Proposed Primary Category Design Criteria; ICON Aircraft, Inc., Model A5-B Airplane, 60153-60157 [2023-18679]

Download as PDF Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Proposed Rules ddrumheller on DSK120RN23PROD with PROPOSALS1 be required to obtain a property pass. Visitors should avoid bringing these devices, or allow an extra 45 minutes to check in. Please report to the visitor’s desk to have devices checked before proceeding through security. Due to the REAL ID Act implemented by the Department of Homeland Security (DHS), there have been recent changes regarding ID requirements for individuals wishing to enter Federal buildings from specific States and U.S. territories. DHS maintains an updated website identifying the State and territory driver’s licenses that currently are acceptable for entry into DOE facilities at www.dhs.gov/real-idenforcement-brief. A driver’s license from a State or territory identified as not compliant by DHS will not be accepted for building entry and one of the alternate forms of ID listed below will be required. Acceptable alternate forms of Photo-ID include U.S. Passport or Passport Card; an Enhanced Driver’s License or Enhanced ID-Card issued by States and territories as identified on the DHS website (Enhanced licenses issued by these States and territories are clearly marked Enhanced or Enhanced Driver’s License); a military ID or other Federal government-issued Photo-ID card. In addition, you can attend the public meeting via webinar. Webinar registration information, participant instructions, and information about the capabilities available to webinar participants will be published on DOE’s website: www.energy.gov/eere/ buildings/public-meetings-andcomment-deadlines. Participants are responsible for ensuring their systems are compatible with the webinar software. Procedure for Submitting Prepared General Statements for Distribution Any person who has plans to present a prepared general statement may request that copies of his or her statement be made available at the public meeting. Such persons may submit requests, along with an advance electronic copy of their statement in PDF (preferred), Microsoft Word or Excel, WordPerfect, or text (ASCII) file format, to the appropriate address shown in the ADDRESSES section at the beginning of this document. The request and advance copy of statements must be received at least one week before the public meeting and are to be emailed. Please include a telephone number to enable DOE staff to make follow-up contact, if needed. Conduct of the Public Meeting DOE will designate a DOE official to preside at the public meeting and may VerDate Sep<11>2014 17:26 Aug 30, 2023 Jkt 259001 also use a professional facilitator to aid discussion. The meeting will not be a judicial or evidentiary-type public hearing, but DOE will conduct it in accordance with section 336 of EPCA (42 U.S.C. 6306). A court reporter will be present to record the proceedings and prepare a transcript. DOE reserves the right to schedule the order of presentations and to establish the procedures governing the conduct of the webinar/public meeting. There shall not be discussion of proprietary information, costs or prices, market share, or other commercial matters regulated by U.S. anti-trust laws. After the webinar and until the end of the comment period, interested parties may submit further comments on the proceedings and any aspect of the proposed rulemaking. The webinar will be conducted in an informal, conference style. DOE will present a general overview of the topics addressed in this proposed rulemaking, allow time for prepared general statements by participants, and encourage all interested parties to share their views on issues affecting this proposed rulemaking. Each participant will be allowed to make a general statement (within time limits determined by DOE), before the discussion of specific topics. DOE will permit, as time permits, other participants to comment briefly on any general statements. At the end of all prepared statements on a topic, DOE will permit participants to clarify their statements briefly. Participants should be prepared to answer questions by DOE and by other participants concerning these issues. DOE representatives may also ask questions of participants concerning other matters relevant to this proposed rulemaking. The official conducting the webinar will accept additional comments or questions from those attending, as time permits. The presiding official will announce any further procedural rules or modification of the above procedures that may be needed for the proper conduct of the public meeting. A transcript of the public meeting will be included in the docket, which can be viewed as described in the Docket section at the beginning of the August 14, 2023 NOPR. In addition, any person may buy a copy of the transcript from the transcribing reporter. Approval of the Office of the Secretary The Secretary of Energy has approved publication of this notification of public meeting and webinar. PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 60153 Signing Authority This document of the Department of Energy was signed on August 28, 2023, by Francisco Alejandro Moreno, Acting Assistant Secretary for Energy Efficiency and Renewable Energy, pursuant to delegated authority from the Secretary of Energy. That document with the original signature and date is maintained by DOE. For administrative purposes only, and in compliance with requirements of the Office of the Federal Register, the undersigned DOE Federal Register Liaison Officer has been authorized to sign and submit the document in electronic format for publication, as an official document of the Department of Energy. This administrative process in no way alters the legal effect of this document upon publication in the Federal Register. Signed in Washington, DC, on August 28, 2023. Treena V. Garrett, Federal Register Liaison Officer, U.S. Department of Energy. [FR Doc. 2023–18850 Filed 8–30–23; 8:45 am] BILLING CODE 6450–01–P 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 Federal Aviation Administration (FAA), DOT. ACTION: Notice of availability; request for comments. AGENCY: 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: • Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your comments electronically. • 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. SUMMARY: E:\FR\FM\31AUP1.SGM 31AUP1 60154 Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Proposed Rules • 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. • Fax: Fax comments to Docket Operations at 202–493–2251. Privacy: The FAA will post all comments it receives, without change, to https://www.regulations.gov, 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 https://www.dot.gov/ privacy. Docket: Background documents or comments received may be read at https://www.regulations.gov 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 raymond.johnston@faa.gov. SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with PROPOSALS1 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 VerDate Sep<11>2014 17:26 Aug 30, 2023 Jkt 259001 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 § 21.24. Airplanes that are manufactured under a production certificate and conform to the approved type design may then be eligible for a special PO 00000 Frm 00003 Fmt 4702 Sfmt 4702 airworthiness certification issued in accordance with § 21.184(a). Both domestic and imported lightsport aircraft (LSA) that comply with an FAA-accepted consensus standard and meet the other eligibility requirements in § 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 § 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 § 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 1 FAA Accepted LSA Standards, FAA NOA Information, https://www.faa.gov/aircraft/gen_av/ light_sport. 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. E:\FR\FM\31AUP1.SGM 31AUP1 Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Proposed Rules category airplanes as stated in 14 CFR 1.1 and § 21.24, respectively. 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 § 21.3. The FAA will then utilize a risk assessment process in determining if mandatory action is required. 60155 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 § 21.17(f), is appropriate for the ICON Model A5–B airplane:] Subject Consensus standard or regulation Title and description Primary Type Certification ......... Sections 21.17(f) and 21.24, both at amendment 21–100. ASTM F2245–20 ....................... ‘‘Designation of applicable regulations’’, and ‘‘Issuance of type certificate: primary category aircraft.’’ ‘‘Standard Specification for Design and ‘‘Performance of a Light Sport Airplane’’ as modified by Table 2 of these airworthiness design criteria. The FAA will accept an engine certified by EASA to CS–E at amendment 6 that meets the additional criteria in Table 8 of these airworthiness design criteria. ‘‘Standard Specification for Design and Testing of Light Sport Aircraft Propellers’’ as modified by Table 3 of these airworthiness design criteria. ‘‘Noise Standards: Aircraft Type and Airworthiness Certification’’. Aircraft Design and Performance. Engine ........................................ Propeller .................................... Noise .......................................... Airframe Emergency Parachute Airplane Flight Manual or Pilot’s Operating Handbook. Maintenance Manual ................. Continued Operational Safety (COS). 14 CFR part 33, Amendment 33–34. ASTM F2506–13 ....................... 14 CFR part 36, Amendment 36–31. ASTM F2316–12 ....................... ASTM F2746–14; Or GAMA Specification No. 1, rev October 18, 1996. ASTM F2483–18 ....................... ASTM F3198–18 ....................... ‘‘Standard Specification for Airframe Emergency Parachutes’’ as modified by Table 4 of these airworthiness design criteria. ‘‘Standard Specification for Pilot’s Operating Handbook (POH) for Light Sport Aircraft’’ as modified by Table 5 of these airworthiness design criteria. ‘‘Standard Practice for Maintenance and the Development of Maintenance Manuals for Light Sport Aircraft’’ as modified by Table 6 of these airworthiness design criteria. ‘‘Standard Specification for Light Sport Aircraft Manufacturer’s Continued Operational Safety (COS) Program’’ as modified by Table 7 of these airworthiness design criteria. TABLE 2—MODIFICATIONS APPLICABLE TO ASTM F2245–20 ‘‘STANDARD SPECIFICATIONS FOR DESIGN AND PERFORMANCE OF LIGHT SPORT AIRCRAFT’’ Requirements: 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.’’ TABLE 3—MODIFICATIONS APPLICABLE TO ASTM F2506–13 ‘‘STANDARD SPECIFICATION FOR DESIGN AND TESTING OF LIGHT SPORT AIRCRAFT PROPELLERS’’ Requirements: ddrumheller on DSK120RN23PROD with PROPOSALS1 Include all sections of ASTM F2506–13 except section 10. TABLE 4—MODIFICATIONS APPLICABLE TO ASTM F2316–12 ‘‘STANDARD SPECIFICATION FOR AIRFRAME EMERGENCY PARACHUTES’’ Requirements: Include all sections of ASTM F2316–12 except section 12. VerDate Sep<11>2014 17:26 Aug 30, 2023 Jkt 259001 PO 00000 Frm 00004 Fmt 4702 Sfmt 4702 E:\FR\FM\31AUP1.SGM 31AUP1 60156 Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Proposed Rules TABLE 5—MODIFICATIONS APPLICABLE TO ASTM F2746–14 ‘‘STANDARD SPECIFICATION FOR PILOT’S OPERATING HANDBOOK (POH) FOR LIGHT SPORT AIRCRAFT’’ Requirements: 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: • Chapter 2 Limitations; • Chapter 3 Emergency Procedures; • Chapter 5 Performance; • Chapter 6: Æ Weight and Balance Chart (see section 6.10.1 of ASTM F2746–14); Æ Operating Weights and Loading (see section 6.10.2 of ASTM F2746–14); Æ Center of Gravity (CG) Range and Determination (see section 6.10.3 of ASTM F2746–14); • Chapter 8: Æ Approved Fuel Grades and Specifications (see section 6.12.5.1 of ASTM F2746–14); Æ 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.’’ TABLE 6—MODIFICATIONS APPLICABLE TO ASTM F2483–18 ‘‘STANDARD PRACTICE FOR MAINTENANCE AND THE DEVELOPMENT OF MAINTENANCE MANUALS FOR LIGHT SPORT AIRCRAFT’’ Requirements: ddrumheller on DSK120RN23PROD with PROPOSALS1 Include all sections of ASTM F2483–18 except: • Section 3.1.7 • Section 3.1.7.1 • Section 3.1.8 • Section 4 • Note 1 in section 5 • Section 5.3.2 • Section 5.3.3 • Section 5.3.6 • Section 6.1 • Note 5 in section 6.1 • Section 8 and all subsections and notes • Section 9 and all subsections • Section 10 and all subsections • Section 11 and all subsections and notes • Section 12 and all subsections • 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 § 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:’’ 2 GAMA Specification No. 1. VerDate Sep<11>2014 17:26 Aug 30, 2023 Jkt 259001 PO 00000 Frm 00005 Fmt 4702 Sfmt 4702 E:\FR\FM\31AUP1.SGM 31AUP1 Federal Register / Vol. 88, No. 168 / Thursday, August 31, 2023 / Proposed Rules 60157 TABLE 7—MODIFICATIONS APPLICABLE TO ASTM F3198–18 ‘‘STANDARD SPECIFICATION FOR LIGHT SPORT AIRCRAFT MANUFACTURER’S CONTINUED OPERATIONAL SAFETY (COS) PROGRAM’’ Requirement: Include all sections of ASTM F3198–18 except: • Section 1 and all subsections • Section 5.2 and all subsections • Section 5.3 and all subsections • Section 6.1.1.3 • Section 6.1.1.4 • Section 7.7 and all subsections • Section 8.1.2.1 • Section 8.2 and all subsections • 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 § 21.3.’’ Replace ‘‘manufacturer’’ with ‘‘type certificate holder’’ throughout section 7. 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.] Subject 14 CFR part 33 Instructions for Continued Airworthiness (ICA) ........................................ Engine ratings and operating limitations including reciprocating engine limits. Durability (Propeller blade pitch control systems) .................................... Turbine, compressor, fan, and turbosupercharger rotor overspeed ........ Turbocharger rotors .................................................................................. Lubrication system .................................................................................... Vibration test ............................................................................................. Endurance test ......................................................................................... 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 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–1723; Project Identifier MCAI–2023–00457–T] ddrumheller on DSK120RN23PROD with PROPOSALS1 RIN 2120–AA64 Airworthiness Directives; Airbus SAS Airplanes Federal Aviation Administration (FAA), DOT. ACTION: Notice of proposed rulemaking (NPRM). AGENCY: The FAA proposes to adopt a new airworthiness directive (AD) for all SUMMARY: 3 CS–E, Section 33.4, appendices A33.1(b), A33.2, A33.3(b) and (c), and A33.4(a)(2). Sections 33.7(b)(6) and (b)(8). Section 33.19(b). Section 33.27. Section 33.34. Sections 33.39(a) and (c). Sections 33.43(a) and (c). Section 33.49(d). Airbus SAS Model A330–200 Freighter series airplanes. This proposed AD was prompted by a widespread fatigue damage (WFD) evaluation on Airbus SAS Model A330–200 Freighter series airplanes, which found that the circumferential joint at Frame 58 (near the rear fuselage) is susceptible to WFD. This proposed AD would require a modification to reinforce the circumferential joints at Frame 58 and, if necessary, corrective action, as specified in a European Union Aviation Safety Agency (EASA) AD, which is proposed for incorporation by reference (IBR). The FAA is proposing this AD to address the unsafe condition on these products. DATES: The FAA must receive comments on this proposed AD by October 16, 2023. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to regulations.gov. Follow the instructions for submitting comments. • Fax: 202–493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. AD Docket: You may examine the AD docket at regulations.gov under Docket No. FAA–2023–1723; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this NPRM, the mandatory continuing airworthiness information (MCAI), any comments received, and other information. The street address for Docket Operations is listed above. Material Incorporated by Reference: • For material that is proposed for IBR in this AD, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; website easa.europa.eu. You may find this material on the EASA website at Amendment 6—Aircraft cybersecurity. VerDate Sep<11>2014 17:26 Aug 30, 2023 Jkt 259001 PO 00000 Frm 00006 Fmt 4702 Sfmt 4702 E:\FR\FM\31AUP1.SGM 31AUP1

Agencies

[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 [www.gpo.gov]
[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.

-----------------------------------------------------------------------

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:
     Federal eRulemaking Portal: Go to https://www.regulations.gov and follow the online instructions for sending your 
comments electronically.
     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]]

     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.
     Fax: Fax comments to Docket Operations at 202-493-2251.
    Privacy: The FAA will post all comments it receives, without 
change, to https://www.regulations.gov, 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 https://www.dot.gov/privacy.
    Docket: Background documents or comments received may be read at 
https://www.regulations.gov 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 [email protected].

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.
---------------------------------------------------------------------------

    \1\ FAA Accepted LSA Standards, FAA NOA Information, https://www.faa.gov/aircraft/gen_av/light_sport. 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.
---------------------------------------------------------------------------

    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:]
----------------------------------------------------------------------------------------------------------------
                                             Consensus standard or
                 Subject                           regulation                    Title and description
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------


      Table 2--Modifications Applicable to ASTM F2245-20 ``Standard
   Specifications for Design and Performance of Light Sport Aircraft''
------------------------------------------------------------------------
                              Requirements:
-------------------------------------------------------------------------
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.''
------------------------------------------------------------------------


      Table 3--Modifications Applicable to ASTM F2506-13 ``Standard
      Specification for Design and Testing of Light Sport Aircraft
                              Propellers''
------------------------------------------------------------------------
                              Requirements:
-------------------------------------------------------------------------
Include all sections of ASTM F2506-13 except section 10.
------------------------------------------------------------------------


      Table 4--Modifications Applicable to ASTM F2316-12 ``Standard
            Specification for Airframe Emergency Parachutes''
------------------------------------------------------------------------
                              Requirements:
-------------------------------------------------------------------------
Include all sections of ASTM F2316-12 except section 12.
------------------------------------------------------------------------


[[Page 60156]]


      Table 5--Modifications Applicable to ASTM F2746-14 ``Standard
   Specification for Pilot's Operating Handbook (POH) for Light Sport
                               Aircraft''
------------------------------------------------------------------------
                              Requirements:
-------------------------------------------------------------------------
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:
     Chapter 2 Limitations;
     Chapter 3 Emergency Procedures;
     Chapter 5 Performance;
     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);
     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.''
------------------------------------------------------------------------

     
---------------------------------------------------------------------------

    \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''
------------------------------------------------------------------------
                              Requirements:
-------------------------------------------------------------------------
Include all sections of ASTM F2483-18 except:
     Section 3.1.7
     Section 3.1.7.1
     Section 3.1.8
     Section 4
     Note 1 in section 5
     Section 5.3.2
     Section 5.3.3
     Section 5.3.6
     Section 6.1
     Note 5 in section 6.1
     Section 8 and all subsections and notes
     Section 9 and all subsections
     Section 10 and all subsections
     Section 11 and all subsections and notes
     Section 12 and all subsections
     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:''
------------------------------------------------------------------------


[[Page 60157]]


      Table 7--Modifications Applicable to ASTM F3198-18 ``Standard
     Specification for Light Sport Aircraft Manufacturer's Continued
                   Operational Safety (COS) Program''
------------------------------------------------------------------------
                              Requirement:
-------------------------------------------------------------------------
Include all sections of ASTM F3198-18 except:
     Section 1 and all subsections
     Section 5.2 and all subsections
     Section 5.3 and all subsections
     Section 6.1.1.3
     Section 6.1.1.4
     Section 7.7 and all subsections
     Section 8.1.2.1
     Section 8.2 and all subsections
     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.
------------------------------------------------------------------------

     
---------------------------------------------------------------------------

    \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.]
------------------------------------------------------------------------
                Subject                           14 CFR part 33
------------------------------------------------------------------------
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).
------------------------------------------------------------------------


    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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