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CFR Final Rule
 Federal Register Information
 Header Information
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 23
[Docket No. 4080; Amendment No. 23-0]
Airworthiness Standards: Normal, Utility, and Acrobatic Category Airplanes [New]
Preamble Information
AGENCY: Federal Aviation Administration, DOT
ACTION: Final Rule
SUMMARY: This amendment adds Part 33 [New] to the Federal Aviation regulations to replace Part 3 of the Civil Air Regulations and is a part of the Agency recodification program announced in Draft Release 61-25, published in the Federal Register on November 15, 1961 (26 F.R. 10698).
EFFECTIVE DATE: This rule becomes effective February 1, 1965.
SUPPLEMENTARY INFORMATION:
Part 23 [New] was published as a notice of proposed rule making in the Federal Register on April 14, 1964 (29 F.R. 5111), and given further distribution as Notice No. 64-17.
During the life of the recodification project, Chapter I of Title 14 may contain more than one part bearing the same number. To differentiate between the two, the recodified parts, such as this one, will be labeled "[New]". The label will of course be dropped at the completion of the project as all of the regulations will be new.
Many of the comments received recommended specific substantive changes to the regulations. Although many of the recommendations appear to be meritorious, they cannot be adopted as a part of the recodification program. The purpose of the program is simply to streamline and clarify present regulatory language and delete obsolete or redundant provisions. To attempt substantive changes, other than relaxatory ones that are completely noncontroversial, would delay the project and be contrary to the ground rules specified for it in Draft Release 61-25. However, we recognize that an overall substantive review of the Part is long overdue. This review is now being undertaken and all substantive comments received are being carefully studied.
Present CAR Part 3 reflects the various writing styles used by those who have worked on it in the past. The recodification has allowed us to use one style throughout Part 23 [New]. The style changes that have been made do not affect substance. They have been made to ensure consistency in language throughout the new Federal Aviation Regulations, thereby making them easier to understand and apply. Part 23 [New] substitutes the word "must" for "shall". This has been done to reflect the fact that airworthiness standards are simply conditions precedent that are required to be met for the issue of a type certificate. The imperative "shall" would be inappropriate in this case. The failure to meet the standards simply results in a denial of the issue of the type certificate.
The sections in Part 23 [New] have been rearranged and renumbered. This will allow the requirements of this Part to be numbered identically with the comparable requirements in Parts 25 [New], 27 [New], and 29 [New]. In addition, some material has been rearranged in order that the requirements be more logically placed within the Part. An example of this is the regrouping of the requirements in Secs. 3.73, 3.73-3, 3.76, 3.84, 3.86, 3.120, 3.123, 3.124, and 3.437 through 3.780, dealing with recording of data and information, into the division of Part 23 [New] dealing with flight manual requirements. A similar rearrangement was the combining of the flutter requirements of Secs. 3.159 and 3.311 into Sec. 23.629.
As was stated in the preamble of the notice of proposed rule making of Part 23, those definitions in present Part 3 (and not now in Part 1 or executed in this part) that are necessary, will be recodified with the definitions of other airworthiness parts and added to Part 1 [New].
FAR 23 [New] contains, in addition to the CAM material included in the notice of proposed rule making, CAMs 3.71-1 and 3.311-1, and the second sentence of CAM 3.422-2. CAM 3.71-1 was included as it relaxes the rule by allowing certain tolerances during flight testing. These tolerances are necessary for the proper conduct of flight testing and such tolerances have been safely used in the past. They are now specifically included in the rule on flight testing. The flutter prevention method described in CAM 3.311-1 has been an additional safe acceptable method meeting the flutter requirements of CAR 3.311 and therefore has been included in this part. The second sentence of Sec. 3.422-2, with regard to the amount of deflection necessary to show propeller clearance for airplanes with leaf spring shock struts, has been included in order to eliminate the need for extensive testing ranges for such airplanes. The deflection corresponding to 1.5g has been found to be safe and reliable for this purpose and has therefore been included in the rule. That CAM material that has not been incorporated in Part 23 [New] has been determined to be advisory, not regulatory, in nature. This material is being reviewed, and where current and necessary, it will be issued in the Agency's Advisory Circular System.
In the table in present Sec. 3.106, yaw values are given for the "stick" and "wheel" when in fact the yaw values are applicable only to rudder pedal application. The table in this part has been revised accordingly.
The requirement in present CAM 8.294 with regard to approved bolts, pins, screws, and rivets and locking devices for them has been deleted as unnecessary as the Agency does not require specific approval of these items.
Paragraphs A23.7(e)(1) and (3) of Appendix A were reworded, in light of comments received, to make them consistent with the structural load criteria in the basic part.
Other minor changes of a technical clarifying nature have been made. They are not substantive and do not impose any burden on regulated persons.
The definitions, abbreviations, and rules of construction in Part 1 [New] of the Federal Aviation regulations apply to Part 23 [New].
Interested persons have been afforded an opportunity to participate in the making of this regulation and due consideration has been given to all relevant matter presented. The Agency is particularly appreciative of the cooperative spirit in which the public's comments were submitted.
Regulatory Information
Footer Information
Issued in Washington, DC, on September 28, 1964.
N. E. Halaby,
Administrator.
[FR Doc. 64-12987 Filed 12-17-64; 8:45 am]
Comments
Document History
Notice of Proposed Rulemaking Actions:
Notice of Proposed Rulemaking. Notice No. 64-17; Issued on 3/25/64.
Other Final Rule Actions:
Not Applicable.
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