CONTENTS – (continued)
SECTION PAGE
4-2. I am an Aircraft Certification Office (ACO) Program Manager. Does an Issue Paper template exist that can be used for each JAR-VLA airplane that seeks
part 23 type certification?11
4-3. Is there a process that I should follow to receive FAA certification of my
product?12
4-4. Can I apply for a type certificate (TC) in the utility or acrobatic category?12
CHAPTER 5 – RULES OF INTEREST
5-1. Is there any additional information you can provide for 14 CFR, § 23.562,
Emergency Landing Dynamic Conditions?14
5-2. Is there any additional information you can provide for 14 CFR, § 23.572,
Metallic Wing, Empennage, and Associated Structure?15
5-3. Is there any additional information you can provide for 14 CFR, § 23.573,
Damage Tolerance and Fatigue Evaluation of Structure?16
5-4. Do I need to perform a flight flutter test?17
5-5. Is there any information you can provide for 14 CFR, § 23.1309,
Equipment, Systems, and Installation?17
CHAPTER 6 - BACKGROUND OF 14 CFR PART 23 AND JOINT AVIATION REQUIREMENTS – VERY LIGHT AIRPLANES
APPENDIX 1A1
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CHAPTER 1 - INTRODUCTION
1-1. Why is this AC being rewritten?
FAA Order 1320.46C “Advisory Circular System,” chapter 3, paragraph 9, states that an AC cannot add, reduce, or change the burden imposed by a regulation. However, some individuals misinterpreted the original release of AC 23-11. They believed the AC stated that certain small airplanes were exempt from or entitled to a positive finding of Equivalent Level of Safety (ELOS) to certain requirements. In addition, they believed this ELOS could be based solely on the physical characteristics of the airplane. To suggest that the AC could grant an ELOS or exemption would contradict FAA Order 1320.46C. This contradiction was not the intent of those individuals who wrote the original AC 23-11.
By revising this AC, we intend to clarify the issues that surround type certification of a JAR-VLA airplane.
1-2. What is the background behind the certification of very light airplanes?
For a description of the history and background on this subject, see Chapter 6 “Background - 14 CFR part 23 and Joint Aviation Requirements – Very Light Airplanes.”
1-3. What is a “JAR-VLA Airplane?”
Airplanes that meet the regulations specified in the European Joint Aviation Regulations – Very Light Airplanes (JAR-VLA) are known as JAR-VLA airplanes.
These airplanes must meet the following limitations:
• Single engine with spark or compression ignition
• Maximum occupancy of two (2)
• Maximum certificated takeoff weight of 1,654 pounds (750 Kg)
• Maximum power-off stall speed of 45 knots Calibrated Air Speed (CAS) in the landing configuration at maximum weight
• Normal category maneuvers only. Per JAR-VLA 3 and § 23.3(a), these maneuvers include:
Maneuvers incident to normal flying;
Stalls (except whip stalls); and,
Lazy eights, chandelles, and steep turns in which the angle of bank is not more than 60 degrees.
• Daytime Visual Flight Rule (Day-VFR) Operations only
1-4. Who is “you” and who is “we?”
In general, when the word “you” or “me” is used, it refers to the applicant. When the word “we” or “us” is used, it is referring collectively to the Federal Aviation Administration (FAA). When the terms “you” or “we” would be vague or non-specific, groups or individuals will be referenced by their unique title. For example, the formal title of Airplane Certification Office (ACO) will be used when referring to an action done specifically by the ACO.
1-5. What documents are related to this AC?
a. Orders, Federal Regulations, and ACs.
FAA Order 8110.4B, Type Certification
FAA Order 8100.5, Airplane Certification Directorate Procedures
FAA Order 1320.46C, Advisory Circular System
Title 14 Code of Federal Regulations (CFR) part 21 – Certification Procedures for Products and Parts
Title 14 Code of Federal Regulations, part 23 – Airworthiness Standards:
Normal, Utility, Acrobatic, and Commuter Category Airplanes, Subpart C – Structure
Title 14 Code of Federal Regulations, part 33 - Airworthiness Standards:
Aircraft Engines
Title 14 Code of Federal Regulations, part 35 – Airworthiness Standards:
Propellers
Title 14 Code of Federal Regulations, part 36 – Noise Standards: Aircraft Type and Airworthiness Certification
Title 14 Code of Federal Regulations, part 43 – Maintenance, Preventive Maintenance, Rebuilding, and Alteration
Title 14 Code of Federal Regulations, part 45 – Identification and Registration Marking
Title 14 Code of Federal Regulations, part 91 – General Operating and Flight Rules
FAA Report No. AFS-120-73-2, “Fatigue Evaluation of Wing and Associated Structure on Small Airplanes,” Federal Aviation Administration, Washington, D.C., 1973. (Available from the Small Airplane Directorate, 901 Locust, Suite 301, Kansas City, MO 64106.)
FAA Report, “Fatigue Evaluation of Empennage, Forward Wing and Winglet/Tip Fins on Part 23 Airplanes,” Federal Aviation Administration, Kansas City, Missouri. (Available from the Small Airplane Directorate, 901 Locust, Suite 301, Kansas City, MO 64106.)
Copies of the current publication of the ACs listed below can be obtained from the U.S. Department of Transportation, Subsequent Distribution Office, DOT Warehouse, SVC 121.23, Ardmore East Business Center, 3341Q 75th Avenue, Landover, MD 20785:
AC 20-73, Aircraft Ice Protection, dated April 21, 1971
AC 20-107A, Composite Aircraft Structure, dated April 25, 1984
AC 21.17-3, Type Certification of Very Light Airplanes Under FAR § 21.17(b), dated December 21, 1992
AC 23-8A, Flight Test Guide for Certification of Part 23 Airplanes, dated February 9, 1989
AC 23-15, Small Airplane Certification Compliance Program, dated January 2, 1997
AC 23.143-1, Ice Contaminated Tailplane Stall (ICTS), dated December 20, 2001
AC 23.1309-1C, Equipment, Systems, and Installations In Part 23 Airplanes, dated March 12, 1999
AC 23.1419-2B, Certification of Part 23 Airplanes for Flight in Icing Conditions, dated September 26, 2002
b. Other References.
JAA Joint Aviation Requirements for Very Light Aeroplanes (JAR-VLA)
JAA Joint Aviation Requirements for Engines, JAR-E
JAA Joint Aviation Requirements for Propellers, JAR-P
Society of Automotive Engineers Aerospace Standard AS8049A, Performance Standards for Seats in Civil Rotorcraft, Transport Aircraft, and General Aviation Aircraft, dated September 1997
Aircraft Crash Survival Design Guide, Volume 1 – Design Criteria and Checklist, Report Number USAAVSCOM TR 89-D-22A, US Army Aviation Systems Command, dated December 1989
1-6. Definitions JAR-VLA: Joint Aviation Requirements – Very Light Airplanes (or Aeroplanes), prescribe the airworthiness criteria leading to issuance of a type certificate as instituted by the Joint Airworthiness Authorities (JAA) for certain very light airplanes. The requirements are based on Title 14 CFR part 23.
Special Class Airplane: A special class airplane is an airplane, which may include the installed engines and propellers, for which airworthiness standards have not been issued under 14 CFR part 21 Subpart B – Type Certificates. Following 14 CFR part 21, § 21.17(b), applicable airworthiness requirements are those portions of parts 23, 25, 27, 29, 31, 33, and 35 found appropriate by the Administrator for the airplane.
The Administrator may also use airworthiness criteria that provide an equivalent level of safety to those parts.
Normal and Utility Category: Categories of airplanes whose airworthiness standards are defined in 14 CFR part 23. Any JAR-VLA airplane that seeks night VFR or IFR capability must satisfy the requirements listed under part 23 for one of these categories. One of the requirements of part 23 is that the airplane must be equipped with a powerplant and propeller type certificated to 14 CFR parts 33 and 35, respectively.
Equivalent Level of Safety (ELOS) Finding: The FAA will grant a positive finding of ELOS when it determines that an applicant’s design does not demonstrate literal compliance to an FAA requirement, but does satisfy the intent of the requirement. A positive finding of ELOS shows no reduction in safety. Title 14 CFR § 21.21(b) permits ELOS findings, and the Small Airplane Directorate has authority over all ELOS findings to any part 23 rule. An ELOS finding is NOT a public process.
In addition, per AC 21.17-3, the Small Airplane Directorate has been assigned national technical policy standardization functions (which includes ELOS findings) concerning the use of JAR-VLA in the U.S., including the type certification of VLA as special class aircraft under 14 CFR § 21.17(b).
Exemption: Exemptions are a public process where the applicant seeks relief from a specific FAA requirement, as guided by 14 CFR § 11.81. The applicant must show that the exemption is in the public interest and that safety is not adversely affected.
The process for seeking an exemption, as described in 14 CFR § 11.81, is more formal than a finding for ELOS.
CHAPTER 2 - DAYTIME VISUAL FLIGHT RULE (DAY-VFR) OPERATIONS We do not prescribe airworthiness standards specific to very light airplanes (as defined in this AC). However, 14 CFR § 21.17(b) does allow the FAA to use airworthiness criteria that provide an equivalent level of safety appropriate for the airplane. Therefore, you may seek certification of a JAR-VLA airplane as a Special Class airplane under 14 CFR § 21.17(b). In this case, the JAR-VLA regulations serve as the airworthiness criteria.
Airplanes certificated to JAR-VLA standards under 14 CFR § 21.17(b) are limited to the conditions stated in JAR-VLA, which includes the limitation of Day-VFR operations only.
2-1. I am an applicant and my airplane is certificated to JAR-VLA regulations.
Am I automatically eligible for a Special Class Type Certificate?
No. If you are a foreign (non-United States) applicant, you must earn a Special Class Type Certificate, as required by 14 CFR § 21.29. This is referred to as the validation process.
If you are a United States (U.S.) applicant, and you design your aircraft to the JAR-VLA regulations, you must still earn a Special Class Type Certificate per 14 CFR § 21.17 and § 21.21.
The AC will assume, from this point forward, that an applicant (either foreign or U.S.)
has received a Special Class Type Certificate.
2-2. My airplane is certificated to JAR-VLA regulations. My engine and propeller are certificated to 14 CFR parts 33 and 35 (or JAR-E and JAR-P), respectively. I desire daytime Visual Flight Rule operations only. How does this affect me?
This airplane is eligible for a Standard Airworthiness Certificate, Special Class, under 14 CFR § 21.175(a). It is important to note that JAR-VLA is limited to Daytime Visual Flight Rules (Day-VFR) operations only. Therefore, an airplane certificated under these standards is limited to Day-VFR operations.
2-3. My airplane is certificated to JAR-VLA regulations. My engine and propeller are certificated to JAA JAR-22 subparts H and J. I desire daytime Visual Flight Rule operations only. How does this affect me?
JAR-VLA permits the use of engines and propellers that meet the powerplant airworthiness requirements of JAA JAR-22 Sailplanes and Powered Sailplanes, subparts H and J. This is known as approving the engine and propeller as an integral part of the airplane.
This airplane is eligible for a Standard Airworthiness Certificate, Special Class, under 14 CFR § 21.175(a). In addition, this airplane is limited to Daytime Visual Flight Rules (Day-VFR) operations only.
2-4. For Day-VFR operations, does it make a difference if the engine and propeller are certificated to either JAR-22 subparts H and J, 14 CFR parts 33 and 35, or JAR-E and JAR-P?
No, it does not. For Day-VFR operations only, it doesn’t matter if the engine and propeller are certificated to 14 CFR parts 33 and 35, JAR-22 subparts H and J, or JAR-E and JAR-P.
2-5. Are there any differences in operational limitations between JAR-VLA airplanes certificated with a JAR-22 engine and propeller, a 14 CFR parts 33 and 35 engine and propeller, or a JAR-E and JAR-P engine and propeller?
All of these airplanes are eligible for a Standard Airworthiness Certificate, Special Class, under 14 CFR § 21.175(a). Each of these airplanes share the same operational limitation, they are all limited to Day-VFR operations. (See Section 3 for information regarding Night-VFR or IFR operations).
2-6. My airplane is certificated to JAR-VLA regulations. My engine and propeller are certificated to JAR-22 subparts H and J. Is this airplane eligible for a part 23 type certificate (TC)?
No, your airplane is not eligible for a part 23 TC. Only those JAR-VLA airplanes equipped with an engine and propeller certificated to 14 CFR parts 33 and 35, respectively, would receive further consideration.
Another way to say this would be:
A necessary, but not the only condition for a part 23 TC, is that the airplane have an engine and propeller certificated to 14 CFR parts 33 and 35, respectively.
2-7. I understand the JAR-VLA requirements are based on the 14 CFR part 23 regulations. Is that true?
Yes, that is true. The JAA issued “Joint Aviation Requirements for Very Light Aeroplanes,” also known as JAR-VLA, in April 1990. The substance of these regulations has much in common with 14 CFR part 23. However, 14 CFR part 23 contains requirements for several airplane categories. Therefore, changes and deletions to these rules were made when the JAA identified requirements as either impractical or unnecessary for safety, given the design features of JAR-VLA airplanes.
CHAPTER 3 - NIGHTTIME VISUAL FLIGHT RULE (NIGHT-VFR) AND
INSTRUMENT FLIGHT RULE (IFR) OPERATIONS
3-1. I would like to fly my U.S. Type Certificated JAR-VLA airplane in Night- VFR conditions. Does my Standard Airworthiness Certificate, Special Class allow me to do that?
No, JAR-VLA airplanes are restricted to Day-VFR operations only.
3-2. I would like to fly my U.S. Type Certificated JAR-VLA airplane in IFR conditions. Does my Standard Airworthiness Certificate, Special Class allow me to do that?
No, JAR-VLA airplanes are restricted to Day-VFR operations only.
3-3. What do I need to do to update my JAR-VLA airplane to fly in Night-VFR or IFR conditions?
• Equip the airplane with an engine certificated to 14 CFR part 33;
• Equip the airplane with a propeller certificated to 14 CFR part 35;
• Obtain a part 23 TC.
3-4. If I go through the part 23 certification process to permit Night-VFR or IFR operations, will the Type Certification Data Sheet (TCDS) reflect part 23 or § 21.17?
The TCDS will reflect a part 23 certification basis. The airplane is certificated under part 23, not the special class category under 14 CFR § 21.17.
3-5. To be clear, is it correct to state “To fly my U.S. Type Certificated JAR-VLA airplane in Night-VFR or IFR conditions, the airplane must be certificated under part 23?”
Yes, that is correct. A manufacturer of a JAR-VLA airplane that desires operations in Night-VFR or IFR conditions must apply for a 14 CFR part 23 normal or utility category TC. The amendment level for the part 23 TC is the amendment level that is current on the date of application, as required by 14 CFR § 21.17. The operation of these airplanes is limited to normal or utility category maneuvers. Applicants seeking utility category certification must address aircraft spin and more stringent structural design criteria.
Reference 14 CFR part 23 for further information.
Appendix 1 provides an example of the regulations that govern Night-VFR operations, valid at Amendment level 23-46. However, this list will likely change depending upon the actual certification basis of your airplane. Chapter 4 of this AC explains how we develop the part 23 certification basis for JAR-VLA airplanes.
Appendix 1 serves only as an example of how to document the certification basis. There may be additional part 23 rules, not identified in Appendix 1, required for IFR operations.
3-6. I am seeking approval for flight in icing conditions. I know I will need to earn a part 23 TC, showing compliance to the part 23 rules applicable for IFR operations. Are there additional rules I will need to address for flight in icing conditions?
Yes. As of amendment level 23-50, an applicant that seeks approval for flight in icing conditions will need to show compliance, as a minimum, to the following rules:
14 CFR Part 23 Rule Title
23.775(f) Windshields and windows
23.929 Engine installation ice protection
23.1095* Carburetor deicing fluid flow rate
23.1097* Carburetor deicing fluid system capacity
23.1099* Carburetor deicing fluid system detail design
23.1323(d) Airspeed indicating system
23.1325(g) Static pressure system
23.1326 Pitot heat indication systems
23.1416* Pneumatic de-icer boot system
23.1419 Ice protection
* If applicable
The following ACs provide additional information:
• AC 20-73 Aircraft Ice Protection
• AC 23.143-1 Ice Contaminated Tailplane Stall
• AC 23.1419-2B Certification of Part 23 Airplanes for Flight in Icing Conditions
3-7. Where can I find additional information on the various Airworthiness Certificates available for these types of airplanes?
AC 21.17-3, Type Certification of Very Light Airplanes Under FAR 21.17(b), should be consulted for further information. It provides guidance on the Airworthiness Certificates available for JAR-VLA airplanes, depending upon the purpose of the airplane and its airworthiness standard.
CHAPTER 4 - 14 CFR PART 23 TYPE CERTIFICATION
4-1. How is the part 23 certification basis for my JAR-VLA airplane established?
There are four (4) steps that you (the applicant) and we (the FAA) must execute to establish a part 23 TC certification basis for airplanes originally certificated under § 21.17(b), Special Class. These four steps are discussed below.
STEP 1 Differences in Part 23 Due to Amendment Levels
The certification basis for any JAR-VLA airplane seeking a part 23 TC is the part 23 amendment level in effect at the time of application for certification. We will make a comparison between the part 23 requirements at this amendment level and the JAR-VLA regulations (dated April 26, 1990).
We will identify those part 23 rules that are part of the current amendment level, are applicable to JAR-VLA airplanes, and were not in effect in April 1990. You will need to demonstrate compliance to these additional part 23 rules.
You can show compliance to a part 23 rule by one of the following actions:
• Literal compliance;
• ELOS; or
• Exemption.
A formal process exists that governs a showing of compliance to a part 23 regulation by use of an ELOS or an exemption. Both require coordination with the Small Airplane Directorate (the Directorate). Further information on the ELOS process can be located in FAA Order 8110.4B, paragraph 2-10. 14 CFR part 11, § 11.81 gives additional information on the exemption process.
STEP 2 JAR-VLA and Part 23 Regulations – Content Difference
There are rules present in JAR-VLA and in 14 CFR part 23 that have the same rule number and section title, but they are substantively different in content. That is, these two regulatory documents prescribe a different level of safety for the same rule.
An established method exists that identifies and resolves significant regulatory and administrative differences: the Issue Paper (Reference FAA Order 8100.5, Appendix 3).
Once documented in the Issue Paper, the FAA-ACO, the Directorate, and the Applicant can work to reach a satisfactory resolution to those JAR-VLA and part 23 rules that provide different levels of safety.