Proposed Rule2023-28718
Airworthiness Criteria: Special Class Airworthiness Criteria for the Blackshape S.p.A., Model BK160-200 Very Light Airplane
Primary source
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Published
January 2, 2024
Issuing agencies
Transportation DepartmentFederal Aviation Administration
Abstract
The FAA announces the availability of, and requests comments on, the proposed airworthiness criteria for the Blackshape S.p.A., Model BK160-200 Very Light Airplane (VLA). This document proposes the airworthiness criteria that the FAA finds to be appropriate and applicable for the VLA design.
Full Text
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<title>Federal Register, Volume 89 Issue 1 (Tuesday, January 2, 2024)</title>
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[Federal Register Volume 89, Number 1 (Tuesday, January 2, 2024)]
[Proposed Rules]
[Pages 37-38]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-28718]
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Proposed Rules
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains notices to the public of
the proposed issuance of rules and regulations. The purpose of these
notices is to give interested persons an opportunity to participate in
the rule making prior to the adoption of the final rules.
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Federal Register / Vol. 89 , No. 1 / Tuesday, January 2, 2024 /
Proposed Rules
[[Page 37]]
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 21
[Docket No. FAA-2022-1135]
Airworthiness Criteria: Special Class Airworthiness Criteria for
the Blackshape S.p.A., Model BK160-200 Very Light Airplane
AGENCY: Federal Aviation Administration (FAA), Department of
Transportation (DOT).
ACTION: Notice of proposed airworthiness criteria.
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SUMMARY: The FAA announces the availability of, and requests comments
on, the proposed airworthiness criteria for the Blackshape S.p.A.,
Model BK160-200 Very Light Airplane (VLA). This document proposes the
airworthiness criteria that the FAA finds to be appropriate and
applicable for the VLA design.
DATES: Send comments on or before February 1, 2024.
ADDRESSES: Send comments identified by Docket No. FAA-2022-1135 using
any of the following methods:
<bullet> Federal eRegulations 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.
<bullet> Hand Delivery or 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: Tara Fitzgerald, Certification
Coordination Section, AIR-613, Certification Engagement Branch, Policy
and Standards Division, Aircraft Certification Service, Federal
Aviation Administration; telephone 781-238-7130; email
<a href="/cdn-cgi/l/email-protection#f682978497d8909f828c919384979a92b6909797d8919980"><span class="__cf_email__" data-cfemail="7e0a1f0c1f5018170a04191b0c1f121a3e181f1f50191108">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Comments Invited
The FAA invites interested people to take part in the development
of these airworthiness criteria by sending written comments, data, or
views. The most helpful comments reference a specific portion of the
airworthiness criteria, explain the reason for any recommended change,
and include supporting data. Comments on operational, pilot
certification, and maintenance requirements would address issues that
are beyond the scope of this document.
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 criteria. Before acting on this proposal, the FAA will
consider all comments received on or before the closing date for
comments. The FAA may consider comments filed late if it is possible to
do so without incurring delay. The FAA may change these proposed
airworthiness 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
these proposed airworthiness criteria contain commercial or financial
information that is customarily treated as private, that you actually
treat as private, and that is relevant or responsive to these proposed
airworthiness criteria, 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 the indicated comments
will not be placed in the public docket of these proposed airworthiness
criteria. Send submissions containing CBI to the individual listed
under For Further Information Contact. Comments that the FAA receives,
which are not specifically designated as CBI, will be placed in the
public docket for these proposed airworthiness criteria.
Background
The European Union Aviation Safety Agency (EASA) submitted an
application to the FAA, on behalf of Blackshape S.p.A., on February 10,
2020, for a special class type certificate under 14 CFR 21.17(b) for
the Model BK160-200 VLA.
The BK160-200 is a single reciprocating engine airplane (Lycoming
IO-320-D1B with constant speed Hartzell propeller), full carbon
composite low wing design, with a retractable tri-cycle landing gear.
It has conventional control systems (elevator, aileron, rudder, flaps,
and longitudinal trim) and provides seats for two persons in a tandem
seat configuration with a maximum takeoff gross weight (MTGW) of 850
kilograms (kg) (1,874 pounds). It also has advanced avionic displays, a
stall speed of 50 knots, a rechargeable lithium-ion battery, and will
perform night visual flight rules (VFR) operations.
[[Page 38]]
Discussion
The FAA establishes airworthiness criteria to ensure the safe
operation of aircraft in accordance with 49 U.S.C. 44701(a) and 44704.
VLA are eligible for type certification under 14 CFR part 23 or can be
type certificated by the FAA as special class aircraft under 14 CFR
21.17(b). Under the provisions of 14 CFR 21.17(b), the airworthiness
standards for special class aircraft are those the FAA finds to be
appropriate and applicable to the specific type design.
In 1992, the FAA published advisory circular (AC) 21.17-3,\1\
``Type Certification of Very Light Airplanes Under [14 CFR] 21.17(b)''
to provide guidance on an acceptable means of compliance for type,
production, and airworthiness certification for VLA. That AC designates
the former Joint Aviation Authorities (JAA) of Europe publication,
``Joint Aviation Requirements for Very Light Aeroplanes'' (JAR-VLA)
dated April 26, 1990, as acceptable airworthiness criteria that
provides an equivalent level of safety under 14 CFR 21.17(b) for FAA
type certification of VLA as a special class of aircraft. After EASA
was formed, EASA developed its VLA certification standards (CS-VLA)
from JAR-VLA, with CS-VLA becoming effective on November 14, 2003.
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\1\ Available at <a href="https://drs.faa.gov">https://drs.faa.gov</a>.
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The FAA issued its ``Policy for Type Certification of Very Light
Airplanes as a Special Class of Aircraft'' on October 11, 2023 (88 FR
70344). This policy states that the FAA will continue to allow the type
certification of VLA as a special class of aircraft under 14 CFR
21.17(b) using CS-VLA or JAR-VLA requirements, while also allowing
eligibility for certification as a normal category airplane in
accordance with part 23 using accepted means of compliance. The FAA
accepts CS-VLA and JAR-VLA airworthiness criteria as providing an
equivalent level of safety under Sec. 21.17(b) for special class type
certification of VLA airplanes. The policy explains the FAA will
consider proposals for airplane designs that differ from the VLA limits
defined in AC 21.17-3 for type certification as a special class of
aircraft under Sec. 21.17(b), provided the VLA would be certified to
the JAR-VLA or CS-VLA requirements plus additional airworthiness
criteria the FAA finds appropriate and applicable for the proposed
design. The policy includes additional acceptable airworthiness
criteria for certain design features that differ from those defined in
AC 21.17-3 and that provide an equivalent level of safety under Sec.
21.17(b) for special class type certification of VLA airplanes.
The FAA is proposing to certify the Blackshape S.p.A. Model BK160-
200 VLA to CS-VLA, Amendment 1, dated March 5, 2009, with additional
requirements for advanced avionic displays, VFR night operations, MTGW
of 850 kg (1,874 pounds), a stall speed of 50 knots, and a rechargeable
lithium-ion battery.
Applicability
These proposed airworthiness criteria, established under the
provisions of Sec. 21.17(b), are applicable to the Blackshape S.p.A.
Model BK160-200 VLA. Should Blackshape S.p.A. apply at a later date for
a change to the type certificate to include another model, these
airworthiness criteria would apply to that model as well, provided the
FAA finds them appropriate in accordance with the requirements of
subpart D to part 21.
Conclusion
This action affects only the airworthiness criteria for one model
VLA. It is not a rule of general applicability.
Authority Citation
The authority citation for these airworthiness criteria is as
follows:
Authority: 49 U.S.C. 106(g), 40113, 44701, 44702, 44704.
The Proposed Airworthiness Criteria
The FAA proposes to establish the airworthiness criteria for type
certification of the Blackshape S.p.A. Model BK160-200 as EASA
Certification Specifications (CS) for Very Light Aeroplanes CS-VLA,
Amendment 1, dated March 5, 2009, with additional requirements
identified in ``Policy for Type Certification of Very Light Airplanes
as a Special Class of Aircraft'' (88 FR 70344, October 11, 2023) for
Advanced Avionic Displays, Night-VFR Operations, Increased Maximum
Certificated Takeoff Weight and Increased Stall Speed, and Rechargeable
Lithium Ion Battery.
Issued in Washington, DC, on December 22, 2023.
James Wilborn,
Acting Manager, Certification Coordination Section, Policy and
Standards Division, Aircraft Certification Service.
[FR Doc. 2023-28718 Filed 12-29-23; 8:45 am]
BILLING CODE 4910-13-P
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