This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

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REGISTER issue of each week.

Rules and Regulations Federal Register

68687 

Vol. 78, No. 221 

Friday, November 15, 2013 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 21 

Final Additional Airworthiness Design 

Standards: Advanced Avionics Under 

the Special Class (JAR–VLA) 

Regulations; Aquila Aviation by 

Excellence GmbH, Model AT01–100 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Issuance of airworthiness design 

standards. 

SUMMARY: This document is an issuance 

of the final airworthiness design criteria 

for the inclusion of advance avionics 

with integrated electronic displays for 

the Aquila Aviation by Excellence 

GmbH AT01–100. These additional 

provisions are expansions of the 

existing JAR–VLA (Joint Aviation 

Requirements—Very Light Aircraft) and 

CS–VLA regulations as the current 

regulations do not adequately address 

these types of systems. The current 

regulations only address traditional 

federated gauges. The European 

Aviation Safety Agency (EASA) has not 

expanded the VLA regulations for these 

types of installation on these types of 

airplanes through EASA special 

conditions or new regulations. These 

Federal Aviation Administration (FAA) 

design criteria help initiate standards 

for this type of airplane without being 

over burdensome and to encourage 

EASA to follow suit. 

DATES: Effective November 15, 2013. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Doug Rudolph, Aerospace Engineer, 

Standards Office (ACE–112), Small 

Airplane Directorate, Aircraft 

Certification Service, FAA; telephone 

number (816) 329–4059, fax number 

(816) 329–4090, email at doug.rudolph@

faa.gov. 

SUPPLEMENTARY INFORMATION: Any 

person may obtain a copy of this 

information by contacting the person 

named above under FOR FURTHER

INFORMATION CONTACT. 

Background 

The original certification of the 

aircraft was done under the provisions 

of 14 CFR 21.29, as a § 21.17(b), special 

class aircraft, JAR–VLA, using the 

requirements of JAR–VLA Amendment 

VLA/92/01 as developed by the Joint 

Aviation Authority, and under Title 14 

of the Code of Federal Regulations and 

two additional design criteria issued on 

September 2, 2003 (68 FR 56809). 

The regulation applicable to the 

Amended Type Certificate (TC) 

approval is § 21.17(b). This section 

describes the regulatory basis for the 

approval of JAR–VLA and CS–VLA 

aircraft as a special class. Policy on this 

subject includes AC 23–11B and AC 

21.17–3. 

FAA policy expressed in AC 23–11B 

and AC 21.17–3 limits JAR–VLA and 

CS–VLA aircraft approved under 

§ 21.17(b), to Day-VFR operations. 

Additionally, the FAA also published 

design criteria to allow expansion of the 

Aquila AT01–100 airplane to include 

Night-VFR as shown in NPRM 75 FR 

32576. In conjunction with the 

expansion to Night-VFR operations 

integrated avionic displays are to be 

installed on the Aquila AT01–100 

airplane. 

EASA allowed the applicant to 

comply with CS–23 regulations for the 

integrated avionic displays installed on 

the Aquila AT01–100 airplane and 

made them part of the EASA 

certification basis, but did not publish 

these additional requirements as Special 

Conditions as they did for the NightVFR expansion. The FAA’s system does 

not allow this type of additional 

requirements, such as 14 CFR part 23 

regulations, to be added to a special 

class, § 21.17(b) airplane without being 

publically noticed either through design 

criteria or expansion of the existing AC 

23–11B. This is the reason for this 

design criteria notification. 

The FAA has concluded that it is 

acceptable to allow advanced integrated 

avionic systems for certification on the 

Aquila Model AT01–100 under the 

special class amended TC project 

AT00651CE–A, provided the applicant 

complies with the below listed design 

criteria based on existing part 23 

regulations at the described amendment 

levels. Revisions to AC 23–11B and AC 

21.17–3 will be made to address future 

airplanes that wish to allow these 

installations. 

To satisfy the additional required 

design criteria for the Special Class 

(JAR–VLA) Regulations of § 21.17(b), 

Aquila Aviation by Excellence GmbH 

has agreed with the FAA to use the 14 

CFR part 23 regulations for their Model 

AT01–100, as shown on the FAA G–1 

Issue Paper. The applicable criteria for 

the installation of advanced avionic 

displays on the Aquila AT01–100 are as 

follows: 

14 CFR 23.1307 at amendment 23–49, 

‘‘Miscellaneous Equipment’’ 

14 CFR 23.1311 at amendment 23–62, 

‘‘Electronic Display Instrument 

Systems’’ 

14 CFR 23.1321 at amendment 23–49, 

‘‘Arrangement and visibility’’ 

14 CFR 23.1359 at amendment 23–49, 

‘‘Electrical System Fire Protection’’. 

In addition to the above four 

regulations that will be used for design 

criteria, the FAA has also develop a 

method of compliance (MOC) issue 

paper for VLA–1309 for this type of 

installation. 

Discussion of Comments 

Existence of proposed airworthiness 

standards for acceptance under 14 CFR 

part 21 § 21.17(b), special class aircraft, 

JAR–VLA; the AQUILA Model AT01– 

100 was published in the Federal 

Register on September 6, 2013, (78 FR 

54792). One comment was received 

from Mr. Alfred Schmiderer from 

Aquila GmbH. Mr. Schmiderer 

requested that showing of compliance to 

the added regulation 14 CFR 23.867(c) 

as shown in the NPRM, would require 

a total redesign of the aircraft 

concerning the lightning protection 

system. For a composite aircraft like 

AQUILA AT01–100 this would require, 

dependent on the results of a ‘‘zoning 

analysis’’, the installation of a 

protection system (meshing, strapping 

of components) which is far beyond the 

requirements of CS–VLA 857 ‘‘Electrical 

Bonding’’ to which compliance was 

shown in the basic certification. A 

redesign of that kind, postulated by a 

change of instruments from analog to 

electronic glass displays only without 

changing the kind of operation, is a 

burden too big for the benefit gained by 

the change. As the aircraft is still 


emcdonald on DSK67QTVN1PROD with RULES
68688 Federal Register / Vol. 78, No. 221 / Friday, November 15, 2013 / Rules and Regulations 

operated as before the change under 

VMC, safety in relation to lightning 

effects is not diminished by installing a 

‘‘glass cockpit’’. An operation in IMC, 

which would to our mind require a 

lightning protection system in 

accordance with FAR 23.867(c), is not 

considered and not permitted (reference 

AFM). For these reasons AQUILA 

proposes to remove the added 

requirement 14 CFR 23.867 from the 

Airworthiness Design Standards as 

listed in the NPRM. 

The FAA agrees with the commenter 

and has removed the added design 

criteria of 14 CFR part 23.867 at 

amendment 23–49. The final applicable 

design criteria for the installation of 

advanced avionic displays on the 

Aquila AT01–100 are the addition four 

14 CFR part 23 regulations as shown 

above. 

Applicability 

As discussed above, these 

airworthiness design standards under 

the special class, JAR–VLA rule are 

applicable to the Aquila AT01–100 

model and future JAR–VLA (CS–VLA) 

models on FAA TCDS A51CE. 

Conclusion 

This action affects only certain 

airworthiness design standards on 

Aquila AT01–100 model and future 

JAR–VLA model airplanes shown on 

FAA TCDS A51CE. It is not a standard 

of general applicability and it affects 

only the applicant who applied to the 

FAA for approval of these features on 

the airplane. 

Citation 

The authority citation for these 

airworthiness standards is as follows: 

Authority: 49 U.S.C. 106(g), 40113 and 

44701. 

Issued in Kansas City, Missouri on October 

28, 2013. 

Earl Lawrence, 

Manager, Small Airplane Directorate, Aircraft 

Certification Service. 

[FR Doc. 2013–26910 Filed 11–14–13; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2013–0870; Directorate 

Identifier 2013–NM– 166–AD; Amendment 

39–17657; AD 2013–23–02] 

RIN 2120–AA64 

Airworthiness Directives; EADS CASA 

(Type Certificate Previously Held by 

Construcciones Aeronauticas, S.A.) 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

EADS CASA (Type Certificate 

previously held by Construcciones 

Aeronauticas, S.A.) Model CN–235, CN– 

235–100, CN–235–200, CN–235–300, 

and C–295 airplanes. This AD requires 

inspection of the feeder cables of certain 

fuel booster pumps for damage 

(including, but not limited to, signs of 

electrical arcing and fuel leaks), and 

replacement if necessary. This AD was 

prompted by a report of an in-flight 

problem with the fuel transfer system. 

We are issuing this AD to detect and 

correct damage to certain fuel booster 

pumps, which could create an ignition 

source in the fuel tank vapor space, and 

result in a fuel tank explosion and 

consequent loss of the airplane. 

DATES: This AD becomes effective 

December 2, 2013. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of December 2, 2013. 

We must receive comments on this 

AD by December 30, 2013. 

ADDRESSES: You may send comments by 

any of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: (202) 493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, 

M–30, West Building Ground Floor, 

Room W12–140, 1200 New Jersey 

Avenue SE., Washington, DC, between 9 

a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. 

For service information identified in 

this AD, contact EADS CASA, Military 

Transport Aircraft Division (MTAD), 

Integrated Customer Services (ICS), 

Technical Services, Avenida de Arago ́n 

404, 28022 Madrid, Spain; telephone 

+34 91 585 55 84; fax +34 91 585 55 05; 

email MTA.TechnicalService@

casa.eads.net; Internet http:// 

www.eads.net. You may view this 

referenced service information at the 

FAA, Transport Airplane Directorate, 

1601 Lind Avenue SW., Renton, WA. 

For information on the availability of 

this material at the FAA, call 425–227– 

1221. 

Examining the AD Docket 

You may examine the AD docket on 

the Internet at http:// 

www.regulations.gov; or in person at the 

Docket Management Facility office 

between 9 a.m. and 5 p.m., Monday 

through Friday, except Federal holidays. 

The AD docket contains this AD, the 

regulatory evaluation, any comments 

received, and other information. The 

street address for the Docket Operations 

office (telephone (800) 647–5527) is in 

the ADDRESSES section. Comments will 

be available in the AD docket shortly 

after receipt. 

FOR FURTHER INFORMATION CONTACT: 

Shahram Daneshmandi, Aerospace 

Engineer, International Branch, ANM– 

116, Transport Airplane Directorate, 

FAA, 1601 Lind Avenue SW., Renton, 

WA 98057–3356; telephone (425) 227– 

1112; fax (425) 227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Community, has issued EASA 

Airworthiness Directive 2013–0186, 

dated August 16, 2013 (referred to after 

this as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for the specified products. The MCAI 

states: 

An occurrence with a CN–235 aeroplane 

has been reported, involving an in-flight 

problem with the fuel transfer system. 

The results of the subsequent investigation 

revealed damage on the fuel booster pump 

electrical feeding cable and some burn marks 

on the pump body and plate (fairing) at the 

external side of the fuel tank; confirmed 

electrical arcing between the wire and pump 

body; and revealed as well fuel leakage onto 

the affected wire. 

This condition, if not detected and 

corrected, could create an ignition source in 

the fuel tank vapour space, possibly resulting 

in a fuel tank explosion and loss of the 

aeroplane. 

To address this potential unsafe condition, 

EADS CASA (Airbus Military) issued All 

Operators Letter (AOL) 235–025 and AOL 


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