US. Department of Transportation Federal Aviation Administration



### MAY 

## 1 9 2016
Mr. Kirk Hawkins CEO & Founder ICON Aircraft 2141 ICON Way Vacaville , CA 95688 Dear Mr. Hawkins: 8 00 I n depe n de n ce Ave

. . S W Was hin g ton
. DC

. 20 59 1

Exemption No. 1 0829A Regulatory Docket No. FAA-2012-0514

Thi s letter is to inform you that we have granted your petition to amend Exemption No. 10829. It explains the basis for our decision , describes its effect, and lists the revised condition s and limitations. The Basis for Our Decision By letter dated February 24,2016, you petitioned the Federal Aviation Administration (FAA) on behalf of ICON Aircraft (ICON) for an amendment to Exemption No. 10829. That exemption relieved ICON from§§ 21.181, 21.190, 43.7 , 61.23, 61.31, 61.89, 61.303, 61.305, 61.315, 61.317, 61.321, 61.325, 61.327, 61.403, 61.411, 61.415 , 61.4 17 , 61.419, 61.423 , and 61.429 ofTitle 14, Code ofFederal Regulation s (14 CFR). Additionally, Exemption No. 10829 allows the ICON model A5 to be certificated , operated, and maintained under the regu lations app licable to aircraft issued a special airworthiness certificate in the light-sport category while incorporating a spin-resistant airframe (SRA) at a maximum takeoff weight (MTOW) of 1 , 680 pounds. The amendment you request would delete paragraph 4(c)(7) in the Cond ition s and Limitations section ofExemption No. I 0829 , which limits the propulsion system to a maximum power output of 100 kW (135 hors epower) or le ss, regardless of flig ht phas e or de-rating of the engine. In your petition , you indicate there has been no change in the condition s and reasons relative to public intere st and safety that were the basis for granting the origina l exemption.

AIR -16-0002- EThe FAA has determined that goo d cause exists for not publishing a summary ofthe petition in the Federal Register because the requested amendment to the exemption wou ld not set a precedent, and any delay in acting on this petition would be detrimental to ICON. Having reviewed your reasons for requesting an amendment to the exemption, J find that

- • the ICON AS amph ibious aircraft, while incorporating an SRA, requires additional power to achieve optimal takeoff, climb, and cruise performance; • a propulsion power li mitation is not included as part of the LSA definition in 14 CFR 

### § 1.1 ; and • the maximum airspeed in level flight with maximum continuou s power (Vh) of not more than 120 knots Calibrated Airspeed (CAS) under sta ndard atmospheric conditions at sea leve l , included as part ofthe LSA definition in 14 CFR 

### § 1.1, still applies to the ICON AS. Our Decision The FAA has determined that the justification for the issuance of Exemption No. 10829 remains va lid with resp ect to this exemption and is in the public interest. Therefore, under the authority provided by 49 U.S.C. 106(f), 40113 and 44701 , which the FAA Admin istrator has delegated to me, I grant your petition, subject to the following condition s and limitations. Conditions and Limitations 1. All con ditions and limitations of Exemption No. 10829 remain the same, except that paragraph 4( c)(7) is deleted. The Effect of Our Decision This exemption terminates on June 30, 2018, unless sooner superseded or rescinded. Sincerely, 

# D

**~** t--1-e..-.,..--- David Hempe Deputy Director Aircraft Certifica tion Service 2