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.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

83019 

Vol. 88, No. 227 

Tuesday, November 28, 2023 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 21 

[Docket No. FAA–2022–1378] 

Airworthiness Criteria: Primary 

Category Airworthiness Design Criteria 

for the ICON Aircraft Inc., Model A5–8 

Airplane 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Issuance of final airworthiness 

criteria. 

SUMMARY: The FAA announces the 

primary category airworthiness design 

criteria for type certification of the ICON 

Aircraft Inc., (ICON) Model A5–8 

airplane. 

DATES: These airworthiness criteria are 

effective December 28, 2023. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Raymond N. Johnston, Avionics 

Navigation & Flight Deck Unit (AIR– 

626B), Avionics & Electrical Systems 

Section, Technical Policy Branch, 

Policy & Standards Division, Aircraft 

Certification Service, Federal Aviation 

Administration, 901 Locust Street, 

Room 301, Kansas City, MO 64106; 

phone (816) 329–4159, fax (816) 329– 

4090, email raymond.johnston@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

ICON applied to the FAA on August 

3, 2020, for a primary category type 

certificate (TC) under 14 CFR 21.17(f) 

for the Model A5–B airplanes. 

The ICON Model A5–B airplane 

consists of a Rotax 912 iS Sport piston 

engine certified by European Union 

Aviation Safety Agency (EASA TC 

E.121) with additional FAA validation 

requirements to account for differences 

between EASA CS–E requirements and 

FAA 14 CFR part 33 requirements. The 

ICON A5–B will utilize a Sensenich 3- 

blade composite propeller that conforms 

with the ASTM consensus standard for 

propellers identified in Tables 1 and 3 

of these airworthiness design criteria. 

The FAA does not plan to issue TCs for 

the engine or the propeller. 

For continued operational safety 

(COS) requirements, the applicant 

would need to utilize the processes 

outlined in ASTM F3198–18 identified 

in Tables 1 and 7 of these airworthiness 

design criteria to develop a COS 

program. Some differences exist 

between FAA processes for COS for 

primary category aircraft and those 

outlined for LSA in ASTM F3198–18. 

The operational safety risk assessment 

information in the appendix of ASTM 

F3198–18 would need to be utilized by 

the TC holder, except notification to the 

FAA is required for reportable events 

identified in § 21.3. The FAA will then 

utilize a risk assessment process in 

determining if mandatory action is 

required. 

Under § 21.17(c), an application for 

type certification is effective for three 

years, unless the FAA approves a longer 

period. Section 21.17(d) provides that, 

where a TC has not been issued within 

the time limit established under 

§ 21.17(c), the applicant may file for an 

extension and update the designated 

applicable regulations in the type 

certification basis. The effective date of 

the applicable airworthiness 

requirements for the updated type 

certification basis must not be earlier 

than 3 years before the date of issue of 

the type certificate. Since the project 

was not certificated within 3 years after 

the application date above, the FAA 

approved the applicant’s request to 

extend the application for type 

certification. As a result, the extended 

date of application for type certification 

is September 26, 2022. 

The FAA issued a notice of proposed 

airworthiness criteria for the ICON 

Model A5–B airplane, which published 

in the Federal Register on August 31, 

2023 (88 FR 60153). 

Discussion of Comments 

The FAA received no comments. 

Applicability 

These airworthiness criteria, 

established under the provisions of 

§ 21.17(f), are applicable to the ICON 

Model A5–B airplane. Should ICON 

apply at a later date for a change to the 

type certificate to include another 

model, these airworthiness criteria 

would apply to that model as well, 

provided the FAA finds them 

appropriate in accordance with the 

requirements of subpart D to part 21. 

Conclusion 

This action affects only the 

airworthiness criteria for one model. It 

is not a standard of general 

applicability. 

Authority Citation 

The authority citation for these 

airworthiness criteria is as follows: 

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

44701, 44702, and 44704. 

Airworthiness Criteria 

Pursuant to the authority delegated to 

me by the Administrator, the following 

airworthiness criteria are issued as part 

of the type certification basis for the 

ICON Model A5–B airplane. The FAA 

finds that compliance with the 

following would mitigate the risks 

associated with the proposed design and 

would provide an equivalent level of 

safety to existing rules. 

The airworthiness criteria for the 

issuance of a TC for the ICON Aircraft, 

Inc., Model A5–B airplane, a primary 

category airplane, and its powerplant 

installation is listed in Tables 1 through 

8 below. 

The following certification basis, 

established under the provisions of 

§ 21.17(f), is appropriate for the ICON 

Model A5–B airplane: 

TABLE 1—AIRPLANE CERTIFICATION BASIS

Subject Consensus standard or regulation Title and description 

Primary Type Certification ............... Sections 21.17(f) and 21.24, both 

at amendment 21–100.

‘‘Designation of applicable regulations’’, and ‘‘Issuance of type certificate: primary category aircraft.’’ 


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83020 Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations 

TABLE 1—AIRPLANE CERTIFICATION BASIS—Continued 

Subject Consensus standard or regulation Title and description 

Aircraft Design and Performance .... ASTM F2245–20 ........................... ‘‘Standard Specification for Design and ‘‘Performance of a Light Sport 

Airplane’’ as modified by Table 2 of these airworthiness design criteria. 

Engine ............................................. 14 CFR part 33, Amendment 33– 

34.

The FAA will accept an engine certified by EASA to CS–E at amendment 6 that meets the additional criteria in Table 8 of these airworthiness design criteria. 

Propeller .......................................... ASTM F2506–13 ........................... ‘‘Standard Specification for Design and Testing of Light Sport Aircraft 

Propellers’’ as modified by Table 3 of these airworthiness design 

criteria. 

Noise ............................................... 14 CFR part 36, Amendment 36– 

31.

‘‘Noise Standards: Aircraft Type and Airworthiness Certification.’’ 

Airframe Emergency Parachute ...... ASTM F2316–12 ........................... ‘‘Standard Specification for Airframe Emergency Parachutes’’ as 

modified by Table 4 of these airworthiness design criteria. 

Airplane Flight Manual or Pilot’s 

Operating Handbook.

ASTM F2746–14 ...........................

Or GAMA Specification No. 1, rev 

October 18, 1996.

‘‘Standard Specification for Pilot’s Operating Handbook (POH) for 

Light Sport Aircraft’’ as modified by Table 5 of these airworthiness 

design criteria. 

Maintenance Manual ....................... ASTM F2483–18 ........................... ‘‘Standard Practice for Maintenance and the Development of Maintenance Manuals for Light Sport Aircraft’’ as modified by Table 6 of 

these airworthiness design criteria. 

Continued Operational Safety 

(COS).

ASTM F3198–18 ........................... ‘‘Standard Specification for Light Sport Aircraft Manufacturer’s Continued Operational Safety (COS) Program’’ as modified by Table 7 of 

these airworthiness design criteria. 

TABLE 2—MODIFICATIONS APPLICABLE TO ASTM F2245–20 ‘‘STANDARD SPECIFICATIONS FOR DESIGN AND

PERFORMANCE OF LIGHT SPORT AIRCRAFT’’ 

Requirements 

Include all sections of ASTM F2245–20 except section 9.1.4. 

Change section 1.1 to: ‘‘This specification covers basic airworthiness requirements for the design of a fixed-wing airplane.’’ 

Change section 1.2 to: ‘‘This specification is applicable to the design of a primary category airplane limited to two seats.’’ 

TABLE 3—MODIFICATIONS APPLICABLE TO ASTM F2506–13 ‘‘STANDARD SPECIFICATION FOR DESIGN AND TESTING OF

LIGHT SPORT AIRCRAFT PROPELLERS’’ 

Requirements 

Include all sections of ASTM F2506–13 except section 10. 

TABLE 4—MODIFICATIONS APPLICABLE TO ASTM F2316–12 ‘‘STANDARD SPECIFICATION FOR AIRFRAME EMERGENCY

PARACHUTES’’ 

Requirements 

Include all sections of ASTM F2316–12 except section 12. 

TABLE 5—MODIFICATIONS APPLICABLE TO ASTM F2746–14 ‘‘STANDARD SPECIFICATION FOR PILOT’S OPERATING

HANDBOOK (POH) FOR LIGHT SPORT AIRCRAFT’’ 

Requirements 

The airplane flight manual (AFM) must comply with all sections of ASTM F2746–14, as modified by this table, except sections 1.3, 4.6, and 7, 

or alternatively, the airplane flight manual must comply with GAMA Specification No. 11 issued February 15, 1975, and revised October 18, 

1996, in which case the following modifications do not apply. 

In addition to ASTM F2746–14, each part of the AFM indicated below must be approved, segregated, identified, and clearly distinguished from 

unapproved parts: 

• Chapter 2 Limitations; 

• Chapter 3 Emergency Procedures; 

• Chapter 5 Performance; 

• Chapter 6: 

Æ Weight and Balance Chart (see section 6.10.1 of ASTM F2746–14); 

Æ Operating Weights and Loading (see section 6.10.2 of ASTM F2746–14); 

Æ Center of Gravity (CG) Range and Determination (see section 6.10.3 of ASTM F2746–14); 

• Chapter 8: 

Æ Approved Fuel Grades and Specifications (see section 6.12.5.1 of ASTM F2746–14); 

Æ Approved Oil Grades and Specifications (see section 6.12.5.2 of ASTM F2746–14). 

In addition to ASTM F2746–14, non-approved information in the AFM must be presented in a manner acceptable to the FAA. 


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Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations 83021 

1 GAMA Specification No. 1. 

TABLE 5—MODIFICATIONS APPLICABLE TO ASTM F2746–14 ‘‘STANDARD SPECIFICATION FOR PILOT’S OPERATING

HANDBOOK (POH) FOR LIGHT SPORT AIRCRAFT’’—Continued 

Requirements 

Change section 6.4.1 of ASTM 2746–14 to: ‘‘A list of the standards used for the design, construction, continued airworthiness, and reference 

compliance with this standard.’’ 

TABLE 6—MODIFICATIONS APPLICABLE TO ASTM F2483–18 ‘‘STANDARD PRACTICE FOR MAINTENANCE AND THE

DEVELOPMENT OF MAINTENANCE MANUALS FOR LIGHT SPORT AIRCRAFT’’ 

Requirements 

Include all sections of ASTM F2483–18 except: 

• Section 3.1.7 

• Section 3.1.7.1 

• Section 3.1.8 

• Section 4 

• Note 1 in section 5 

• Section 5.3.2 

• Section 5.3.3 

• Section 5.3.6 

• Section 6.1 

• Note 5 in section 6.1 

• Section 8 and all subsections and notes 

• Section 9 and all subsections 

• Section 10 and all subsections 

• Section 11 and all subsections and notes 

• Section 12 and all subsections 

• Annex A1 

In addition to ASTM F2483–18, a maintenance manual containing the information that the applicant considers essential for proper maintenance 

must be provided as indicated in § 21.24(a)(2)(iii). 

In addition to ASTM F2483–18, the part of the manual containing service life limitations, the replacement or overhaul of parts, components, and 

accessories subject to such limitations must be approved, identified, and clearly distinguished from each other unapproved part of the maintenance manual. 

Change section 3.1.9 to: ‘‘maintenance manual(s)—manual provided by the type design holder that specifies maintenance, repairs, or alterations authorized by the manufacturer.’’ 

Change section 3.1.11 to: ‘‘manufacturer—any entity engaged in the production of, or component used on, a type certified primary category airplane. 

Change section 5.3 to: ‘‘Level of Certification—When listing the qualification level needed to perform a task, the type certificate holder must use 

the appropriate qualifications from the regulations for aircraft maintenance indicated in 14 CFR part 43, appendix A.’’ 

Change Note 4 in section 5.3.1 to: ‘‘Primary category aircraft owners may perform maintenance as outlined in part 43, appendix A.’’ 

Change section 6.2 to: ‘‘Typical tasks considered as line maintenance include:’’ 

TABLE 7—MODIFICATIONS APPLICABLE TO ASTM F3198–18 ‘‘STANDARD SPECIFICATION FOR LIGHT SPORT AIRCRAFT

MANUFACTURER’S CONTINUED OPERATIONAL SAFETY (COS) PROGRAM’’ 

Requirement 

Include all sections of ASTM F3198–18 except: 

• Section 1 and all subsections 

• Section 5.2 and all subsections 

• Section 5.3 and all subsections 

• Section 6.1.1.3 

• Section 6.1.1.4 

• Section 7.7 and all subsections 

• Section 8.1.2.1 

• Section 8.2 and all subsections 

• Section 10 

Change section 4.1 to: ‘‘The purpose of this specification is to establish, by the manufacturer, a method by which unsafe conditions and service 

difficulty issues are reported, evaluated, and corrected. The type certificate holder is responsible to report failures, malfunctions or defects to 

the FAA as outlined in § 21.3.’’ 

Replace ‘‘manufacturer’’ with ‘‘type certificate holder’’ throughout section 7. 


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83022 Federal Register / Vol. 88, No. 227 / Tuesday, November 28, 2023 / Rules and Regulations 

2CS–E, Amendment 6—Aircraft cybersecurity. 

1 Inclusion of Additional Automatic Dependent 

Surveillance-Broadcast (ADS–B) Technical 

Standard Orders; Incorporation by Reference direct 

final rule, 88 FR 71468 (Oct. 17, 2023). 

In addition to the EASA CS–E, 

amendment 6 requirements,2 the 

following requirements from 14 CFR 

part 33, amendment 33–34 also apply. 

TABLE 8—FAA VALIDATION OF EASA 

STATE OF DESIGN RECIPROCATING

AIRCRAFT ENGINES

Subject 14 CFR Part 33 

Instructions for Continued Airworthiness (ICA).Section 33.4, appendices A33.1(b), 

A33.2, A33.3(b) 

and (c), and 

A33.4(a)(2). 

Engine ratings and 

operating limitations 

including reciprocating engine limits.

Sections 33.7(b)(6) 

and (b)(8). 

Durability (Propeller 

blade pitch control 

systems).

Section 33.19(b). 

Turbine, compressor, 

fan, and turbosupercharger rotor 

overspeed.

Section 33.27. 

Turbocharger rotors .. Section 33.34. 

Lubrication system .... Sections 33.39(a) and 

(c). 

Vibration test ............. Sections 33.43(a) and 

(c). 

Endurance test .......... Section 33.49(d). 

Issued in Kansas City, Missouri, on 

November 20, 2023. 

Patrick R. Mullen, 

Manager, Technical Policy Branch, Policy and 

Standards Division, Aircraft Certification 

Service. 

[FR Doc. 2023–26027 Filed 11–27–23; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 43 and 91 

[Docket No. FAA–2023–1836; Amdt. Nos. 

43–53A and 91–371A] 

RIN 2120–AL70 

Inclusion of Additional Automatic 

Dependent Surveillance-Broadcast 

(ADS–B) Out Technical Standard 

Orders; Incorporation by Reference; 

Confirmation of Effective Date 

AGENCY: Federal Aviation 

Administration (FAA), U.S. Department 

of Transportation (DOT). 

ACTION: Direct final rule; confirmation of 

effective date. 

SUMMARY: This action confirms the 

December 18, 2023, effective date of the 

‘‘Inclusion of Additional Automatic 

Dependent Surveillance-Broadcast 

(ADS–B) Out Technical Standard 

Orders; Incorporation by Reference’’ 

direct final rule published on October 

17, 2023. The direct final rule amends 

the Automatic Dependent SurveillanceBroadcast (ADS–B) Out requirements to 

allow aircraft meeting the performance 

requirements in Technical Standard 

Order (TSO)–C166c (Extended Squitter 

Automatic Dependent Surveillance— 

Broadcast (ADS–B) and Traffic 

Information Service—Broadcast (TIS–B) 

Equipment Operating on the Radio 

Frequency of 1090 Megahertz (MHz)), or 

TSO–C154d, (Universal Access 

Transceiver (UAT) ADS–B Equipment 

Operating on the Radio Frequency of 

978 Megahertz (MHz)) to meet the 

regulations. Aircraft equipped with 

ADS–B Out that meets the performance 

requirements of either TSO–C166c or 

TSO–C154d will provide additional 

information to pilots and air traffic 

control, including weather information, 

spectrum monitoring, and airspeed. 

They will also enable new wake 

turbulence applications, enhance 

weather forecasting, and enable or 

enhance ADS–B In applications such as 

Flight Interval Management. 

DATES: The effective date of December 

18, 2023, for the direct final rule 

published October 17, 2023 (88 FR 

71468) is confirmed. 

Incorporation by reference: The 

incorporation by reference of certain 

publications listed in this rule is 

approved by the Director of the Office 

of the Federal Register as of December 

18, 2023. The incorporation by reference 

of certain other publications listed in 

this rule was approved by the Director 

of the Office of the Federal Register as 

of August 11, 2010. 

ADDRESSES: For information on where to 

obtain copies of rulemaking documents 

and other information related to this 

action, see ‘‘How To Obtain Additional 

Information’’ in the SUPPLEMENTARY

INFORMATION section of this document. 

FOR FURTHER INFORMATION CONTACT: Juan 

Sebastian Yanguas, Airspace Rules & 

Regulations, AJV–P21, Federal Aviation 

Administration, 800 Independence 

Avenue SW, Washington, DC 20591; 

telephone (202) 267–8783; email 

Juan.S.Yanguas@faa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This action confirms the effective date 

of the ‘‘Inclusion of Additional 

Automatic Dependent SurveillanceBroadcast (ADS–B) Out Technical 

Standard Orders; Incorporation by 

Reference’’ direct final rule.1 As of 

January 1, 2020, Federal Aviation 

Administration (FAA) regulations, 

codified in title 14 Code of Federal 

Regulations (14 CFR), §§ 91.225 and 

91.227, require aircraft to equip with 

Automatic Dependent SurveillanceBroadcast (ADS–B) Out to operate in 

expressly identified airspace areas. 

ADS–B Out equipment must meet the 

performance requirements in § 91.227 

along with those in Technical Standard 

Orders (TSO)–C166b or TSO–C154c. 

This rule revised §§ 91.225 and 91.227 

to allow aircraft with equipment that 

meets the performance requirements in 

the new TSOs, TSO–C166c and TSO– 

C154d, to also operate in compliance 

with the regulations. Specifically, to 

allow use of these new TSOs, the direct 

final rule incorporates by reference 

TSO–C166c, TSO–C154d, section 2 of 

RTCA DO–260C, RTCA DO–260C 

Change 1, and section 2 of RTCA DO– 

282C into 14 CFR 91.225 and 91.227. 

These new performance requirements 

enable new wake turbulence 

applications, incorporate functionality 

for high-altitude and high-velocity 

vehicles, and enhance weather 

forecasting. The addition of TSO–C166c 

and TSO–C154d to the list of permitted 

TSOs will not negatively affect current 

users because TSO–C166b and TSO– 

C154c will remain as acceptable 

performance requirements. 

This rule also made minor changes to 

other regulatory sections of part 91. It 

revised § 91.215 to remove the 

requirement that transponders reply to 

intermode interrogations, as 

International Civil Aviation 

Organization (ICAO) prohibited those 

replies in ICAO Annex 10 Volume IV 

Standards and Recommended Practices 

and new transponder certifications do 

not include the capability to reply to 

intermode interrogations. This rule also 

removed the requirement in part 43, 

appendix F, to verify response to an 

intermode interrogation. 

II. Discussion of Comments 

The FAA received one comment 

related to this direct final rule. AIRBUS 

Commercial Aircraft commented that 

they believed Advisory Circulars 20– 

165, Airworthiness Approval of 

Automatic Dependent Surveillance— 

Broadcast OUT Systems, and Advisory 

Circular 20–172, Airworthiness 

Approval for ADS–B In Systems and 

Applications, covering the installation 

of ADS–B Out and ADS–B In, 


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