[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 [www.gpo.gov]
[FR Doc No: 2023-28718]


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 Proposed Rules
                                                 Federal Register
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 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:
     Federal eRegulations 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.
     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.
     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: 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 
[email protected].

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 https://drs.faa.gov.
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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