70074 Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 

19 49 CFR 571.205. 

20We assume Terrafugia is referring to 

certification as Item 1 glazing, or traditional 

laminated safety glass. 21 49 CFR 571.208. 

6 pounds of weight to the Transition®

(i.e., assuming weight could not be 

removed elsewhere in the vehicle). 

Second, an ESC system poses a flight 

risk because by design an ESC system 

may automatically cut the engine power 

when activated in a vehicle, which 

would create a single point failure that 

could shut down the Transition’s®

engine in flight. Terrafugia believes that 

this additional flight risk outweighs the 

benefit of the ESC system to braking 

performance on the ground. Terrafugia 

states that it currently does not have the 

technical or financial resources to 

independently develop an ESC system 

for its dual purpose vehicle and, to date, 

potential vendors have been unwilling 

to provide an ESC system for use on the 

Transition® because it is an aircraft. 

C. FMVSS No. 205, Glazing Materials, 

Section S5 19

Terrafugia seeks an exemption from 

the glazing material requirements of 

FMVSS No. 205, S5 (‘‘Requirements’’), 

which affect the Transition’s®

windshield and side windows. 

Terrafugia states that installing 

compliant glazing materials, such as 

traditional laminated safety glass, would 

result in a weight penalty of 29 pounds 

(13.2 kg). The company contends that it 

may not be able to remove this 

additional weight without 

compromising the safety of existing 

crash protection structures. Further, 

Terrafugia states that traditional 

automotive glazing materials, when 

subjected to loading similar to a bird 

strike in flight, either shatter, exposing 

the occupants to the free-stream air, or 

craze to a level that would substantially 

inhibit the pilots view. 

Alternatively, Terrafugia plans to 

install polycarbonate glazing material, 

which is normally used in aircraft, and 

withstands aircraft bird strikes well. 

According to the petition, the 

polycarbonate material has passed 

intrusion tests without cracking, but 

Terrafugia is still pursuing options for 

scratch-resistant coating that can be 

certified to tier 1 glass.20 In the 

meantime, Terrafugia intends to require 

that the Transition’s® windshield be 

subject to regular inspections and 

contends that Transition® owners, as 

pilots, already are accustomed to strict 

maintenance standards. Terrafugia 

states that the exemption period will 

allow it to continue working on the 

capacity of modern coated 

polycarbonate glazing materials to be 

certified to the FMVSS requirements. 

D. FMVSS No. 208, Occupant Crash 

Protection, Section S14 (Advanced Air 

Bags) 21

Terrafugia seeks an exemption from 

the advanced air bag requirements of 

FMVSS No. 208 (S14) because the 

company currently does not have the 

financial resources to design and install 

an advanced air bag system. The 

company, however, intends to install 

basic air bags in the Transition®. 

Terrafugia states that the Transition®

also will be equipped with a carbon 

fiber omega beam ‘‘safety cage’’ 

surrounding the passenger 

compartment, energy-absorbing crush 

structures, seat belts, and other 

necessary passenger safety equipment 

not traditionally installed in LSA. 

According to the petition, Terrafugia 

anticipates using the sales revenue to 

pursue the development of an advanced 

air bag system, ideally one that would 

be able to differentiate between the 

needs of an automotive crash and an 

aviation crash. 

V. Request for Comments 

We are providing a 30-day comment 

period and instructions for submitting 

comments are described in the 

‘‘COMMENTS’’ section of this notice. As 

described in Terrafugia’s petition, the 

Transition® offers a pilot an alternative 

mode of transportation during periods 

of inclement weather, allowing the pilot 

to drive on roads rather than fly the 

vehicle. Given the safety features for 

which Terrafugia seeks exemption, 

NHTSA specifically seeks comment on 

whether the safety benefits of reducing 

weather-related accidents for flights of 

the Transition® in inclement weather 

outweigh the safety risks associated 

with road use of the Transition® in 

inclement weather. NHTSA further 

seeks comment on the likelihood that a 

child would be a passenger in the 

Transition® (i.e., there is one front 

passenger seat and no rear seats) to 

evaluate the safety risks posed by 

noncompliance with the advanced air 

bag requirements. 

Issued on: November 9, 2010. 

Nathaniel Beuse, 

Director, Office of Crash Avoidance 

Standards. 

[FR Doc. 2010–28732 Filed 11–15–10; 8:45 am] 

BILLING CODE 4910–59–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

Consensus Standards, Light-Sport 

Aircraft 

AGENCY: Federal Aviation 

Administration, DOT. 

ACTION: Notice of availability; request 

for comments. 

SUMMARY: This notice announces the 

availability of seven revised consensus 

standards to previously accepted 

consensus standards relating to the 

provisions of the Sport Pilot and LightSport Aircraft rule issued July 16, 2004, 

and effective September 1, 2004. ASTM 

International Committee F37 on Light 

Sport Aircraft developed the revised 

standards with Federal Aviation 

Administration (FAA) participation. By 

this notice, the FAA finds the revised 

standards acceptable for certification of 

the specified aircraft under the 

provisions of the Sport Pilot and LightSport Aircraft rule. 

DATE: Comments must be received on or 

before January 18, 2011. 

ADDRESSES: Comments may be mailed 

to: Federal Aviation Administration, 

Small Airplane Directorate, Programs 

and Procedures Branch, ACE–114, 

Attention: Terry Chasteen, Room 301, 

901 Locust, Kansas City, Missouri 

64106. Comments may also be e-mailed 

to: 9-ACE-AVR-LSA-Comments@faa.gov. 

All comments must be marked: 

Consensus Standards Comments, and 

must specify the standard being 

addressed by ASTM designation and 

title. 

FOR FURTHER INFORMATION CONTACT: 

Terry Chasteen, Light-Sport Aircraft 

Program Manager, Programs and 

Procedures Branch (ACE–114), Small 

Airplane Directorate, Aircraft 

Certification Service, Federal Aviation 

Administration, 901 Locust, Room 301, 

Kansas City, Missouri 64106; telephone 

(816) 329–4147; e-mail: 

terry.chasteen@faa.gov. 

SUPPLEMENTARY INFORMATION: This 

notice announces the availability of 

seven revised consensus standards to 

previously accepted consensus 

standards relating to the provisions of 

the Sport Pilot and Light-Sport Aircraft 

rule. ASTM International Committee 

F37 on Light Sport Aircraft developed 

the new and revised standards. The 

FAA expects a suitable consensus 

standard to be reviewed at least every 

two years. The two-year review cycle 

will result in a standard revision or 

reapproval. A standard is issued under 

a fixed designation (i.e., F2244); the 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 220 / Tuesday, November 16, 2010 / Notices 70075 

number immediately following the 

designation indicates the year of 

original adoption or, in the case of 

revision, the year of last revision. A 

number in parentheses indicates the 

year of last reapproval. A reapproval 

indicates a two-year review cycle 

completed with no technical changes. A 

superscript epsilon (e) indicates an 

editorial change since the last revision 

or reapproval. A notice of availability 

(NOA) will only be issued for new or 

revised standards. Reapproved 

standards issued with no technical 

changes or standards issued with 

editorial changes only (i.e., superscript 

epsilon (e)) are considered accepted by 

the FAA without need for a NOA. 

Comments Invited: Interested persons 

are invited to submit such written data, 

views, or arguments, as they may desire. 

Communications should identify the 

consensus standard number and be 

submitted to the address specified 

above. All communications received on 

or before the closing date for comments 

will be forwarded to ASTM 

International Committee F37 for 

consideration. The standard may be 

changed in light of the comments 

received. The FAA will address all 

comments received during the recurring 

review of the consensus standard and 

will participate in the consensus 

standard revision process. 

Background: Under the provisions of 

the Sport Pilot and Light-Sport Aircraft 

rule, and revised Office of Management 

and Budget (OMB) Circular A–119, 

‘‘Federal Participation in the 

Development and Use of Voluntary 

Consensus Standards and in Conformity 

Assessment Activities’’, dated February 

10, 1998, industry and the FAA have 

been working with ASTM International 

to develop consensus standards for 

light-sport aircraft. These consensus 

standards satisfy the FAA’s goal for 

airworthiness certification and a 

verifiable minimum safety level for 

light-sport aircraft. Instead of 

developing airworthiness standards 

through the rulemaking process, the 

FAA participates as a member of 

Committee F37 in developing these 

standards. The use of the consensus 

standard process assures government 

and industry discussion and agreement 

on appropriate standards for the 

required level of safety. 

Comments on Previous Notices of 

Availability 

In the Notice of Availability (NOA) 

issued on October 1, 2009, and 

published in the Federal Register on 

October 15, 2009, the FAA asked for 

public comments on the new and 

revised consensus standards accepted 

by that NOA. The comment period 

closed on December 14, 2009. No public 

comments were received regarding the 

standards accepted by this NOA. 

Consensus Standards in This Notice of 

Availability 

The FAA has reviewed the standards 

presented in this NOA for compliance 

with the regulatory requirements of the 

rule. Any light-sport aircraft issued a 

special light-sport airworthiness 

certificate, which has been designed, 

manufactured, operated and maintained 

in accordance with this and previously 

accepted ASTM consensus standards, 

provides the public with the appropriate 

level of safety established under the 

regulations. Manufacturers who choose 

to produce these aircraft and certificate 

these aircraft under 14 CFR part 21, 

§§ 21.190 or 21.191 are subject to the 

applicable consensus standard 

requirements. The FAA maintains a 

listing of all accepted standards on the 

FAA Web site. 

The Revised Consensus Standard and 

Effective Period of Use 

The following previously accepted 

consensus standards have been revised, 

and this NOA is accepting the later 

revision. Either the previous revision or 

the later revision may be used for the 

initial certification of special light-sport 

aircraft until May 11, 2011. This 

overlapping period of time will allow 

aircraft that have started the initial 

certification process using the previous 

revision level to complete that process. 

After May 11, 2011, manufacturers must 

use the later revision and must identify 

the later revision in the Statement of 

Compliance for initial certification of 

special light-sport aircraft unless the 

FAA publishes a specific notification 

otherwise. The following Consensus 

Standards may not be used after May 11, 

2011: 

ASTM Designation F2244–08, titled: 

Standard Specification for Design of 

Powered Parachute Aircraft. 

ASTM Designation F2317/F2317M– 

05, titled: Standard Specification for 

Design of Weight-Shift-Control Aircraft. 

ASTM Designation F2352–05, titled: 

Standard Specification for Design and 

Performance of Light Sport Gyroplane 

Aircraft. 

ASTM Designation F2355–05a, titled: 

Standard Specification for Design and 

Performance Requirements for LighterThan-Air Light Sport Aircraft. 

ASTM Designation F2415–06, titled: 

Standard Practice for Continued 

Airworthiness System for Light Sport 

Gyroplane Aircraft. 

ASTM Designation F2449–05, titled: 

Standard Specification for Manufacturer 

Quality Assurance Program for Light 

Sport Gyroplane Aircraft. 

ASTM F2564–06, titled: Standard 

Specification for Design and 

Performance of a Light Sport Glider. 

The Consensus Standards 

The FAA finds the following revised 

consensus standards acceptable for 

certification of the specified aircraft 

under the provisions of the Sport Pilot 

and Light-Sport Aircraft rule. The 

following consensus standards may be 

used unless the FAA publishes a 

specific notification otherwise: 

a. ASTM Designation F2244–10, 

titled: Standard Specification for Design 

of Powered Parachute Aircraft. 

b. ASTM Designation F2317/F2317M– 

10, titled: Standard Specification for 

Design of Weight-Shift-Control Aircraft. 

c. ASTM Designation F2352–09, 

titled: Standard Specification for Design 

and Performance of Light Sport 

Gyroplane Aircraft. 

d. ASTM Designation F2355–10, 

titled: Standard Specification for Design 

and Performance Requirements for 

Lighter-Than-Air Light Sport Aircraft. 

e. ASTM Designation F2415–09, 

titled: Standard Practice for Continued 

Airworthiness System for Light Sport 

Gyroplane Aircraft. 

f. ASTM Designation F2449–09, titled: 

Standard Specification for Manufacturer 

Quality Assurance Program for Light 

Sport Gyroplane Aircraft. 

g. ASTM F2564–10, titled: Standard 

Specification for Design and 

Performance of a Light Sport Glider. 

Availability 

These consensus standards are 

copyrighted by ASTM International, 100 

Barr Harbor Drive, P.O. Box C700, West 

Conshohocken, PA 19428–2959. 

Individual reprints of a standard (single 

or multiple copies, or special 

compilations and other related technical 

information) may be obtained by 

contacting ASTM at this address, or at 

(610) 832–9585 (phone), (610) 832–9555 

(fax), through service@astm.org (e-mail), 

or through the ASTM Web site at 

http://www.astm.org. To inquire about 

standard content and/or membership, or 

about ASTM International Offices 

abroad, contact Daniel Schultz, Staff 

Manager for Committee F37 on Light 

Sport Aircraft: (610) 832–9716, 

dschultz@astm.org. 

Issued in Kansas City, Missouri, on 

November 4, 2010. 

James E. Jackson, 

Acting Manager, Small Airplane Directorate, 

Aircraft Certification Service. 

[FR Doc. 2010–28759 Filed 11–15–10; 8:45 am] 

BILLING CODE 4910–13–P 

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