CHAPTER 6 - BACKGROUND OF 14 CFR PART 23 AND JOINT AVIATION REQUIREMENTS – VERY LIGHT AIRPLANES
In the early 1990’s, we attempted to address the burden that the general aviation industry felt was being placed on very light single engine airplanes with low stall speeds. Their concern was that the certification requirements of 14 CFR part 23 were unnecessarily burdensome to these simple, low speed airplanes.
Our action followed a rule making activity undertaken by the JAA, known as “Joint Aviation Requirements for Very Light Aeroplanes,” or JAR-VLA, dated April 26, 1990.
In developing the JAR-VLA standards, the JAA used 14 CFR part 23 to form the basis of the regulation. In an attempt to address the design features of these airplanes, changes and deletions were made to those requirements deemed as either impractical or unnecessary.
Subsequently, we, in conjunction with industry, developed a simplified method to certificate very light airplanes. These airplanes would be treated as a “special class” of airplane under 14 CFR § 21.17(b). The requirements of JAR-VLA would stand as suitable airworthiness criteria for certification of these airplanes, with the following restrictions:
• The airplanes are limited to normal category maneuvers, and
• The airplanes are limited to Day-VFR operations only under 14 CFR part 91.
In addition, JAR-VLA permits the use of engines and propellers certificated to JAR-22, Powered Sailplanes, Subparts H and J. The FAA agrees that these engine and propeller requirements are suitable for JAR-VLA airplanes operating under Day-VFR conditions.
Therefore, a JAR-VLA airplane, equipped with an engine and propeller certificated to JAR-22, Subparts H and J, may earn FAA certification as a special class of airplane under 14 CFR § 21.17(b).
14 CFR part 23 type certification, required for Night-VFR or IFR operations, is a more robust process. The material provided in previous sections of this AC provides guidance to applicants who seek this level of certification.
Appendix 1
ISSUE PAPER
PROJECT: Acme Aircraft Company – Model 123 Night VFR Approval ITEM: G-1 Project No. BR-AWN22 STAGE: 2
REG.REF.: 14 CFR parts 21 & 23 DATE: May 23, 2001 (14 CFR part 21, § 21.17(b), JAR-VLA, VLA-Special Class Category, & 14 CFR part 23)
NATIONAL POLICY REF.: Order 8110.4A, Advisory Circulars
21.17-3 and 23.11-2 ISSUE STATUS: Open SUBJECT: Night-VFR Certification Basis BRANCH ACTION: As required
COMPLIANCE TARGET: Pre-ATC
Night-VFR Certification Basis
STATEMENT OF ISSUE:
Acme Aircraft Company (AAC) has applied for Night-VFR certification for the Model 123 airplane. The country of origin has certificated the Model 123 airplane to the JAR- VLA regulations. The applicable airworthiness regulations, including special conditions as necessary (i.e., the type certification basis), must be designated in accordance with 14 Code of Federal Regulations (CFR) part 21, § 21.101.
BACKGROUND:
The Model 123 is designed and manufactured by AAC. It is a fixed gear, two seat, sideby-side composite aircraft. A conventional elevator on the horizontal stabilizer provides pitch control. It uses a conventional yoke. The propulsion system consists of a TCM IO- 240-B engine and a McCauley fixed pitch propeller - both FAA certified. Its maximum weight is 1,500 pounds (680 kg).
If AAC requested Day-VFR operations only, the aircraft could be certificated as a § 21.17(b) aircraft in the VLA-Special Class category. This method of certification is described in Advisory Circular (AC) 21.17-3, Type Certification of Very Light Airplanes Under Federal Aviation Regulations § 21.17(b), which are eligible for Day-VFR operation only.
A1 However, AAC has made application to include Night-VFR certification in the U.S. type certificate of the Model 123 aircraft.
Appendix 1 FAA POSITION:
The applicable airworthiness regulations must be designated in accordance with § 21.101 of the Federal Aviation Regulations.
The four (4) FAA steps for updating the § 21.17(b) VLA-Special Class airplane to include night certification, as described in AC 23-11-A, are:
Step 1
Review the original application of the Model 123 to determine what the Federal Aviation Regulations part 23 certification basis would have been – which amendment level. Compare this amendment level with Federal Aviation Regulations part 23 amendment 42 (the amendment level of Federal Aviation Regulations part 23 when the JAR-VLA rules were adopted by the FAA) and review the effect on the basic JAR-VLA rules. Update the basic JAR-VLA rules as necessary to reflect the (application date) Federal Aviation Regulations 23 certification basis amendment level.
The application date was 11/11/94. This would have resulted in a certification basis of Federal Aviation Regulations part 23, amendment 46. There are no changes to the basic JAR-VLA as a result of Federal Aviation Regulations part 23, amendments 23-43 through 46.
Step 2
Where JAR-VLA and Federal Aviation Regulations part 23 contain the same rule number but they are substantively different, demonstrate compliance with the Federal Aviation Regulations part 23 rule, request an Equivalent Level of Safety finding, or an exemption, if applicable. AC 23-15 describes simplified methods of compliance for certain Federal Aviation Regulations part 23 requirements.
Listed in Table 1 below are the Federal Aviation Regulations part 23 rules that must be addressed and that are substantively different from the corresponding JAR-VLA rules.
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Appendix 1 TABLE 1
No. Federal Aviation Regulations part 23, amendment 23-46 1 23.45 Performance 2 23.77 Balked Landing 3 23.145 Longitudinal Control 4 23.561 Emerg. Landing Condition, General 5 23.572 Wing, Empennage, & Associated Structure 6 23.629 Flutter 7 23.677 Trim System 8 23.733 Tires 9 23.783 Doors 10 23.807 Emergency Exits 11 23.965 Fuel Tank Tests 12 23.971 Fuel Tank Sump 13 23.1309 Equipment, Systems, and Installations 14 23.1529 Instructions for Continued Airworthiness
Step 3
The JAR-VLA rules address most of the Federal Aviation Regulations part 23 rules that would be applicable for an airplane of this size. Review and address the differences between the JAR-VLA and Federal Aviation Regulations part 23 requirements (at the appropriate Federal Aviation Regulations part 23 amendment level – see Step 1).
Listed in Table 2 below are the Federal Aviation Regulations part 23, amendment 46 rules that must be addressed but are not contained in the JAR-VLA rules:
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Appendix 1 TABLE 2
No. Federal Aviation Regulations part 23, amendment 23-46 1 23.3 Special Retroactive Requirements 2 23.31 Removable Ballast 3 23.53 Takeoff Speeds 4 23.253 High Speed Characteristics 5 23.302 Canard or Tandem Wing Configurations 6 23.507 Jacking loads 7 23.509 Towing Loads 8 23.511 Ground Load; Unsymmetrical Loads on Multiple-Wheel Units 9 23.562 Emergency Landing Dynamic Conditions 10 23.573 Damage Tolerance and Fatigue Evaluation of Structure 11 23.851 Fire Extinguishers 12 23.867 Lightning Protection of Structure 13 23.954 Fuel System Lightning Protection 14 23.997 Fuel Strainer or Filter 15 23.1043 Cooling Tests 16 23.1107 Induction System Filters 17 23.1157 Carburetor Air Temperature Controls 18 23.1181 Designated Fire Zones; Regions Included 19 23.1311 Electronic Display Instrument Systems 20 23.1329 Automatic Pilot System 21 23.1335 Flight Director System 22 23.1391 Minimum Intensities in the Horizontal Plane of Position Lights 23 23.1393 Minimum Intensities in any Vertical Plane of Position Lights 24 23.1397 Color Specifications 25 23.1413 Safety Belts and Harnesses 26 23.1441 Oxygen Equipment and Supply 27 23.1443 Minimum Mass Flow of Supplemental Oxygen 28 23.1445 Oxygen Distribution System 29 23.1447 Equipment Standards for Oxygen Dispensing Units 30 23.1449 Means for Determining Use of Oxygen 31 23.1523 Minimum Flight Crew 32 23.1524 Maximum Passenger Seating Configuration 33 23.1527 Maximum Operating Altitude 34 23.1553 Fuel Quantity Indicator 35 23.1563 Airspeed Placards 36 23.1567 Flight Maneuver Placard
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Appendix 1
Step 4
The night specific Federal Aviation Regulations part 23 rules must be addressed.
The night specific Federal Aviation Regulations part 23, amendment 23-46 rules that must be addressed are listed in Table 3:
TABLE 3
No. Federal Aviation Regulations part 23, amendment 23-46 rule 1 23.1309 Equipment, Systems and Installations (listed in Table 2 also) 2 23.1321 Arrangement and Visibility 3 23.1351 Electrical Systems & Equipment, General 4 23.1357 Circuit Protection Devices 5 23.1381 Instrument Lights 6 23.1383 Landing Lights 7 23.1385 Position Light System Installation 8 23.1387 Position Light System Dihedral Angles 9 23.1389 Position Light Distribution and Intensities 10 23.1395 Maximum Intensities in Overlapping Beams of Position Lights 11 23.1401 Anticollision Light System 12 23.1431 Electronic Equipment 13 23.1525 Kinds of Operation 14 23.1555 Control Markings 15 23.1559 Operating Limitations Placards
If changes have been made which affect the noise level of the aircraft, compliance with part 36 will be required.
By performing Steps 1, 2, and 3 above, the airplane will have addressed the applicable FAR part 23 rules for Day-VFR operations. With the addition of Step 4, the aircraft will be eligible for Night-VFR operations.
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Appendix 1 A6 APPLICANT’S POSITION:
Compliance with the night specific rules (Step 4) will be demonstrated to the FAA at FAR 23, amendment 46. Steps 1, 2, and 3 in the FAA Position will be addressed with the FAA for resolution.
CONCLUSION:
AAC agrees with the FAA’s position as defined above.
________________________________________ _____________________________ Small Airplane Directorate Aircraft Certification Service
Date
CONTACTS:
TITLE NAME PHONE Originator A. Smith (816) 555-1212 Project Manager M. Jones (816) 555-1313 Project Officer F. Johnson (816) 555-1414