Proposed Rule2023-18679
Proposed Primary Category Design Criteria; ICON Aircraft, Inc., Model A5-B Airplane
Primary source
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Published
August 31, 2023
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
This document announces the existence of and requests comments on the proposed airworthiness design criteria for acceptance for the type certification of the ICON Aircraft, Inc., Model A5-B airplane under the regulations for primary category aircraft.
Full Text
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<title>Federal Register, Volume 88 Issue 168 (Thursday, August 31, 2023)</title>
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[Federal Register Volume 88, Number 168 (Thursday, August 31, 2023)]
[Proposed Rules]
[Pages 60153-60157]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-18679]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 21
[Docket No.: FAA-2022-1378]
Proposed Primary Category Design Criteria; ICON Aircraft, Inc.,
Model A5-B Airplane
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Notice of availability; request for comments.
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SUMMARY: This document announces the existence of and requests comments
on the proposed airworthiness design criteria for acceptance for the
type certification of the ICON Aircraft, Inc., Model A5-B airplane
under the regulations for primary category aircraft.
DATES: The FAA must receive comments by October 2, 2023.
ADDRESSES: Send comments identified by Docket No. FAA-2022-1378 using
any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov">https://www.regulations.gov</a> and follow the online instructions for sending your
comments electronically.
<bullet> Mail: Send comments to Docket Operations, M-30; U.S.
Department of Transportation (DOT), 1200 New Jersey Avenue SE, Room
W12-140, West Building Ground Floor, Washington, DC 20590-0001.
[[Page 60154]]
<bullet> Hand Delivery of Courier: Take comments to Docket
Operations in Room W12-140 of the West Building Ground Floor at 1200
New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
<bullet> Fax: Fax comments to Docket Operations at 202-493-2251.
Privacy: The FAA will post all comments it receives, without
change, to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal
information the commenter provides. Using the search function of the
docket website, anyone can find and read the electronic form of all
comments received into any FAA docket, including the name of the
individual sending the comment (or signing the comment for an
association, business, labor union, etc.). DOT's complete Privacy Act
Statement can be found in the Federal Register published on April 11,
2000 (65 FR 19477-19478), as well as at <a href="https://www.dot.gov/privacy">https://www.dot.gov/privacy</a>.
Docket: Background documents or comments received may be read at
<a href="https://www.regulations.gov">https://www.regulations.gov</a> at any time. Follow the online instructions
for accessing the docket or go to Docket Operations in Room W12-140 of
the West Building Ground Floor at 1200 New Jersey Avenue SE,
Washington, DC, between 9 a.m. and 5 p.m., Monday through Friday,
except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Mr. Raymond N. Johnston, Avionics
Navigation & Flight Deck Unit (AIR-626B), Avionics & Electrical Systems
Section, Technical Policy Branch, Policy & Standards Division, Aircraft
Certification Service, Federal Aviation Administration, 901 Locust
Street, Room 301, Kansas City, MO 64106; phone (816) 329-4159, fax
(816) 329-4090, email <a href="/cdn-cgi/l/email-protection#413320382c2e2f256f2b2e292f32352e2f012720206f262e37"><span class="__cf_email__" data-cfemail="fe8c9f879391909ad0949196908d8a9190be989f9fd0999188">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites interested people to take part in this rulemaking
by sending written comments, data, or views. Please identify Docket No.
FAA-2022-1378 on all submitted correspondence. The most helpful
comments reference a specific portion of the airworthiness design
criteria, explain the reason for any recommended change, and include
supporting data.
Except for Confidential Business Information as described in the
following paragraph, and other information as described in title 14,
Code of Federal Regulations (14 CFR) 11.35, the FAA will file in the
docket all comments received, as well as a report summarizing each
substantive public contact with FAA personnel concerning these proposed
airworthiness design criteria. Before acting on this proposal, the FAA
will consider all comments received on or before the closing date for
comments. The FAA will consider comments filed late if it is possible
to do so without incurring delay. The FAA may change these
airworthiness design criteria based on received comments.
Confidential Business Information
Confidential Business Information (CBI) is commercial or financial
information that is both customarily and actually treated as private by
its owner. Under the Freedom of Information Act (FOIA) (5 U.S.C. 552),
CBI is exempt from public disclosure. If your comments responsive to
this document contain commercial or financial information that is
customarily treated as private, that you actually treat as private, and
that is relevant or responsive to this document, it is important that
you clearly designate the submitted comments as CBI. Please mark each
page of your submission containing CBI as ``PROPIN.'' The FAA will
treat such marked submissions as confidential under the FOIA, and they
will not be placed in the public docket of this document. Submissions
containing CBI should be sent to the individual listed under FOR
FURTHER INFORMATION CONTACT. Any commentary that the FAA receives that
is not specifically designated as CBI will be placed in the public
docket for this document.
Background
The primary category for aircraft was created specifically for
simple, low performance personal aircraft. 14 CFR 21.17(f) provides a
means for applicants to propose airworthiness criteria for their
particular primary category aircraft. The FAA procedure establishing
appropriate airworthiness criteria includes reviewing and possibly
revising the applicant's proposal, publication of the submittal in the
Federal Register for public review and comment and addressing the
comments. After all necessary revisions, the criteria are published as
approved FAA airworthiness criteria. When the FAA finds that a primary
category aircraft design meets these airworthiness criteria, and no
features or characteristics exist that make the aircraft unsafe for its
intended use, the applicant is entitled to a type certificate (TC) for
the design in accordance with Sec. 21.24. Airplanes that are
manufactured under a production certificate and conform to the approved
type design may then be eligible for a special airworthiness
certification issued in accordance with Sec. 21.184(a).
Both domestic and imported light-sport aircraft (LSA) that comply
with an FAA-accepted consensus standard and meet the other eligibility
requirements in Sec. 21.190 may operate in US airspace with a special
airworthiness certificate. The FAA periodically issues a notice of
availability (NOA) for new and revised LSA airworthiness criteria,
including ASTM International, formerly known as American Society for
Testing and Materials, Committee F37, consensus standards.\1\ Primary
category airplanes also operate with a special airworthiness
certificate and are subject to similar operational limitations and
privileges. ICON Aircraft, Inc., applied for a TC for the Model A-5B on
August 3, 2020. Under Sec. 21.17(c), an application for type
certification is effective for three years, unless the FAA approves a
longer period. Section 21.17(d) provides that, where a TC has not been
issued within the time limit established under Sec. 21.17(c), the
applicant may file for an extension and update the designated
applicable regulations in the type certification basis. Because the
project was not certificated within three years after the application
date above, the FAA approved the applicant's request to extend the
application for type certification. As a result, the date of the
updated type certification basis is August 7, 2023. ICON Aircraft,
Inc., proposed to maintain a common type design between the LSA and
primary category aircraft. Accordingly, these proposed airworthiness
design criteria would apply the same ASTM LSA consensus standards as
the applicable airworthiness criteria for a primary category TC for the
ICON Aircraft, Inc., Model A-5B airplane because that airplane design
meets the other requirements and limitations for LSA. The FAA allows
use of criteria in GAMA Specification No. 1 for an LSA pilot's
operating handbook as an alternative to the ASTM standard for a pilot's
operating handbook, as detailed in Tables 1 and 5 below. In certifying
the ICON Aircraft, Inc., Model A-5B as a primary category airplane
design utilizing the ASTM LSA consensus standards, the design would
meet the limitations for both LSA and primary
[[Page 60155]]
category airplanes as stated in 14 CFR 1.1 and Sec. 21.24,
respectively.
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\1\ FAA Accepted LSA Standards, FAA NOA Information, <a href="https://www.faa.gov/aircraft/gen_av/light_sport">https://www.faa.gov/aircraft/gen_av/light_sport</a>. The LSA NOA information
maintained on the FAA website includes historical information about
the NOA issued February 23, 2022, for ASTM consensus standards that
the FAA accepted for certification under the provisions of the
Certification of Aircraft and Airmen for the Operation of Light-
Sport Aircraft rule.
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The ICON Model A5-B airplane will utilize a Rotax 912 iS Sport
piston engine certified by European Union Aviation Safety Agency (EASA
TC E.121) with additional FAA validation requirements to account for
differences between EASA CS-E requirements and FAA 14 CFR part 33
requirements. The ICON A5-B airplane will utilize a Sensenich 3-blade
composite propeller that conforms with the ASTM consensus standard for
propellers identified in Tables 1 and 3 of these proposed airworthiness
design criteria. The FAA does not plan to issue TCs for the engine or
the propeller.
For continued operational safety (COS) requirements, the applicant
would need to utilize the processes outlined in ASTM F3198-18
identified in Tables 1 and 7 of these proposed airworthiness design
criteria to develop a COS program. Some differences exist between FAA
processes for COS for primary category aircraft and those outlined for
LSA in ASTM F3198-18. The operational safety risk assessment
information in the appendix of ASTM F3198-18 would need to be utilized
by the TC holder, except notification to the FAA is required for
reportable events identified in Sec. 21.3. The FAA will then utilize a
risk assessment process in determining if mandatory action is required.
Authority Citation
The authority citation for these proposed airworthiness design
criteria is as follows:
Authority: 49 U.S.C. 106(f), 106(g), 40113, 44701, 44702, and
44704.
Proposed Airworthiness Criteria for Acceptance Under the Primary
Category
This document prescribes airworthiness criteria for the issuance of
a TC for the ICON Aircraft, Inc., Model A5-B airplane, a primary
category airplane, and its powerplant installation. The FAA proposes
the airplane certification basis as listed in Tables 1 through 8 below.
Table 1--Airplane Certification Basis
[The following certification basis, established under the provisions of Sec. 21.17(f), is appropriate for the
ICON Model A5-B airplane:]
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Consensus standard or
Subject regulation Title and description
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Primary Type Certification.............. Sections 21.17(f) and ``Designation of applicable
21.24, both at amendment regulations'', and ``Issuance of type
21-100. certificate: primary category
aircraft.''
Aircraft Design and Performance......... ASTM F2245-20.............. ``Standard Specification for Design and
``Performance of a Light Sport
Airplane'' as modified by Table 2 of
these airworthiness design criteria.
Engine.................................. 14 CFR part 33, Amendment The FAA will accept an engine certified
33-34. by EASA to CS-E at amendment 6 that
meets the additional criteria in Table 8
of these airworthiness design criteria.
Propeller............................... ASTM F2506-13.............. ``Standard Specification for Design and
Testing of Light Sport Aircraft
Propellers'' as modified by Table 3 of
these airworthiness design criteria.
Noise................................... 14 CFR part 36, Amendment ``Noise Standards: Aircraft Type and
36-31. Airworthiness Certification''.
Airframe Emergency Parachute............ ASTM F2316-12.............. ``Standard Specification for Airframe
Emergency Parachutes'' as modified by
Table 4 of these airworthiness design
criteria.
Airplane Flight Manual or Pilot's ASTM F2746-14; Or GAMA ``Standard Specification for Pilot's
Operating Handbook. Specification No. 1, rev Operating Handbook (POH) for Light Sport
October 18, 1996. Aircraft'' as modified by Table 5 of
these airworthiness design criteria.
Maintenance Manual...................... ASTM F2483-18.............. ``Standard Practice for Maintenance and
the Development of Maintenance Manuals
for Light Sport Aircraft'' as modified
by Table 6 of these airworthiness design
criteria.
Continued Operational Safety (COS)...... ASTM F3198-18.............. ``Standard Specification for Light Sport
Aircraft Manufacturer's Continued
Operational Safety (COS) Program'' as
modified by Table 7 of these
airworthiness design criteria.
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Table 2--Modifications Applicable to ASTM F2245-20 ``Standard
Specifications for Design and Performance of Light Sport Aircraft''
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Requirements:
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Include all sections of ASTM F2245-20 except section 9.1.4.
Change section 1.1 to: ``This specification covers basic airworthiness
requirements for the design of a fixed-wing airplane.''
Change section 1.2 to: ``This specification is applicable to the design
of a primary category airplane limited to two seats.''
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Table 3--Modifications Applicable to ASTM F2506-13 ``Standard
Specification for Design and Testing of Light Sport Aircraft
Propellers''
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Requirements:
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Include all sections of ASTM F2506-13 except section 10.
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Table 4--Modifications Applicable to ASTM F2316-12 ``Standard
Specification for Airframe Emergency Parachutes''
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Requirements:
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Include all sections of ASTM F2316-12 except section 12.
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[[Page 60156]]
Table 5--Modifications Applicable to ASTM F2746-14 ``Standard
Specification for Pilot's Operating Handbook (POH) for Light Sport
Aircraft''
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Requirements:
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The airplane flight manual (AFM) must comply with all sections of ASTM
F2746-14, as modified by this table, except sections 1.3, 4.6, and 7,
or alternatively, the airplane flight manual must comply with GAMA
Specification No. 1 \2\ issued February 15, 1975, and revised October
18, 1996, in which case the following modifications do not apply.
In addition to ASTM F2746-14, each part of the AFM indicated below must
be approved, segregated, identified, and clearly distinguished from
unapproved parts:
<bullet> Chapter 2 Limitations;
<bullet> Chapter 3 Emergency Procedures;
<bullet> Chapter 5 Performance;
<bullet> Chapter 6:
[cir] Weight and Balance Chart (see section 6.10.1 of ASTM F2746-
14);
[cir] Operating Weights and Loading (see section 6.10.2 of ASTM
F2746-14);
[cir] Center of Gravity (CG) Range and Determination (see
section 6.10.3 of ASTM F2746-14);
<bullet> Chapter 8:
[cir] Approved Fuel Grades and Specifications (see section
6.12.5.1 of ASTM F2746-14);
[cir] Approved Oil Grades and Specifications (see section
6.12.5.2 of ASTM F2746-14).
In addition to ASTM F2746-14, non-approved information in the AFM must
be presented in a manner acceptable to the FAA.
Change section 6.4.1 of ASTM 2746-14 to: ``A list of the standards used
for the design, construction, continued airworthiness, and reference
compliance with this standard.''
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\2\ GAMA Specification No. 1.
Table 6--Modifications Applicable to ASTM F2483-18 ``Standard Practice
for Maintenance and the Development of Maintenance Manuals for Light
Sport Aircraft''
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Requirements:
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Include all sections of ASTM F2483-18 except:
<bullet> Section 3.1.7
<bullet> Section 3.1.7.1
<bullet> Section 3.1.8
<bullet> Section 4
<bullet> Note 1 in section 5
<bullet> Section 5.3.2
<bullet> Section 5.3.3
<bullet> Section 5.3.6
<bullet> Section 6.1
<bullet> Note 5 in section 6.1
<bullet> Section 8 and all subsections and notes
<bullet> Section 9 and all subsections
<bullet> Section 10 and all subsections
<bullet> Section 11 and all subsections and notes
<bullet> Section 12 and all subsections
<bullet> Annex A1
In addition to ASTM F2483-18, a maintenance manual containing the
information that the applicant considers essential for proper
maintenance must be provided as indicated in Sec. 21.24(a)(2)(iii).
In addition to ASTM F2483-18, the part of the manual containing service
life limitations, the replacement or overhaul of parts, components, and
accessories subject to such limitations must be approved, identified,
and clearly distinguished from each other unapproved part of the
maintenance manual.
Change section 3.1.9 to: ``maintenance manual(s)--manual provided by the
type design holder that specifies maintenance, repairs, or alterations
authorized by the manufacturer.''
Change section 3.1.11 to: ``manufacturer--any entity engaged in the
production of, or component used on, a type certified primary category
airplane.
Change section 5.3 to: ``Level of Certification--When listing the
qualification level needed to perform a task, the type certificate
holder must use the appropriate qualifications from the regulations for
aircraft maintenance indicated in 14 CFR part 43, appendix A.''
Change Note 4 in section 5.3.1 to: ``Primary category aircraft owners
may perform maintenance as outlined in part 43, appendix A.''
Change section 6.2 to: ``Typical tasks considered as line maintenance
include:''
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[[Page 60157]]
Table 7--Modifications Applicable to ASTM F3198-18 ``Standard
Specification for Light Sport Aircraft Manufacturer's Continued
Operational Safety (COS) Program''
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Requirement:
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Include all sections of ASTM F3198-18 except:
<bullet> Section 1 and all subsections
<bullet> Section 5.2 and all subsections
<bullet> Section 5.3 and all subsections
<bullet> Section 6.1.1.3
<bullet> Section 6.1.1.4
<bullet> Section 7.7 and all subsections
<bullet> Section 8.1.2.1
<bullet> Section 8.2 and all subsections
<bullet> Section 10
Change section 4.1 to: ``The purpose of this specification is to
establish, by the manufacturer, a method by which unsafe conditions and
service difficulty issues are reported, evaluated, and corrected. The
type certificate holder is responsible to report failures, malfunctions
or defects to the FAA as outlined in Sec. 21.3.''
Replace ``manufacturer'' with ``type certificate holder'' throughout
section 7.
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\3\ CS-E, Amendment 6--Aircraft cybersecurity.
Table 8--FAA Validation of EASA State of Design Reciprocating Aircraft
Engines
[In addition to the EASA CS-E, amendment 6 requirements,\3\ the
following requirements from 14 CFR part 33, amendment 33-34 also apply.]
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Subject 14 CFR part 33
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Instructions for Continued Section 33.4, appendices
Airworthiness (ICA). A33.1(b), A33.2, A33.3(b) and
(c), and A33.4(a)(2).
Engine ratings and operating Sections 33.7(b)(6) and (b)(8).
limitations including reciprocating
engine limits.
Durability (Propeller blade pitch Section 33.19(b).
control systems).
Turbine, compressor, fan, and Section 33.27.
turbosupercharger rotor overspeed.
Turbocharger rotors.................... Section 33.34.
Lubrication system..................... Sections 33.39(a) and (c).
Vibration test......................... Sections 33.43(a) and (c).
Endurance test......................... Section 33.49(d).
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Issued in Kansas City, Missouri, on 24 August, 2023.
Patrick R. Mullen,
Manager, Technical Policy Branch, Policy and Standards Division,
Aircraft Certification Service.
[FR Doc. 2023-18679 Filed 8-30-23; 8:45 am]
BILLING CODE 4910-13-P
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