[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.

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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:
     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.
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    \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.
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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:
     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.''
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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:
     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:''
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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:
     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.
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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