued safe flight and landing. The 30 minute time period includes 
the time needed for the pilots to recognize the loss of generated power 
and take appropriate load shedding action.
    33. A new Sec. 23.1359 is added to read as follows:


Sec. 23.1359  Electrical system fire protection.

    (a) Each component of the electrical system must meet the 
applicable fire protection requirements of Secs. 23.863 and 23.1182.
    (b) Electrical cables, terminals, and equipment in designated fire 
zones that are used during emergency procedures must be fire-resistant.
    (c) Insulation on electrical wire and electrical cable must be 
self-extinguishing when tested at an angle of 60 degrees in accordance 
with the applicable portions of Appendix F of this part, or other 
approved equivalent methods. The average burn length must not exceed 3 
inches (76 mm) and the average flame time after removal of the flame 
source must not exceed 30 seconds. Drippings from the test specimen 
must not continue to flame for more than an average of 3 seconds after 
falling.


Sec. 23.1361  [Amended]

    34. Section 23.1361(c) is amended by removing the last two words 
``in flight''.
    35. Section 23.1365 is amended by revising paragraph (b) and by 
adding new paragraphs (d), (e), and (f) to read as follows:


Sec. 23.1365  Electrical cables and equipment.

* * * * *
    (b) Any equipment that is associated with any electrical cable 
installation and that would overheat in the event of circuit overload 
or fault must be flame resistant. That equipment and the electrical 
cables must not emit dangerous quantities of toxic fumes.
* * * * *
    (d) Means of identification must be provided for electrical cables, 
terminals, and connectors.
    (e) Electrical cables must be installed such that the risk of 
mechanical damage and/or damage cased by fluids vapors, or sources of 
heat, is minimized.
    (f) Where a cable cannot be protected by a circuit protection 
device or other overload protection, it must not cause a fire hazard 
under fault conditions.
    36. Section 23.1383 is revised to read as follows:


Sec. 23.1383  Taxi and landing lights.

    Each taxi and landing light must be designed and installed so that:
    (a) No dangerous glare is visible to the pilots.
    (b) The pilot is not seriously affected by halation.
    (c) It provides enough light for night operations.
    (d) It does not cause a fire hazard in any configuration.
    37. Section 23.1401 is amended by revising the introductory text of 
paragraph (a) to read as follows:


Sec. 23.1401  Anticollision light system.

    (a) General. The airplane must have an anticollision light system 
that:
* * * * *


Sec. 23.1413  [Amended]

    38. Section 23.1413 is removed.
    39. Section 23.1431 is amended by adding new paragraphs (c), (d), 
and (e) to read as follows:


Sec. 23.1431  Electronic equipment.

* * * * *
    (c) For those airplanes required to have more than one flightcrew 
member, or whose operation will require more than one flightcrew 
member, the cockpit must be evaluated to determine if the flightcrew 
members, when seated at their duty station, can converse without 
difficulty under the actual cockpit noise conditions when the airplane 
is being 

[[Page 5170]]
operated. If the airplane design includes provision for the use of 
communication headsets, the evaluation must also consider conditions 
where headsets are being used. If the evaluation shows conditions under 
which it will be difficult to converse, an intercommunication system 
must be provided.
    (d) If installed communication equipment includes transmitter 
``off-on'' switching, that switching means must be designed to return 
from the ``transmit'' to the ``off'' position when it is released and 
ensure that the transmitter will return to the off (non transmitting) 
state.
    (e) If provisions for the use of communication headsets are 
provided, it must be demonstrated that the flightcrew members will 
receive all aural warnings under the actual cockpit noise conditions 
when the airplane is being operated when any headset is being used.
    40. Section 23.1435(c) is revised to read as follows:


Sec. 23.1435  Hydraulic systems.

* * * * *
    (c) Accumulators. A hydraulic accumulator or reservoir may be 
installed on the engine side of any firewall if--
    (1) It is an integral part of an engine or propeller system, or
    (2) The reservoir is nonpressurized and the total capacity of all 
such nonpressurized reservoirs is one quart or less.
    41. Section 23.1447 is amended by revising paragraphs (d) and (e) 
and by adding a new paragraph (a)(4) to read as follows:


Sec. 23.1447  Equipment standards for oxygen dispensing units.

* * * * *
    (a) * * *
    (4) If radio equipment is installed, the flightcrew oxygen 
dispensing units must be designed to allow the use of that equipment 
and to allow communication with any other required crew member while at 
their assigned duty station.
* * * * *
    (d) For a pressurized airplane designed to operate at flight 
altitudes above 25,000 feet (MSL), the dispensing units must meet the 
following:
    (1) The dispensing units for passengers must be connected to an 
oxygen supply terminal and be immediately available to each occupant 
wherever seated.
    (2) The dispensing units for crewmembers must be automatically 
presented to each crewmember before the cabin pressure altitude exceeds 
15,000 feet, or the units must be of the quick-donning type, connected 
to an oxygen supply terminal that is immediately available to 
crewmembers at their station.
    (e) If certification for operation above 30,000 feet is requested, 
the dispensing units for passengers must be automatically presented to 
each occupant before the cabin pressure altitude exceeds 15,000 feet.
* * * * *
    42. A new Sec. 23.1451 is added to read as follows:


Sec. 23.1451  Fire protection for oxygen equipment.

    Oxygen equipment and lines must:
    (a) Not be installed in any designed fire zones.
    (b) Be protected from heat that may be generated in, or escape 
from, any designated fire zone.
    (c) Be installed so that escaping oxygen cannot come in contact 
with and cause ignition of grease, fluid, or vapor accumulations that 
are present in normal operation or that may result from the failure or 
malfunction of any other system.
    43. A new Sec. 23.1453 is added to read as follows:


Sec. 23.1453  Protection of oxygen equipment from rupture.

    (a) Each element of the oxygen system must have sufficient strength 
to withstand the maximum pressure and temperature, in combination with 
any externally applied loads arising from consideration of limit 
structural loads, that may be acting on that part of the system.
    (b) Oxygen pressure sources and the lines between the source and 
the shutoff means must be:
    (1) Protected from unsafe temperatures; and
    (2) Located where the probability and hazard of rupture in a crash 
landing are minimized.
    44. Section 23.1461(a) is revised to read as follows:


Sec. 23.1461  Equipment containing high energy rotors.

    (a) Equipment, such as Auxiliary Power Units (APU) and constant 
speed drive units, containing high energy rotors must meet paragraphs 
(b), (c), or (d) of this section.
* * * * *
    45. Appendix F to part 23 is amended by revising the introductory 
paragraph, by amending paragraph (c) to change the reference from 
paragraph (e) to paragraph (g), by amending paragraph (d) to change the 
reference from paragraph (f) to paragraph (h), by redesignating current 
paragraph (f) as paragraph (h), and by revising paragraph (b) and 
adding new paragraphs (f) and (g) to read as follows:

Appendix F To Part 23 Test Procedure

    Acceptable test procedure for self-extinguishing materials for 
showing compliance with Secs. 23.853, 23.855 and 23.1359.
* * * * *
    (b) Specimen configuration. Except as provided for materials 
used in electrical wire and cable insulation and in small parts, 
materials must be tested either as a section cut from a fabricated 
part as installed in the airplane or as a specimen simulating a cut 
section, such as: a specimen cut from a flat sheet of the material 
or a model of the fabricated part. The specimen may be cut from any 
location in a fabricated part; however, fabricated units, such as 
sandwich panels, may not be separated for a test. The specimen 
thickness must be no thicker than the minimum thickness to be 
qualified for use in the airplane, except that: (1) Thick foam 
parts, such as seat cushions, must be tested in \1/2\ inch 
thickness; (2) when showing compliance with Sec. 23.853(d)(3)(v) for 
materials used in small parts that must be tested, the materials 
must be tested in no more than \1/8\ inch thickness; (3) when 
showing compliance with Sec. 23.1359(c) for materials used in 
electrical wire and cable insulation, the wire and cable specimens 
must be the same size as used in the airplane. In the case of 
fabrics, both the warp and fill direction of the weave must be 
tested to determine the most critical flammability conditions. When 
performing the tests prescribed in paragraphs (d) and (e) of this 
appendix, the specimen must be mounted in a metal frame so that (1) 
in the vertical tests of paragraph (d) of this appendix, the two 
long edges and the upper edge are held securely; (2) in the 
horizontal test of paragraph (e) of this appendix, the two long 
edges and the edge away from the flame are held securely; (3) the 
exposed area of the specimen is at least 2 inches wide and 12 inches 
long, unless the actual size used in the airplane is smaller; and 
(4) the edge to which the burner flame is applied must not consist 
of the finished or protected edge of the specimen but must be 
representative of the actual cross section of the material or part 
installed in the airplane. When performing the test prescribed in 
paragraph (f) of this appendix, the specimen must be mounted in 
metal frame so that all four edges are held securely and the exposed 
area of the specimen is at least 8 inches by 8 inches.
* * * * *
    (f) Forty-five degree test. A minimum of three specimens must be 
tested and the results averaged. The specimens must be supported at 
an angle of 45 degrees to a horizontal surface. The exposed surface 
when installed in the aircraft must be face down for the test. The 
specimens must be exposed to a Bunsen or Tirrill burner with a 
nominal \3/8\ inch I.D. tube adjusted to give a flame of 1\1/2\ 
inches in height. The minimum flame temperature measured by a 
calibrated thermocouple pyrometer in the center of the 

[[Page 5171]]
flame must be 1550 deg.F. Suitable precautions must be taken to avoid 
drafts. The flame must be applied for 30 seconds with one-third 
contacting the material at the center of the specimen and then 
removed. Flame time, glow time, and whether the flame penetrates 
(passes through) the specimen must be recorded.
    (g) Sixty-degree test. A minimum of three specimens of each wire 
specification (make and size) must be tested. The specimen of wire 
or cable (including insulation) must be placed at an angle of 60 
degrees with the horizontal in the cabinet specified in paragraph 
(c) of this appendix, with the cabinet door open during the test or 
placed within a chamber approximately 2 feet high  x  1 foot  x  1 
foot, open at the top and at one vertical side (front), that allows 
sufficient flow of air for complete combustion but is free from 
drafts. The specimen must be parallel to and approximately 6 inches 
from the front of the chamber. The lower end of the specimen must be 
held rigidly clamped. The upper end of the specimen must pass over a 
pulley or rod and must have an appropriate weight attached to it so 
that the specimen is held tautly throughout the flammability test. 
The test specimen span between lower clamp and upper pulley or rod 
must be 24 inches and must be marked 8 inches from the lower end to 
indicate the central point for flame application. A flame from a 
Bunsen or Tirrill burner must be applied for 30 seconds at the test 
mark. The burner must be mounted underneath the test mark on the 
specimen, perpendicular to the specimen and at an angle of 30 
degrees to the vertical plane of the specimen. The burner must have 
a nominal bore of three-eighths inch, and must be adjusted to 
provide a three-inch-high flame with an inner cone approximately 
one-third of the flame height. The minimum temperature of the 
hottest portion of the flame, as measured with a calibrated 
thermocouple pyrometer, may not be less than 1,750  deg.F. The 
burner must be positioned so that the hottest portion of the flame 
is applied to the test mark on the wire. Flame time, burn length, 
and flaming time drippings, if any, must be recorded. The burn 
length determined in accordance with paragraph (h) of this appendix 
must be measured to the nearest one-tenth inch. Breaking of the wire 
specimen is not considered a failure.
* * * * *

PART 91--GENERAL OPERATING AND FLIGHT RULES

    46. The authority citation for part 91 continues to read as 
follows:

    Authority: 49 U.S.C. 1301(7), 1303, 1344, 1348, 1352 through 
1355, 1401, 1421 through 1431, 1471, 1472, 1502, 1510, 1522, and 
2121 through 2125; Articles 12, 29, 21, and 32(a) of the Convention 
on International Civil Aviation (61 Stat. 1180); 42 U.S.C. 4321 et 
seq.; E.O. 11514; 49 U.S.C. 106(g).

    47. Section 91.205 is amended by redesignating paragraphs (b)(11) 
through (b)(16) as paragraphs (b)(12) through (b)(17), respectively, 
and by adding a new paragraph (b)(11) to read as follows:


Sec. 91.205  Powered civil aircraft with standard category U.S. 
airworthiness certificates: Instrument and equipment requirements.

* * * * *
    (b) * * *
    (11) For small civil airplanes certificated after March 11, 1996, 
in accordance with part 23 of this chapter, an approved aviation red or 
aviation white anticollision light system. In the event of failure of 
any light of the anticollision light system, operation of the aircraft 
may continue to a location where repairs or replacement can be made.
* * * * *
    48. Section 91.209 is revised to read as follows:


Sec. 91.209  Aircraft lights.

    No person may:
    (a) During the period from sunset to sunrise (or, in Alaska, during 
the period a prominent unlighted object cannot be seen from a distance 
of 3 statute miles or the sun is more than 6 degrees below the 
horizon)--
    (1) Operate an aircraft unless it has lighted position lights;
    (2) Park or move an aircraft in, or in dangerous proximity to, a 
night flight operations area of an airport unless the aircraft--
    (i) Is clearly illuminated;
    (ii) Has lighted position lights; or
    (iii) is in an area that is marked by obstruction lights;
    (3) Anchor an aircraft unless the aircraft--
    (i) Has lighted anchor lights; or
    (ii) Is in an area where anchor lights are not required on vessels; 
or
    (b) Operate an aircraft that is equipped with an anticollision 
light system, unless it has lighted anticollision lights. However, the 
anticollision lights need not be lighted when the pilot-in-command 
determines that, because of operating conditions, it would be in the 
interest of safety to turn the lights off.

    Issued in Washington DC, on January 29, 1996.
David R. Hinson,
Administrator.
[FR Doc. 96-2083 Filed 2-8-96; 8:45 am]
BILLING CODE 4910-13-M