This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

37 

Vol. 89, No. 1 

Tuesday, January 2, 2024 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 21 

[Docket No. FAA–2022–1135] 

Airworthiness Criteria: Special Class 

Airworthiness Criteria for the 

Blackshape S.p.A., Model BK160–200 

Very Light Airplane 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Notice of proposed 

airworthiness criteria. 

SUMMARY: The FAA announces the 

availability of, and requests comments 

on, the proposed airworthiness criteria 

for the Blackshape S.p.A., Model 

BK160–200 Very Light Airplane (VLA). 

This document proposes the 

airworthiness criteria that the FAA finds 

to be appropriate and applicable for the 

VLA design. 

DATES: Send comments on or before 

February 1, 2024. 

ADDRESSES: Send comments identified 

by Docket No. FAA–2022–1135 using 

any of the following methods: 

• Federal eRegulations Portal: Go to 

https://www.regulations.gov/ and follow 

the online instructions for sending your 

comments electronically. 

• Mail: Send comments to Docket 

Operations, M–30, U.S. Department of 

Transportation (DOT), 1200 New Jersey 

Avenue SE, Room W12–140, West 

Building Ground Floor, Washington DC, 

20590–0001. 

• Hand Delivery or Courier: Take 

comments to Docket Operations in 

Room W12–140 of the West Building 

Ground Floor at 1200 New Jersey 

Avenue SE, Washington, DC, between 9 

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

Friday, except Federal holidays. 

• Fax: Fax comments to Docket 

Operations at 202–493–2251. 

Privacy: The FAA will post all 

comments it receives, without change, 

to https://www.regulations.gov/, 

including any personal information the 

commenter provides. Using the search 

function of the docket website, anyone 

can find and read the electronic form of 

all comments received into any FAA 

docket, including the name of the 

individual sending the comment (or 

signing the comment for an association, 

business, labor union, etc.). DOT’s 

complete Privacy Act Statement can be 

found in the Federal Register published 

on April 11, 2000 (65 FR 19477–19478), 

as well as at https://www.dot.gov/ 

privacy. 

Docket: Background documents or 

comments received may be read at 

https://www.regulations.gov/ at any 

time. Follow the online instructions for 

accessing the docket or go to Docket 

Operations in Room W12–140 of the 

West Building Ground Floor at 1200 

New Jersey Avenue SE, Washington, 

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

through Friday, except Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Tara 

Fitzgerald, Certification Coordination 

Section, AIR–613, Certification 

Engagement Branch, Policy and 

Standards Division, Aircraft 

Certification Service, Federal Aviation 

Administration; telephone 781–238– 

7130; email tara.fitzgerald@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites interested people to 

take part in the development of these 

airworthiness criteria by sending 

written comments, data, or views. The 

most helpful comments reference a 

specific portion of the airworthiness 

criteria, explain the reason for any 

recommended change, and include 

supporting data. Comments on 

operational, pilot certification, and 

maintenance requirements would 

address issues that are beyond the scope 

of this document. 

Except for Confidential Business 

Information as described in the 

following paragraph, and other 

information as described in title 14, 

Code of Federal Regulations (14 CFR) 

11.35, the FAA will file in the docket all 

comments received, as well as a report 

summarizing each substantive public 

contact with FAA personnel concerning 

these proposed airworthiness criteria. 

Before acting on this proposal, the FAA 

will consider all comments received on 

or before the closing date for comments. 

The FAA may consider comments filed 

late if it is possible to do so without 

incurring delay. The FAA may change 

these proposed airworthiness criteria 

based on received comments. 

Confidential Business Information 

Confidential Business Information 

(CBI) is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 

(FOIA) (5 U.S.C. 552), CBI is exempt 

from public disclosure. If your 

comments responsive to these proposed 

airworthiness criteria contain 

commercial or financial information 

that is customarily treated as private, 

that you actually treat as private, and 

that is relevant or responsive to these 

proposed airworthiness criteria, it is 

important that you clearly designate the 

submitted comments as CBI. Please 

mark each page of your submission 

containing CBI as ‘‘PROPIN.’’ The FAA 

will treat such marked submissions as 

confidential under the FOIA, and the 

indicated comments will not be placed 

in the public docket of these proposed 

airworthiness criteria. Send submissions 

containing CBI to the individual listed 

under For Further Information Contact. 

Comments that the FAA receives, which 

are not specifically designated as CBI, 

will be placed in the public docket for 

these proposed airworthiness criteria. 

Background 

The European Union Aviation Safety 

Agency (EASA) submitted an 

application to the FAA, on behalf of 

Blackshape S.p.A., on February 10, 

2020, for a special class type certificate 

under 14 CFR 21.17(b) for the Model 

BK160–200 VLA. 

The BK160–200 is a single 

reciprocating engine airplane (Lycoming 

IO–320–D1B with constant speed 

Hartzell propeller), full carbon 

composite low wing design, with a 

retractable tri-cycle landing gear. It has 

conventional control systems (elevator, 

aileron, rudder, flaps, and longitudinal 

trim) and provides seats for two persons 

in a tandem seat configuration with a 

maximum takeoff gross weight (MTGW) 

of 850 kilograms (kg) (1,874 pounds). It 

also has advanced avionic displays, a 

stall speed of 50 knots, a rechargeable 

lithium-ion battery, and will perform 

night visual flight rules (VFR) 

operations. 


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38 Federal Register / Vol. 89, No. 1 / Tuesday, January 2, 2024 / Proposed Rules 

1Available at https://drs.faa.gov. 

Discussion 

The FAA establishes airworthiness 

criteria to ensure the safe operation of 

aircraft in accordance with 49 U.S.C. 

44701(a) and 44704. VLA are eligible for 

type certification under 14 CFR part 23 

or can be type certificated by the FAA 

as special class aircraft under 14 CFR 

21.17(b). Under the provisions of 14 

CFR 21.17(b), the airworthiness 

standards for special class aircraft are 

those the FAA finds to be appropriate 

and applicable to the specific type 

design. 

In 1992, the FAA published advisory 

circular (AC) 21.17–3,1 ‘‘Type 

Certification of Very Light Airplanes 

Under [14 CFR] 21.17(b)’’ to provide 

guidance on an acceptable means of 

compliance for type, production, and 

airworthiness certification for VLA. 

That AC designates the former Joint 

Aviation Authorities (JAA) of Europe 

publication, ‘‘Joint Aviation 

Requirements for Very Light 

Aeroplanes’’ (JAR–VLA) dated April 26, 

1990, as acceptable airworthiness 

criteria that provides an equivalent level 

of safety under 14 CFR 21.17(b) for FAA 

type certification of VLA as a special 

class of aircraft. After EASA was 

formed, EASA developed its VLA 

certification standards (CS–VLA) from 

JAR–VLA, with CS–VLA becoming 

effective on November 14, 2003. 

The FAA issued its ‘‘Policy for Type 

Certification of Very Light Airplanes as 

a Special Class of Aircraft’’ on October 

11, 2023 (88 FR 70344). This policy 

states that the FAA will continue to 

allow the type certification of VLA as a 

special class of aircraft under 14 CFR 

21.17(b) using CS–VLA or JAR–VLA 

requirements, while also allowing 

eligibility for certification as a normal 

category airplane in accordance with 

part 23 using accepted means of 

compliance. The FAA accepts CS–VLA 

and JAR–VLA airworthiness criteria as 

providing an equivalent level of safety 

under § 21.17(b) for special class type 

certification of VLA airplanes. The 

policy explains the FAA will consider 

proposals for airplane designs that differ 

from the VLA limits defined in AC 

21.17–3 for type certification as a 

special class of aircraft under § 21.17(b), 

provided the VLA would be certified to 

the JAR–VLA or CS–VLA requirements 

plus additional airworthiness criteria 

the FAA finds appropriate and 

applicable for the proposed design. The 

policy includes additional acceptable 

airworthiness criteria for certain design 

features that differ from those defined in 

AC 21.17–3 and that provide an 

equivalent level of safety under 

§ 21.17(b) for special class type 

certification of VLA airplanes. 

The FAA is proposing to certify the 

Blackshape S.p.A. Model BK160–200 

VLA to CS–VLA, Amendment 1, dated 

March 5, 2009, with additional 

requirements for advanced avionic 

displays, VFR night operations, MTGW 

of 850 kg (1,874 pounds), a stall speed 

of 50 knots, and a rechargeable lithiumion battery. 

Applicability 

These proposed airworthiness criteria, 

established under the provisions of 

§ 21.17(b), are applicable to the 

Blackshape S.p.A. Model BK160–200 

VLA. Should Blackshape S.p.A. 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 

VLA. It is not a rule of general 

applicability. 

Authority Citation 

The authority citation for these 

airworthiness criteria is as follows: 

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

44701, 44702, 44704. 

The Proposed Airworthiness Criteria 

The FAA proposes to establish the 

airworthiness criteria for type 

certification of the Blackshape S.p.A. 

Model BK160–200 as EASA 

Certification Specifications (CS) for 

Very Light Aeroplanes CS–VLA, 

Amendment 1, dated March 5, 2009, 

with additional requirements identified 

in ‘‘Policy for Type Certification of Very 

Light Airplanes as a Special Class of 

Aircraft’’ (88 FR 70344, October 11, 

2023) for Advanced Avionic Displays, 

Night-VFR Operations, Increased 

Maximum Certificated Takeoff Weight 

and Increased Stall Speed, and 

Rechargeable Lithium Ion Battery. 

Issued in Washington, DC, on December 

22, 2023. 

James Wilborn, 

Acting Manager, Certification Coordination 

Section, Policy and Standards Division, 

Aircraft Certification Service. 

[FR Doc. 2023–28718 Filed 12–29–23; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 464 

Trade Regulation Rule on Unfair or 

Deceptive Fees 

AGENCY: Federal Trade Commission 

ACTION: Notice of proposed rulemaking; 

extension of comment period. 

SUMMARY: The Federal Trade 

Commission (‘‘FTC’’ or ‘‘Commission’’) 

is extending the deadline for filing 

comments on its notice of proposed 

rulemaking (‘‘NPRM’’) concerning its 

trade regulation rule entitled the ‘‘Rule 

on Unfair or Deceptive Fees.’’ 

DATES: For the NPRM published 

November 9, 2023 (88 FR 77420), the 

comment deadline is extended from 

January 8, 2024, to February 7, 2024. 

ADDRESSES: Interested parties may file a 

comment online or on paper by 

following the instructions in the 

SUPPLEMENTARY INFORMATION section of 

the NPRM published at 88 FR 77420. 

Write ‘‘Unfair or Deceptive Fees NPRM, 

R207011’’ on your comment and file 

your comment online at https://

www.regulations.gov. If you prefer to 

file your comment on paper, please mail 

your comment to: Federal Trade 

Commission, Office of the Secretary, 

600 Pennsylvania Avenue NW, Mail 

Stop H–144 (Annex J), Washington, DC 

20580. 

FOR FURTHER INFORMATION CONTACT: 

Janice Kopec or Stacy Cammarano, 

Division of Advertising Practices, 

Bureau of Consumer Protection, Federal 

Trade Commission, 202–326–2550 

(Kopec), 202–326–3308 (Cammarano), 

jkopec@ftc.gov, scammarano@ftc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Comment Period Extension 

On November 9, 2023 (88 FR 77420), 

the Commission published in the 

Federal Register an NPRM with a 

January 8, 2024, deadline for filing 

comments. The Commission published 

the NPRM to solicit comments about the 

proposed Rule on Unfair or Deceptive 

Fees and, specifically, on the questions 

set forth in Section X of the NPRM. 

Interested parties have subsequently 

requested an extension of the public 

comment period to give them additional 

time to respond to the NPRM’s request 

for comment. While the original 

comment period affords the public a 

meaningful opportunity to provide the 

Commission with comments regarding 

its rulemaking proposal, the 

Commission will extend the period for 

public comment on its NPRM an 

additional 30 days to February 7, 2024. 


khammond on DSKJM1Z7X2PROD with PROPOSALS