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###### Department of Transportation

###### Federal Aviation Administration

# AGENCY:

Federal Aviation Administration, DOT.

# ACTION:

Notice of availability; request for comments.

# SUMMARY:

                        This notice announces the availability of four revised consensus standards to previously accepted consensus standards relating to the provisions of the Sport Pilot and Light-Sport 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                               ( print page 52998)                            the specified aircraft under the provisions of the Sport Pilot and Light-Sport Aircraft rule.                    

# DATES:

Comments must be received on or before December 14, 2009.

# 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 four 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 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 (ε) 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 (ε)) 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 July 28, 2008, and published in the                     **Federal Register**                     on July 28, 2008, the FAA asked for public comments on the new and revised consensus standards accepted by that NOA. The comment period closed on September 26, 2008. 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 April 1, 2010. 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 April 1, 2010, 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 Standard may not be used after April 1, 2010:

ASTM Designation F2240-05, titled: Standard Specification for Manufacturer Quality Assurance Program for Powered Parachute Aircraft.

ASTM Designation F2244-05, titled: Standard Specification for Design and Performance for Powered Parachute Aircraft.

ASTM Designation F 2245-07a, titled: Standard Specification for Design and Performance of a Light Sport Airplane.

ASTM Designation F 2316-06, titled: Standard Specification for Airframe Emergency Parachutes for Light Sport Aircraft.

## 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 consensus standards listed below may be used unless the FAA publishes a specific notification otherwise.

a. ASTM Designation F2240-08, titled: Standard Specification for Manufacturer Quality Assurance Program for Powered Parachute Aircraft.

b. ASTM Designation F2244-08, titled: Standard Specification for Design and Performance for Powered Parachute Aircraft.

c. ASTM Designation F 2245-09, titled: Standard Specification for Design and Performance of a Light Sport Airplane.

                    d. ASTM Designation F 2316-08, titled: Standard Specification for Airframe Emergency Parachutes for Light Sport Aircraft.                          ( print page 52999)    

## 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 October 1, 2009.

Scott Horn,

Acting Manager, Small Airplane Directorate, Aircraft Certification Service.

[FR Doc. E9-24746 Filed 10-14-09; 8:45 am]

BILLING CODE 4910-13-P